7.6. SR 10-17-2016Request for Action
To Item Number
Mayor and City Council 7.6
Agenda Section Meeting Date Prepared by
Public Hearings October 17, 2016 BrieAnna Simon, Planner
Item Description Reviewed by
Conditional Use Permit for Dakotah Doggy
Zack Carlton, Planning Manager
Daycare, John Madsen – 503 Jackson Ave NW
Reviewed by
Cal Portner, City Administrator
Action Requested
Open the public hearing, receive comment, close the public hearing, and table the item to the November
7, 2016, regular meeting.
The ordinance does not clearly permit the requested use and cannot be approved until an ordinance
amendment permitting the use has been adopted. The applicant has applied for an amendment, which
will be presented to the City Council on November 7, 2016.
Background/Discussion
Case No. CU 16-24
John Madson is seeking to establish a doggy daycare and hotel (kennel) at 503 Jackson Ave NW.
The property is located ¼ mile north of US Hwy 10 at the intersection of Jackson Ave and 5th Street.
Nearby businesses include the Sherburne County Highway Department to the south, a construction
facility to the north, and a heavy manufacturing facility to the west. Residential properties are located east
and across Jackson Ave.
The business will occupy the entire two-story building, which will include dog daycare and overnight
boarding services. Daycare/kennel operations will begin at 6:30 a.m. and pick-up time ends at 6:00 p.m.
on weekdays. Daycare/kennel services will also operate from 9:00 a.m. to 4:00 p.m. on weekends.
Zoning
The application was first reviewed as a daycare per the zoning examples provided by the applicant. There
appeared to be a precedent that other cities had set in calling the operation a daycare, which is listed as a
conditional use in the Central Commercial (C-1) zoning district. The Planning Commission showed
support for this facility at the proposed location and unanimously recommended approval.
Following the meeting, additional concerns were raised with classifying a dog daycare the same as a
“licensed daycare facility” as described in the city code. Staff reviewed the examples provided by the
applicant, and contacted a number of cities throughout the area to determine how similar businesses were
approved under their city code. Staff found that many cities classified similar businesses as a commercial
kennel, which was already permitted under their city code, and other cities amended the ordinance after
receiving a request for these facilities. One city approved this type of facility as a “daycare” via the
conditional use permit (CUP) process.
With this information, staff spoke with the applicant and noted that the best avenue for approval would
be to amend the ordinance and clearly identify dog daycare facilities as a permitted use in the C-1 zoning
district. The applicant applied for the amendment, and staff will bring the ordinance amendment to the
City Council on November 7, 2016, following the Planning Commission meeting on October 25, 2016.
Comprehensive Plan
The subject property is guided by the Mississippi Connections which seeks to reinvent the area as a
destination for a variety of uses and activities. The redevelopment framework was adopted by the City
Council in November, 2012. The proposed use is consistent with the Comprehensive Plan.
Site Plan
As detailed in the site plan, there will be a two phased approach to the building. The first phase includes
outdoor recreation areas and a staff lounge on the second floor. As the business grows and overnight
boarding increases, additional kennels will be provided on the second floor to accommodate overnight
boarding. A staff residence will also be included to provide 24 care opportunities for all dogs kept
overnight. Residential uses associated with a principal use are allowed as a conditional use in the Central
Commercial (C-1) zoning district.
Setback
The proposed accessory structure located in the outdoor storage area must meet the setbacks outlined in
the Central Commercial district for accessory structures. As indicated in the proposed site plan, all
setbacks will be met.
Building and Architecture
Floor plans have been included with the application. The proposed exterior of building is staying the
same with the addition of a door to the rear of the building, accessing the proposed outdoor play area.
An outdoor play area is proposed in the rear of the building and will house a small storage shed. The
outdoor play area and storage shed will be completely enclosed by a six foot opaque fence.
The site plan shows a refuse collection area. All refuse collection containers shall be stored within a
closed enclosure facility at all times, large enough to accommodate the collection of all materials. The
identified collection area will help guarantee all refuse containers and materials shall be out of sight, at all
times, from neighboring properties and street.
Landscaping
A preliminary plan provided to staff, illustrates additional shrubbery along the building, in the play area
and on the fence. The existing property provides no landscaping, as the property is completely covered in
asphalt. The proposed plan provides additional greenery to soften the appearance of asphalt. The
proposed landscaping is adequate for the space and no additional landscaping, than what has been
provided in the landscape plan, is being recommended.
Parking and Access
Based on the ordinance for office space, a total of 15 parking stalls would be required. The preliminary
site plan proposes 16 surface parking stalls. This plan eliminates nine of the existing stalls for the outdoor
play area. The proposed plan provides an adequate number of onsite parking stalls. Staff recommends
updating the site plan to show a designated pick-up and drop-off parking area near the lobby entrance as
this will be the main point of access. Staff also recommends employee parking be designated.
Applicable Regulation
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the
public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
The impacts of the proposed operation were reviewed by staff and the Planning Commission. It does
not appear the proposed dog daycare and hotel use will detrimentally affect surrounding parcels.
2. Will be consistent with the comprehensive plan.
It is consistent with the comprehensive plan, which encourages redevelopment in this area.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
It will not, as the surrounding areas are developed and also used for commercial purposes.
4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police
and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular,
create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The property is located inside the urban service area and will utilize city services. The proposed use is
not expected to adversely affect public safety or city services. Traffic impacts are not expected to
create excess congestion or wear.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to
any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations.
The proposed use will not be detrimental to surrounding areas.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Since landscaping will be added and exceed exiting, the proposed use will not result in the
destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the
issuance of a license or permit to establish and operate the proposed use in the city.
The use and CUP will comply fully with all requirements of the Code.
If denial of such a permit should occur, it shall accompany determinations by findings or a report stating
how the proposed use does not comply with the standards set forth in Section 30-654.
In the review of the standards for a CUP as outlined, it appears that the request is consistent with all of
these standards.
Planning Commission Meeting Summary
The Planning Commission questioned if there was any concern with having a residential use on the
second floor of the building. Staff noted the ordinance permits residential dwellings subordinate to the
principle use in this zoning district. Therefore, staff has no concern with the residential use for the
purpose of an overnight animal care taker for this business.
Two tenants questioned what the timing will be for this business; in order to know when to relocated or
if they will be evicted. The applicant stated he is planning on operating out of the first floor of the
building and working with second floor tenants to explore their options.
The Planning Commission unanimously recommended approval of the request for dog daycare and
overnight boarding facility located in a Central Commercial (C-1) zoning district at 503 Jackson Ave with
the following conditions:
1. The authorized Conditional Use Permit shall be recorded, and the use shall not begin prior to
recording.
2. Prior to recording, the city’s Building Official and Fire Marshal shall inspect the building for
compliance with all state and local building codes.
3. The Conditional Use Permit is not a building permit and the applicant must apply for and receive
approval of required building and sign permits before construction may begin.
4. All refuse collection containers shall be stored within an enclosure facility large enough to
accommodate the collection of all materials. Refuse containers and materials must be out of sight
from neighboring properties and street.
5. Update site plan to show designated pick-up/drop-off and employee parking areas.
6. Landscaping shall be installed as shown in the submitted site plan by July 1, 2017.
7. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary condition.
8. Indoor facilities shall be adequately ventilated and have ample light, cooling and heating.
9. Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration.
10. Waste shall be picked up immediately and disposed of in a sealed container.
11. Animals are allowed outside only under direct supervision.
12. No more than four (4) animals per supervisor shall be allowed outside the fenced area and will be
leashed at all times.
13. Outdoor play shall not be used before 7:00 a.m. or after 9:00 p.m.
14. Access to the outdoor play area will be through a door installed in the rear of the building.
15. The outdoor play area will be screened by a six foot opaque fence. Vinyl, or other, slats in chain
link fencing shall not be used.
16. Noise shall be mitigated so as to not create a public nuisance for adjoining properties. If a dog
continuously barks, it will be brought inside.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99 the required 60-day review period ends on October 28, 2016.
Attachments
Location Map
Applicant’s Narrative
Preliminary Site Plan
City Ordinance Review
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Description of Project Narrative
Dakotah's Doggy Daycare and Hotel
The Dakotah Group, Inc.
John Madsen
August 15, 2016
I am proposing to begin a business located at 503 Jackson Avenue in Elk River. The name of the
business will be Dakotah's Doggy Daycare and Hotel. The business will occupy the entire building.
The business will initially provide two services, dog daycare and overnight boarding. Grooming and
training may be added at a later date, depending on consumer demand. Preliminary conceptual
drawings are included with this narrative. Please keep in mind that these drawings were developed
prior to taking possession of the building, so they may be modified during the remodeling process as
load-bearing walls, wiring and plumbing, HVAC, etc. are identified throughout the building.
The daycare will operate very much like a children's daycare. Parents will drop their dogs off in the
morning, and pick them up after work. Drop offs and pick ups will be done through the door on the
south side of the building. There are eight parking spots on this side of the building for this purpose.
During the day, the dogs will enjoy supervised play time, as well as training opportunities. The
majority of the activity will take place indoors, but the dogs will be given structured play times
(weather permitting) to enjoy supervised outdoor play as well. The photos below are similar to the
facility we have in mind.
Like a children's daycare, the dogs will be supervised at all times. Dogs will be segregated by size
and/or temperament. Large dogs have different play styles than small dogs, older dogs have different
energy levels than younger dogs, and some dogs are more social than others. This is done both for
their safety and so they can fully enjoy their socialization.
The indoor play area will be located on the first floor of the building. There will be a double-gate
system in place, to ensure that dogs cannot slip through a door and get outside. Parents will be greeted
by an employee in the lobby, where the dog will be handed off and taken through the first inner gate.
They will then be taken through another gate into the appropriate play area.
The outdoor play area will be located behind the building (the red area in this photo).
Dogs and staff will enter the outdoor play area through a door to be installed on the west (back) side of
the building. This area will be surrounded by a six foot solid fence, similar to this example.
No dogs will be allowed outside without an employee taking them out, staying outside with them at all
times, and taking them all in when their outdoor playtime is over. If a dog is barking incessantly, that
dog will be taken back inside. With supervised play, barking is rarely a problem, as dogs usually bark
out of boredom, and the supervised play experience keeps them stimulated during their time outside.
Preliminary drawings of the exterior dog area are included with this narrative.
Dog waste will be picked up immediately, bagged in plastic and sealed, and deposited in a closed
container lined with another plastic bag. These bags will be sealed daily, and then deposited in the
dumpster. This double bagging process will address any odor issues. The same procedure will be used
indoors.
In addition to the daycare, the business will also over overnight dog hotel accommodations. This
allows dog parents to leave their dogs with us when they have to travel, or have other overnight needs.
All dogs that stay overnight with us will enjoy the same daytime play activities as the daycare dogs. In
addition, they will be put up for the night in clean, secure kennels, provided with food, water,
medications if needed, and television!
Yes, DogTV will be playing on TV screens located throughout the overnight accommodations, so the
dogs that don't immediately go to sleep will have entertainment to watch and listen to while in their
kennel.
Kennels will be similar to the ones pictured in this photo. Dogs can be accommodated individually, or
in family groups. These kennels are modular, so they can be assembled and disassembled and moved
as needed.
Some of the kennels will be equipped with lower screens, to avoid “cage fighting”, which is where a
dog shows aggression to another dog through the gate of the kennel. Dogs will be provided with a bed,
linens, and stainless steel food and water dishes. All kennel equipment will be cleaned and sanitized
daily.
The floors throughout the facility will be finished with an epoxy coating, similar to that used in garages.
Epoxy is a very durable surface, which does not absorb any liquid, and is easy to clean. The epoxy will
contain a non-slip additive, which adds texture to the floor. This additive will increase safety and
minimize injury to the dogs and the staff. Please see the example below.
Because our guest's safety is very important, there will be a staff member on site 24x7, in case of an
emergency, illness, or other issue that needs to be immediately addressed.
The hours of operation for the daycare are tentatively set for 6:30 AM for drop offs, to 6 PM for pick
ups. The hours may be changed slightly to accommodate our dog parents needs. Once the pickup time
is over, our overnight guests will be taken outside (weather permitting) individually or in small groups
to do their business one more time, between 8 and 9 PM, then the facility will be secured for the night.
Weekend hours will be 9 AM to 4 PM, unless business needs change.
There will also be an indoor potty area connected to the sewer system, so the dog's needs can be
addressed without having to take them outside. See example below.
The interior of the building will be remodeled in stages, with the lower level remodeled first. This
level will be turned into a large, open area for play areas and kennels. The play area will be divided
with movable half-walls, similar to this one:
Modular kennels will also be installed on this level. The remainder of this level will contain the HVAC
room, bathroom, utility room, dog food storage room, and laundry room. The laundry room will be
equipped with a washer and dryer that are both capable of steam cleaning, so ensure that there are no
contaminants, fleas, etc. in the blankets. The picture below is an example of what we would like the
the laundry room to look like.
The upper level of the building will house the manager's office and quarters for the overnight caretaker.
As the business grows, the remainder of this floor will be used for kennel area, and the play areas
downstairs will be enlarged.
The caretaker’s apartment will be permanently occupied by a single staff member, rather than rotating
various staff members through the overnight shifts. This apartment is to be subordinate to the business,
used as a rest area for the staff member that is responsible for taking care of the dogs overnight. It will
not be occupied at any time by any person that is not an employee of Dakotah’s Doggy Daycare.
Employee parking will be done in the six parking spots in the front of the building, as well as the three
spots in the rear (see attachment “Dakota Model Outdoor.pdf) It is expected that a maximum of 5
employees will be scheduled at any one time.
I intend to replace the existing signage for the building, and add no additional signage. Other than
adding the outdoor play area fence and a door in the west side of the building, I do not intend to do any
structural modifications to the exterior of the building.
I plan on adding a small free-standing garden shed at the rear of the property to house a snow blower.
As this is an existing building that is already connected to utilities, there will be no new utility
requirements.
If you have any questions, please contact me at (605) 393-5220.
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TO: Zachary Carlton, Planning Manager
FROM: John Madsen
SUBJ: Dog Daycare and Boarding Zoning Notes
DATE: August 11, 2016
As we had previously discussed, I inquired with various cities in our area, to determine what their
zoning requirements were for dog daycare and boarding facilities. My results are as follows:
Please note, city staff research notes are embedded within the provided documentation from the
applicant. Staff notes are found italicized and highlighted in grey.
Princeton
Paws Up 4 You – This doggy daycare is located in their downtown area. It is on their main road
through town (Rum River Drive), and shares the block with residential dwellings immediately behind
it. The City of Princeton categorized it the same as they do for children's daycare. They do not allow
overnight boarding in residential areas. Their requirements included:
Animals are allowed outside only under direct supervision.
A maximum number of animals allowed at the facility will be established by the Planning
Commission at the time of interim use permit issuance.
Noise shall be mitigated so as to not create a public nuisance for adjoining properties.
Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary condition.
Waste shall be picked up immediately and disposed of in a sealed container.
Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration.
Indoor facilities shall be adequately ventilated and have ample light and heat.
Adequate screening shall be provided, as determined by the Planning Commission.
Hours of operation shall be reviewed and approved by the Planning Commission.
Located in B-2 Neighborhood Business
City of Princeton’s City Council did an ordinance amendment to allow “Kennels” in the B-2 zoning
district as a conditional use to allow this business.
Maple Grove
Petsmart – They have an indoor daycare/boarding facility. The city of Maple Grove allowed it as
“integral to their retail business.”
Adogo – This facility is in a zone that the city of Maple Grove has designated as “freeway frontage.”
It is up to the Planning Director to determine which businesses can locate in this zone. They do not
require a CUP. Their main concern was noise, and since it was close to the freeway, they didn't feel
that any additional noise would be a concern, since the freeway already generated a lot of noise.
Located in FF Freeway Frontage
This district is intended to implement the city's comprehensive plan, by allowing a mixture of land
uses.
Minnetonka
Adogo – The city of Minnetonka required a CUP for this business. With an approved CUP, they would
allow them in either commercial or industrial zones. They issued the CUP because they felt that this
business was similar to children's daycare facilities.
Located in “PID” District or General Industrial, which calls out:
“storage uses incidental to an office, retail or service commercial use” identified within the city code
as a conditional use.
Kennels are only permitted in residential districts within the City of Minnetonka. Since this property
was located next to residential districts and veterinary office was located there previously, the city
classified this use as a conditional use based on storage uses incidental to an office, retail or service
commercial use.
Plymouth
Camp Bow Wow – The city of Plymouth required a CUP for this business. Requirements included that
it be 500 feet from any residence, that if have an 8 foot solid fence around the outdoor play area, and
that the business acquire a kennel license from the city.
Located in “I-1 General Industrial” District, which calls out:
“Dog day/overnight boarding use” identified within the city code as a conditional use.
St. Michael
Lucky Dog Pet Lodge – The city required a CUP for this business. The main concerns in their CUP
were noise and smells.
Located in “I-1 General Industrial” District, which calls out:
“Daycares” identified within the city code as a permitted use.
“Accessory, enclosed retail, rental, service, processing or manufacturing activity” identified within the
city code as a conditional use.
The City of St. Michael required a CUP based on the above classifications in the city code.
Blaine
Stone Mountain Pet Lodge – This facility is located in an industrial zone. They required a CUP. The
main concerns addressed in the CUP were landscaping to allow proper screening of the property, shade
covers to provide shade when the dogs were outside in the summer, a fenced in area for the dogs, and
proper greenery similar to the landscaping they require for other businesses.
Located in “I-2 Heavy Industrial” District, which calls out:
“Commercial Kennel” identified within the city code as a conditional use.
Roseville
The Woof Room – They allowed this business in a commercial business district. They required a CUP,
which primarily addresses any noise issues.
Located in “Community Business” District, which calls out:
“Animal boarding, kennel/daycare (indoor)” identified within the city code as a permitted.
“Animal boarding, kennel/daycare (outdoor)” identified within the city code as a conditional use.
Bloomington
Lucky Dog Pet Lodge – This business is located in what the City of Blooming classified as a Freeway
Development area.
Located in “FD-2 Freeway Development” District, which calls out:
“Pet Services Facilities” identified within the city code as a conditional use.
I would like to propose the following conditions for the Conditional Use Permit for my dog daycare
and boarding facility at 503 Jackson, Elk River:
The drop-off and pick-up entrance will be the entrance on the south side of the building.
Animals are allowed outside only under direct supervision.
Outdoor play will not be allowed before 7 AM, or after 8 PM.
The outdoor play area will be located behind the building (against the Elk River Machine
Company land.)
Access to the outdoor play area will be through a door installed in the rear of the building.
The outdoor play area will be contained by a six foot solid fence. See example below.
Noise shall be mitigated so as to not create a public nuisance for adjoining properties. If a dog
continuously barks, it will be brought back inside.
Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary condition.
Waste shall be picked up immediately and disposed of in a sealed container.
Adequate storage and refrigeration shall be provided to protect food supplies against
contamination and deterioration.
Indoor facilities shall be adequately ventilated and have ample light, cooling, and heat.