7.7. SR 11-18-1996ity of
iver
TT]~[ 7.7.
MEMORANDUM
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Planning Assistan~
November 18, 1996
SUBJECT:
City of Elk River Request for
Ordinance _Amendment Relating to
Commercial 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 for commercial and private kennels and
to include them as an allowed use in the A1 and Rla districts.
Attachment
Ordinance No. 96-
Issues
Definitions
The City of Elk River is currently considering amending Section 502 of the
City Ordinance entitled "Dogs, Cats and Other Animals". As part of this
amendment there will be a new definition for commercial kennel and private
kennel.
Commercial kennel is proposed to be defined as follows:
"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 kennel is proposed to be defined as follows:
"any premise where more than 3 dogs or cats over the age of 6 months
are harbored or kept, except for a commercial kennel. A premise of 10
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council Page 2
November 18, 1996
acres or more that is being used as a to harbor 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."
In order to have some continuity between Section 502 "Dogs, Cats and Other
Animals" of the City Code and Section 900.08 "Definitions" of the Zoning
Code, it is proposed that the above definitions for commercial and private
kennels be included in the definition section of the zoning code.
· Zoning and Land Use
Currently the zoning code does not differentiate between commercial kennels
and private kennels. Kennels are allowed as a conditional use in the A1 and
Rla districts and are not allowed in any other district. The proposed
ordinance will not change this; commercial kennels would still be allowed as
a conditional use in the A1 and Rla districts. Private kennels would be
allowed as an accessory use in the A1 district and as a conditional use in the
R la district.
For zoning purposes, a distinction should be made between a commercial
kennel and a private kennel. A private kennel for pets does not have the
impact on the neighborhood that a commercial kennel would have. Issues
that have to be addressed with commercial kennels, that are not issues with
personal kennels, include increase in traffic to the neighborhood, access to
the property and providing on site parking. These issues can be addressed
during the CUP process.
Noise can be an issue that is common to both types of kennels. Because dogs
in private kennels are pets and are in familiar surroundings, noise is less
likely to become a problem with private kennels than with commercial
kennels. Interaction between animals that are in unfamiliar surroundings,
such as those in a commercial kennel, is more likely to become a problem.
But, even with private kennels noise can become a problem especially on the
smaller residential lots. It is for this reason that staff is suggesting that in
the residential zones private kennels be limited to the Rla district as a
conditional use.
Planning Commission Meeting
This item was initially presented to the Planning Commission at their
September 24, 1996 meeting. At that meeting the discussion focused on the
definitions and the fact that commercial kennel definition could be
interpreted to include livestock and the private kennel definition was
confusing regarding the 10 acre lot size clause. The City Attorney revised the
s:XplanningXscottXoa9613cc.doc
Memo to the Mayor and City Council
November 18, 1996
Page 3
proposed definitions and the item was presented at the October 22, 1996
meeting where the Commission recommended approval. There were no
comments at the public hearing.
Recommendation
The Planning Commission and staff recommend that the City Council
approve Ordinance No. 96- creating definitions for commercial and
private kennels and allowing commercial kennels as a conditional use in the
A1 and Rla districts and private kennels as an accessory use in the A1
district and as a conditional use in the Rla district.
s :Xplanning\scott\oa9613cc.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 A1 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 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
hvestock, an animal hospital, veterinary chnic 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
tifled "Permitted, Accessory, and Conditional Uses" is hereby amended to add
the following accessory use:
4. A1 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 rifled "Permitted, Accessory, and Conditional Uses" is hereby
amended to add the following conditional use:
4. A1 Agricultural Conservation District
C. Conditional Uses
vii. Veterinary chnics and commercial kennels
5. R1 Single Family Residential District
C. Conditional Uses
xii. Commercial kennels in Rla
×iii. Private kennels in Rla
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__
the City of Elk River.
day of
· 1996, by the City Council of
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
s:\document\ordinance\oa96-13.doc