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Staff Recommendation

Deny the request for a dog boarding facility in the A (Agricultural) zone because the request does not meet the criteria for use-on-review approval, and it will adversely impact surrounding residential properties.

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This request is for a dog boarding facility on a 4.8-acre property in a residential area. The property currently accommodates a house and a large accessory structure. The property is accessed via a private gravel road that is shared with 9 other properties.

The proposal includes a 30 ft x 60 ft metal structure with a 10 ft x 60 ft controlled outdoor run, within a fenced outdoor area measuring 55 ft by 130 ft (approximately). The proposed structure includes sixteen kennels, each measuring 4 ft wide x 10 ft deep, an indoor training area, a cat room, and a lobby space. The existing accessory structure along the northern property boundary will be used for storage. The applicant's proposed operations summary and waste disposal plan are marked as Exhibits B and C.

DEVELOPMENT STANDARDS FOR USES PERMITTED ON REVIEW (ARTICLE 4.10, SECTION 2)

The planning commission, in the exercise of its administrative judgment, shall be guided by adopted plans and policies, including the general plan and the following general standards:

1) THE USE IS CONSISTENT WITH ADOPTED PLANS AND POLICIES, INCLUDING THE COMPREHENSIVE PLAN OF KNOX COUNTY.
A. The property is designated as the SR (Suburban Residential) place type in the Comprehensive Plan, which is primarily intended for single-family residential development. Commercial uses are not listed as a primary or secondary use within the land use mix of this place type.
B. Without adequate provisions for noise control, a dog boarding facility can significantly affect its surrounding environment, potentially causing nuisance and stress for both animals and humans, which would be inconsistent with the Comprehensive Plan's Implementation Policy 2, to ensure that development is sensitive to existing community character.

2) THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE.
A. The A zone is intended to provide for a wide range of agricultural and related uses as well as residential uses with low population densities and other compatible uses which generally require large areas or open spaces. The proposed dog kennels are permitted via the use on review process.
B. There are no supplementary standards for commercial dog kennels in the A zone. However, other provisions of the ordinance require a minimum setback of 100 ft when such uses adjoin residential properties. For example, the A zone prohibits the outdoor animal area of a veterinary clinic within 100 ft of any residence other than that of the subject property owner (Article 5.22.03.M), and the CA (General Business) and CB (Business and Manufacturing) zones require a minimum setback of 100 ft and have provisions for a landscape screen when a commercial kennel adjoins a residential, office, or commercial zone (Article 4.99).
C. The proposed structures shall be at least 200 ft away from the nearby dwellings to the east and at least 300 ft from nearby residences to the north and south. The existing houses to the west are approximately 780 ft away and separated by an undeveloped property.
D. The proposed structure and outdoor fenced area meet the minimum setbacks for nonresidential uses (i.e., 50 ft front setback and 35 ft side and rear setbacks). The existing accessory structure to the north is nonconforming to the minimum side setback requirement.

3) THE USE IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD WHERE IT IS PROPOSED, AND WITH THE SIZE AND LOCATIONS OF BUILDINGS IN THE VICINITY.
A. The subject property is surrounded by residential developments on three sides. While some of these property owners may have dogs that spend time outdoors, it would be 1 or 2 dogs at a time, sporadically spread through the area, which would be a lesser degree of noise than what would be generated by a kennel.
B. The size and scale of the proposed structure are consistent with other structures in the vicinity.

4) THE USE WILL NOT SIGNIFICANTLY INJURE THE VALUE OF ADJACENT PROPERTY BY NOISE, LIGHTS, FUMES, ODORS, VIBRATION, TRAFFIC CONGESTION OR OTHER IMPACTS WHICH MAY DETRACT FROM THE IMMEDIATE ENVIRONMENT.
A. The applicant has proposed the following measures to help mitigate noise and odor concerns; however, the effectiveness of the proposed sound attenuation measures is unverified.
i. The structure's location at least 200 ft from other dwellings is greater than the minimum required setback for similar uses,
ii. Installation of a concrete floor and 4-6 inch thick spray foam inside all exterior walls to block sound,
iii. Installation of an 8-ft tall wooden fence to minimize outside distractions for dogs,
iv. Installation of evergreen trees along the east and south of the outside fenced area,
v. limited hours for dog drop-off and pick-up,
vi. Controlled time, and a limited number of dogs allowed outside at one time,
vii. A waste disposal plan with protocols for daily operations and weekly waste removal service.

5) THE USE IS NOT OF A NATURE OR SO LOCATED AS TO DRAW SUBSTANTIAL ADDITIONAL TRAFFIC THROUGH RESIDENTIAL STREETS.
A. The road is gravel, and it is shared with 9 other properties. This use would generate more trips than a low-density residential use, as is common in this area, and since it's gravel, it would degrade more quickly than if it were paved. There is a maintenance agreement already in place, but it does not address which types of uses are permitted to use it. Typically, all property owners would share in its future maintenance. The other owners are not in support of a commercial kennel sharing their road.
B. Knox County Engineering and Public Works Department does not support the proposed use under the current road configuration and will require widening the street to 18 ft from the intersection with N Wooddale Road to the development access point if the use is approved.

6) THE NATURE OF DEVELOPMENT IN THE SURROUNDING AREA IS NOT SUCH AS TO POSE A POTENTIAL HAZARD TO THE PROPOSED USE OR TO CREATE AN UNDESIRABLE ENVIRONMENT FOR THE PROPOSED USE.
A. There are no known uses in the area that could be a potential hazard or create an undesirable environment for the proposed use.