TO: Mayor and Members of City Council
THRU: Telly C. Whitfield, Ph.D. - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
Jennifer C Baptiste, CZO - Planning and Zoning Division Manager
FROM: Craig Harmon, Planner II, CZO
DATE: May 23, 2022
RE:
Title
SUP22-03. Order of Approval - Findings of Fact: Special Use Permit for the expansion of a veterinary clinic to allow dog kennels in a Limited Commercial (LC) zoning district, to be located at 2921 Ramsey Street (REID # 0439604923000), totaling 0.84 acres ± and being the property of Dale Brown, JBDB Investments LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
3 - Antonio Jones
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2026
Goal II: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 2.1 - To ensure a diverse City tax base
• Objective 2.4 - To sustain a favorable development climate to encourage business growth.
Goal III: City Investment in Today and Tomorrow
• Objective 3.2 - To manage the City's future growth and strategic land use.
• Objective 3.3 - To sustain a favorable development and business climate through timely and accurate construction review and building inspection services
Goal IV: Desirable Place to Live, Work and Recreate
• Objective 4.3 - To improve mobility and connectivity through sidewalk, trail, and bike lane investments
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Executive Summary:
Evidentiary Hearing
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
The existing building on the site is a Veterinary Clinic capable of boarding approximately 100 dogs and cats overnight. As an accessory use, the clinic also offers grooming and boarding. The owner is building a separate new veterinary clinic on an adjacent property, 2965 Ramsey Street. The new building will be setup for medical services only with twelve (12) kennels for dogs that need overnight medical attention.
The owner wishes to demolish the current clinic located at 2921 Ramsey Street and replace it with this proposed pet resort that will offer grooming, doggy day care and overnight boarding as an indoor kennel. The building is proposed to accommodate 70 dogs overnight.
In the City’s Unified Development Ordinance (UDO), Kennel, Indoor is defined as “a facility where dogs, cats, or other domestic animals over six months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed.” The facility shall be entirely indoors.
On April 25, 2022, the City Council held an Evidentiary Hearing regarding this case. After hearing all relevant evidence, the Council voted 7-0 to issue the Special Use Permit.
Background:
Owner: Dale Brown, JBDB Investments, LLC
Applicant: Julianne Harrelson, Critical Path Solutions, LLC
Requested Action: SUP - Kennel, Indoor
Properties Addresses: 2921 Ramsey Street
Council District: 3 - Antonio Jones
Status of Properties: Veterinary Clinic to be demolished and replaced with new structure
Size: Approximately 0.84 acres
Adjoining Land Use & Zoning:
• North - OI: Future Veterinary Clinic
• South - LC: Commercial - Church Thrift Store
• West - LC: Commercial - Vacant Commercial
• East - LC: Commercial - Strip Center
Letters Mailed: 43
2020 Traffic Count: 25,000 per day
According to the Plan, it is recommended that this portion of the city should be developed as Office/Institutional (OI).
Office/Institutional (OI) is best described as “medium intensity nonresidential uses. Light industrial, office, flex-spaces, warehousing, and large schools/institutions. Businesses or buildings grouped, sometimes in business parks.” This area also includes utilities and city services.
Issues/Analysis:
History:
The existing building on the site is a Veterinary Clinic that provides grooming and boarding. The existing building is capable of housing 100 dogs and cats overnight. The owner is building a new veterinary clinic on the adjacent property, 2965 Ramsey Street that will be more of a veterinary hospital use than a day clinic use.
The owner wishes to demolish this existing clinic and replace it with a pet resort offering grooming, doggy day care and overnight boarding as an indoor kennel. The retreat will be open for daily animal day care from 7am to 6pm on weekdays and 8am to 2pm on Saturdays. Owners can pick up boarded pets on Sunday from the hours of 2pm to 4pm only.
According to the owner, this is a much needed service and this location. The retreat will employee ten to fifteen people serving an estimated 800 to 1000 clients, once the facility is running at full capacity. The owner states that the current facility has been highly successful and is a favorite of the pet owner community resulting in the need for expansion.
Special Use Permit Request
The applicant is requesting a Special Use Permit to redevelop this site as a pet resort with indoor kennels.
According to the owner, the proposed use will comply with all of the City’s indoor kennel requirements.
The application is only to address the allowance of indoor kennels.
Land within the City is generally classified by the Unified Development Ordinance (UDO) to be within one of a number of base zoning districts. Land may be reclassified to one of a number of comparable zoning districts in accordance with Section 30-2.C.
The SUP must meet the following findings of facts:
(1) The special use complies with all applicable standards in Section 30-4.C, Use-Specific Standards;
According to Section 30-4.C.4.b Animal Care Uses:
Animal shelters, kennels (indoor and outdoor), and veterinary clinics shall comply with the following standards:
1. Animal care uses providing boarding services for dogs shall provide a fenced and screened outdoor area of at least 50 square feet per dog.
According to the application, the new facility will have room for 70 boarding kennels which equals 3500 square feet. The applicant shows 3800 square feet of fenced/screened area on their site plan. Additionally, the existing facility has room to board 100 dogs. Meaning there will be a reduction of 30 dogs in overnight boarding
2. The animal care use shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
According to the application, the new building will be insulated and cared for in a manner that there will be no unreasonable noise or odor detected off premises. The existing Veterinary Office currently meets this requirement and there have been no complaints. The owner expects the new building, which is housing less dogs overnight, to continue to meet the requirement as it has for the last 46 years. Additionally the play yard will have artificial turf that can be cleaned
3. Any open runs or pens used to house animals shall be located at least 75 feet from any lot line.
The owner is asking for reduction in this setback as shown on the submitted site plan. The UDO states a reduction can be granted if it does not increase negative impacts and there are specific characteristics that help minimize any negative impacts. The fence line of the play yard at the current facility falls on the property line. The owner is not increasing negative impacts, as the condition already exists. The owner will also install a privacy fence to mitigate these impacts. According to the owner, the play yard will not be used to house dogs for overnight stays. These are used during the day for supervised playtime only. Lastly, this property is surrounded by commercial and office uses and zoning. The closest residential zoning district is over 170 feet from this use.
4. Accessory uses to an indoor kennel may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25 percent of the total gross floor area.
According to the applicant, grooming will be provided in the new facility, but will only occupy 8% of the floor area.
5. Any incinerators included as an accessory use to an animal shelter shall be permitted only in accordance with a Special Use Permit.
According to the application, no incinerators will be located on this property.
(2) The special use is compatible with the character of surrounding lands and the uses permitted in the zoning districts(s) of surrounding lands;
According to the submitted site plan and the application, the new building will be designed with similar design features as the new Veterinary Clinic next door. While the use has been an accessory to the Veterinary Clinic on this site for years, the new building doesn’t change the service that is being provided.
(3) The special use avoids significant adverse impact on surrounding lands regarding service delivery, parking, loading, odors, noise, glare, and vibration;
As mentioned in the application, this use is currently occurring at the site. The owner does not expect any change that would increase service deliveries, parking, loading, odors, noise, glare or vibrations from the current situation. The outside play area will have artificial turf that can be washed down. The general practice of the current clinic is to pick up after the dogs to maintain a clean environment in the outside yard.
(4) The special use is configured to minimize adverse effects, including visual impacts of the proposed use on adjacent lands;
According to the application and site plan, there should be no adverse visual effects imposed by the new building for the Pet Retreat. The appearance of the new construction will closely match the new Veterinary Office which was approved by City zoning/inspections and the play area will be screened from view.
(5) The special use avoids significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources;
According to the application and site plan, the new building is being built on an existing site instead of a greenfield, therefore resulting in minimal impact to wildlife, scenic and natural resources
(6) The special use maintains safe ingress and egress onto the site and safe road conditions around the site;
According to the application and site plan, the Veterinary Clinic has a new drive that will be shared with the Pet Retreat. It has already been approved by NCDOT and has larger turning radius for more safely entering and exiting the site
(7) The special use allows for the protection of property values and the ability of neighboring lands to develop the uses permitted in the zoning district; and
According to the application and site plan, this section of Ramsey Street has very little new construction. Most businesses are in older buildings that have been repurposed. New Construction should maintain and/or enhance the values of adjacent buildings.
(8) The Special use complies with all other relevant City, State, and Federal laws and regulations.
The Riverbark Pet Retreat will be required to submit building plans that comply with the NC Building Code, Accessibility, and Fire Code and Unified Development Ordinance.
Budget Impact:
This action should result in no increase in City services.
Options:
1) Approve the Order of Approval;
2) Remand Order back to Staff for specific changes.
Recommended Action:
The Professional Planning staff recommends that the City Council approve the Order of Approval as presented.
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Properties
6. Surrounding Properties
7. Site Plan
8. Floor Plan
9. Order of Approval - Findings of Fact