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Home My WebLink About03/13/1996 P&Z PacketPLANNING & ZONING BOARD AGENDA March 13, 1996 6:30 P.M. SCANNED I. Call to Order and Roll Call: II. Approval of Minutes: February 14, 1996 III. Approval of Agenda - Changes/Additions IV. Open Mike: V. Action Items: A. Centennial School - Elm Street - PUBLIC HEARING 1. Rezoning From LI and R-1 to PSP 2. Minor Subdivision - to combine all parcels 3. Site Plan/Conditional Use Permit - to allow Middle School in a PSP Zoning District 4. Roadway Alignment - UPDATE B. Metropolitan Council Environmental Services -Ware Road Site Plan Review C. Progressive Engineering - Apollo Drive Site Plan Review D. Ed Vaughn, MUSA Amendment, Pheasant Hills 7 Public Hearing - WITHDRAWN BY APPLICANT E. Animal Ordinance - Public Hearing VI. Discussion Items VII. Adjournment )P....T,N;4t.V5ZSYN)MU tc Progressive Engineering, 450 Apollo Drive, Site Plan Review/Minot. ,_'v o Progressive Engineering is planning to construct a 16, 000 square foot office/manufacturing facility in the Apollo Business Park on a'parcel of property approximately 2.5 acres in size. The property is Zoned General Industrial and will be located immediately south of the Fogerty/Custom Remodelers site. Along with the site plan review, the developer is requesting approval of a minor subdivision for this 2.5 acres parcel. A survey for this project is currently being prepared and will be available for Council review. The City's Economic Development Department has been working with Progressive Engineering and would recommend approval of the sroposd site plan and minor subdivision. The Company is owner copied and has been located in Blaine forthe last 15 years. They have a proprietary design for opticalCoatingsystems and. contracts with companies such as Unisys and Federal Cartridge. Progressive Engineering employs 20 people at this time and would plan on adding approximately 2 employees per year. A future expansion area is indicated on the plan and is planned within the next five to ten years. SITE FLAW REVIEW: SETBACKS: The proposed building meets or exceeds the setback requirements established by the Zoning Ordinance for the building and the parking area. In addition, the building will be prinklered as required by the UBC. BUILDINFE GHT: The proposed structure will be 20' in height which is below the 45' maximum height allowed in the GI Zoning District. GREENIAREA: A minimum of 10% green area is required by the ordinance and will be exceeded at this time. We would advise the applicant that this requirement must be adhered to concerning any expansion of the site. LANDSCAPING. A landscape plan has been provided and is currently being reviewed for species type and suitability by our City Forester. His comments will be available prior to the P & Z meeting. Staff would encourage additional evergreen type plantings on the 35W side of the project. AESTHETIC COMPATIBILITY: The exterior of the proposed constructed is indicated as painted rockface block with a single score block accent. A unique entrance design is planned with a curved front treatment to the building. Color selections are planned earth tones. OFF-STREET PARKING: There are a total of 41 parking spaces shown on the site plan including one handicapped space. Additional parking is planned for the future expansion to the north of the building. The 41 spaces provided exceed the requirements of the ordinance at this time and should be adequate to serve the site. CIRCULATION AND ACCESS: One access .drive is provided to serve this site and the undeveloped property to the south. The drive is proposed to be 40' in width and should adequate serve both parcels. A Shared Driveway Agreement will be required as a condition of approval for this site plan as is the standard practice for development in the Apollo Business Park. LOADING AND TRASH HANDLING: A refuse enclosure has been provided on the south side of the building and will be screened from the public right of way by a 6-8' high enclosure. LIGHTING: The off street parking area must be illuminated so as to reflect light away from the adjoining properties and street right of way. SIGNS: The City Sign Ordinance provides a ground sign closer than 20' to the front property line. We would advise the applicant that all signage will require permits and must meet the current sign ordinance requirements. UTILITIES, DRAINAGE AND GRADING: Plans for onsite grading, drainage and utilities will be subject to review and approval by the City Engineer. A 30' easement runs along the easterly property line to carry drainage to an existing ponding area south of this site. This area must be kept free of plantings, parking, and other items that would prohibit the proper function of this drainage easement as determined by the City Engineer. In summary, Staff would concur with EDAB and recommend approval of the Site Plan Review and Minor Subdivision with the following conditions: 1. Proper building permits be obtain prior to any construction. 4. 2. The applicant shall sign a development agreement and post financial guarantees as specified by the City prior to issuance of the building permit. The development agreement shall include provisions for a shared driveway. 3. The City Engineer shall review and approve the grading, utility and drainage plans. 4. Proper signs permits shall be obtained prior to installation of any signage. 5. The City Forester shall review and approve the landscape plan. 6. Roof top heating and ventilating units shall be screened and/or blended with the design and coloring of the building. 7. The parking area shall be constructed according to City Standards including concrete curb, gutter bituminous paving and handicapped spaces as required by the ADA Rules and Regulations. -ision be ' ed an OPTIONS C� Lit, 6-1 1. Approve Site Plan Review and Minor Subdivision with conditions outlined above. 2. Return to staff for further consideration. —RECOMMENDATION:* Option 1 APOLLO BUSINESS PARK LINA s 1 CITY OF LINO LAKES, ANOKA COUNTY. MINNESOTA T. LE District 1-7 FUTURE IPARKING r v 1 SITE PLAN FUTURE BUILDING EXPANSION PROPOSED BUDDING 16,000 SO. FT. elm IRAN X Fax to z i -r I wow I I I I I I r . 2a -r MAO= PAWN A t/12 n 6 6/12 CURB CUT n ACCESSIBLE CURB CUT (-4-ACCESS. PARKING SIGN (-I -� • >r• � . n ACCESSIBLE CURB CUT (-4-ACCESS. PARKING SIGN =� ■ ilii: I:.I:3' 4'00'1 QNORTNEAST ELEVATION 10107Act NAM PAWED mat I f-4• at QSOUTNEAST ELEVATION IOLVIL VC .Nit ■ OSOUTHIIEST ELEVATION Ai ei t. :::■ ■:::: 1:...........■ ,:er ail! ill It ONORTHWEST ELEVATION Ur•r-V (7)NORTH ELEVATION 77h s AaErr7D S� SF-PET 04 pprO%FS •. ROA, osTg£:A7awrc+ 079iniTAINED ;wTIgiofmRl, GRaun�v, Cmec f SYri i304; • CA V.11.4', R .ic )10 Z: – I--,,-.1..p1A._ g "-zli4 v's` C;;;Flol__ cp., z:... ... - - • . . .2..1.•.4' ,L. ....L. ......_ ._..zi_"_.. -' --- .. i *;-1.-?*4 : 1.•:1.. ;'` ..k.-1...,.. :--, - - -- .. . --. . ... r .., .. 6p 4i5;.y...c „I „ . . , • . ; .42;*.C.A... , . -,- - 1 - . ' - 5- e . '1.114.-- Pru 2t 2,A..•'.,.. • ... -'44-`4,---i* - ..,.. s., ... . Nutt& ,. ;_..... _. . .. ..... . . ' . . - .; • * ' ' i r•Z' PO glf-A. : .._5a11.. _...._ - .•.1 7. Valle4 (1:&.a_e4416,.3_,40...52e!5.x. ...ort cr• P4._15_15.-__M•ite-1-. 1"-,5e€s Aso 11,. rat _ 1(.%4 ,A11_ 5re E' -`51h.4 - 5L Ja LAMPE RATA ARCH 1 TEiS 543 138 Avoreu• Anoka- AIN SS3O4 1•6:1112,/kt ••••*:`"i. UJ Ore.n Sy CRS Cheek. 8y Revisions 02.28.96 AGENDA ITEM V B STAFF ORIGINATOR Mary Kay Wyland DATE March 7, 1996 TOPIC Metropolitan Council Environmental Services (MCES), 6290 Ware Road, Site Plan Review This case involves a request to construct a building resembling a single family home on Outlots A and B of the Pine Ridge 3rd Addition that will house a MECS Sanitary Sewer Lift Station. The construction of this Sanitary Sewer Lift Station is critical in order to handle increasing sanitary sewer needs for the City of Lino Lakes. Construction of this project was originally anticipated for the Fall of 1995 and is now expected to be;complete in the late fall of 1996. The MCES has already held public hearings and neighborhood meetings concerning the construction of the force main that will service this lift station and actual construction of the main is anticipated in the near future. The force main will run south on Ware Road and then west on Co. Rd. J. (Ash Street) to approximately Lexington Avenue where it will connect with an existing interceptor. This item is being presented to the Planning & Zoning Board for review as any construction, other than single family, in an'R1-X Zoning District requires a site plan review. SITE EVALUATION: The proposed construction will consist of a building approximately 1100 square feet in area very similar to a single family home. It will include the appearance of a double garage, driveway, extensive landscaping, and brick facade on the structure. The structure will be located on Outlot A of the Pine Ridge 3rd Addition, however, a portion of the underground utilities will extend onto Outlot B. The MCES has purchased both outlots for this construction and intends to keep Outlot B as a vacant parcel to help buffer the building from adjoining properties. Staff would recommend approval of this site plan review with the following conditions: 1. Proper building permits be obtain prior to construction. 2. The landscaping plan shall be reviewed and approved by the City Forester. Outlot A and B shall be maintained as a single family residence at all times with a well trimmed and maintain yard area. 3. Site drainage plans shall be reviewed and approved by the City Engineer. 4. Trash generated from the site shall be stored in an enclosed container located in the garage area of the structure. 5. Noise levels generated from the use of the building shall be within required MPCA Standards for a residential area. OPTIONS 1. Approve site plan with conditions outlined above. 2. Return to staff for further consideration. RE OMENDATION ............................................... Option 1. 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MD 1/M LALtER LEVEL PLm AYSOYIM 11101•1000. f 6 ILWICIII esteetertM IRie1g1► STAFF ORIGINATOR DATE TOPIC REVISED AGENDA ITEM V A Mary Kay Wyland March 13, 1996 Centennial School District, Elm Street, Subdivision, Conditional Use Permit, Rezoning and Site Plan Review, CONTINUATION OF PUBLIC HEARING PLEASE REFERENCE YOUR FEBRUARY 14, 1996 P This packet includes a summary of the concerning the extension of Elm Street landscaping and tree preservation plan. Several concerns were addressed at the February P & Z meeting. In addition to the roadway alignment, the P & Z and citizens expressed concern regarding the following: & Z PACKET neighborhood meetings and an updated site ATIHLETIC FACILITIES: Several residents expressed concern regarding the extensive use of the site for athletic facilities. According to the Minnesota Department of Education Facilities Planning Design Guidelines, it is recommended that a senior high. (or middle school) serving 950 students provide the followings A l reakdowr+ of t indoor spaces needed ir(a 950 tudent, grades 9 or 10-12 senior high sc01: Area Multipurpasc Track and Fl Football Soccer Softball Baseball Archery Golf Practice Tenni General Puri d osa Recommended Space4114+ Tataf Dimensions Required Number Num- Required (n feet) Sq. Ft. Required Sq. Ff. 100x120 12,000 2 b -7- 24,000 260 x 590 153,400 1 ( 0 153,400 160 x 360 57,500 2 2 a 115,200 225 x 360 5 1, 000 2 Z ° 162,000 275 x 275 75.625 4 3 -1 302,500 350 x 350 12,250 2 i -1 25,000 90 x 225 20,250 2 d -1 40,500 100 x 10a 10,000 1 0 - 1 10,00 45 x100 4,500 80 36,000 100 x 200 20,000 2 o .40,000 6 tom Twat 20.45 Acres As you can see, the proposed facilities at the new middle school are less than recommended by the Department of Education. The City's Park Department is looking forward to a cooperative agreement with the School District on the use of these facilities, as are other community service groups with in the area. The School District will address this question in more detail at the Public Hearing if so desires by the Planning & Zoning Board. LIGHTING OF THE BALL FIELDS: The School District has indicated no desire to light any of the athletic fields. We would recommend that a condition of approval for the Condition Use Permit is no lighting for athletic fields. If lighting is requested some time in the future, an Amended Condition Use Permit would be required and a public hearing held. LANDSCAPING/TREE PRESERVATION/FENCING: A revised landscaping and tree preservation plan has been submitted indicating what areas will be protected and preserved. In addition, the architect has outlined a detailed fencing and tree preservation plan. The City Forester will be working closely with the School District on this plan. SITE PLAN: The site plan has been modified by shifting the ball field located on the south/east corner to the west and the elimination of the second access drive to Elm Street eliminated. EAW: For P & Z information, an Environmental Assessment Worksheet has been required for this development and is in process. The EAW will be finalized and submitted to the EQB Monitor on 3/18/96 for publication on 3/25/96. SUMMARY: Staff would recommend approval of the Rezoning, Minor Subdivision, Site Plan and Conditional Use Permit with the following conditions: 1. On site traffic control signage must identify entry, exits, one - ways, no parking along fire hydrants, etc. 2. The site plan dated 3/7/96 be made a part of the permit approval. 3. Signs for the proposed site are in compliance with the Ordinance. 4. The tree preservation plan and landscape/fencing plan dated 3/7/96 be made a part of this permit and reviewed and approved by the City Forester. 5. Grading, drainage and utility plans shall be submitted to the City Engineer for his review and approval. 6. A comprehensive lighting plan shall be reviewed and approved by the City Engineer there shall be no lighting of any athletic fields. L eN \f.o cS.c ('-o K. 7. Proper building permits be obtained prior to construction. 8. The City Council adopt a roadway alignment to serve the middle school facility which will not alter the submitted site plan. OPTIONS PA. otazet, �. xoyAi 1. Approve Rezoning from Light Industrial, LI af�d 4ingle amily Residential, R-1 to PSP, Public Semi -Public subject to the following: A. Amend Land Use Plan to reflect the proposed use. B. Subject to Final Plat Approval. �Lm A. Approve Subdivision creating two parcels, one parcel for the Qr(G2 school site and one parcel for the light industrial site with the �( condition that a preliminary and final plat be submitted to the City Council for approval which includes all necessary drainage and utility easements as recommended by the City Engineer. A. Approve Site Plan with the conditions outlined above. 4. Approve a Conditional Use Permit to allow construction of a din middle school in a PSP Zoning District and subject to all conditions of the site plan review. Return to staff for further consideration. RECOMMENDATION Options 1, 2, 3 and 4. Centennial School District, Elm Street, Conditional Use Permit, Rezoning and Site Plan Review, CONTINUATION OF PUBLIC HEARING PLEASE REFERENCE YOUR FEBRUARY 14, 1996, P This packet includes a summary of the neighborhood meetings concerning the extension of Elm Street landscaping and tree preservation plan. Several concerns were addressed at the February P & Z meet ing. In addition to the roadway alignment, the P & Z and citizens pressed concern regarding the f ollowinc ATHLETIC FACILITIES: Several residents expressed concern regarding the extensive use of the site for athletic facilities. According to the School District, the site contains fewer facilities than are recommended for a Middle School of this size. The City's Park Department is looking forward to a cooperative agreement with the School District on the use of these facilities, as are other community service groups with in the area. The School District will address this question in more detail at the Public Hearing. LIGHTING OF THE BALL FIELDS: The School District has indicated ki2 desire to light any of the athletic fields. If additional lighting is requested, an Amended Condition Use Permit would be required and a public hearing held. and an updated site LANDSCAPING/TREE PRESERVATION/FENCING: A revised landscaping and tree preservation plan has been submitted indicating what areas will be protected and preserved. In addition, the architect has outlined a detailed fencing and tree preservation plan. The City Forester will be working closely with the School District on this plan. The site plan has been modified by shifting the ball field located on the south/east corner to the west and the elimination of the second access drive to Elm Street eliminated. PEDESTRIAN TRAFFIC: The City has requested that OSM prepare a pedestrian study which will be available for the City Council to review on March 25th. SUMMARY: Staff would recommend approval of the Site Plan Review, Conditional Use Permit, Rezoning Request, and Minor Subdivision. The architects have indicated that the roadway alignments proposed will not alter the submitted site plan. OPTIONS 1. Approve site plan, conditional use permit, minor subdivision and rezoning request as submitted with the conditions outlined in the staff report dated February 8, 1996. 2. Continue Public Hearing until a formal roadway alignment is determined. RECOMMENDATION Option 1 STAFF ORIGINATOR: Dave Ahrens, Public Works Director/City Engineer DATE: 3/8/96 TOPIC: Centennial Middle School Street Improvements INTRODUCTION: The Planning & Zoning Board directed staff to hold a neighborhood meeting regarding the proposed street improvements for the Centennial Middle School at the February 14, 1996, meeting. On February 22, 1996, City staff, engineering consultants and school district officials held a neighborhood meeting to present street options considered to serve the proposed Centennial Middle School site and to solicit comments from the residents. Approximately 75 people attended this meeting. On March 4, 1996, staff held a second "open house" meeting in which four street options were presented and discussed with the residents. Comment cards were available to the 40 residents that attended this meeting with 31 cards returned. The vast majority of the comments and comment cards received by the residents expressed concern over the closing (or restriction) of Elm Street at Lake Drive. It is the opinion of most of the residents that any restriction of traffic to access Lake Drive from the existing Elm Street will cause a dramatic increase in traffic on Second Avenue and cause unnecessary inconvenience to drive further north on Lake Drive to turn onto Elm Street. The re -aligned Elm Street option was also considered by some residents to create a safety problem between traffic and pedestrians. DISCUSSION OF NEW OPTION: A street option that was developed by City consultants after the March 4, 1996, neighborhood meeting appears to meet nearly all concerns expressed by the school district, consultants and residents. A detail showing this latest option is attached for the Board's review. Although this option seems to work, it still needs further discussion and investigation by the engineering consultants and the school district. Immediate comments on this plan include: 1) it leaves Elm Street essentially the same; 2) bus traffic would access Lake Drive as originally presented by a road to the north of Elm Street; 3) it decreases the chances to meet warrants on the installation of a traffic signal; and, 4) it restricts left turns by southbound 4th Avenue traffic. CITY COUNCIL REVIEW: The School District has asked the City to continue the public hearing for the street and utility improvements to the March 25, 1996, Council Meeting. Staff presented the new option to Council at the March 6, 1996, Council Worksession with favorable comments. It is apparent that any street alignment option that includes the closure (or restriction) of Elm Street will not receive Council approval. PLANNING & ZONING REVIEW: The School District has requested the Planning and Zoning Board to act on the site plan so that they can keep the project schedule moving forward. Staff feels that this request is justified since the site plan does not change with which street alignment option is approved. 50 25 0 50 100 SCALE IN FEET 300' NO LEFT TURN TO EA BOUND ELM YE ILD OR STOP 20' UJ Z UJ 2 O LL 35:1 ELM STREET 0 CINNAMON TEAL 14' THRU TRAFFIC 12' LT. TURN 1 14' THRU TRAFF I C �y STOP O O z O E o (A O Lfl INTERSECTION DETAIL • Cfl 0 C Q 0• o � LO G) 0 CD N N A TREE PRESERVATION AND NO 1. PROTECT EXISTING VEGETATION TO 5E PRESERVED WITH 4` SNOW; FENei STAKED AT 8' O.C.. FENCE TO 8E LOCATED AT OR NEAR THE DRIP LINE OF TREES TO REMAN. 2. THE AREAS TO BE PROTECTED. ARE AS SI -101N ON 'THE PLAN AND AS FOLLOWS: A. EXISTING TREES ALONG: THE INDUSTRIAL' SIM' 40RTEAST .OF THE PROPERTY B. EXISTING PINE TREES ALONG T14E .SOUTH POPE . BASEBALL HELD C. EXISTING TREES ALONG THE SOUTH PROPERTY AND ADJACENT TO THE� RESIDENTIAL AREAS D. EXISTING TREES IN AREAS WI -(ERE PROPOSED GRADES WILL . SE CLOSE " TO EXISTING GRADES INCLUDING: BETWEEN ATHLETIC USE AREAS AND AROUND THE PROPOSED BUILDING 3. TREE SYMBOLS AS SI-IOt.I ON PLAN ARE 6" D.S.H. (TREES 6" OR LATER TRUNK DIAMETER AT BREST HEIGHT). Northwest Associated Consultants, Inc. COMMUNITY PLANNING • DESIGN •- MARKET RESEARCH PLANNING REPORT TO: Mary Kay Wyland FROM: Madhulika Singh/Bob Kirmis/Alan Brixius DATE: 8 February 1996 RE: Lino Lakes - Centennial School District #12 Rezoning and Conditional Use Permit FILE NO: 194.01 - 96.01 EXECUTIVE SUMMARY Background Armstrong, Torseth, Skold and Ryden Inc., on behalf of Centennial School District #12, have submitted plans to construct a middle school upon a 64 acre site located south of highway 1-35 and north of Elm Street. To accommodate the applicant's request, the following approvals are necessary: 1. Rezoning of a portion of the subject site from R-1, Single Family Residence and L -I, Light Industrial to PSP, Public/Semi-Public District. 2. Subdivision Concept. 3. A site plan review and conditional use permit to allow a middle school within a PSP Zoning District. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 Attached for reference: Exhibit A - Site Location Plan Exhibit B - Zoning Map Exhibit C - Land Use Map Exhibit D - Site Plan Exhibit E - Landscape Plan Exhibit F - Preliminary Utility Plan Exhibit G - Preliminary Grading Plan Exhibit H - Park Board review Exhibit I - Site Survey Recommendation Rezoning Based on the following review, it is believed that justification exists for approval of the requested PSP zoning designation. Matters of land use appropriateness are, however, considered policy matters to be determined by City Officials. If the City finds the proposed middle school use of the property to be acceptable, rezoning should be granted, and is contingent upon the subdivision approval to establish definite boundary of the proposed school site. Further, the Land Use Plan should be amended to reflect the City's desired use. Subdivision With the approval of PSP rezoning, it is recommended that the subdivision concept be approved and subject to the following conditions: 1. Submission of Preliminary and Final Plat conforming to the zoning and subdivision requirements, and including lot and block legal description. 2. All necessary drainage and utility easements to be provided as recommended by the City Engineer. Site Plan and Conditional Use Permit A conditional use permit to build a middle school may be approved subject to the following conditions: 2 1. On site traffic control signage must identify entry, exits, one -ways, no parking along fire hydrants, etc. 2. A ten feet trail with a tum around is recommended at the west ball field to allow for emergency vehicles into the recreation areas. An extension of the pedestrian trail from Elm Street onto the site to connect to the school building , and a trail extension from Fourth Avenue to the school building. 3. An additional handicap accessible parking space must be provided to meet the handicap parking requirements of 13 that are to be provided on the site and based on the total number of off-street parking provided. Bicycle parking racks must be provided throughout the site. 4. Signs for the proposed site are in compliance with the Zoning Ordinance. 5. Park and Recreation Board recommendations outlined in Exhibit H must be addressed. 6. A tree preservation plan must be submitted for final approval and preservation of trees in the following areas be emphasized; existing trees along the industrial site northeast of the property; existing Pine trees south of the baseball field and existing trees adjacent to the south property line and abutting the residential uses. 7. A final landscaping plan must be submitted and address the overall concept of landscaping; screening of middle school from residential areas; appropriateness of plant material location, type, quantity, and spacing of proposed plant materials 8. A fence plan must be submitted for final approval. Fencing requirements around the softball/baseball fields and, south and west property lines must be indicated. 9. A grading and drainage plan be submitted subject to review and approval by the City Engineer. The site's wetland is delineated and wetland mitigation plan is and reviewed and approved by the Rice Creek Watershed Board and the City. 10. A final utility plan should be submitted for review and comment by the City Engineer. 12. A comprehensive lighting plan be submitted which shows the proposed exterior illumination of the site. 13. Shifting the location of the baseball field west and north of the present proposed location to allow for sufficient buffering along the east and south areas to prevent stray balls from reaching the adjacent street right-of-ways. 3 ISSUES ANALYSIS Rezoning As noted previously, a rezoning of the subject property from R-1, Single Family Residence and a portion of L -I, Light Industrial to PSP, Public/Semi-Public will be necessary. The purpose of the PSP district is to aid in guiding development towards fulfillment of the Comprehensive Plan to serve the following functions: a. To provide the community with properly located schools, colleges, and health institutions. b. To provide the community with properly located public services and utilities. c. To provide the community with properly located green space, parks, playgrounds and recreational facilities. d. To relate public and semi-public locations with thoroughfare systems. Judgement Criteria. In review of rezoning requests, the Planning Commission and City Council should consider its possible adverse effects. Judgement should be based upon, but not limited to, the following factors: a. 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. b. The proposed use is or will be compatible with present and future land uses of the area. c. The proposed use conforms with all performance standards contained herein. d. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Comprehensive Plan. The site currently exists under three separate zoning designations. Property southwest is zoned R-1, Single Family Residence, a portion north of the property is zoned L -I, Light Industrial, and a large central area is zoned PSP, Public/Semi-Public. To allow the proposed middle school as a conditional use, the entire site must contain a 4 public/semi-public designation. To establish a single zoning district, the applicant is requesting the southwest portion of the site to be rezoned from R-1 to PSP and a portion of land in the L -I District to be zoned to PSP. qua The 1990 Land Use Plan suggests for the subject prope is residential and industrial This is not consistent with the property's current P P, Public/Semi-Public zoning designation which was applied to the property since 19 . Matters of land use designation are considered issues of City policy to be determined by City officials. Regardless of what land use the City feels is appropriate for the property in question, the City's Land Use Plan should be amended to reflect the City's desired use. The City's Comprehensive Plan includes policies which support the PSP rezoning as listed below Future community development shall take into account social, economic, and environmental opportunities and constraints in an effort to provide an optimal arrangement of future land use activities. Where possible, land use will be grouped together, according to similarity of their characteristics, in order to minimize potential negative impacts. Where conflicting land uses must be located adjacent to one another, steps will be taken to minimize the potential negative impacts. The EDAAB has reviewed the rezoning request for the Industrial property and has no problem that a small portion be rezoned to PSP, provided that the balance of the land remains L-1, Light Industrial, and that the L-1 site has adequate area for independent development. Land Use Compatibility. To determine the appropriateness of the proposed use, it is considered beneficial to examine adjacent land use and zoning designations. Direction Use Zoning North Industrial / 1-35 1-1, Light Industrial / 1-35 South Single Family Residential R-1, Single Family West Semi-public (Cemetery) R-1, Single Family East Industrial 1-1, Light Industrial i` N 057of , As evidenced above, lands which bound the subject site to the south are residential use. To the north lies the Tight industrial and interstate 1-35. In evaluating the compatibility of the proposed use versus residential use allowed via the property's present zoning, it is evident that there are advantages to locating a middle school in the close proximity of the 5 residential area. The school site acts as a transitional land use separating for 1-35 and the industrial uses to the north from the residential land uses to the south. The site design needs to address buffering of residential uses in compliance with the Zoning Ordinance. From the above discussed land use issues, it can be said that the change in zoning is consistent with the surrounding properties. Public Services. To justify the requested rezoning, findings should be made that the proposed use will not overburden the City's service capacity. The subject property lies within the City's MUSA. Public sewer and water service is readily available to the site and can be adequately provided to the proposed school. However, the City Engineer will specifically address the provision of utilities as part of this site plan review. Vehicular Traffic. The middle school is bounded by I -35W on the north, and Elm Street to the south. Lake Drive provides a north south thoroughfare that will provide access to the site. With the development of the middle school, it is proposed that a Fourth Avenue aligning with the east property line be extended between Elm Street and Lake Drive. A traffic signal is proposed at the intersection of Fourth Avenue and Lake Drive. The purpose of these street improvements is to improve traffic circulation throughout this neighborhood in the following way: a. Fourth Avenue reroutes Elm traffic to Lake Drive. b. Fourth Avenue will provide primary access to the school site at three separate locations. It is intended to orient the site traffic and parking away from residential areas. c. Lake Drive and Fourth Avenue intersection will be signalized. The signal will help channelizing traffic to one point along Lake Drive and will provide some interruption at the intersection of Fourth Avenue and Lake Drive providing safe vehicular access and pedestrian/bicycle crossing at the intersection. d. Elm Street is_ a two lane residential street traversing from Lake Drive to Sunset Road. To channelize traffic to Lake Drive, Elm Street will become a "right turn only" at intersection with Lake Drive. Based on the feasibility study by OSM these street improvements are intended to improve traffic patterns throughout the area. Pedestrian /Bicycle Traffic. Pedestrian/Bicycle issues raised by Park Board and Police cite the following concerns: a. Crossing Lake Drive at Elm Street. 6 b. Pedestrian and bicycle traffic from the residential areas south of the school site. In conjunction with the middle school the issue of pedestrian and bicycle becomes an important design elements. To alleviate the pedestrian/bicycle traffic concerns from the neighborhoods of Lake Drive short term solutions were recommended as follows: a. Bus service to all neighborhoods east of Lake Drive or; b. Participation with the city to develop a trail along Lake Drive from Aqua Lane up to Lake Drive and Fourth Avenue intersection and along the new Fourth Avenue, providing trail access to the school site c. To address the pedestrian/bicycle traffic from the residential areas south of the school site a trail along Elm Street between Grey Heron Drive and Sunset is proposed with the city's participation. The school district policy is to participate on trail improvement along major roads up to one mile radius of the school site on a 50%50 shared cost agreement with the city. Within the general parameters of these trail corridors, a more detail off-street trail plan must be provided that identifies the more specific trail locations, the trail construction cost and the financial options. Performance Standards. As a condition of development approval, all applicable City performance standards must be satisfactorily met. Compliance with such standards will be evaluated in the site plan/conditional use permit review. Subdivision In addition to the rezoning request, the applicant has requested approval of to combine six parcels and create a two lot subdivision. The consolidation of the school site area and the creation of the two lot subdivision meets zoning requirements pertaining to lot area and width. Easements. Drainage and utilities easement of at least 10 feet wide centered on rear and other lot lines must be provided must and clearly identified on the site plan . In addition, a portion of the north central area of the property has been designated as a wetland which will serve as a storm water retention pond. The school should also provide an area easement over the wetland and future pounding areas. The City Engineer and Rice Creek Watershed District needs to review and comment on the acceptability of utility and drainage easements. Lot and Block Number. A proposed lot and block number must be specified for the two lot subdivision. 7 EDAAB Review. The EDAAB reviewed the zoning request and agreed that such rezoning would meet the school district's needs for the middle school and will still retain a usable light industrial property along the freeway. Site Plan and Conditional Use Permit A middle school is allowed within a PSP District as a conditional use and is subject to conditions in Section 5, Subd. 5 of the Zoning Ordinance. These conditions must comply with the district's zoning standard requirements. Lot Area. The minimum lot area required by the Zoning Ordinance in a PSP District is 1 acre. The proposed school lot is 64 acre and exceeds the zoning requirement. Lot Width. A minimum of 150 feet lot width is required in a PSP District. The proposed site has a lot width of approximately 682 feet. This width requirement exceeds the Zoning Ordinance standards. Setbacks. The proposed and required setback in a PSP District is illustrated in the table below. Front Yard Side Yard Rear Yard Required Proposed 50 feet 10 feet 30 feet 150 feet 150 feet 300 feet The principal building use and all accessory uses on the school site meet the setback requirements standards as required by the Zoning Ordinance. Building Height. According to the Zoning Ordinance standards, no building in the PSP District shall be erected or structurally altered to exceed 45 feet. The maximum proposed building height is 42 feet and hence complies with the Zoning Ordinance. _ Circulation. Three main access points are shown along the proposed Fourth Avenue. All the intemal access are 30 feet wide and comply with the Ordinance requirements. The separation between the bus loading area and staff parking lot is a desirable feature, as is the student drop off entry along Fourth Avenue. The Bus drop off point is separated the general parking and is also a desirable feature for vehicular traffic within the site. Facility parking is to the south of the building with access from Elm Street. Vehicular circulation works well in its relationship to adjacent local streets. On site traffic control signage must identify entry, exits, one-way traffic, no parking along 8 fire hydrants, etc. to facilitate easy and safe circulation within the school site. An 8 foot bituminous trail is shown throughout the site, connecting the principal building to the field activities spread throughout the west side of the site. The Fire Chief had concerns regarding access of emergency vehicles into these recreation areas. A recommendation is made to increase the trail to ten feet with a turn around at the west ball fields to allow accesses for emergency vehicles. Then the 8 feet trail would continue towards freeway and back easterly through or near wetland. A pedestrian trail is proposed from Elm Street onto the site. However, this trail runs short of providing continuous access to•the school building. Design consideration must be given to extend this trail to the principal building. Safe pedestrian trail should also be provided from the school to trail along Fourth Avenue. Parking. The submitted plan illustrates 566 off-street parking stalls. The Ordinance requires one space for each classroom plus one additional space for each 300 student capacity, plus one space for each employee plus one space for each four seats in auditorium. The proposed middle school will have an enrollment capacity of 1,800 students. The school is proposed to have 64 classrooms and 600 seats in the gymnasium. Total number of employees anticipated is 160. Based on the off-street requirements and the given school enrollment information the proposed parking required would be 364 and hence exceeds minimum requirement. According to State ADA requirements a 566 off-street parking would require 13 handicap accessible parking spaces of which two would have to be van accessible. The site plan identifies a total of 12 handicap spaces of which two are van accessible. One more needs to be provided and identified. The illustrated parking stalls meet the minimum size, design and setback requirements of the Zoning Ordinance. Additionally, no parking should be allowed along the fire hydrants and this must clearly be identified. All drive aisles are proposed to be 30 feet and meet Ordinance standards Bicycle Racks. Review of the submitted plan shows that bicycle rack facilities have not been provided. It is recommended that several bike racks be provided throughout the site to allow students safe lockage of bicycles within convenient distance from the building, tennis court area, and ballfield complex at a minimum. Signs. The institutional identification signs must comply with sign requirements of the planning district in terms of area, height, material, location, etc. Park and Trail. The Park and Recreation Board reviewed the site and facility plan for the proposed middle school. The site trail must show continuity with the cities master tail and 9 park requirement. As a condition of final project approval, the applicant must meet Park and Recreation Board recommendations outlined in the Exhibit H. LandscapingNegetation. As shown on the existing site survey, a significant amount of vegetation exists upon the subject property. Implementation of the proposed concept plan would necessitate the removal of numerous trees. A very significant amount of trees are removed to accommodate both school building and recreation facilities. It is recommended that tree preservation be emphasized in the following areas: a. Existing trees along the industrial site northeast of the property to adequately provide screening to the adjacent use. b. Existing Pine trees along the south property line and south of the baseball field be preserved to provide a buffer and prevent stray balls from entering Elm Street. c. Existing trees along the south property and adjacent to the residential areas be preserved. A tree preservation plan must be submitted for final approval. As noted in the legend a preliminary landscape plan has been submitted. It appears that coniferous trees and shrub massing have not been proposed on the plan. The final landscape plan will need to address the following: a. Overall concept of the landscape plan; b. Screening of middle school from residential areas; c. Appropriateness of plantmaterial location, and d. Type, quantity and spacing of proposed plant materials. An effort is to be made to preserve existing trees in is many places as possible, particularly between the athletic use areas to provide shade. A final landscaping plan must be submitted for final approval which satisfies this provision of Zoning Ordinance and site requirements. Fence. A six feet high fence is proposed along the south and east property line. Further a fence is proposed enclosing the soccer/football field. It is recommended that sufficient fencing be provided around the softball/baseball field to prevent stray balls from entering the adjacent right -of -ways, neighboring properties and wetland. The fence design standards must comply with Zoning Ordinance requirement. This fence would prevent unwanted entry of pedestrian traffic from -adjacent lots. The final plan must indicate the fence location and design standards. Trash Handling. As a condition of development approval, the applicant will need to 10 indicate how trash handling is to be accommodated. A trash handling area is provided south of the building and adjacent to the loading area. This trash area is sufficiently screened and complies with the Zoning Ordinance requirements. Mechanical Equipment. Any roof top mechanical equipment must be screened from view and care must be taken that it does not create any nuisance in terms of noise, smoke and any such issues. Wetland. As depicted on the site plan, a wetland exists in the north central area of the site. As a condition of development approval, such wetland will need to be delineated by a person recognized by the City as qualified to perform such work. Three areas have been identified for mitigation purposes. The Rice Creek Watershed District and City Engineer must review and comment on this before a final approval. Grading, Drainage and Utilities. A preliminary grading, drainage and utility plan is submitted. As a condition of final development approval, grading/drainage and utility plans will need to be submitted. These plans will be subject to review and approval by the City Engineer. Loading. Two loading spaces are provided south of the principal building. this area is dispersed from site grade and adequate landscaping is provided along the east and west side. The loading requirements is in compliance with the conditional use requirements and are found to be acceptable. Lighting. A comprehensive lighting plan has not been submitted for review and comment. This plan must show all proposed illumination for the parking areas, entry ways etc. Any night lighting provided on the site must be arranged so as to deflect Tight away from any adjacent properties or uses. Baseball/Softball Field. No fencing/screening has been indicated on the site plan to encompass the baseball/softball fields and prevent stray balls from entering adjacent properties, activity areas, wetlands or public rights-of-way. This action is viewed as necessary and location of the fence/screening needs to be investigated. It is recommended that the distance between baseball foul lines and fencing be consistent so that the players become accustomed to a "safe zone" when retrieving fly balls. The radius of the baseball diamond is 320 feet and t setback from the property line is 50 feet. To prevent home runs from reaching theFourth Avenue or Elm Street it is recommended to shift the baseball diamond to the west and north side to accommodate a larger setback from the streets. The parking spaces provided west of the diamond may be removed to accommodate this shift. This would not effect the off-street parking needs of the school. Additional tree buffer may be planted along the east property line to 11 mK STAFF ORIGINATOR Mary Kay Wyland/Jeanie Kenow DATE March 7, 1996. TOPIC ANIMAL ORDINANCE - Public Hearing Al 0 The Planning & Zonine Board will, recall that City Staff and others, have been working on an Animal Control Ordinance for several months. The P & Z first discussed a draft ordinance in July of 1995. The draft ordinance was then reviewed by the Park Board and scheduled for a neighborhood meeting on September 5, 1995. Following that meeting, a public hearing was scheduled b fore the P & Z on November 8, 1995. At the November 8th meeting several issues remained apparent and the P & Z formed a committee to review the proposed ordinance. This committee consisted of Ed,Schanes as Chairman, Tom Mesich, Darrell Cooper, Steve Aundre, John Sullivan, Sharon Lane, Jeanie Kenow and Mary Kay Nyland.. The Animal Ordinance Committee met on February 1 and 'ebrary 16 to review the draft ordinance. The main changes to the ordinance provide for two dogs per household without a Kennel License, private kennels allowed on any residential property of one (1) acre or more with a conditional use permit, and the licensing of cats. -..„„ The balance of the ordinance is very similar to the one originally presented to the P & Z and will be reviewed at the Public Hearing. 1 Staff would recommend adoption of the submitted Animal presented. ▪ Approve Ordinance as submitted.. . Return, to staff for further consideration. Ordinance as Lino Lakes Ordinance 502 - ANIMALS 502.1 Definitions: As used in this Section except as otherwise provided, the following terms shall have the respective meanings ascribed to them: Subd 1 Animal. Every living creature except members of the human race. Subd 2 Animal -Domestic. Animals normally kept within the home, but not exclusive of the home, such as fish, dogs, cats, potbelly pigs and household birds. Subd 3 Animal -Non -Domestic. Animals normally kept outside of the home for the purposes of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons, and similar animals. Subd 4 Animal Wild. Means any ape, including chimpanzee, gibbon, gorilla, orangutan, baboon, any bison, bobcat, cheetah, crocodile, coyote, deer, including all members of the deer family such as antelope, elk, and moose, any elephant, ferret, fox, hyena, jaguar, lion, leopard, cougar, lynx, ostrich, skunk, wolf, or brush wolf, tiger, poisonous snake, or any constrictor snake, bears, badgers; any other animal that is wild, ferocious, or is vicious by nature, habit, disposition, or is normally found in the wild; or any animal which is a mixed breed of any wild animal and any other animal Subd 5 At Large. Not under restraint as defined in this section. Subd 6 Cat. Any domestic feline animal, male or female, whole or neutered, of any age. Subd 7 Dog. Any domestic canine animal, male or female, whole or neutered, of any age. Subd 8 Dangerous Dog. Any dog which meets the definition of dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. A Dangerous Dog. "Dangerous Dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property. (2) killed a domestic animal without provocation while off the owner's property; or (3y been found to be potentially dangeroussand after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals. Page 1 Subd 9 Potentially Dangerous Dog. Any dog which meets the definition of potentially dangerous dog set forth in Minnesota Statutes Section 347.50 or any successor statute. A Potentially Dangerous Dog. "Potentially Dangerous Dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Subd 10 Subd 11 Subd 12 Subd 13 Kennel, commercial. Any parcel of property on which more than two (2) dogs over six (6) months of age are kept, owned, boarded, groomed, sheltered, protected, bred, or offered for sale or any other merchandising that is not defined as a private kennel under Subd 11. Every commercial kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. After issuance of a Conditional Use Permit, Commercial Kennels shall be allowed in the following zoning districts: Rural (R), Business Reserve (BR), Commercial, Industrial. u fio i (L GA) Kennel, private. Any single family parcel of property on which more than two (2) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain. Every kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. Private Kennels shall be allowed in all zoning districts upon the issuance of a Conditional Use Permit. Owner. Any person, firm, corporation, organization, or department, possessing, harboring, keeping, having an interest in, or having temporary or permanent custody or control of an animal. Under Restraint. Controlled by a leash of not more than six (6) feet in length; under restraint by an electrical device, i.e. electric fence provided the animal is wearing a shock collar made for that specific electrical device; or within the limits of its owner's premises in any residential district; under the voice or signal command of a competent person whose command the animal will obey immediately in other zoning districts. Page 2 Subd 14 An unattended domestic or non-domestic animal on the property of another without the consent of such property owner, is "at large" and not under restraint, even though it might be on a leash. 502.2 Enforcement Personnel: Subd 1 Enforcement. A The provisions of this Section may be enforced by any of the following: (1) The primary law enforcement agency of the community. (2) The animal control officer as designated by the City. (3) The animal control facility contracted with by the City. B For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any animal control officer or any police officer is empowered to enter upon any premise upon which a dog, cat or other animal is kept and to demand the exhibition of such animal by the owner of such animal and the license and rabies certificate for such animal. Any animal control officer or police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in such officer's opinion, the animal's life is in danger. Subd 2 Interference. No person shall interfere with, hinder or molest any animal control officer or police officer in the performance of any duty, or seek to release any animal in the custody of the animal control officer or police officer. 502.3 Exemptions: Subd 1 Subd 2 Hospitals, clinics, and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this chapter, except where such duties are expressly stated. The licensing and vaccination requirements of this chapter, except as otherwise expressly stated, shall not apply to any dog or cat belonging to a nonresident of the city and kept within the city for not longer than thirty (30) days, provided all such dogs and cats shall at all times while in the city be kept within a building, enclosure or vehicle, or be under restraint by the owner. Subd 3 Dogs confined to a veterinarian clinic, animal hospital or licensed commercial kennel, or dogs engaged in law enforcement work for the city need not be licensed. Page 3 Subd 4 Section 502.01 relating to dangerous dogs and potentially dangerous dogs shall not apply to dogs under the control of a law enforcement officer. Subd 5 Section 502.01 and 502.02 shall not apply to raptures possessed by licensed falconers holding valid State and Federal Falconry Permits so long as the conditions of the permit are being satisfied. 502.4 License and Vaccination Requirements: Subd 1 License and Registration. All dogs and cats within the City of Lino Lakes shall be licensed except the following: Subd 2 Dogs and cats less than six (6) months of age; B Dogs and cats which are brought into the City for appearances in an animal show or trial; C Dogs being used by law enforcement officers. Vaccination Required. It shall be unlawful for any dog or cat owner to keep or maintain any dog or cat older than six (6) months of age, unless it has been vaccinated within the prior twenty-four months with an anti -rabies vaccine by a licensed veterinarian. No license shall be issued except upon compliance with this Section. Subd 3 Licensing/Vaccination Procedures. A Application. Except as herein provided, within thirty (30) days of acquiring possession of a dog or cat which has not been licensed by the City, or within thirty (30) days of moving to the City with a dog or cat which has not previously been licensed by the City, the owner of the dog or cat shall make application for a dog or cat license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination and spay or neuter to the City prior to the issuance of a license or renewal of a license. B License Fee. The license fee for each dog or cat must be submitted with the license application. The fee will be as set forth as follows: (1) Dog or Cat, male or female, not neutered or spayed $10.00 (2) Dog or Cat, male or female, neutered or spayed $ 5.00 C Duration of License. All licenses are valid for the same length of time as the rabies vaccination and must be renewed within 30 days after the vaccination or a $5.00 penalty will be applied. Page 4 D Receipt and Tags. Upon completion of the application form, receipt of the license fee(s), and receipt of proof of vaccination and spay or neuter, if applicable, the City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog oast in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag in the amount of $1.00. Change of Address. An applicant who has obtained a dog or cat license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog or cat in the City. Transfer of Tags. No person shall transfer a dog or cat tag from one dog or cat to another. Change of Ownership. If there is a change in ownership of the dog or cat during the year, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The ownership transfer fee shall be $1.00 502.5 Dog Kennels: Subd 1 Requirements. A Health, Safety and Welfare. No dog kennel license, commercial or private shall be issued or renewed if the council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety or welfare. B Land Requirements. One acre of land or more is required for private dog kennels in reside tial districts. Notification. Notification of public hearing for conditional use permit to operate a dog kennel must be sent to all property owners within 1,000 feet of a proposed dog kennel. Page 5 Subd 2 Conditions. A Sanitation. Every dog kennel shall be operated in a clean, healthful, sanitary safe condition and humane manner so as not to create a public nuisance, and failure to do so shall constitute grounds for a revocation of the license of such kennel. B Inspection. All dog kennels are subject to annual review and inspection and shall be open to complete inspection by any properly designated officer or employee of the city, at any reasonable time. C Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets, alleys or other public grounds or on private property of others within the city. D Noise. No person maintaining a dog kennel shall permit the dogs kept there to bark, bay, cry, yelp, howl or causes noise, disturbance or annoyance to persons residing in the vicinity thereof, sufficient to constitute a public nuisance. Subd 3 Nuisance. A Any dog kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. Subd 4 Grandfather Clause. A All dog kennels which are validly located within the city prior to the adoption of this ordinance may continue to exist as to size and present location, provided the dog kennel does not violate any provisions of the code in force on the date this ordinance is passed and adopted. Page 6 Subd 5 Dog Kennels --License; required, fee, term; penalty. A It shall be unlawful for any person to own or operate any kennel, commercial or private, unless a licensed conditional use permit as per the city zoning ordinance is secured therefore. All kennels are subject to annua• review and inspection. The annual license fee for a Commercial Kennel sha} be one hundred dollars ($100.00) for each kennel. The annual license fee for a Private Kennel shall be twenty dollars ($20.00) for each kennel. In addition, all dogs kept in Private Kennels shall be licensed under the requirements of Section 502.04 of this ordinance. All kennel licenses expire on April thirtieth next following issuance of the license, except that such licenses may be renewed prior to June first without penalty. B Any person in violation of any of the provisions in this chapter shall be guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense. C Application The Kennel applications shall contain the following: (1) Whether the license is for commercial or private purposes. (2) The location of the premises of the kennel along with the home and work telephone numbers of the licensee and one other person who could be contacted in the absence of the licensee. r (3) The maximum number of adult dogs to be kept on the premises. Thf term "Adult", as used herein, shall include any dog over six months of age. (4) A site plan showing the location, size, and type of all structures for housing, fencing, and runs for dogs. Separate housing and runs for dogs shall be a minimum of 50 feet from any neighboring habitable dwelling and a minimum of ten (10) feet from any property line. If the dogs are to be kept primarily within a building, the applicant shal so state. (5) Whether the applicant anticipates breeding the animals and, if so, how often and the expected size of the litters. (6) The method to be used to keep premises in a sanitary state. (7) The method to be used to keep the animals quiet. (8) An agreement by the applicant that the premises may be inspected by the City at all reasonable times. Page 7 D Issuance and Conditions. The City Clerk shall refer the application to the Council. The Council or Planning and Zoning Board shall conduct a public hearing. The issuance of a license shall be within the discretion of the Council. In making such determination, the Council shall take into consideration the following: adequacy of housing and runs for the animals; the methods to be used for sanitation and to maintain quiet; the quantity and height of the fencing; and , with particularity, any violations during the previous license period, if applicable. The Council may impose such conditions as it shall deem necessary and appropriate to carry out the intent of this Chapter. E Revocation. If a licensee fails to comply with the statements made in the application or with any reasonable conditions imposed by the Council, or violates any other provision of this Chapter, the licensee shall be notified by mail and given ten (10) days to remedy any defects or defaults. If such condition be not remedied in said ten (10) days, the Council may revoke the license. F Unlawful Acts. It shall be unlawful for any licensee to do or permit any of the following: (1) Allow any of the dogs to run at large on any street or public property or any private property not owned by the licensee or under the licensees's control. (2) Allow the premises to be kept in an unsanitary or unhealthful condition. (3) Burn offal or waste. (4) Allow the animals to bark, yelp, or fight so as to disturb the neighborhood either night or day. (5) Allow any of the animals to bite or scratch anyone lawfully on or off the premises. (6) Maintain any animals in such manner as to create a nuisance by way of noise, odor, or otherwise. (7) Sell or cause to be sold any dog without first providing the purchaser with written certification as to the origin of the animal (8) Private kennels shall be limited to one litter in a 12 month period per kennel license. (9) All dogs shall be always treated in a humane manner as set forth in Minnesota Statute Chapter 343 and 346. G Tags. In the case of Private Kennels, licensees shall affix an identification tag to all dogs owned by or under the control of the licensee. Such identification tags shall meet the requirements set forth in this ordinance. Page 8 H Rabies Vaccination A licensee shall cause every dog in a kennel to be vaccinated by a licensed veterinary surgeon with anti -rabies vaccine. Puppie and kittens shall be so vaccinated at or before the age of sixteen weeks and again at the age of one year. Adult animals shall be so vaccinated at least once in every 24 month period or as often as needed under the type of vaccine used to ensure immunity. 502.6 Regulations: Subd 1 All domestic animals shall be kept under restraint by their owners at all times. Subd 2 Subd 3 The owner of any animal in heat shall cause such animal to be confined in such a manner so as not to come in contact with any other animal during such time as the animal is in heat, except for intentional breeding purposes. The owner of any animal shall prevent the animal from committing in the City any act which constitutes a nuisance. Acts which constitute a nuisance include, but are not limited to, the following: To bark, bay, howl or make any other loud noise; (1) Habitually or frequently between the hours of 8:00 p.m. and 8:00 a.m.; (2) Consistently for a period of five minutes or longer between the hours of 8:00 p.m. and 8:00 a.m.; or (3) Consistently for a period of ten minutes or longer between the hours of 8:00 a.m. and 8:00 p.m. B To be present on school grounds. C To chase vehicles or to molest or unreasonably annoy any person while awa} from the property of its owner. D A dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon the private property upon which the dog is situated or when the dog is teased or provoked. Page 9 Subd 4 Feces Disposal: A The owner of any animal shall be responsible for the sanitary disposal of all feces material deposited by such animal in the following manner: (1) During the period of November 1st through April 3Oth, all feces material shall be removed from the owner's premises and/or stored ii a sanitary manner within seventy-two (72) hours. (2) During the period of May 1st through October 31st, all feces materia shall be removed from the owner's property and/or stored in a sanitary manner within forty-eight (48) hours. (3) Objectionable feces odor and/or flies detectable at the adjoining property line shall be deemed a violation of this Section. B The owner of any animal shall not permit such animal to be on park property, City trails, public property or the property of another without having in the owner's immediate possession a device for the immediate removal of feces material deposited by the animal, as well as a container for the transport of such material to an appropriate disposal receptacle. C The provisions of this Section shall not apply to the ownership or use of seeing -eye dogs by blind persons; ownership or use of companion dogs by quadriplegic, paraplegics or other individuals with severe disabilities who arc unable to clean up after the companion dog; dogs when used in police activities; or tracking dogs. Subd 5 Humane Treatment of Animals: The owner of any animal within the City shall provide such animal with sufficient wholesome food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care when needed to prevent suffering of any sick or injured animal. B No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal fight. C Guard Dog Warning Signs. A person maintaining a dog for security purposes within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of 1/2" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG". Page 10 502.7 Impounding and Confinement: Subd 1 Abandoned Animals. Upon written notice of the Chief of Police or designated agent, that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such written notice. Subd 2 Impounding and Confinement. A Any domestic animal found running at large may be seized by an animal control officer or police officer, and impounded at a designated animal shelter, and there confined in a humane manner for a minimum period of the greater of seven (7) days or five (5) business days (the Impoundment Period), unless claimed by the owner. B Animal control officers are not authorized to enter private dwellings for the purpose of seizing animals C Before seizing an animal from the private property of its owner, the animal control officer or police officer shall make a reasonable attempt, taking into consideration the time of day and nature of the violation, to notify the owner that the animal is being seized because it was observed by the animal control officer or police officer to be in violation of the provisions of this chapter. D When an animal is seized from the private property of its owner and the animal control officer or police officer has been unable to notify the owner of the reason for seizing the animal, a written notice shall be affixed to the dwelling unit, in a conspicuous manner, indicating the day and time the animal was seized; the reason for seizing the animal; and the address and the phone number of the shelter where the animal can be found. E Immediately upon impounding animals, reasonable efforts shall be made to notify the owner and inform the owner of the animal's confinement and the procedures for release of the animal to owner. Page 11 F Disposition of unclaimed animals: An animal which is not redeemed by the owner within the Impoundment Period may be disposed of in any manner provided by law. Any animal that is not claimed by the owner or sold within the prescribed time may be euthanized and disposed of in a humane manner by the appropriate animal shelter facility. Upon notice from the appropriate animal shelter facility that an animal is sick and/or injured, the Chief of Police or designated officer is authorized to permit euthanization at any tiny within the Impoundment Period in an effort to end the suffering of such animal. G Owner title of any animal may be transferred to the animal shelter facility upon expiration of the Impoundment Period and if the animal has not been claimed by the owner in the manner required by this Section. H Impoundment Fees. Any animal impounded under this Section may be reclaimed by its owner within the Impoundment Period. Before the owner shall be permitted to retake possession of the animal, the owner shall make payment to the animal shelter of all required fees and costs of such impoundment. 502.8 Rabies Control. Subd 1 Subd 2 Subd 3 Bites. An owner or custodian of a dog which does not have an appropriate antirabies vaccination and which bites or otherwise exposes a person to rabies virus may be penalized under Minnesota State Statute 346.53. It shall be the duty of every physician to report to the Police Department the names and addresses of any person treated for bites inflicted by an animal, together with any other information deemed helpful in the control of rabies. It shall be the duty of the owner of any animal to immediately, but in all cases no later than twenty-four (24) hours, report to the Police Department all bites infected by the owner's animal to any person. The owner of any such animal shall also be required to provide to the police written proof of vaccination and pertinent insurance information when warranted or requested by the police. Subd 4 It shall be the duty of any veterinarian to report to the City a diagnosis of any animal observed by the veterinarian to be suspected of having rabies. Page 12 Subd 5 Subd 6 The police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person, and to have the animal destroyed in a humane manner for the purpose of determining whether the animal is in fact, a rabies carrier. The City and/or its agents shall not be held liable for the destruction of such animal when the animal has inflicted injury upon any person and the City and/or its agents act in good faith to protect the public. Whenever an animal has bitten a person and is not destroyed pursuant to Section 502.8 subd 5 , or whenever a suspected or known rabid animal is picked up by an animal control officer or police officer, such animal may be confined for a minimum period of ten (10) days as follows: Upon proof of current rabies vaccination, the animal control officer or police may authorize the confinement of the animal at the owner's place of residence, provided that the animal shall not be permitted to come in contact with other animals or persons, and provided further that the animal be muzzled and on a leash not exceeding six (6) feet when removed from the place of confinement. B If no proof of current vaccination is provided, or if the animal control office, or police do not consent to confinement at the owner's place of residence, the animal shall be confined at the animal control facility for the entire ten (10) day period at the owner's expense. C An animal under confinement may not be removed from such confinement prior to the expiration of the 10 -day period without written permission of the Chief of Police or designee. D The owner of any animal confined at the owner's residence shall, at all reasonable times, permit the inspection of such animal during the confinement period upon oral request of an animal control officer or a police officer. The owner shall further be responsible for immediately reporting any change in the animal's health or behavior to the appropriate animal control officer or police officer during the confinement period. E A quarantined animal shall be confined to an enclosure in such a manner so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device. The animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six (6) feet in length, and under the control of a competent person. Page 13 F Any animal control officer or police officer may enter upon the private property of another for the purposes of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal is not being maintained by the owner in a manner consistent with the provisions of this Section. 502.9 Dangerous and Potentially Dangerous Dogs. Subd 1 The Minnesota State Statute 347.50 is hereby adopted in cases of Dangerous and Potentially Dangerous Dogs. Subd 2 No person shall bring into the City any animal which has previously been declared by another jurisdiction to be dangerous or potentially dangerous. The City shall seize and destroy, at the owner's expense, any animal brought into the City in violation of this provision. 502.10 Wild Animals. Subd 1 No person shall keep, maintain, harbor or sell any wild animal within the corporate limits of the City, except as provided in this subsection: A The owner or proposed owner of any wild animal shall, prior to bringing the wild animal into the City, make application to the City for a wild animal permit on an application form provided by the City. Such application shall be submitted to the City Clerk, together with the following required fees and/or documentation: (1) That the applicant possesses all necessary state and federal wild animal permits, and that all such permits shall be maintained by the owner in valid form during the time that such wild animal is possessed by the owner. Expired state and/or federal permits shall cause the City's wild animal permit to be considered null and void. (2) A written statement shall be submitted with the application by a licensed veterinarian that such wild animal has been vaccinated in an appropriate manner, consistent with accepted veterinary practices, where applicable. Page 14 Subd 2 Subd 3 (3) A copy of a valid insurance policy providing liability coverage for any harm caused by the wild animal with limits of not less than $100,000 per person and $300,000 per occurrence and naming the City as an additional insured. The certificate shall provide that it may not be canceled except upon ten days written notice to the City. The certificate and all renewals thereof shall be delivered to the City. The City Administrator may waive the insurance requirement upon a determination that the wild animal does not pose a substantial risk. (4) A written statement by the owner that such wild animal will be maintained in a locked enclosure and removed only by a competent person for purposes of sanitation. The removal of such wild animal shall be conducted while the animal is muzzled and on a chain or leash not exceeding six (6) feet in length, under sedation, or under the complete physical control of the attendant. (5) A written statement by the owner that such enclosure shall be posted with plainly visible warning signs on all sides of the enclosure with letters of contrasting color. The sign shall measure a minimum of 6" } 12", and have letter of 1/2" stroke and a minimum of 2" height, with the following inscription: "DANGER - WILD ANIMAL". (6) A fee as set at $35.00. The City may deny or attach conditions to the permit based upon the type of animal, the character of the owner's residence and neighborhood, and an: other appropriate factors. If the permit is granted, the owner may bring the animal into the City, subject to any requirements of this Section and any permit conditions. The permit need not be reviewed, but shall be subject to review at any time by the City. The Chief of Police or designated agent is hereby authorized to immediately impound any wild animal not in compliance with this Section. The impoundment shall be in accordance with Section 502.7. 502.11 Summary Destruction. Subd 1 Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any member of the public, after making a reasonable attempt to impound such animal, the officer is hereby authorized to destroy such animal in the interest of public safety. Page 15 502.12 Penalty for Violations of this Chapter. Subd 1 Any violation of this Section is a misdemeanor. Each day on which a violation continues shall constitute a separate violation. Page 16