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HomeMy WebLinkAbout2013-02-26 CC Packet Enclosure Oak Park Heights 15 Request for Council Action Meeting Date February 26 2013 Time Required: 10 Minutes Agenda Item Title: Consider Ordinance Amendment — Animal Daycare Limited Overnight Care and Associated ervices -- B -2 & B4 Districts r Agenda Placement New Bus ss• /r' Originating Departmen quest / son. City Administrator Requester's Signature f` Action Requested See B 7 Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached document from Scott Richards, City Planning Consultant. Exhibits can be found in the February 2013 Planning Commission Packet. 1. Planning Report, dated Feb 6 2013 2. Adopted Planning Commission Resolution — Unsigned. 3. Proposed Ordinance Page 87 of 120 TPC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC ttPlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 6, 2013 RE: Oak Park Heights — Animal Daycare, Limited Overnight Care and Associated Services— Accessory Use in the B -2, B-4 Districts and Areas Zoned Commercial Planned Unit Development. TPC FILE: 236.01 —13.02 BACKGROUND The City has received a request for a dog daycare and grooming business, that includes ovemight stays, for an area zoned B -2, General Business District within Oak Park Heights. The daycare and grooming business would be a permitted use in the business districts in that it would be considered a commercial service use. The overnight stays for animals would qualify the business as a kennel, which is not allowable in the business districts. Within the last few years there has been a number of businesses opened within the Twin Cities metro area that offer animal daycare, grooming and overnight services. It is a type of service that is growing and should be addressed in the Zoning Ordinance. City Staff has been discussing how to allow and administer this type of business. It has been suggested that the City amend the Zoning Ordinance to allow animal daycare, limited overnight care and associated services as an Administrative Permit that is approved by the Zoning Administrator (City Administrator). This would be done on a yearly basis by filling out a permit form that is submitted, reviewed and approved by the City Administrator. This is similar to the recent amendment made to the Zoning Ordinance to regulate temporary outside sales. We suggest that all of the services, including the daycare and grooming, be subject to the Administrative Permit. This type of business has impacts, such as potential noise, smells and the disposal of animal wastes that need to be addressed. The permit would allow the City to regulate the business if complaints are received by adjacent businesses or by tenants in the same building. The length of stay for an animal would be limited, and outdoor runs for animals would not be allowed. These factors would Page 88 of 120 differentiate this type of business from a kennel. The current definition of kennel is as follows: Kennel: Any lot, premises, dwelling or dwelling unit In which three (3) or more dogs over the age of six months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit. The definitions section of the Zoning Ordinance should be amended to include a new definition for Animal Care Services. The length of time that an animal could be cared for on an overnight basis should also be limited. It is suggested that a particular animal shall not be allowed overnight stays of more than seven consecutive nights. The two Zoning Districts that could be amended would be the B -2, General Business District and the B-4, Limited Business District. Areas zoned Commercial Planned Unit Development District, which includes the shopping center where Kowalski's is located, would also be included. A public hearing has been scheduled to review the potential Zoning Ordinance amendments at the February 14, 2013 Planning Commission meeting. EXHIBITS Exhibit 1: Zoning Map Exhibit 2: B -2 District Section Exhibit 3: B-4 District Section Exhibit 4: Letter from Paws and Claws Stillwater, LLC, December 12, 2012 PROPOSED DEFINITION Staff would suggest the following definition be added to Section 401,02.8 Definitions of the Zoning Ordinance: 401.02.B. Definitions. Animal Care Services: A business established for animal daycare, grooming and other related services, and limited overnight boarding of animals. PROPOSED B -2 LANGUAGE Staff would suggest the following text change to add item 4. under Section 401.30.0. Accessory Uses within the B -2 District. The new language is underlined. 2 Page 89 of 120 • 401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 3. Temporary outside sales, such as garden centers, garden produce sales, fireworks sales, or holiday decoration/tree sales as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: 4. Animal care services to Include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than seven consecutive nights. b. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. c. Facilities on a site shall not be open between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. No exterior runs for animals shall be constructed. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signinq any required application: if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. 3 Page 90 of 120 h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. PROPOSED B LANGUAGE Staff would suggest the following text change to add item 4. under Section 401.301.D. Accessory Uses within the B-4 District. The new language is underlined. 401.301.D. Accessory Uses. The following are permitted accessory uses in a B-4 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 3. Temporary outside sales, to include only garden centers, fireworks sales, or holiday decoration /tree sales as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: 4. Animal Care Services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subiect to review and approval of the Zoning Administrator and subiect to the following conditions: a. Overnight boarding of an animal shall be limited to no more than seven consecutive nights. b. Ade• uate anal sis an. • rovisions are made to resolv - issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility. police, fire, administrative or other services to the site. c. Facilities on a site shall not be open between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. 4 Page 91 of 120 d. Provisions are made to control and reduce noise in accordance with Section 401.15.8.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Qdor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. No exterior runs for animals shall be constructed. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signing any required application; if such vendor is not directly related to the owner. the owner shall also be subject to additional enforcement actions should the vendor not com with requirements herein or within this Ordinance. h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. CONCLUSION/RECOMMENDATION The Planning Commission, at its February 14, 2013 meeting should open the public hearing and consider the Zoning Ordinance amendments as proposed. The Planning Commission should consider whether any other conditions should be added. 5 Page 92 of 120 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO DEFINE ANIMAL CARE SERVICES AND TO ALLOW ANIMAL CARE SERVICES AS AN ACCESSORY USE WITH A YEARLY ADMINISTRATIVE PERMIT WITHIN THE B -2 GENERAL BUSINESS DISTRICT AND THE B -4 LIMITED BUSINESS DISTRICT WHEREAS, City Staff requested that the Planning Commission consider an Ordinance amendment to define animal care services and to allow animal care services as an accessory use with a yearly administrative permit within the B -2 General Business District and the B -4 Limited Business District, and having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The Planning Commission has reviewed the Zoning Ordinance and determined that an Accessory Use Permit allowance for animal cares services to include daycare, grooming and other related services with limited overnight boarding of animals with a yearly administrative permit is justified in the B -2 General Business District, and the B -4 Limited Business District with conditions; and 2. City Staff prepared draft Zoning Ordinance amendments which were reviewed and revised by the Planning Commission; and 3. The Planning Commission held a public hearing at their February 14, 2013 meeting, took comments from the public and recommended amendments to the Zoning Ordinance as found as follows; and 4. Section 401.02.B. Definitions, is recommended to be amended to include the following: Animal Care Services: A business established for animal daycare, grooming and other related services, and limited overnight boarding of animals. Page 93 of 120 5. Section 401.30.D. Accessory Uses, of the B -2 General Business District of the Oak Park Heights Zoning Ordinance is recommended to read as follows: 40130.D. Accessory Uses. 4. Animal care services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than fourteen consecutive nights. b. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. c. The facility shall not be open to the public between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. 2 Page 94 of 120 j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 6. Section 401.301.D. Accessory Uses, of the B -4 Limited Business District of the Oak Park Heights Zoning Ordinance is recommended to read as follows: 401.301.D Accessory Uses. 4. Animal care services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than fourteen consecutive nights. b. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. c. The facility shall not be open to the public between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. 3 Page 95 of 120 i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning Ordinance is amended to define animal care services and to allow animal care services as an accessory use with a yearly administrative permit within the B -2 General Business District and the B-4 Limited Business District as specified above; and B. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 14 day of February 2013. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 4 Page 96 of 120 - I CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2013- - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO DEFINE ANIMAL CARE SERVICES AND TO ALLOW ANIMAL CARE SERVICES AS AN ACCESSORY USE WITH A YEARLY ADMINISTRATIVE PERMIT WITHIN THE B -2 GENERAL BUSINESS DISTRICT AND THE B-4 LIMITED BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.B. Definitions of the Zoning Ordinance is hereby amended to add the following definition: Animal Care Services: A business established for animal daycare, grooming and other related services, and limited overnight boarding of animals. SECTION 2. Section 401.30.D. Accessory Uses, of the B-2 General Business District of the Oak Park Heights Zoning Ordinance is hereby added to read as follows: 401.30.D. Accessory Uses. 4. Animal care services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than fourteen consecutive nights. b. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. c. The facility shall not be open to the public between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. Page 97 of 120 d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. h, The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. SECTION 3. Section 401.301.D. Accessory Uses, of the B-4 Limited Business District of the Oak Park Heights Zoning Ordinance is hereby amended to read as follows: 401.301.D Accessory Uses. 4. Animal care services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: Page 98 of 120 a. Overnight boarding of an animal shall be limited to no more than fourteen consecutive nights. b. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. c. The facility shall not be open to the public between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. Animals shall be leashed at all times they are outside of the building. g. The owner of the property must additionally approve the placement of the facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Page 99 of 120 SECTION 4. The Planning Commission of the City of Oak Park Heights held a public hearing at their February 14, 2013 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 5. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 26 day of February, 2013 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 100 of 120