HomeMy WebLinkAbout5.b. TA Kennel
EXECUTIVE SUMMARY
Planning Commission Meeting: January 28, 2020
Tentative City Council Meeting: February 18, 2020
AGENDA ITEM: 20-08-TA Text Amendment to Zoning
Ordinance Modifying the Conditions for
Commercial Kennels in the AG and RR
districts, adding Commercial Kennels as
a Conditional Use in the GI and BP
Districts, and Modifying the Definition of
Commercial Kennels.
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.b.
ATTACHMENTS: Sample Ordinances APPROVED BY: KL
RECOMMENDED ACTION:
Motion to recommend the City Council approve the Text Amendment to the Zoning
Ordinance Modifying the Conditions for Commercial Kennels in the Rural Residential and
Agriculture Zoning Districts, Adding Commercial Kennels as a Conditional Use in the
General Industrial and Business Park Zoning District, and Adding Commercial Kennels to
the Definitions.
SUMMARY
Staff was recently approached about the zoning requirements for a commercial kennel, specifically a
breeding operation, at a site in the AG-Agriculture zoning district. Currently a commercial kennel is a
conditional use in the AG-Agriculture and RR-Rural Residential zoning districts with three ordinance
conditions of approval. The conditions are:
• the site is a minimum of 20 acres
• all structures shall be located a minimum of seventy-five feet from all residential property lines, and
• the use is subject to the regulations regarding the care and keeping of animals within the City
contained in Title 7, Chapter 4 of the City Code.
Staff has reviewed other communities’ ordinances as they relate to both the definition of commercial
kennels and the conditions for approval of a conditional use permit for commercial kennels. Staff is
recommending five conditions of approval as well as adding a definition of commercial kennels to the
zoning ordinance. Currently, commercial kennels are only defined in Title 7, Chapter 4, which is part of
the police regulations. Lastly, staff is recommending adding commercial kennels to the GI-General
Industrial and BP-Business Park zoning districts as conditional uses with the same conditions of approval
as the AG and RR zoning districts.
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BACKGROUND
Legal Authority. Text amendments are considered legislative actions. In such cases, the City has a lot of
discretion in its deliberations and application outcome.
TEXT AMENDMENT
Staff reviewed the definition of commercial kennels as well as the conditions placed on facilities in the
Codes of other communities around the Twin Cities Metropolitan area. Following the review of those
communities’ ordinances, staff has found that Rosemount’s zoning code is more restrictive while at the
same time not as effective at ensuring that the impacts on adjacent residential uses by a commercial kennel
are mitigated. One example is that including a structural setback from adjacent residential structures, the
impact of noise from the kennel on neighboring residential properties can be reduced. Additionally,
changing the minimum site area from 20 acres to 5 acres will allow a kennel to be operated on some of the
farmsteads that have been split off from the adjacent tillable acreage. Staff found that several cities allow
kennels within their business park and industrial zoning districts. In those cases, the kennels are
commonly being operated as “doggie daycares” although do allow for overnight boarding and many have
outdoor play areas.
Below is the staff recommended text amendment that adds the definition of commercial kennels to the
Zoning Ordinance, modifies the conditions of approval for commercial kennels within the AG-Agriculture
and RR-Rural Residential zoning districts, and adds commercial kennels as a conditional use in the BP-
Business Park and GI-General Industrial zoning districts. Note that dog grooming is not included in
commercial kennel definition because there are dog groomers who do not board and should not be
regulated similarly.
11-1-4: Definitions
COMMERCIAL KENNEL: Any place where five (5) or more dogs, cats, or ferrets over six (6) months
of age are commercially kept, boarded, trained or offered for sale except when located in a pet shop or
veterinary clinic/hospital. A kennel may include secured outdoor runs and/or play areas.
11-4-1: AG AGRICULTURAL DISTRICT:
D. Conditional Uses: The following uses are conditional uses in the AG district, and are subject to the
conditional use permit provisions outlined in this title:
AM radio antennas and supporting towers and related accessory structures. This use may be permitted
only on properties situated in that part of the city north and east of State Trunk Highway 55.
Cement or concrete production provided the site has an approved mineral extraction permit in
compliance with section 11-10-4, "Small Scale Mineral Extraction", of this title.
Commercial outdoor recreation.
Commercial event centers, subject to:
1. The parcel must be a minimum of five (5) acres in size.
2. The maximum number of guests is 200. A larger number of guests may be approved by the
City based on the size of site, structures, parking availability, and other relevant factors.
3. Outdoor seating areas, where liquor is available shall be located in a controlled or cordoned area
acceptable to the city with at least one opening.
4. The hours of operation shall be no later than 10:00 p.m. on Sunday through Thursday and 12:00
a.m. on Friday and Saturday.
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5. Off street parking shall be provided to accommodate one stall per two guests. Class 5 gravel
surfacing shall be allowed as long as the property is without access to public sanitary sewer to
the site. When public sanitary sewer service becomes available to the property, the property
owner shall surface the parking lot with a blacktop or concrete surface within one year. No
vehicle parking is permitted within or along any public right- of-way.
6. Parking lot setbacks for gravel or surface lots shall be consistent with the AG Zoning District.
7. Parking lot shall be screened from neighboring parcels.
8. Lighting shall be provided as necessary for security, safety, and traffic circulation. The level of
lighting shall not exceed 0.5 lumen at any residential property line or 1.0 lumen at any
nonresidential property line.
9. A traffic circulation and safety plan, including but not limited to access and signage, shall be
reviewed and approved by the City Fire Marshall and Police Chief.
10. Compliance with all applicable regulations including state health code, state building codes, and
local liquor licensing requirements.
11. The serving of food and beverages is permitted only in conjunction with an event.
12. Overnight accommodations for guests, including campers, tents, or other recreation vehicles,
are prohibited.
13. Sanitary facilities adequate for the number of attendees shall be provided as determined by the
City. Portable toilets may be approved for temporary use and must be screened from view
from roads and neighboring properties by landscaping or a wooden enclosure. No portable
toilets shall be located closer than 400 feet from a neighboring residential structure.
14. Sound amplification systems cannot be used outdoors after 8:00 p.m.
15. Noise from an event shall not be plainly audible at a distance of fifty feet (50') or more from the
property line.
16. Trash enclosures must be provided and meet the standards for the C4-General Commercial
zoning district.
Commercial Kennels, provided:
1. The site shall not be less than twenty (20) five (5) acres in size.
2. All structures shall be located a minimum of seventy-five feet (75') from all residential property
lines. All structures used to house animals, including outdoor dog runs, shall be located a
minimum of five hundred (500) feet from adjacent residential structures and seventy-five (75)
feet from residential property lines.
3. All commercial kennels shall be licensed by the State of Minnesota Board of Animal Health.
4. The maximum number of animals shall not exceed the space provided in accordance with the
requirements of the State of Minnesota Board of Animal Health.
5. Subject to the regulations regarding the care and keeping of animals within the city contained in
title 7, chapter 4 of this code.
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Farm wineries, with or without associated event spaces, microbreweries, microdistilleries, winery
associated retail and restaurants without drive-through facilities, subject to the following:
1. The site and building(s) shall be designed to limit the effects of this use on adjacent properties
and public rights of way. No loading docks or overhead vehicle doors shall be on a side abutting
any public rights of way or any residential use or district.
2. The principal building shall be the primary source for screening of the loading area or any
required outdoor equipment.
3. All drives, loading and parking areas for the farm winery and associated uses shall be paved with
a concrete or bituminous surface including concrete curbing.
4. Pedestrian circulation between the parking area and the farm winery and associated uses shall be
provided through sidewalks at least five feet (5') in width and paved with concrete, bituminous,
pavers or similar hardscape.
5. Outdoor seating is subject to the performance standards outlined for outdoor seating in section
3-1-14 of this code and subsection 11-4-14D of this chapter.
Golf courses, including accessory and related uses.
Public parks owned and operated by a governmental unit, including recreational facilities and structures
consistent with the public area.
Transmission facilities greater than one-fourth (1/4) mile in length. (Ord. B-220, 4-17-2012; and Ord.
B-223, 5-15-2012; Ord. B-243, 5-20-2015)
11-4-3: RR RURAL RESIDENTIAL DISTRICT
D. Conditional Uses:
Churches and places of worship regardless of religious affiliation subject to the following restrictions:
1. The property is designated "TR Transitional Residential" within the City's adopted Comprehensive
Plan.
2. The property must have direct access onto an arterial street or access to a local street within five
hundred feet (500') of the local street's intersection with an arterial street.
3. No ancillary uses, including, but not limited to, daycare, Montessori schools, and nurseries
occurring separately from the religious service, are allowed at the church or place of worship.
4. Site and building standards for a church or place of worship shall be greater than the surrounding
residences to mitigate the greater scale and intensity of this use. Site and building standards in
subsections 11-4-14G1 and G3 through G7 of this chapter shall apply.
5. Landscaping standards for a church or place of worship shall be greater than the surrounding
residences to mitigate the greater scale and intensity of this use and may require extensive
boundary and foundation plantings to buffer the surrounding residences. The minimum
landscaping requirement for churches and places of worship shall be the standards of the C-4
General Commercial Zoning District.
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6. The maximum lot coverage for churches and places of worship shall be thirty percent (30%).
Commercial greenhouses and landscape nurseries.
Commercial Kennels, provided:
1. The site shall not be less than twenty (20) five (5) acres in size.
2. All structures shall be located a minimum of seventy-five feet (75') from all residential property
lines. All structures used to house animals, including outdoor dog runs, shall be located a
minimum of five hundred (500) feet from adjacent residential structures and seventy-five (75)
feet from residential property lines.
3. All commercial kennels shall be licensed by the State of Minnesota Board of Animal Health.
4. The maximum number of animals shall not exceed the space provided in accordance with the
requirements of the State of Minnesota Board of Animal Health.
5. Subject to the regulations regarding the care and keeping of animals within the city contained in
title 7, chapter 4 of this code.
Golf courses, including accessory and related uses.
Public parks, owned and operated by a governmental unit, including recreational structures and
facilities.
Small wireless facilities within right-of-way, subject to the regulations contained in title 4, chapter 2 of
this Code.
Transmission facilities greater than one-fourth (1/4 ) mile in length. (Ord. B-220, 4-17-2012; amd. Ord.
B-265, 11-21-2017)
11-4-15: BP BUSINESS PARK DISTRICT
D. Conditional Uses: The following uses are conditional uses in the BP Business Park District and are
subject to the conditional use permit provisions outlined in this title:
Arenas, convention centers, and stadiums.
Business, trade and vocational schools.
Churches and places of worship. Churches and places of worship must have direct access to or be
within three hundred feet (300') of a collector, minor arterial, or principal arterial road.
Commercial bakeries.
Commercial Kennels, provided:
1. The site shall not be less than five (5) acres in size.
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2. All structures used to house animals, including outdoor dog runs, shall be located a minimum of
five hundred (500) feet from adjacent residential structures and seventy-five (75) feet from
residential property lines.
3. All commercial kennels shall be licensed by the State of Minnesota Board of Animal Health.
4. The maximum number of animals shall not exceed the space provided in accordance with the
requirements of the State of Minnesota Board of Animal Health.
5. Subject to the regulations regarding the care and keeping of animals within the city contained in
title 7, chapter 4 of this code.
Daycare centers, nursery and Montessori schools.
Drive-through facilities for banks, subject to the requirements of the C-3 District in subsection 11-4-
13D of this chapter.
Health and athletic club facilities.
Hotels and motels, with or without associated restaurants located within, attached or adjacent to the
hotel or motel.
Self-service storage facility, subject to the requirements of the C-3 District in subsection 11-4-13D of
this chapter.
Other uses similar to those in this district as determined by the Board of Appeals and Adjustments,
subject to issuance of a conditional use permit. (Ord. B-168, 4-4-2006; amd. Ord. B-231, 3-4-2014; Ord.
B-243, 5-20-2015)
11-4-16: GI GENERAL INDUSTRIAL DISTRICT:
D. Conditional Uses: The following uses are conditional uses in the GI General Industrial District and
are subject to the conditional use permit provisions outlined in this title:
Commercial Kennels, provided:
6. The site shall not be less than five (5) acres in size.
7. All structures used to house animals, including outdoor dog runs, shall be located a minimum of
five hundred (500) feet from adjacent residential structures and seventy-five (75) feet from
residential property lines.
8. All commercial kennels shall be licensed by the State of Minnesota Board of Animal Health.
9. The maximum number of animals shall not exceed the space provided in accordance with the
requirements of the State of Minnesota Board of Animal Health.
10. Subject to the regulations regarding the care and keeping of animals within the city contained in
title 7, chapter 4 of this code.
Recycling operations, subject to the requirements of section 11-10-5 of this title.
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Self-service storage facilities, subject to the requirements of the C-3 District in subsection 11-4-13D of
this chapter except as follows:
1. All storage shall be maintained in the storage space and there shall be no outdoor storage of any
products, equipment or other material within the storage facility site; except that outdoor storage
for licensed, operable recreation vehicles shall be permitted provided the amount is not more than
ninety percent (90%) of the area occupied by buildings.
Trailer, construction or agricultural machinery sales or rental, subject to the requirements of the C-3
District in subsection 11-4-13D of this chapter.
Truck stops, provided that:
1. Location: Truck stops shall be located east of Blaine Avenue (County Road 71) and within one-
fourth (1/4 ) mile or one thousand three hundred twenty feet (1,320') of a principal arterial roadway.
2. Installation Standards: Truck stops shall be installed in accordance with State and City standards.
Additionally, adequate space shall be provided to access gas pumps and allow maneuverability
around the pumps. Underground fuel storage tanks are to be positioned to allow adequate access by
motor fuel transports and unloading operations which do not conflict with circulation, access and
other activities on the site. Fuel pumps shall be installed on pump islands.
3. Sanitary Dump: A sanitary dump shall be required at all truck stops. The sanitary dump must
comply with all requirements of the Minnesota Pollution Control Agency (MPCA).
4. Canopy: A protective canopy structure may be located over the pump island(s) as a permitted
accessory structure. The canopy shall meet the following performance standards:
a. The edge of the canopy shall be seventy feet (70') or more from the front and/or side lot
line, provided that adequate visibility both on site and off site is maintained.
b. The canopy shall not exceed eighteen feet (18') in height and must provide fourteen feet
(14') of clearance to accommodate a semitrailer truck from passing underneath.
c. The canopy fascia shall not exceed three feet (3') in vertical height.
d. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of
the light source or fixture may extend below the bottom face of the canopy. Total canopy
illumination may not exceed one hundred fifteen (115) foot-candles below the canopy at
ground level. The fascia of the canopy shall not be illuminated.
e. The architectural design, colors, and character of the canopy shall be consistent with the
principal building on the site.
f. Signage may be allowed on a detached canopy in lieu of wall signage on the principal
structure, provided that:
i. The individual canopy sign does not exceed more than twenty percent (20%) of the
canopy facade facing a public right-of-way.
ii. The canopy fascia shall not be illuminated, except for permitted canopy signage.
g. Canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps.
5. Pump Islands: Pump islands must be elevated six inches (6") above the traveled surface of the site.
Pump islands must be set at least seventy feet (70') back from any property line. Setback between
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pump island curb face shall be sufficient for the servicing and maneuvering of semitrucks with
trailers.
6. Dust Control And Drainage: The entire site other than taken up by a building, structure, or
plantings shall be surfaced with asphalt, concrete, cobblestone or paving brick. Plans for surfacing
and drainage shall be subject to approval of the city engineer. Drainage from all fueling areas shall
be directed to an oil/grit separator. Minimum design standards for the oil/grit separator shall
include the following:
a. A minimum of four hundred (400) cubic feet of permanent pool storage capacity per acre of
drainage area.
b. A minimum pool depth of four feet (4').
c. A minimum oil containment capacity of eight hundred (800) gallons.
d. Minimum maintenance/inspection of two (2) times per year and/or after measurable spill
events. A measurable spill shall be defined by the Minnesota pollution control agency
(MPCA). A measurable spill must be reported to the MPCA.
7. Access And Circulation: Vehicular access points shall create a minimum of conflict with through
traffic movement. The site design must accommodate adequate turning radius and vertical clearance
for a semitrailer truck. A site plan must be provided to illustrate adequate turning radius, using
appropriate engineering templates.
8. Parking:
a. Parking for motor fuel service shall be in addition to that required for other uses on the
site.
b. Parking spaces shall be determined on an individual basis by the city council. Factors to
be considered in such determination shall include (without limitation) size of building,
type of use, number of employees, expected volume and turnover of customer traffic
and expected frequency and number of delivery or service vehicles.
c. Parking stalls for trucks and trailers shall be a minimum of twelve feet (12') wide and
seventy feet (70') long, exclusive of drive aisles.
9. Pedestrian Traffic:
a. An internal site pedestrian circulation system shall be defined and appropriate provisions
made to protect such areas from encroachments by parked cars or moving vehicles.
10. Noise: Public address system shall not be audible at any property line. Play of music or
advertisement from the public address system is prohibited.
11. Outside Storage, Sales And Service: No outside storage or sales shall be allowed, except as follows:
a. Public phones may be located on site as long as they do not interrupt on site traffic
circulation, and may not be located in a yard abutting residentially zoned property.
b. Propane sales limited to twenty (20) pound capacity tanks may be located outside as long as
the propane tanks are secured in a locker and meet all state uniform building and fire codes.
c. A compressed air service area may be located on site as long as it does not interrupt on site
traffic circulation.
12. Signs: A comprehensive sign plan must be submitted as part of a conditional use permit application.
All signing and informational or visual communication devices shall be minimized and shall be in
compliance with chapter 8 of this title.
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Wholesale landscape and horticultural services, subject to:
1. A principal structure must be built on the site.
2. Landscape and horticultural services are subject to the requirements of subsection C of this
section for outdoor display/storage or sales.
Wholesale lumber and construction materials businesses, subject to:
1. A principal structure must be built on site.
2. Lumber and construction material businesses are subject to the requirements of subsection C
of this section for outdoor display/storage or sales.
Other uses similar to those in this district as determined by the board of appeals and adjustments,
subject to issuance of a conditional use permit. (Ord. B-174, 10-17-2006; amd. Ord. B-248, 7-21-2015)
CONCLUSION & RECOMMENDATION
This is the first time the ordinance is before the Planning Commission. Staff is asking for discussion from
the Commission. If Commissioners are comfortable with the proposed ordinance language, staff is
recommending approval of the Amendment. If not, the Commissioners should provide staff direction and
modifications to the draft ordinance would be made.
Inver Grove Heights
Definitions:
COMMERCIAL DAYCARE KENNEL: Any place where dogs are kept for the primary purpose of commercial
pet sitting or "doggie daycare", provided all of the following are met:
A. No kennels are allowed in a Residential Zoning District.
B. Limited to a maximum of twenty (20) dogs on site at any one time.
C. No outdoor runs or kennels allowed.
D. The requirement and location of any outside fenced area, if any, shall be determined by the
Council.
E. Dogs shall be on a leash not greater than sixteen feet (16') and handled by an employee or in
an approved outside fenced exercise or kennel area at all times when outside the building
during the animal's stay.
F. Unless otherwise authorized by the City Council, an employee shall remain on site at all times
animals are on the premises including overnight.
G. Dog kennels shall allow for outdoor runs or exercised by an employee.
H. Designated bathroom area shall be cleaned daily.
COMMERCIAL KENNEL: Kennel means a place where four (4) or more dogs over the age of six (6) months
are kept for the primary purpose of commercial breeding, keeping, harboring, or selling of dogs. A
commercial kennel does not include veterinary hospitals, clinics, or other premises operated by a
licensed veterinarian exclusively for the care and treatment of animals.
Use-specific Conditions: Cannot be located within 500’ of another residential dwelling
Lakeville
Definition: KENNEL: A place where more than three (3) dogs over six (6) months of age are kept, or a
place at which the business of selling, boarding, breeding, showing or treating dogs is conducted when
there are more than three (3) dogs being sold, boarded or shown.
Use-specific Conditions: Property shall be set back 500’ from and residential district.
Hastings
No person, or combination of persons, shall keep or harbor more than 3 cats or dogs or combination
thereof in excess of the age of 3 months on any parcel within the City of Hastings without first obtaining
an annual kennel license from the City Clerk in accordance with this code. Provided, however, that this
section shall not in any way limit or apply to small animal clinics holding a special use permit as provided
for in Ordinance No. 23, Second Series. Violation of this section shall be deemed to be a misdemeanor,
and in addition may be enforced by civil proceedings for a restraining order in a court of competent
jurisdiction.
Use-specific conditions: None
Apple Valley
Definition: KENNEL . Any premise where three or more dogs, at any one time, over three months of
age, are present as owners’ pets, pets accepted for boarding, breeding, training or sale, except when
located in a pet shop or veterinary clinic.
Use-specific Conditions: Structures must be 500’ from any residential dwelling other than the owner’s
Empire Township
Definition: Kennel – An area or facility, required by Interim Use Permit, where more than three (3) dogs
over the age of six (6) months are kept.
Use-specific conditions: 10-acre minimum lot area.
Burnsville
Definition: KENNEL, COMMERCIAL: Any place where five (5) or more dogs, cats, or ferrets over four (6)
months of age, or more than ten (10) cats over four (4) months of age, or more than ten (10) ferrets
over four (4) months of age, or any combination thereof, not including offspring under seven (7) months
of age, are commercially kept, boarded, trained or offered for sale except when located in a pet shop or
veterinary clinic/hospital. A kennel may include secured outdoor runs and/or play areas.
Use-specific conditions: no site area requirements, conditional use
Hugo
Definition: Kennel, commercial, means a kennel where dogs are bred and/or sold for re-sale,
individually or in litter lots, whether or not any of these animals are also kept for personal use, and
where the business may be a primary source of income. Commercial kennels are also places
where dogs are boarded, groomed or trained for a fee.
Use-specific conditions: Minimum lot size of 5 acres. 100-foot structural setback from property line.
Only permitted in AG.
Stillwater
Definition: Kennel means any place where four or more dogs over six months of age are kept, owned,
boarded, bred or offered for sale. It is unlawful to operate a kennel in any residentially zoned
district. Kennels are permitted in any commercially zoned district but require a special use permit.
Use-specific conditions: Structures/outdoor areas must be at least 500 feet from property line of
residentially-zoned parcel
Rogers
Definition: Commercial kennel means a place where more than three dogs or three cats over six months
of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming
dogs or cats or both is conducted.
Use-specific conditions: 10 acre minimum and 100 foot property line setback.
Otsego
Definition: KENNEL: Any lot, premises, dwelling or dwelling unit in which three (3) or more dogs over the
age of six (6) 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.
Use-specific conditions: 1 acre minimum, feedlot regulations should be considered and deemed satisfied