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Ordinance 136• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 136 AN ORDINANCE AMENDING SECTIONS 20-695, 20-715, 20-735, 20-755, 20-774 AND 20-815 REGARDING PARKING SETBACKS AND BUFFER YARDS The Chanhassen City Council ordains: Section 1. A. Section 20-695(6), Business Neighborhood District; Section 20-715(6), Business Highway District; Section 20- 755(5), Business General District; Section 20-774(5), Business Fringe District; and Section 20-815(5), Industrial Office Park District shall be amended by adding the following: e. Parking setbacks along public rights-of-way may be reduced to a minimum of 10 feet if the applicant can demonstrate to the satisfaction of the City that 100% screening is provided at least 5 feet above the adjacent parking lot. The intent of this section is that the City is willing to trade a • reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. B. Section 20-695(8), Business Neighborhood District; Section 20-715(8), Business Highway District; Section 20- 755(7), Business Fringe District; Section 20-774(7), Business Fringe District; and Section 20-815(7), Industrial Office Park District shall be amended to add the following: C. Buffer Yards: The City Comprehensive Plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the Plan where higher intensity uses interface with low density uses. In these areas, a fifty (50) foot buffer yard is to be provided where the interface occurs along a public street, a one hundred (100) foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The 1 • full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the City, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the City. In instances where existing topography and/or vegetation provide buffering satisfactory to the City, or where quality site planning is achieved, the City may reduce buffer yard requirements by up to 50%. The applicant shall have the full burden • of demonstrating compliance with the standards herein. C. Section 20-504, Planned Unit Development Section, shall be amended by adding the following: e. Buffer Yards: The City Comprehensive Plan establishess a requirement for buffer yards. Buffer yards are to be established in areas indicated on the Plan where higher intensity uses interface with low density uses. In these areas, a fifty (50) foot buffer yard is to be provided where the interface occurs along a public street, a one hundred (100) foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to 2 • be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the City, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the City. In instances where existing topography and/or vegetation provide buffering satisfactory to the City, or where quality site planning is achieved, the City may reduce buffer yard requirements by up to 50%. The applicant shall have the full burden of demonstrating compliance with the standards herein. Section 2. This ordinance shall become effective upon it's passage and publication. Passed and adopted by the Chanhassen City Council on the 28th day of January, 1991. • ATTEST: Don Ashwor , City Manager Donald J. C el, Mayor (Published in the Chanhassen Villager on February 14, 1991) 0 The buffer yard is intended to provide additional physical separation and screen- ing for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the City, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consis- tency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation ease- ment running in favor of the City. In instances where existing topogra- phy and/or vegetation provide buffering satisfactory to the City, or where quality site planning is achieved, the City may reduce buffer yard requirements by up to 5001o. The applicant shall have the full burden of demonstrating compliance with the standards herein. C. Section 20-504, Planned Unit Development Section, shall be amended by adding the following: e. Buffer Yards: The City Compre- hensive Plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the Plan where higher intensity uses interface with low density uses. In these areas, a fifty (50) foot buffer yard is to be provided where the interface occurs along a public street, a one hundred (100) foot buffer yard is required where the interface oc- curs on internal lot lines. The buffer yard is an additional set- back requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screen- ing for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the City, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consis- tency with the approved plarr, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation ease- ment running in favor of the City. In instances where existing topogra- phy and/or vegetation provide buffering satisfactory to the City, or where quality site planning is achieved, the City may reduce buffer yard requirements by up to 50%. The applicant shall have the full burden of demonstrating compliance with the standards herein. Section 2. This ordinance shall be- come effective upon it's passage and publication. Passed and adopted by the Chanhas- sen City Council on the 28th day of Janu- ary, 1991. ATTEST: Don Ashworth, City Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager Thursday, February 14,1991; No. 546) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. y published on (B) The printed public notice that is attached to this Affidavit and identified as No. was p the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz By:- - /' Stan Rolfsrud, General Manager Subscribed and sworn before me on �, this day of'.%-, ,1991 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ................ $7.12 per column inch Maximum rate allowed by lav for the above matter................................................$7.12 per column inch Rate actually charged for the above matter ....................................................... I...... $5.84 per column inch CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NNNES OTA 'ORDINANCE NO. 136 AN ORDINANCE AMENDING SECTIONS 20-695.,20-715 ,20-735,20- 755,20-774 AND 20-815 REGARDING PARKING SETBACKS AND BUFFER YARDS The Chanhassen City Council ordains: Section 1. A. Section 20-695(6), Business Neighborhood District; Section 20- 715(6), Business Highway District; Sec- tion 20-755(5), Business General Dis- trict; Section 20-774(5), Business Fringe District; and Section 20-815(5), Indus- trial office park District shall be amended by adding the following: e. Parking setbacks along public rights-of-way may be reduced to a mini- mum of 10 feet if the applicant can dem- onstrate to the satisfaction of the City that 100% screening is provided at least 5 feet above the adjacent parking lot. The intent of this section is that the City is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aes bet! y, Accept- able screening is to be comprised of ber- ming and landscaping. Screening through the use of fencing is not permitted. B. Section 20-695( 8 Neighborhood District; Sectiion Business 715(8), Business Highway District; Sec- tion 20-755(7), Business Fringe District; Section 20-774(7), Business Fringe Dis- trict; and Section 20-815(7), Industrial Office Park District shall be amended to add the following: c. Buffer Yards: The City Compre- hensive Plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the Plan where higher intensity uses interface with low density uses. In these areas, a fifty (50) foot buffer yard is to be provided where the interface occurs along a public street, a one hundred (100) foot buffer Yard is required where the interface oc- curs on internal lot lines. The buffer yard is an additional set- back requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use.