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4.3. PCSR 06-23-2020 ��i City of Elk ' Request for Action River To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings June 23, 2020 Chris Leeseber , Senior Planner Item Description Reviewed by Gary Schwartz— 12457 194th Ln. NW Zack Carlton,Planning Manager Conditional Use Permit for private kennel; Reviewed by Case No. CU 20-13 Action Requested Recommend,by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The private kennel shall be limited to eight (8) animal units. Additional animal units will require an amendment to the : J Conditional Use Permit. 2. No more than six (6) animal units shall be allowed outdoors at " = CR 33 once. D 3. The removal of animal waste shall comply with Section 10-9. All on-site waste shall be picked up and properly disposed of _ twice a week. RR 4. No more than two (2) animals per supervisor shall be allowed f outside of the fenced area. 'H;q io- 5. All dog waste shall be cleaned up immediately when dogs are _ CR 12 off-site. �- - 6. The applicant shall receive a private kennel license from the city. 7. No dogs designated as dangerous or potentially dangerous are �P allowed to be kept on site, and the keeping of such dog shall be �k 1 grounds for revocation of the permit. "0'169 Background/Discussion The property is zoned R1-c Single Family Residential where private Figure t kennels require a Conditional Use Permit (CUP). Ordinance includes the following definitions related to kennels: Kennel,private,means any premise where more than six (6) domestic animal units over the age of six months,are harbored or kept. Animal unit, domestic is a unit of measure for domestic animals. Domestic animals under 20 pounds, at full maturity, count as one (1) animal unit and domestic animals 20 pounds and over, at full maturity, count as two (2) animal units. The Elk River Vision A n elcoming community n ith revolutionary and spirited resourcefulness, exceptional P D w E A E D D Y service, and community engagement that encourages and inspires prosperity /` UR The applicant is seeking a CUP to allow S Animal Units on the subject parcel. They have four dogs: two Rottweilers and two Micro Bullies. Each dog counts as two animal units. The dogs are all kept in the home and are supervised in the yard. The backyard has an invisible fence system in place for containment. In the past, one dog did cross the fence due to a dead battery in his collar. During the staff site plan review meeting,it was suggested a physical fence being installed due to the breed of dogs. Public Notice Staff received a phone call from a resident asking what a private kennel meant and if there was an ordinance about barking dogs. Staff clarified the term kennel does not necessarily mean a structure is being requested or built and boarding or breeding is not allowed. Staff also shared information from Section 10-5 Nuisance Animals. Applicable Regulations 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: 7. mill 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 orgeneral welfare of the neighborhood or the city. Without conditions,the use might 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 can have up to six animal units without needing to obtain a permit. The applicant is asking for two additional animal units to be located on the subject parcel. As all property owners in the city are allowed six animal units (inside or outside),the applicant/subject property should also be allowed the same amount as others in the city. To protect the general welfare of nearby residents, staff recommends a condition stating no more than six animal units shall be allowed outdoors at one time. For this reason, staff is not recommending a physical fence as it would not be required for other residents with six animal units. Additionally, no dogs designated as dangerous or potentially dangerous shall be allowed on site. 2. iVill be consistent with the Comprehensive Plan. The request is consistent with the Comprehensive Plan,which guides the property for residential uses. Staff does not see a need to impose specific conditions to satisfy this standard. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. As the surrounding area is already developed,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. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, mater and server 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 adequately served by these facilities 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. Barking dogs, animal waste, and running at-large animals 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 noise and fumes. To address these concerns, staff proposes the following conditions: feces be cleaned from the property twice weekly;no more than six animal units shall be allowed outdoors at one time; and no more than two (2) animals per supervisor shall be allowed outside of the fenced area. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. As no alterations to site are proposed,it 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. mill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. 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 July 26, 2020. Council Meeting If acted on,this item will go to the July 20, 2020, City Council meeting. Attachments ■ Location Map ■ Applicant's Narrative ■ Site Diagram ■ Section 10-5 Nuisance Animals PROJECT NARRATIVE We now have four dogs living in our home, two Rottweilers, and two Micro Bullies. We are submitting a Private Kennel Application, and the conditional use permit is part of this process as required. These dogs are all family dogs for our private use. They are all kept in the home, as well as allowed supervised use of the yard. We have the invisible fence system in place for containment, and we have a designated area where the dogs relieve themselves. Barking is virtually nonexistent with the exception of people near the property and/or deer, and then we mitigate this as soon as we hear it with commands. We have had our Rottweilers for almost six years with no issues. The exception would be the neighbors to our right. There was an incident where our male crossed the line due to a dead battery in his collar. My wife was in the yard with him, he just wanted the skate board the kids were playing with as he is a huge fan of these boards. No one was injured, not even the board, and my wife quickly brought Loki back to the yard and placed a new battery in his collar. Since the incident we have had the Elk River police come out and meet our Rottweilers and we have had a call from them as well, both of these contacts were initiated by the neighbor, with positive outcomes. We have not had any issues with other neighbors. We added a Micro Bully, Louis about five months ago. Our Rottweilers do not want to play with him so we searched out a playmate Chanel, who is now 10 weeks. We were not aware of the city requirement on the number of dogs a family could have, and we did not know we needed a conditional use permit. My Laura did remember that when we lived in another city years ago we needed a kennel permit when we had four dogs, so she inquired and found out we needed one. We were working with Chris on what we needed to do to get the Kennel application completed, and then the COVID-19 epidemic occurred. We were on hold and did not think we would get the puppy, but last minute they were able to get her to us, and we are now resuming the process. We appreciate any time and consideration taken to assist us through this process. Sec. 10-5. - Nuisance animals. (a) It shall be the obligation and responsibility of the owner of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner to prevent his/her animal from committing an act of nuisance shall be subject to the penalty herein provided. (1) Noisy animals . It shall be unlawful for any person to keep or harbor an animal which habitually barks or cries. Habitual noise shall be defined as barking or crying for repeated intervals of at least five minutes with less than one minute of interruption. Such barking or crying must also be audible off of the owner's premises. Repeated barking or crying due to intentional provocation by an unrelated individual residing off the property of the owner is not considered habitual for purposes of this subsection, nor is barking or crying related to a periodic external stimulus such as a nondomestic animal, machinery or unusual activity within the vicinity of the premises. (2) Excrement . The owner of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces. Feces on the property of others or on public property must be cleaned up immediately. Feces on your own property is required to be cleaned up. (3) Running at large . Any domestic or agricultural animal shall not be permitted by the owner to run at large within the city. For purposes of this section the term "at large" means any animal not restrained by chain or leash not exceeding eight feet, except: a. Police dogs; b. Animals restrained in a vehicle, fenced-in area, or building; c. Animals on the premises of the owner and under the control and direction of the owner so as to be effectively restrained by command as by leash. d. Animals accompanied by the owner and under the control and direction of the owner so as to be effectively restrained by command as by leash. e. Off-leash dog park. (4) Destruction of property . It is a nuisance for an animal to molest, defile, or destroy any property, public or private. (5) Vicious animals . It is a nuisance for an animal to bite, attack, or endanger the safety of humans or domestic animals. (6) Diseased or dangerous animal . a. Any animal displaying symptoms of being rabid may be seized and shall be confined by the animal shelter at the expense of the owner, until found to be free from rabies. b. If any animal appears to be diseased, vicious, dangerous, or rabid, or has been exposed to rabies, and such animal can't be taken up and impounded without serious risk, such animal may be disposed of if reasonably necessary for the safety of any person. (7) Non-domesticated animal nuisances . The city does not manage wildlife. Wildlife removal is handled by the Minnesota Department of Natural Resources or a private pest removal company. (b) Disposition of seized animal . Any animal seized under the provisions of section 10-5 shall be taken to the animal control shelter and kept there to be reclaimed by the owner. The owner shall pay all fees related to impounding. An animal shelter shall maintain records in accordance with Minn. Stats. § 346.47, subd. 2. (c) Violations . No animal shall be permitted to be a nuisance. Any owner who keeps, harbors, or is in physical control of an animal that is a nuisance shall be in violation of this article. (Ord. No. 19-25, § 1, 12-2-2019)