Title
CON2013-00012 - CONDITIONAL USE FOR A BOARDING, BREEDING AND TRAINING KENNEL ON PROPERTY ZONED RR RURAL RESIDENTIAL (RR); GENERALLY LOCATED WEST OF 215TH STREET WEST, ON THE SOUTH SIDE OF 29TH STREET NORTH. (DISTRICT 3).
Presented by: John L. Schlegel, Director of Planning.
RECOMMENDED ACTION: Adopt the findings of the Metropolitan Area Planning Commission (MAPC), approve the Conditional Use subject to the conditions recommended by the MAPC, and authorize the Chairman to sign the resolution.
Body
Background: The applicants are requesting a Conditional Use for a Boarding/Breeding/Training Kennel for a maximum of 12 dogs on their RR Rural Residential (RR) zoned 4.55-acre site, located approximately 1/3-mile west of 215th Street West on the south side of 29th Street North. The Unified Zoning Code (UZC), requires a Conditional Use for a Boarding/Breeding/Training Kennel when located within the RR zoning district. The UZC’s Supplementary Use Regulation standards, Sec.III-D, 6-k., for a Boarding/Breeding/Training Kennel are as follows:
(1) Minimum Lot Area. The minimum lot size for Boarding/Breeding/Training Kennels shall be five acres, unless all animals are harbored indoors with no discernible noise or odor at the property lines.
The applicants are requesting a waiver of the 5-acre minimum property size and the requirement of keeping the dogs indoors on a less than 5-acre site. The site is 4.55 acres and the proposed facility will have outdoor runs attached to the 12 indoor kennels, which in turn are part of a proposed indoor training area housed in an existing 40-foot {x} 60-foot building. The applicants are proposing the kennels outdoor runs’ fencing be concrete block for its bottom portion to screen the dogs from each other, which could help reduce noise. The applicants also propose two outdoor training areas for one dog at a time. The Unified Zoning Code (UZC, Sec.V-D.6.), allows the Metropolitan Area Planning Commission (MAPC) to make one or more modifications to the Supplementary Use Regulations in the form of a recommendation to the Governing Body for final action.
(2) Setbacks. Outside runs, holding pens or other open-air type enclosures and shelters shall be located behind the Front Setback Line and located at least 200 feet from any Dwelling Unit other than the Owner's and at least 50 feet from Contiguous property lines.
The applicants are requesting a waiver of the location of outside runs, holding pens or other open-air type enclosures and shelters being 200 feet from any Dwelling Unit other than the Owner's.
The applicants’ outdoor runs for their kennels are located 170 feet from their east neighbor’s single-family residence. The kennels and their attached outdoor runs are attached to the west side of a 40-foot {x} 60-foot building that the applicants propose to use for indoor training of one dog at a time. The applicants could meet the 200-foot standard by re-locating the proposed kennel to a more central part of their property. This would mean that the applicants could lose the screening it provides.
(3) Screening. Screening shall be provided except for those facilities located 600 feet or more from Contiguous property lines. Screening shall be provided by Structure, solid or semi-solid Fencing, landscape materials, earth berms or natural Site features maintained for the purpose of concealing the view of the animals behind such Fence, landscape material, berm or natural feature from activities on Contiguous properties. If Fencing is used, it shall not be less than four or more than eight feet in height. If Fences over six feet in height, landscape materials or earth berms are used, a plan shall be submitted for approval to the Planning Director and Zoning Administrator. Fences used for Screening may have no more than five percent open surface. Landscape materials must provide the desired Screening effect within the first growing season following installation and throughout the year every year thereafter.
The applicants’ indoor training building screens the kennel’s outdoor runs and the north outdoor training area. Screening or landscaping providing the desired Screening effect within the first growing season following installation and throughout the year every year thereafter is needed on the south and west sides and portions of the east side.
Analysis: At the MAPC meeting held June 20, 2013, the MAPC voted (9-2-1) to recommend approval of the requested Conditional Use subject to the following conditions:
(1) The Conditional Use for a Boarding/Breeding/Training Kennel shall comply with all applicable federal, state, and local requirements including the UZC’s Supplementary Use Regulation standards, except with the following modifications to the Unified Zoning Code’s Supplementary Use Regulation standards: (a) The site shall be 4.55-acres and allow outdoor runs and training areas as shown on an approved site plan, which includes the required screening or landscaping providing the desired screening effect within the first growing season following installation and throughout the year every year thereafter, and; (b) The outdoor runs of the indoor kennels attached to the west side of the existing 40-foot {x} 60-foot accessory structure to be used for the indoor training of one dog at a time, shall be allowed no closer 170 feet west of the east single-family residence. The primary outdoor training area shall be shall be allowed no closer 170 feet west of the east single-family residence and shall be located between the west side of the kennel and the east side of the applicants house as shown on the submitted site plan. The “occasional” outside training area shown on the submitted site plan shall conform to the setback standards and shall be used for one dog at a time.
(2) The number of dogs to be boarded shall not exceed 12 dogs at any one time. No more than one dog shall be trained outdoors at any one time on either of the outdoor training areas. Dogs shall be allowed outdoors from 7:30 AM to sunset.
(3) The kennel operator shall have on file proof of rabies vaccinations by a licensed veterinarian.
(4) Cleaning of the boarding kennel facility shall be performed as often as necessary to maintain sanitary conditions. A suitable method of eliminating excess water from animal housing facilities shall be provided as approved by the Metropolitan Area Building and Construction Department. Interior surface materials shall be constructed of non-porous materials that are impervious to moisture.
(5) Sufficient quantities of food and water shall be provided to keep the dogs in good physical condition. The animals shall be fed at least once daily and provided clean water at all times. Food and water containers shall be located to minimize contamination and shall be cleaned as often as necessary to maintain sanitary conditions.
(6) All waste materials shall be disposed of in such a manner as to minimize odors and disease hazards. The boarding kennel shall be maintained in a sanitary manner as required by applicable codes. All solid waste generated by the boarding, breeding and training kennel must be removed from the site and shall not be discharged into the residential sewage lagoon on-site or any other on-site disposal system. Contact the Metropolitan Area Building and Construction Department to discuss their solid waste disposal plans.
(7) The animals confined in the boarding kennel shall be maintained in good physical condition, free of infectious diseases and parasites.
(8) The applicant shall obtain all applicable permits including, but not limited to building, health and zoning.
(9) The boarding facility shall be open to the unannounced inspection by Metropolitan Area Building and Construction Department personnel during reasonable daylight hours to insure continued compliance with the above requirements.
(10) The Conditional Use is permitted a 20 square-foot rock sign placed in close proximity to the Kennel office on the 29th Street North frontage, as approved by County Permits and Code.
(11) The property shall be developed and maintained in accordance with the site plan approved by the Planning Director, showing screening, all buildings, parking, and other applicable features of the site.
(12) The Conditional Use shall be in effect as long the original applicants, Henry T. Cocking & Lyneisa M. Cocking, live on the described property (see legal) and run the kennel. At any time that the original applicants do not live on the described property and run the kennel, the Conditional Use shall be null and void. The applicants shall record a covenant with the Sedgwick County Register of Deeds tying this restriction to the described property.
(13) If the Zoning Administrator finds that there is a violation of any of the conditions of this Conditional Use, the Zoning Administrator may, with the concurrence of the Planning Director, declare the Conditional Use null and void.
The recommended modifications to Supplementary Use Regulations by the MAPC require the request to be forwarded to the County Commission for final action; UZC, Sec.V-D.6. A citizen was present at the MAPC to speak against the request. Valid protests to the request totaling 39.52% of the net land within the protest area have been received by staff. Protests to a County Conditional Use request require final action by the County Commission; UZC, Sec.V-D.10.
Alternatives: Alternatives:
1. Adopt the findings of the MAPC, approve the Conditional Use, subject to the recommended conditions, authorize the Chairman to sign the resolution and authorize the resolution to be published (three-fourths majority vote required because of protests).
2. Deny the Conditional Use and override the MAPC’s recommendation (requires a two-third majority vote).
3. Return such recommendation to the MAPC with a statement specifying the basis for the BOCC’s failure to approve or disapprove (requires a simple majority vote).
Financial Considerations: There are not any additional financial considerations to the County associated with this application.
Legal Considerations: Approved as to form and signed by County Counselor’s Office: The City and County are authorized by K.S.A. 12-741, et seq. to adopt and amend a comprehensive plan, joint zoning code and official zoning map. The City and County have done so, and in that code have provided for the zoning of properties, including overlay districts, planned unit developments, protective overlays, conditional uses and community unit plans.
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Outside Attendees: Henry T. & Lyneisa M. Cocking (Applicants)
Multimedia Presentation: PowerPoint