121 E 3200 N (Upper Loop Road) Highway Corridor (HC); Agricultural Protection (AP)

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STAFF REPORT To: Eastern Summit County Planning Commission From: Sean Lewis, County Planner Date of Meeting: May 18, 2017 Type of Item: Conditional Use Permit Public Hearing, Possible Action Process:

1 STAFF REPORT To: Eastern Summit County Planning Commission From: Sean Lewis, County Planner Date of Meeting: May 18, 2017 Type of Item: Conditional Use Permit Public Hearing, Possible Action Process: Administrative Review Recommendation: Staff recommends that the Commission consider the issues outlined in this report regarding the application and, following a public hearing, vote to approve a Conditional Use Permit for the proposed commercial kennel based upon the Findings of Fact and Conclusions of Law outlined in this report. Project Description: Project Name: Applicant(s): Property Owner(s): Location: Zone District: Parcel Number and Size: Type of Process: Final Land Use Authority: Marion Commercial Kennel Trisha Painter Levi & Trisha Painter 121 E 3200 N (Upper Loop Road) Highway Corridor (HC); Agricultural Protection (AP) MVE-2, 2.66 acres Administrative Eastern Summit County Planning Commission Proposal: The applicant proposes to utilize Lot 2 of the Marion Valley Estates subdivision as a commercial kennel for dog boarding. The applicant proposes to house dogs in an existing kennel structure on the property. Commercial Kennel is listed as a Conditional Use in the Eastern Summit County Development Code. 60 North Main P.O. Box 128 Coalville, UT Phone (435) , , x3124 Fax (435)

Vicinity Map: Background: The applicant is under contract to purchase parcel MVE-2 from the current owners. The property has an existing enclosed dog kennel structure.

2 Vicinity Map: Background: The applicant is under contract to purchase parcel MVE-2 from the current owners. The property has an existing enclosed dog kennel structure. The current property owner has used the property as a day care for dogs. At peak times, the house has been the home of up to 30 dogs at a time during the day. The applicant proposes to continue to care for dogs not only during the day, but also board a small number of dogs overnight. In addition to the enclosed kennel facility, the property features 3 outdoor fenced areas for the dogs to run and play. The ESCPC held a hearing regarding the proposal on May 4, Following discussion on the proposal, the ESCPC directed Staff to work with Animal Control to determine the appropriate number of dogs that could be housed on the property. Staff was also directed to rewrite the proposed conditions of approval to better describe how impacts to the neighbors will be mitigated. Following the May 4, 2107 meeting, the original applicant, Breanna Wright, contacted Staff to withdraw the application. Ms. Wright did not feel the property would suit the needs of her business if the number of dogs was limited by the ESCPC. Ms. Painter, the property owner has Marion Kennel 2

3 agreed to move forward with the application. Ms. Painter is not looking to use the property for commercial purposes, however would like to fully comply with Summit County standards for dog kennels. Analysis and Findings: The Planning Commission may approve, approve with conditions, or deny a Conditional Use Permit based upon written findings of fact according to each of the following standards as set forth in section of the Eastern Summit County Development Code. It is the responsibility of the applicant to provide written and graphic evidence demonstrating compliance: Standard 1: The proposed use shall be appropriate in the particular location, taking into account the nature of the use, its relationship to surrounding land uses and its impact on the natural environment; COMPLIES Analysis: The house has been used as a day care for dogs without a CUP for several years. This application seeks to continue the day care use to accommodate her own dogs as well as rescue dogs that she houses occasionally. Standard 2: The proposed use shall be in general compliance with the Development Evaluations Standards in Chapter 2 of the Code; COMPLIES Analysis: The use of the property as a commercial kennel will not accelerate erosion or cause other environmental concerns. Nor will the use cause significant impacts to county infrastructure resources. Standard 3: The proposed use will not be in violation of any county, state, or federal laws; COMPLIES Analysis: The use of the land as a kennel does not violate any laws. Standard 4: The applicant shall present evidence to show approval of the landowner for the particular use, unless the land is owned by the applicant and, in such case, applicant shall submit proof of ownership; COMPLIES Analysis: The applicant is the current owner of the property. Standard 5: The applicant shall demonstrate that it possesses the requisite skills and experience to ensure that the particular use will be conducted in a safe and orderly manner; COMPLIES Marion Kennel 3

4 Analysis: The applicant has a current kennel permit issued by Summit County Animal Control, and is in full compliance with the requirements of that permit. Standard 6: The use will not adversely affect, in a significant manner, the public health, safety, and welfare; COMPLIES Analysis: Staff does not anticipate any negative impacts to the health, safety, or welfare, of the general public as a result of the proposal. Standard 7: The length and size of the proposed structure must be compatible with the residential uses in the area and must also meet the setback requirements for the zone in which it is located; COMPLIES Analysis: No new structures are proposed. Recommendation: Staff recommends that the Commission consider the issues outlined in this report regarding the application and, following a public hearing, vote to approve a Conditional Use Permit for the proposed commercial kennel based upon the following Findings of Fact, Conclusions of Law, and Conditions of Approval: Findings of Fact: 1. Levi & Trisha Painter are the listed fee title owners of Parcel MVE Parcel MVE-2 is 2.66 acres in size. 3. The proposed commercial kennel is located at 121 East 3200 N (Upper Loop Road). 4. Parcel MVE-2 is located in the Highway Corridor (HC) and Agricultural Protection zoning districts. 5. Parcel MVE-2 considered a legal Lot of Record. 6. The current owner of MVE-2 has used the property for their personal dogs and to house rescued foster dogs. The current owner also invites others to bring dogs to the site for day care. During peak operation the site has previously housed up to 30 dogs at one time. 7. The applicant proposes to use the property as a commercial kennel, including overnight boarding of rescue dogs. 8. The applicant has agreed to limit the number of dogs to no more than 20 dogs during daytime hours and no more than 15 during overnight hours. 9. Commercial Kennel is listed as a Conditional Use in the HC zoning district in the Eastern Summit County Development Code. 10. No new structures are proposed as a result of this application. Marion Kennel 4

5 Conclusions of Law: 1. The proposed commercial kennel is an appropriate use in this location. 2. The proposed commercial kennel is in general compliance with the standards found in the Eastern Summit County Development Code. 3. The addition of a commercial kennel at this location does not violate any laws. 4. The proposed commercial kennel will cause no negative impacts to the health, safety, or welfare, of the general public. Conditions of Approval: 1. The applicant shall maintain a current Kennel License from Summit County Animal Control. 2. Noise generated by the dogs at the site is regulated by the Summit County Noise Ordinance and Summit County Animal Control regulations as amended. Any repeated violations of the Summit County Noise ordinance or Summit County Animal Control regulations shall result in a review of this permit by the Eastern Summit County Planning Commission. 3. The Summit County Health Department reserves the right to inspect the grounds to verify the proper containment of waste and wastewater at the facility. All operations shall comply with Section of the Summit County Code, as amended, which regulates nuisances such as, but not limited to odors and sanitary conditions for animals. 4. Any future expansions or additions to the kennel areas will require a Conditional Use Permit amendment. 5. The number of dogs on the property shall be limited to no more than 20 dogs during daytime hours (8:00 a.m. 8:00 p.m.) and no more than 15 dogs during overnight hours (8:00 p.m. 8:00 a.m.). The owner s personal dogs are included in these limits. 6. Dogs kept onsite during overnight hours shall be boarded indoors. 7. The applicant shall install privacy fencing where necessary at the request of immediate adjacent neighbors within one (1) year of the date of this permit. 8. Any other necessary permits must be obtained and fees shall be paid prior to the commencement of any construction activity, including but not limited to the Summit County Engineering and the Summit County Building Departments. 9. All service provider requirements shall be met. 10. The Eastern Summit County Planning Commission shall review this permit after a period of one (1) year to check for compliance with these conditions of approval. Failure to abide by the conditions of approval may result in revocation of this permit. Marion Kennel 5

6 Public Notice, Meetings and Comments: In advance of the May 4, 2017 meeting, this item was noticed as a public hearing and possible action regarding a Conditional Use Permit in the April 21, 2017 issue of The Summit County News. Postcard Courtesy notices were also mailed to property owners within 1,000 feet of the proposed alignment. At the May 4, 2017 public hearing, nine (9) members of the public spoke regarding this application. Concerns were raised regarding the number of dogs allowed at the site, the nature of a business in a residential area, noise impacts, and impacts of dogs running the fence on neighbors. The Planning Commission voted to continue the public hearing to the May 18, 2017 meeting and requested that the meeting venue be changed to Kamas from Coalville. Attachments: Exhibit A Proposed Plans Exhibit B Relevant Animal Control Ordinances Marion Kennel 6

7 Exhibit A

8 5/11/2017 Sterling Codifiers, Inc : DEFINITIONS: As used in this chapter, the words and phrases specified below shall have the following meanings: ABANDON/ABANDONED: The leaving of an animal without adequate provision for the animal's care by its owner. AGRICULTURAL ANIMAL OR AGRICULTURAL DOG: An animal developed or trained to do useful work such as herd other animals rather than kept as a pet. ANIMAL: Every nonhuman species, both domestic and wild. ANIMAL SHELTER: A facility or program: a) providing services for stray, lost, or unwanted animals, including holding and placing the animals for adoption or b) a private humane society or private animal welfare organization. BITE: An actual puncture, tear, or abrasion of the skin inflicted by the teeth of an animal. CATS: Any age feline of the domesticated types. COMMERCIAL KENNEL: Any premises, except where accessory to an agricultural use, where five (5) or more dogs, over four (4) months of age are boarded, trained, groomed, or bred for hire, and/or offered for sale for commercial use. The selling of one litter of offspring per year, per premises, shall not be construed as commercial and shall not require a kennel permit. DIRECTOR OF ANIMAL CONTROL: The director of the Summit County division of animal control who is vested with the power and authority to enforce the provisions of this chapter. DOG: Any canis over four (4) months of age. ESTRAY: Any unbranded sheep, cattle, horses, mules, asses or other livestock found running at large, or any branded sheep, cattle, horses, mules, asses or other livestock found running at large whose owner cannot be found after reasonable search, or any swine found running at large whose owner cannot be found after reasonable search (does not mean or include any unweaned animal that is running with its mother). LEASH OR LEAD: Any chain, rope, or device used to restrain an animal. NEUTER: A surgical procedure performed on male animals in which its testicles are removed. OWNER: Any person who is either the legal owner, keeper, possessor or the actual custodian of an animal. Ownership is established by a person registering as owner on a license or other legal document, or being a person claiming ownership and taking possession of an animal. Where the "owner" is a minor under the age of eighteen (18) years, the minor's parents or legal guardian shall be liable for and held responsible for payment of their minor child's citation, fines, and/or late penalties. PRIVATE KENNEL: Any person owning, possessing or harboring five (5) or more dogs and that does not meet the definition of "commercial kennel" as defined herein. PROOF OF STERILIZATION: A written document signed by a veterinarian stating that a specified animal has been sterilized, the date on which the sterilization was performed, and the location where the sterilization was performed. Exhibit B 1/6

9 5/11/2017 Sterling Codifiers, Inc. PUPPY: Any canis four (4) months of age or under. QUARANTINE: The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons. SERVICE ANIMALS: Dogs that are individually trained or are in training to do work or perform tasks for people with disabilities as defined by the Americans with disabilities act (ADA). Service animals do not include animals used solely as a crime deterrent or to provide emotional support, well being, comfort, or companionship. SPAY: A surgical procedure performed on a female animal in which its ovaries and uterus are removed. STERILIZED: An animal that has been surgically altered either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce. STRAY: Any unidentified or unclaimed animal "at large" as explained in subsection 5 1 9A of this chapter. VETERINARIAN: Any person properly licensed under the laws of the state of Utah to practice veterinary medicine. VETERINARY HOSPITAL: Any establishment operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals. VICIOUS ANIMAL: A. Any animal: 1. With a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of, humans or other domestic animals; or which is known to have attacked or bitten any human or domestic animal at least once before; 2. Which attacks or has attacked a human being or other domestic animal without provocation; 3. Which is trained or used as a fighting animal; B. This provision shall not apply to dogs owned or used by government entities. WILD ANIMAL: Animals including raccoons, skunks, coyotes, foxes, bats, the offspring of wild animals crossbred to domestic dogs and cats, and any other carnivorous animal. WORRY: To harass by tearing, biting, or shaking with the teeth, or without provocation to chase any animal or person or approach any person in an apparent attitude of attack when such person is in a place where he/she has a right to be. (Ord. 832, ) : NUISANCE: Exhibit B 2/6

10 5/11/2017 Sterling Codifiers, Inc. Any owner of an animal(s) causing a nuisance as defined below shall be in violation of this chapter and subject to the penalties provided herein. The following shall be deemed a nuisance: A. Conditions Enumerated: Any animal that: 1. Causes damage to the property of anyone other than its owner; 2. Is a "vicious animal" as defined herein and kept contrary to subsection B of this chapter; 3. Causes unreasonable fouling of the air by odors; 4. Causes unsanitary conditions in enclosures or surroundings; 5. Defecates on any public sidewalk, park, or building, or on any private property without the consent of the owner of such private property, unless the owner of such animal removes any such feces to a proper trash receptacle in a timely fashion; 6. Attacks other animals; or 7. Is determined by the division of animal control or the county health department to be offensive or dangerous to the public health, welfare, or safety. B. Offensive Or Dangerous Animals: Animals which, by virtue of the number maintained, are determined by the division of animal control or the county health department to be offensive or dangerous to the public health, welfare, or safety. C. Barking Dogs 1 : A dog that barks, bays, cries, whines, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of where the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for thirty (30) minutes or more in any twenty four (24) hour period or intermittent barking for sixty (60) minutes or more during any twenty four (24) hour period. 1. Exceptions: a. A dog shall not be deemed a nuisance under this section if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked by a person or animal; or b. Agricultural dogs, while actively working shall not be deemed a nuisance under this section. 2. Warnings/Citations: Law enforcement officers or the division of animal control officials have the authority to issue a citation to any owner of a barking dog that the official did not see or hear occur based upon a complaint signed under penalty of perjury lodged by a member of the community who has been disturbed by the barking dog. All complainants must clearly identify themselves by stating their name, address, and telephone number. The complainant shall complete a barking log provided by the division of animal control, which describes the offense, the date, time, place and duration of the offense, and if known, the name of the dog's owner, the owner's address and telephone number, and a description of the dog. After receiving a Exhibit completed B barking log, the division of animal control shall determine the validity of the complaint 3/6

11 5/11/2017 Sterling Codifiers, Inc. and if the complaint is determined to be valid, shall issue a written warning, if it is a first time offense. The owner of the barking dog shall be granted a ten (10) day correction period to resolve the issue prior to issuance of a citation. (Ord. 832, ) : KENNEL PERMITS: A. Private Kennels: A private kennel must first obtain a kennel license from the division of animal control. A kennel license shall be issued to a private kennel upon payment of the fee as set forth in the animal control fee schedule. The licensee shall notify the division of animal control within thirty (30) days of any change which may affect the status of his/her license. The kennel license issued to a private kennel shall not be transferable from one owner to another, or from one premises to another. B. Commercial Kennels: A commercial kennel must first obtain a kennel license from the division of animal control. A kennel license shall be issued to a commercial kennel upon payment of the fee set forth in the animal control fee schedule and a statement from the Summit County community development department or appropriate city official that a commercial kennel is a permitted use under the zoning regulations in effect for the area of the proposed commercial kennel. A valid kennel license shall be posted in a conspicuous place on the premises and said license shall be considered as appurtenant to the premises and not transferable to another premises. The licensee shall notify the division of animal control within thirty (30) days of any change in his/her establishment or operation which may affect the status of his/her license. In the event of a change in ownership of the establishment, the licensee shall notify the division of animal control immediately. C. Expiration Of License: Any kennel license issued pursuant to this section shall automatically expire one year after the date of issue. Within two (2) months prior to the license's expiration, the licensee shall apply for a renewal of the license and pay the required fee set forth in the animal control fee schedule. Late fees shall apply for failure to timely renew a license. D. Exemption: Animal shelters and veterinary hospitals are exempt from obtaining a kennel permit, however, said institutions may need a land use permit under the zoning regulations in effect for the area of the proposed commercial kennel. (Ord. 832, ) : STANDARDS FOR COMMERCIAL AND PRIVATE KENNELS: The division of animal control shall promulgate rules and regulations governing the operation of commercial and private kennels. Such rules and regulations shall provide for the type of structures, buildings, pens, cages, runways, or yards required for the animal sought to be kept, harbored, or confined on such premises; the manner in which food, water, and sanitation facilities will be provided Exhibit B 4/6

12 5/11/2017 Sterling Codifiers, Inc. to such animals; measures relating to the health of said animals, the control of noise and odors, and the protection of person or property adjacent to the premises; and other such matters as the director of animal control shall deem necessary. Such rules and regulations shall have the effect of law, and violation of such rules and regulations shall be deemed a violation of this chapter and grounds for revocation of a permit issued by the division of animal control. (Ord. 832, ) : SUSPENSION OR REVOCATION OF KENNEL PERMIT: A. Grounds: A kennel permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds: 1. Falsification of facts in a permit application; 2. Violation of any of the provisions of this chapter or any other law or regulation governing the establishment including noise; or 3. Conviction on a charge of cruelty to animals. B. Procedure: If any inspection of a commercial or private kennel reveals a violation of this chapter, the inspector shall notify the permit holder or operator of such violation by means of an inspection report form or other written notice. The notification shall: 1. Set forth the specific violation(s) found; 2. Establish a specific and reasonable period of time for the correction of the violations found; and 3. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit. C. Revocation Or Suspension: Any permit granted under this chapter may be suspended or revoked by the division of animal control for violation listed in subsection B of this section. D. Emergency Suspension: Notwithstanding the other provisions of this chapter, when the inspecting officer finds unsanitary or other conditions in the operation of a commercial or private kennel, which in his/her judgment constitutes a substantial hazard to public health, he/she may, without warning or hearing, issue a written notice to the permit holder or operator citing such condition specifying the corrective action to be taken. Such order may state that the permit is immediately suspended and all operations are to be discontinued. Any person to whom such an order is issued, shall comply immediately. Any animals at a commercial or private kennel may be confiscated by the division of animal control and impounded or otherwise provided for according to the provisions of this chapter. Exhibit B 5/6

13 5/11/2017 Sterling Codifiers, Inc. E. Notice: Notice provided for under this section shall be deemed to have been properly served when the original law inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by certified mail to the last known address of the permit holder. A copy of such notice shall be filed with the records of the division of animal control. (Ord. 832, ) Exhibit B 6/6

CHAPTER 4 DOG CONTROL

CHAPTER 4 DOG CONTROL SECTION: 5-4-1: Definitions 5-4-2: License Required (Repealed) 5-4-3: License Fees (Repealed) 5-4-4: Unidentified Dogs Running at Large 5-4-5: Record of License (Repealed) 5-4-6: