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    6.    
City Council Regular
Meeting Date: 02/07/2018  
Subject:    PC 17-37, Consider Adoption of Ordinance 2203 to Allow Veterinary Clinics as a Permitted Use in the Regional Shopping District, Sambatek, Inc.
From: Scott Harlicker, Planner

INTRODUCTION
The applicant is requesting City Council approval of Ordinance 2203 to allow veterinary clinics as a permitted use in the Regional Shopping District.
DISCUSSION
The applicant is requesting the City Council approve Ordinance 2203 to allow veterinary clinics as a permitted use in the Regional Shopping District. The code currently allows veterinary clinics, animal hospitals and kennels - with no outdoor runs, as permitted uses in the General and Community Commercial Districts and in the Office District. The same uses are not allowed in the Regional Shopping District. However, two related uses are permitted in the Regional Shopping District, pet stores and pet grooming shops provided no animal is kept overnight or outside and no noise is audible outside the building or lease space. The applicant believes that veterinary clinics share the same characteristics as pet stores and pet grooming shops and should be allowed in the Regional Shopping District. The existing Pet Smart business, along with selling pet supplies, also offers grooming, training and veterinary services through Banfield Pet Hospital.

When considering an ordinance amendment, the following must be considered:
  • The health, safety, order, convenience and general welfare;
  • Effect on present and potential land uses, and
  • Whether or not the proposal is in conformance with the City's Comprehensive Plan and any applicable development district.
The proposed change should not adversely affect the health, safety, order, convenience and general welfare. The proposed use has similar characteristics as two other similar uses currently permitted in the Regional Shopping District. The proposed use should not have an adverse effect on present and potential land uses. By prohibiting any outdoor runs, noise will be minimized. Permitting the proposed use would be consistent with the Comprehensive Plan in that it would allow a use that would serve the neighborhood, community and regional consumers.The proposed use will expand the variety of services offered in the Regional Shopping District while not creating adverse impacts on the customer's experience.

In the current code, veterinary clinics, animal hospitals and kennels are grouped together in the use table. The proposed ordinance eliminates that grouping. In the proposed ordinance, kennels are listed as a separate use, and the districts in which it is allowed do not change. Because of the similarities, veterinary clinics and animal hospitals are grouped together and proposed to be allowed as a permitted uses in the Regional Shopping District. The other districts are not affected. 

Planning Commission Meeting

At the Planning Commission meeting held on December 21st, no one spoke at the public hearing. The Commission discussed what, if any, are the differences between a veterinary clinic and a pet hospital. The zoning code does provide a definition for both uses.  The general interpretation is that pet hospitals are able to provide more intensive care for animals than a veterinary clinic.

City Council Meeting

At the Council meeting held on January 16th, the Council introduced the proposed ordinance amendment. The Council asked for clarification regarding the existing Banfield Animal Hospital located in Petsmart. The hospital and grooming areas were included on the building permit plans approved in 2002. It is possible that the animal hospital services were initially considered incidental and have evolved over time to become an integral part of the business. A case could be made that the hospital is not technically permitted under the current zoning code.  However, the proposed ordinance amendment would clear up the situation and make it a permitted use. The existing and proposed ordinance do not include a limitation on overnight boarding.

The other issue that was discussed was outdoor runs. Outdoor runs are currently prohibited in all commercial and the office districts. No changes are proposed regarding outdoor runs. Language was added that noise can not be audible outside the building or lease space.
RECOMMENDATION
1.  Adopt Ordinance 2203 to allow veterinary clinics and animal hospitals as permitted uses in the Regional Shopping District; and

2.  Authorize Summary Publication.

Attachments
Map Regional Shopping District
Ordinance 2203
Summary Ordinance 2203

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