REQUEST FOR COUNCIL ACTION DATE: 23 November, 2015 ITEM NO: 9 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director Item Description: #15-3768/ 15-3780 Michael and Lisa Larson,3596 Shoreline Drive, Text Amendment to Amend B-1 Zoning District and Conditional Use Permit List of Exhibits A. Draft Resolution B. November 9 City Council packet Purpose. Approve by resolution the Conditional Use Permit for the Woofington. Background. At its meeting on November 9 th, the Council voted 3-2 to approve a text amendment and Conditional Use Permit for the Woofington, the proposed indoor dog boarding and day care facility at 3596 Shoreline Drive, directing staff to prepare a resolution of approval. That draft is attached, and includes the conditions discussed by the Planning Commission and City Council. COUNCIL ACTION REQUESTED: Staff recommends approval of the Resolution with any changes deemed necessary.
A RESOLUTION A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-644 SUBSECTION 11 THROUGH13 FILE NO. 15-3780 WHEREAS, A Plus Properties LLC, a Minnesota Limited Liability Company (hereinafter the Owner ) is the owner of the property located at 3596 Shoreline Drive within the City of Orono (hereinafter the City ) and legally described as: Lots 11-14, Block 7, Navarre Heights, Hennepin County, Minnesota (hereinafter the Property ); and WHEREAS, Michael and Lisa Larson are the operators of the Woofington (hereinafter the Operators ) to be located on the Property; and WHEREAS, the Operators have made application to the City of Orono for a conditional use permit (hereinafter the CUP ) pursuant to Orono Municipal Zoning Code Section 78-644 Subsections 11 through13 in order to operate a Dog Boarding, Dog Daycare, and Dog Grooming Facility; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 21, and October 19, 2015 and by the Orono City Council on November 9, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. FINDINGS 1. This application was reviewed as Zoning File #15-3780. 2. The Property is located in the B-1 Retail Sales Commercial Zoning District which requires a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. 3. The Planning Commission reviewed this application at a public hearing held on September 21 and October 19, 2015 and recommended approval of the CUP based on the following findings: a. The Property is 27,000 square feet in area and 100 feet in width. Page 1 of 6
b. The proposed use is listed as a permitted use within the B-1 Retail Sales Zoning District and therefore is appropriate in the zoning district. c. The modifications to the building and site will improve the character of the neighborhood. d. The building design and layout will mitigate the noise levels resulting from the Woofington in the neighborhood. e. The operations of the business will manage noise in the neighborhood. f. The amount of parking available on the Property limits the use of the building, due to the ratio of parking to building size. g. The Operators and Owner agree to the conditions outlined below. 4. The City Council on November 9, 2015 considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owner, Operators and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the Operators request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Section 78-644 Subsections 11 through13, subject to the following conditions: 1. This CUP is to improve and operate an indoor dog day care, indoor dog boarding, and grooming facility at the Property as shown on the site plan and building elevations attached as Exhibit A. Any amendments to the plan which are not in conformity with City codes may require further Planning Commission and City Council review. 2. The capacity of the facility is 72 dogs (1 dog per 85 square feet; 6,160 square feet/85 = 72 dogs. The total number of dogs on the Property at one time shall not exceed capacity of the facility. ). 3. Dogs boarded overnight (Boarding) or during the day (Day Care) shall be limited to those 25 pounds or less. Page 2 of 6
4. The Operators shall maintain a City of Orono kennel license annually as required in City Code Section 62-181. Failure to maintain the kennel license shall render the CUP lapsed. 5. Dogs shall be supervised while outdoors at all times. 6. No more than 10 dogs may be outdoors at any one time. 7. The trash enclosure shall be constructed of materials consistent with the principal structure and located as approved by staff. 8. A solid 6 fence shall be constructed between the Property and the adjacent residential properties to the east. 9. When the average occupancy level for three consecutive months exceeds 50% of capacity, the business shall be staffed overnight. 50% capacity is 36 dogs (72 x 0.5 = 36). 10. A 24-hour contact number shall be posted on the exterior of the building that can promptly respond to concerns or complaints. Authorities granted by this resolution run with the Property not with the Operators or Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A satisfactory final inspection interior improvements must be completed within one year of the date of Council approval, or the CUP will expire on that date (November 23, 2016). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Owner and Operators have read, understand and hereby agree to the terms of this resolution and on behalf of the Owner and Operators and the Owner s heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 23 rd day of November, 2015. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 3 of 6
A Plus Properties LLC A Minnesota Limited Liability Company By: its Chief Manager. (Paul Johncox) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of, 20, by Paul Johncox, the Chief Manager of A Plus Properties LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public Page 5 of 6
Michael Larson, Operator Lisa Larson, Operator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of, 20, by Michael Larson, husband of Lisa Larson. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of, 20, by Lisa Larson, wife of Michael Larson. Notary Public Page 6 of 6
Item #09 - CC Agenda - 11/23/2015
REQUEST FOR COUNCIL ACTION DATE: 9 November, 2015 ITEM NO: 9 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director Item Description: #15-3768/ 15-3780 Michael and Lisa Larson,3569 Shoreline Drive, Text Amendment to Amend B-1 Zoning District and Conditional Use Permit List of Exhibits A. Draft ordinance B. Revised site plan and floor plan C. Applicant supporting letter D. neighborhood information dated November 2, 2015 E. Letter of opposition dated October 30, 2015 F. Council packet September 28, 2015 RE text amendment G. Council minutes, September 28, 2015 H. Planning Commission packet October 19, 2015 RE conditional use permit I. Planning Commission draft minutes, October 19, 2015 Purpose. The applicants request approval of two actions: 1. Amend the zoning district regulations to include indoor dog boarding, indoor dog day care, and dog grooming as conditional uses in the B-1 zoning district. 2. Approve a conditional use permit for The Woofington, an indoor dog boarding, indoor dog day care, and dog grooming business at 3596 Shoreline Drive, housing up to 72 dogs at one time. Background. The Planning Commission and City Council have reviewed these applications on a number of occasions. The text amendment was recommended for approval by the Planning Commission on August 17 th. The Council tabled discussion on both Sept 14 th and 28 th. The Conditional Use Permit was reviewed by the Commission on September 21 st, tabled, and recommended for approval on October 19 th. The packets for the September 28 City Council and October 19 Planning Commission meetings are attached, as are the minutes from those meetings for more information. A 60 day extension to the 60 day rule has been taken for both applications. The extension to the text amendment application 15-3768 will expire November 30, 2015. The extension to the CUP application 15-3780 will expire January 1, 2016. Text Amendment. On September 28 th the applicant provided a list of similar businesses located near residentially zoned properties. Council and Planning Commission members were invited to inspect these areas. The B-1 zoning district allows, by right, pet shops, which inherently include live dogs and cats for sale. There is no regulation regarding the number of animals. The zoning district allows, as a conditional use, garages for automotive repair, provided repair occurs indoors. The concerns with automotive garages are often the sound from clanking tools and the whine of air and power tools. The requirement to place the garage
business within the building is consistent with the definition of indoor dog boarding and indoor dog day care. The only outdoor activity is relief. Given the service nature of the business, licensing and conditional use permit requirements, Staff believes this use is appropriate in the B-1 zoning district. Conditional Use Permit The Planning Commission recommended approval of the conditional use permit with 5 staff recommended conditions and two added conditions: When the occupancy level for three consecutive months exceed 50% of capacity, the business shall be staffed overnight. Capacity of the facility is 72 dogs (1 dog per 85 square feet. 6160 square feet/ 85 = 72). 50% capacity is 36 dogs (72 x 0.5 = 36). A 24 hour contact number shall be provided that can promptly respond to concerns. Concerns The primary concerns raised thus far have focused on noise generated by barking dogs, and the concern that this sound could continue unabated for any length of time. These concerns have been received wither during the numerous public hearings or via phone call. To date, one letter in opposition has been received, attached. Staff has spoken with the planners in Richfield, Minnetonka, Medina, and Plymouth, they have reported similar concerns during their review process. Once operational, these businesses have generated no complaints. The Commission, given the sound mitigation measures proposed for the building, seemed comfortable with sound indoors, but concerns outdoors remain. The condition that dogs outdoors be supervised at all times is intended to address that concern, as is the capacity related condition. The applicants were encouraged to reach out to the neighboring properties to provide more information, and to hear their concerns first hand. The applicants were unable to connect with the property owners after repeated attempts, but a letter was sent to the property owners. This letter is attached. COUNCIL ACTION REQUESTED: Staff recommends the following: 1. Approval of the B-1 zoning ordinance as drafted 2. Approval of the Conditional Use Permit to include following conditions: a. The use is a listed permitted or conditional use in the B-1 zoning district. b. The operator shall maintain the annual kennel license. Failure to maintain the kennel license shall render the Conditional Use Permit lapsed. c. Dogs shall be supervised while outdoors at all times. d. The trash enclosure shall be constructed of materials consistent with the principal structure and located as approved by staff. e. A solid 6 fence shall be constructed between the subject property and the adjacent residential properties. f. When the average occupancy level for three consecutive months exceed 50% of capacity, the business shall be staffed overnight. Capacity of the facility is 72 dogs (1 dog per 85 sq ft. 6160 sqft/ 85 = 72). 50% capacity is 36 dogs (72 x 0.5 = 36). g. A 24 hour contact number shall be provided that can promptly respond to concerns. 3. Direction to prepare a resolution for approval or denial for consideration at the next City Council meeting.