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HomeMy WebLinkAbout14.C. Request to Amend the City Code at Sec. 11.36-Ord. No. 736 1'/. C . CITY OF SHAKOPEE Memorandum CASE LOG NO.:pe- 05081 CONSENT TO: Honorable Mayor and eity Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request to amend the Shakopee City Code at Sec. 11.36, Highway Business Zone (B-1) to allow pet daycare and boarding facilities as a conditional use MEETING DATE: August 16,2005 INTRODUCTION: Julie Hofflander and Janelle Pumper have submitted a request to amend Shakopee City Code Sec. 11.36, Subd. 3, in order to allow pet daycare and boarding facilities as conditional uses in the Highway Business (B-1) Zone. The specific property that the applicants are interested in is Suite 200,6268 Highway 101, the former site of Budget Liquors. A copy ofthe report that went to the Planning Commission and the applicants' submitted materials are attached for the Council's information. ALTERNATIVES: 1. Approve Ordinance No. 736, amend the Shakopee City Code at Sec. 11.36, Highway Business Zone (B-1) to allow pet daycare and boarding facilities as a conditional use 2. Approve Ordinance No. 736, with revisions. 3. Do not approve Ordinance No. 736. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: On August 4, 2005 the Planning Commission unanimously recommended approval of the proposed text amendment with some revisions, which are incorporated in the draft ordinance accompanying this report. While there was some discussion of outside exercise areas, it was not incorporated in the motion to recommend approval. ACTION REQUESTED: Offer a motion approving Ordinance No. 736 amending the Shakopee City Code at Sec. 11.36, Highway Business Zone (B-1) to allow pet daycare and boarding fac'lities as a conditional use. R. Michael Leek Community Development Director H:\CC\2005\08-16\TA Bl Pet Care,doc 1 ORDINANCE NO. 736, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE THE SHAKOPEE CITY CODE AT SEC. 11.36, HIGHWAY BUSINESS ZONE (B-1) TO ALLOW PET DAYCARE AND BOARDING FACILITIES AS A CONDITIONAL USE. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the City eouncil hereby adopts the following findings of fact; Finding #1 The original zoning ordinance is not in error. Finding #2 Significant changes in community goals and policies have not taken place that mandate the requested zoning amendment. Finding #3 Increased urbanization has reduced the supply of land that might be available for the type of use (kennel) proposed by the applicant, At the same time, as the applicant's materials note, the market for the kind of services they propose increases with the increase in the City's population, and by extension, pet population, Because the nature of boarding facilities and their services have changed over the last several years, it appears that businesses such as those proposed by the applicant can be allowed in the City's Highway Business (B-1) Zone without adverse impact to surrounding properties. Finding #4 The Comprehensive Plan does not require a different provision, Section 2 - That Sec. 11.36, Highway Business Zone (B-1), Subd. 3, Conditional Uses is amended by adding the following new language D. pet davcare and boardin2 facilities (re-Ietter accordin2lv) Section 2 - That City Code Sec. 11.87, Conditional Use Permit Standards for Business Zones, Subd. 2. Specific Standards for ResidentiallBusinesslIndustrial Zones is hereby amended by adding the following new language; Newee. Pet daycare and boarding facilities: 1. Shall not be located on property adiacent to properties that are either existing residential uses or which are zoned for residential use. and shall be at least 300 feet from residentially used or zoned properties; 2. All animals shall be housed or boarded indoors. and the facility shall not have outdoor boarding or confinement areas; H:\CC\2005\08-16\TA Bl Pet Care,doc 2 3. All wastes shall be properly stored in either the principal building or in an attached enclosure that is constructed of materials consistent with those of the principal structure. including a top: 4. If outdoor exercise facilities are provided they shall not be on public propertv (whether easement. park. right-of-wav. or otherwise ). Re-Ietter accordingly. Section 3 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of , 2005. Mayor of the eity of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2005. H:\CC\2005\08-16\TA Bl Pet Care,doc 3 .~IO CITY OF SHAKOPEE Memorandum CASE NO.: 05-081 TO: Shakopee Planning eommission FROM: R. Michael Leek SUBJECT: Request to amend the Shakopee City eode at Sec. 11.36, Highway Business Zone (B-1) to allow pet daycare and boarding facilities as a conditional use MEETING DATE: July 7,2005 REVIEW PERIOD: May 26 - September 23, 2005 INTRODUCTION: Julie Hofflander and Janelle Pumper have submitted a request to amend Shakopee City Code Sec. 11.36, Subd. 3, in order to allow pet daycare and boarding facilities as conditional uses in the Highway Business (B-1) Zone. The specific property that the applicants are interested in is Suite 200,6268 Highway 101, the former site of Budget Liquors. A copy of the applicants' submitted materials are attached for the Commission's information. On July 9,2005 the Commission continued the public hearing to give staff additional time to research the approach other communities have taken, and if they allow the proposed use, the conditions that they attach to the use. DISCUSSION: Following the July 9th meeting, Ms. Hofflander provided additional information that the applicants had gathered. A copy ofthe e-mail is attached for the Commission's information. Also, the author ofthis report contacted a number of our neighboring communities. From those contacts, the following was learned; . The eity of Chanhassen has regulations similar to the City of Shakopee' s, i.e. some boarding is allowed in connection with veterinary services, otherwise in the non-urban portions ofthe community. . The eity of Prior Lake allows this type of use in their C-4 (General Business) district with the following conditions (the City of Prior Lake in fact recently approved such a facility in their business park); 0 No animals shall be kept outside ofthe building, or be otherwise located, which cause offensive odor or noise discernible at the property line of the lot on which the activity is conducted. 0 Where animals are boarded, the facility shall be located a minimum of 100 feet from abutting properties in an "R" use district. . The eity of Savage allows them in commercial zones with the restriction against outdoor confinement areas. H:\BOAA-PC\2005\08-04\txt pet daycare 08042005,doc 1 Based on input received from other cities, staff believes that such boarding uses may be allowed consistent with the purposes of the B-1 (Highway Business) Zone as a conditional use permit. Because Shakopee has a number of B-1 zoned properties that are adjacent to existing residential uses and zones, staff proposes the following conditions for CUP's for the Commission's consideration; . Shall not be located on property adjacent to properties that are either existing residential uses or which are zoned for residential use, and shall be at least 100 feet from residentially used or zoned properties; . All animals shall be housed or boarded indoors, and the facility shall not have outdoor boarding or confi:p.ement areas; . All wastes shall be properly stored in either the principal building or in an attached enclosure that is constructed of materials consistent with those ofthe principal structure, including a top; FINDINGS: City Code Sec. 11.83, Subd. 3 provide the criteria required for the granting of a Zoning Ordinance Amendment. Only one of the criteria needs to exist for an amendment to be warranted. These criteria are listed below with proposed findings for the Commission's consideration. Criteria #1 That the original Zoning Ordinance is in error; Finding #1 The original zoning ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place that mandate the requested zoning amendment. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Increased urbanization has reduced the supply of land that might be availablefor the type of use (kennel) proposed by the applicant. At the same time, as the applicant's materials note, the market for the kind of services they propose increases with the increase in the City's population, and by extension, pet population. Because the nature of boarding facilities and their services have changed over the last several years, it appears that businesses such as those proposed by the applicant can be allowed in the City's Highway Business (B-1) Zone without adverse impact to surrounding properties. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan does not require a different provision. H:\BOAA-PC\2005\08-04\txt pet daycare 08042005.doc 2 ALTERNATIVES: 1. Offer a motion to recommend to the City Council the approval of the request to amend the Highway Business (B-1) zone to allow "pet daycare and boarding facilities" as conditional uses subject to the following conditions; . Shall not be located on property adjacent to properties that are either existing residential uses or which are zoned for residential use, and shall be at least 100 feet from residentially used or zoned properties; . All animals shall be housed or boarded indoors, and the facility shall not have outdoor boarding or confinement areas; . All wastes shall be properly stored in either the principal building or in an attached enclosure that is constructed of materials consistent with those of the principal structure, including a top; 2. Offer a motion to recommend to the City eouncil the approval of the request to amend the Highway Business (B-1) zone to allow "pet daycare and boarding facilities" as conditional uses subject to the revised conditions; . Shall not be located on property adjacent to properties that are either existing residential uses or which are zoned for residential use, and shall be at least 100 feet from residentially used or zoned properties; . All animals shall be housed or boarded indoors, and the facility shall not have outdoor boarding or confinement areas; . All wastes shall be properly stored in either the principal building or in an attached enclosure that is constructed of materials consistent with those of the principal structure, including a top; 3. Recommend to the City Council denial ofthe requested ordinance amendment. 4, Offer a motion to continue the public hearing and request additional information from the applicant and/or staff. 5. Close the public hearing, table a decision, and request additional information from the applicant and/or staff. STAFF RECOMMENDATION: Staff recommends alternatives 1 or 2. ACTION REQUESTED: Offer a motion to recommend to the eity Council the approval of the request to amend the Highway Business (B-1) zone to allow "pet daycare and boarding facilities" as conditional uses subject to the conditions as presented by staff, or with revised conditions. ~ ./J' /".~~ R. Michael Leek , Community Development Director H:\BOAA-PC\2005\08-04\txt pet daycare 08042005.doc 3 Page 1 of 1 Michael Leek From: Jhofflander@aol,com Sent: Tuesday, July 26, 2005 1 :40 PM To: Michael Leek; ABarnard@northco.com Subject: Doggie Daycare / Zoning info w/attachments Hello Michael, thanks again for taking time to review this information. As discussed, I look forward to your phone call later today or tomorrow in effort to set up a meeting with you that hopefully can take place prior to the August 4th Planning and Zoning Council meeting, The commissions desire to develop baseline guidelines is understandable and hopefully this information will assist you with some ideas of how communities surrounding Shakopee are dealing with the new concept of doggie daycare's. As I mentioned previously, they tend to lean toward how they specifically define kennel as well as the guidelines that kennels are governed by. The particular zones that each city allows this type of facility are all over the map, so to speak. Most are subject to a CUP but there are a few adjacent communities that allow them without a CUP. Quickly, of special interest, a conversation with Bloomington Planning Dept's Gaylon Doyle (ph# 952/563-8924) when developing verbiage for a past amendment to their zoning code, they took special care to use the term "Pet Services Facility" vs. Oust) kenneling and further defined the amendment to say, "Individual or combination of sales, retail, veterinarian care, hospital care, short term daily care, boarding and grooming," If necessary, I would also add training to this as that is a very popular amenity to offer clients. He also included it may be beneficial to differentiate "boarding" Vs "breeding." Conditional Use Permits are obviously subject to each individual property with final approval resting with the city involved, In my research over the past 9 months of existing doggie daycare's, the factors that are addressed most commonly (of course not limited to) are the following: Noise/Turnout areas Odor/Waste Disposal Outside Fencing/Signs/Lighting Traffic generated Parking / Company vehicles Retail sales Hours of Operation Employee staffing Finally, I have attached some emails I have received from various communities that may be of additional help in the verbiage search, One of the attachments included on the Ap Valley doc addresses a doggie daycare/boarding facility that is currently in existence. Thanks Again! Please call to discuss, Julie , 7/26/2005 DIVISION 4. KENNELS Section 70. Reference. The provisions of Minnesota Statutes, 1992, Section 347.35 and 347.37 are hereby incorporated herein and adopted by reference. (Ord. No. 281, Sec. 16, 6/18/79; Ord. No. 556, Sec. 4, 8/1/94) Section 71. Definitions. Dog: Means a canine of either male or female gender. Cat: Means a feline of either male or female gender. Owner: Means any person owning, keeping or harboring a dog or cat. Private kennel: Means a place where more than two dogs or two cats over six months of age are kept by their owner for no commercial purpose. Provided that the combined total number of dogs and cats over six (6) months of age shall not exceed five (5) in any private kennel. Commercial kennel: Means a place where any number of dogs and/or cats of any age are kept, confined, or congregated for the purpose of selling, boarding, breeding, training, treating or grooming. (Ord. No. 556, Sec. 5, 8/1/94) Section 72. Kennels restricted to certain areas. Commercial kennels shall be allowed by Special Use Permit only in the R-Rural District as authorized by the Chaska Zoning Ordinance and subject to the conditions set forth therein. (Ord. No. 281, Sec. 16, 6/18/79; Ord. No. 556, Sec. 6, 8/1/94) Section 73. Maintenance of kennels, dogs in kennels. All kennels, private or commercial, shall be maintained in the following manner: (a) Kennels shall be kept in a clean, sanitary and well ventilated condition at all times, and shall be open to inspection by the Community Services Officer of the City at all reasonable times. (b) All dogs kept outside shall be provided with access to shelter protecting them from the sun, rain and snow, together with adequate bedding when the temperature falls below fifty (50) degrees Fahrenheit. (c) All dogs and cats confined by chains shall have the chain so attached that they cannot become entangled with the chains of other dogs, cats or any other objects. Such chains shall be attached to the dog or cat by means of a well-fitted collar and shall be of such length as to allow said animal to enjoy a rea~onable amount of freedom and to obtain access to food, water and shelter. (Ord. No. 281, Sec. 16, 6/18/79; Ord. No. 556, Sec. 8, 8/1/94) Section 74. Kennel license required. No person, firm or corporation shall own, harbor, keep or allow the keeping of more than two dogs or more than two cats over the age of six (6) months on his or her premises without first obtaining either a commercial or private kennel license from the City of Chaska. (Ord. No. 281/ Sec. 16/ 6/18/79; Ord. No. 556/ Sec. 8/ 8/1/94) Section 75. Kennel license fee. (a) The license fee for a private kennel shall be fifty dollars ($50.00) per year. (b) The license fee for a commercial kennel shall be one hundred dollars ($100.00) per year. (Ord. No. 556/ Sec. 9/ 8/1/94) Section 76. Kennel license restrictions. (a) An application for a kennel license shall be submitted to the City of Chaska accompanied by the appropriate fee. The applicant must also submit an acknowledgment form signed by each of the surrounding property owners. The form shall state that the applicant has notified the property owners of the application and that they may contact the City with any comments they might have. (b) A kennel license may be issued after an inspection shows that adequate safeguards are present to protect the surrounding neighborhood from nuisances and to insure compliance with this section. A license may not be issued if the kennel does not comply with the applicable State health and maintenance standards promulgated pursuant to Minnesota Statutes, 1992/ Section 347.35. (c) A license may be issued for one or two years and shall expire on December 31. A license may be revoked by the City because of a violation of this section, or any other relevant law, ordinance or regulation. (d) All licensed commercial kennels within the City are subject to inspections as provided in Minnesota Statutes, 1992, Section 347.37. A license violation not corrected within ten (10) days after notice will be grounds for revocation of the license. (Ord. No. 556/ Sec. 10/ 8/1/94) In other cases, the kennel license shall be renewed only upon City Council approval. (Ord. No. 281/ Sec. 16/ 6/18/79) Sections 77 through 80. Reserved.