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Ordinance 209CITY OF CHANHASSEN . CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 209 AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE CHANHASSEN CITY CODE, THE CITY'S SUBDIVISION AND ZONING ORDINANCES, CONCERNING STANDARDS FOR PRIVATE STREETS AND OFF STREET PARKING AND LOADING THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 18-57 (n) and (o) Design standards for private streets, and the zoning ordinance Article XXIV, Off -Street Parking and Loading to read as follows: (n) Public streets to be constructed in subdivisions located inside the metropolitan urban service area line, as identified in the city comprehensive plan shall be constructed to urban standards as prepared by the city engineer's office. Streets to be constructed in subdivisions located outside the metropolitan urban service area shall conform to the rural standard requirements as prepared by the city engineer's office. The construction of private streets are prohibited except as specified in Section 18-57 (o). • (o). Private streets may be permitted in business, industrial, office, R-8, R-12, and R-16. Up to four (4) lots in the A-2, RR, RSF, and R4 districts may be served by a private street if the city finds the following conditions to exist: The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. 2. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. 3. The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. If the use of a private street is to be allowed, they shall be subject to the following standards: 1. The common sections of a private street serving 2 units or more in the A-2, RR, RSF, and R4 districts must be built to a (7) seven ton design, paved to a • width of 20 feet, utilize a maximum grade of 10%, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes. Private streets serving R-8, R-12, and R-16, shall be • built to a (7) seven ton design, paved a minimum width of 24 feet, utilize a maximum grade of 10%, and provide a turnaround acceptable to the Fire Marshal based on applicable fire codes. Private streets serving business, industrial, and office districts shall be built to a (9) nine ton design, paved a minimum width of 26 feet, utilize a maximum grade of 10%, and provide a turnaround area acceptable to the fire marshal based on guidelines provided by applicable fire codes. Plans for the street shall be submitted to the city engineer. Upon completion of the driveway, the applicant shall submit a set of "as -built" plans signed by a registered civil engineer. 2. Private streets must be maintained in good condition and plowed within twenty-four (24) hours of a snowfall greater than two (2) inches. Covenants concerning maintenance shall be filed against all benefitting properties. Parking on the private street or otherwise blocking all or part of the private street shall be prohibited. 3. Private streets that are not usable by emergency vehicles because of obstructions, snow accumulation, or poor maintenance are a public safety hazard. The city may remedy such conditions and assess the cost back to the property pursuant to Minnesota Statutes section 429.101, Subd. 1(C). 4. The private street shall be provided with adequate drainage facilities to convey • storm runoff which may require hydrologic calculations for a 10 year storm should be included. In the R-8, R-12, R-16, business, industrial, and office districts, these improvements shall include concrete curb and gutter. • 5. Street addresses or city approved street name sign, if required, must be posted at the point where the private street intersects the public right-of-way. 6. The private street shall be designed to minimize impacts upon adjoining parcels. The city may require revised alignments and landscaping to minimize impacts. An erosion control plan should be completed and approved prior to construction. 7. The private street in the A-2, RR, RSF, and R-4 districts, must be located within a strip of property at least thirty (30) feet wide extending out to the public right-of-way or covered by a thirty foot wide easement that is permanently recorded over all benefitted and impacted parcels. Private streets serving R-8, R-12, R-16, business, industrial, and office districts, must be located within a strip of property at least forty (40) feet wide extending out to the public right-of-way or covered by a forty foot wide easement that is permanently recorded over all benefitted and impacted parcels. 2 • 8. Maintenance and repair of utilities located within the private driveway easement shall be the responsibility of the benefiting property. Section 2. Amend Section 20-1101 Driveway setbacks and widths in business, industrial, office and multiple -family districts to read as follows: ARTICLE XXIV. OFF-STREET PARKING AND LOADING DIVISION 1. GENERALLY Sec. 20-1101. Driveway and private street setbacks and widths in business, industrial, office and multiple family districts. The following controls driveway and private street setbacks and widths in the business, industrial, office, and multiple -family districts: (1) The width shall be measured between driveway or private street edges and shall be as follows: Type of Driveway or private street District Maximum Minimum One-way traffic Business 22 20 Two-way traffic Business 36 26 One-way traffic Industrial 22 20 Two-way traffic Industrial 36 26 • One-way traffic Office 22 20 Two-way traffic Office 36 26 One-way traffic multifamily 22 20 Two-way traffic multifamily 36 24 Section 3. Amend Section 20-1103. Reserved. by adding the following: 20-1103. Private Streets. Private streets are prohibited unless created and maintained pursuant to City Code Sections 18-57 (n) and (o). Lots of record created prior to December 10, 1990 are exempt from the private streets requirements. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 27th day of June, 1994, by the City Council of the City of Chanhassen. 0 3 • • ATTEST: zo, ( V,S� Don Ashworth, erk/Manager (Published in the Chanhassen Villager on July 7, 1994).