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7.2 SR 07-19-2021it ci Elk* River Request for Action To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearings July 19, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Operate a Dog Daycare Zack Carlton, Planning Manager and Boarding Facility at 555 Railroad Drive, Reviewed by John Madsen, The Dakotah Group, Inc. Cal Portner, City Administrator Action Requested Approve, by motion, the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: — - 1. The Conditional Use Permit shall not be recorded until the city building official and fire marshal have inspected, and approved, the building for compliance with all state and local building -- codes and all applicable conditions of approval have been , cRaa completed. 2. Dogs shall be leashed/kenneled when being transferred from vehicles to the building and vice versa. z' 3. All refuse collection containers shall be stored within an RR enclosure facility large enough to accommodate the collection of all materials. Refuse containers and materials must be out of Hwy io a " sight from neighboring tenants, properties, and street. _ , * cR 12 4. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary condition. ` 5. Indoor facilities shall be adequately ventilated and have required light, cooling, and heating. 6. Adequate storage and refrigeration shall be provided to protect y� food supplies against contamination and deterioration. 7. Waste shall be picked up immediately and disposed of in a sealed container. = . --- 8. Animals are allowed outside only under direct supervision. Figure I 9. No more than four (4) animals per supervisor shall be allowed outside the fenced area and will be leashed at all times. 10. Outdoor play shall only occur between 8:00 a.m. and 8:00 p.m. 11. The outdoor play area shall be defined by a six -foot -tall opaque fence. Vinyl, or other, slats in chain link fencing shall not be used. 12. Noise shall be mitigated as to not create a public nuisance for adjoining tenants and properties. If a dog, or dogs, continuously barks (over 5 minutes), they shall be immediately brought inside. 13. A commercial kennel license from the City of Elk River must be obtained. 14. Staff must approve a detailed site plan identifying the fenced area and parking accommodations. The Elk River Vision P O E R E o [NTRjAwelco ming community avith revolutionary and spirited resourcefulness, exceptional AU service, and community engagement that encourages and inspires prosperity. Updated. August 2020 Background/Discussion CU 21-12 The property is zoned C1 (Central Business District) where Commercial Kennels require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a doggy daycare and/or boarding facility. The property is an existing building on a fully paved parcel with no green space. They are not proposing any interior or exterior modifications to the building, parking lot, or signage. The site can be accessed from 3rd Street and Railroad Drive and there are approximately 70 parking stalls for the entire property, seven of which are provided on the west side of the structure, where the business will be located. The site plan shows this west side of the structure to be utilized for the dogs to exercise and to relieve themselves. Staff recommends an outdoor exercise area be defined by a six -foot -tall opaque fence. The property is currently used for dog training, and they would like to also use it for overflow from their current daycare and boarding business located at 503 Jackson Avenue. When being used for daycare/boarding, this facility will not be accessible to the public. Owners will drop their dogs off at 503 Jackson Avenue and employees will transfer dogs between facilities. Owners will also pick up their dogs at 503 Jackson Avenue. There will be at least one employee for every 15 dogs on the property during the day, and one employee on -site in the overnight hours. They estimate 20-30 dogs may occupy the building. Planning Commission The Planning Commission inquired what businesses were located next to the subject parcel. It was noted there was a preschool, which will be changing locations soon. During the public hearing, no one spoke for or against the request and staff has not received any comments since the commission meeting. The Commission unanimously recommended approval. Since the meeting, the applicant provided a sketch showing where parking (green) and the fenced in area (red) would be located. He also noted, he is only tenant in the west side of the building. Financial Impact None Mission/Policy/Goal ■ Ethical, efficient, and responsible ■ Help, not hinder citizen quality of life Attachments Planning Commission Memo dated June 22, 2021 Applicants Parking and Fencing Sketch Kennel Inspection Report Request for Action City nf - River To Item Number Planning Commission 5.2 Agenda Section Meeting Date I Prepared by Public Hearings June 22, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Dakotah's Doggie Daycare — 555 Railroad Dr., Zack Carlton, Planning Manager Suite J - Conditional Use Permit to operate a Reviewed by dog grooming and boarding/daycare facility (Commercial Kennel), Case No. CU 21-12 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 Conditional Use Permit shall not be recorded until the city building official and fire marshal have inspected, and approved, the building for compliance with all state and local building " cR 33 codes and all applicable conditions of approval have been completed. 2. Dogs shall be leashed/kenneled when being transferred from vehicles to the building and vice versa. RR 3. All refuse collection containers shall be stored within an enclosure facility large enough to accommodate the collection Hwy 10 of all materials. Refuse containers and materials must be out of -� cR 12 sight from neighboring tenants, properties, and street. 4. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary condition. 5. Indoor facilities shall be adequately ventilated and have required light, cooling, and heating. tiwy 6. Adequate storage and refrigeration shall be provided to protect `°'% food supplies against contamination and deterioration. 7. Waste shall be picked up immediately and disposed of in a Figure I - sealed container. 8. Animals are allowed outside only under direct supervision. 9. No more than four (4) animals per supervisor shall be allowed outside the fenced area and will be leashed at all times. 10. Outdoor play shall only occur between 8:00 a.m. and 8:00 p.m. 11. The outdoor play area shall be defined by a six -foot -tall opaque fence. Vinyl, or other, slats in chain link fencing shall not be used. 12. Noise shall be mitigated as to not create a public nuisance for adjoining tenants and properties. If a dog, or dogs, continuously barks (over 5 minutes), they shall be immediately brought inside. The Elk River Vision P 0 w E R E 0 0 r A nvIcoming community n4lh revolutionary and .0i7zted resourcefulness, exceptional [NATURE] sefvice, and community engagement that encourages and in.0ires pro.oen.ty. Updated: August 2020 13. A commercial kennel license from the City of Elk River must be obtained. Background/Discussion The property is zoned C1 (Central Business District) where Commercial Kennels require a Conditional Use Permit (CUP). The applicant is seeking a CUP to operate a doggy daycare and/or boarding facility. The property is an existing building on a fully paved parcel with no green space. They are not proposing any interior or exterior modifications to the building, parking lot, or signage. The site can be accessed from 3rd Street and Railroad Drive and there are approximately 70 parking stalls for the entire property, seven of which are provided on the west side of the structure, where the business will be located. The site plan shows this west side of the structure to be utilized for the dogs to exercise and to relieve themselves. Staff recommends an outdoor exercise area shall be defined by a six -foot -tall opaque fence. The property is currently used for dog training, and they would like to also use it for overflow from their current daycare and boarding business located at 503 Jackson Avenue. When being used for daycare/boarding, this facility will not be accessible to the public. Owners will drop their dogs off at 503 Jackson Avenue and employees will transfer dogs between facilities. Owners will also pick up their dogs at 503 Jackson Avenue. There will be at least one employee for every 15 dogs on the property during the day, and one employee on -site in the overnight hours. They estimate 20-30 dogs may occupy the building. 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: 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 n are of the neighborhood or the city. Due to barking dogs and waste, the use could detrimentally affect the use and enjoyment of other properties in the immediate vicinity or the comfort and general welfare of the neighborhood or the city. Staff is recommending these conditions: ■ Dogs shall be leashed/kenneled when being transferred from vehicles to the building and vice versa. ■ Waste shall be picked up immediately and disposed of in a sealed container. ■ Animals are allowed outside only under direct supervision. ■ No more than four (4) animals per supervisor shall be allowed outside the fenced area and will be leashed at all times. ■ Outdoor play shall only occur between 8:00 a.m. and 8:00 p.m. ■ The outdoor play area shall be defined by a six -foot -tall opaque fence. Vinyl, or other, slats in chain link fencing shall not be used. ■ Noise shall be mitigated as to not create a public nuisance for adjoining tenants and properties. If a dog, or dogs, continuously barks (over 5 minutes), they shall be immediately brought inside. 2. mill be consistent nith the comprehensive plan. The property has a land use designation of Mississippi Connections which supports the proposed use. The use will be consistent with the Comprehensive Plan. 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 vacantproperty. 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 mill not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse di posal, water and seaver ystems, parks and schools; and avill 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. mill 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 commercial kennels. The use could involve uses and activities that could be detrimental to any persons or property because of excessive noise and fumes. Conditions to address these concerns are outlined in standard #1. 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 compywitb 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 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 Mission/Policy/Goal ■ Ethical, efficient, and responsible ■ Help, not hinder citizen quality of life Attachments ■ Location Map ■ Applicant's Narrative ■ Site Plan 75 _4105-2005 L Aw NNW '.ii d S tr eO t N ortllw'_';t UL� - 75 -4) 5 1210 7 2 w LPP OPF Wit Zj 1p D-akotah Doggie Daycare colichtioll"ll Use, pern-n't Case No: CU 21-12 E River Project Narrative This application is for a conditional use permit to use the space at 555 Railroad Drive, Elk River MN as a doggy daycare and/or boarding facility during high volume periods. The property is currently used for dog training. We would like to also use it for overflow daycare and boarding business over holidays (Memorial Day, Independence Day, Labor Day, and Christmas/New Years.) During these times, we do not do any training in the building, but our current facility runs out of daycare and boarding space. We would like to use our existing training space for overflow business during these holidays. There will be no interior or exterior modifications to the building, parking lot, or signage. There will be at least one employee for every 15 dogs on the property during the day, and one employee on -site in the overnight hours. This facility will not be accessible to the public when it is being used for daycare/boarding. Owners will drop their dogs off at our current facility at 503 Jackson Ave NW to and employees will transfer dogs to and from this facility. Owners will also pick up their dogs at our 503 Jackson Ave NW location. Parking won't be impacted because we will only have a small staff (1-3 people) at the 555 Railroad Drive location when it's being used for daycare/boarding. I estimate that no more than 20-30 dogs would ever occupy this building when used for daycare/boarding. John Madsen 7`V I � w A i s t 1 •k . s ■ i Elk River KENNEL INSPECTION REPORT Name of kennel owner: The Dakotah Group Inc Address: 555 Railroad Dr NW Type of inspection: NNew Renewal Kennel Type: Private FX—] Commercial Inspector remarks: S: Satisfactory DBA Dakotahs Doggy Daycare Phone: 763-777-9590 Best time for inspection: TBD Kennel capacity: Dogs: Cats: U: Unsatisfactory S U Building construction, maintenance � ❑ Heating/cooling 1 Shelter 1 Bedding 1 Lighting 1 Ventilation 1 Food storage 1 Waste disposal 1 Enclosure (size, floor) N The business is using essentially the same kinds of equipment and supplies as at their other location. J. Prehatney, 667 7-12-21 Inspector: Date: Dakotah Doggie Daycare Hotel & Salon 7 - .' low :s1 li tr e t NortFtYv &t ,a 1 r -5-405- 210 9 5 4e*lt0 � 97t .a 7=999-0002 IND .,.�� ,%F Case No- CU 21-12 Elk � iti t l Use Permit. River Background ■ C1 (Central Business District) ■ Commercial Kennel require a CUP ■ Operate a doggy daycare and/or boarding facility ■ In a portion of the existing structure • No interior or exterior modifications ■ Site is fully paved with no green space a • W. Background ■ Use it for overflow ■ Located at 503 Jackson Avenue ■ At least one employee for every 15 dogs during the day ■ One employee on -site in the overnight hours ■ Estimate 20-30 dogs may occupy the building City of Elk River' Access, Parking, Fencing ■ Accessed from 3rd Street and Railroad Drive ■ — 70 parking stalls for the entire property, ■ Seven provided on the west side of the structure ■ The site plan shows this west side of the structure to be utilized for the dogs to exercise a • W. 1 of 21 " Select Date Eagleview 555 RAILROAD DR NW .ra • +sue Planning Commission ■ Inquired what businesses were located next to it (preschool) ■ No one spoke for or against the request ■ Staff has not received any comments since the commission meeting ■ PC unanimously recommended approval Action Requested ■ Approve, by motion, the CUP with the 14 conditions outlined in the memo a • W.