Independence Township Planning Commission. Richard K. Carlisle, AICP. DATE: November 30, Millstone Golden, LLC Special Land Use
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1 TO: FROM: Independence Township Planning Commission Richard K. Carlisle, AICP DATE: RE: I have received the subject special land use request and support materials for a dog kennel. The site is 3.03 acres and is located on the east side of Pine Knob Rd, south of Clarkston Rd. The current zoning of the site is R-1R Rural Residential. Kennels are a special land use in the R-1R District. Section 2.02 Definitions defines a kennel as follows: Kennel. Any lot or premises of any nature whatsoever, on which four dogs, four months old or more are kept, whether for the purpose of breeding or for any other purpose whatsoever, whether permanent or temporary. Kennels are subject to the general standards for all special land uses set forth in Section 7.03 H., as well as the specific standards for kennels set forth in Section General Standards The Planning Commission shall review the proposed special land use in accordance with the following general standards, as well as any standards which have been established that are specific to the use: 1. Taking into consideration the size, location and character of the proposed land use, viewed within the context of surrounding land uses and the Master Plan for such area, the proposed use shall not be incompatible nor inharmonious, as determined by the application of generally accepted planning standards and/or principles, with the surrounding uses and/or the orderly development of the surrounding neighborhood and/or vicinity in accordance with this Ordinance and the Master Plan. Richard K. Carlisle, President Douglas J. Lewan, Executive Vice President R. Donald Wortman, Principal John L. Enos, Principal David Scurto, Principal Benjamin R. Carlisle, Principal Sally M. Elmiger, Principal Laura K. Kreps, Associate
2 Comments: The subject site is zoned R-1R and located in a portion of the Township which is very low density. Directly across from the site is Pine Knob, to the north is the First Congregational Church, and to the south is a single family residence on a large acreage parcel. Other residences in the immediate area are located a considerable distance, separated by wooded wetlands. Therefore, when properly operated, we would not consider a kennel to be incompatible with the land use patterns in this area. 2. The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle interfacing. The proposed special land use shall not unreasonably impact upon surrounding property in terms of noise, dust, fumes, smoke, air, water, odor, light and/or vibration, and further, shall not unreasonably impact upon persons perceiving the operation in terms of aesthetics. Where such concerns can be remedied by way of design, construction and/or use, the proposed use shall be designed, constructed and used so as to eliminate the effects of the use which would otherwise substantiate denial thereof, taking into consideration the location, size, intensity, layout and periods of operation of such use. Comments: A kennel with frequent visitors as well as employees could generate a greater amount of traffic than a typical residential use of the property. The applicant s description of the operation needs to more fully address the frequency of visitors, number of employees, etc. Regarding other possible impacts, the Township has not received complaints, nor has the Zoning Administrator observed, the types of inordinate impacts one could expect from a kennel, primarily noise, odor and improper disposal of waste. 2
3 However, these impacts can be a function of the number of dogs on the property at any given time. Reports from Oakland County Animal Control indicate that 77 dogs were observed. The information from the applicant is not sufficient to determine the number of dogs the property can accommodate. 3. The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. Comments: We understand that the dogs are kept in the garage and possibly the pole barn. It is not clear from the plan or explanation whether there are external dog runs. 4. The proposed use shall relate harmoniously with the physical, historic, and economic aspects of adjacent land uses as regards prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the Township. Comments: Answer to standard #1 is relevant to this standard. 5. The proposed use is in general agreement with the Master Plan designation for the area where the use is to be built. Comments: Answer to this standard #1 is relevant to this standard. 6. The proposed use is so designed, located, planned and to be operated that the public health, safety and welfare will be protected. Comments: Township enforcement records indicate that there have been a number of dogs on the property. Oakland County Animal Control has reported cases of parvovirus. In general, we believe there is a direct relationship between meeting this standard, the number of dogs and the manner in which the kennel is operated. At this point, the applicant needs to be more specific regarding all of these factors. 7. The proposed use shall not cause substantial injury to the value of other property in the neighborhood in which it is to be located and will not be 3
4 detrimental to existing and/or other permitted land uses in the zoning district. Comments: As indicated in our comments to standard #1, a properly operated kennel would not be a detriment to neighboring properties in this location. However, there is insufficient information to make that determination. 8. The proposed special land use shall not result in an impairment, pollution and/or destruction of the air, water, natural resources and/or public trust therein. Comments: The primary concern with kennels are noise and the disposal of waste. The Township has no reported complaints regarding noise. Information provided by the applicant regarding waste disposal is not clear. 9. The proposed special land use shall not unreasonably burden the capacity of public services and/or facilities. Comments: The primary burden on public services would be with enforcement. A properly operated kennel would not create an unreasonable burden on public services and/or facilities. Conclusion: There is insufficient information provided by the applicant to make a determination that the general standards are met. Specifically, the applicant should provide information regarding the total number of dogs that will be kept on the property, the manner in which they will be kept, the location and size of outdoor runs and the manner of waste disposal. The Specific Standards A. Area and Setbacks. 1. A minimum lot area of not less than ten (10) acres, and a minimum lot width of not less than five hundred (500) feet, shall be required. 2. All buildings, pens and runways for housing or keeping of such animals shall not be less than one hundred and fifty (150) feet from any adjacent property line. 4
5 Comments: The property is 3.03 acres with a lot width of 200. Plot plan dimensions indicated that neither the house nor the pole barn meet the 150 setback. Therefore, several variances will be required. B. Screening and Fencing. 1. Pens and runways shall be screened from view from the road, either by the building or a greenbelt of plantings in accordance with Section All yard space used for pen areas shall be fenced with woven wire or other approved fence material, and said fence shall not be less than five (5) feet in height. Such fence shall be maintained in good condition. Comments: There is insufficient information provided to determine if this requirement is met. C. Operations and Maintenance. 1. An operation and maintenance plan shall be submitted that specifically addresses how noise will be attenuated and waste handled. Comments: There is insufficient information provided to determine if this requirement is met. D. Permit Requirements. 1. Any permit requirement of County and State agencies shall be met. Comments: The Michigan Dog Law of 1919, PA 339 of 1919, as amended, authorizes the County to issue commercial kennel licenses. However, the license is issued after receipt of zoning approval and inspection by Oakland County Animal Shelter and Pet Adoption Center. Therefore, any action of approval by the Township must be conditional on receipt of a kennel license by Oakland County. Recommendation: There is insufficient information to determine if Ordinance standards are met. We recommend this item be tabled to provide sufficient time for the applicant to respond to our comments. Please let me know if there are any questions. 5
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