Ordinance 119ORDINANCE NO. 119
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE
The City Council of the City of Chanhassen Ordains as
f of lows :
ARTICLE II ADMINISTRATION AND ENFORCEMENT.
DIVISION 6. SITE PLAN REVIEW.
Section 20-106. Purpose. It is the intent of this ordinance
to serve the public interest by promoting a high standard of
development within the city. Through a comprehensive review of
both functional and aesthetic aspects of new or intensified
development, the city seeks to accomplish the following:
a) implement the comprehensive plan;
b) maintain and improve the city's tax base;
c) mitigate to the extent feasible adverse impacts of one
land use upon another;
d) promote the orderly and safe flow of vehicular and
pedestrian traffic; and
e) preserve and enhance the natural and built environment.
Section 20-107. Approval Required. Without first obtaining
site and building plan approval it shall be unlawful to do any of
the following:
a) construct a building;
b) move a building to any lot within the city;
c) expand or change the use of a building or parcel of land
or modify a building, accessory structure or site or land
feature in any manner which results in a different inten-
sity of use, including the requirement for additional
parking.
Section 20-108. Exceptions. Notwithstanding the provisions
of Section 20-107, the following shall not require site or building
plan approval:
a) construction or alteration of a single or two family
residential building or accessory building on a lot
. zoned for residential use;
b) enlargement of a building by less than 10 percent of its
gross floor area, provided that there is no variance
. involved and also provided that the director of planning
has conducted an administrative review pursuant to
Section 20-113 of this section;
c) changes in the leasable space of a multi -tenant building
where the change does not intensify the use or require
additional parking;
d) construction of buildings for agricultural uses on land
zoned and utilized for agricultural purposes.
e) Moving a residence or accessory building to any lot zoned
A-1, A-2, RR, or RSF provided that the lot and structure
siting comply with all applicable zoning ordinance stan-
dards.
Section 20-109. Application. Application for a site plan
review shall be made to the city planner on forms provided by the
city and shall be filed four (4) weeks in advance of the planning
commission meeting at which it is to be considered. Incomplete
or deficient applications shall not be scheduled for a meeting
unless the director of planning has determined that official
action is warranted. The application shall also include:
a) Evidence of ownership or an interest in the property;
0 b) The application fee; and
c) Complete site plans, signed by a registered architect,
civil engineer, landscape architect or other design pro-
fessional, to include the following:
d) General:
1) Name of Project.
2) Name, address, and telephone number of applicant,
engineer, and owner of record.
3) Legal description (certificate of survey will be
required).
4) Date proposed, north arrow, engineering scale,
number of sheets, name of drawer.
5) Vicinity map showing relationship of the proposed
development to surrounding streets, rights-of-
way, easements and natural features.
6) Description of intended use of the site,
buildings, and structures including type of occu-
pancy and estimated occupancy load.
7) Existing zoning and land use.
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8) Tabulation box indicating:
• (i)
(ii)
Size of parcel in acres or square feet.
Gross floor area of each building.
(iii)
Percent of site covered by building.
(iv)
Percent of site covered by impervious surface.
(v)
Percent of site covered by parking area.
(vi)
Projected number of employees.
(vii)
Number of seats if intended use is a
restaurant or place of assembly.
(viii)
Number of parking spaces required.
(ix)
Number of parking spaces provided including
handicapped.
(x)
Height of all buildings and structures and
number of stories.
e) Site and Building Plan:
1) Property line dimensions, location of all existing
and proposed structures with distance from boun-
daries, distance between structures, building dimen-
sions, and floor elevations.
2) Grading and drainage plans showing existing natural
features (topography, wetlands, vegetation, etc.), as
well as proposed grade elevations and sedimentation
and storm water retention ponds. Plans shall include
runoff and storage calculations for 10 year and 100
year events.
3) All existing and proposed points of egress/ingress
showing widths at property lines, turning radii
abutting rights-of-way with indicated center line,
width, paving width, existing and proposed median
cuts, and intersections of streets and driveways.
4) Vehicular circulation system showing location and
dimension for all driveways, parking spaces, parking
lot aisles, service roads, loading areas, fire lanes,
emergency access (if necessary), public and private
streets, alleys, sidewalks, bikepaths, direction of
traffic flow, and traffic control devices.
5) Landscaping plan in accordance with the provisions of
Article XXV.
6) Location, access and screening detail of trash enclo-
sures.
7) Location and screening detail of rooftop equipment.
8) Location and detail of signage.
. 9) Lighting location, style and mounting.
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10) Building elevations from all directions indicating
materials and colors. Interior floor plans may be
• required.
11) Utility plan identifying size and direction of
existing water and sewer lines, fire hydrants,
distance of hydrant to proposed building.
12) List of proposed hazardous materials, use and
storage.
13) Proposed fire protection system.
14) Such other information as may be required by the
City.
Section 20-110. Standards: In evaluating a site and building
plan, the planning commission and city council shall consider its
compliance with the following:
a) consistency with the elements and objectives of the city's
development guides, including the comprehensive plan,
official road mapping, and other plans that may be adopted;
b) consistency with this ordinance;
c) preservation of the site in its natural state to the
extent practicable by minimizing tree and soil removal and
• designing grade changes to be in keeping with the general
appearance of neighboring developed or developing areas;
d) creation of a harmonious relationship of buildings and
open spaces with natural site features and with existing
and future buildings having a visual relationship to the
development;
e) creation of a functional and harmonious design for struc-
tures and site features, with special attention to the
following:
1) an internal sense of order for the buildings and uses
on the site and provision of a desirable environment
for occupants, visitors and general community;
2) the amount and location of open space and landscaping;
3) materials, textures, colors and details of construc-
tion as an expression of the design concept and the
compatibility of the same with the adjacent and neigh-
boring structures and uses; and
4) vehicular and pedestrian circulation, including walk-
ways, interior drives and parking in terms of location
• and number of access points to the public streets,
width of interior drives and access points, general
interior circulation, separation of pedestrian and
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vehicular traffic and arrangement and amount of
parking.
• f) protection of adjacent and neighboring properties through
reasonable provision for surface water drainage, sound and
sight buffers, preservation of views, light and air and
those aspects of design not adequately covered by other
regulations which may have substantial effects on neigh-
boring land uses.
Section 20-111. Public Hearing. Upon receipt of a completed
application, a date shall be set for review of the site plan
before the planning commission. The review will be held no less
than 10 days after mailed notice is sent to the owners of proper-
ties located wholly or partially within 500 feet of the site, as
reflected in the records of the Carver County Auditor. The
director of planning may require an expanded mailing list for
sites fronting on lakeshore where the development would be
visible over a larger area. Following the hearing or any con-
tinuance thereof which is not appealed by the applicant, the
planning commission shall make a recommendation. The site plan
shall be forwarded to the city council with the planning com-
mission's recommendation for review on the next available agenda.
Final approval of the site plan requires a simple majority vote
of the city council.
Section 20-112. Multiple Applications. Any site and
building plan application which is accompanied by a request for a
• conditional use permit or for a rezoning amendment to this ordi-
nance shall be considered by the planning commission concurrently
with the conditional use permit or rezoning application.
Section 20-113. Administrative Approvals. Minor site plan
and building alterations which do not involve a variance, which
are consistent with the intent of the approval relative to all
aspects of the site and building plans and which are not accom-
panied by other matters requiring consideration by the planning
commission or city council, may be approved by the director of
planning. The director is not authorized to approve the prin-
cipal construction of new buildings or alterations to existing
buildings that would add more than 10% to the existing gross
floor area. If any application is processed administratively,
the director of planning shall render a decision within 30 days
and shall serve a copy of the decision upon the applicant by
mail. Any person aggrieved by a decision of the director of
planning may appeal the decision to the planning commission in
the manner specified in Section 20-109 of this ordinance.
Section 20-114. Conditions. The planning commission, city
council or director of planning may impose conditions in granting
approval to site and building plans to promote the intent of this
ordinance and to protect adjacent properties.
Section 20-115. Specific Project. Site and building plans
shall be valid only for the project for which approval is
granted. Construction of all site elements shall be in
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compliance with the plans and specifications approved by the
planning commission, city council or director of planning.
• Section 20-116. Architectural Standards.
a) It is not the intent of the city to restrict design freedom
unduly when reviewing project architecture in connection with
a site and building plan. However, it is in the best interest
of the city to promote high standards of architectural design
and compatibility with surrounding structures and neigh-
borhoods. Architectural plans shall be prepared by an archi-
tect or other qualified person acceptable to the director of
planning and shall show the following:
1) elevations of all sides of the building;
2) type and color of exterior building materials;
3) a typical floor plan;
4) dimensions of all structures; and
5) the location of trash containers and of heating,
ventilation and air conditioning equipment.
b) The use of unadorned, prestressed concrete panels and concrete
block shall not be permitted. Acceptable materials will
incorporate textured surfaces, exposed aggregate and/or other
• patterning. The use of metal on building exteriors shall be
limited to trim detailing and/or to buildings using metal and
glass curtain walls. Architectural metal roof (standing seam
and similar) systems and canopies may also be allowed.
c) All rooftop or ground -mounted mechanical equipment and
exterior trash storage areas shall be enclosed with materials
compatible with the principal structure. Low profile, self-
contained mechanical units which blend in with the building
architecture may be exempt from the screening requirement.
d) Underground utilities shall be provided for all new and
substantially renovated structures. On sites where, through
design on topography, rooftop mechanical systems are highly
visible from off-site locations, structural screening will be
required.
Section 20-117. Maintenance of Site and Landscaping. The owner,
tenant, and their respective agents shall be held jointly and
severally responsible to maintain their property and landscaping in a
condition presenting a healthy, neat and orderly appearance and free
from refuse and debris. Plants and ground cover which are required by
an approved site or landscape plan and which have died shall be
replaced within three months of notification by the city. However,
the time for compliance may be extended up to nine months by the
. director of planning in order to allow for seasonal or weather con-
ditions.
•
•
•
Section 20-118. Retaining Walls.
feet in height, including stage walls
feet in height, must be constructed in
by a registered engineer or landscape
Retaining walls exceeding five
which cumulatively exceed five
accordance with plans prepared
architect.
Section 20-119. Landscaping Financial Guarantee Required. When
screening, landscaping or other similar improvements to property are
required by this ordinance, a performance bond shall be supplied by
the owner in an amount equal to at least 120% value of such screening,
landscaping, or other improvements. The security must be satisfatory
to the city and shall be conditioned upon reimbursement of all expen-
ses incurred by the city for engineering, legal or other fees in con-
nection with making or completing such improvements. The guarantee
shall be provided prior to the issuance of any building permit and
shall be valid for a period of time equal to one full growing season
after the date of installation of the landscaping. The city may
accept a letter of credit, cash escrow or bond. In the event
construction of the project is not completed within the time
prescribed by building permits and other approvals, the city may, at
its option, complete the work required at the expense of the owner and
the surety.
The city may allow an extended period of time for completion of
all landscaping if the delay is due to conditions which are reasonably
beyond the control of the developer. Extensions which may not exceed
nine months, may be granted due to seasonal or weather conditions.
When an extension is granted, the city shall require such additional
security as it deems appropriate.
Section 20-120. Maintenance of the Site. It shall be the obliga-
tion of the owner to maintain the site in a manner consistent with the
approved site and building plan. Unapproved alterations are in viola-
tion of this ordinance.
Section 20-121. Issuance of Building Permit and Certificate of
Occupancy. A building permit may be issued if the proposed construc-
tion conforms to the approval granted by the city. A certificate of
occupancy may be withheld if construction is not consistent with the
terms of plan approval and will not be issued until the terms of plan
approval are met. Minor changes to the approved site plan may be made
after review and approval by the director of planning in accordance
with Section 20-113. Major changes shall require the submission of
another site plan review application.
This ordinance shall become effective upon its adoption and
publication.
Passed and adopted by the Chanhassen City Council this 12th day of
February, 1990.
ATTEST:
0a 'Don Ashworth,` -City Clerk/Manager Donald J. iel, Mayor
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(Published in the Chanhassen Villager on February 22, 1990)
Affidavit of Publication
Southwest Suburban Publishing
CITY OF CHANHASSEN
CAR
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State of Minnesota )
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G ORDINAMM
Count of Carver
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AMENDMENT TO DIVISION Xt,
SITE PLAN- afmpw
PROCEDURES, ORDINANCE
SUMMARY
Stan Rolfsiud, being duly sworn, on oath says that he is the publisher of the newspaper known as the Chaska Herald
On February 12,1990, the City Council
and the Chanhassen Villager and has full knowledge of the facts herein stated as follows:
adopted, a Zoning Ordinance amendment
(A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided
that provides additional direction, and
by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
standards related to the site plan review.
(B) The printed public notice that is attached to this Affidavit and identified as No. 3073 , was published on
procedure. It creates an intent statement,,.
allows the City to establish conditions ,
the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part
approval, creates a requirement for the
of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the
posting financial guarantees for site
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used
improvements and clarifies administra-
in the composition and publication of the Notice:
tive review functions.
Enforcement of this ordinance shall
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be subject to the provisions of the zoning
ordinance. This ordinance is in full force
commencing on the date of
,publication
of this summary.
B
Don Ashworth
Stan Rolfsrud, Gen anager
City Manager
(Published in the Chanhassen Villager
Subscribed and sworn before me on
Thursday, February 22, 1990; No. 323)
this a�o� day of '1990 ,.
M,
' 'r SCOTT COUN TY
WCOMMMSON EXPIRES &12-,�s
v►riK-r•,r
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ............................ $6.68 per column inch
Maximum rate allowed by law for the above matter.......................................................... $6.68 per column inch
Rate actually charged for the above matter.......................................................................... $5.56 per column inch