Planning Commission recommends kennel CUP at 1206 Rizzo Lane with taller fence

The Belgrade Planning Commission on Aug. 31 recommended that city council approve a conditional-use permit for a commercial kennel and gym at 1206 Rizzo Lane, voting to add an amendment requiring a taller fence around the kennel area.

Emily Martinez, Planner I for the city, summarized the application and the applicable code criteria and told commissioners the proposal includes a roughly 8,700-square-foot building on Lot 7, Block 15 of the Henson Subdivision Phase 2. "I'm Emily Martinez, planner 1, And I'm presenting a request for a conditional use permit for a commercial kennel on 1206 Rizzo Lane on behalf of the authorized agent Nathan Harmon and property owner Brad Hall," Martinez said during her presentation, and she recommended approval in the staff report.

Applicant Nathan Harmon of Scenic Design Studio described operations and site layout, saying animals would be kept indoors overnight and exercised during daytime hours in a fenced area adjacent to the building. "During the evening, yes. But during the day, we plan on exercising the dogs," Harmon said, adding he had engineers on staff addressing drainage and sanitation.

Several commissioners pressed the applicant on fencing, noise and staffing. Commissioners noted the city fence code typically allows 4 feet in the front yard and 6 feet on side and rear yards, with screening allowances up to 8 feet. Commissioners and the applicant discussed using a 6-foot fence or screening to reduce escapes and noise.

Public commenters strongly opposed placing a kennel so close to homes. Resident Sadia Wohler, who said she lives about 170 feet from the proposed lot, told the commission the neighborhood is a quiet, pedestrian-oriented area and that aircraft in the nearby flight path can already make noise so additional barking would worsen sleep and outdoor enjoyment. "A commercial dog kennel this close to a residential neighborhood raises serious concerns about noise, traffic, safety, quality of life, and the, ultimately, the value of our homes," she said.

Brent Wilting’s emailed comment, read into the record by staff, recommended several enforceable conditions should the CUP be approved, including a maximum dog capacity and staff-to-dog ratios, daytime-only outdoor activity, enclosed waste storage, sound-barrier fencing and a six-month compliance review with escalating enforcement up to license revocation.

After discussion, Commissioner Matthew Anderson moved to recommend approval "of the commercial kennel condition use on 1206 Rizzo Lane as proposed by the applicant" and the commission then approved an amendment to increase the fence from 4 to 6 feet for the kennel area. The commission approved the motion with the amendment; the chair recorded the tally as two in favor and one opposed. Commissioners and staff noted this action is a recommendation to city council, which has final approval authority.

The Planning Commission’s recommendation includes the fence-height amendment and leaves licensing, ongoing inspections and potential revocation to the city’s kennel-license process should operational problems later arise.