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HomeMy WebLinkAbout2011-02-16 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/16/11 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider approving a zoning amendment to allow for limited use dog training facilities as a conditional use within certain residentially zoned districts on properties that are greater than 10 acres in size. 2. Consider approving a conditional use permit to allow for a dog training facility at 7624 — 110th Street. 1 Consider approving a resolution authorizing the publication of the ordinance amendment by title and summary. STAFF RECOMMENDATION 1. Approve zoning ordinance amendment. 2. Adopt the resolution approving the conditional use permit. 3. Adopt the resolution authorizing the publication of the ordinance amendment by title and summary. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED ® PLANNING 1/24/11 ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 2/8/11 ® RESOLUTION: Draft - Conditional Use Permit Draft - Ordinance Amendment Summary ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS ■ City Ad bate COUNCIL ACTION TAKEN: APPROVED DENIED ❑ OTHER y� CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: February 8, 2011 RE: Dog Training Facility — Zoning Text Amendment and Conditional Use Permit ••• Stephen and Amy Allwine have requested a zoning amendment to allow, as a conditional use, limited use dog training facilities within residentially zoned districts on properties that are greater than 10 acres in size. In conjunction with the zoning change request, the applicant is requesting a conditional use permit to allow for a dog training facility at 7624 —110th Street. • • • s The Planning Commission held the public hearing on these applications at their January 24, 2011, meeting. There was no public testimony received. The Planning Commission unanimously (7 -to -0 vote) recommended approval of the zoning text amendment to allow dog training facilities as a conditional use in certain residential zoning districts and the conditional use permit allowing a dog training facility at 7624 110th Street South. •' The proposed use is a dog training facility that offers several classes a week in dog obedience, agility training, and tracking. No special event proposals have been indicated. The applicant cur- rently operates a similar training facility in Woodbury at the Carver Lake Vet Center. Honorable Mayor, City Council, and Ryan Schroeder Dog Training Facility — Zoning Text Amendment and Conditional Use Permit February 8, 2011 Page 2 of 7 The current zoning ordinance is silent in regard to dog training facilities. The proposed use has been determined to be similar to a dog kennel. Dog kennels are allowed as conditional uses in the City's two agricultural zoning districts, some commercial zoning districts, and in the Rural Residential (R -1) zoning district. The current Single Family Residential (R -3) zoning of the prop- erty is typically found in urban areas of the community but historically been designated in this area. Even though the parcel is zoned R -3, the characteristics of the parcel are rural. Because of the size and location of the property, it was determined that the property is essentially func- tioning as an R -1 guided property in which the proposed use would be conditionally permitted. Rather than rezoning the property to R -1, it is proposed that the zoning code be amended to al- low for limited use dog training facilities on all residentially zoned properties that are greater than 10 acres in size. The performance standards proposed for the zoning amendment are: • Parcels 10 acres or greater • No overnight boarding • Minimum setback of 50 feet from all property lines for all training facility arenas and buildings. • Limited hours of operation. • Limited number of vehicular trips equivalent to the number of trips that could be generated if the property was developed at its maximum allowed density. • Noise control as regulated by local and state standards. • Nuisance Control as regulated by local and state standards. • Any other reasonable standards or conditions deemed applicable by the Planning Commis- sion or Council. Honorable Mayor, City Council, and Ryan Schroeder Dog Training Facility — Zoning Text Amendment and Conditional Use Permit February 8, 2011 Page 3 of 7 Property Characteristics The property is located outside of the Metropolitan Urban Service Area (MUSA). The 28 -acre site is located at the end of 110th Street, adjacent to the Grey Cloud Dunes Scientific and Natural Area. There are existing residential properties on the south and east sides of the parcel. The perimeter of the site is encompassed with a treed windrow. There is an existing agricultural building on the site; the applicants intend to construct a home on the parcel and establish a hobby farm in addition to the proposed dog training use. • r Land Use and Zoning The property is guided and zoned for residential use. The R -3, Single Family Residential zone has a minimum lot size of 10,000 square feet. The minimum lot size for properties located outside the MUSA limits is 1.5 acres. The MUSA will not be expanded into this area until 2025 to 2030 at the earliest. The proposed use of the property is consistent with permitted and conditioned uses al- lowed within this district on larger acreage parcels. Hours of Operation The applicant has indicated that the hours of business operation would be 6:00 p.m. to 9:00 p.m. weeknights and 9:00 a.m. to 9:00 p.m. on Sundays. The average number of classes reported to occur per week will be between eight and ten with an average of five people per class. Waste The applicant has indicated that all training areas and runs would be cleaned on a daily basis for the health and safety of all. Waste removal from the site would be contracted with a commercial refuse hauler. Noise The biggest question that has been raised during the review process was if noise was going to be an issue. The applicants have indicated that the dogs do bark occasionally during training classes when they are excited. Some of the classes during inclement weather will be conducted indoors in the outbuilding after it meets building code requirements. To further limit noise issues, no overnight boarding is proposed, and all outdoor activities are to be supervised. The standard City and State noise rules will be applicable to the site. If the City re- ceives noise complaints, the owner of the property would be notified to bring the noise on the site into compliance with ordinance and statute requirements. It is recommended that if there are re- peat violations related to noise, that the conditional use permit would be subject to additional review by the City Council. Facility Operation Detail A photo of the applicant's current training facility is included below. There are a variety of structures that are utilized in different training tasks for the dogs. It is reported that these structures are rou- tinely maintained to ensure their safety and longevity. Two 100 -foot by 100 -foot training arenas are planned. Honorable Mayor, City Council, and Ryan Schroeder Dog Training Facility — Zoning Text Amendment and Conditional Use Permit February 8, 2011 Page 4 of 7 Site Detail The previous owner of the site had prepared a sketch plan on how the property could be subdi- vided under current ordinance criteria. This sketch is included below with the dog training facility location detailed on it. A zoom of the training area is also included. X N �f All, A'r" Honorable Mayor, City Council, and Ryan Schroeder Dog Training Facility — Zoning Text Amendment and Conditional Use Permit February 8, 2011 Page 5 of 7 4 le Public Bearing Notices A public hearing was published in the South Washington County Bulletin and mailed to 25 property owners within 1,000 feet of the property on January 13, 2011. The applicant has also personally contacted the adjacent neighbors and indicated responses of support of the proposal. The letter of support from adjacent residents is attached. Screening There currently are windrows of trees and underbrush around the perimeter of the site. The appli- cant has indicated that additional vegetation screening will be planted on the property in order to Honorable Mayor, City Council, and Ryan Schroeder Dog Training Facility — Zoning Text Amendment and Conditional Use Permit February 8, 2011 Page 6 of 7 minimize any potential conflict between adjacent land uses. Fencing is proposed around the two planned training arenas. It is recommended that any fencing utilized for screening on the site be constructed from wood or vinyl composite material. Parking The parcel is of sufficient size to accommodate the anticipated parking needs for the proposed use. The average parking needs for the use would be five vehicles. Based on the limited scope of the proposed use and the residential zoning, hard surface parking will not be required. The parking is proposed to be located to the north of the planned training rings. Any parking improvements completed on the site shall not negatively impact the drainage of the site or adjacent properties. The final parking design will be required to be reviewed by the Planning Staff. Setbacks It is recommended that a minimum setback of 50 feet from all property lines be required all training facility arenas and buildings. Rest Rooms Rest room facilities shall be provided as directed by the Cottage Grove Building Division and the Washington County Health Department. The minimum requirement may be a portable toilet for outdoor use or more intensive plumbing and septic improvements if required. Conditional Use Standards If the zoning text amendment is completed, then a conditional use permit can be issued for the proposed use. In addition to meeting the performance standards required in the ordinance, the Planning Com- mission must review the application for conformance with the following criteria established in City Code Title 11 -2 -9F. 11 -2 -9 F. Criteria for Issuance of Permit: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential Sur- rounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vi- bration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the ad- joining properties. Honorable Mayor, City Council, and Ryan Schroeder Dog Training Facility — Zoning Text Amendment and Conditional Use Permit February 8, 2011 Page 7 of 7 6. The use shall be served adequately by essential public services, such as streets, po- lice, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. Based on the information presented, the proposed use could satisfy the conditions for issuing a conditional use permit. Operation of the use in a manner contrary to those conditions could require additional review of the conditional use permit by the City Council. Upon further review of the City Code, it is recommended that Title 11 -9A-4, Conditional Uses in Rural Residential District(R -1); Title 11 -9B -4, Conditional Uses in Residential Estate District (R -2); Title 11 -9C -4, Conditional Uses in Conditional Uses in Residential District (R -2.5); Title 11 -9D -4, Conditional Uses in Single Family Residential District (R -3), which will also cover the Low Density Residential (R-4), Medium Density Residential (R -5), and High Density Residential (R6) zoning districts; and Title 11 -9H -4, Conditional Uses in Urban Reserve District (UR), should be amended. :- •1IaI-J.. • 1. Approve the zoning amendment to allow for limited use dog training facilities as a conditional use on properties that are greater than 10 acres in size within certain residentially zoned districts (R -1, R -2, R -2.5, R -3, R -4, R -5, and R -6). 2. Approve the conditional use permit to allow for a dog training facility at 7624 — 110th Street, subject to the conditions listed in the attached draft resolution. 3. Adopt a resolution authorizing the publication of the ordinance amendment by title and summary. EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JANUARY 24, 2011 6.1 Allwine Dog Training Facility — Case CUP11 -001 Stephen Allwine has applied for a zoning text amendment and a conditional use permit to allow a limited use dog training facility at 7624 110th Street South. McCool summarized the staff report and recommended approval of the zoning text amend- ment and the conditional use permit, subject to the conditions stipulated in the staff report. Brittain asked if the applicant subdivided their property into a parcel less than ten acres, would that would affect the conditional use permit. McCool responded they would need a minimum of ten acres for the dog training operation. Amy Allwine, Woodbury, explained their primary business focus is to give people something fun to do with their dogs. They believe the location is a good fit, especially with the off -leash dog park located nearby. Poncin asked if there was an acreage requirement in the R -1 district, where this type of use is currently allowed. McCool responded a minimum of ten acres is required, so there would be no change. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Brittain made a motion to recommend approval of the zoning text amendment. Poncin seconded. Motion passed unanimously (7 -to -0 vote). Wilhite made a motion to approve the conditional use permit to allow a dog training facility subject to the conditions listed below. Linse seconded. 1. The principal residential structure must be constructed and have a valid certifi- cate of occupancy prior to the dog training facility operations commencing. 2. All applicable permits (i.e., building, electrical, grading, mechanical) must be com- pleted, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 3. The hours of business operation shall be limited to 6:00 PM to 9:00 PM week- nights and 9:00 AM to 9.00 PM on Sundays. 4. Signage on the property is limited to three (3) square feet. 5. The minimum setback of all training facility arenas and buildings is 50 feet from all property lines. Excerpt from Planning Commission Minutes Allwine Dog Training Facility —Case CUP11 -001 January 24, 2011 Page 2 of 2 6. All outdoor activities must be supervised by the applicants or a designated re- sponsible adult. 7. The final parking design shall be required to be reviewed by the Planning Staff. Any parking improvements on the site must not negatively impact the drainage of the site or adjacent properties. 8. Fencing utilized on the site for screening will be constructed from wood or vinyl composite material. Internal site fence materials must be reviewed and approved by the Planning Division. 9. All indoor and outdoor training facilities must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. 10. Rest room facilities shall be provided as directed by the Cottage Grove Building Division and the Washington County Health Department. 11. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 12. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives odor complaints, the property owner must bring the odor on the site into compliance upon notification by the City. 13. Repeat violations related to noise, odor, or permit criteria will require additional review of the conditional use permit by the City Council, with possible revocation of the conditional use permit as a remedy. Motion passed unanimously (7 -to -0 vote). The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT "The Code of the City of Cottage Grove, Washington County, State of Minnesota," shall be amended by amending Title 11, Chapter 9A, Section 4; Conditional Uses in R -1, Rural Residential District, to read as follows: Title 11 -9A -4. 14. Limited use dog training facilities subject to the following performance standards: Parcels 10 acres or greater • No overnight boarding Minimum setback of 50 feet from all property lines for all training facility arenas and buildings. • Limited hours of operation. • Limited number of vehicular trips equivalent to the number of trips that could be generated if the property was developed at its maximum allowed density. • Noise control as regulated by local and state standards. Nuisance Control as regulated by local and state standards. • Any other reasonable standards or conditions deemed applicable by the Planning Commission or CitV Council. SECTION 2. AMENDMENT "The Code of the City of Cottage Grove, Washington County, State of Minnesota," shall be amended by amending Title 11, Chapter 9B, Section 4; Conditional Uses in R -2, Residential Estate District, to read as follows: Title 11 -913-4. 10. Limited use dog training facilities subject to the following performance standards: • Parcels 10 acres or greater • No overnight boarding • Minimum setback of 50 feet from all property lines for all training facility arenas and buildings. • Limited hours of operation. • Limited number of vehicular trips equivalent to the number of trips that could be generated if the property was developed at its maximum allowed densitV. • Noise control as regulated by local and state standards. • Nuisance Control as regulated by local and state standards. Ordinance No. XXX Page 2 of 3 • Any other reasonable standards or conditions deemed applicable by the Planning Commission or City Council. SECTION 3. AMENDMENT "The Code of the City of Cottage Grove, Washington County, State of Minnesota," shall be amended by amending Title 11, Chapter 9C, Section 4; R- 2.5, Residential District, to read as follows: Title 11 -9C -4. 10. Limited use dog training facilities subject to the following performance standards: • Parcels 10 acres or greater • No overnight boarding • Minimum setback of 50 feet from all property lines for all training facility arenas and buildings. • Limited hours of operation. • Limited number of vehicular trips equivalent to the number of trips that could be generated if the property was developed at its maximum allowed density. • Noise control as regulated by local and state standards. • Nuisance Control as regulated by local and state standards. • Anv other reasonable standards or conditions deemed applicable by the Planning Commission or City Council. SECTION 4. AMENDMENT 'The Code of the City of Cottage Grove, Washington County, State of Minnesota," shall be amended by amending Title 11, Chapter 9D, Section 4; R- 3, Single Family Residential District, to read as follows: Title 11 -9D -4. 15. Limited use dog training facilities subject to the following performance standards: • Parcels 10 acres or greater • No overnight boarding • Minimum setback of 50 feet from all property lines for all training facility arenas and buildings. • Limited hours of operation. • Limited number of vehicular trips equivalent to the number of trips that could be generated if the property was developed at its maximum allowed density. • Noise control as regulated by local and state standards. • Nuisance Control as regulated by local and state standards. • Any other reasonable standards or conditions deemed applicable by the Planning Commission or City Council. SECTION 5. AMENDMENT "The Code of the City of Cottage Grove, Washington County, State of Minnesota," shall be amended by amending Title 11, Chapter 9H, Section 4; Urban Reserve District, to read as follows: Ordinance No. XXX Page 3 of 3 Title 11 -91-1-4. 5. Limited use dog training facilities, subject to the following performance standards: • Parcels 10 acres or greater • No overnight boarding • Minimum setback of 50 feet from all property lines for all training facility arenas and buildings. • Limited hours of operation. • Limited number of vehicular trips equivalent to the number of trips that could be generated if the property was developed at its maximum allowed density. • Noise control as regulated by local and state standards. • Nuisance Control as regulated by local and state standards. Any other reasonable standards or conditions deemed applicable by the Planning Commission or City Council. SECTION 6. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 16th day of February 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date]. RESOLUTION NO. 2011 -XXX WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which amends City Code Titles 11 -9A -4, 11 -913-4, 11 -9C -4, 11 -9D -4, and 11 -91-1-4, Conditional Uses in Residential Zoning Districts; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance amends City Code Titles 11 -9A -4, 11 -913-4, 11 -9C-4, 11 -9D -4, and 11 -91-1-4, Conditional Uses in Residential Zoning Districts. This amendment will allow limited use dog training facilities as a conditional use in certain residential zoning districts, subject to performance standards including: located on parcels 10 acres or greater, no overnight boarding, setback requirements, limited hours of operation, limited number of vehicle trips, noise control, and compliance with nuisance ordinance requirements. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 16th day of February 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk I - 7� I�I�ij�[•hh[�>���Sfisi11 • • ---• • • .; •1'1 r• - - • WHEREAS, Stephen and Amy Allwine have applied for a conditional use permit to allow a limited use dog training facility located on the property legally described as: Section 29 Township 027 Range 021 W1 /2- SW1 /4 -SE1 /4 EXC S 33FT SUBJ TO EASEMENT Commonly known as 7624 110th Street South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on January 24, 2011; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the application. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously voted (7 -to -0 vote) to recommend to the City Council that the conditional use permit be granted. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a conditional use permit to allow a limited use dog training facility on the property legally described above, subject to the following conditions: 1. The principal residential structure must be constructed and have a valid certificate of occupancy prior to the dog training facility operations commencing. 2. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official. 3. The hours of business operation shall be limited to 6:00 PM to 9:00 PM weeknights and 9:00 AM to 9:00 PM on Sundays. 4. Signage on the property is limited to three (3) square feet. 5. The minimum setback of all training facility arenas and buildings is 50 feet from all property lines. Resolution No. 2011 -XXX Page 2 of 2 6. All outdoor activities must be supervised by the applicants or a designated responsible adult. 7. The final parking design shall be required to be reviewed by the Planning Staff. Any parking improvements on the site must not negatively impact the drainage of the site or adjacent properties. 8. Fencing utilized on the site for screening will be constructed from wood or vinyl composite material. Internal site fence materials must be reviewed and approved by the Planning Division. 9. All indoor and outdoor training facilities must be cleaned on a daily basis and waste removal from the site must be contracted with a commercial refuse hauler. 10. Rest room facilities shall be provided as directed by the Cottage Grove Building Division and the Washington County Health Department. 11. The standard City and State noise rules will be applicable to the site. If the City re- ceives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 12. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives odor complaints, the property owner must bring the odor on the site into compliance upon notification by the City. 13. Repeat violations related to noise, odor, or permit criteria will require additional review of the conditional use permit by the City Council, with possible revocation of the conditional use permit as a remedy. Passed this 16th day of February 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk