St Lucie County
Florida

Resolution
RES-2017-193

Tilton Road Dog Retreat- Conditional Use Permit

Information

Department:Planning DivisionSponsors:
Category:Conditional UseFunctions:Quasi-Judicial

Financial Impact

N/A

Previous Action

August 17, 2017 - The Planning and Zoning Commission recommended unanimous approval of the request to the Board of County Commissioners.

Recommendation

Staff recommends approval for this petition subject to the conditions set forth in the draft resolution.

 

Background

The Planning and Development Services Department, Planning Division received a petition on May 1, 2017 from Matthew and Jann Rudd requesting a Conditional Use Permit to operate an enclosed dog kennel facility on a 9.76 acre property. Planning and Development Services staff considered the definition of a completely enclosed kennel and made the determination that this section of the code refers to the kennel as where the dogs reside. An outdoor run and activity area may be provided for the purpose of airing the dogs. The applicant is proposing an indoor, full-service boarding, grooming and training facility with outdoor play areas. The outdoor play areas will be situated along the north side of the dog kennel. The subject property is zoned AR-1 and is located approximately 600 feet east of Prima Vista Boulevard, on the north side of Tilton Road. Port St. Lucie Utilities will provide public water and sewer service. The subject property is partially developed. The previous residence was destroyed due to a fire. New construction is proposed for a +/- 2,668 sq. ft. building that will be utilized as the kennel along with retaining the existing +/- 3,300 sq. ft. metal structure for ancillary uses. The business is proposed to be open seven days of the week and shall be staffed 24 hours a day with on-site personnel.

 

 

Meeting History

Sep 5, 2017 6:00 PM Video Board of County Commissioners Regular Meeting

This item was presented by Bethany Grubbs, Planner.

The Planning and Development Services Department, Planning Division received a petition on May 1, 2017 from Matthew and Jann Rudd requesting a Conditional Use Permit to operate an enclosed dog kennel facility on a 9.76 acre property. Planning and Development Services staff considered the definition of a completely enclosed kennel and made the determination that this section of the code refers to the kennel as where the dogs reside. An outdoor run and activity area may be provided for the purpose of airing the dogs. The applicant is proposing an indoor, full-service boarding, grooming and training facility with outdoor play areas. The outdoor play areas will be situated along the north side of the dog kennel. The subject property is zoned AR-1 and is located approximately 600 feet east of Prima Vista Boulevard, on the north side of Tilton Road. Port St. Lucie Utilities will provide public water and sewer service. The subject property is partially developed. The previous residence was destroyed due to a fire. New construction is proposed for a +/- 2,668 sq. ft. building that will be utilized as the kennel along with retaining the existing +/- 3,300 sq. ft. metal structure for ancillary uses. The business is proposed to be open seven days of the week and shall be staffed 24 hours a day with on-site personnel.

A public hearing notice in accordance with the St. Lucie County Land Development Code Section 11.00.03 was placed in the St. Lucie News Tribune on August 24, 2017. Notices were mailed to property owners within a 500 foot radius, and a public hearing notification sign was installed on the property. The applicants held an onsite neighborhood meeting on May 31, 2017 and the need for a separation wall was discussed because the noise from the dogs barking may spook the horses on the adjacent property. The applicant is proposing to install an 8 ft. high opaque wood fence to be lined with a sound-reducing product.

Staff finds that, with the conditions of approval as drafted, this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends approval for this petition subject to the conditions set forth in the draft resolution. Highlights of the conditions include:

1. All kennel activities shall occur within an enclosed structure, with the exception of airing the dogs in the designated outdoor run area and outdoor play areas.

2. New structures and additions to existing structures which are used for boarding animals shall be located no closer than 100 feet to a side property line, no closer than 100 feet from the rear property line, no closer than 100 feet from the front property line, and shall be completely enclosed.

3. Client drop-off and pick-up shall be restricted to the hours of 7:00 a.m. to 7:00 p.m. on weekdays and weekends.

4. No dogs shall be outside in the activity areas before 8:00 a.m. and after 6:00 p.m.

5. The outdoor dog run shall be fenced in and separated from the outdoor activity area to allow for a reduced nighttime walking area so as not to cause nuisances during the overnight hours.

6. No more than 50 dogs shall be boarded on the property at any one time.

7. The owner at all times shall comply with the St. Lucie County Code of Ordinances, Section 28-107 through 28-112, as amended regulating noise.

8. The owner shall comply with the St. Lucie County Code of Ordinances, Section 6-

26, as amended regulating Animal Care.

9. A 24-inch continuous hedge shall be installed on both sides of the 8ft. high noise reduction fence.

Commissioner Bartz and Commissioner Townsend asked questions regarding the sound-reducing fence and landscaping. Ben Balcer, Environmental Regulations Manager, clarified the requirements of the ordinance.

Chairman Dzadovsky asked the County Planner to clarify that this item was regarding a conditional use and that the site plan approval would come later and she agreed.

Chairman Dzadovsky noted that this item was quasi-judicial and asked for Commissioners’ disclosures. Chairman Dzadovsky noted that he met with the Kanes and the applicant’s representatives and staff. Commissioners Mowery and Bartz noted the same. Commissioner Townsend met with the applicant’s consultant.

Mike McCarty, with McCarty Land Planning and Design and representing the applicant, presented additional details about the owners and the plan for the Dog Retreat. He also noted that letters the County received in opposition to this project were few in comparison to the 163 letters in support. He clarified that this project is a small, upscale boutique kennel that will provide 15 to 20 jobs. They have tried to reduce any noise impact to their neighbors. Mr. McCarty clarified that the applicants do not have a definite use plan for the existing building and that they might use the existing building to house dogs. Therefore, he couldn’t guarantee that the applicants would be willing to accept the condition of a 100 ft. setback from property lines for structures that house animals because the existing building is 35 ft. from the property line. Mr. McCarty asked that the conditional use permit reflect a 35 ft. setback to accommodate the existing building.

Chairman Dzadovsky asked staff what was their position on a waiver from the 100 ft. setback condition. Staff responded that the 100 ft. setback was put in place to give assurances that buildings wouldn’t be moved closer to property lines in the final site plan. Leslie Olson, Planning and Development Services Director, indicated that staff added the 100 ft. setback provision to ensure that the intent of using the existing building only for storage would be fulfilled.

Mr. McCarty responded that the applicant would be willing to put sound dampening material in the existing building if it would house dogs. He also pointed out that the applicants have to comply with the county’s noise ordinance, and he felt that they would be able to comply with required noise levels without the 100 ft. setback for the existing building.

Chairman Dzadovsky asked Mr. McCarty to clarify the total number of dogs housed on the property. Mr. McCarty responded that it was a total of 50 dogs between all buildings.

Chairman Dzadovsky asked staff for their recommendations regarding the setback. Staff recommended the 100 ft. setback

Chairman Dzadovsky put forward a recommendation to put an addition on the opposite side of the existing building in order to get the required setback. Mr. McCarty said that was acceptable.

Commissioner Mowery cautioned that the Board needed to be clear about what they are proposing because this would cause the final site plan to differ from the conceptual plan. He asked about whether the permit should limit the number of dogs or the total square footage of the buildings.

The Board and the staff discussed the options for setback and total square footage vs. number of dogs. They agreed that the conditional use would:

· Restrict the overall building square footage to 6,000 square feet including the existing storage building

· Restrict the dog housing to 100 ft. from all property lines, except 90 feet on other side of the existing building

· Remove the 50-dog limit.

Chairman Dzadovsky opened the item for public comment at this time.

Deborah Kane, St. Lucie County resident, expressed her concern about using the storage building to house dogs and voiced here support for the 100 ft. setback for dog housing.

Chairman Dzadovsky closed public comment.

Commissioner Townsend motioned to approve the item with the conditions as amended:

· Restrict the overall building square footage to 6000 square feet including the existing storage building

· Restrict the dog housing to 100 ft. from all property lines, except 90 feet on other side of the existing building

· Remove the 50-dog limit.

Commissioner Mowery seconded the motion and the motion carried 4-0.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Cathy Townsend, District No. 5
SECONDER:Tod Mowery, District No. 2, Vice-Chairman
AYES:Chris Dzadovsky, Tod Mowery, Linda Bartz, Cathy Townsend
ABSENT:Frannie Hutchinson