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HomeMy WebLinkAboutZ-8404 Staff AnalysisITEM NO.: 12. Z-8404 NAME: The Dog House Short -form PCD LOCATION: located at 2619 Kavanaugh Boulevard Planning Staff Comments: 1. Provide notification of property owners located within 200 feet of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notices must be mailed no later than October 15, 2008. The Office of Planning and Development must receive the proof of notice no later than October 24, 2008. 2. Provide the number of pets served. 3. Provide the days and hours of operation. 4. Provide the days and hours of outdoor play activity. 5. Provide the number of pets outdoors at one time. 6. Provide the number of employees. 7. Provide details of any proposed or existing fencing more particularly around the play area. 8. The request includes the allowance of C-3, General Commercial District uses as allowable uses and the addition of an outdoor play area for pets as an allowable use. Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: water meter(s) are required. Contact Central Arkansas Water if larger and/or additional Fire Der)artment: No comment. County Planning: No comment. Item # 12. CATA: The site is located on CATA Bus Route #1 — the Pulaski Height Route. Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for The Dog House Planned Commercial Development. The application is for commercial use. The requested use does not require a change to the Land Use Plan, Master Street Plan: Kavanaugh Boulevard is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan. A Class III is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The Zoning and Land Use goal states: "Revamp how commercial property is developed, locating structures up to the property line at the street and placing parking in the rear, thereby making the street fagade permeable." Landscape: The site plan must comply with the City's landscape and buffer ordinance requirements. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, October 15, 2008. Item # 12. October 30, 2008 ITEM NO.: 12 NAME: The Dog House Short -form PCD LOCATION: Located at 2619 Kavanaugh Boulevard DEVELOPER: Dog House Bath and Grooming, LLC 2619 Kavanaugh Boulevard Little Rock, AR 72205 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 FILE NO.: Z-8404 AREA: 0.29 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial District uses PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses and the allowance of Outdoor Runs VARIANCESM/AIVERS REQUESTED: None requested. A. PROPOSAUREQUEST: The Dog House operates a dog grooming, bathing, daycare and limited boarding facility. The business has also incorporated an outdoor area just behind the building that is used during the business hours of 8:30 am to 5:30 pm daily. The outdoor play area is not an allowable use under the current zoning. The activity was recently brought to staff who then informed the applicant of the need for rezoning if the outdoor activity was to remain. The property is zoned C-3, General Commercial District and the applicant is seeking a rezoning to Planned Commercial Development, PCD, to allow the addition of an outdoor play area for pets as an allowable use. October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont.) FILE NO.: Z-8404 The applicant has indicated no dogs will be boarded or left outdoors overnight. The kennel capacity for the facility is 25 to 30 dogs. The business employs seven fulltime staff and on average four part time high school students. B. EXISTING CONDITIONS: The site is located within the commercial district of Hillcrest. Within this area there are a number of uses including commercial, office, a US Post Office, single-family and multi -family residences. South of the site are single-family homes fronting Ash Street and one additional home is located overlooking the site fronting on Walnut Street. East of the site is a commercial business fronting Kavanaugh Boulevard and office user located in the rear. North of the site are office and small commercial users. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Hillcrest Residents Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. 2 October 30, 2008 SUBDIVISION TEM NO.: 12 (Cont. ILE NO.: Z-8404 CATA: The site is located on CATA Bus Route #1 — the Pulaski Height Route. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for The Dog House Planned Commercial Development. The application is for commercial use. The requested use does not require a change to the Land Use Plan. Master Street Plan: Kavanaugh Boulevard is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III Bike Route is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class- III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The Zoning and Land Use goal states: "Revamp how commercial property is developed, locating structures up to the property line at the street and placing parking in the rear, thereby making the street fagade permeable." Landscape, 1. The site plan must comply with the City's landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was present. Staff presented an overview of the development stating there were a few outstanding issues associated with the request. Staff requested the applicant provide the days and hours of outdoor play activity and the fencing located around the play area. Staff also requested the applicant provide the number of employees of the business. Public Works comments were addressed. Staff questioned how the area was cleaned. The applicant stated all solids were picked up and the pad was swept then hosed off. Staff questioned if the solids were washed to the City's storm sewer system. The applicant stated there were no solids washed into the City's storm water system. 3 October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-8404 Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. The revised cover letter indicates the days and hours of outdoor play activity and the fencing located around the play area. The business employs seven fulltime staff and on average four part time high school students. The request is to rezone the site from the current C-3, General Commercial District to Planned Commercial Development to add the outdoor play area as an allowable use for the site. There are no exterior modifications proposed to the building. The play area was previously installed at the rear of the building and is fenced with a six foot chain link fence. The area is secured with a double gate system to minimize the chance of pets escaping when the gate is open to add or remove a dog. Staff is supportive of the request. The applicant operates a dog grooming, bathing, daycare and limited boarding facility with a kennel capacity of 25 to 30 dogs. The request is to rezone the site to PCD to allow the addition of an outdoor play area as an allowable use. The Dog House will not place any animals outdoors when the business is not open for business. The business hours are from 8:30 am to 5:30 pm daily. Staff feels the addition of the outdoor activity limited to the hours of the business and limited to this applicant's ownership is appropriate. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with 0 October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. Mr. Robert Smith was present as the applicant. He stated his business was bathing, grooming and boarding. He stated there was a small pen located within the rear of the existing building where dogs were placed to allow them to be outdoors. He stated there was never more than ten dogs outdoors and no dogs were ever left overnight. He stated he would leave the remainder of his time for rebuttal. Mr. Steve Giles representing Mr. and Mrs. Back, adjacent property owners, addressed the Commission. Mr. Giles stated his clients were opposed to the rezoning of the site to allow the animals outdoors. He stated the Backs were also opposed to the boarding aspect of the business but understood the boarding was not an issue for discussion. Mr. Giles stated the site was unique in that there was an eight foot wall behind the building with the home located on top of the wall the sound amplified. He stated the Backs had owned their home for 28 years and chose to move because of the noise. He stated the Dog House would place 15 to 20 dogs within the enclosure with no supervision. He stated once dogs got together it was practice for them to meet and great by barking. He stated once the barking stated within the alley then the dogs living on the south side of the Backs would then start barking which in turn started a neighborhood chorus. He stated Hillcrest was a unique area in that business and residents could co -exist. He stated the Back's home was located adjacent to the back of the business which typically had limited activity. Mr. Giles stated the Dog House allowed boarding and advertised specials and discounts for keeping animals for extended periods of time. He stated his clients felt the outdoor activity was an allowable use under the current zoning. He stated rather than object his clients moved to avoid confrontation. Mr. Ed Back addressed the Commission in opposition of the request. He stated he and his wife had lived in the area for 28 years prior to moving due to the noise. He stated his home was constructed in 1903. He stated he had renovated his home and taken great pride in the renovation and the neighborhood. He stated when he bought his home Hillcrest was not what it is today. He stated he had placed his home on the market and been unable to sell the home due to the barking dogs. He stated he enjoyed living in the neighborhood and welcomed the commercial into the area. He stated he did not welcome a commercial use which affected his quality of life. Ms. Rose Back addressed the commission in opposition of the request. She provided the Commission with letters of neighbors and area business owners in opposition of the request. She stated the dog barking was both a public and private nuisance. She stated she felt if Hillcrest Residents Association was aware of the request they too would join in the opposition. 5 October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont) FILE NO.: Z-8404 Mr. Smith stated he was sorry and was not aware of the problem. He stated he wished the Back's had approached him to discuss the problem and he would have tried to address their concerns. He stated he had been in business for 7 '/2 years and never once had he received a complaint until recently when City staff contacted him concerning the use. He stated he did not advertise. He stated he did not offer discounts for boarding extended periods of time. He stated the capacity of the outdoor pen was 10 dogs. He stated the pen was a 20-foot by 40-foot pen. He stated the dogs were not taken out before 8:30 am and all dogs were inside before 5:30 pm. The Commission questioned the square footage per dog. Staff stated they were aware there was an ordinance but was not familiar enough with the ordinance to quote the square footage per dog required. The Commission questioned the capacity of the boarding facility. Mr. Smith stated he did not feel this was of interest to the Commission since the activity was taking place indoors. The Commission stated they desired to know the capacity of the boarding facility. Mr. Smith stated a maximum of 30 to 35 animals. There was a general discussion of the Commission concerning the proposed use of the site and the allowance of the outdoor activity. The chair entertained a motion for approval as recommended by staff. The motion failed by a vote of 1 ayes, 9 noes, 0 absent and 1 open position. 0 October 30, 2008 ITEM NO.: 12 FILE NO.: NAME: The Dog House Short -form PCD LOCATION: Located at 2619 Kavanaugh Boulevard DEVELOPER: Dog House Bath and Grooming, LLC 2619 Kavanaugh Boulevard Little Rock, AR 72205 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 AREA: 0.29 acres NUMBER OF LOTS: 1 Zoning Lot FT. NEW STREET: 0 LF CURRENT ZONING: C-3, General Commercial District ALLOWED USES: General Commercial District uses PROPOSED ZONING: PCD PROPOSED USE: C-3, General Commercial District uses and the allowance of Outdoor Runs VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The Dog House operates a dog grooming, bathing, daycare and limited boarding facility. The business has also incorporated an outdoor area just behind the building that is used during the business hours of 8:30 am to 5:30 pm daily. The outdoor play area is not an allowable use under the current zoning. The activity was recently brought to staff who then informed the applicant of the need for rezoning if the outdoor activity was to remain. The property is zoned C-3, General Commercial District and the applicant is seeking a rezoning to Planned Commercial Development, PCD, to allow the addition of an outdoor play area for pets as an allowable use. 'October 30, 2008 SUBDIVISION ITEM NO.: 12 FILE NO.: Z-8404 The applicant has indicated no dogs will be boarded or left outdoors overnight. The kennel capacity for the facility is 25 to 30 dogs. The business employs seven fulltime staff and on average four part time high school students. B. EXISTING CONDITIONS: The site is located within the commercial district of Hillcrest. Within this area there are a number of uses including commercial, office, a US Post Office, single-family and multi -family residences. South of the site are single-family homes fronting Ash Street and one additional home is located overlooking the site fronting on Walnut Street. East of the site is a commercial business fronting Kavanaugh Boulevard and office user located in the rear. North of the site are office and small commercial users. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Hillcrest Residents Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Ener : No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. County Planning: No comment. 2 October 30, 2008 SUBDIVISION O.: 12 (Cont. FILE NO.: Z-8404 CATA: The site is located on CATA Bus Route #1 — the Pulaski Height Route. F. ISSUES/TECHNICAL/DESIG Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for The Dog House Planned Commercial Development. The application is for commercial use. The requested use does not require a change to the Land Use Plan. Master Street Plan: Kavanaugh Boulevard is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III Bike Route is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The Zoning and Land Use goal states: "Revamp how commercial property is developed, locating structures up to the property line at the street and placing parking in the rear, thereby making the street facade permeable." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was present. Staff presented an overview of the development stating there were a few outstanding issues associated with the request. Staff requested the applicant provide the days and hours of outdoor play activity and the fencing located around the play area. Staff also requested the applicant provide the number of employees of the business. Public Works comments were addressed. Staff questioned how the area was cleaned. The applicant stated all solids were picked up and the pad was swept then hosed off. Staff questioned if the solids were washed to the City's storm sewer system. The applicant stated there were no solids washed into the City's storm water system. 3 October 30, 2008 SUBDIVISION ITEM NO.: 1 FILE NO.: Z-8404 Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. The revised cover letter indicates the days and hours of outdoor play activity and the fencing located around the play area. The business employs seven fulltime staff and on average four part time high school students. The request is to rezone the site from the current C-3, General Commercial District to Planned Commercial Development to add the outdoor play area as an allowable use for the site. There are no exterior modifications proposed to the building. The play area was previously installed at the rear of the building and is fenced with a six foot chain link fence. The area is secured with a double gate system to minimize the chance of pets escaping when the gate is open to add or remove a dog. Staff is supportive of the request. The applicant operates a dog grooming, bathing, daycare and limited boarding facility with a kennel capacity of 25 to 30 dogs. The request is to rezone the site to PCD to allow the addition of an outdoor play area as an allowable use. The Dog House will not place any animals outdoors when the business is not open for business. The business hours are from 8:30 am to 5:30 pm daily. Staff feels the addition of the outdoor activity limited to the hours of the business and limited to this applicant's ownership is appropriate. I. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with 0 October 30, 2008 SUBDIVISION ITEM NO.: 12(Cont.) FILE NO.: Z-8404 the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. Mr. Robert Smith was present as the applicant. He stated his business was bathing, grooming and boarding. He stated there was a small pen located within the rear of the existing building where dogs were placed to allow them to be outdoors. He stated there was never more than ten dogs outdoors and no dogs were ever left overnight. He stated he would leave the remainder of his time for rebuttal. Mr. Steve Giles representing Mr. and Mrs. Back, adjacent property owners, addressed the Commission. Mr. Giles stated his clients were opposed to the rezoning of the site to allow the animals outdoors. He stated the Backs were also opposed to the boarding aspect of the business but understood the boarding was not an issue for discussion. Mr. Giles stated the site was unique in that there was an eight foot wall behind the building with the home located on top of the wall the sound amplified. He stated the Backs had owned their home for 28 years and chose to move because of the noise. He stated the Dog House would place 15 to 20 dogs within the enclosure with no supervision. He stated once dogs got together it was practice for them to meet and great by barking. He stated once the barking stated within the alley then the dogs living on the south side of the Backs would then start barking which in turn started a neighborhood chorus. He stated Hillcrest was a unique area in that business and residents could co -exist. He stated the Back's home was located adjacent to the back of the business which typically had limited activity. Mr. Giles stated the Dog House allowed boarding and advertised specials and discounts for keeping animals for extended periods of time. He stated his clients felt the outdoor activity was an allowable use under the current zoning. He stated rather than object his clients moved to avoid confrontation. Mr. Ed Back addressed the Commission in opposition of the request. He stated he and his wife had lived in the area for 28 years prior to moving due to the noise. He stated his home was constructed in 1903. He stated he had renovated his home and taken great pride in the renovation and the neighborhood. He stated when he bought his home Hillcrest was not what it is today. He stated he had placed his home on the market and been unable to sell the home due to the barking dogs. He stated he enjoyed living in the neighborhood and welcomed the commercial into the area. He stated he did not welcome a commercial use which affected his quality of life. Ms. Rose Back addressed the commission in opposition of the request. She provided the Commission with letters of neighbors and area business owners in opposition of the request. She stated the dog barking was both a public and private nuisance. She stated she felt if Hillcrest Residents Association was aware of the request they too would join in the opposition. 5 October 30, 2008 SUBDIVISION ITEM NO.: 12 (Cont. FILE NO.: Z-8404 Mr. Smith stated he was sorry and was not aware of the problem. He stated he wished the Back's had approached him to discuss the problem and he would have tried to address their concerns. He stated he had been in business for 7 Y2 years and never once had he received a complaint until recently when City staff contacted him concerning the use. He stated he did not advertise. He stated he did not offer discounts for boarding extended periods of time. He stated the capacity of the outdoor pen was 10 dogs. He stated the pen was a 20-foot by 40-foot pen. He stated the dogs were not taken out before 8:30 am and all dogs were inside before 5:30 pm. The Commission questioned the square footage per dog. Staff stated they were aware there was an ordinance but was not familiar enough with the ordinance to quote the square footage per dog required. The Commission questioned the capacity of the boarding facility. Mr. Smith stated he did not feel this was of interest to the Commission since the activity was taking place indoors. The Commission stated they desired to know the capacity of the boarding facility. Mr. Smith stated a maximum of 30 to 35 animals. There was a general discussion of the Commission concerning the proposed use of the site and the allowance of the outdoor activity. The chair entertained a motion for approval as recommended by staff. The motion failed by a vote of 1 ayes, 9 noes, 0 absent and 1 open position. lei FILE NO.: Z-8404 NAME: The Dog House Short -form PCD LOCATION: Located at 2619 Kavanaugh Boulevard DEVELOPER: Dog House Bath and Grooming, LLC 2619 Kavanaugh Boulevard Little Rock, AR 72205 SURVEYOR: Donald Brooks Surveying 20820 Arch Street Pike Hensley, AR 72036 AREA: 0.29 acres CURRENT ZONING: ALLOWED USES PROPOSED ZONING: PROPOSED USE: NUMBER OF LOTS: 1 Zoning Lot C-3, General Commercial District General Commercial District uses PCD FT. NEW STREET: 0 LF C-3, General Commercial District uses and the allowance of Outdoor Runs VARIANCESMAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST: The Dog House operates a dog grooming, bathing, daycare and limited boarding facility. The business has also incorporated an outdoor area just behind the building that is used during the business hours of 8:30 am to 5:30 pm daily. The outdoor play area is not an allowable use under the current zoning. The activity was recently brought to staff who then informed the applicant of the need for rezoning if the outdoor activity was to remain. The property is zoned C-3, General Commercial District and the applicant is seeking a rezoning to Planned Commercial Development, PCD, to allow the addition of an outdoor play area for pets as an allowable use. FILE NO.: Z-8404 (Cont. The applicant has indicated no dogs will be boarded or left outdoors overnight. The kennel capacity for the facility is 25 to 30 dogs. The business employs seven fulltime staff and on average four part time high school students. B. EXISTING CONDITIONS: The site is located within the commercial district of Hillcrest. Within this area there are a number of uses including commercial, office, a US Post Office, single-family and multi -family residences. South of the site are single-family homes fronting Ash Street and one additional home is located overlooking the site fronting on Walnut Street. East of the site is a commercial business fronting Kavanaugh Boulevard and office user located in the rear. North of the site are office and small commercial users. C. NEIGHBORHOOD COMMENTS: As of this writing, staff has received several informational phone calls from area property owners. All property owners located within 200 feet of the site, all residents, who could be identified, located within 300 feet of the site and the Hillcrest Residents Association were notified of the Public Hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: No comment received. AT & T: No comment received. Central Arkansas Water: Contact Central Arkansas Water if larger and/or additional water meter(s) are required. Fire Department: No comment. Counly Planning: No comment. CATA: The site is located on CATA Bus Route #1 — the Pulaski Height Route. 2 FILE NO.: Z-8404 (Cont. F. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Heights Hillcrest Planning District. The Land Use Plan shows Commercial for this property. The applicant has applied for a rezoning for The Dog House Planned Commercial Development. The application is for commercial use. The requested use does not require a change to the Land Use Plan. Master Street Plan: Kavanaugh Boulevard is shown as a Collector. The primary function of a Collector Street is to provide a connection from Local Streets to Arterials. This street may require dedication of right-of-way and may require street improvements for entrances and exits to the site. Bicycle Plan: A Class III Bike Route is shown along Kavanaugh Boulevard. A Class III bikeway is a signed route on a street shared with traffic. No additional paving or right-of-way is required. Class III bicycle route signage may be required. Neighborhood Action Plan: This area is covered by the Hillcrest Neighborhood Plan. The Zoning and Land Use goal states: "Revamp how commercial property is developed, locating structures up to the property line at the street and placing parking in the rear, thereby making the street fagade permeable." Landscape: 1. The site plan must comply with the City's landscape and buffer ordinance requirements. G. SUBDIVISION COMMITTEE COMMENT: (October 9, 2008) The applicant was present. Staff presented an overview of the development stating there were a few outstanding issues associated with the request. Staff requested the applicant provide the days and hours of outdoor play activity and the fencing located around the play area. Staff also requested the applicant provide the number of employees of the business. Public Works comments were addressed. Staff questioned how the area was cleaned. The applicant stated all solids were picked up and the pad was swept then hosed off. Staff questioned if the solids were washed to the City's storm sewer system. The applicant stated there were no solids washed into the City's storm water system. Staff noted comments from the various other reporting departments and agencies suggesting the applicant contact these agencies for additional information. There being no further issues for discussion, the Committee then forwarded the item to the full Commission for final action. 3 FILE NO.: Z-8404(Cont.) H. ANALYSIS: The applicant submitted a revised cover letter to staff addressing the issues raised at the October 9, 2008, Subdivision Committee meeting. The revised cover letter indicates the days and hours of outdoor play activity and the fencing located around the play area. The business employs seven fulltime staff and on average four part time high school students. The request is to rezone the site from the current C-3, General Commercial District to Planned Commercial Development to add the outdoor play area as an allowable use for the site. There are no exterior modifications proposed to the building. The play area was previously installed at the rear of the building and is fenced with a six foot chain link fence. The area is secured with a double gate system to minimize the chance of pets escaping when the gate is open to add or remove a dog. Staff is supportive of the request. The applicant operates a dog grooming, bathing, daycare and limited boarding facility with a kennel capacity of 25 to 30 dogs. The request is to rezone the site to PCD to allow the addition of an outdoor play area as an allowable use. The Dog House will not place any animals outdoors when the business is not open for business. The business hours are from 8:30 am to 5:30 pm daily. Staff feels the addition of the outdoor activity limited to the hours of the business and limited to this applicant's ownership is appropriate. STAFF RECOMMENDATIONS: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. PLANNING COMMISSION ACTION: (OCTOBER 30, 2008) The applicant was present. There were registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation the approval be limited to this applicant and the hours of outdoor activity be limited to 8:30 am to 5:30 pm daily. Mr. Robert Smith was present as the applicant. He stated his business was bathing, grooming and boarding. He stated there was a small pen located within the rear of the existing building where dogs were placed to allow them to be outdoors. He stated there was never more than ten dogs outdoors and no dogs were ever left overnight. He stated he would leave the remainder of his time for rebuttal. 0 FILE NO.: Z-8404 (Cont.) Mr. Steve Giles representing Mr. and Mrs. Back, adjacent property owners, addressed the Commission. Mr. Giles stated his clients were opposed to the rezoning of the site to allow the animals outdoors. He stated the Backs were also opposed to the boarding aspect of the business but understood the boarding was not an issue for discussion. Mr. Giles stated the site was unique in that there was an eight -foot wall behind the building with the home located on top of the wall the sound amplified. He stated the Backs had owned their home for 28 years and chose to move because of the noise. He stated the Dog House would place 15 to 20 dogs within the enclosure with no supervision. He stated once dogs got together it was practice for them to meet and great by barking. He stated once the barking stated within the alley then the dogs living on the south side of the Backs would then start barking which in turn started a neighborhood chorus. He stated Hillcrest was a unique area in that business and residents could co -exist. He stated the Back's home was located adjacent to the back of the business which typically had limited activity. Mr. Giles stated the Dog House allowed boarding and advertised specials and discounts for keeping animals for extended periods of time. He stated his clients felt the outdoor activity was an allowable use under the current zoning. He stated rather than object his clients moved to avoid confrontation. Mr. Ed Back addressed the Commission in opposition of the request. He stated he and his wife had lived in the area for 28 years prior to moving due to the noise. He stated his home was constructed in 1903. He stated he had renovated his home and taken great pride in the renovation and the neighborhood. He stated when he bought his home Hillcrest was not what it is today. He stated he had placed his home on the market and been unable to sell the home due to the barking dogs. He stated he enjoyed living in the neighborhood and welcomed the commercial into the area. He stated he did not welcome a commercial use which affected his quality of life. Ms. Rose Back addressed the commission in opposition of the request. She provided the Commission with letters of neighbors and area business owners in opposition of the request. She stated the dog barking was both a public and private nuisance. She stated she felt if Hillcrest Residents Association was aware of the request they too would join in the opposition. Mr. Smith stated he was sorry and was not aware of the problem. He stated he wished the Back's had approached him to discuss the problem and he would have tried to address their concerns. He stated he had been in business for 7 Y2 years and never once had he received a complaint until recently when City staff contacted him concerning the use. He stated he did not advertise. He stated he did not offer discounts for boarding extended periods of time. He stated the capacity of the outdoor pen was 10 dogs. He stated the pen was a 20-foot by 40-foot pen. He stated the dogs were not taken out before 8:30 am and all dogs were inside before 5:30 pm. 5 FILE NO.: Z-8404 (Cont. The Commission questioned the square footage per dog. Staff stated they were aware there was an ordinance but was not familiar enough with the ordinance to quote the square footage per dog required. The Commission questioned the capacity of the boarding facility. Mr. Smith stated he did not feel this was of interest to the Commission since the activity was taking place indoors. The Commission stated they desired to know the capacity of the boarding facility. Mr. Smith stated a maximum of 30 to 35 animals. There was a general discussion of the Commission concerning the proposed use of the site and the allowance of the outdoor activity. The chair entertained a motion for approval as recommended by staff. The motion failed by a vote of 1 ayes, 9 noes, 0 absent and 1 open position. [1