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CITY OF CHANIIASSEN
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TO: Planning Commission
FROM: Bob Generous, Senior Planner
DATE: February 7, 2017 Olt`
SUBJ: Amendments to City Code - Stables
Proposed Motion:
"The Chanhassen Planning Commission recommends that the City Council adopt the attached
ordinance amending the Chanhassen City Code concerning stables."
BACKGROUND
On January 9, 2017 staff presented an issue paper to the City Council in response to concerns
raised about the suitability of stables in Residential Single Family Districts. The City Council
directed staff to draft an ordinance removing stables as an interim use in Residential Single
Family Districts.
On August 16, 2016 staff presented an issue paper to the Planning Commission in response to
concerns raised about the suitability of stables in Residential Single Family Districts. The
Commission directed staff to draft an ordinance removing stables as an interim use in Residential
Single Family Districts.
The Planning Commission has review responsibility for Chapters 18 and 20. A public hearing is
required to make changes in these chapters. We are requesting that the Planning Commission
review the proposed revision to Chapter 20 related to stables in the Single-Family Residential
District and recommend an ordinance amendment incorporating the changes. In addition, we are
proposing changes to other chapters of the City Code related to the stable ordinance and are
presenting them to the Planning Commission for review and comments.
The proposed ordinance amendment would allow the existing stables to continue as they
currently are. However, any expansion of their stable permits and all new stable permits would
need to comply with these new regulations.
PH 952.227.1100• www.cichanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
Planning Commission
City Code Amendments— Stables
February 7, 2017
Page 2 of 5
DISCUSSION
Chapter 1, General Provisions
Issue: Some definitions need to be added to better clarify the requirements and meaning of the
ordinance relative to stables and stable permitting.
Staff is recommending that we add definitions to help clarify the stable regulations in chapter 5.
Free choice means the horse has a free and independent opportunity to access a structure
without human intervention. A horse may voluntarily enter and exit said structure. (5)
Mini-horse means a horse that is 34 inches or less in height at maturity. (5)
Pasture means a fenced area of real property for the grazing or keeping of horses, cattle,
goats or sheep. A pasture may be grassed which means that it provides sufficient and
suitable vegetation for the feeding of a horse during the growing season or a "dry lot"
which does not provide sufficient and suitable vegetation for the feeding of a horse. In a
"dry lot" the horse must be fed to meet its minimum daily nutritional needs. (5)
Chapter 5, Animals and Fowl,Article III, Horses
Issue: As currently written, the standards for allowing horses on a property count the entire
property in meeting the requirements of the minimum standards for horses. However, it is only
that area of the property that is not built on with a house or other structures that would be eligible
for use as pasture or dry lot area that should be counted toward the minimum requirements.
Staff has been investigating clarifications to the ordinance that should be made to facilitate this.
Staff has been in contact the University of Minnesota Equine Extension Services to development
best management practices for stables and pasture land. Staff is recommending the following
changes to the ordinance:
Section 5-86
In this article, "horse" includes horses, colts, ponies, mini-horses,mules, burros, alpacas or
llamas.
Clarifies that mini-horses and alpacas are included in animals allowed as part of a stable permit.
Planning Commission
City Code Amendments— Stables
February 7, 2017
Page 3 of 5
Section 5-89 (a) (3):
Horses must be provided a minimum of free choice protection er of a constructed shelter from
direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind and from
freezing precipitation for all horses. Natural or Constructed shelters must be a minimum of 240
square feet for the first horse and 60 square feet for each additional horse of sufficient size
to provide the necessary protection. Four mini-horses or alpacas are equivalent to one horse.
Each additional mini-horse or alpaca in excess of four mini-horses or alpacas would
require a minimum of 15 square feet of additional shelter area. Constructed shelters must be
structurally sound, free of injurious matter, maintained in good repair, and ventilated.
Clarifies the minimum size standard for acceptable shelters for horses.
Section 5-104 Conditions required for issuance.
a. A stable permit shall be issued by the city clerk upon approval by the stable inspector if the
following conditions are met:
(1) Minimum pasture acreage for two horses shall be 11/2 acres, and for three horses shall be two
. - , . : . ... . . - -• : acre shall be required for each additional horse determined
as follows:
(a) Grassed pasture two (2) acres per horse. Mini-horses and alpacas may reduce the
required grassed pasture to one-quarter (1/4) acre per mini-horse or alpaca. A
grassed pasture provides sufficient and suitable vegetation for the feeding of a horse
during the growing season.
(b) Dry lot 400 square feet of pasture per horse. Mini-horses and alpacas may be
reduced to 200 square feet of dry lot per horse. A "dry lot" does not provide
sufficient and suitable vegetation for the feeding of a horse.
(2) No stable permit shall be issued for a lot of less than one acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep the
animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals comfortable and protected
from the elements and which shelter or stabling facility shall be no closer than 100 feet from
any structure other than the applicant's, which is used for residential purposes.
(5) The shelter or stabling facility shall be so located so as not to create a public nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not be a harborage
for rodents, flies and insects.
Planning Commission
City Code Amendments—Stables
February 7, 2017
Page 4 of 5
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the
pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) 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.
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
(11) Should a variance be requested from these standards,the owner must successfully
complete an equine management program through the University of Minnesota
Extension program or other accredited program and implement such standards.
Clarifies the minimum pasture standards for horses. Also provides standards for the deviation
from the standards.
Chapter 20, Article XII, "RSF" Single-Family Residential District
Issue: City code permits stables in the RSF district as an interim use. This type of use is a hold-
over from the time when the city was more agrarian and began rezoning land from R1A to RSF
district. At that time, there were more equine uses throughout the community. At one time,
there was even a commercial stable located in the vicinity of Bretton Way and Teton Lane in
north central Chanhassen. Over time, this area has been subdivided in to single-family homes.
In March 2016, the City approved an interim use for a property on Ridge Road. At that time, it
became apparent that this type of use was becoming less compatible with the increasing
residential nature of these areas.
City code would still permit stables in the Rural Residential and Agricultural Estate districts.
Staff is recommending that Section 20-616 be amended as follows:
Section 20-616- Interim uses.
The following are interim uses in the "RSF" District:
(1) Reserved Private stables subject to provisions of h ptcr 5, article III.
(2) Commercial stables with a minimum lot size of five acres.
Existing stables in this district would be permitted to continue(Mara Schottenbauer, Ann Nye
and Nancy Link). No additional stable permits would be allowed in the RSF District.
Planning Commission
City Code Amendments— Stables
February 7, 2017
Page 5 of 5
RECOMMENDATION
Staff recommends approval of the ordinance addressing the stable permits.
ATTACHMENTS
1. List of existing Stable Permits
2. Proposed Ordinance
3. Letter from Matthew Christensen
G:\PLAN\City Code\2017\2017-02 Various\Stables\Report stable PC
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
ORDINANCE NO. [insert number]
AN ORDINANCE AMENDING
THE CHANHASSEN CITY CODE
CHAPTER 1, GENERAL PROVISIONS,
CHAPTER 5,ANIMALS AND FOWL,AND
CHAPTER 20, ZONING
CONCERNING STABLES.
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows by adding
the following definitions:
Free Choice Means the horse has a free and independent opportunity to access a structure
without human intervention. A horse may must be able to voluntarily enter and exit said
structure. (5)
Mini-horse means a horse that is 34 inches or less in height at maturity. (5)
Pasture means a fenced area of real property for the grazing or keeping of horses, cattle,
goats, or sheep. A pasture may be grassed which means that it provides sufficient and
suitable vegetation for the feeding of a horse during the growing season or a"dry lot"
which does not provide sufficient and suitable vegetation for the feeding of a horse. In a
"dry lot"the horse must be fed to meet its minimum daily nutritional needs. (5)
Section 2. Section 5-86 of the Chanhassen City Code is amended to read as follows:
Section 5-86.—Definitions
In this article, "horse" includes horses, colts,ponies, mini-horses,mules,burros, alpacas
or llamas
Section 3. Section 5-89 (a) (3) of the Chanhassen City Code is amended to read as follow:
Horses must be provided a minimum of free choice protection of a constructed shelter
from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind
and from freezing precipitation for all horses. Constructed shelters must be a minimum of
240 square feet for the first horse and 60 square feet for each additional horse. Four
mini-horses or alpacas are equivalent to one horse. Each additional mini-horse or alpaca
in excess of four mini-horses or alpacas would require a minimum of 15 square feet of
additional shelter area. Constructed shelters must be structurally sound, free of injurious
matter,maintained in good repair, and ventilated.
Section 4. Section 5-104 of the Chanhassen City Code is amended to read as follows:
Section 5-104 Conditions required for issuance.
a. A stable permit shall be issued by the city clerk upon approval by the stable inspector
if the following conditions are met:
(1) Minimum pasture acreage for horses shall be determined as follows:
(a) Grassed pasture two (2) acres per horse. Mini-horses and alpacas may reduce
the required grassed pasture to one-quarter(1/4) acre per mini-horse or alpaca. A
grassed pasture provides sufficient and suitable vegetation for the feeding of a
horse during the growing season.
(b) Dry lot 400 square feet of pasture per horse. Mini-horses and alpacas may be
reduced to 200 square feet of dry lot per mini-horse or alpaca. A "dry lot" does
not provide sufficient and suitable vegetation for the feeding of a horse.
(2) No stable permit shall be issued for a lot of less than one acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which
will keep the animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals comfortable
and protected from the elements and which shelter or stabling facility shall be no
closer than 100 feet from any structure other than the applicant's, which is used for
residential purposes.
(5) The shelter or stabling facility shall be so located so as not to create a public
nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not be a
harborage for rodents, flies and insects.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute
to the pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) 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.
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
(11) Should a variance be requested from these standards, the owner must
successfully complete an equine management program through the University of
Minnesota Extension program or other accredited program and implement such
standards.
Section 5. Section 20-616 of the Chanhassen City Code is amended to read as follows:
Section 20-616- Interim Uses.
The following are interim uses in the"RSF"District:
(1) Reserved
Section 6. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this [insert date] by the City Council of the City of
Chanhassen, Minnesota
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
(Published in the Chanhassen Villager on [insert date])
Matthew Christensen
10 Pioneer Trail
Chanhassen, MN 55317
February 1, 2017
Chanhassen Planning Commission
7700 Market Blvd
Chanhassen, MN 55317
Dear Chanhassen Planning Commission:
Thank you in advance for your time in reviewing my concerns. I have been in contact with planning
department employees and have a remaining concern with the proposed horse stable code changes that
are scheduled to be discussed in the February 7th Planning Commission meeting. While I understand the
rationale for reviewing stable code, I am concerned specifically with the severe change to number of
horses permitted. I feel this change places an unnecessary restriction on property usage and has a
significant negative impact to property values.
While each property will have its own considerations, I'm best able to illustrate with our personal
situation. My family moved to a 6.67 acre Chanhassen property in 2010. Prior to even making a
purchase offer, we met with city staff from several departments to ensure the property we were
considering would permit us to fulfill our dream of owning horses. All indications were positive and we
were provided with existing code as a basis for this decision.
We invested in a 2,300 square foot wooden barn in 2011. At the time we were granted a variance that
allowed us to exceed the 1,000 accessory building square-foot limit. While we never anticipated
approaching the current limit of 16 horses on our property,this facility enabled us or future owners to
comfortably accommodate 7 full size horses.
We have had 2 horses on our property for the past six years. They are unable to keep up with our
existing pasture, so I mow the pasture several times each summer. We supplement their diet with hay
and feed over winter and on rainy summer days. As we have five riders in our family, we have been
interested in adding a third horse to our existing stable, but have not yet found the right horse. We have
also investigated the possibility of acquiring a llama for its educational value.
Under the proposed regulations our allowance for horses would be reduced from 16 to 2, which would
severely inhibit our ability to fully utilize our facilities and pasture. I understand the University of
Minnesota guideline is an average of 2 acres pasture per horse,but in doing so they are considering
pasture to be the only source of nutrition. They also acknowledge that each pasture and horse is
different in terms of production capabilities and nutritional requirements. Dry lots are considered an
Chanhassen Planning Commission
February 1, 2017
Page 2
acceptable alternative to pasture. Existing stable permit holders in Chanhassen are successfully
exceeding these guidelines by supplementing the horses' nutritional needs with hay and feed throughout
the year.
In addition to limiting expansion, I believe the proposed changes may in some cases revoke the ability to
keep horses on even properties with existing stable permits. I understand there is an allowance that
existing stable permit holders could continue renewing their permits at current levels. It is my
understanding that the permit is assigned to the property owner rather than the property itself. As a
result, I believe properties may further lose or have their capacity removed at the point in time they were
sold to new owners. While the new guidelines allow one horse at two acres of pasture, it is not ideal to
keep a single horse. As social animals they thrive only when they have a companion, so properties
would require at least 4 acres of pasture to feasibly host horses.
Finally, please note there are existing provisions within city code addressing animal welfare, natural
resource pollution, public health, manure management, nuisance animals, animal containment, and
facility care that cover all imaginable negative impacts to the public. With that in mind, I don't feel the
reduction in permitted horses accomplishes any change except reducing the number of horses in
Chanhassen.
My only request is to consider altering the minimum pasture requirements proposed. Removing
unusable land from the calculation of available acreage is an understandable proposed change to the
code. Retaining the existing calculation of permitted horses per acre and applying it to the reduced
calculation of pasture acres available would be a reasonable compromise. The existing calculations are
2 horses for the first 1.5 acres or 3 horses for the first 2 acres. An additional 1 horse is permitted for
each additional 1/3 acre.
Thank you again for your time and consideration.
Sincerely,
Matthew Christensen