HomeMy WebLinkAbout2020-03-03 OrdinanceItem Number: 12.a.
INCITY OE IOWA CITY
www.icgov.org
March 3, 2020
Ordinance to amend Title 14, Zoning, related to animal -related commercial
uses. (REZ19-14) (Second Consideration)
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Description
Council Memo
Staff Report with Attachments
P&Z Minutes
Ordinance
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CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
CITY O F IOWA C1TY
MEMORANDUM
Date: February 4, 2020
To: Geoff Fruin, City Manager
From: Ray Heitner, Associate Planner
Re: Amendment to Title 14, Zoning of the Iowa City Code Related to Animal Related
Commercial Uses in CH -1 Zones (ZCA19-06)
Background
On January 16, the Planning and Zoning Commission recommended approval of a text amendment of
the zoning code related to animal related commercial uses. The proposed amendment:
1. Allows animal related commercial uses as a provisional use in the Highway Commercial (CH -1)
zone;
2. Expands the definition of animal related commercial uses to include animal daycare and indoor
animal recreation; and
3. Allows private outdoor animal recreational areas as an accessory use to an animal related
commercial use subject to a special exception in the CH -1 zone.
This memo clarifies the differences between the City's current code language pertaining to animal
related commercial uses in CH -1 zones and the proposed.
Overview of Proposed Amendments
Table 1 compares how animal related commercial uses are currently allowed versus how they are
proposed to be allowed.
Table 1. General Animal Related Commercial Uses by Zonina District
Zoning District
CO -1
CN -1 CH -1
CI -1
CC -2 CB -2 CB -5 CB -10 MU
Current S
PR
PR
PR PR PR
Proposed S
PR PR
PR
PR PR PR
Key: S = Special Exception, which requires review and approval by the Board of Adjustment
PR = Provisional, which requires review and approval by staff
Currently, general animal related commercial uses, whether allowable via special exception or as a
provisional use, must abide by use specific criteria. These criteria include the requirement that all uses
be conducted completely indoors within a soundproofed building. The proposed amendment will not
change this requirement.
Table 2 outlines the changes that would add more examples of general animal related commercial
uses. Specifically, staff is proposing to clarify that animal daycare and indoor animal recreation are
examples of general animal related commercial uses. Animal daycare and indoor animal recreation
uses must meet the same use specific criteria that other use examples must meet with respect to
soundproofing. The proposed amendment will clarify that animal daycare does not include the overnight
boarding of animals.
January 28, 2020
Page 2
Table 2. General Animal Related Commercial, Examples of Uses
Current
Proposed
Veterinary clinics; animal grooming
Veterinary clinics; animal grooming
establishments; pet crematoriums
establishments; pet crematoriums;
NEW: animal daycare, indoor animal
recreation
Lastly, the proposed amendment allows for private outdoor animal recreation areas to be allowed as an
accessory use to an animal related commercial use in the Highway Commercial (CH -1) zone. These
accessory uses would only be allowed through the Board of Adjustment Special Exception process and
be subject to the following use specific criteria:
1. Private outdoor animal recreation areas must be located at least 400' from any
residential zone.
2. No private outdoor animal recreational uses are allowed overnight.
3. All private outdoor animal recreation areas must have secure fencing in place so that
animals cannot escape.
4. Animals shall not be permitted in a private outdoor animal recreation area unless a
handler is present.
5. Where private outdoor animal recreation facilities are accessed by the public, a
double -entry gate is required.
6. All private outdoor animal recreation areas must be kept in a clean, dry, and sanitary
condition.
7. Private outdoor animal recreation areas shall be located in an interior side or rear yard
and screened from any right-of-way or adjacent residential zone by at least the S2
screening standard.
CITY OF IOWA CITY
MEMORANDUM
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
Date: January 16, 2020
To: Planning and Zoning Commission
From: Ray Heitner, Associate Planner
Re: Amendment to Title 14, Zoning of the Iowa City Code Related to Animal Related
Commercial Uses in CH -1 Zones (ZCA19-06)
Background on Proposed Amendments
The City has been approached by Phil O'Brien regarding future development of a community based
dog recreation center located at 2513 N. Dodge St. in Iowa City. The subject location is currently zoned
Highway Commercial (CH -1). This zoning designation does not allow animal related commercial
establishments, which is the commercial land use that staff feels is most appropriate for the proposed
development. Highway Commercial zoning in the subject location fits the directive of the
comprehensive plan. However, due to the subject location's distance from residential zones and
adjacency to more intense land uses, staff is supportive of text amendments to the animal related
commercial land use that will best fit the proposed development.
Background on the Proposed Community Based Indoor Dog Park and Recreation Center
The proposed community based indoor dog park and recreation center is planned to be approximately
22,000 square feet in size and feature a full-service restaurant, retail space, pet friendly colab office
spaces, rentable meeting spaces, an elevated on -leash dog walking track, over 15,000 square feet of
agility and modular space for off -leash activities or custom events, and a dog friendly diving/pool area.
Being mostly indoors, with some contained outdoor space and walking trails, the developer maintains
that the facility would have minimal impact to any neighborhood businesses in the way of sound or
outdoor activities. The developer believes the center will draw from a regional customer base. The
developer's research shows this location as being ideal for the future success of the project. Aside from
the recreation center component, these uses described above are allowed by right in a CH -1 zone.
Current Regulations
Per section 14 -4A -4B of the City Code, Animal Related Commercial Uses are defined as commercial
services related to the temporary care, medical treatment, or cremation of domestic animals. Uses are
divided into two subgroups, general and intensive, based on the intensity of the use, outdoor activity on
the site, and the potential for noise and odor related externalities. Table 1.0 provides examples of
animal related commercial uses for each subgroup.
January 10, 2020
Page 2
Table 1.0
Animal Related Commercial Subgroup:
Examples of Uses:
General
Veterinary clinics; animal grooming
establishments; pet crematoriums
Intensive
Kennels; stables
Table 2.0 shows which zones currently allow general animal related commercial uses as a provisional
use or via special exception. Intensive animal related commercial uses are allowed as a provisional
use, only in Intensive Commercial, CI -1 zones.
Table 2.0
Use
Subgroups CO -1 CN -1 CH -1 CI -1 CC -2 C13-2 C13-5
CB- MU
Categories
10
Animal
General S PR PR PR PR PR
Related
Intensive PR
Commercial
The proposed text amendment would not change how stand-alone veterinary clinics, animal grooming
establishments, pet crematoriums, kennels, or stables would be regulated.
Proposed Code Amendments
Staff is proposing to amend the code to allow general animal related commercial uses as a provisional
use in Highway Commercial (CH -1) zones. In addition, staff is proposing to amend the code to allow
animal daycare and indoor animal recreation uses as allowable provisional general animal related
commercial uses. These two additional uses would be allowed in provisionally in CN -1, CH -1, CI -1, CC -
2, CB -2, and CB -5 zones. Both animal daycare and indoor animal recreation uses would need to abide
by existing additional criteria requiring provisional general animal related commercial uses to be
conducted completely indoors, in a soundproofed building. The following definitions are proposed for
animal daycare and indoor animal recreation uses.
Animal Daycare: A nonresidential facility offering care for domestic animals during daytime hours, not
during overnight hours.
Indoor Animal Recreation: An indoor facility used for the exercise, recreation, or training of domestic
animals.
Staff is also proposing to amend the code to allow private outdoor animal recreation uses via special
exception in CH -1 zones. This amendment is not intended to regulate or otherwise constrain the
keeping of household pets, or the development of public recreation facilities such as public dog parks.
The special exception process would require all outdoor animal recreation uses to obtain approval from
the City's Board of Adjustment. Staff is proposing the following additional approval criteria to obtain a
special exception for outdoor animal recreation uses.
1. Outdoor animal recreation areas must be located at least 400' from any residential zone.
January 10, 2020
Page 3
2. No outdoor animal recreation uses are allowed overnight.
3. All outdoor animal recreation areas must be fully enclosed by a fence that is of sufficient height
to prevent animals from escaping.
4. Animals shall not be permitted in an outdoor animal recreation area unless a handler is present.
5. Where outdoor animal recreation facilities are accessed by the public, a double -entry gate is
required.
6. All outdoor animal recreation areas must be kept in a clean, dry, and sanitary condition.
The following definition is proposed for an outdoor animal recreation use.
Private Outdoor Animal Recreation: An outdoor facility used for the exercise, recreation, or training of
domestic animals.
Rationale for Text Amendments
The purpose of the Highway Commercial (CH -1) zone is to permit development of service uses relating
to expressways or along arterial roadways. The applicant for the text amendment maintains that the
proposed development of a community based indoor dog park and recreation center at 2513 N. Dodge
Street will have a regional draw, making the proposed highway adjacent location convenient for the
business' patronage. The majority of the City's current CH -1 zoning is clustered around N. Dodge
Street, to the north and south of the Interstate 80 interchange. Each CH -1 parcel is within 1/3 of a mile
of the Dodge Street and Interstate 80 interchange. The map in Figure 1.0 shows how each CH -1
parcel is bordered by either Mixed Use or Commercial Office zoning, which allows for significant
distance separation between outdoor animal recreation uses and any residential uses. By requiring that
outdoor animal recreation locations obtain a special exception, a public process is put in place to
ensure that any concerns posed by residents, workers, and stakeholders are acknowledged. Staff feels
that the provisional requirement for soundproofing in buildings with general animal related commercial
uses is sufficient for the proposed new uses, animal daycare and indoor animal recreation.
Figure 1.0
January 10, 2020
Page 4
Comparison to Peer Zoning Ordinances
Table 3.0 shows a comparison of peer zoning ordinances pertaining to animal related services. Staff
borrowed certain additional approval criteria from these peer ordinances.
City
Commercial
Uses Allowed
Applicable Zones
Additional Criteria
Use
Designation
Des Moines
Animal
• Boarding
• Industrial
Outdoor exercise
Services
• Grooming
• Intense
areas must be at
• Stable
commercial
least 200' from
• Veterinary
• Mixed-use
residential zones.
• Downtown.
Cedar Rapids
Outdoor animal
Areas for:
• Urban
• Must be 100'
runs (accessory
• Animal
• Traditional
from
to Animal & Pet
training
• Suburban
residential
Sales/Service
• Exercise
• Public
zones
Use)
• Recreation
• Screened
• Other
from public
activities.
ROW
• Overnight
boarding not
permitted
outdoors.
Davenport
Animal Care
• Veterinary
• Commercial
• 6' high min.
Facility (Small)
• Boarding (Day
• Mixed -Use
fence height.
& Overnight)
• Agricultural
• Overnight
• Grooming
boarding not
• Training
permitted
outdoors.
• Animal
exercise
areas must
be sanitary.
Next Steps
Pending recommendation of approval from the Planning and Zoning Commission, the City Council must
hold a public hearing to consider the proposed text amendments.
Recommendation
Staff recommends amending the City Code to allow the following:
1. Allow general animal related commercial uses as a provisional use in Highway Commercial
(CH -1) zones.
2. The creation of animal daycare and indoor animal recreation uses as general animal related
commercial uses as provisional uses in CN -1, CH -1, CI -1, CC -2, CB -2, and CB -5 zones.
3. Allow outdoor animal recreation uses via special exception in CH -1 zones
January 10, 2020
Page 5
Attachments:
1. Applicant Statement on Proposed Development
Approved by:
Danielle Sitzman, AICP
Department of Neighborhood and Development Services
Request for Rezoning
The project planned for 2513 N. Dodge St in Iowa City will be a community based indoor dog
park and recreation center. It will be a 22,000 sq ft facility that will include a full service
restaurant, retail space, pet friendly colab office spaces, rentable meeting spaces, elevated
on -leash walking track, 15,000+ sq ft of agility and modular space for off leash activities or
custom events and a dog friendly diving/pool area. Local partners working on the project include
Shive Hattery, Axiom, Meld Marketing and more. We feel the request is warranted so we can
maximize our services and benefits to the community and our clients while having little to no
effect on the neighboring businesses or area as a whole. Being mostly indoors, with some
contained outdoor space and walking trails, the facility would have minimal impact to any
neighboring businesses in the way of sound or outdoor activities. The lot is also located at the
end of a smaller contained commercial area, therefore minimizing the number of and direct
contact of neighboring businesses. We believe our pet friendly community center will be a
benefit to the local hotel and restaurants in the area, along with bringing more jobs and services
to our local market. The center will be planned as a destination business drawing not only local,
but regional patrons that will utilize these neighboring businesses. In addition, the improvements
to the land will add a tasteful use of space that will coincide with the future renovations of the
current Clarion Hotel. With the growing number of pets and furry family members in our
community, our community center will help promote healthy exercise and educational activities
for our customers without having to leave their pups at home. Our plan is to promote an active
and inclusive lifestyle for everyone. Our research shows this location to be ideal for the future
success of our project. With a few changes to the local code and with a beneficial impact to the
neighboring businesses, I would like to opportunity to bring a unique and positive service to our
community. Thank you for your consideration and I am happy to offer any additional business
plans or answer any questions.
Best Regards,
Phil O'Brien
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JANUARY 16, 2020 —7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Ray Heitner, Sarah Hekteon, Tim Hennes, Anne Russett, Danielle
Stutzman
OTHERS PRESENT: Adam Kos, Jon Marner, Phil O'Brien, Rob Decker, Nathan Griffith,
Bill Gearhart
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By a vote of 7-0 the Commission recommends approval of ZCA19-06 an application submitted
by Phil O'Brien requesting an amendment to the zoning code to allow animal related commercial
uses in the Commercial Highway (CH -1) zone to allow for the development of a community
based indoor dog park and recreation center at 2513 North Dodge Street.
CASE NO. CZA19-06:
Applicant: Phil O'Brien
An application submitted by Phil O'Brien requesting an amendment to the zoning code to allow
animal related commercial uses in the Commercial Highway (CH -1) zone to allow for the
development of a community-based indoor dog park and recreation center at 2513 N. Dodge
Street.
Heitner began the staff report with an aerial view of 2513 North Dodge Street, noting its very
highway adjacent just north of the 1-80/Dodge Street interchange. The next map showed the
current zoning surrounding 2513 North Dodge Street. There is CH -1 zoning in the area however
CH -1 zoning does not allow for animal related commercial establishments. The majority of
zoning in the area is research park or office oriented.
Heitner stated in some discussions with the applicant the proposed use would be a community
based indoor dog park and recreation center, totaling around 22,000 square feet. The center
would be primarily indoors with some contained outdoor space and walking trails. The applicant
expressed he believes that the center will have a regional draw. With respect to the City's
current regulations on animal related commercial uses, they are defined as related to the
temporary care, medical treatment or cremation of domestic animals. Then the code breaks that
into two subgroups, the first of which is general subgroup and examples provided within the code
include veterinary clinics, animal grooming establishments and pet crematoriums. The second
subgroup is the intensive subgroup and examples include kennels and stables. Heitner pointed
out general animal related commercial is allowed provisionally in CN -1 (Neighborhood
Commercial) but not in CH -1 (Highway Commercial), which maybe is a little bit of an oddity given
that CN -1 is a less intense zone than CH -1 and operates in a more neighborhood context.
In terms of the proposed code amendments that staff is recommending, the first would be to
allow general animal related commercial uses as a provisional use in Highway Commercial (CH -
1) zones. Second, allowing animal daycare and indoor animal recreation uses as allowable
provisional general animal related commercial uses, which would be allowed provisionally in CN -
1, CH -1, CI -1, CC -2, CB -2, and CB -5 zones. And finally amending the definition of animal
related commercial uses to include animal daycare and indoor animal recreation uses.
Heitner stated Staff is also proposing to amend the code to allow private outdoor animal
recreation uses via special exception in CH -1 zones. This amendment is not intended to regulate
or otherwise constrain the keeping of household pets, or the development of public recreation
facilities such as public dog parks. The special exception process would require all outdoor
animal recreation uses to obtain approval from the City's Board of Adjustment. Staff is proposing
the following additional approval criteria to obtain a special exception for outdoor animal
recreation uses.
1. Outdoor animal recreation areas must be located at least 400' from any residential zone.
2. No outdoor animal recreation uses are allowed overnight.
3. All outdoor animal recreation areas must be fully enclosed by a fence that is of sufficient
height to prevent animals from escaping.
4. Animals shall not be permitted in an outdoor animal recreation area unless a handler is
present.
5. Where outdoor animal recreation facilities are accessed by the public, a double -entry
gate is required.
6. All outdoor animal recreation areas must be kept in a clean, dry, and sanitary condition.
7. All outdoor animal recreation areas shall be located in an interior side or rear yard and
screen from any right-of-way or adjacent residential zone by at least the S2 screening
standard
In terms of proposed definitions staff is recommending three:
1. Animal daycare, which would be a non-residential facility offering care for domestic
animals during daytime hours, not during overnight hours.
2. Indoor animal recreation, indoor facility used for the exercise, recreation or training of
domestic animals.
3. Private outdoor animal recreation and outdoor facility used for the exercise recreation or
training of domestic animals.
Heitner noted because this is an application for text amendment staff looks at consistency with
Comprehensive Plan as well as compatibility with the existing neighborhood. In context of the
Comprehensive Plan it does call for office and general commercial uses on CH -1 parcels which
staff sees as potentially fitting with this proposed development. 2513 North Dodge Street is not
specifically addressed in the Northeast District Plan, that Plan area terminates just south of it. As
far as compatibility with the existing neighborhood character, CH -1 parcels are predominantly
surrounded by office and research park uses and they tend to have larger scale buildings with
deeper setbacks. Heitner noted it's possible that a hybrid animal recreation use and office use
might be a nice complement to either the planned or existing office uses in the immediate area.
In terms of more broadly speaking rationale for the text amendments, staff feels that the
amendments would allow regionally focused animal related commercial uses to take advantage
of highway adjacency that's provided by CH -1 zones. The provisional criteria would require
soundproofing for all general animal related commercial indoor uses and private outdoor animal
recreation uses would be allowed as an accessory use only by a special exception in CH -1
zones.
Heitner noted that most the current CH -1 zones in the City are clustered around the Dodge
Street/1-80 interchange. The surrounding uses are predominantly either research park, interim
development -research park, or commercial office zones. He pointed out there's a pretty good
degree of buffering between where this use could be allowed and any adjacent residential.
In looking at this text amendment staff wanted to look at a few peers zoning ordinances, Heitner
showed a general snapshot of three zoning ordinances pertaining to animal services in Des
Moines, Cedar Rapids and Davenport. Des Moines and Cedar Rapids did have some kind of
separation requirement, Des Moines being about 200 feet to residential zones and Cedar Rapids
being 100 feet. The 400 -foot recommendation that staff is proposing is understandably larger
than those requirements. Des Moines and Cedar Rapids also allow animal services to take
place in a bit more suburban and urban oriented context. In Des Moines for example, animal
services can be even in mixed use in downtown. Most ordinances staff looked at had either a
fencing requirement or screening requirement, almost all of them had a requirement pertaining to
over nights and outdoor uses not being permitted.
The role of the Planning and Zoning commission is to recommend approval or denial to the City
Council within 45 calendar days of the date the City receives the rezoning text amendment
application or the rezoning shall be considered recommended for approval.
With respect to next steps, pending recommendation of approval by the Planning and Zoning
Commission, City Council will hold a public hearing to consider the proposed text amendments.
Staff is recommending amending the City Code to allow the following:
1. Allow general animal related commercial uses as a provisional use in Highway
Commercial (CH -1) zones.
2. the creation of animal daycare and indoor animal recreation uses as general animal
related commercial uses as provisional uses in CN -1, CH -1, CI -1, CC -2, CB -2, and CB -5
zones.
3. Allowing private outdoor animal recreation as an accessory use to be obtained by a
special exception in Highway Commercial (CH -1) zones.
Hensch noted on the 400 -foot requirement for separation from residential area seems way more
than the other peer groups and it seems overly prescriptive to him. Heitner agreed and noted
staff discussed that but it was a carryover from a provisional requirement from the intensive
animal related commercial use and seemed like a good starting point and a good distance to
include for this new outdoor animal recreation accessory use being created.
Hensch also asked if all proposed outdoor animal recreation areas have to go before the Board
of Adjustment. Heitner confirmed that was correct. Hensch noted it seems like there's a lot of
prescriptive things are prohibited when it's going to go to the Board of Adjustment anyway and
they could set all kinds of different requirements. Hensch noted it makes it seem like this could
only happen in this one place and he would like to see these kinds of things be more common
and around everywhere. He noted Colorado Springs, Colorado, was very pet friendly town and
that's very attractive to people and he'd like to see Iowa City go in that direction. He doesn't want
to stand in the way of anything today but would certainly like to see Iowa City be moving towards
more leniency and more pet friendly.
Baker asked if Hensch is recommending reducing the 400 -foot requirement. Hensch noted it
seems kind of random but it doesn't look like it hurts this application at all, it just may be for future
things. Baker said he would certainly support any sort of reduction if others wanted to do that.
Baker had a question about the three definitions, animal daycare, indoor animal recreation,
private and so forth. The animal daycare definition notes overnight kenneling is not allowed but
the others don't say that so are they allowed to provide overnight accommodations. Heitner
stated that overnight will not be allowed as a component of the outdoor animal recreation at all.
Baker stated if they had the capacity for it, even though it's called an outdoor recreation facility,
but they have a building so there could be room for indoor kennels for people who want to keep
their pets overnight there this would seem to even prohibit that. Russett stated the zoning code
regulates kennels differently and kennels are considered an intensive animal related commercial
use, which are only allowed in the CI -1 zone.
Martin asked about Bright -Eyed & Bushy -Tails that is out there and what are they zoned.
Russett said it is zoned CO -1, it does have a kennel as it's a vet clinic and the code allows
kennels as an accessory use to a vet clinic.
Baker asked for a clarification about the third standard on fencing height. Who determines the
height? Heitner said probably the building inspection services staff. That was a
recommendation again they saw in a peer community. They could just state a height, such as
Davenport states the fence must be six feet in height. Baker asked if that would be settled at the
Board of Adjustment? Heitner said it could be. Baker noted if six feet is sufficient for the City dog
parks, then why not have that be sufficient for this amendment.
Baker also noted there's no specification here about type of fence, chain link fence versus a
wooden fence or a fence that can be seen through, is there any requirement in terms of the
opaqueness of the fence. Heitner replied there's no requirement. Baker stated lastly regarding
fence height, the whole thing is to prevent animals from escaping and he's had some experience
with dogs ignoring the height of a fence and figuring out a way to go under that fence. Dyer
stated that is why there is a requirement of having to be with a handler.
Signs asked what the standard for residential heights limitations on fences is. Hekteon thinks it is
six feet. Signs notes some possible rewording of bullet point number three and referencing a six
-foot minimum fence height, which means it could be considerably greater than that.
Townsend asked if there was any input or notification of the current tenants around that area of
this going in the area. Russett stated since it's not a map amendment, there's no noticing
requirement.
Hensch opened the public hearing.
Phil O'Brien (416 2nd Avenue) came forward to answer questions.
Baker asked how tall would the fence at the facility be. O'Brien said that is o be determined but
they will make sure all the dogs stay in it.
Hensch asked if any of the recommendations staff has the report cause any question or pause,
or can they be worked with? O'Brien stated it is definitely stuff he can work with.
Dyer asked if O'Brien was familiar with a facility like this elsewhere? O'Brien noted they've done
some research and looked at different facilities around the country. They range everything from a
warehouse space with the garage door to elaborate 50,000 square foot facilities.
Signs noted his interpretation is it's basically an office building with a lot of indoor dog amenities.
O'Brien stated it will be a metal frame building, part of it was modeled after the University of Iowa
rec center, so there is an elevated track and an open area below. There will also be meeting
areas and a retail restaurants and co -labs.
Hensch closed the public hearing.
Parsons moved the Commission approve ZCA19-06 an application submitted by Phil
O'Brien requesting an amendment to the zoning code to allow animal related commercial
uses in the Commercial Highway (CH -1) zone to allow for the development of a
community based indoor dog park and recreation center at 2513 North Dodge Street.
Signs seconded the motion.
Hensch stated he thinks it's overly prescriptive, but he really wants this to pass, so maybe that is
a conversation for a future date to address the 400 -foot separation from residential. He will not
argue about that today as he likes this and hopes it's wildly successful and will support it.
Signs noted he is excited to see potentially see something going in on that piece of property, it
will really help that corner and it's a difficult spot.
A vote was taken and the motion passed 7-0.
11,a'
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5236
Ordinance No. 20-4820
Ordinance amending Title 14, Zoning, related to animal -related
commercial uses. (ZCA19-06)
Whereas, the current City Code does not allow general animal -related commercial uses in the
Highway Commercial (CH -1) Zone; and
Whereas, the purpose of the CH -1 zone is to permit development of service uses relating to
expressways or along arterial roadways, with the majority of CH -1 zoned property located around
North Dodge Street around the 1-80 interchange; and
Whereas, a community-based indoor dog park and recreation center has the potential to draw
visitors from the community, region, and people traveling with dogs, making it a use consistent
with the CH -1 zone purpose; and
Whereas, general animal -related commercial uses are allowed as a provisional use in several
other commercial zoning districts, including the less intense CNA zone; and
Whereas, given the distance from residential zones and adjacency to more intense land uses,
it is reasonable to amend the zoning code to allow general animal -related commercial uses in the
CH -1 Zone as provisional use, subject to certain regulations to mitigate potential negative
externalities associated with the use; and
Whereas, such general animal -related commercial uses often offer outdoor animal
recreational use; and
Whereas, Board of Adjustment evaluation of each private outdoor animal recreation use in
CNA zones is necessary to foster a transparent, public review process as staff and the Board of
Adjustment consider how each application may affect neighboring properties and to impose
conditions to mitigate potential negative externalities associated with the use that may be
particular to the application; and
Whereas, CNA zones, unlike other commercial zones, are primarily highway adjacent, and
are typically buffered by non-residential zones, making this zone well suited for private outdoor
animal recreation uses via special exception; and
Whereas, it is reasonable to allow for an accessory outdoor animal recreation use associated
with such general animal -related commercial uses in the CH -1 Zone by special exception,
provided that additional use specific approval criteria are met; and
Whereas, as the pet care industry expands, it is appropriate to amend the zoning code to
define and allow animal daycares and indoor animal recreation as general animal -related
commercial uses, and private outdoor animal recreation as an accessory use thereto; and
Whereas, the Planning and Zoning Commission held a meeting on January 16, 2020 and
recommend approval of the aforementioned zoning code amendments; and
Ordinance No. 20-4820
Page 2
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa, that:
Section 1. Title 14 of the Iowa City Code is hereby amended as follows:
a. Amend 14-2C-2, Table 2C-1, Principal Uses Allowed in Commercial Zones to add general
animal -related commercial uses as a provisional use in the CH -1 Zone, as follows:
Use
Subgroups CO -1 CN -4
CH -1 CIA CC -2
CB -2 CB -5
CB- MU
Categories
10
Animal-
General S PR
PR PR PR
PR PR
Related
Intensive
PR
Commercial
b. Amend 14-4A-4, Commercial Use Categories, by adding the underlined language as
follows:
B. Animal -Related Commercial Uses:
1. Characteristics: Commercial services related to the temporary care, medical
treatment, recreation, or cremation of domestic animals. Uses are divided into two (2)
subgroups based on the intensity of the use, outdoor activity on the site, and the
potential for noise and odor -related externalities.
2. Examples: This category includes uses from the two (2) subgroups listed below:
a. General: Veterinary clinics; animal grooming establishments; pet crematoriums;
animal daycare: indoor animal recreation
b. Intensive: Kennels; stables.
3. Accessory uses: Boarding facilities and pet crematoriums within veterinary clinics;
overnight sleeping accommodations for staff; private outdoor animal recreation;
parking; outdoor animal exercise areas associated with kennels and stables.
4. Exceptions:
a. Pet and pet supply stores are classified as sales oriented retail.
b. Pet crematoriums may also be considered an accessory use to a mortuary or
funeral home.
c. Amend 14-413-413, specific approval criteria for provisional uses and special exceptions for
Commercial Uses, by deleting the stricken language and adding the underlined language as
follows:
Ordinance No. 20-4820
Page 3
2. General Animal -Related Commercial In CN -1, CH -1, CO -1, CC -2, CB -2, And CB -5
Zones: All tS of the t' f the ficiGty—inrl, clinn nnv nacacc, d
2. No private outdoor animal recreational uses are allowed overnight
3. All Private outdoor animal recreation areas must have secure fencing in place
so that animals cannot escape
4. Animals shall not be permitted in a Private outdoor animal recreation area
unless a handler is present.
d. Amend 14-9A-1, Definitions, as follows:
PRIVATE OUTDOOR ANIMAL RECREATION: An outdoor facility used for the exercise
recreation, or training of domestic animals.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Ordinance No. 20-4820
Page 4
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof no adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval, and
publication, as provided by law.
Passed and approved this 3rd day of march 2020.
or
veny d
< 2-19--20
City Attorney's Office
Ordinance No. 20-4820
Page 5
It was moved by Mims and seconded by Thomas that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
x
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 02/18/2020
Vote for passage: AYES: Mims, Salih, Taylor, Teague, Bergus, Weiner
NAYES: None. ABSENT: None.
Second Consideration -
Vote for passage:
Date published 03/12/2020
Moved by Mims, seconded by Taylor, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for
final passage at this time.
AYES: Mims, Salih, Taylor, Teague, Thomas, Weiner, Bergus.
NAYS: None. ABSENT: None.