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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) I_1AL�a:ILviI4 &_5 Description Council Memo Staff Report with Attachments P&Z Minutes Ordinance � r 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 ,:a -- wM r* , = w� .. � ► f m r+o kr) 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 N*le]LTA ILTA 14►1B7_VA01*11,6'0tNIII11VYd0l1Jki Is] IX 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.