2004-80
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DA TE:
November 22. 2004
RESOLUTION NO:
2004-80
MOTION BY:
LundQuist
SECONDED BY:
A votte
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.
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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.
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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.
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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 ill.
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.
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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.
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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.
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.
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.
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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.
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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 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.
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13.
The applicant is required to supply a financial security in the amount of $26,845.00 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 22nd day November of 2004.
A
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Thomas A. Furlong, Mayor
YES
NO
ABSENT
Furlong
Ayotte
Labatt
Lundquist
Peterson
None
None
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