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2018-02-13 PC Agenda Packet A�Ibcrtvillc Small Tc'u r-Liv4g.INo City 111s. PLANNING COMMISSION MEETING Tuesday, February 13, 2018 7:00 PM 1. CALL TO ORDER -ROLL CALL —ADOPT AGENDA 2. MINUTES January 9, 2018 Planning Commission Meeting (pages 1-4) 3. PUBLIC HEARINGS a. Public Hearing to Consider a Request from Kwik Trip Incorporated for Rezoning from B-2A to B-3, and Conditional Use Permits for Fuel Sales, Car Wash, and a Commercial Site With Greater Than 25% Impervious Surfacing in a Shoreland District (pages 5-38) b. Public Hearing to Consider an Amendment to Section 4600, I-1 District and Section 4700, I-2 District Lot Area and Setback Changes (pages 39-43) C. Public Hearing to Consider an Amendment to Title 6, Chapter 2, Animal Control of the City Code and Section 4500 and 4600 of the Albertville Zoning Ordinance Regarding Private and Commercial Kennels (pages 44-66) 4. OTHER BUSINESS None. 5. ADJOURNMENT Albertville S—N Town IJWng.819 CRy W.. ALBERTVILLE PLANNING COMMISSION TUESDAY,JANUARY 9, 2018 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER- ROLL CALL -ADOPT AGENDA Chair Klecker called the meeting to order at 7:00 p.m. Becker conducted roll call. Present: Chair Klecker and Commissioners Buhrmann, Barthel,Wegner, Halling, and Council Liaison Hudson. Absent: Brempell. Others Present: City Planner Alan Brixius, Building Permit Technician Maeghan Becker, and Ryan Imdieke, Operations Manager for Border States Industries, Inc. Motioned by Buhrmann, seconded by Wegner, to approve the agenda. Ayes:Klecker, Barthel,Buhrmann, Wegner, Halling, and Hudson. Nays:None. Absent:Brempell. MOTION DECLARED CARRIED. 2. PLANNING COMMISSION APPOINTMENTS AND TERMS OATH Planning Commissioners Wegner and Halling were both sworn in. 3. ELECTION OF OFFICERS Planning Commission appointed Ron Klecker as Chairman and Mark Barthel as Vice Chairman. 4. MINUTES Motioned by Barthel,seconded by Buhrmann, to approve the November 14, 2017 Planning Commission meeting minutes.Ayes:Klecker, Barthel,Buhrmann, Wegner, Halling, and Hudson. Nays:None. Absent:Brempell. MOTION DECLARED CARRIED. 1 5. PUBLIC HEARINGS A. Public Hearing to Consider a Request from Border States Industries Inc. for a Conditional Use Permit for Expanded Outdoor Storage for Property Located at 11927 53rd Street NE. Brixius informed the Commissioners that Border States Industries, Inc. is asking for approval of a conditional use permit to expand the outdoor storage for truck parking at 11927 53rd Street NE. Brixius went over the issues analysis with the Commissioners: 1. Visioning Study 2. Zoning 3. Existing Adjacent Uses 4. Setbacks S. Lot Area, Width, and Depth 6. Easements 7. Maximum Site Coverage 8. Site Lighting 9. Parking 10. Landscaping 11. Grading and Drainage Plan 12. Requirements for Outdoor Storage In conclusion, staff recommends approval of the submitted plans with the following conditions: 1. Submission of a detailed grading, drainage, and erosion control plan. 2. Subject to the recommendations of the City Engineer with regard to the site grading, surfacing, drainage, erosion control, and storm water management. 3. The site will require a MPCA NPDES Permit. Klecker inquired about gravel for the surface and if there would be any concerns with snow removal that would need to be discussed. Brixius stated that the surface must be paved, grass, or crushed rock, and that our City Engineer will need to review and comment. Klecker questioned about the type of trucks that we are discussing, if they would be diesel trucks and if they would be running throughout the night. Ryan Imdieke, Operations Manager for Border States Industries, Inc., approached the podium. Imdieke responded that the standard hours of operation are 5 a.m.to 7 p.m., so there should not be any trucks running throughout the night,with one exception of bad weather. Planning Commission Meeting Minutes Regular Meeting of January 9,2018 2 Motioned by Barthel,seconded by Buhrmann, to open the Public Hearing.Ayes: Klecker,Barthel,Buhrmann, Wegner, Hailing, and Hudson. Nays:None.Absent: Brempell. MOTION DECLARED CARRIED. No one wished to speak. Motioned by Barthel,seconded by Buhrmann, to close the Public Hearing.Ayes: Klecker,Barthel,Buhrmann, Wegner,Hailing, and Hudson. Nays:None.Absent: Brempell. MOTION DECLARED CARRIED. Motioned by Buhrmann, seconded by Wegner, to approve the Request from Border States Industries, Inc,for a Conditional Use Permit for Expanded Outdoor Storage for Property Located at 11927 53rd Street NE. Ayes:Klecker,Barthel,Buhrmann, Wegner Hailing, and Hudson. Nays:None. Absent:Brempell. MOTION DECLARED CARRIED. 6. OTHER BUSINESS A. Discuss Dog Kennel Code Changes Brixius explained that City staff has received numerous nuisance complaints (such as barking, yard maintenance, etc.) regarding the number of dogs at several residences; this is creating an enforcement issue for staff. Staff is making a recommendation to remove the private kennel section from the City Code and limiting the number of dogs per house to two and up to three dogs, if one of the dogs meets the definition of a service dog. Brixius went over the following of what the ordinance will include: Section 1 - Definitions - Delete the current definition of private kennel. - Include the State Statute definition of service animal. Section 2 - Dog Licensing Provision - Establish license limit for number of dogs per property. - Delete private kennel reference. Section 3 - Commercial Kennels - Revise the number of dogs per commercial kennel to reflect the City's kennel housing requirements and a 30 dog maximum cap. - Establish zoning districts where commercial kennels may be allowed. Section 4 - Private Kennels - Repeal Section 6-2-17 in its entirety. Section 5 - Maintenance, Location, Conditions of Animal Quarters - Repeal reference to private kennels. Staff is recommending a change to the City Code and Zoning Ordinance to address the nuisance issues that have been occurring. Wegner discussed the differences between service dogs, companion dogs, and comfort dogs. Brixius explained the types of zoning that are required for having a commercial kennel. Planning Commission Meeting Minutes Regular Meeting of January 9,2018 3 Hudson stated that the intention of this change is to preclude residents who are currently in violation of this ordinance and then they apply for a private kennel license, and the complaints are still not resolved. Brixius agreed with Hudson's comment and that this will help the complaints get addressed. Halling asked that if the applicants need to get approval of the surrounding residents/neighbors already in the current ordinance, wouldn't that suffice for precluding them to get the private kennel license. Brixius responded that the issue may not be an immediate neighbor; it may be other surrounding residents. Wegner is concerned that residents may already have the maximum number of dogs, and something may happen to where they need a service dog. Therefore,they would need to get rid of one they already have, or they could not get a service dog. B. August Planning Commission Meeting- Set date and time The August meeting has been rescheduled to Thursday,August 16 at 7:00 p.m. Motioned by Wegner, seconded by Hailing, to reschedule the August Planning Commission Date to August 16, 2018. Ayes:Klecker,Barthel,Buhrmann, Wegner, Hailing, and Hudson. Nays:None.Absent:Brempell.MOTION DECLARED CARRIED. 7. ADJOURNMENT Motioned by Barthel, seconded by Buhrmann, to adjourn the meeting at 7:36 p.m. Ayes:Klecker,Barthel,Buhrmann, Wegner,Hailing, and Hudson.Nays:None.Absent: Brempell. MOTION DECLARED CARRIED. Respectfully submitted, Maeghan M. Becker, Building Permit Technician Planning Commission Meeting Minutes Regular Meeting of January 9,2018 4 NORTHWEST ASSOCIATED CONSULTANTS, INC . 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius DATE: February 8, 2018 RE: Albertville — Kwik Trip Rezoning / Conditional Use Permit FILE NO: 163.06 — 18.01 BACKGROUND Kwik Trip Incorporated has filed application for rezoning and conditional use permits to construct a 10,000 square foot convenience store, car wash, and gas sales at a 3.3 acre site located at the northeast quadrant of County Road 19 and 1-94. The site is currently zoned B-2A, Special Business District with a Shoreland Overlay District. The B-2A District does not allow for gas sales or car wash uses within this district. Kwik Trip is requesting a zoning change to B-3, Highway Business District to accommodate the proposed uses. With a change of zoning to B-3, gas sales and car washes are allowed by conditional use permit. Additionally, the Albertville Shoreland Ordinance requires a conditional use permit to allow commercial properties exceeding 25% impervious surfacing on the site. The development application includes both the rezoning requests and the conditional use permit. Attached for reference: Exhibit A: Site Boundaries Aerial Exhibit B: Site Survey Exhibit C: Site Plan Exhibit D: Grading Plan Exhibit E: Utility Plan Exhibit F: SWPPP Exhibit G: Landscape Plan Exhibit H: Lighting Plan Exhibit I: Building Elevations Exhibit J: Signage Plan 5 REZONING The applicant is requesting a zoning map amendment to change the zoning from the B- 2A, Special Business District to B-3, Highway Commercial District. In 2003 when the City first established and applied the B-2A Zoning District, it purposely excluded gas sales and automobile service uses to prevent the proliferation of these uses throughout the City. Since this action, there have been significant changes in retailing nationwide and land uses and in Albertville. 1. The popularity of internet shopping is changing the trends in commercial development of retail space. This has reduced the market for brick and mortar retail development. 2. In 2017, the City approved the Mall of Entertainment AUAR which envisions opening 111 acres for commercial development. In response to ever-changing trends, the City must be flexible in its land use decisions to ensure smaller commercial sites are marketable and can support development. Section 300.1 of the Albertville Zoning Ordinance outlines the following criteria to be evaluated when considering a change in zoning: 1 . The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Comment: The Albertville Proposed Land Use Plan guides this site for commercial land use. The 2012 Vision Study outlines the following goals and policies to guide commercial growth in Albertville: Commercial Goal 1: The City will continue to promote commercial development by the City taking advantage of its access to Interchange 94 and the growing population of Albertville and its adjoining communities. Policies: 1. The City will promote commercial development within locations of the City's commercial areas as guided in the Albertville Proposed Land Use Plan. 2. The City should be patient with infill commercial development to ensure proper access, quality site design, and quality architecture. Maintaining high design and construction standards related to architecture, site design, and landscaping was recommended. 6 Economic Development Goal 1: The Vision Committee identified commercial and industrial growth as a priority for the community. The City will become more aggressive in its economic development promotion efforts. Policies: 1. The City shall define its land use goals for commercial and industrial areas as related to: a. Location, land supply, variable lot sizes. b. Access. C. Zoning: types of use, site design, architectural quality. d. Utility availability and capacity. The change of zoning from B-2A to B-3 would be consistent with the aforementioned goals and policies of the City's Vision Plan. The introduction of the Kwik Trip would establish a quality automobile-oriented use at a location with excellent freeway visibility and a use that would complement the Outlet Mall. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The proposed rezoning site is an isolated location due to the following existing physical barriers: North: Drainage ditch separating it from Outlet Mall South: 1-94 East: School Lake West: County Road 19 These physical barriers provide separation and distance from adjoining land uses. These barriers also complicate site development as follows: o Access via County Road 19 will be controlled and permitted by Wright County. This access point will be limited to right-in / right-out only. Development will be required to install turn lanes to access the site. o Alternate access will be through the Outlet Mall site. As part of the original PUD agreement, the City required the Outlet Mall to grant a shared access through their site when the subject site developed. The drainage ditch presents an obstacle for the driveway design and requires additional setback for site development. o The site's proximity to School Lake imposes the Shoreland Overlay Zoning District in addition to the required B-3 zoning. The imposition of the shoreland regulations adds performance standards that reduces the lot's buildable area and imposes additional environmental regulations. 7 The Kwik Trip land use introduces a land use and site design that will be complementary to the Outlet Mall and will fill a difficult development site. 3. The proposed use conforms with all performance standards contained herein. Comment: The building and site plan shall be reviewed in detail in later portions of this report. This development requires three conditional use permits for gas sales, car wash, and impervious surface greater than 25%. The development plans shall be reviewed against both the zoning standards of the B-3 Zoning District and the Shoreland Overlay District. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The proposed Kwik Trip facility will bring a new national business to the community that will complement the Outlet Mall and expand the City's commercial tax base. This new construction will not depreciate the values of the adjoining land uses. The applicant has indicated that this new development creates approximately 25 to 30 new permanent jobs in the City. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Comment: The City has municipal utilities, both sanitary sewer and water, located along the west side of County Road 19. These utilities have both the size and capacity to serve this proposed use. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Comment. This site is unusual in that its access to County Road 19 will be limited to right-in and right-out. Southbound exiting traffic will be routed through a shared access with the Outlet Mall, channeling traffic to the traffic signal at the Mall's entrance. The City and Wright County are currently studying needed improvements to County Road 19 including the mall intersection to address growing traffic volumes from both Albertville and Otsego growth. This proposed use will contribute to County Road 19 traffic and will be included in the County's road planning and design. Rezoning Recommendation. The change in zoning for this particular site remains a policy decision of the Planning Commission and City Council. In review of the zoning request of this site from B-2A to B-3, staff finds that the proposed land use and development appears to satisfy the aforementioned zoning amendment criteria and provides a quality use for a difficult site, supporting the zoning change. 8 SITE AND BUILDING REVIEW / CONDITIONAL USE PERMITS The following review assumes a change in site zoning to B-3, Highway Oriented Commercial District and the application of the Shoreland Overlay District. Zoning. With the change of zoning to B-3, the proposed uses are permitted as follows: 1. Convenience Store (Retail) Permitted Use 2. Gas Sales Conditional Use 3. Car Wash Conditional Use 4. Outdoor Display of Merchandise Permitted Accessory Use 5. Impervious Surface Greater than 25% Conditional Use/Shoreland Lot Area/Setbacks. The proposed site appears to meet all the required lot area and setback requirements of both the B-3 and Shoreland Overlay Districts as follows: Required Proposed Compliant Lot Area None / 2 acres 3.35 acres Yes Lot Width 100 feet/ none 348 feet Yes Building Setbacks: Front —West 35 feet 104.4 feet Yes Side — North 20 feet 162 feet Yes Side —South 20 feet 65 feet Yes Rear— East 35 feet 160 feet Yes 160 feet + 21 Setback from OHWL 150 feet feet=181 feet 2 Yes Canopy Setbacks: Front —West 35 feet 80 feet Yes Side — North 20 feet 48 feet Yes Side —South 20 feet 250 feet Yes Rear— East 35 feet 200 feet Yes Setback from OHWL 2 150 feet 200 feet Yes Parking Setbacks: Front —West 5 feet 23.7 feet Yes Side — North 5 feet 20 feet Yes Side —South 5 feet 20 feet Yes Rear— East 5 feet 116.3 feet Yes 140 feet + 21 Setback from OHWL 2 150 feet feet=161 feet 2 Yes NOTES: The Albertville Shoreland Ordinance Section 4908.75 waives the shoreland PUD standards for commercial lots that exceed 2 acres and meet the performance standards of this section. 2 The DNR ordinary high water level for School Lake is 947.3 feet. The proposed lot is not a riparian lot, rather the Minnesota Department of Transportation owns land between the development site and School Lake. The narrowest width of the MnDOT property along the east side of the subject site is 21 feet per Wright County GIS. 9 The fuel storage tanks show a 140 foot setback from the east lot line, with the MnDOT property to the east. It appears that the tanks meet the 150 foot required setback from the School Lake OHWL (947.3 feet). The applicant must confirm this setback is met. Shoreland. Section 4905.61 of the Albertville Shoreland Ordinance establishes the standards for commercial uses in the Shoreland Overlay District. This section allows non-water oriented commercial land uses provided the following conditions are met: Impervious Surfacing. Development with an underlying B Zoning District may exceed 25% up to 85% impervious surface subject to the following conditions. The applicant's site plan shows 52% impervious surface and 48% pervious. 1. The lot is served by municipal sewer and water. Comment: This standard is met. 2. A conditional use permit application is submitted and approved as provided for in chapter 400 of this Ordinance. Comment. The City is processing conditional uses for the proposed use and site design. 3. Notice of requests to exceed 25% lot coverage shall be sent to the Department of Natural Resources for their review and comment. Comment: Per ordinance, the development application has been forwarded to DNR staff for review. 4. The lot meets or exceeds the minimum lot size and dimensions requirement. Comment: As addressed in previous sections of this report, the site exceeds the lot area and width requirements of the zoning district and Shoreland Ordinance. 5. The building setback is at least 150 feet from the OHW, and the height of buildings on riparian lots or the first tier of a PUD shall not exceed 25 feet. Buildings on non-riparian lots or beyond the first tier of a PUD shall comply with the height restrictions of the base zoning district. Comment: The proposed site is not a riparian lot. As addressed in a previous section of this report, all improvements meet the required B-3 District setbacks and the 150 foot setback from OHWL. The building height is 24 feet and canopy height is 19 feet, both meeting the B-3 and shoreland height standards. 6. As part of the CUP process and site and building plan review, plans for structures, parking areas, and other facilities shall be reviewed for their effort to reduce visibility as viewed from public waters and adjacent shorelands by 10 vegetation, topography, and color, assuming summer, leaf-on conditions. Vegetative and topographic screening shall be preserved, if existing, or may be required to be provided. Comment. The applicant has provided a detailed landscape plan that provides a combination of shrubs and overstory trees along the east side of the parking lot. The planting scheme will serve to reduce the visibility of the building and canopy. It should be noted that School Lake has no public access and does not offer opportunity for watercraft use. As such, the view from the lake surface will be very limited. A more detailed landscape plan review is provided later in this report. 7. Parking lot lighting shall be provided in a manner so that all light is downcast with special attention paid to eliminating glare and minimizing the number and height of poles. Comment: Per City ordinance, the applicant has provided a photometric plan and details on the exterior light fixtures. In review of these plans, we offer the following: a. The light levels at the property line are below the City's maximum standard of 0.4 foot candles. b. The City requires all exterior light fixtures to be shielded, 90 degree cutoff fixtures. The lighting plan reveals: • Building mounted lighting will be recessed within the building eaves and will not extend below the eaves. • The freestanding lights have a total height of 18 feet with a 90 degree cutoff light fixture. The freestanding fixture meets City standards for height, design, and location. • The applicant indicates LSI lighting mounted under the gas canopy. The City will require canopy lighting to be recessed into the canopy with no luminaries extending below the canopy surface. The photometric plan reveals a 0.0 light level 85 feet from its east lot line. This is more than 100 feet from the School Lake OHWL. 8. Declaration of covenants, restrictions, and easements shall be provided on individual developments to protect the land adjacent to the waterbody. Comment: The City will require the establishment of drainage and utility easements over all drainageways, ponding areas, and wetlands. 9. A buffer of 40 feet is maintained adjacent to the lake where only ponding, wetland replacement and native planting will be permitted. An additional 60 feet of open space (total 100 feet) shall be provided adjacent to the 40 foot buffer. 11 Passive recreational activities such as trails or picnicking or ponding, wetland replacement or plantings may occur in the 60 feet of open space. Comment: The proposed development site is not a riparian lot. However, the site plan shows a parking lot setback ranging from 116 to 144 feet from the east property line. With the MnDOT property to the east, the parking lot is over 150 feet from the School Lake OHWL. Within this setback, grading will occur to provide stormwater ponding for retention and treatment. Upon completion of grading, the site will be restored as a lake buffer. The size, depth, and design meets or exceeds the aforementioned requirements. 10. On riparian lots, a detailed planting plan is submitted that enhances the buffer area by providing native species as a supplement to existing vegetation. Comment: This site is not a riparian lot. This standard does not apply. A detailed landscape plan has been provided and review comments will be later in this report. 11 . Collection and treatment of stormwater runoff prior to discharge to public waters shall be designed and implemented consistent with the City's stormwater management regulations as set forth in the City's Subdivision Ordinance. Comment: The applicant has submitted stormwater calculations, grading, and drainage plan. Please see the City Engineer's review for comments. 12. If a site exceeds 50% lot coverage and the use is a non-water oriented structure, then one of the following must be met: a. All buildings must be set back at least 300 feet; or b. Reduce the effective lot coverage below 50%. This provision will require demonstration that sufficient low impact development (LID) practices will be implemented in a location(s) on the lot or parcel to capture and treat runoff from the impervious areas above the 50% threshold for a '/2 inch design storm (type II, 24 hours, AMC-2). A City provided worksheet must be completed to demonstrate compliance with this provision. Comment: The proposed site coverage is 52%. The applicant has selected Option B above. See the City Engineer's review for comments. Motor Fuel Station Conditional Use Permit. Section 4400.4 of the B-3 Zoning District establishes the following conditions for the motor fuel station conditional use permit: A. The site consists of a minimum lot area of twenty thousand (20,000) square feet and minimum lot width of one hundred fifty feet (150'). 12 Comment: This standard has been met. B. Adequate space shall be provided to access fuel pumps and allow maneuverability around fuel pumps. Comment: While site access is complicated, the site layout provides for driveways, parking and pump access to accommodate both customer and service vehicles on site. This standard has been met. C. Underground fuel storage tanks are to be positioned to allow adequate access by motor fuel transports and unloading operations that do not conflict with circulation or access or other activities. Comment: The fuel storage tanks are located northeast of the proposed building. The location is designed to accommodate the needed movements of a semi fuel truck without interfering with other on-site traffic operations. In our review, we will require the applicant to demonstrate the 150 foot required setback from School Lake OHWL (947.3 feet). D. Landscaping and screening not less than ten feet (10') in width shall be provided at the boundaries abutting an R district in compliance with section 1000.7 of this ordinance. Comment: The applicant has provided a detailed landscape plan. Detailed review of said plan is offered late in this report. E. Parking or gas pump queuing areas shall be screened from view of abutting R districts in compliance with section 1000.7 of this ordinance. Comment. The gas pumps and canopy are located north of the building. The landscape plan provides some screening toward the lake. There are no residential zoning districts abutting this site. F. Provisions are made to control and reduce noise consistent with Minnesota pollution control standards. Comment: This is an isolated commercial site that will not present noise issues for the adjoining properties. Outdoor audio equipment will be required to adhere to allowable City and MPCA noise levels. G. The operation shall be responsible for daily litter control on the site. Trash receptacles shall be provided at a convenient location on site to facilitate litter control. Comment: The applicant proposes to provide trash receptacles at the gas pumps, near the car wash vacuum and at the store entrance. The site and 13 building plan shows a trash enclosure designed into the east side of the building. Said enclosure meets the City's zoning standards for design, location, and appearance. H. Wherever fuel pumps are to be installed, pump islands shall be installed. 1. Pump islands shall be elevated six inches (6") above the traveled surface of the site. 2. All pump islands shall be at least thirty feet (30') back from any property line. 3. The outer edge of any canopy shall be set back at least twenty feet (20') from any property lines. 4. The canopy shall not exceed eighteen feet (18') in height and must provide a minimum of fourteen feet (14') of clearance to accommodate a semitrailer truck passing underneath. 5. The canopy fascia shall not exceed three feet (3') in vertical height. 6. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Comment: The gas sales are located north of the proposed station store. The location meets all of the aforementioned setbacks and provides appropriate maneuvering area to access and exit the pump islands. The canopy elevation indicates that the canopy height will be 15.5 feet with a three foot canopy face, meeting required standards. The canopy elevation illustrates that the pumps area located on raised islands and protected by bollards. Canopy lighting must be recessed into the canopy with no exposed luminaries extending below the canopy. CAR WASH CONDITIONAL USE The site plan shows two mechanical car wash bays located on the south end of the building. The car wash is integrated within the building design. The car wash also offers a freestanding vacuum station in the west parking lot. The following standards apply to the car wash conditional use permit. A. The car wash building shall meet the architectural standards of Section 4400.8 of this chapter. Comment: The car wash and station store exist as a single building. The B-3 District requires commercial buildings to have at least 50% of the exterior building walls consist of brick, stone, glass or stucco. The proposed building offers four sided architecture consisting of brick and stucco walls, standing seam roof, and attractive window and doorway elements. The proposed building 14 exceeds the B-3 District architectural standards. The building design softens the appearance and function of the car wash and trash enclosure. B. Car wash stacking space shall be constructed to accommodate the number of vehicles that may be washed in a 30 minute period. Comment: Car wash traffic will be directed to the car wash entrance by directional signs. The traffic pattern is intended to direct traffic around the north side of the station store to line along the east side of the building to access the car wash bays. This site layout provides 110+ feet of stacking prior to turning into the drive lanes of the car wash bay. This design illustrates space for up to nine automobiles waiting for the car wash. This meets the City's stacking standards. C. Provisions shall be made to control and reduce noise. Comment: The car wash operations will occur with the door closed except when automobiles enter or exit. The site location also reduces the potential for nuisance complaints. SITE PLAN REVIEW In addition to three conditional use permits, the following general zoning provisions apply. Outdoor Lighting. As noted earlier in this report, the applicant's lighting and photometric plans appear to meet all City standards. Staff does recommend that the applicant verify that canopy lighting will be recessed into the canopy and luminaries will not extend below the canopy. Mechanical Equipment. The applicant shall identify proposed locations of ground mounted or rooftop mounted mechanical equipment serving the building, including HVAC, refrigeration, etc. Said equipment musts be screened from public right-of-way. Landscape Plan. In review of the submitted landscape plan, we offer the following comments: 1 . The selected trees are native species and are sized to meet City ordinances. The tree placement along the west edge of the site will break up sight lines into the site from the lake per shoreland requirements. 2. The proposed ground covers in the areas disturbed by grading and within the stormwater pond are all appropriate. The pond ground covers will aid in stormwater treatment. 15 3. The shrub and perennial plantings at the periphery of the parking lot and along the south side of the building are all sized to meet City Code and provide an attractive landscape accents to the site. 4. The landscaped areas, including turf areas, mulched areas, and the filtration basin, will be irrigated. The irrigation to the filtration basin will be turned off after vegetation is established. The landscape plans meet City standards. Access. Site access from County Road 19 is subject to the reviewed and approval of Wright County. The site plan illustrates the design and installation of a right turn lane from County Road 19 into the site. This design and access permit shall be subject to Wright County approval. The access from County Road 19 will be right-in and right-out only. To provide access to a full intersection, traffic will need to pass through the Outlet Mall site. As part of the 2003 Albertville Premium Outlet Mall 2nd Addition PUD approval, the City required the Outlet Mall provide access to the subject property via a private driveway to gain access to the full signalized intersection. The terms of this agreement are outlined in the 2003 development agreement and include the following conditions: 1 . Property to the south shall design and construct a private drive connecting into the Outlet Mall. Said driveway shall be designed to the same weight and width specifications as the Outlet Mall drive. 2. Property to the south shall enter into a maintenance agreement to cover 25% of the maintenance and repair costs of the shared driveway. 3. Property to the south must accept temporary and reasonable activities required in the construction, maintenance, repair, and replacement of the private d riveway. The conditions of the shared driveway are outlined and regulated in greater detail in the development agreement. The physical establishment and mutual agreement of an easement and maintenance agreement shall be in place prior to construction of Kwik Trip. Parking. Based on City standards, the 7,237 square foot station store is required to provide 32 parking stalls. The site plan illustrates 32 parking stalls and indicates 20 additional spaces at the fuel pumps. The on-site parking meets the City's zoning standards for number, dimensions, and parking lot design. Loading. The site plan identifies store and fuel storage loading areas on the east side of the building. These areas have been designed for semi-truck and trailer movements that will not interfere with other site operations. The size and design of the loading meets the City's standards. 16 Outdoor Sales Display. The B-3 Zoning District allows outdoor display of merchandise as a permitted accessory use provided it does not exceed 20% of the principal building and does not interfere with parking, traffic, circulation, or pedestrian movements. The applicant's site plan shows the following outdoor merchandise display: 1. Drive display areas between gas pump islands 150 square feet 2. Propane cabinet 14 square feet 3. Two ice cabinets 30 square feet 194 square feet The outdoor display areas meet the City's standards. If additional merchandise displays are needed in the future, the applicant shall submit a revised site plan for City staff review and approval. Signs. The applicant has provided a detailed comprehensive sign plan for the site illustrating the following: Wall Signs Number Size North Elevation 1 24.2 square feet South Elevation 1 36.0 square feet East Elevation 2 10 square feet each Comment: The B-3 Zoning District allows two wall signs per building on walls fronting a public street. The proposed wall signs meet the City's requirements for number and size of allowed wall signs. Canopy Signs Number Size North Elevation 1 24.2 square feet West Elevation 1 24.2 square feet Comment: The B-3 District allows canopy signs that do not exceed 50% of the canopy facade. The proposed canopy signs meet the City's standards. Directional Signs Number I Size Traffic Directional Signs 8 1 4.5 square feet each Comment: The applicant is proposing eight traffic directional signs to direct on-site traffic circulation around the building and the site exit points. In review of the sign plan, staff agrees with the number and location of the proposed directional signs. The Albertville Sign Code limits traffic control/directional signs to 4 square feet. The applicant is proposing 4.5 square feet. These signs must be reduced to meet the Sign Code. 17 Freestanding Signs. The applicant is proposing one freestanding sign. Said sign has a height of 30 feet and sign area of 117.15 square feet. The sign is located 23 feet from the west lot line. The proposed sign meets all of the performance standards of the Albertville Sign Code. If any portion of the sign is intended to be an electronic changeable copy sign, it shall be required to comply with City standards related to brilliance and frequency of message change. Overall, the proposed comprehensive sign plan is well conceived for the site. We recommend approval of the sign plan provided the directional signs meet the 4 square foot size standard of the City. CONCLUSION AND RECOMMENDATION Kwik Trip Incorporated is requesting a change in zoning and three conditional use permits to allow for the construction of a new convenience store, car wash, and gas sales City Council should consider the physical difficulties with the proposed site and the quality of development being offered. Rezoning. Any zoning map change is a policy decision of the Planning Commission and City Council. In evaluating the site and proposed development, staff believes that the change of zoning is appropriate with the following findings: 1 . The change of zoning is consistent with the Albertville Comprehensive Plan in that the use is consistent with long range land use plans and the use will expand the City's tax base and employment opportunities in the City. 2. The site is an isolated commercial site. The proposed use will not create compatibility issues for adjacent land uses. The site's proximity to I-94 is consistent with the intent and purpose of the B-3 Zoning District. 3. In review of the site and building plans and the conditional use permits, staff finds that the use and site design meet the City's zoning and shoreland regulations. The site design provides a substantial buffer along School Lake to address the needed environmental protections for the lake. 4. The proposed development offers quality building and site design that will not negatively impact adjoining properties. 5. The proposed development will not overburden the City's streets or utilities. If the Planning Commission and City Council agree with staff findings, approval of the change in zoning from B-2A to B-3 is appropriate. 18 Conditional Use Permit — Impervious Surface. In review of the conditional use to allow a commercial site with impervious surfacing to exceed 25% in a Shoreland Overlay District, we recommend approval with the following conditions: 1. Approval of the change in zoning to B-3. 2. Subject to review and recommendations of the City Engineer with regard to grading, drainage, and stormwater management. 3. Restoration of the lake buffer area after grading per the landscape plan dated 1/12/2018. 4. Establishment of a drainage and utility easement over the entire buffer area. Conditional Use Permit— Gas Sales. In review of the gas sales conditional use permit, staff recommends approval with the following conditions: 1. The applicant verify that the gas storage tanks meet the 150 foot structure setback from the School Lake OHWL of 947.3 feet. 2. The canopy lighting is recessed into the canopy with no luminaries extending below the canopy. Conditional Use Permit— Car Wash. In review of the car wash, staff finds that it meets all the City's conditional use requirements and recommends approval. Site and Building Plans. Staff recommends approval of the Kwik Trip site and building plans based on the submitted plan sets dated 1/12/2018 with the following conditions: 1. The development shall receive Wright County approval for a County road access permit and shall be responsible for the cost of the right turn lane on County Road 19. 2. The applicant identify the location of all ground mounted or rooftop mechanical equipment and demonstrate that it is screened from adjoining public rights-of- way and properties. 3. The applicant enter into an agreement with the Albertville Outlet Mall related to shared access and maintenance of the shared private areas. 4. Outdoor merchandise display areas shall be limited to the size and location identified on the approved site plan. Future changes, additions, or alternation of these display areas shall be subject to City staff approval. 19 5. Approval of the Kwik Trip comprehensive sign plan for the site with directional signs being reduced to 4 square feet to meet City Code. 6. The applicant shall be responsible for extending utilities to the site. c: Kim Hodena Maeghan Becker Mike Couri Paul Heins Dan Petrik, DNR James Bedell, DNR Steven Lowe, Kwik Trip (slowe(a)kwiktrip.com) 20 i ry. 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U « ULU 3 \ � LL, Z . \ LLI m R m � z i z -iLL E 0 \ [ < < iw -i 7W [ / � \ z z \ wG ■ < mi o < c , z \ ZRI � 2 ? 9 � 22 � 0 0 � Z ¥ \x W > � Z 3 \ CD E Fo - ye 2 / 4 \ 7 . ti ± ® x w ¥ > > / f 7 \ 2L / \ / 0 C � �) ■ ({ � �E k} . ] - | _ ) r � . ! \ , . ) � E 2 [ § ƒ/ ƒ \ I, �22 ! 25 L)n o w N- CT , X ¥ ox Ln ®/ °6 pCO Ems± % 2< @wCl) a.2B§ S±wk3 7» � ' \ F q \ / \ 2 � 7 k .T 3H�p E 2 e 5 E NORTHWEST ASSOCIATED CONSULTANTS, INC . 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius DATE: February 8, 2018 RE: Albertville — Industrial District Amendments FILE: 163.05 — 18.02 BACKGROUND Recent development proposals in Albertville's industrial districts have prompted a closer look at the zoning ordinance performance standards in the 1-1 Limited Industrial and 1-2 General Industrial districts. This review is focused on determining whether the existing requirements related to standards such as setbacks, building height, and building coverage produce desired outcomes or if changes may provide greater flexibility in attracting new industrial development, expansion, and redevelopment in the city. ISSUES Building Height. The ordinance sets a maximum building height for principal structures in all zoning districts at 35 feet. Industrial buildings often require higher ceilings, multiple stories, or exterior building equipment that may exceed the district height limit. Allowing for additional height would provide more flexibility for industries choosing to locate or expand in Albertville. Some cities allow for additional height over district standards via conditional use permit. This would provide an opportunity to consider potential land use impacts of a taller structure. However, it may be appropriate to permit buildings up to 45 feet in height and then require a conditional use permit for structures exceeding that maximum. Building Setbacks. The ordinance currently requires that industrial buildings are set back 35 feet from lot lines adjacent to public streets (front yards and side yards on corner lots). This may create constraints on small or irregularly shaped lots and limit the size of the building permitted. Allowing for a lesser setback could again provide flexibility in site design while ensuring that a sufficient buffer is maintained between buildings and 39 streets. Reducing setback requirements to a 30 foot front setback and a 20 foot side yard setback abutting a public street will still provide space for landscaping while making more efficient use of lot area. Lot Area. The 1-1 District does not set a specific minimum lot area, but rather allows evaluation lot area based on requirements for parking, loading, minimum yards, setback requirements, and building coverage. This provides flexibility in site selection and may permit a site to qualify for 1-1 rezoning that is suitable in all other respects but may not meet a minimum lot area standard. This flexibility does not apply in the 1-2 General Industrial district where a minimum lot area of 20,000 square feet is required. The planning commission should consider whether or not this discretionary lot area provision would be appropriately extended to the 1-2 District. For potentially volatile, hazardous, or other uses that may generate odors, the 1-2 District requires a conditional use permit. One of the criteria to be met is a minimum lot size requirement of 20,000 square feet. We are recommending retaining this provision while allowing other uses flexibility with regard to lot area. Minimum District Size. The ordinance currently requires a minimum of five acres and 300 feet of street frontage for an industrial district. This may have been initially intended to ensure that sufficient area would be provided to separate industrial districts from other uses that may be incompatible with the noise, odors, and truck traffic typically associated with industrial uses. This provision is somewhat problematic as it is unclear whether rezoning a parcel less than 5 acres to 1-1 or 1-2 would not be permitted unless it was adjacent to an existing industrial district. Likewise, an issue may arise if a parcel was rezoned to a district other than industrial reducing the total acreage of industrial parcels to less than 5 acres in an area. The city currently has two primary industrial districts that provide sufficient acreage to accommodate industrial uses where land use impacts may be minimized. This provision appears to no longer be useful and may cause unintended problems. We are recommending the ordinance be amended to remove the minimum district size provisions. SUMMARY Maintaining a vibrant and diverse industrial base is a key economic development priority for the city. The proposed changes would provide additional flexibility in site and building design for industries choosing to locate or expand in Albertville. 40 Attached is a draft ordinance reflecting the proposed changes discussed above for planning commission review. The planning commission should make recommendations based on public hearing comment and direct staff to prepare an ordinance amendment for city council consideration. c: Kim Hodena Maeghan Becker Mike Couri 41 DRAFT - DRAFT - DRAFT CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2018- AN ORDINANCE AMENDING APPENDIX A—ZONING ORDINANCE OF THE ALBERTVILLE CITY CODE RELATED TO CHANGES TO CHAPTER 4600,I-1 LIMITED INDUSTRIAL DISTRICT; AND CHAPTER 4700,I-2 GENERAL INDUSTRIAL DISTRICT PERTAINING TO LOT REQUIREMENTS,MAXIMUM BUILDING HEIGHT,AND MINIMUM DISTRICT STANDARDS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: SECTION 1. Chapter 4600 I-1 Limited Industrial District, Section 4600.5 Lot Requirements and Setbacks of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text: C. Setbacks: 1. Front yard: Thir4y five foot(35') Thirty feet(30'). 2. Side yard: a. Corner lot: Twenty feet(20'). b. Interior lot: Ten feet(10'). 3. Rear yard: Twenty feet(20'). SECTION 2. Chapter 4600 I-1 Limited Industrial District, Section 4600.6 Maximum Building Height of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text: Thir4y five feet 35'). Maximum building height shall not exceed forty-five feet(45') except by conditional use permit. SECTION 3. Chapter 4600 I-1 Limited Industrial District, Section 4600.7 Minimum District Size of the Albertville City Code is hereby repealed. SECTION 4. Chapter 4700 I-2 General Industrial District, Section 4700.6 Lot Requirements and Setbacks of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text: The following minimum requirements shall be observed in an I-2 district, subject to additional requirements, exceptions and modifications set forth in this ordinance: 42 City of Albertville Ordinance No. 2018- Meeting of 12018 Page 2 A. Lot area: The minimum lot area within the I-2 district shall be determined by the criteria for parking,, loading,, minimum yards and setback requirements and building coverage described for this district. B. Lot width: One hundred feet(100'). C. Setbacks: 1. Front yard: Thir4y fi. e root(35') Thirty feet(30'). 2. Side yard: T.. ent-, feet(20'` a. Corner lot: Twenty feet(20'). b. Interior lot: Ten feet(101 3. Rear yard: Twenty feet(20'). SECTION 5. Chapter 4700 I-2 General Industrial District, Section 4700.7 Maximum Building Height of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text: ' . Maximum building _height shall not exceed forty-five feet(45')height shall not exceed forty-five feet(45') except by conditional use permit. SECTION 6. Chapter 4700 I-2 General Industrial District, Section 4700.8 Minimum District Size of the Albertville City Code is hereby repealed. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this day of 2018. Jillian Hendrickson,Mayor ATTEST: Kimberly A. Hodena, City Clerk 43 NORTHWEST ASSOCIATED CONSULTANTS, INC . 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius / Ryan Grittman DATE: February 8, 2018 RE: Albertville- Private Kennel Ordinance FILE NO: 163.05 — 17.22 BACKGROUND Staff has been asked to look at the City Code and Zoning Ordinance related to kennels. The Albertville City Code allows residents to keep two dogs as pets on their property. However, the current City Code also allows a private kennel license that allows properties in the City to keep up to six dogs with conditions. This has caused nuisance issues stemming from residential properties that keep more than two dogs with regard to barking, odors, and lack of yard maintenance. The "private kennel" license, has become an issue due do its vague requirements and lack of conditions, allowing property owners to take advantage of the City Code to keep more than two dogs on their property without remedying the problems. Attached for reference: Exhibit A: City Code Amendment Draft Exhibit B: Zoning Ordinance Amendment Draft Exhibit C: ADA Requirements and Definitions ISSUES AND ANALYSIS Current Regulations. The current City Code allows two dogs without a private kennel license. This appears to be a reasonable standard for urban single family lots, medium density townhome units or apartments. Staff has proposed an ordinance that repeals the private kennel license entirely and keeps the two dog limit in place; but allows one additional dog if it is a service animal as defined by the code. Using guidance from the ADA, staff has attempted to define a service animal as follows: 44 "Service Animal Defined by Title II and Title III of the ADA. A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability." The ADA also has definitions for comfort animal, emotional support animal, service animal, and therapy animal (see Exhibit C ). According to the ADA, these dogs are not service dogs. Based on their definitions, they do not require any special training and only provide comfort to the owner. In this regard, staff does not believe that we can distinguish these dogs from any pet. These dogs are not prohibited, but their number must be within the established cap. With the exception of a service animal that requires specific training (i.e. seeing eye dogs, police dogs, etc.) there is no way for staff to distinguish how an animal may be defined without documentation of training. Regarding the number of dogs, staff offers three options: 1. Limit the number of dogs to two per household. All dogs including service dogs would be included in this limit. 2. Limit the number of dogs to two per household and allow an exception for service dogs. 3. Increase the limit of dogs to three per household. All dogs including service dogs would be included in this limit. Based on the history of complaints, staff would endorse Option 1 or 2, rather than increase the number of dogs per household city-wide. Private Kennels. The current private kennel license allows property owners to apply for a license to keep up to six dogs on site. The ordinance is vague in that it does not have many specific requirements for operating a private kennel; does not offer specific zoning districts where the use is allowed; and allows anyone to obtain a license with little oversight. In instances of nuisance complaints regarding number of dogs, violators have taken advantage of the City Code to keep more than two dogs under the protection of the private kennel license without remedying the complaints. Staff suggests that the elimination of the private kennels as a means to protect individual neighborhoods and simplify City enforcement. It should be noted that a private kennel license is different than a commercial kennel license. Commercial Kennel. Staff has attached a second draft ordinance to this memo that defines which zoning districts a commercial kennel can operate in. Currently, the A-1 and B-W Districts are the only districts that allow kennels. The draft ordinance will allow commercial kennels in the 1-1 Zoning Districts, in addition to the A-1 and B-W Districts. 45 The draft ordinance also changes the requirements for a commercial kennel by removing the maximum allowable number of dogs at 30 and replacing it with a requirement that the number will be based on the site's ability to accommodate the dogs. In no case will a commercial kennel be allowed to keep more than 30 dogs. CONCLUSION: The attached ordinances amend two parts of the City Code. The first ordinance addresses Title 6, Chapter 2 Animal Control. The second ordinance amends the Zoning Ordinance establishing performance standards for commercial kennels in the A-1, B-W, and I-1 Zoning Districts. Planning Commission is requested to review and edit the ordinances, and provide recommendation to the City Council on the ordinance amendments. C: Kim Hodena Maeghan Becker Mike Couri Paul Heins 46 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.: 2018- AN ORDINANCE AMENDING THE CITY CODE, SECTIONS 6-2-1, 6-2-3, 6-2-16, 6-2-17,AND 6-2-18 RELATING TO ANIMAL KENNELS IN THE CITY OF ALBERTVILLE,MINNESOTA The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Section 6-2-1, Definitions of the Albertville City Code is hereby amended as follows: KENNEL, PRAIATE: Any plaee wheFe mofe than two (2) dogs ovef six (6) months of age t o femtmefatioa SERVICE ANIMAL: An animal that is that is individually trained to do work or perform tasks for people with disabilities. Service animals are working animals, not pets. A service animal must have completed a skills test and be recognized by professional training service as a service animal. A dog;whose sole function is to provide comfort or emotional support does not qualify as a service animal. Section 2. Section 6-2-3, Dog Licensing Provisions of the Albertville City Code is hereby amended to read as follows: 6-2-3: DOG LICENSING PROVISIONS: A. License Required: No person shall keep any dog within the city without securing a license therefor from the city clerk, who shall keep a record of all licenses issued and shall issue a metal tag for each license. Proof of vaccinations shall be submitted in order to obtain a license. 1. The licensee shall at all times remain compliant with all applicable local, state and/or federal laws, rules and/or regulations. Any violation of any applicable local, state and/or federal laws, rules or regulations may result in the immediate revocation of the license. B. Fees and Application Requirements: It shall be required of each person owning, keeping, or harboring a dog to pay a license fee to the city administrator or finance director as imposed by this section. The license fee for any dog shall be computed at the rate as established in section 3-1-3 of this code. Each application for such license shall include a statement, signed by the person applying for the license, which certifies that the dog has Exhibit A 47 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 2 been inoculated for rabies not more than twenty-four(24)months preceding the date of application. Upon receipt of the license fee and the signed application, the city administrator or finance director shall execute the receipt in duplicate, the original of which shall be given to the person who pays the fee. The duplicate shall be retained in the records of the city administrator. This receipt shall describe the dog as to color, breed, age, sex, and weight. Any owner shall produce for inspection the license receipt upon the request of the animal control authority. C. Dog Tags: The city administrator shall procure a sufficient number of metallic tags for delivery of one such tag to the person paying the license fee. It shall be the responsibility of the owner of the dog for which said tag was obtained to permanently attach the tag to the collar of the dog in such manner that the tag may be readily seen. The tag is not transferable to any other dog or to a new owner of the dog. If a tag is lost or stolen, the owner may obtain a new tag by surrendering the license receipt for the first tag and by paying an additional fee as established in section 3-1-3 of this code. D. Unauthorized Use of Dog License Receipts, Tags and Certificates: It shall be unlawful for any person to use for any dog a license receipt, license tag, or a rabies inoculation certificate issued to another person or dog. E. Commercial Kennel License: A commercial kennel license may be issued by the animal control authority. aate F. License Limit. Except for Commercial Kennels, no property shall contain more than two (2) dogs over the age of six (6) months at a time. A property may contain three (3) dogs if one or more are service animals as defined in this section. Section 3. Section 6-2-16, Commercial Kennels of the Albertville City Code is hereby amended to read as follows: 6-2-16: COMMERCIAL KENNELS: A. License Required: No person shall operate a commercial dog kennel in the city without first obtaining a license and being compliant with the zoning ordinance. B. Application For License; Fee: Application for such license shall be made to the animal control authority and shall be accompanied by the fee as established in section 3-1-3 of this code. C. Annual Licenses; Expiration; Fee: Commercial kennel licenses shall be issued on an annual basis, expiring on December 31 following the first effective day of the kennel Exhibit A 48 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 3 license. The commercial kennel license fee shall be the amount per year or fraction thereof as established in section 3-1-3 of this code. D. Number Of Dogs: No person shall own, harbor, or keep upon his premises more than two (2) dogs over the age of six (6) months unless in a commercial kennel duly licensed under this section of a pfivatekenne' &1y lieensed tindef seetion 6 2 17 ofthis ehapter and or the pf vide a s,, i, commercial kennel is operated as part of a veterinary clinic operation at the same location. A property may contain three (3) dogs if one or more are service animals as defined in this section. The maximum number of dogs permitted in a commercial kennel shall be th;, reflective of the sites ability to function adequately according to Section 6-2-18 and provide a safe and clean environment. In no case, shall a site be allowed to have more than 30 dogs onsite. E. Commercial Kennel License: A license for a commercial kennel may be issued by the animal control authority for the keeping of dogs. Such license shall specify any restrictions, limitations, conditions or prohibitions which the animal control authority deems reasonably necessary to protect any person or neighboring use from unsanitary conditions,unreasonable noise or odors, or annoyance, or to protect the public health or safety,including the health and safety of the animals to be housed in the kennel. Such a license may be modified from time to time or revoked by the animal control authority or the city council for failure to conform to such restrictions, limitations, conditions, or prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such dogs. F. Sanitary Premises: Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized city authorities at any reasonable time. A commercial kennel license may be revoked by the animal control authority or the city council by reason of the violation of this chapter or any health or nuisance order, laws, or regulations G. Commercial kennels shall only perate in the followingzoning oning districts: 1. A-1, Agricultural Rural District 2. B-W, Business Warehousing District 3. I-1, Limited Industrial District Section 4. Section 6-2-17, Private Kennels of the Albertville City Code is hereby repealed in its entirety: 6 2 1 7• PRALA rE r EE 0. R T S i Exhibit A 49 City of Albertville Ordinance No. 2018- Meeting of , 2018 Page 4 Jeetion 3-1 3 of t i e D. Ma-xifnufn Number-of Dogs A'44eut A Kennel Lieense: No per-soft shall own, harbor-, OF keep "oft his pr-emises more than two (2) dogs eveF the age of si* (6) menths tiffless i. When the dogs r-emain etAside and not oft a leash, they shall r-emain eefifffled ift -a -3-.- All suel dogs must have a mier-eehip identif4eation deviee inset4ed in their- skin. 4. All sueh dogs shall be t,aine.l f9- oneor-mer-e of t e f9li ,w; o .,lize , o zn AK rn z t l east tes--ice ��e�e��cepe;ye liea*t must defnanst+ate a need fer-t4e r-e"ested number- of dogs-.- real estate situated wit4ifi ofte hundr-ed feet(100') of t4e appliea*Vs real estate. Sueh Exhibit A 50 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 5 ofdef, laws, OF FegWa-tiofts-. Section 5. Section 6-2-18, Maintenance, Location, and Condition of Animal Quarters and Commercial and Private Kennels of the Albertville City Code is hereby amended to read as follows: 6-2-18: MAINTENANCE, LOCATION,AND CONDITION OF ANIMAL QUARTERS AND COMMERCIAL AND nv A n TE KENNELS: A. Animal housing facilities and commercial and kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. B. Dogs kept outside shall be provided with access to shelter to protect them from the sun, rain, and snow in accordance with Minnesota statutes section 343.40, subdivisions 1, 2, 3. C. If dogs are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other dogs or any other objects. Chains shall be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well fitted collar. Such chains shall be at least three (3)times the length of the dog as measured from the tip of its nose to the base of its tail. D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. E. The temperature for indoor housing facilities shall not be allowed to fall below fifty degrees Fahrenheit(50°F) for dogs not accustomed to lower temperatures. F. Disposal facilities shall be provided to minimize vermin, infestation, odors, and disease hazards. G. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. H. Commercial and pfiva+e kennels must comply with building setbacks within the applicable zoning district. Exhibit A 51 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 6 L Commercial and pr-ivate kennels may require a building permit if over one hundred twenty(120) square feet in size. Section 6. This ordinance shall be effective upon its passage and publication. Approved by the Albertville City Council this day of 12018. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Exhibit A 52 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.: 2018- AN ORDINANCE AMENDING THE CITY CODE APPENDIX A,ZONING ORDINANCE, SECTIONS 3100.4,4500.2,4500.4,AND 4600.4 RELATING TO ANIMAL KENNELS IN THE CITY OF ALBERTVILLE,MINNESOTA The City Council of the City of Albertville, Minnesota hereby ordains: Section 1. Section 3100.4, Agricultural Rural District Conditional Uses is hereby amended to read as follows: Commercial riding stables and veterinary clinics with overnight care and similar uses; provided, that: A. Any building in which animals are kept, whether roofed shelter or enclosed structure, shall be located a distance of one hundred feet(100') or more from any lot line. B. The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pen or corral may not be located closer than one hundred feet(100') from a lot line. C. The provisions of Minnesota pollution control agency regulations SW53(2), as may be amended, are complied with. D. All other applicable state and local regulations pertaining to nuisance, health and safety conditions, etc. are complied with. E. The provisions of subsection 400.2F of this ordinance are considered and satisfactorily met. F. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are met. Animal kennels and animal day care. Subject to the following conditions: A. The facility's minimum size must provide for seventy-five (75) square feet per dog and twenjy(20)square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal. B. Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility, Exhibit B 53 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 2 C. An exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. The exercise area must be one hundred(100) square feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and any animal waste must be appropriately treated before it is allowed to enter any stormwater pond or storm sewer. D. The facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixty (60) degrees and eighty(80) degrees Fahrenheit. E. A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. F. Wall finish materials below fogy-eight(48)inches in height shall be impervious, washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at least six (6) inches high, shall be installed along shared walls for sanitary confinement and water wash-down cleaning. G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily. H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City Code and all conditions of said section must be satisfied. L The property owner shall provide the city with at least fourteen (14) days'notice of the animal kennel/day care intention to vacate the premises and allow a city inspection of the premises. J. The facili . must provide sufficient, uniformly distributed lighting to the kennel area. K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are exempt from this conditional use permit requirement. L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are met. Exhibit B 54 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 3 Section 2. Section 4500.2, B-W Business Warehousing District Permitted Uses is hereby amended to read as follows: n,,;,,,al Kennels Section 3. Section 4500.4, B-W Business Warehousing District Conditional Uses is hereby amended to read as follows: Animal kennels and animal day care subject to the following conditions: A. The facility's minimum size must provide for seventy -five 75) square feet per dog and twenty(20) square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. The facilityprovide one cage or air kennel per animal. B. Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility_ C. An exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. The exercise area must be one hundred(100) square feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly, and any animal waste must be appropriately treated before it is allowed to enter any stormwater pond or storm sewer. D. The facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixtY (60) degrees and eighty (80) degrees Fahrenheit. E. A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. F. Wall finish materials below forty-eight 48)inches in height shall be impervious, washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at Exhibit B 55 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 4 least six (6) inches high, shall be installed along shared walls for sanitary confinement and water wash-down cleaning. G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily. H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City Code and all conditions of said section must be satisfied. I. The property owner shall provide the city with at least fourteen (14) days'notice of the animal kennel/day care intention to vacate the premises and allow a city inspection of the premises. J. The facili , must provide sufficient, uniformly distributed lighting to the kennel area. K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are exempt from this conditional use permit requirement. L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are met. Section 4. Section 4600.4, I-1 Limited Industrial District Conditional Uses is hereby amended to read as follows: Animal kennels and animal day care subject to the following conditions: A. The facility's minimum size must provide for seventy-five (75) square feet per dog and twenjy (20)square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal. B. Related ancillary services including training, grooming and food and accessory sales may be conducted or provided at the facility, C. An exercise area shall be provided to accommodate the periodic exercising of animals boarded at the facility. The exercise area must be one hundred(100)square feet in size for each animal that occupies that area at any one time. Any outdoor exercise area must be fenced, must have a three (3) foot vegetative buffer, must be cleaned regularly , any animal waste must be appropriately treated before it is allowed to enter any stormwater pond or storm sewer. D. The facility must have a ventilation system that prohibits the transmission of odors or organisms between tenant bays. The ventilation system must be capable of completely exchanging internal air at a rate of 1.00 cfm/square foot of floor space per area dedicated Exhibit B 56 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 5 for the keeping of animals exclusive of offices pursuant to Chapter 1346 of the Minnesota State Building Code, as may be amended, these requirements can be met by the submission of an air exchange analysis, acceptable to the city from a Minnesota licensed contractor or engineer confirming compliance with said standards, otherwise, the facility ventilation system must be completely separate and independent of other tenant space within the building. Facility air temperature must be maintained between sixty(60) degrees and eighty (80) degrees Fahrenheit. E. A sufficiently sized room/cage separate from the facility areas shall be provided to adequately separate sick or injured animals from healthy animals. F. Wall finish materials below forty-eight(48)inches in height shall be impervious, washable materials like sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface. Liquid-tight curbing, at least six (6) inches high, shall be installed along shared walls for sanitary confinement and water wash-down cleaning. G. Animal wastes shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily. H. The facility must be appropriately licensed per Section 6-2-16 of the Albertville City Code and all conditions of said section must be satisfied. L The property owner shall provide the city with at least fourteen (14) days'notice of the animal kennel/day care intention to vacate the premises and allow a city inspection of the premises. J. The facili , must provide sufficient, uniformly distributed lighting to the kennel area. K. Exemption. Veterinary clinics that board ten (10) or fewer animals and pet stores are exempt from this conditional use permit requirement. L. All requirements of chapter 2300 of this ordinance and section 6-2-18 of the city code are met. Section 5. This ordinance shall be effective upon its passage and publication. Approved by the Albertville City Council this day of 12018. Exhibit B 57 City of Albertville Ordinance No. 2018- Meeting of ,2018 Page 6 Jillian Hendrickson, Mayor ATTEST: Kimberly A. Hodena, City Clerk Exhibit B 58 Frequently Asked Questions about Service Animals and the ADA https://www.ada. og v/regs20lO/service animal ga.html U.S.Department of Justice Civil Rights Division Disability Rights Section Link to PDF Version Frequently Asked Questions about Service Animals and the ADA Many people with disabilities use a service animal in order to fully participate in everyday life.Dogs can be trained to perform many important tasks to assist people with disabilities, such as providing stability for a person who has difficulty walking,picking up items for a person who uses a wheelchair,preventing a child with autism from wandering away, or alerting a person who has hearing loss when someone is approaching from behind. The Department of Justice continues to receive many questions about how the Americans with Disabilities Act(ADA)applies to service animals. The ADArequires State and local government agencies, businesses, and non-profit organizations (covered entities)that provide goods or services to the public to make "reasonable modifications" in their policies, practices, or procedures when necessary to accommodate people with disabilities. The service animal rules fall under this general principle.Accordingly, entities that have a "no pets" policy generally must modify the policy to allow service animals into their facilities. This publication provides guidance on the ADA's service animal provisions and should be read in conjunction with the publication ADA Revised Requirements: Service Animals. Definition I General Rules I Certification and Registration Breeds Exclusion of Service Animals I Miscellaneous I Resources DEFINITION OF A SERVICE ANIMAL Ql. What is a service animal? A. Under the ADA,a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person's disability. Q2. What does "do work or perform tasks" mean? A. The dog must be trained to take a specific action when needed to assist the person with a disability. For example, a person with diabetes may have a dog that is trained to alert him when his blood sugar reaches high or low levels. Aperson with depression may have a dog that is trained to remind her to take her medication. Or, a person who has epilepsy may have a dog that is trained to detect the onset of a seizure and then help the person remain safe during the seizure. Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under theADA? 59 Exhibit C 1 of 8 2/5/2018, 12:34 PM Frequently Asked Questions about Service Animals and the ADA https://www.ada. og v/regs20lO/service animal ga.html A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA.However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws. Q4. If someone's dog calms them when having an anxiety attack, does this qualify it as a service animal? A. It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. Ifthe dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, ifthe dog's mere presence provides comfort,that would not be considered a service animal under the ADA. Q5. Does the ADA require service animals to be professionally trained? A. No. People with disabilities have the right to train the dog themselves and are not required to use a professional service dog training program. Q6. Are service-animals-in-training considered service animals under the ADA? A. No. Under the ADA,the dog must already be trained before itcan be taken into public places. However, some State or local laws cover animals that are stillintraming. GENERAL RULES Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal? A. In situations where itis not obvious that the dog is a service animal, staff may ask only two specific questions: (1)is the dog a service animal required because of a disability? and (2)what work or task has the dog been trained to perform? Staff are not allowed to request any documentation forthe dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability. Q8. Do service animals have to wear a vest or patch or special harness identifying them as service animals? A. No. The ADA does not require service animals to wear a vest, ID tag, or specific harness. Q9. Who is responsible for the care and supervision of a service animal? A. The handler is responsible for caring for and supervising the service animal, which includes toileting, feeding, and grooming and veterinary care. Covered entities are not obligated to supervise or otherwise 60 Exhibit C 2 of 8 2/5/2018, 12:34 PM Frequently Asked Questions about Service Animals and the ADA https://www.ada. og v/regs20lO/service animal ga.html care for a service animal. Q10. Can a person bring a service animal with them as they go through a salad bar or other self-service foodlines? A. Yes. Service animals must be allowed to accompany their handlers to and through self-service food lines. Similarly, service animals may not be prohibited from communal food preparation areas, such as are commonly found in shelters or dormitories. Qll. Can hotels assign designated rooms for guests with service animals, out of consideration for other guests? A. No. Aguest with a disability who uses a service animal must be provided the same opportunity to reserve any available room at the hotel as other guests without disabilities. They may not be restricted to "pet-friendly" rooms. Q12. Can hotels charge a cleaning fee for guests who have service animals? No. Hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal. However, ifa guest's service animal causes damages to a guest room, a hotel is permitted to charge the same fee for damages as charged to otherguests. Q13. Can people bring more than one service animal into a public place? A. Generally,yes. Some people with disabilities may use more than one service animal to perform different tasks. For example, a person who has a visual disability and a seizure disorder may use one service animal to assist with way-finding and another that is trained as a seizure alert dog. Other people may need two service animals for the same task, such as a person who needs two dogs to assist him or her with stability when walking. Staff may ask the two permissible questions (See Question 7) about each of the dogs. Ifboth dogs can be accommodated, both should be allowed in. In some circumstances, however, itmay not be possible to accommodate more than one service animal. For example, in a crowded small restaurant, only one dog may be able to fitunder the table. The only other place for the second dog would be in the aisle, which would block the space between tables. In this case, staff may request that one of the dogs be leftoutside. Q14. Does a hospital have to allow an in-patient with a disability to keep a service animal in his or herroom? A. Generally,yes. Service animals must be allowed inpatient rooms and anywhere else in the hospital the public and patients are allowed to go. They cannot be excluded on the grounds that staff can provide the same services. Q15. What happens if a patient who uses a service animal is admitted to the hospital and is unable to care for or supervise their animal? 61 Exhibit C 3 of 8 2/5/2018,12:34 PM Frequently Asked Questions about Service Animals and the ADA https://www.ada.gov/regs20lO/service animal ga.html A. Ifthe patient is not able to care for the service animal,the patient can make arrangements for a family member or friend to come to the hospital to provide these services, as it is always preferable that the service animal and its handler not be separated, or to keep the dog during the hospitalization. Ifthe patient is unable to care for the dog and is unable to arrange for someone else to care for the dog, the hospital may place the dog in a boarding facility until the patient is released, or make other appropriate arrangements. However, the hospital must give the patient the opportunity to make arrangements for the dog's care before taking such steps. Q16. Must a service animal be allowed to ride in an ambulance with its handler? A. Generally,yes. However, ifthe space in the ambulance is crowded and the dog's presence would interfere with the emergency medical staffs ability to treat the patient, staff should make other arrangements to have the dog transported to the hospital. CERTIFICATION AND REGISTRATION Q17. Does the ADArequire that service animals be certified as service animals? A. No. Covered entities may not require documentation, such as proof that the animal has been certified,trained, or licensed as a service animal, as a condition for entry. There are individuals and organizations that sell service animal certification or registration documents online. These documents do not convey any rights under the ADA and the Department of Justice does not recognize them as proof that the dog is a service animal. Q18. My city requires all dogs to be vaccinated. Does this apply to my service animal? A. Yes. Individuals who have service animals are not exempt from local animal control or public health requirements. Q19. My city requires all dogs to be registered and licensed. Does this apply to my service animal? A. Yes. Service animals are subject to local dog licensing and registration requirements. Q20. My city requires me to register my dog as a service animal. Is this legal under the ADA? A. No. Mandatory registration of service animals is not permissible under the ADA.However, as stated above, service animals are subject to the same licensing and vaccination rules that are applied to all 62 Exhibit C 4 of 8 2/5/2018, 12:34 PM Frequently Asked Questions about Service Animals and the ADA https://www.ada.gov/regs20lO/service animal ga.html dogs. Q21. My city /college offers a voluntary registry program for people with disabilities who use service animals and provides a special tag identifying the dogs as service animals. Is this legal under theADA? A. Yes. Colleges and other entities, such as local governments, may offer voluntary registries. Many communities maintain a voluntary registry that serves a public purpose, for example, to ensure that emergency staff know to look for service animals during an emergency evacuation process. Some offer a benefit, such as a reduced dog license fee, for individuals who register their service animals. Registries for purposes like this are permitted under the ADA.An entity may not,however, require that a dog be registered as a service animal as a condition of being permitted in public places. This would be a violation of the ADA. BREEDS Q22. Can service animals be any breed of dog? A. Yes. The ADA does not restrict the type of dog breeds that can be service animals. Q23. Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal? A. No. Aservice animal may not be excluded based on assumptions or stereotypes about the animal's breed or how the animal might behave. However, ifa particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded. Ifan animal is excluded for such reasons, staff must still offer their goods or services to the person without the animal present. Q24. If a municipality has an ordinance that bans certain dog breeds, does the ban apply to service animals? A. No. Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others. Under the "direct threat"provisions of the ADA,local jurisdictions need to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal's actual behavior or history,but they may not exclude a service animal because of fears or generalizations about how an animal or breed might behave. It is important to note that breed restrictions differ significantly from jurisdiction to jurisdiction. In fact, some jurisdictions have no breed restrictions. EXCLUSION OF SERVICE ANIMALS Q25. When can service animals be excluded? A. The ADAdoes not require covered entities to modify policies,practices, or procedures ifitwould "fundamentally alter"the nature of the goods, services, programs, or activities provided to the publ Exhibit C 63 5 of 8 2/5/2018, 12:34 PM Frequently Asked Questions about Service Animals and the ADA https://www.ada. og v/regs20lO/service animal ga.html Nor does it overrule legitimate safety requirements. If admitting service animals would fundamentally alter the nature of a service or program, service animals may be prohibited. In addition, if a particular service animal is out of control and the handler does not take effective action to control it, or if it is not housebroken, that animal may be excluded. Q26. When might a service dog's presence fundamentally alter the nature of a service or program provided to the public? A. In most settings, the presence of a service animal willnot result in a fundamental alteration. However, there are some exceptions. For example, at a boarding school, service animals could be restricted from a specific area of a dormitory reserved specifically for students with allergies to dog dander. At a zoo, service animals can be restricted from areas where the animals on display are the natural prey or natural predators of dogs, where the presence of a dog would be disruptive, causing the displayed animals to behave aggressively or become agitated. They cannot be restricted from other areas of the zoo. Q27. What does under control mean? Do service animals have to be on a leash? Do they have to be quiet and not bark? A. The ADArequires that service animals be under the control ofthe handler at all times. Inmost instances, the handler willbe the individual with a disability or a third party who accompanies the individual with a disability.In the school (K-12)context and in similar settings, the school or similar entity may need to provide some assistance to enable a particular student to handle his or her service animal. The service animal must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal's work or the person's disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal. For example, a person who uses a wheelchair may use a long, retractable leash to allow her service animal to pick up or retrieve items. She may not allow the dog to wander away from her and must maintain control of the dog, even ifitis retrieving an item at a distance from her. Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come back and signal that it is safe to enter. The dog must be off leash to do its job,but may be leashed at other times. Under control also means that a service animal should not be allowed to bark repeatedly in a lecture hall,theater, library,or other quiet place. However, if a dog barks just once, or barks because someone has provoked it,this would not mean that the dog is out of control. Q28. What can my staff do when a service animal is being disruptive? A. If service animal is out of control and the handler does not take effective action to control it,staff may request that the animal be removed from thepremises. Q29. Are hotel guests allowed to leave their service animals in their hotel room when they leave the hotel? A. No,the dog must be under the handler's control at alltimes. Q30. What happens if a person thinks a covered entity's staff has discriminated against him or her? 64 Exhibit C 6 of 8 2/5/2018, 12:34 PM Frequently Asked Questions about Service Animals and the ADA https://www.ada.gov/regs20lO/service animal ga.html A. Individuals who believe that they have been illegally denied access or service because they use service animals may file a complaint with the U.S. Department of Justice. Individuals also have the right to file a private lawsuit in Federal court charging the entity with discrimination under the ADA. MISCELLANEOUS Q31. Are stores required to allow service animals to be placed in a shopping cart? A. Generally,the dog must stay on the floor,or the person must carry the dog. For example, if person with diabetes has a glucose alert dog, he may carry the dog in a chest pack so it can be close to his face to allow the dog to smell his breath to alert him of a change in glucose levels. Q32. Are restaurants, bars, and other places that serve food or drink required to allow service animals to be seated on chairs or allow the animal to be fed at the table? A. No. Seating, food, and drink are provided for customer use only.The ADA gives a person with a disability the right to be accompanied by his or her service animal, but covered entities are not required to allow an animal to sit or be fed at the table. Q33. Are gyms, fitness centers, hotels, or municipalities that have swimming pools required to allow a service animal in the pool with its handler? A. No. The ADAdoes not override public health rules that prohibit dogs in swimming pools. However, service animals must be allowed on the pool deck and in other areas where the public is allowed to go. Q34. Are churches, temples, synagogues, mosques, and other places of worship required to allow individuals to bring their service animals into the facility? A. No. Religious institutions and organizations are specifically exempt from the ADA. However,there may be State laws that apply to religious organizations. Q35. Do apartments, mobile home parks, and other residential properties have to comply with the ADA? A. The ADA applies to housing programs administered by state and local governments, such as public housing authorities, and by places of public accommodation, such as public and private universities. In addition,the Fair Housing Act applies to virtually all types of housing, both public and privately-owned, including housing covered by the ADA.Under the Fair Housing Act,housing providers are obligated to permit, as a reasonable accommodation, the use of animals that work,provide assistance, or perform tasks that benefit persons with a disabilities, or provide emotional support to alleviate a symptom or effect of a disability.For information about these Fair Housing Act requirements see HUD's Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs. Q36. Do Federal agencies, such as the U.S. Department of Veterans Affairs, have to Exhibit C 65 7 of 8 2/5/2018, 12:34 PM Frequently Asked Questions about Service Animals and the ADA https://www.ada.gov/regs20lO/service animal ga.html comply with the ADA? A. No. Section 504 of the Rehabilitation Act of 1973 is the Federal law that protects the rights of people with disabilities to participate in Federal programs and services. For information or to file a complaint, contact the agency's equal opportunity office. Q37. Do commercial airlines have to comply with the ADA? A. No. The Air Carrier Access Act is the Federal law that protects the rights of people with disabilities in air travel. For information or to file a complaint, contact the U.S. Department of Transportation, Aviation Consumer Protection Division, at 202-366-2220. RESOURCES For more information about the ADA,please visit our website or call our toll-free number. ADA WEBSITE www.ADA.gov To receive e-mail notifications when new ADA information is available, visit the ADA Website's home page and click the link near the bottom of the right-hand column. ADA INFORMATION LINE 800-514-0301 (Voice) and 800-514-0383 (TTY) M-W,F 9:30 a.m. — 5:30 p.m. , Th 12:30 p.m. — 5:30 p.m. (Eastern Time)to speak with an ADA Specialist. Calls are confidential. For people with disabilities,this publication is available in alternate formats. Duplication of this document is encouraged. July 2015 ADA Home Page July 20,2015 66 Exhibit C 8 of 8 2/5/2018, 12:34 PM