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Ordinance 250• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA • ORDINANCE NO.250 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE CONCERNING LANDSCAPING AND TREE REMOVAL FOR TRANSITIONAL BUFFERING BETWEEN USES PURPOSE AND INTENT It is the policy of the city to provide buffering between different intensities and densities of land uses and between developments and public collector and arterial right-of-ways in order to provide screening from light, noise, and air pollution, to enhance public safety, and to improve the aesthetics and compatibility of uses. The intent of this ordinance is to provide minimum standards that are understandable, reasonable, and implementable. The standards must address a comprehensive range of development opportunities. Standards shall not unduly restrict design flexibility and they should permit a good designer to reflect the demands of the site in which it is placed. THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. ARTICLE III. DESIGN STANDARDS, Section 18-61 (a) (5). Landscaping and tree preservation requirements is amended to read: (5) Landscaped buffers around the exterior of the subdivision and adjacent to collector and arterial streets shall be required by the city as specified in section 20-1176 (f). Section 2. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL, DIVISION 1. GENERALLY, Section 20-1176. Intent, scope and compliance, subsection (b) of the Chanhassen City Code is amended to read: (b) Except for buffer yard requirements specified in section 20-1176 (f) below, this article does not apply to single-family developments in Al, A2, RR, RSF, and R4 zoning districts which are regulated by landscaping requirements contained in the subdivision ordinance (chapter 18). Section 3. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL, DIVISION 1. GENERALLY, Section 20-1176. Intent, scope and compliance, subsection (f) of the Chanhassen City Code is amended to read: (f) Buffering shall be provided between high intensity and low intensity uses, between a site • and major streets and highways, and in areas where buffering is required by the comprehensive plan. Such buffering shall be located within a required buffer yard. The • buffer yard is a unit of yard together with the planting required thereon. The amount of land and the type and amount of planting specified for each buffer yard required by this ordinance are designed to ameliorate nuisances between adjacent land uses or between a land use and a public road. The planting units required of buffer yards have been calculated to ensure that they do, in fact, function to "buffer." (1) Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot or parcel boundary line, except where easements, covenants or natural features may require the buffer yard to be set back from the property line. Subject to review and approval by the City Engineering Department, buffer yards that are compatible with the typical city boulevard planting requirements may be located within a portion of an existing municipal public collector or arterial right-of-way. (2) To determine the buffer yard required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed: a. Identify the proposed land use of the parcel and the land use of the adjacent parcel or functional classification of abutting right-of-way based on the City of Chanhassen Future Land Use Plan. b. Determine the buffer yard required on each boundary, or segment thereof, of the subject property by referring to the following Table of Buffer Yard • Requirements and illustrations which specify the buffer yard required between adjacent uses or streets. • C. Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses or adjacent to a collector or arterial right-of-way. The plant unit multiplier is a factor by which the basic number of plant materials required for a given buffer yard is determined in accordance with the selected width of the yard. The project developer shall be responsible for providing 75 percent of the required plantings. If abutting property owner(s) desire to bring the buffering to 100 percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining 25 percent of the required plantings on their own property. d. Whenever a wall, fence, or berm is required within a buffer yard, these are shown as "structure required" in the buffer yard illustrations. The erection and maintenance of all required structures shall be the responsibility of the buffer yard provider (project developer). Maintenance of the structure shall be the responsibility of the landowner on whose property the structure is located. 2 • e. All buffer yards shall be maintained free from all forms of development or storage of equipment or materials. A ground cover of vegetative or organic material shall be provided. Buffer yards shall be maintained free from junk and debris. Dead or diseased vegetation shall be removed and replaced with healthy vegetation. The responsibility to maintain, remove or replace plant materials shall be that of the landowner on whose property the plant material needing maintenance or replacement is located. • TABLE OF BUFFER YARD REQUIREMENTS PROPOSED DEVELOPMENT ADJACENT LAND USE LL/LD MD HD OFF MIX COM PUB ACT PASS OFF/ IND LL/LD none B C C C D B B A D MD none A B B C D B B A D HD none A A B C D B B A D OFF none B B A B B B B B B MIX none C C B B B C C C B COM none C D B B A C C C B PUB none A A B C C A A A C ACT none A B B B C A A A C PASS none A A B B C A A A C OFF/IND none C C B B B C B B B ROAD B B B B B B B B B C The land use abbreviations are as follows: LL/LD - large lot and low density residential; MD - medium density residential; HD - high density residential; OFF - office; Mix - mixed use; Com - commercial; Pub - public/semi-public; Act - active park/open space; Pass - passive park/open space; Off/Ind - office/industrial; Road - collector and arterial road. (3) Plant material existing on a parcel which meets the buffer yard planting • requirements of location, size and species may be counted toward the total buffer yard plant material requirement. Existing natural features such as slopes, woodlands or wetlands which provide physical separation between developments or between a development and a collector and arterial road may satisfy the 3 • buffering function of the required buffer yard. The plant unit multiplier for the required plantings shall be reduced proportionally to the increase in the buffer yard width incorporating said features. • (4) Buffer yards may be used for passive recreation and they may contain a trail provided that no plant material is eliminated, the total width of the buffer yard is maintained, and all other regulations of this ordinance are met. Utility easements may be included within buffer yards provided that the utility requirements and buffer yard requirements are compatible and canopy trees are not planted within said easement. (5) Where front, side and rear yards are required by this ordinance, buffer yards may be established within such required yards. (6) Canopy trees are defined as those trees specified as primary or secondary deciduous trees in the city's subdivision ordinance. (7) Understory trees are defined as those trees specified as ornamental or conifer trees in the city's subdivision ordinance. (8) In instances in which the city deems it necessary to provide year round screening, the city may designate that all planting be of conifers. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 8th day of April, 1996, by the City Council of the City of Chanhassen, Minnesota. Don Ashworth, Manager Donald J. C e , ayor (Summary published in the Chanhassen Villager on April 18, 1996.) 4 • 0 BUFFERYARD REQUIRED PLANT UNITS/100' 1 Canopy Trees 2 Understory Trees 3 Shrubs a Evergreen Trees/ 12 Conif ers UA Plcnt Urut too' MW ipGer 4 zs• :?`: 10 • :��.:Kom.e • 1.0 too . • �� 0 BUFFERYARD B REQUIRED PLANT UNITS/100' 2 Canopy Trees 0' 4 Understory Trees (a 6 Shrubs d Evergreen Trees/ it Conifers C. Plant Unit 100' MdtipGer 4 30' a 0 BUFFERYARD C REQUIRED PLANT UNITS/100' 3 Canopy Trees 6 Understory Trees 9 Subs d Evergreen Trees/ 12 Conifers 0 Lower Intensity Use Higher Intensity Use Structure Required 0 BUFFERYARD D REQUIRED PLANT UNITS/100' 5 Canopy Trees 10 Understory Trees 15 Shrubs d Evergreen Trees/ 12 Conifers E .. 0. tom¢ .6 30i` QD a %,OD i��.+•n�7A"i�.- Ord :,�•��r;;Zw Lower Intensity Use T • • 8 '°at F3 y Higher Intensity Use • FENCES SYMBOL HEIGHT F, F2 1F�--7 u TYPICAL MATERIAL 44�� Wood Rail �� IIIIIIIIIIIIIIIII F3 61 F4 8' • Wood Stockade MINIMUM OPACITY 25% 50% 95% ORDINANCE SUMMARY NO. 250 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE An ordinance amending Chapter 20 of the Chanhassen City Code, Section 18-61 (a)(5) referencing Section 20-1176 (f) and Section 20-1176 establishing minimum buffer yard standards between different intensities and densities of land uses. Robert Generous, Senior Planner 937-1900 ext. 141 (Publish in the Chanhassen Villager on April 18, 1996.) ORDINANCE SUMMARY NO.250 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE An ordinance amending Chapter 20 of the Chanhassen City Code, Section 18- 61(a)(5) referencing Section 20-1176 (f) and Section 20-1176 establishing mini- mum buffer yard standards between dif- ferent intensities and densities of land uses. Robert Generous, Senior Planner 937-1900 ext. 141 (Published in the Chanhassen Villager on Thursday, April 18, 1996; No. 2687) 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. (B) The printed public notice that is attached to this Affidavit and identified as was published on 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 lowercase alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of used in the composition and publication of the Notice: abcdefghijklmnopgrs tuv By: Subscribed and sworn before me on this I I day o , 1996 =_:=`° w RATE INFORMATION I a zel. ` otary Public Rolfsrud, General Manager or his designated agent ' ...b. G11VEN M. RADUENZ i NOTARY PUBLIC -MI MY COMMISSION EXPI NINESOTA 0 RES 1-31-00 A� :PtO`d`AVPV7+�f�C`C+ Lowest classified rate paid by commercial users for comparable space ......... $11.00 per column inch Maximum rate allowed by law for the above matter......................................$11.00 per column inch Rate actually charged for the above matter...................................................$7.67 per column inch