Proposed Motion: |
Move City Council approve PLH22-0041 Dogtopia Use Permit Extension for the continued operation of an outdoor dog play area, subject to the conditions recommended by Planning and Zoning Commission. |
Background Data: |
- Zoned Planned Area Development (PAD) for Community Commercial (C-2) uses (2005)
- Zoning Code requires Use Permit approval for outdoor animal play areas in commercial districts
- December 12, 2019 - first Use Permit approved for Dogtopia's outdoor dog play area, subject to stipulations including 1-year expiration
- August 12, 2021 - Use Permit extension approved subject to stipulations including another 1-year expiration
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Surrounding Land Use Data: |
North |
Basis Charter School |
South |
Shoppes at Chandler Heights (commercial center) |
East |
Single-Family Residential |
West |
Shoppes at Chandler Heights (commercial center) |
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Proposed Development: |
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2021 Approval |
2022 Proposal with Use Permit Extension |
Size of outdoor dog play area |
1,000 square feet |
(no change) |
Days/Hours of Operation (Indoor) |
M-F 7AM to 7PM Sat. 10AM to 12PM Sun. 10AM to 5PM |
(no change) |
Days/Hours of Operation (Outdoor dog play area) |
M-F: 9AM to 11AM and 3PM to 5PM Sat: 10AM to 12PM Sun: None |
M-F: 8AM to 11AM and 3PM to 6PM Sat: 10AM to 12PM (no change) Sun: None (no change) |
Proposed Occupancy (outdoor dog play area) |
39 small breed dogs; 30 large breed dogs |
40 dogs (regardless of breed) |
Ratio of Staff Trainers to Dogs |
1 staff member per every 20 dogs |
1 staff member per very 40 dogs |
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Review and Recommendation: |
The initial Use Permit for Dogtopia's outdoor dog play area was approved in December 2019, at which time residents living to the east of the play area expressed concerns primarily with the potential noise that might be generated by dogs barking. Construction of the outdoor dog play area was completed in September 2020, leaving only four months of use before the applicant filed for a Use Permit time extension. Staff therefore stayed the application for several months in order to allow more time for the outdoor dog play area to be utilized before moving forward to the public hearings. Ultimately, another 1-year Use Permit was approved in August 2021, which expanded the times when dogs would be allowed in the outdoor play area. There was no opposition from neighbors when the Use Permit was extended in 2021. A copy of the approved Use Permit stipulations is attached for reference. The current request is to extend the Use Permit for four years and expand the times when dogs would be allowed in the outdoor play area by one additional hour each in the morning and afternoon, Monday through Friday, as shown in the table above. Further, this request includes revising the maximum number of dogs allowed at anytime from 39 small breed dogs or 30 large breed dogs to 40 dogs regardless of size or breed. Staff does not believe this change will have a significant impact on neighboring properties because the business has been operating for more than one year with the current limit of 39 small dogs, during which time no complaints have been received from neighboring residents. Additionally, this request includes changing the ratio of employees per dog from 1:20 to 1:40. According to the applicant, having more than one employee can confuse a group a dogs making it harder to manage their behavior. Within the last year, there have been no complaints to the Police Department regarding barking dogs at that location. The successful compatibility of Dogtopia's operations with the adjacent neighborhood can be attributed to the business owners' commitment to minimize any noise from the outdoor play area through employee training and careful management of the dogs. For this reason, staff is recommending approval with an additional stipulation stating that any change in business ownership shall require a new Use Permit approval. |
Public / Neighborhood Notification |
- The request was noticed in accordance with the requirements of the Chandler Zoning Code.
- A neighborhood meeting sign was posted on the site and on social media via
NextDoor.
- A neighborhood meeting was held on July 27, 2022. No one attended the meeting except for the applicant and staff.
- As of the writing of this memo, Planning staff is not aware of any opposition.
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Planning and Zoning Commission Vote Report |
Planning and Zoning Commission meeting September 7, 2022 Motion to Approve In Favor: 7 Opposed: 0 |
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. PLH22-0041, shall void the Use Permit and require new Use Permit application and approval, unless otherwise amended via conditions herein.
- 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.
- The outdoor animal play area shall be limited to the hours of 8:00 a.m. to 11:00 a.m. and 3:00 pm to 6:00 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 40.
- Any change in business ownership shall void this Use Permit and shall require new Use Permit application and approval by the City of Chandler.
- The Use Permit shall be valid for a period of four (4) years 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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