CR 08-090 Zoning Ordinance Amendment - Animal Day CareH O P K N S
September 30, 2008 Council Report 08 -90
Proposed Action
ZONING ORDINANCE AMENDMENT — ANIMAL DAY CARE
Staff recommends the following motion: adopt Resolution 08 -52, approving Ordinance 08-
1002, allowing animal day care in the B -3 zoning district for first reading.
At the Zoning and Planning meeting Mr. Beddor moved and Mr. Hatlestad seconded a motion
to adopt Resolution RZ08 -5, recommending approval of Ordinance 08 -1002, allowing animal
day care in the B -3 zoning district. The motion was approved unanimously.
Overview
Staff was asked to explore the possibility of adding an animal day care use to the zoning
ordinance. The staff did some research and discussed the proposed ordinance with the
Planning Commission. Staff is recommending that animal day care be a conditional use within
the B -3 zoning district. The Commission suggested adding the condition that the outdoor area
cannot abut a residential area. This condition will eliminate a concern that there could be an
animal play area next to a resident's yard.
The proposed ordinance will allow domestic animal day care within the B -3 zoning district.
Primary Issues to Consider
• What is the proposed amendment?
• What is the staff recommendation?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Resolution 08 -52
• Ordinance 08 -1002
r QQJL2v'
Nanc S. Anderson, AICP
Planner
G
T Y op
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CR08 -90
Page 2
Primary Issues to Consider.
• What is the proposed amendment?
The proposed amendment is to allow an animal day care use in the B -3 district as a conditional
use permit.
535.03
B -1 B -2
41. Domestic Animal Day Care Facility (2)XII
B -3 B -4
II) Domestic Animal Day Care Facility provided:
1. The hours of operation shall be limited daily from 6 a.m. to 9 p.m.
2. The animals may be groomed, trained, exercised and socialized, but not kept or boarded
overnight, bred, sold or let for hire.
3. A sight- obscuring fencing for all on -site outdoor recreation areas. The fence shall
provide full containment for the animals. The fence structure shall be deep enough and
secured to the ground to prevent escape and high enough to prevent the animals from
jumping or climbing over.
4. The facility must control odor, dust, noise, waste, drainage and security so as not to
constitute a nuisance, safety hazard or health problem to adjoining property or uses.
The operator must provide a plan of operation demonstrating these provisions can be
met.
5. The outdoor recreation area shall not abut a residential zoning district.
• What is the staff recommendation?
Staff is recommending approval of the proposed ordinance.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed amendment with the Commission. No one appeared at
the public hearing regarding this item.
CR08 -90
Page 3
Alternatives
1. Approve the amendment to the zoning ordinance. By approving the amendment to the
zoning ordinance, the zoning ordinance will be amended to allow animal day care.
2. Deny the amendment to the zoning ordinance. By denying the amendment to the zoning
ordinance, the zoning ordinance will not be amended. If the City Council considers this
alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
Adopted this 7th day of October 2008.
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 08 -52
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING ADDING DOMESTIC ANIMAL DAY CARE AS A
CONDITIONAL USE IN THE B -3 ZONING DISTRICT
WHEREAS, an application for Zoning Amendment ZN08 -3 has been initiated by the City of
Hopkins;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was initiated by the City of Hopkins;
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on August 26,
2008: all persons present were given an opportunity to be heard;
3. That the written comments and analysis of City staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the application for Zoning Amendment ZN08 -3
is hereby approved based on the following Findings of Fact:
1. That the Zoning and Planning Commission reviewed the proposed
ordinance.
2. That the proposed use is compatible with the B -3 district under certain
conditions.
Eugene J. Maxwell, Mayor
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 08 -1002
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
That Sections 515 and 535 of Hopkins Code of Ordinances be the same and are hereby amended by
adding the following section:
Section 515
Subd 54. Domestic Animal Day Care Facility — a facility providing such services as domestic animal
day care for all or part of a day, obedience classes, training, grooming and/or behavioral counseling,
provided that overnight boarding is not permitted.
Section 535 - Zoning: business districts
PERMITTED USES B -1 B -2 B -3 B -4
41. Domestic Animal Day Care Facility (2)XII
II) Domestic Animal Day Care Facility provided:
1. The hours of operation shall be limited daily from 6 a.m. to 9 p.m.
2. The animals may be groomed, trained, exercised and socialized, but not kept or boarded
overnight, bred, sold or let for hire.
3. There must be sight- obscuring fencing for all on -site outdoor recreation areas. The fence shall
provide full containment for the animals. The fence structure shall be deep enough and secured
to the ground to prevent escape and high enough to prevent the animals from jumping or
climbing over.
4. The facility must control odor, dust, noise, waste, drainage and security so as not to constitute a
nuisance, safety hazard or health problem to adjoining property or uses. The operator must
provide a plan of operation demonstrating these provisions can be met.
5. The outdoor recreation area shall not abut a residential zoning district.
Other uses listed in Sections 515 and 535 are to be renumbered accordingly.
First Reading: October 7, 2008
Second Reading: October 21, 2008
Date of Publication: October 29, 2008
Date Ordinance Takes Effect: October 29, 2008
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
Eugene J. Maxwell, Mayor