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7.2. SR 11-07-2016 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearin s November 7, 2016 BrieAnna Simon, Planner Item Description Reviewed by Ordinance Amendment to Allow Commercial Zack Carlton,Planning Manager Kennels in Central Commercial (C-1) District- Reviewed by John Madsen Cal Portner, City Administrator Action Requested Adopt,by motion, the ordinance amendment as proposed. Background/Discussion Case No. OA 16-17 On August 22, 2016, the city received a Conditional Use Permit (CUP) and Land Use Application for a dog daycare and overnight boarding facility to be located in the Central Commercial (C-1) zoning district at 503 Jackson Avenue. 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 C-1 zoning district. On September 27, 2016, 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 again 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,while other cities amended the ordinance after receiving a request for these facilities. One city approved this type of facility as a "daycare" via the 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 conditional use in the C-1 zoning district. The City Council reviewed the dog daycare and overnight boarding facility on October 17, 2016. After showing support for this facility at the proposed location in the C-1 zoning district, the application was continued until an ordinance amendment permitting the use has been approved. Similar to other cities, staff is classifying this business as a commercial kennel. A commercial kennel is defined as any premises where more than three animals over six months of age are boarded, trained or POWERED 6T AR bred for compensation or are offered for sale, except for animals being raised as agricultural livestock, an animal hospital, a veterinary clinic or a pet shop. Currently, commercial kennels are permitted with a CUP in the following zoning districts: ■ Agricultural Conservation ■ FAST subzones: ■ Pinnacle (B) ■ Hillside Heights (D) ■ Office Village (E) ■ River West Residential (F), ■ Light Industrial (I-1) ■ Single Family Residential (R1-a) Additionally, commercial kennels are permitted with an Interim Use Permit for the following zoning districts: ■ Downtown District (DD) ■ Commercial Reserve Transitional (CRT) Staff Concerns The concerns with locating a commercial kennel in a higher density area include smell, noise, and safety. Requiring a CUP for all commercial kennels in the C-1 district provides staff with the opportunity to address any of these concerns for specific properties and place conditions on the property to help mitigate any negative impacts to surrounding properties. Since parcel sizes in the C-1 district are typically smaller with buildings located closer together than other areas where commercial kennels are permitted,reviewing each application through the CUP process helps to ensure the health, safety, and welfare of nearby residents/property owners and the animals. Staff is proposing to amend the following language: Sec. 30-1022— C-1 central business district. (d) Conditional uses. Conditional uses in the C-1 district are as follows: (19) Commercial Kennel provided the following conditions are met: (a) no long term boarding exceeding 14 days takes place (b) no breeding for compensation or sale takes place (c) the sale of animals shall not take place Planning Commission Meeting Summary Staff recommended the proposed ordinance limit long-term boarding to 14 days based on an average extended vacation period of 10 to 14 days. This would allow boarding while on vacation but limiting the length of stay in a high density area in facilities intended for short-term, daycare-type stays. The Planning Commission questioned the adequacy of a two week-limitation. The applicant noted the 14-day limit will be fine for 99% of business and that he was ok with the limit. Following this discussion, the Planning Commission recommended ad)usting the long-term boarding to not exceed 30 days in the C-1 district. N:APublic Bodies\Agenda Packets\11-07-2016\Final\7.2 sr Kennel in C-10A 16-17.docx An ordinance amendment to allow a new use in a zoning district affects all parcels under the current zoning, and the change should be evaluated based on impacts to all areas,rather than a single applicant. In a commercial district near high traffic roads, the intent of the amendment is to allow daycare/short- term commercial kennel opportunities. The time limit is to ensure the expected uses match the city's intent. The applicant does not have plans to offer long-term boarding but the time limit is meant to ensure future applicants do not come forward with different plans. If a resident needs long-term boarding options, as discussed during the public hearing, those opportunities exist at approved commercial kennels in less developed areas of the city. Financial Impact None Statutory Review Period Per State Statute §15.99 the required 60-day review period ends on December 20, 2016. Attachments ■ Ordinance Document ■ C-1 Zoning Map ■ Narrative ■ Ordinance Research N:APublic Bodies\Agenda Packets\11-07-2016\Final\7.2 sr Kennel in C-10A 16-17.docx �jStfikethfoughs to be removed Underlines to be added City of Elk -�-� River Ordinance 16 - An Ordinance Amending Section, 30-1022, C-I Central Business District of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That§ Section 30-1022 (d), C-1 central business district of the City of Elk River Code of Ordinances shall be amended to read as follows: (d) Conditional uses. Conditional uses in the C-1 district are as follows: (19) Commercial fennel provided the met- cc ) no breeding for compensation or sale takes place (c) the sale of animals shall not takeplace SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 7th day of November, 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk URE Last Updated il7asch 2014 INATI 4 + E0:5 07/7/11'61-P .,-7\o;r,sa4\B�agasaa��\saas�\:� 2� � + + + + 17- + + + + + J \db + + _ +� + )ll A A oo + + + + + + + + + + W + + W � � O N O O ]AV cn U� N � Up o O O� ■ w �o ■ CL or ■ CL � cn U� ■ v) cn � � e Z o� � � W CL z � U� � v ol,�ow Joe NolNol LU = < � � ce> t � LuZ � w � E Q O ~ w 7 ca CL Z or- - CL Description of Project Narrative Dakotah's Doggy Daycare and Hotel The Dakotah Group, Inc. John Madsen October 6, 2016 I am requesting an ordinance amendment to include: "dog daycare facilities with the option of overnight boarding to be permitted in the Central Commercial (C-1) district as a conditional use permit". The reason for this Ordinance Amendment is that there is no current ordinance that addresses dog daycare facilities. The benefit to the city is that I will be able to improve the property at 503 Jackson, and will be able to create several new jobs in the community. 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. Y S 1" 1 �y 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). z 75-134-23:10 1 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. IF 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. r 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: Y ` 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. mom ,.- Wft- - o A A row 's 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. 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 thepr-avided documentation from the applicant. Staff notes arefound 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 ofPrinceton' City Council did an or=dinance amendment to allow "Kennels"in the B-2 zoning distr-ict'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 Jh&distr=ict'is intended io implement the city's comprehensive plan, by,allowing a n ixtur-e 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"histrict or Generallndustrial, which callsout.• "storage uses incidental to an office, retail or service commercial use"identified within the city cede as d conditional use. Kennels are onlyper-mitied'in residential districts within the City oflfinneiohka. 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 of ice, 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 daylovernight 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"idem fied within the city code as apermitted rse. "Accessory, enclosed retail, rental, service,processing or manufacturing activity" identified within the city code as a conditional use. 7' e City of St. Michael required a conditional use permit lased on the above classifications in the City,' cede. 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" ident fied 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)" identifiedwithin the city code d 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 YD-2 Freeway,Development"District, which culls out, "Pet Services Facilities 'identifiedwithin the City cede 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. di, pilem • 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.