3a. City Code Amendment, KennelsAdministration
Phone: 952,227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
PROPOSED MOTION:
"The Chanhassen City Council approves the ordinance amendments to Chapters
1 and 20 of the Chanhassen City Code pertaining to Kennels and Chapter 20 of
the Chanhassen City Code pertaining to Political Campaign Signs."
Council approval requires a majority of City Council present.
Engineering
Phone: 952.227.1160
MEMORANDUM
Fax: 952.227.1170
TO:
Todd Gerhardt, City Manager
CITY OF
FROM:
Bob Generous, Senior Planner
CHMMSSEN
DATE:
November 22, 2010 o l!�
7700 Market Boulevard
SUBJ:
City Code Amendments to Chapters 1 and 20, Zoning, Kennels
PO Box 147
standard from the conditional use permit criteria for commercial kennels, which
Fax: 952.2271110
Chanhassen, MN 55317
Public Works
Administration
Phone: 952,227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
PROPOSED MOTION:
"The Chanhassen City Council approves the ordinance amendments to Chapters
1 and 20 of the Chanhassen City Code pertaining to Kennels and Chapter 20 of
the Chanhassen City Code pertaining to Political Campaign Signs."
Council approval requires a majority of City Council present.
Engineering
Phone: 952.227.1160
EXECUTIVE SUMMARY
Fax: 952.227.1170
Phone: 952.227.1400
On June 26, 2000, the City amended the definition for private kennel (Ordinance
Finance
#304). In 2003, the City amended the definitions section of City Code bringing all
Phone: 952.227.1140
definitions to Chapter 1 (Ordinance #355). At that time, the previous definition for
Fax: 952.2271110
private kennels was used, since the amendment had not been codified. The proposed
Phone: 952.227.1130
ordinance amendment incorporates the 2000 definition and eliminates an unnecessary
Park & Recreation
Phone: 952.227.1120
standard from the conditional use permit criteria for commercial kennels, which
Fax: 952.2271110
references the old definition of private kennel.
Recreation Center
Staff is recommending approval of the proposed amendments.
2310 Coulter Boulevard
Phone: 952.227.1400
PLANNING COMMISSION ACTION
Fax: 952.227.1404
Planning&
The Planning Commission held a public hearing to review the proposed ordinance
Natural Resources
amendments. The Planning Commission voted six for and none against a motion
Phone: 952.227.1130
recommending approval of the amendments. The Planning Commission had no
Fax: 952.2271110
issues or concerns regarding the amendment. The August 17, 2010 Planning
Commission minutes are attached.
Public Works
1591 Park Road
RECOMMENDATION
Phone: 952.227.1300
Fax: 952.227.1310
Staff and the Planning Commission recommend that the Chanhassen City Council
Senior Center
approve the ordinance amendments to Chapters 1 and 20 of the Chanhassen City
Phone: 952.227.1125
Code pertaining to kennels.
Fax: 952.227.1110
ATTACHMENTS
Web Site
wwad.chanhassen.mn.us
1. Staff report dated August 17, 2010 (kennels).
2. Planning Commission minutes dated August 17, 2010.
gAplan \city code\2010 \cc memo kennels 11- 22- 10.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952,227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227,1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
wwadchanhassen.mn.us
MEMORANDUM
TO: Planning Commission
FROM: Bob Generous, Senior Planner
DATE: August 17, 2010 .
SUBJ: City Code Amendments
Chapter 1, General Provisions, Definitions
Chapter 20, Zoning, Kennels
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council
approve the ordinance amendments to Chapters 1 & 20 of the Chanhassen
City Code pertaining to Kennels."
The Planning Commission has review responsibility for Chapter 20. A public
hearing is required to make changes to this chapter.
BACKGROUND
On June 26, 2000, the City amended the definition for private kennel (Ordinance
#304).
Private kennel means any place where either
• More than two (2) dogs; or
• A combination of four (4) dogs or cats
0
Over six (6) months of age are kept or harbored, provided such animals are owned
by the owner or lessee of the premises on which they are kept or harbored.
However, the amendment was not codified. In 2003, the City amended the
definitions section of City Code bringing all definitions to Chapter 1 (Ordinance
#355). At that time, the previous definition for private kennels was used, since
the amendment had not been codified. The proposed amendments will implement
the code amendment and bring the code in conformance with City actions.
In 2004, the City amended the Kennel License standards in Chapter 5 of the City
Code (Ordinance #374) providing additional standards for the issuance of kennel
licenses.
Finally, the conditional use permit criteria for commercial kennels references the
old definition of private kennel and shall be deleted.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
SCANNED
Planning Commission
August 17, 2010
Page 2 of 3
DISCUSSION
Not only will the change implement a code amendment from 2000, but it also brings internal
consistency in the City Code.
Chapter 1. General Provisions
Sec. 1-2. Rules of construction and definitions.
Kennel, commercial means any place where a person accepts dogs and cats or other domesticated
animals, more than one year of age, from the general public and where such animals are kept for
the purpose of selling, boarding, breeding, training, treating or grooming. (5) (20)
Kennel, private means any place where more than two
(2) dogs or a combination of four (4) dogs or cats over six (6) months of age are kept or
harbored, such animals being owned by the owner or lessee of the premises wherein or
whereupon the animals are kept or harbored. (5) (20)
Chapter 20. Zoning
The conditional use standards reference when a kennel license is required. The proposed
amendment would eliminate an inconsistency in the ordinance and unnecessary criteria for
commercial kennels.
Sec. 20 -287. Commercial kennels and stables.
The following applies to commercial kennels and stables:
(1) No more than one principal structure and two accessory structures shall be permitted in the
rear or side yards. The accessory structures may not cover more than 40 percent of the side
or rear yard area. Wetlands shall be excluded from yard calculations.
(2) The structure must be in compliance with chapter 5, articles II and III.
(3) The site must be located on a collector street.
(4) The accessory structure must be a minimum of 200 feet from a wetland area, 50 feet from a
public or private road right -of -way, and 200 feet from an adjacent single- family residence or
a minimum of 50 feet from a side or rear lot line, whichever is greater.
(5) No person shall maintain or operate any commercial kennel or stable without a permit
issued by the city as regulated by the City Code.
(6) A minimum lot size of one acre is required to be licensed for operation of a commercial
kennel or stable.
(7) Every commercial kennel or stable shall be enclosed or fenced in such manner as to prevent
the running at large or escape of animals confined therein.
(8) Both commercial kennels and stables shall be open for inspection by the city authorities at
any time.
Planning Commission
August 17, 2010
Page 3 of 3
ems e o o
(9) it shall be unlawfu f nr any per t own or- keep three o me - e dogs .,, Wor- . e- six
menths of age on his/he . . 1 � r - - - -' _ - r - � the eitywithout obtaining a ke p , m it p nt t o
this seetion and the City Code.
(10) Light sources shall be shielded.
(11) No outside speaker systems shall be allowed without approval from the city council.
(12) Compliance with all state and county regulations shall be required.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Chanhassen City Council
approve the ordinance amendments to Chapters 1 & 20 of the Chanhassen City Code pertaining
to kennels.
ATTACHMENTS
1. Ordinance amendment to Chapter 1, General Provisions and Chapter 20, Zoning.
2. Ordinance No. 304.
3. Ordinance No. 374.
gAplan \city code\2010 \pc memo kennels.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 1 AND 20
GENERAL PROVISIONS AND ZONING
CHANHASSEN CITY CODE,
CONCERNING PRIVATE KENNELS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1 -2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by
amending the definition of private kennel to read as follows:
Kennel, private means any place where more than two
(2) dogs or a combination of four (4) dogs or cats over six (6) months of age are kept or
harbored, such animals being owned by the owner or lessee of the premises wherein or
whereupon the animals are kept or harbored. (5) (20)
Section 2. Section 20 -287 (9) of the City Code, City of Chanhassen, Minnesota, shall be
repealed.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this day of , 2010, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
g: \plan \city code\2010 \amendment ordinance private kennel.doc
•
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 304
AN ORDINANCE AMENDING CHAPTER 5
OF THE CHANHASSEN CITY CODE
CONCERNING PRIVATE KENNELS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1 _ Section 5 -16 of the Chanhassen City Code is amended by amending the
definition of "private kennel" to read:
Private kennel means any place where either
• More than two (2) dogs; or
• A combination of four (4) dogs or cats
over six (6) months of age are kept or harbored, provided such animals are owned by the
owner or lessee of the premises on which they are kept or harbored.
S ECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 26 day of June, 2000, by the City Council of the City
Chanhassen.
ATTEST:
- j
Scott A. Botcher, City Manager
' MA., �- W444-
Nancy K. hqancino, Mayor
(Published in the Chanhassen Villager on July 13, 2000)
0
CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MQNNESOTA
ORDINANCE NO. 374
AN ORDINANCE AMENDING CHAPTER 5
OF THE CHANHASSEN CITY CODE
REGULATING KENNELS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1 . Chapter 5, Article U, Sections 5 -18 and 5 -18.1 of the Chanhassen City Code
are amended as follows:
Section 5 -18. Kennel License.
(a) License required. No person shall maintain a private or commercial kennel in the city without a
license. No license shall be required for a private kennel consisting of cats, if the kennel is
located on a tract or parcel of land being used for agriculture as that term is defined in the
zoning ordinance, and if the cats are kept for rodent control purposes incident to the agricultural
use of the tract or parcel of land.
• (b) License; Application. Application for a Kennel License shall be made on forms provided by the
City Manager. The application shall contain:
(1) A description of the property to be used;
(2) The names and addresses of the owner, lessee, if any, and the operator or manager;
(3) The names, residences and addresses of two persons, residents of Carver or Hennepin
Counties, who are familiar with the applicant's, the manager's or operator's character;
(4) Whether the applicant, manager or operator has ever been convicted of a crime or offense
other than a traffic offense and, if so, information as to the time, place, and nature of such
crime or offense; and
(5) The names, phone numbers and addresses of those persons who will be from time to time
designated as a contact person as required by Section 5- 18.2(b).
(6) Such other information as may be required by the City Manager.
If the application is made on behalf of a corporation or a partnership, it shall be accompanied by
appropriate business records showing the names and addresses of all individuals having an
interest in the business and, in the case of a corporation, the names and addresses of the officers
• and shareholders. Applicants shall furnish to the City with their application, documents
establishing the applicant's interest in the premises on which the business will be located.
Documentation shall be in the form of a lease, a deed, a contract for deed or any other document
which establishes the applicant's interest. Applications shall be signed and sworn to. If the
application is by a natural person, it shall be signed and sworn to by such person; if by a
partnership, by one of the partners; and if by an unincorporated association, by the manager or
managing officer thereof.
(c) License Fees and License Year. The application and license fee shall be as established in
Chapter 4 of the Chanhassen City Code. The application, investigation, and license fees shall be
paid when the application is filed. A separate license shall be obtained for each place of
business. The licensee shall display the license in a prominent place in the licensed business at
all times. Licenses shall expire on the December 31 following the issuance of the license.
Applications to renew an existing license must be submitted by December 1.
(d) Granting or Denial of Licenses. License applications shall be reviewed by such departments as
the City Manager shall direct. The review shall include an inspection of the premises covered
by the application to determine whether the premises conform to all requirements of this Code.
Licenses shall be granted or denied by the City Manager subject to the provisions of this
Chapter. The City Manager shall approve the license if the provisions of the Code are met or
deny the license if they are not met.
(e) Revocation, Suspension and Renewal of License. The license may be revoked, suspended or
not renewed by the City Manager upon a showing that the licensee, its owner, manager,
• employee or agent has engaged in:
(1) Fraud, deception or misrepresentation in connection with the securing or retaining the
license.
(2) Any conduct which would constitute grounds for refusal to issue a license under this
Chapter.
(3) Any conduct constituting a violation of any of the rules and regulations provided for under
this Chapter.
(4) Any conduct constituting a violation of any provision of a Conditional Use Permit or other
zoning restriction.
(5) Any conduct constituting a nuisance.
(f) Appeal. The licensee may appeal a denial, suspension, revocation or non - renewal to the City
Council. The licensee must file with the City Clerk a notice of appeal within 10 days of a
revocation, suspension or non - renewal. The Council shall consider the appeal at a regularly or
specially scheduled Council meeting on or after 15 days from service of the notice of appeal
upon the City Clerk by the licensee. Hearing on the appeal shall be open to the public and the
licensee shall have the right to appear and be represented by legal counsel and to offer evidence
is in behalf of licensure. At the conclusion of the hearing, or as soon thereafter as practicable, the
2
Council may order:
(1) The revocation, suspension or non - renewal of the license.
(2) The revocation, suspension or non - renewal by the City Manager be lifted and the license be
returned to the licensee.
(3) Additional terms, conditions and stipulations to be imposed on the licensee to mitigate
problems.
5 -18.1. Conditions of License.
(a) No license shall be issued if the applicants have been convicted of any offense involving cruelty
to animals, the operation of kennels, or animal related nuisances.
(b) No licenses shall be issued to applicants who have, within one year prior to the date of
application, been denied licensure or who have, within such period, had a same or similar
license revoked.
(c) No licenses shall be issued to applicants who have failed to provide all of the information
requested in the application, to pay the full license fee, or to cooperate with the City in review of
the application.
• (d) Licenses shall not be issued if the facilities or property fails to meet any provision in a
Conditional Use Permit or other zoning restriction.
SECTION 2 . Chapter 5, Article II, of the Chanhassen City Code is amended to add the
following section:
5 -18.2. Rules and Regulations.
(a) All licensed kennels must operate according to the following rules and regulations.
(1) The licensee shall permit and allow the inspection of the premises during business hours by
all appropriate City employees.
(2) Land upon which dogs are to be sheltered must be surrounded by a sturdy fence which will
keep dogs confined.
(3) Housing and shelter must be provided which will keep animals comfortable and protected
from the elements, and housing or shelter shall be so located as not to create a nuisance.
(4) Accumulations of feces shall be located at least two hundred (200) feet from any well.
(5) All accumulations of feces shall be removed at such periods as will ensure that no leaching
• or objectionable odors exist, and the premises shall not be allowed to become unsightly.
3
JP (6) All dogs and cats shall be housed indoors overnight (from 10 p.m. to 6 a.m.).
(7) The following regulations apply to the site's animal quarters:
a. Indoor housing facilities must be structurally sound with ample heat, light, and
ventilation.
b. Animals kept outside must have continual access so animals can get in and out to shelter
and protect them from sun, rain, and snow.
c. If animals are confined by chains, such chains must be attached so as not to become
entangled with chains of other dogs.
d. Individual animal enclosures must be of a size to allow each dog to turn around fully,
stand, sit and lie in a comfortable condition.
e. The temperature of indoor housing facilities shall not be less than fifty (50) degrees
Fahrenheit for dogs not accustomed to lower temperatures.
(8) Disposal facilities are provided to minimize virus infestation, odors and disease hazards.
(9) Adequate storage and refrigeration is provided to protect food supplies against
contamination and deterioration.
(b) In addition to the requirements of section 5 -18.2 (a), commercial kennels shall also operate
according to the following rules and regulations.
(1) The licensed facility must at all times have a designated contact person available. The
designated contact person must be available to correct and mitigate violations of this
Chapter and the Code whenever they occur. The licensee shall notify the sheriff's office in
writing of the designated contact person along with contact information. The licensee shall
notify the sheriff's office in writing of any change in the contact person.
(2) Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any
neighboring residential structure used for human habitation.
(3) No commercial kennel permit shall be issued for a lot of less than one (1) acre.
(4) All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not
present at the subject property.
(5) Facility employees shall ensure that dogs are not allowed to create noise in violation of the
City Code. When a citizen complaint is received, facility employees must make affirmative
steps to reduce animal noise including but not limited to bringing dogs to indoor areas.
19
11
(6) Outdoor exercise (dog runs) confinement areas shall be screened and buffered. Such
. screening and buffering may be accomplished by using berms, fencing, a green belt planting
strip (evergreens), or natural topography.
SECTION 3 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 26th day of April, 2004, by the City Council of the City of
Chanhassen, Minnesota.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on May 6, 2004).
0
•
5
Chanhassen Planning Commission - August 17, 2010
Larson: Okay, open the public hearing. Nobody objecting close public hearing. Alright,
motion?
Thomas: Madam Chairman, the Chanhassen Planning Commission recommends that City
Council adopt the attached ordinance amendment to Chapter 20 of the Chanhassen City Code.
Ellsworth: I'll second it.
Thomas moved, Ellsworth seconded that the Chanhassen Planning Commission
recommends the City Council adopt the attached Ordinance Amendment to Chapter 20 of
the Chanhassen City Code concerning Political Signs. All voted in favor and the motion
carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
ORDINANCE AMENDMENT TO CHAPTER 1, DEFINITIONS AND CHAPTER 20,
ZONING CONCERNING KENNELS.
Bob Generous presented the staff report on this item.
Larson: Questions?
Ellsworth: No.
Thomas: No.
Doll: No.
Larson: Okay. Alright. I will open the public hearing. Nobody stepping up. Close public
hearing. Did you guys do this to me on purpose? ...Okay, who would like to do this motion?
Undestad: I'll make a motion the Chanhassen Planning Commission recommends that City
Council approve the ordinance amendments to Chapters 1 and 20 of the Chanhassen City Code
pertaining to kennels.
Thomas: I second that.
Undestad moved, Thomas seconded that the Chanhassen Planning Commission
recommends that City Council approve the ordinance amendments to Chapters 1 and 20 of
the Chanhassen City Code pertaining to kennels. All voted in favor and the motion carried
unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Thomas noted the verbatim and summary
minutes of the Planning Commission meeting dated July 6, 2010 as presented.
20