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ITEM 17 |
City Council Memorandum Development Services Memo No. 21-038
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Date: |
August 12, 2021 |
To: |
Mayor and Council |
Thru: |
Joshua H. Wright, Acting City Manager Debra Stapleton, Assistant City Manager Derek D. Horn, Development Services Director |
From: |
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Subject: |
PLH20-0070 Dogtopia Use Permit Extension |
Request: |
Use Permit time extension for continued operation of an outdoor dog play area |
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Location: |
4901 S Arizona Avenue, Suite 7 |
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Applicant: |
Adam Baugh, Withey Morris PLC |
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Proposed Motion: |
Move City Council approve Use Permit, PLH20-0070 Dogtopia Use Permit Extension, located at 4901 S. Arizona Avenue, Suite 7, at the northeast corner of Arizona Avenue and Chandler Heights Road, subject to the conditions recommended by Planning and Zoning Commission. |
Background Data: |
- Zoned as Planned Area Development (PAD) for C-2 Community Commercial District uses; approved in March 2008
- C-2 Community Commercial District permits indoor animal daycare uses, with or without overnight boarding
- Zoning Code requires Use Permit approval for outdoor animal play area associated with animal daycare
- Initial use permit for Dogtopia was approved December 12, 2019, and was valid for one (1) year with conditions. Continuation of the use permit beyond expiration date requires re-application to the approval the City of Chandler.
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Surrounding Land Use Data: |
North |
Basis Charter School |
South |
Shoppes at Chandler Heights (PAD) |
East |
Single-Family Residential (PAD) |
West |
Shoppes at Chandler Heights (PAD) |
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Proposed Development: |
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Approved Operational Characteristics for 2019 approved Use Permit |
Proposed Operational Characteristics Use Permit Extension |
Size of Outdoor Animal Play Area |
+/- 1,000 Square Feet |
No Change |
Days/Hours of Operations (Indoor) |
Seven Days a Week; Monday through Friday: 7:00 a.m. to 7:00 p.m.; and, Saturday to Sunday: 10:00 a.m. to 5:00 p.m. |
No Change |
Days/Hours of Operation (Outdoor Animal Play Area) |
Six Days a Week; Monday through Friday: 9:00 a.m. to 10:30 a.m. and 3:30 p.m. to 5:00 p.m.; and, Saturday 10:00 a.m. to noon.; 30-minutes per Group |
Six Days a Week; Monday through Friday: 9:00 a.m. to 11:00 a.m. and 3:00 p.m. to 5:00 p.m.; and, Saturday 10:00 a.m. to noon. 30-Minutes per Group |
Proposed Occupancy (Outdoor Animal Play Area) |
Approximately Thirty-Nine (39) Small Breed Dogs; or, Thirty (30) Large Breed Dogs |
No Change |
Ratio of Staff Trainers to Dogs |
1 Staff Member for Every Twenty (20) Dogs |
No Change |
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Review and Recommendation: |
A Use Permit was approved in December 2019 for an outdoor animal play area as an accessory use to Dogtopia, an animal daycare, which opened in August 2019. The Use Permit was approved for one year with conditions. The outdoor animal play area is located at the rear of the in-line shops. It does not impact site circulation or parking. Buffering from the single-family residential neighborhood, which is approximately 150 feet from the outdoor animal play area eastward to the nearest residential lot, is provided via landscaping and a masonry perimeter screen wall. Additionally, the outdoor animal play area is enclosed by an eight (8) foot tall opaque privacy fence. The intent of the Use Permit is to ensure compatibility with the neighboring residentially zoned area to the east of the site. In 2019, during the review of the original Use Permit, neighbors expressed concerns regarding the potential noise from barking dogs. In response, the applicant provided a sound study and agreed to implement sound attenuation measures in order to ensure compatibility with the adjacent residences. It was determined that a one (1) year time condition would be sufficient as a trial period to test the compatibility of the outdoor dog run with the closest residents to the east. The intent of the sound study and attenuation was that the dogs would not be louder than the ambient noise level across the commercial property line, and that employees would be trained to quickly address barking when it does occur. Initially, Dogtopia proposed multiple changes to the use permit as part of the requested time extension, including longer hours of operation for the outdoor dog play area, a higher occupancy of dogs in the dog play area no matter the size of dog, a lower ratio of trainers to dogs in the outdoor play area, and a time extension of three years. In order to determine whether the requested changes would be compatible with the adjacent neighborhood, Planning staff agreed to a 90-day trial to test out the compatibility of the proposed changes. The trial was held from March 8th, 2021, to June 6th, 2021. After the trial, the City reached out to neighbors in the community to see how the changes were perceived. In reviewing the current request to extend the Use Permit, Planning staff relied on feedback from neighboring residents to determine whether the outdoor animal play area has been compatible with their neighborhood. The ambient noise level was not set at a specific decibel level, thus, compatibility is subjective to the listener. There were multiple calls, reports, and videos sent from an adjacent neighbor to Planning staff expressing concern over Dogtopia dogs being too loud over the year of the Use Permit. The concerned neighbor did not attend the neighborhood meetings, but opted to contact staff directly. Toward the end of the trial period, neighbors reported that the barking had been significantly reduced and were willing to give Dogtopia another chance. Neighbors were hesitant to allow Dogtopia to intensify their use, as the applicant was initially requesting, due to the noise complaints that were made throughout the first year. However, they also understood that the year 2020 was an uncommon year due to COVID-19 pandemic with more residents working from home, which made it difficult to judge the compatibility of the outdoor animal play area. As such, the neighbors were agreeable to giving Dogtopia a one-year time extension with no changes to the original conditions, except for increasing the time windows when dogs can utilize the outdoor play area by thirty minutes each in the morning and the afternoon. The applicant, while preferring to continue to request the changes, acknowledged the importance of receiving neighborhood support and therefore has agreed to another one year time extension as stated. Given the agreement between neighbors and the applicant, Planning staff finds that the requested Use Permit time extension for one more year is appropriate. |
Public / Neighborhood Notification |
- This request was noticed in accordance with the requirements of the Chandler Zoning Code.
- The first official neighborhood meeting was held on January 21st, 2021. There was no one in attendance other than the applicant and staff.
- The second official neighborhood meeting was held on February 18th, 2021. There was no one in attendance other than the applicant and staff.
- Following the 90 trial with the new proposed business operations, staff met with two adjacent neighbors to receive their input and determine what conditions they would be agreeable.
- As of the writing of this memo, Planning staff is not aware of any opposition to the Use Permit extension.
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Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting July 21, 2021. Motion to Approve In Favor: 4 Opposed: 0 Abstain: 1 (Rose) |
Recommended Conditions of Approval |
Planning staff finds the request is in compliance with the General Plan and Planning and Zoning Commission recommends City Council approve the Use Permit, subject to the following conditions:
- Substantial expansion or modification beyond the approved exhibits (Site Plan, Floor Plan, Elevations and Narrative), as kept on file in Case No. PLH20-0070, shall void the Use Permit and require new Use Permit application and approval, unless otherwise amended via conditions herein.
- Use Permit approval does not constitute Final Development Plan approval; compliance with the details required by all applicable codes and conditions of the City of Chandler and this Use Permit shall apply.
- The site shall be maintained in a clean and orderly manner.
- Sound shall be controlled so as to not unreasonably disturb area residents and shall not exceed the ambient noise level as measured at the commercial property line.
- The establishment shall provide a contact phone number of a responsible person (i.e., owner and/or manager) to interested neighbors to resolve noise complaints quickly and directly.
- There shall be 1 Staff Member for Every Twenty (20) Dogs.
- The outdoor animal play area shall be limited to the hours of 9:00 a.m. to 11:00 a.m. and 3:00 pm to 5:00 p.m., Monday through Friday; and, 10:00 a.m. to 12:00 p.m. on Saturday.
- There shall be no outdoor animal play within the outdoor animal play area on Sunday.
- No dogs shall be left unattended in the outdoor animal play area and a staff member of the business shall always accompany any outdoor activity.
- The number of dogs in the outdoor dog play area shall not exceed Thirty-Nine (39) Small Breed Dogs; or, Thirty (30) Large Breed Dogs.
- The Use Permit shall be valid for a period of one (1) year from the date of City Council approval. Continuation of the Use Permit beyond the expiration date shall require re-application to and approval by the City of Chandler.
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