09-14-2015 Council Packet - Laserfiche WebLink

Home Browse Search

FILE # 15-3768 17 August, 2015 Page 3 of 3 (d) Rezoning applications may be denied by motion of the council, and such motion shall constitute a finding and determination that the proposed rezoning is not in the best interest for the physical development of the city. No application which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission.” Analysis In evaluating appropriate locations for a proposed land use where a use is not listed, the practice is to find the most similar use currently allowed within the code. If one can be found, it is assumed that the omission is intentional, and the most similar use is not desired in other locations. The most similar use is Kennels, which are allowed as a conditional use in the B-5 Limited Neighborhood Business District. Based on this analysis, Kennels are not desired in the B- 1 zoning district. However, Pet shops are a permitted use in the B-1 zoning district. It is recognized that market and demographics shift faster than the ordinance, and therefore, the ordinance allows for property owners to initiate an amendment. The applicants feel that Kennels does not accurately describe their business model and perhaps carries a negative connotation compared to their proposed use. The danger in being overly restrictive in defining a use is that if a use does not meet the restrictions laid out in the definition, the use is not allowed, even though it may be appropriate. For example, dog boarding is permitted, but cat or other pet boarding is not. The suggested, and more general pet grooming allows dogs, cats, and other pets. If the Planning Commission and the Council feel that “Kennel” adequately defines acceptable uses in the B-1 zoning district, the Planning Commission should support staff’s version that is more general. Public Comments The proposed amendment would affect the zoning of more than 5 acres; individual notices were not mailed, per Section 78-43. To date, no comments for or against the proposal have been received. Issues for Consideration 1. Does the Planning Commission find dog boarding and day care is appropriate in the B-1 zoning district? 2. Is a closely defined use (Dog Boarding, Dog Daycare, Dog Grooming) appropriate? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation The Planning Commission, after holding the public hearing, may recommend approval, approval with changes, or denial of the ordinance as drafted.