HomeMy WebLinkAbout9.b.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
E X E C U T I V E S U M M A R Y
City Council Regular Meeting: February 18, 2020
AGENDA ITEM: 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: New
Business
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 9.b.
ATTACHMENTS: Ordinance; Excerpt from the January 28,
2020, Planning Commission Meeting
Minutes; Sample Ordinances
APPROVED BY: ELF
RECOMMENDED ACTION: Motion to 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. The ordinance amendments are more consistent with what staff found
in other communities when regulating commercial kennels.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing at its meeting on January 28, 2020, to review this item and
receive public comment. Staff asked the Commission for feedback on the proposed amendment. The
Commission had questions regarding the proposed condition requiring a 500’ setback from residential
structures and whether that would mean a home could not be built within 500’ of a kennel structure. Staff
clarified that the setback requirement would need to be met on a new kennel, and that if a home was built
within 500’ it would be with the knowledge that a kennel use was located nearby. Further, if the conditional
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use permit for a kennel lapsed or was revoked, it would no longer meet the conditions of approval if a home
was constructed within the required setback. The Planning Commission voted unanimously to recommend
approval of the text amendment.
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.
Staff and the Planning Commission are also recommending that the following language be updated in the
RR and AG zoning districts and also added to the conditional uses for the BP and GI zoning districts:
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.
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5. Subject to the regulations regarding the care and keeping of animals within the city contained in
title 7, chapter 4 of this code.
CONCLUSION & RECOMMENDATION
Staff and the Planning Commission are recommending approval of the text amendment to the Zoning
Ordinance.
City of Rosemount
Ordinance No. B-XXX
AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING
ORDINANCE B RELATING TO DEFINTIONS AND CONDITIONAL USES WITHIN
THE AG-AGRICULTURAL, RR-RURAL RESIDENTIAL, GI-GENERAL INDUSTRIAL,
AND BP-BUSINESS PARK ZONING DISTRICTS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning Ordinance,” is
hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 11-4-1-1.D: Conditional Uses:
Commercial Kennels, provided:
1.The site shall not be less than five (5) acres in size.
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.
Section 2. Rosemount Zoning Ordinance B, Section 11-4-3-D: Conditional Uses:
Commercial Kennels, provided:
1.The site shall not be less than five (5) acres in size.
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.
Section 3. Rosemount Zoning Ordinance B, Section 11-4-15-D: Conditional Uses:
Commercial Kennels, provided:
1. The site shall not be less than five (5) acres in size.
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.
Section 4. Rosemount Zoning Ordinance B, Section 11-4-16-D: Conditional Uses:
Commercial Kennels, provided:
1. The site shall not be less than five (5) acres in size.
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.
Section 5. Rosemount Zoning Ordinance B, Section 11-1-4 Definitions: For the purpose of
this title, certain words contained herein shall be defined as follows:
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.
Section 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
ENACTED AND ORDAINED into an Ordinance this 18th day of February, 2020.
CITY OF ROSEMOUNT
______________________
William H. Droste, Mayor
ATTEST:
Erin Fasbender, City Clerk
Excerpt from the January 28, 2020, Planning Commission Meeting Minutes
5.b. 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. (20-08-TA)
Planner Nemcek gave a brief summary of the staff report for the Planning Commission.
Reed inquired what would happen if in the future a structure was built within the 500 feet from adjacent structures and
75 feet from residential property lines. Nemcek stated that it would become legally nonconforming because the use is
already in place.
The public hearing opened at 7:02 pm.
Public Comments: None.
MOTION by VanderWiel to close the public hearing.
Second by Schmisek.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 7:04 pm.
Additional Comments:
Reed stated that he likes that the City tied in the State license requirements. That is the agency that deals with the details
of the operation.
Kenninger stated that she likes that staff contacted neighboring cities and updated the text amendment.
MOTION by Freeman to recommend that the City Council approve a 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.
Second by Reed.
Ayes: 5. Nays: 0. Motion Passes.
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