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7.1 SR 12-20-2021Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings December 20, 2021 Chris Leeseberg, Senior Planner Item Description Reviewed by Ordinance Amendment: City of Elk River, Zack Carlton, Planning Manager Commercial Kennels as Allowed Use in Highway Reviewed by Commercial District Cal Portner, City Administrator Action Requested Adopt, by motion, an ordinance amending City Code Section 30-1024 highway commercial district. Background/Discussion Case Number OA 21-02 Commercial kennels were allowed in the C3 district (Section 30-1024), as a conditional use, per an adopted ordinance amendment (OA 17-11) in late 2017. During a comprehensive ordinance amendment for all commercial and industrial zoning districts (OA 18-03) in early 2018, commercial kennels were inadvertently not included in the conditional use portion of the C3 zoning district due to the timing of updates to MuniCode, our online ordinance service. When the C3 language was downloaded from MuniCode (online code of ordinances) to work on the 2018 amendment, the 2017 language had not yet been updated on MuniCode, so the recently added commercial kennel allowance was missed. This proposed amendment is allowing commercial kennels as a conditional use in the C3 district, consistent with the 2017 approval. Planning Commission No one spoke for or against the request and the Planning Commission unanimously recommended approval of the amendment. Financial Impact None Attachments ■ Ordinance The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 of .ver Ordinance 21 - to be removed Underlines to be added An Ordinance Amending Chapter, 30-1024, C-3 Highway Commercial District of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That � 30-1024 (h), C-3 highway commercial district of the City of Elk River Code of Ordinances shall be amended to read as follows: (h) Conditional uses. Conditional uses in the C-3 district are as follows: (1) Brewer taprooms, (producing 10,000 or more barrels of malt liquor annually). (2) Commercial recreational facilities. (3) Equipment rentals. (4) Governmental facilities. (5) Health care facilities, inpatient. 0�_Hospitals. ,, (7) Kennel, Commercial e4Landscaping contractor yards. (outside of the urban service district.) {- MLiquor establishments, off -sale (municipally owned). {� 10 Manufacturing, light (enclosed with related retail sales). {" 11 Microdistilleries. � 12 Ministorage (provided that the use is on unplatted land outside the urban service district). � 13 Motor vehicle repair shops. {} 14 Motor vehicle sales. {} 15 Motor vehicle specialty service stations. �16 Pawnshops. � 17 Religious institutions. � 18 Saunas, steam baths, and heat -bathing rooms. �19 Shopping centers. {" 20 Veterinary clinics. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 20th day of December, 2021. John J. Dietz, Mayor PIIIIE1 11 NATURE ATTEST: Tina Allard, City Clerk to be removed Underlines to be added PIIIIE1 11 NATURE City of Elk River Ordinance Amendment Background ■ Late 2017 —Comm. Kennels allowed in C3 district (OA 17-11) ■ Early 2018 -Comprehensive OA, all commercial and industrial zoning districts (OA 18-03) ■ Commercial kennels inadvertently not included in C3 ■ When staff downloaded the C3 language from MuniCode (online code of ordinances) to work on the 2018 amendment, the 2017 language had not yet been updated on MuniCode, so the recently added commercial kennel allowance was missed Background ■ This proposed amendment is allowing commercial kennels as conditional use in the C3 district PC Meeting ■ No one spoke for or against ■ PC no comments or concerns ■ Unanimously recommended approval Action Requested ■ Adopt, by motion, an ordinance amending City Code Section 30-1024 highway commercial district. (d) Conditional uses,..Conditional uses in the _3 district are as follows (1) Brewer taprooms, (producing 10,000 or more barrels of malt liquor annually). () Commercial recreational facilities. (3) Equipment rentals. (4) Governmental facilities. ( Health care facilities, inpatient. Hospitals. (R) Kennel, Commercial }{ Landscaping contractor yards:__(outside of the urban service district.)