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4.2. PCSR 09-24-2019 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. 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. Any residential property in the city is allowed to have up to six animal units without needing to obtain a permit. The applicant is asking over three times the allowed animal units to be located on the subject parcel. Without specified conditions, having an increased amount of animal units could lead to public health issues and excessive odors. The city has received a couple of complaints regarding odor coming from the subject parcel. To address these concerns, staff proposes the following conditions: feces be cleaned from the property twice weekly; limiting the number of animal units to 21; and requiring the cages to comply with the accessory structure setbacks. 2. Will be consistent with the Comprehensive Plan. The property is guided for residential uses that allow private kennels. The use will be consistent with the Comprehensive Plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. As there are no vacant properties in the subject area, the use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 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 use 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. Staff does not see a need to impose specific conditions to satisfy this standard. 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. Animal waste and odors are always a concern with private kennels. The use could involve uses and activities that could be detrimental to any persons or property because of excessive odors. To address these concerns, staff proposes the following conditions: feces be cleaned from the property twice weekly; and the private kennel shall be limited to 21 animal units. N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 19-15 Ziner\\4-Planning Commission\\4.2 sr CU 19-15 PC 9-24-19.docx 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 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. With the proposed conditions, the use 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. Staff does not see a need to impose specific conditions to satisfy this standard. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on October 25, 2019. Council Meeting If acted on, this item will go to the October 21, 2019, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Photos  Section 10-9, Removal of Animal Feces N:\\Departments\\Community Development\\Planning\\Case Files\\CUP\\CU 19-15 Ziner\\4-Planning Commission\\4.2 sr CU 19-15 PC 9-24-19.docx Sec. 10-9. - Removal of animal feces. (a) Any person having the custody or control of any dog or domestic animal shall have the responsibility for cleaning up any feces of the animal and disposing of such feces in a sanitary manner. It shall furthermore be the duty of any person having custody or control of any dog or domestic animal on or about any public place or private property of another to have in such person's possession suitable equipment for the picking up, removal, and sanitary disposal of animal feces. The provisions of this subsection shall not apply to a guide dog accompanying a blind person or to a service dog accompanying a disabled person or to a dog when used in police or rescue activities. Every person convicted of a violation of this subsection shall be punished by a fine of not more than $100.00. (b) The provisions of this section shall not apply to the ownership or use of Seeing Eye dogs by blind persons, dogs used in police activities of the city, such as the canine corps, or tracking dogs used by or with the permission of the city's police department. (Ord. No. 00-15, § 3, 9-11-2000) U_ • L ���r�� �-o pis C� E> d'JnJrJ�J � O 2'�IS (�i r riwo-- I -A-Y.)J?D6 -yo -:>pis �,tr�q �� r • ' il` _ _ J LZ FY � .. .,..{.. lowr. ,A,o �ob lo _ i r �,ro4:27 �ui�00� .}Srj--a jam' -j'0 s _•�� {rte. . ` - - AL it rr r 16 AVOrr { •1, ��� ����N 04. 41 �r �. •• � 'f ' � -3; .. 1, �y� } �,. - . o T4 y7• p -ell Ir ID 5 - _. 7L M--.- �.. Rte_ _- f i_Iq,1 �.� � •• sit NO ge r. Vie.._ .,. =' • �; : ' f:, � - � f 4t�, F •� .. r 1 ~mow f Ir 14',TC6� to -)?Is \-WO 15 r AS Z 11l.a O n -vril .�0� � 1 Qv I,v ajL� aanC�{- �o 'ypiS `n-n0F lw • . K . 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