2007-04-10 PC Agenda Packet
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PLANNING & ZONING COMMISSION
Tuesday, April 10, 2007
7:00 PM
1. CALL TO ORDER - ROLL CALL - ADOPT AGENDA
2. MINUTES
March 13,2007 Regular Meeting (pages 1-6)
3. PUBLIC HEARINGS
a. Dog Kennel Ordinance Amendment (pages 7-29)
4. ADJOURNMENT
"A quorum of Council members may be present."
AFFIDAVIT OF POSTING
STATE OF MINNESOTA)
) SS.
COUNTY OF WRIGHT )
Bridget Miller, being first duly sworn, says that on this 6th day of Apri12007,
Bridget posted the documents as shown on the reverse side a true copy of each
thereof at 11 :35 a.m. at the Albertville City Offices in the window, at the City of
Albertville, County of Wright, State of Minnesota.
Subscribed and sworn to before me this.lo thday 0
, 2007.
TORI ANN LEONHARDT
NOTARY PUBUC.MINNESOTA
My C:m"IITI Exp. Jan. 31, 2009
M:\Public Data\Planning & Zoning\P&Z agenda\Affidavit of Agenda Posting format.doc
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PLANNING and ZONING COMMISSION MINUTES
April 10, 2007
Albertville Council Chamber
7:00 PM
CALL TO ORDER - ROLL CALL - ADOPT AGENDA
PRESENT: Chair Sharon Leintz, Vice-chair Frank Kocon, Commission members Scott
Dorenbush, Denise Prow, and Dale Edgren, Council liaison Dan Wagner, City Planner Al
Brixius, Zoning Administrator/Building Official Jon Sutherland, and Certified Building Permit
Technician Tori Leonhardt
ABSENT: City Clerk Bridget Miller
Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to
order at 7:00 p.m.
ADOPT AGENDA
MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to
approve the agenda as presented and on file in the office of the City Clerk. Motion carried
unanimously.
MINUTES
MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to
approve the March 13,2007 regular Planning and Zoning Commission minutes as presented and
on file in the office of the City Clerk. Motion carried unanimously.
PUBLIC HEARINGS
DOG KENNEL ORDINANCE AMENDMENT
Chair Leintz opened the public hearing at 7:04 p.m.
City Planner Brixius reported that the City of Albertville has requested changes to the language
for kennels and the care of animals in the City Code and Zoning Ordinance. After discussions
with the City Council and Albertville residents at the March 19,2007 Council Meeting, City
Attorney Mike Couri presented the Council with City Code amendments for animal control
regulations on April 2, 2007. Specifically the amendment added new language regarding the
allowance of private kennels and the maintenance of commercial and private kennels. Our office
has prepared language to update the Zoning Ordinance in response to the changes of the City
City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
Page 2 of6
Code for the care of animals and the allowance of kennels and veterinary clinics within each
applicable zoning district.
City Planner Brixius explained to the Commission that the current ordinance does not distinguish
between a Commercial Kennel and a Private Kennel. With the proposed text amendment to the
ordinance, this will be distinctively defined.
City Planner Brixius also stated that the new ordinance would require a Veterinary Clinic to be
owned and operated by a licensed veterinarian.
City Planner Brixius informed the Commission about the proposed change to the zoning
ordinance, which would include the definitions for Private and Commercial Kennels as follows:
KENNEL, COMMERCIAL: any place where: 1) more than two (2) dogs over six
months of age are owned, kept, boarded, or bred for purpose of sale: or 2) more
than two (2) dogs over six months of age and owned by persons other than the
kennel owner are kept or boarded for a fee or other remuneration.
KENNEL, PRIV ATE: any place where more than two (2) dogs over six months
of age owned by the kennel owner are kept for private enjoyment and not for
breeding sale, a fee or other remuneration.
In addition, the proposed change to the zoning ordinance would revise the Veterinary Clinic
definition to read:
VETERINARY CLINIC: Those uses concerned with the diagnosis, treatment,
hospitalization, surgery and medical care of animals, which place is owned and
operated by a licensed veterinarian.
City Planner Brixius outlined the additions to the Zoning Ordinance Chapter
23001.1 entitled: Care of Animals to include:
F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and
disease hazards.
G. All outdoor facilities for housing or confining animals shall maintain the
required minimum setbacks for the applicable residential zoning district.
H. No outdoor facilities for housing commercial kennels or veterinarian clinics
shall be constructed within the commercial or industrial districts.
Brixius indicated that item H . No outdoor facilities for housine: commercial
kennels or veterinarian clinics shall be constructed within the commercial or
industrial districts was added at the request of the City Attorney Mike Couri.
City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
Page 3 of6
City Planner Brixius concluded by identifying the Zoning Districts and where Commercial
Kennels, Private Kennels and Veterinary Clinics are allowed and the proposed changes to each
district regarding clinics and private kennels.
Zoning District Current Allowed Use Changes to Use
A-1, Agricultural Rural Keeping Animals, Kennels None*
and Animal Hospitals by
CUP
A-2, Agricultural Transitional Keeping Animals, No None
Kennels
R-1A, Residential Low Density Domestic Animals Addition of Private Kennels
R-1, Residential Single Family Domestic Animals Addition of Private Kennels
R-2, Residential Single and Domestic Animals Addition of Private Kennels
Two Family
R-3, Residential Single and Domestic Animals Addition of Private Kennels
Two Family
R-4, Residential Two Family, Domestic Animals Addition of Private Kennels
Townhouse, Quadraminium
R-5, Residential Medium Domestic Animals None*
Density
R-6, Residential High Density Domestic Animals None
R-7, Residential Special Domestic Animals None
Purpose, Hioh Density
R-8, Residential Mixed Housing Domestic Animals None
R-MH, Manufactured Housing Domestic Animals Addition of Private Kennels
Residential
B-2, Limited Business No Kennels or Clinics None
B-2A, Special Business Clinics with no overnight None*
care, No Kennels
B-3, Highway Commercial Clinics with overnight care, None*
No Kennels
B-4, General Business Clinics with no overnight None*
care, No Kennels
B-W, Business-Warehousing Clinics with overnight care None*
and kennels
1-1, Limited Industrial No Clinics or Kennels None
L-2, General Industrial No Clinics or Kennels None
. Wording of the language was changed to fit ordinance definitions, but not a specific use
change unless otherwise noted.
Zoning AdministratorlBuilding Official Jon Sutherland provided the Commission members with
the minutes from the March 19,2007 City Council meeting in which Albertville residents, Don
Deckert and his wife were present and currently have six (6) huskies.
Sutherland asked City Planner Brixius how this new zoning ordinance would affect the Deckerts.
City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
Page 4 of6
City Planner Brixius replied that the Deckerts would be allowed to apply for a Private Kennel
license under the new proposed changes to the zoning ordinance.
Sutherland inquired if there will be a limit to the number of dogs allowed with a Private Kennel
license.
Brixius referred the Commission members to City Attorney Mike Couri's comments from the
City Council meeting on March 19,2007 in which he asked the Council if they wanted a limit on
the number of dogs that would be allowed in a residential zoning district. Council could put a
condition within the City Code that would only allow a certain number of dogs.
Commission member Wagner indicated that under section 6-2-17 -d, it states the maximum
number of dogs that would be allowed in any duly licensed private dog kennel is six (6), if the
specified conditions are met.
Zoning Administrator/Building Official Sutherland asked City Planner Brixius, what if someone
has six (6) pit bulls.
City Planner Brixius responded by stating our ordinance does not specify on species of dogs
allowed or not allowed.
Commission member Wagner stated that under section 6-2-17-d there are five (5) conditions that
have to be met in order for a license to be issued.
1. When the dogs remain outside and not on a leash, they shall remain confined in
a fenced area where the fence acts as a physical barrier (not an electronic
fence) that reasonably restrains the dogs to a confined area.
2. All such dogs must be formally trained through obedience school or other such
training program.
3. All such dogs must have a micro-chip identification device inserted in their
skin.
4. All such dogs shall be trained for one or more of the following specialized uses:
sled dog team, assistance, guide, hearing or service for a handicapped person,
and police canine unit, including sniffer, tracking and rescue uses.
5. The applicant must demonstrate a need for the requested number of dogs.
Commission member Dorenbush inquired if the licensing for private kennels would be done at
City Hall over the counter or if each application would come before the Planning Commission
for approval and would each applicant have an inspection prior to issuance.
Chair Leintz expressed concern over residents being "grandfathered in" to the ordinance.
City of Albertville
Planning & Zoning Commission Minutes
April 10,2007
Page 5 of6
City Planner Brixius answered by stating that licensing would occur at City Hall and that the
Planning Commission would not review each application. Furthermore, licensing would be
renewed on an annual basis; therefore, no one would be considered "grandfathered in".
Commission member Dorenbush reiterated, would they have a pre-inspection done prior to
issuance?
City Planner Brixius indicated that the language of the current ordinance could be amended to
specify that a pre-inspection must be completed prior to issuance of a private kennel license.
Commission member Kocon asked if there was a minimum area allowable per dog on a property.
City Planner Brixius stated that there is not a minimum allowable area per dog, but the zoning
classification of the property does specify how large the lot has to be in that particular district.
Chair Leintz recommended that Twin Homes and Two Family Homes be eliminated from the
proposed ordinance as allowable zoning districts for private kennels.
City Planner Brixius noted that the ordinance could be restricted to allow a private kennel on
single-family lots within the city only.
Commission member Dorenbush asked if the ordinance could require the opening of the
doghouse to face the residence to help deter some of the barking.
Dorenbush stated that this could possibly make the homeowner more aware of when the dog is
barking, along with the opening not being able to face a street or neighboring yard causing the
animal to bark more.
Chair Leintz asked City Planner Brixius that if the Council has already adopted the new
ordinance at the March 19, 2007 meeting, what is the Commission reviewing or supposed to be
addressing?
City Planner Brixius responded by stating that the Council recommended to approve Ordinance
No. 2007-03 entitled an Ordinance Amending Title 6, Chapter 2, Section 2 of the 2005
Albertville Municipal City Code Relating to Animal Control.
Brixius went on to explain that currently there are no distinctions between Commercial Kennels
and Private Kennels in the ordinance and staff is asking the Commission to address the addition
of private kennels and definitions as it effects the Zoning Ordinance Chapter 200.2 and 2300.1.
Commission member Edgren asked if a B2A District allows for an overnight care facility.
City Planner Brixius indicated that overnight care is allowed in a B3 District.
City of Albertville
Planning & Zoning Commission Minutes
April 10, 2007
Page 60f6
Commission member Edgren brought up the possibility of a pet store going in to the B2A district
and if this would be allowed.
City Planner Brixius advised the Commission that the definition of Pet Store is not currently in
the Zoning Ordinance and that the Commission could recommend this be added.
Commission member Dorenbush inquired when the licensing is renewed.
City Planner Brixius informed the Commission that it is on an annual basis and a license is valid
from January 1 to December 31 ofthe current year.
Chair Leintz recommended that the licensing period be valid from April 1 to May 31 of the
current year.
Zoning Administrator/Building Official Sutherland commented that he liked the idea of doing a
pre-inspection prior to issuing a kennel license.
Chair Leintz closed the public hearing at 7:54 p.m.
MOTION BY Commission member Dorenbush, seconded by Commission member Prow to
continue the public hearing for the Dog Kennel Ordinance Amendment to the May 8, 2007
Planning and Zoning Commission meeting to include the recommended changes:
1. Add PET STORE Under Section 200.2 DEFINITIONS:
2. Eliminate SECTION 5 Appendix A, Chapter 3700.3 relating to accessory uses in the R-
5 District.
3. Limit Private Kennels to Single Family Lots only.
4. Add orientation of the opening of the shelter must face the owner's residence.
Motion carried unanimously.
ADJOURNMENT
MOTION BY Commission member Kocon, seconded by Commission member Prow to adjourn
at 7:55 p.m. Motion carried unanimously.
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Sharon Leintz, Chair
Albertville Planning and Zoning Commission
Public Hearing April 10, 2007
PRINT Name Address City
Jane Doe 1325 Any Street N E Albertville
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