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1d Paws Claws Hooves Final Plat CITY OF CHANHASSEN 7700 Markel Beulevarrl PO Box 147 Channasser. W~ 55317 Administration PhDne 952.2271100 Fax 9522271110 Building Inspections Phe'le 952227 1180 Fax 952.2271190 Engineering PliDllW 95222711 GO Fa.x 9522271170 Finance Pnolle 952.227.1140 Fa.x 952.2271110 Park & Recreation Ph:we 952.227.1120 fax 952227.1110 RecreallDil Cellter 2310 Coullr)r Boulevard PhO!le 952 2271400 Fax 952.227.1404 Planning & Natural Resources Pllol'e 952 227.1130 9522211110 Public Works 1591 Park Rearl 9522271300 Fax 9522271310 Senior Center Phone 9522271125 Fax 952227 1110 Web Site www CI challl1asSellrnl!IJS , I MEMORANDUM TO: Todd Gerhardt, City Manager Bob Generous, Senior Planner úbr d ' October 25, 2004 ~~ FROM: DATE: SUBJ: Paws, Claws & Hooves, Inc. Final Plat Approval File 2003-04 Subdivision EXECUTIVE SUMMARY The applicant is requesting subdivision approval to create two lots. Each lot will contain one of the buildings currently located on the property. The site is bordered by Highway 212 to the south and Highway 101 to the west. Access to the site will be from Highway 10 1 via a pri vate street. ACTION REQUIRED City Council approval of the final Plat requires a majority of City Council present. BACKGROUND On July 14, 2003, the Chanhassen City Council approved the Preliminary Plat for a two lot subdivision (#2003-4 SUB) for Paws, Claws and Hooves, Inc.; and Chanhassen City Council denied the variance for the private street pavement width to permit the use of the existing 24-foot driveway, rather than the required 26-foot pavement width. On September 23, 1996, the City Council approved 1) Site Plan Review for the construction of a 8,152 square-foot commercial stable and 12,936 square-foot commercial kennel; 2) Conditional use permit to allow a commercial kennel and commercial stable in a Fringe Business District, and a conditional use permit to allow more than one principal building on a single lot; and 3) the City Council also approved the variance for the stable building being of metal construction, and denied the variance for the kennel building being of metal construction and approved a pylon sign in a BF, Fringe Business District. On September 12, 1994, the City Council approved Interim Use Permit (94-1 IUP) to provide outdoor storage for commercial dumpsters. Since then, the applicant sold their solid waste business and the site remains vacant. They stated at the time that they intend to start a new business; boarding animals, and therefore, they are proposing to build a commercial kennel and stable. On February 27, 1989, the same application appeared before the City Council for an extension. The City Council moved to deny the extension. The City of Chanhassen · A groWI!lg commulllly W¡tr, Olr)all lakes guaUy sc11001s. Olurrnl!lg great place Ie wOlk. alill play Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 2 On February 8, 1988, the City Council approved a Conditional Use Permit for a Contractor's Yard on this site. Conditional Use Permits expire within one year unless substantial work/construction has taken place on the site. The applicants had delayed their construction of the improvements due to anticipated changes in their operation specifically for recycling. FINAL PLAT REVIEW GRADING. DRAINAGE & EROSION CONTROL There are two existing buildings on the lot that are to be separated into two proposed lots. No grading and erosion control is proposed. The site sheet drains to the south toward the existing storm pond for treatment before discharging to a wetland along the south side of the property. Existing stormwater runoff rates from the site must be maintained. UTILITIES There is no municipal water and sanitary sewer available to the site. As such, no utility improvements are proposed. The existing site is served by a well and septic system. STREETS The site is accessible from State Highway 101 through an existing private 24-foot wide paved driveway. Since the driveway will now serve two lots it is considered a private street. As such, the applicant is proposing to upgrade the common portion of the driveway to comply with the private street standards within the City Code. This includes a 26-foot pavement width, built to a 9-ton design, and enclosed within a 40-foot easement. Also, the applicant will be extending the common portion of the driveway pavement to the east property line of Lot 1, as is required by City Code. A cross-access easement and maintenance agreement for both lots will need to be prepared and recorded for the common portion of the pri vate street through Lot 1. The applicant will also be required to supply a financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. PARKS AND RECREATION The subdivision proposal to divide one 13. 16-acre lot into two lots at Paws, Claws, and Hooves results in the creation of one "new" lot. This new lot is subject to park fee collection. In consultation with the City Attorney's office, it was determined that the smaller of the two lots will be assessed the charge. This method of calculation results in a significant savings for the applicant. The current 2004 park dedication charge is $7,000 per acre. Lot 1, Block 1 is 125,521 square feet or 2.88 acres. As a condition of approval for this application payment of a $20,160 park dedication fee charged against Lot 1, Block 1 is required. REVIEW CONDITIONS OF APPROVAL 1. The appropriate conditions for the kennel shall apply to Lot 1. The appropriate conditions based on acreage for the horse stable will be applied to Lot 2. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 3 Lot 1, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a commercial kennel shall comply with the following conditions: a. All structures on the site must be in compliance with Chapter 5, Articles II. b. Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any neighboring residential structure used for human habitation. c. The proposed chain link fence which will surround each dog compartment shall be sturdy to keep dogs confined. d. Accumulation of feces shall be located at least two hundred (200) feet from any well. The applicant is showing a waste water holding tank located 180 feet from a well location; however, they have not shown the location of feces accumulation. Such information must be provided. e. 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. f. All dogs and cats shall be housed indoors overnight (8:00 p.m. to 7:00 a.m.). g. All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property. h. Dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City Code or Nuisance Ordinance. 1. 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. J. The following conditions must be upheld in regard to the site's animal quarters: · Indoor housing facilities must be structurally sound with ample heat, light, and ventilation. · Animals kept outside must have continual access so animals can get in and out to shelter and protect them from sun, rain and snow. · If animals are confined by chains, such chains must be attached so not to become entangled with chains of other dogs. · Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a comfortable condition. · The temperature of indoor housing facilities shall not be less than 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 4 . Disposal facilities are provided to minimize virus infestation, odors and disease hazards. . Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration. k. All dog runs must maintain a minimum of two hundred (200) feet from wetland area, 50 feet from public or private road right-of-way, and 200 feet from an adjacent single family residence or a minimum of fifty feet from a side or rear lot line, whichever is greater. I. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel. m. The commercial kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. n. The commercial kennels shall be open for inspection by the City authorities at any time. o. No outdoor speakers are allowed. p. Only animal carcasses are permitted to be cremated. A temperature monitor must be attached to the crematory. The City may require testing of the ashes. q. The applicant must supply the City with a waste tracking log submitted on a monthly basis. Such log should be signed by the landfill operator where the feces are being disposed of. r. The applicant shall comply with the conditions of the Site Plan Review #96-8 and Variance #96-8. Lot 2, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a commercial stable, shall comply with the following conditions: a. All structures on the site must be in compliance with Chapter 5, Articles III. b. Minimum acreage for two horses shall be one and one-half acres and for three horses shall be two acres, and an additional one-third acre shall be required for each additional horse. The site has an area of 10 acres allowing a maximum number of 27 horses. c. The area where horses are kept shall be enclosed by a sturdy wood, metal, or electric fence which will keep the animal or animals confined within. d. The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 5 e. Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. Covered, containerized solid waste storage is required. The operation will be generating large amounts of solid waste. To prevent runoff from the site, waste awaiting disposal should be covered to protect it from rain and snow, and contained within barriers to keep it consolidated in a designated area. f. Accumulations of manure shall be located at least one hundred (100) feet from any well. g. All accumulations of manure 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. h. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel and stable as regulated by the City Code. J. The commercial stable shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. J. The commercial stables shall be open for inspection by the City authorities at any time. k. No outdoor speakers are allowed. 1. Five trailer parking spaces shall be provided. The applicant shall show proof of parking for the remaining seven spaces. Should the need arise for additional spaces, the applicant will be required to provide them. Adequate turnaround for vehicles with trailers attached to them shall be provided. The turnaround shall be approved by the Stable Inspector. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. m. The applicant shall show the location of hay storage. n. The applicant shall show the area where horses will be allowed to graze and exercise outdoors. The current trail located north of the site does not allow any horses. The applicant shall meet with the City's Stable Inspector prior to issuance of a building permit. o. Spreading of manure on site shall be in conformance with the recommended methods of on-site disposal subject to staff approval. p. The applicant shall comply with the conditions of the Site Plan Review #96-8 and Variance #96-8. *This condition still applies. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 6 2. Extend the common portion of the private street pavement to the east property line of Lot 1. *This condition still applies 3. Cross access easements and maintenance agreements shall be prepared by the applicant and recorded against Lot 1. *This condition still applies. 4. The applicant must revise the private street width to bring it into compliance with City Code. Pavement design will be redesigned to a 9 ton design and 26 foot wide street. *This condition has been met. 5. All plans must be signed by a registered engineer. *This condition has been met. 6. Add silt fence along the south side of the widened driveway. *This condition still applies. 7. Any additional impervious surface will require storm water management improvements and storm pond sizing calculations be reviewed before final plat approval. Existing storm water runoff rates from the site must be maintained. *This condition has been met. 8. If any additional impervious surface is added, the developer shall submit before and after hydraulic computations for both the 10 and 100 year rainfall events, existing and proposed drainage area maps, and storm drainage plans verifying that all existing drainage patterns and systems affecting MnDot right-of-way will be perpetuated. *This condition has been met. 9. Submit the results of the annual on-site sewage treatment system monitoring plan as required by the conditions of the on-site plan approved in 1998 for the existing septic system. The monthly reports shall be submitted to city staff prior to City Council consideration. *This condition shall be modified as follows: Prior to recording the final plat, submit the results of the annual on-site sewage treatment system monitoring plan as required by the conditions of the on-site plan approved in 1998 for the existing septic system. The monthly reports shall be submitted to city staff prior to recording the final plat and then monthly thereafter. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 7 10. Submit the results of the soil borings and percolation tests for the two ISTS sites on the easterly lot. *This condition shall be modified as follows: Prior to recording the final plat, submit the results of the soil borings and percolation tests for the two ISTS sites on the easterly lot. 11. Pursuant to city ordinance, the applicant shall pay a $20,160 park dedication fee charged against Lot 1, Block 1 as part of the recording of the final plat. *This conditions still applies. 12. If additional grading in excess of 50 cubic yards is proposed or occurs, all areas meeting the City's definition of a bluff should be shown on the grading plan. In addition, the bluff impact zone should be shown on the grading plan. *This condition still applies. 13. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs under the direction of city staff and pay the city $20 per sign. *This condition still applies. 14. Drainage and utility easements shall be dedicated over all existing wetlands, buffer areas and storm water ponds. *This condition has been met. 15. If construction occurs, Type III silt fence should be provided adjacent to all areas to be preserved as buffer. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. *This condition still applies. 16. Because the lots are oversized to accommodate individual on-site sewage disposal and water systems, the charge for each lot has been reduced to the charge that would be imposed on a one-half acre lot. The total Surface Water Management fees due at the time of final plat recording are $12,179.00. If further subdivision of the property occurs, an additional charge will then be imposed less a credit for the charge previously paid. *This condition shall be modified as follows: Because the lots are oversized to accommodate individual on-site sewage disposal and water systems, the charge for each lot has been reduced to the charge that would be imposed on a one-half acre lot. The total Surface Water Management fees due at the time of final plat recording are $13,200.00. If Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 8 further subdivision of the property occurs, an additional charge will then be imposed less a credit for the charge previously paid. 17. The applicant shall insure that a registered survey is done on the driveway to insure that the driveway is centered in the 40 foot easement to Lot 2. *This condition still applies. Upon review of the plans prepared by James R. Hill, Inc. dated August 19,2004, staff recommends that the following condition be added: 1. The applicant is required to supply a financial security in the amount of $113,118.00 in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the BF, Business Fringe District. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by individual wells and septic systems. The storm water ponding and private street are required to be upgraded to city standards. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage. 6. The proposed subdivision will not conflict with easements of record. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 9 Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all required easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with a private street, individual sanitary treatment systems, and wells. Public roads abut the subdivision and provide access to the site. The storm water system and private street will be improved to city standards. RECOMMENDA TION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council approves the resolution granting final plat approval creating two lots for Paws, Claws and Hooves, Inc. subject to the following conditions: 1. The appropriate conditions for the kennel shall apply to Lot 1. The appropriate conditions based on acreage for the horse stable will be applied to Lot 2. Lot 1, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a commercial kennel shall comply with the following conditions: a. All structures on the site must be in compliance with Chapter 5, Articles II. b. Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any neighboring residential structure used for human habitation. c. The proposed chain link fence which will surround each dog compartment shall be sturdy to keep dogs confined. d. Accumulation of feces shall be located at least two hundred (200) feet from any well. The applicant is showing a waste water holding tank located 180 feet from a well location; however, they have not shown the location of feces accumulation. Such information must be provided. e. 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. f. All dogs and cats shall be housed indoors overnight (8:00 p.m. to 7:00 a.m.). Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 10 g. All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property. h. Dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City Code or Nuisance Ordinance. J. 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. J. The following conditions must be upheld in regard to the site's animal quarters: · Indoor housing facilities must be structurally sound with ample heat, light, and ventilation. · Animals kept outside must have continual access so animals can get in and out to shelter and protect them from sun, rain and snow. · If animals are confined by chains, such chains must be attached so not to become entangled with chains of other dogs. · Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a comfortable condition. · The temperature of indoor housing facilities shall not be less than 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. · Disposal facilities are provided to minimize virus infestation, odors and disease hazards. · Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration. k. All dog runs must maintain a minimum of two hundred (200) feet from wetland area, 50 feet from public or private road right-of-way, and 200 feet from an adjacent single family residence or a minimum of fifty feet from a side or rear lot line, whichever is greater. 1. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel. m. The commercial kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. n. The commercial kennels shall be open for inspection by the City authorities at any time. o. No outdoor speakers are allowed. p. Only animal carcasses are permitted to be cremated. A temperature monitor must be attached to the crematory. The City may require testing of the ashes. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 11 q. The applicant must supply the City with a waste tracking log submitted on a monthly basis. Such log should be signed by the landfill operator where the feces are being disposed of. r. The applicant shall comply with the conditions of the Site Plan Review #96-8 and Variance #96-8. Lot 2, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a commercial stable, shall comply with the following conditions: a. All structures on the site must be in compliance with Chapter 5, Articles III. b. Minimum acreage for two horses shall be one and one-half acres and for three horses shall be two acres, and an additional one-third acre shall be required for each additional horse. The site has an area of 10 acres allowing a maximum number of 27 horses. c. The area where horses are kept shall be enclosed by a sturdy wood, metal, or electric fence which will keep the animal or animals confined within. d. The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. e. Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. Covered, containerized solid waste storage is required. The operation will be generating large amounts of solid waste. To prevent runoff from the site, waste awaiting disposal should be covered to protect it from rain and snow, and contained within barriers to keep it consolidated in a designated area. f. Accumulations of manure shall be located at least one hundred (100) feet from any well. g. All accumulations of manure 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. h. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel and stable as regulated by the City Code. 1. The commercial stable shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. J. The commercial stables shall be open for inspection by the City authorities at any time. k. No outdoor speakers are allowed. Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 12 1. Five trailer parking spaces shall be provided. The applicant shall show proof of parking for the remaining seven spaces. Should the need arise for additional spaces, the applicant will be required to provide them. Adequate turnaround for vehicles with trailers attached to them shall be provided. The turnaround shall be approved by the Stable Inspector. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. m. The applicant shall show the location of hay storage. n. The applicant shall show the area where horses will be allowed to graze and exercise outdoors. The current trail located north of the site does not allow any horses. The applicant shall meet with the City's Stable Inspector prior to issuance of a building permit. o. Spreading of manure on site shall be in conformance with the recommended methods of on-site disposal subject to staff approval. p. The applicant shall comply with the conditions of the Site Plan Review #96-8 and Variance #96-8. 2. Extend the common portion of the private street pavement to the east property line of Lot 1. 3. Cross access easements and maintenance agreements shall be prepared by the applicant and recorded against Lot 1. 4. Add silt fence along the south side of the widened driveway. 5. Prior to recording the final plat, submit the results of the annual on-site sewage treatment system monitoring plan as required by the conditions of the on-site plan approved in 1998 for the existing septic system. The monthly reports shall be submitted to city staff prior to recording the final plat and then monthly thereafter. 6. Prior to recording the final plat, submit the results of the soil borings and percolation tests for the two ISTS sites on the easterly lot. 7. Pursuant to city ordinance, the applicant shall pay a $20,160 park dedication fee charged against Lot 1, Block 1 as part of the recording of the final plat. 8. If additional grading in excess of 50 cubic yards is proposed or occurs, all areas meeting the City's definition of a bluff should be shown on the grading plan. In addition, the bluff impact zone should be shown on the grading plan. 9. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs under the Mr. Todd Gerhardt Paws, Claws & Hooves Final Plat Approval October 25, 2004 Page 13 direction of city staff and pay the city $20 per sign. 10. If construction occurs, Type III silt fence should be provided adjacent to all areas to be preserved as buffer. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 11. Because the lots are oversized to accommodate individual on-site sewage disposal and water systems, the charge for each lot has been reduced to the charge that would be imposed on a one-half acre lot. The total Surface Water Management fees due at the time of final plat recording are $13,200.00. If further subdivision of the property occurs, an additional charge will then be imposed less a credit for the charge previously paid. 12. The applicant shall insure that a registered survey is done on the driveway to insure that the driveway is centered in the 40 foot easement to Lot 2. 13. The applicant is required to supply a financial security in the amount of $113,118.00 in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval." A TT ACHMENTS 1. Resolution. 2. Plat. g:\plan\bg\dcvelopmcnt revicw\paws claws & hooves tinal platdoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: RESOLUTION NO: MOTION BY: SECONDED BY: A RESOLUTION APPROVING A FINAL PLAT CREA TING PAWS, CLAWS AND HOOVES ADDITION, NANCY AND PATRICK BLOOD WHEREAS, Nancy and Patrick Blood have requested a subdivision of their property into two lots of 125,521 square feet and 435,601 square feet, a 3,097 square feet outlot and Right-of- Way for State Highway No. 101 (Great Plains Boulevard); and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the Chanhassen Planning Commission held a public hearing on June 17, 2003, and found the plan consistent with the Chanhassen Comprehensive Plan and Zoning ordinance and recommended approval of the subdivision. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves the final plat for Paws, Claws and Hooves (Subdivision #2003-4) for the property legally described in the attached exhibit A, creating Lots 1 and 2, Block 1, Outlot A and Right- of-Way for State Highway No. 101, Paws, Claws and Hooves Addition as shown on the plans prepared James R. Hill, Inc., subject to the following conditions: 1. The appropriate conditions for the kennel shall apply to Lot 1. The appropriate conditions based on acreage for the horse stable will be applied to Lot 2. Lot 1, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a commercial kennel shall comply with the following conditions: a. All structures on the site must be in compliance with Chapter 5, Articles II. b. Housing enclosures for dogs and cats shall be at least two hundred (200) feet from any neighboring residential structure used for human habitation. c. The proposed chain link fence which will surround each dog compartment shall be sturdy to keep dogs confined. d. Accumulation of feces shall be located at least two hundred (200) feet from any well. The applicant is showing a waste water holding tank located 180 feet from a well location; however, they have not shown the location of feces accumulation. Such information must be provided. 1 e. 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. f. All dogs and cats shall be housed indoors overnight (8:00 p.m. to 7:00 a.m.). g. All dogs and cats shall be housed indoors when the commercial kennel employee(s) is not present at the subject property. h. Dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City Code or Nuisance Ordinance. 1. 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. J. The following conditions must be upheld in regard to the site's animal quarters: · Indoor housing facilities must be structurally sound with ample heat, light, and ventilation. · Animals kept outside must have continual access so animals can get in and out to shelter and protect them from sun, rain and snow. · If animals are confined by chains, such chains must be attached so not to become entangled with chains of other dogs. · Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a comfortable condition. · The temperature of indoor housing facilities shall not be less than 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. · Disposal facilities are provided to minimize virus infestation, odors and disease hazards. · Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration. k. All dog runs must maintain a minimum of two hundred (200) feet from wetland area, 50 feet from public or private road right-of-way, and 200 feet from an adjacent single family residence or a minimum of fifty feet from a side or rear lot line, whichever is greater. 1. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel. m. The commercial kennel shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. n. The commercial kennels shall be open for inspection by the City authorities at any time. 2 o. No outdoor speakers are allowed. p. Only animal carcasses are permitted to be cremated. A temperature monitor must be attached to the crematory. The City may require testing of the ashes. q. The applicant must supply the City with a waste tracking log submitted on a monthly basis. Such log should be signed by the landfill operator where the feces are being disposed of. r. The applicant shall comply with the conditions of the Site Plan Review #96-8 and Variance #96-8. Lot 2, Block 1, Paws, Claws and Hooves Addition, if continued to be used for a commercial stable, shall comply with the following conditions: a. All structures on the site must be in compliance with Chapter 5, Articles III. b. Minimum acreage for two horses shall be one and one-half acres and for three horses shall be two acres, and an additional one-third acre shall be required for each additional horse. The site has an area of 10 acres allowing a maximum number of 27 horses. c. The area where horses are kept shall be enclosed by a sturdy wood, metal, or electric fence which will keep the animal or animals confined within. d. The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage for rodents, flies and insects. e. Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the pollution of any public body of water. Covered, containerized solid waste storage is required. The operation will be generating large amounts of solid waste. To prevent runoff from the site, waste awaiting disposal should be covered to protect it from rain and snow, and contained within baniers to keep it consolidated in a designated area. f. Accumulations of manure shall be located at least one hundred (100) feet from any well. g. All accumulations of manure 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. h. The applicant shall obtain a permit from the City to maintain and operate the commercial kennel and stable as regulated by the City Code. 3 J. The commercial stable shall be enclosed or fenced in such a manner as to prevent the running at large or escape of animals confined therein. J. The commercial stables shall be open for inspection by the City authorities at any time. k. No outdoor speakers are allowed. 1. Five trailer parking spaces shall be provided. The applicant shall show proof of parking for the remaining seven spaces. Should the need arise for additional spaces, the applicant will be required to provide them. Adequate turnaround for vehicles with trailers attached to them shall be provided. The turnaround shall be approved by the Stable Inspector. All parking spaces shall be screened from views from Highway 212, as required in the site plan ordinance. m. The applicant shall show the location of hay storage. n. The applicant shall show the area where horses will be allowed to graze and exercise outdoors. The current trail located north of the site does not allow any horses. The applicant shall meet with the City's Stable Inspector prior to issuance of a building permit. o. Spreading of manure on site shall be in conformance with the recommended methods of on-site disposal subject to staff approval. p. The applicant shall comply with the conditions of the Site Plan Review #96-8 and Variance #96-8. 2. Extend the common portion of the private street pavement to the east property line of Lot 1. 3. Cross access easements and maintenance agreements shall be prepared by the applicant and recorded against Lot 1. 4. Add silt fence along the south side of the widened driveway. 5. Prior to recording the final plat, submit the results of the annual on-site sewage treatment system monitoring plan as required by the conditions of the on-site plan approved in 1998 for the existing septic system. The monthly reports shall be submitted to city staff prior to recording the final plat and then monthly thereafter. 6. Prior to recording the final plat, submit the results of the soil borings and percolation tests for the two ISTS sites on the easterly lot. 7. Pursuant to city ordinance, the applicant shall pay a $20,160 park dedication fee charged against Lot 1, Block 1 as part of the recording of the final plat. 4 8. If additional grading in excess of 50 cubic yards is proposed or occurs, all areas meeting the City's definition of a bluff should be shown on the grading plan. In addition, the bluff impact zone should be shown on the grading plan. 9. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs under the direction of city staff and pay the city $20 per sign. 10. If construction occurs, Type III silt fence should be provided adjacent to all areas to be preserved as buffer. All upland areas disturbed as a result of construction acti vi ties shall be immediately restored with seed and disc-mulched, covered with a wood fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 11. Because the lots are oversized to accommodate individual on-site sewage disposal and water systems, the charge for each lot has been reduced to the charge that would be imposed on a one-half acre lot. The total Surface Water Management fees due at the time of final plat recording are $13,200.00. If further subdivision of the property occurs, an additional charge will then be imposed less a credit for the charge previously paid. 12. The applicant shall insure that a registered survey is done on the driveway to insure that the driveway is centered in the 40 foot easement to Lot 2. 13. The applicant is required to supply a financial secUIity in the amount of $113,118.00 in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval." Passed and adopted by the Chanhassen City Council this 25th day October of 2004. ATTEST: Todd Gerhardt, City Clerk/Manager Thomas A. Furlong, Mayor YES NO ABSENT g:\plan\bg\development review\resolution paws claws & hooves add.doc 5 PAWS, CLAWS AND HOOVES ADDITION CITY COUNCIL OF' TIlE CITY OF CIIA!'fflASSt:N, MINNt:SOTA. This plat of PAWS, CLAWS AND HOOVES ADDITION was approved and accepted by [hI; City Council of the City of Chll.uhassen, Minnesota, at a regular meeliug thelooflJeJd tJ-¡is ______ day of.___ ____ 2004, IIIId is in cOlUplian(-e with the provisions of Minnesota Statutes, Sediar¡ .'505.03, Subdivision 2. A!! IIJOJHUJJeuh will ÌJe sri as specified by the City Cuur¡çj[ as stated on this p!at, according 10 Minne~ta Statute .'50.'502, Subdivision I CITY éImld ,lld\\!] pt":S<:II 'N Sl!r\C\..:d <II1J pl~th.:J ¡IS AWS A!\:U !IOC>VJ;S AD])) 1<: t~)[ publll' lIse !JI":vC! tin; and iilso dcdlnlk ¡lie CiiSe¡¡¡<:1 ulllll\ purp')W,;¡¡uJlIlg¡CSS¡mJ..:gJCs:> HIIl]()SCs"ul; , h, ¡;<)rpOl1m 2()1)..j ¡ÖS\\!h:rco!, "'lid I'm..s,C' cJ[!\ll:;pw]Jcronï,'crtlus SlgIH:' " I KNOW ALL Pt:RSONS BY THESE PRESENTS: That Paw~, Claw~ and Hooves, Inc. a Minnesot corporation, fee owner of Ihe following described property situijted in the COUIL!Y of CllrVtf, S!~!e 0 Minneso!a,towjt Tha! part ofGo~'ernmen! Jot 4 of SectIOn 36, Town~hip 116 North, Range 23 West, Calver County, J\Iiuuesola, which lies southerly oi!lIe sootherly boundllf)' line oUhe right of way oUhe Chicijgo and North Wes!em Transportation rompany {formerly Minneapoli. and 51 Louis Railway Compau)') ~s the same runs over and !lCros. said land and northet1y oithe northerly light of WilY lille of TUUJk Highway N 111 !IIId Trunk HighwllY No. 169 as now loca!ed and established, EXC¡':PTING tJjererrolIl Uta! par! l'on!ained wiUÜn the following described tract MINNESOTA F CHANIiASSEN, 'OUNCIL 1\1inn..::;uld ":OlpU I , " I I !\-llNNf.SOl A. lipprov By ARVER COUNTY, su RVE YOR, Mlnneso! 01 COUNTY 395, By 1)1~:;iJ":1 I , I S( 1\-11NN! " ( y !uteg< STAT!,' COliN] oin liu o o y , b ---._- - John E. Freemyer, Carver County Sun'eyoI , pi u, , ow. By Chapter '0 'UfSUII , ù'q d !\!inlLc l!n Ill": heforc jOOIC \laS "dnu\\'h:Jg~c! /'al\S, (:1<>\,', dllel c , 23 I , "' de....r R CO(INTY, MINNESOTA. 10 200,1 lor p' CAR"f: y o fo, OR, , fY AUDI ,Jelinqoen! _d~y 'OliN I hereby 'tftitylhal Ihelt" are no ilnd tunsttr ertle/ed. Daled tlri~ ":Crlt!\lhdtlha\'csUfI'ClcJd!ldpl"l ,'\IJ )!! (¡N.lhal1!us ¡:; ,¡ Ce'n ¡lie pl..1 UJ Ú:d dlld Hi a I JcnHcldl1..:ctuMlIII1Csu¡aSI¡¡I!H..:s)IJ "lllhe pL'L dlld Ihal Illere Ml' 110 I\C! iglll\ill S Ie> 1><: JC~lgn<ll<;d <¡Iher ¡I JaIl ilS 'IJUW ,h"I\ A. County Audi!or CARVER COrNT\', 2004 ior land described on !hisplðt day of lOOe¡ J\lI."I.~"iE.s -M-;;;kLlIlldg¡e1l,Carver fRE.-\SURER, thtyear this OUN'fY ereuy ,'ertify that the taxes payable tor )OVES ADDIT ()).' have been paid 011 tly ,'>unc'llJ!. LJ":":IbC ¡.,,, 1~2'.J.: '¡JC. i'ckh"n,!.dll< !lilr FA WS, CLAWS A~'¡ of d , Tom K t"lber, Ca¡VeT Coun!y Treasorer COUNTY RECORDER, CARVER (:OUNTY, '\HNNl::SOT A. this plat of PAWS, CI.:\\I,'S AND HOOVES ADDIllON was fiI lOO~, at o'clock M. as Document No By Htçorder Count Jr.,CarVt"I \V.Har c By u, mc l ~(O ]2 HHI..:".t" -. ~~lan-J'u¡'!lc CuurJ!\,Mllmcs<>L! 1 hereby ~'er1ify ~i\~l!s':;-~\p)rcsJ'II!lla'!3!,2IJ CITY OF CHANHASSEN RECEIVED 1'1' I 3 20011 JUL CHANHASSEN PLANNING DEPT as Pc !111":d' \ IJiII 2i. I\1INNI·;-.;( " s. \lq1.' SIAJ!:( (JlIN! 't' I INC. ...JAMES R. HILL, Br-IEET 1 OF 2 SHEETS N .) f- i I PAWS, CLAWS AND HOOVES ADDITION I 1/ -_/ / 90S ~ 7 tFC ~ ~ / --- \ 2 ~ Sf< I,t < 9 'u ~ -- / ~ \010 'I ArJ[ / ~ ~ 'W ,/ / . 0 '.VlrHj~ll,¡ .---- o ['" ." , ì" J '0,--OC'f.- -.JAMES R. HILL, INC. Sl-iEET :12: OF 2 SHEETS .~ .