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HomeMy WebLinkAbout9.a. Request by Brent and Angela Bosaaen for approval of a Conditional Use Permit to Operate a Commercial Kennel in the AG-Agriculture Zoning District EXECUTIVE SUMMARY City Council Regular Meeting: February 18, 2020 AGENDA ITEM: Request by Brent and Angela Bosaaen for approval of a Conditional Use Permit to Operate a Commercial Kennel in the AG-Agriculture Zoning District AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.a. ATTACHMENTS: Resolution; Excerpt from the January, 28, 2020 Planning Commission Meeting Minutes; Site Location; Site Plan; Site Photos; Applicants’ Narrative; Inspection Report APPROVED BY: ELF RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a Conditional Use Permit to operate a Commercial Kennel in the AG-Agriculture Zoning District, subject to conditions. SUMMARY The City Council is being asked to consider a request submitted by Brent and Angela Bosaaen for a conditional use permit to operate a commercial kennel at their property located at 4979 160th Street East. Commercial kennels are a conditional use in the AG-Agriculture zoning district, and a request for a conditional use permit should be approved so long as all the conditions for the proposed use as identified in the City Code are met. In this case, all of the conditions are met except the minimum site area of twenty acres. Also, on the Council’s meeting agenda is a text amendment to modify the conditions of approval for commercial kennels in the AG-Agriculture zoning district, which was recommended for approval by the Planning Commission. The standards used to evaluate the proposal are based upon the proposed ordinance criteria. Should the Council believe other standards are warranted in the draft ordinance, the determination should be made if this project can meet those standards or if additional information would be needed and the item continued. Based on the proposed ordinance criteria, staff and the Planning Commission are recommending approval of the request. Applicants and Property Owners: Brent and Angela Bosaaen Property Location: 4979 160th Street East Size of Property: 5 Acres Comprehensive Plan Designation: AG-Agriculture Zoning: AG-Agricultural Current Neighboring Land Use: Agriculture Planned Neighboring Land Use: Agriculture PLANNING COMMISSION ACTION The Planning Commission held a public hearing on January 28, 2020, to review the request and receive public comment. The Commission inquired about the enforcement process should there be issues related to the operation of the kennel and how the City would know if the applicant’s license with the state lapsed. The Commission also received a public comment from a neighbor who expressed concerns about noise 2 generated by the dogs at the site. The applicant did speak to the neighbor after the meeting. Staff informed the Commission that issues related to noise are generally handled based on complaints. If the City receives a lot of complaints about noise on the property, they would need to work with the applicants to resolve the issue, be it through limiting how many dogs can be outside at the same time. Additionally, staff advised the applicant to maintain a relationship with the neighbors who would be most likely to hear any excessive noise from the property. That way issues can be resolved prior to making a complaint to the City. The applicant spoke about the licensing process and stated that the City would be notified if their license became invalid. The Planning Commission voted unanimously to recommend approval of the request. BACKGROUND The applicants purchased the property in 2017. At that time, the City Council approved a Conditional Use Permit to allow the applicants to operate a commercial event center on their property by converting the existing barn into a wedding venue. The improvements needed to accommodate that use within the existing historic barn structure are cost prohibitive, and the applicants are requesting a new conditional use permit for a commercial kennel. Staff does not support two CUP’s for the property and is recommending with approval voiding the existing approved wedding venue permit. The applicants approached staff regarding the zoning requirements for a dog breeding operation, which falls within the definition of a commercial kennel according to the City Code, as required when applying for a commercial breeder license from the Minnesota Board of Animal Health. Because the zoning ordinance requires a minimum site area of 20 acres, they would be unable to legally operate a commercial kennel and therefore be unable to be licensed. Staff initially recommended submitting information in support of amending the zoning ordinance to bring it closer into alignment with other cities and allow a commercial kennel on their property. At the recommendation of the Board of Animal Health, the applicant submitted a request for a variance from the conditional use permit provisions outlined in the zoning ordinance. Following the submittal of a variance request, staff spoke with the City Attorney regarding a path to approval for the applicant’s request. The variance process is inappropriate for an exemption from standards related to a conditional use, therefore staff advised the applicant to withdraw their application. While a determination may be made that a request for a conditional use permit may meet the spirit and intent of the ordinance without meeting the minimum site area requirement, staff felt uncomfortable recommending approval of a request that didn’t meet the conditions of approval. Therefore, staff requested time to conduct a review of other communities’ ordinances and develop an amendment to the zoning ordinance. Staff determined that an amendment to the text of the zoning ordinance was warranted, and that the applicant should apply for a conditional use permit based on the amended conditions. DISCUSSION Staff anticipates that the main impacts a commercial kennel would have on neighboring uses, particularly residential uses, are related to noise and perhaps additional traffic for kennel operations that include a boarding or “doggie daycare” component. The proposed kennel will be solely a breeding operation that is expected to generate minimal traffic. As the Code is currently written, other than requiring a minimum site area of twenty acres, the only standard that would mitigate the impact of noise is a seventy-five (75) foot setback from residential property lines. Depending on how an adjacent residential site is laid out, there may be as little as 105’ separating a kennel structure from an adjacent residential structure given the setback standards for principal structures in the AG zoning district. The proposed conditions for approval contained within the proposed text amendment also on the agenda include a minimum 500’ setback from adjacent residential structures and a reduction in the minimum site area to five acres, which will allow 3 farmsteads such as the subject property to operate a commercial kennel so long as they meet the 500’ setback requirement. Five acres is still above the minimum required by many communities, and some communities have no minimum site area for commercial kennels at all. The site meets all the proposed conditions of approval, and staff is recommending approval of the request to operate commercial kennel, subject to the approval of the zoning ordinance text amendment. A narrative, site plans, as well as an inspection report from the Minnesota Board of Animal Health dated November 1, 2019 are included with the attachments. Staff researched the codes of nearby municipalities, and a summary of those communities’ requirements are included in the attachments. Additionally, staff visited the site and spoke with the inspector from the State of Minnesota Board of Animal Health to better understand commercial breeding operations such as the one proposed. CONDITIONAL USE PERMIT Review and Analysis Commercial kennels are designated as conditional uses in the AG-Agricultural zoning district. Conditional Uses are uses that can be permitted provided the impacts of the use (such as health, safety, and public welfare concerns) are addressed, mitigated or conditioned. For the Council to recommend approval of a conditional use, eight (8) general findings must be made: Will not be detrimental or endanger the public health, safety, or general welfare of the neighborhood or the city. Staff finds that the proposed conditional use will not be detrimental or endanger the public health, safety, or general welfare of the neighborhood or city. The operation has been inspected by a veterinarian with the Minnesota Board of Animal Health, and the applicant has a veterinarian protocol established with a local veterinarian, as required by the Board of Animal Health, to ensure the health of the animals. Will be harmonious with the objectives of the comprehensive plan and the City Code provisions. Staff finds that the proposed conditional use is harmonious with the objectives of the Comprehensive Plan. The site is located in an area that is designated for AG-Agricultural uses in the current 2030 Comprehensive Plan, as well as the 2040 Comprehensive Plan Update. Staff finds that the proposed conditional use harmonious with the proposed provisions for commercial kennels identified in the City Code. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. The site is a former farmstead with many existing agriculture buildings. No additional structures are proposed. Therefore, staff finds that the conditional use will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. No new public facilities or services are required in support of the proposed use. 4 Will not involve uses, activities, processes, material equipment, and conditions of operation that will be hazardous or detrimental to and persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff visited the site and observed no excessive noise or odors on the site. Staff also finds that the proposed use would not generate excessive traffic. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Staff finds that the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. These standards apply in addition to specific conditions as may be applied throughout this code. Commercial Kennels – Conditions of Approval If the proposed zoning ordinance text amendment is approved, in addition to the eight general findings, the following conditions must be met in order to approve the use of the property as a commercial kennel. The site shall not be less than five (5) acres in size. The site is five acres in size, and staff finds that this condition is met. 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. The site itself is surrounded by agricultural properties. The structure in which the adult dogs are housed is located at least 75’ from all property boundaries, none of which are residential property lines. The nearest adjacent residential structure from any structure on the site is 619’ away. Structures to house dogs are set back even farther from an adjacent residential structure. Subject to the regulations regarding the care and keeping of animals within the City contained in Section 7-4. of the Code. Staff visited the site and found it to be clean with little or no signs of animal waste. The animals appeared healthy and in good spirits. Additionally, as the applicant has been working with the Board of Animal Health, an inspection report is attached, that confirms the applicants are meeting the requirements of the City Code as it relates to the care and keeping of animals. All commercial kennels shall be licensed by the State of Minnesota Board of Animal Health. The applicants are in the process of becoming licensed, and this approval is the final step in that process. Staff has spoken with staff at the Board of Animal Health who indicated that the applicants meet all the requirements for licensure and expressed support for approval of their request. The maximum number of animals shall not exceed the space provided in accordance with the requirements of the State of Minnesota Board of Animal He alth. The Board of Animal Health has defined minimum enclosure areas that are based on the size of the animals housed within. The Board inspects licensed kennels and breeders annually for compliance with those requirements. The space provided by the applicants for the number of dogs meets the requirements of the Board. 5 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 finds that the housing facilities are compliance with the provisions of Title 7, Chapter 4 of the City Code, which are also generally consistent with the requirements of the Minnesota Board of Animal Health. SITE PLAN REVIEW No new structures are proposed with this request. The existing barn is the location of kennels to house the adult dogs on site while the principal structure has a defined area within it for the mothers to whelp their puppies. Land Use and Zoning The site is guided for Agriculture uses in the 2030 Comprehensive Plan, as well as the 2040 Plan Update. The site is located within the AG-Agricultural zoning district. Commercial Kennels are a conditional use within that district. Acc ess and Parking The zoning ordinance does not identify specific parking requirements for the proposed use. There is currently off street parking to accommodate seven vehicles in addition to the garage that is attached to the principal structure. Staff believes that for the amount of traffic that can be expected for the proposed use, the existing parking that is provided on the site is sufficient. Lighting No additional lighting is proposed for this site. Signage No additional signage is proposed at the site, but if the applicant does decide to erect a sign on the property they must receive the required sign permit and comply with all provisions of the City Code as it relates to signs. RECOMMENDATION Staff and the Planning Commission find that the request meets the conditions for approval, subject to amendment of the text of the zoning ordinance, and is therefore recommending approval of a conditional use permit to operate a commercial kennel at 4979 160th Street East. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2020- 26 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A COMMERCIAL KENNEL WHEREAS, the City of Rosemount received an application for a Conditional Use Permit (CUP) from Brent and Angela Bosaaen; and WHEREAS, on January 18, 2020, the Planning Commission of the City of Rosemount held a public hearing to review the CUP application from Brent and Angela Bosaaen for a Commercial Kennel; and WHEREAS, the Planning Commission adopted a motion recommending that the City Council approve the CUP for Brent and Angela Bosaaen; and WHEREAS, on February 18, 2020, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the CUP application for a Commercial Kennel. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the CUP for a Commercial Kennel, subject to the following conditions: 1.The applicant’s conditional use permit for a commercial event center shall no longer be valid. 2.The applicant shall submit the required information listed in section 7-4B-2: Registration Provisions for Commercial Kennels to the Police Department 3.The applicant obtains and keeps current with the State of MN Animal Board of Health license. 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 ADOPTED this 18th day of February, 2020, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk Excerpt from the January 28, 2020, Planning Commission Meeting Minutes 5.c. Request by Brent and Angela Bosaaen for approval of a Conditional Use Permit to Operate a Commercial Kennel in the AG-Agriculture Zoning District. (20-06-CUP) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Kenninger inquired if the applicant is currently operating. Nemcek stated that there is dog breeding happening on the property without the permit from the City of Rosemount and license from the State of Minnesota. Reed inquired who would check up on the applicant during the duration of the Conditional Use Permit. Nemcek stated that if complaints or residents call then we would check in on the complaints. The State of Minnesota license does get renewed and inspected each year. The public hearing opened at 7:18 pm. Public Comments: Michelle Fischer, 4836 160th Street East, stated that she is concerned about the applicant having several adult dogs and the noise that would happen from that. Angela Bosaaen, 4979 160th Street East, stated that in order to apply for the State license they needed to have so many adult dogs and litters prior to applying for a license. That is why they have been breeding before obtaining the license. MOTION by Reed to close the public hearing. Second by Schmisek. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:22 pm. Additional Comments: None. MOTION by Reed to recommend that the City Council approve the request for a Conditional Use Permit to operate a Commercial Kennel in the AG-Agriculture Zoning District, subject to the following conditions: 1. The applicant’s conditional use permit for a commercial event center shall no longer be valid. 2. The applicant shall submit the required information listed in section 7-4B-2: Registration Provisions for Commercial Kennels to the Police Department. 3. The applicant obtains and keep current with the State of Minnesota Animal Board of Health license. 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. Second by Schmisek. Ayes: 5. Nays: 0. Motion Passes. Angela Bosaaen (MN601581) FY21 CDCB :: Inspection Commercial Dog or Cat Breeder Inspection Report Inspection date 01 November, 2019 Inspector Susan L McClanahan Status Passed Next task due Comment I have visited this premises three times for inspection and to assist the Bosaaens in obtaining a state required Commercial Dog and Cat Breeder license. Two of my visits were unannounced and the Bosaaens have always been very cooperative. They work closely with two veterinary clinics and their facilities are well maintained, clean, bright and the dogs/puppies receive a great amount of care and attention. The Bossaens have an addition on their home for whelping dogs/puppies and another immaculate facility (restored barn) with ample lighting, temperature control, and high quality care, food, water. The dogs are well socialized and are allowed ample freedom of expression. The Bosaaens have met all the state requirements to obtain a Commercial Dog and Cat Breeder License except for the required Conditional Use Permit (CUP). Close activity? Facility Veterinarian Bradley J Prestemon Animal Inventory: Dogs 19 Puppies 10 Cats 0 Kittens 0 Facilities: Page 1 of 4 (1) Lighting Pass Fail (2) Ventilation Pass Fail (3) Sanitation Pass Fail (4) Confinement and exercise area surfaces Pass Fail (5) Drainage Pass Fail Standards of Care: (6) Food Pass Fail (7) Water Pass Fail (8) Shelter size Pass Fail (9) Dogs kept outdoors or in an unheated enclosure Pass Fail Not applicable (10) Cats Pass Fail Not applicable (11) Temperature Pass Fail (12) Exercise Pass Fail (13) Animals exercised in groups Pass Fail (14) Group housing and breeding Pass Fail Page 2 of 4 (15) Females in estrus Pass Fail (16) Minimum age at time of sale Pass Fail (17) Enrichment and positive physical contact Pass Fail (18) Training or handling Pass Fail (19) Health care Pass Fail (20) Adequate staff Pass Fail (21) Transportation and shipment Pass Fail Identification: (22) Identification Pass Fail Records: (23) Records Pass Fail Veterinary Protocol: (24) Veterinary protocol Pass Fail (25) Veterinary health certificates Pass Fail Page 3 of 4 (26) Brucellosis tests Pass Fail Not applicable Page 4 of 4