6.4 ITEM 6.4.
ty of � MEMORANDUM
lk •
River TO: Planning
Commission
FROM: Scott Harlicker, Planning Assista ti ;,
DATE: October 22, 1996
SUBJECT: City of Elk River Request for
Ordinance Amendment relating to
Definitions and Allowed Use for
Commercial and Private Kennels,
Public Hearing Case No. OA 96-13
Request
Consider a request by the City of Elk River to amend Section 900.08 and
Section 900.12 relating to definitions and allowed use to include definitions
for commercial and private kennels and to include them as an allowed use in
the Al and Rla districts.
Issue
• At the September Planning Commission meeting, the Commission considered
this request. After reviewing the request the Commission asked that the
definition for commercial and private kennels be clarified. As written, the
definition for commercial kennels seemed to include agricultural animals and
the Commission did not believe that was the intention. In addition, in the
definition for private kennels it was not clear was intended by the clause," or
more than 10 cats over the age of six months if located on a premise of 10
acres or more.
The City Attorney's office has attempted to addressed the Commission's
concerns and revised these definitions. The new definitions are as follows:
• Commercial kennels
"any premise where more than 3 animals over 6 months of age are
boarded, trained or bred for compensation or are offered for sale,
except for animals being raised as agricultural livestock, an animal
hospital, veterinary clinic or pet shop."
• Private kennels
"any premise where more than 3 dogs or 3 cats over the age of 6
• months are harbored or kept, except for a commercial kennel. A
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission/OA 96-13 Page 2
October 22, 1996
premise of 10 acres or more that is used to harbor or keep up to 10
• cats over the age of 6 months shall be excluded from this definition, so
long as all of the cats have been spayed or neutered."
It is hoped that these revised definitions address the Commission's concerns.
If so, it is recommended that the Commission recommend approval of the
attached Ordinance No. 96- amending the definition section of the zoning
code to include definitions for commercial and private kennels and allowing
commercial kennels as a conditional use in the Al and Rla zone and private
kennels as an accessory use in the Al zone and as a conditional use in the RI
district.
•
•
s:\planning\pc\oa96-13.doc
ORDINANCE 96-
• CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE
CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO
DEFINITIONS AND CONDITIONAL USES IN THE Al AND R1
ZONING DISTRICTS
CASE NO. OA 96-13
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 of the City of Elk River Code of Ordinance titled,
"Definitions" is hereby amended by deleting the definition of Kennel.
Section 2. Section 900.08 of the City of Elk River Code of Ordinance titled,
"Definitions" is hereby amended by adding the following 2 definitions:
Kennel, Commercial: Any premised where more than 3 animals over 6
months of age are boarded, trained or bred for compensation or are
offered for sale, except for animals being raised as agricultural
livestock, an animal hospital, veterinary clinic or pet shop.
• Kennel, Private: any premise where more than 3 dogs or 3 cats over
the age of 6 months are harbored or kept except for a commercial
kennel. A premise of 10 acres or more that is used to harbor or keep up
to 10 cats over the age of 6 months shall be excluded from this
definition as long as all of the cats have been spayed or neutered;
Section 3. Sections 900.12 (4) of the City of Elk River Code of Ordinance
titled "Permitted, Accessory, and Conditional Uses" is hereby amended to add
the following accessory use:
4. Al Agricultural Conservation District
B. Accessory Uses
v. Private kennels
Section 4. Sections 900.12 (4) and 900.12 (5) of the City of Elk River Code of
Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby
amended to add the following conditional use:
4. Al Agricultural Conservation District
C. Conditional Uses
vii. Veterinary clinics and commercial kennels
5. R1 Single Family Residential District
• C. Conditional Uses
xii. Commercial kennels in Rla
xiii. Private kennels in Ria
Section 5. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this day of ,1996,by the City Council of the
City of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
III
•
s:\document\ordinance\oa96-13.doc