4.3 PCSR 10-25-2016 - Laserfiche WebLink

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hi ......„ Request for Action River _ , To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings October 25,2016 BrieAnna Simon,Planner Item Description Reviewed by City of Elk River—Ordinance Amendment Zack Carlton,Planning Manager • Ordinance Amendment to allow commercial Reviewed by kennels in Central Commercial (C-1) district, Case No. OA 16-17 Action Requested Recommend,by motion,approval of the Ordinance Amendment as proposed. Background/Discussion On August 22,2016,the city received a Conditional Use Permit and Land Use Application for a dog daycare and overnight boarding facility to be located in the Central Commercial (C-1) zoning district at 503 Jackson Avenue. The application was first reviewed as a daycare per the zoning examples provided by the applicant.There appeared to be a precedent that other cities had set in calling the operation a daycare,which is listed as a conditional use in the C-1 zoning district. On September 27,2016,the Planning Commission showed support for this facility at the proposed location and unanimously recommended approval. Following the meeting,additional concerns were raised with classifying a dog daycare the same as a "licensed daycare facility"as described in the city code. Staff reviewed the examples provided by the applicant,and contacted a number of cities throughout the area to determine how similar businesses were approved under their city code.Staff found that many cities classified similar businesses as a commercial kennel,which was already permitted under their city code,and other cities amended the ordinance after receiving a request for these facilities. One city approved this type of facility as a"daycare"via the conditional use permit(CUP) process. With this information,staff spoke with the applicant and noted that the best avenue for approval would be to amend the ordinance and clearly identify dog daycare facilities as a permitted use in the C-1 zoning district. The City Council reviewed the dog daycare and overnight boarding facility on October 17,2016.After showing support for this facility at the proposed location in the C-1 zoning district,the application was tabled until an ordinance amendment permitting the use has been approved. Similar to other cities,staff is classifying this business as a commercial kennel.A commercial kennel is defined as any premises where more than three animals over six 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,a veterinary clinic or a pet shop. rrniiii � r I�JA�'URE