Ordinance 286CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.286
AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING AND
SUBDIVISION ORDINANCES, ESTABLISHING THE BLUFF CREEK
OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 18-40 (2) of the Chanhassen City Code is amended by adding
subparagraph k. to read:
k. Within the Bluff Creek Overlay (BCO) District, the application shall also
include:
a. Identified boundaries of the Primary Zone and Secondary Zone on
a drawing depicting existing conditions and on a site plan depicting
the proposed development pattern.
b. Calculations and/or drawings that identify the allowable density
(number of units or building coverage) under the Chanhassen City
Code including lands lying in the Primary and Secondary Zone.
Calculation of allowable density shall specifically exclude lands
classified as bluffs, flood plains and designated wetlands.
Calculation of allowable impervious cover may include bluffs and
flood plains but shall specifically exclude designated wetlands.
SECTION 2. Section 18-64 of the Chanhassen City Code is amended by adding the a
paragraph to read:
Within the BCO District, meet the additional purpose, intent and standards of the BCO
District.
SECTION 3. Section 20-1 of the Chanhassen City Code is amended by adding the
following definitions:
Cluster Development means a pattern of development that arranges the layout of
buildings on a compact area of the site so as to reserve a portion of the site for common
open space or green space that is protected in perpetuity.
• Ecosystem means a community of interacting animals, plants and microorganisms and the
physical and chemical environment in which they live.
Natural Features Any slope (12 percent slope or greater), forested areas. Lakes, streams
• and wetlands, areas of unique vegetative cover, scenic views, natural habitat areas, or
historic archeological areas, buildings or features.
Natural Habitat Area means an area that is characterized by being primarily in a natural
state, with only minor evidence of disturbance from modern human activity. Natural
habitat areas may include forests, wetlands, or endangered or threatened species habitat.
Primary Zone means the buffer zone that directly impacts Bluff Creek and/or its
tributaries. The primary zone, which is generally delineated in the Bluff Creek Watershed
Natural Resources Management Plan, is intended to be preserved as permanent open
space.
Secondary Zone means the buffer zone that contains habitat areas that are valuable to the
delicate balance of the Bluff Creek ecosystem. The secondary zone, which is generally
delineated in the Bluff Creek Watershed Natural Resources Management Plan, is subject
to development limitations (bluffs, step slopes, wetlands etc.) in order to minimize the
impact of new development on the Primary Zone.
SECTION 4. Section 20-201 of the Chanhassen Code is amended by adding the
following special district:
BCO, Bluff Creek Overlay District
is SECTION 5. Section 20-106 of the Chanhassen City Code is amended by adding
subparagraph (7) to read:
(7) Within the BCO district, meet the additional purpose, intent and standards of the
BCO district.
SECTION 6. Section 20-109 of the Chanhassen City Code is amended by adding
subparagraph (7) to read:
(7) Within the BCO district, the application shall also include:
A. Identified boundaries of the Primary Zone and Secondary Zone on a
drawing depicting existing conditions and on a site plan depicting the
proposed development pattern.
B. Calculations and/or drawings that identify the allowable density (number
of units or building coverage) under the Chanhassen City Code including
lands lying in the Primary and Secondary Zone. Calculation of allowable
density shall specifically exclude lands classified as bluffs, flood plains
and designated wetlands. Calculation of allowable impervious cover may
include bluffs and flood plains but shall specifically exclude designated
wetlands.
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• SECTION 7. Section 20-110 of the Chanhassen City Code is amended by adding
subparagraph (8) to read:
(8) Within the BCO district, consistency with the purpose, intent and standards of the
BCO district.
SECTION 8. Chapter 20 of the Chanhassen City Code is amended by adding Article
XXXI to read:
ARTICLE XXXI. BLUFF CREEK OVERLAY DISTRICT
DIVISION 1, BCO DISTRICT
Section 20 - 1460 Purpose.
The Bluff Creek Watershed Area and the development within it have a major influence
on environmental quality in the City and the region. Development within the corridor must be
designed with utmost sensitivity to the environment and the development pattern must be of a
quantity and quality other than what might occur in the absence of specific standards. The
purpose of the District is to:
• (a) Protect the Bluff Creek corridor, wetlands, bluffs, and significant stands of mature trees
through the use of careful site design, protective covenants, sensitive alignment and design of
roadways and utilities, incorporation of natural features, landscaping, techniques outlined in the
City's Surface Water Management Plan, and the practices delineated in the City's Best
Management Practices Handbook.
•
(b) Encourage a development pattern that allows people and nature to mix spanning
multiple ecosystems. Development in the corridor should be ecologically designed and built
around natural features such as trees, wetlands, and bluffs. Significant natural features should
impact development rather than development impacting significant natural features. The natural
qualities of the corridor should be preserved to ensure sufficient habitat area for wildlife.
(c) Promote innovative development techniques such as cluster development and open
space subdivisions to measurably reduce the amount of impervious cover compared to traditional
development practices resulting in significant portions of a site being retained as permanent,
protected open space.
(d) Foster the creation of a greenway connecting Lake Minnewashta Regional Park and
the Minnesota River Valley. The greenway will serve as an uninterrupted pedestrian trail,
bikeway system, and wildlife corridor affording opportunities for recreation, education, physical
fitness and non -motorized transportation.
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(e) Encourage cost effective site development. Open space design practices can reduce
• infrastructure engineering and construction costs because of lot configurations, shortened streets,
and reduced utility runs Long term cost savings can also be realized by the City of Chanhassen
associated with infrastructure maintenance costs.
(f) Implement the policies and recommendations found in the Bluff Creek Watershed
Natural Resources Management Plan. The terms, definitions and appendices found in the
Management Plan are incorporated herein.
Sec. 20 - 1461 Intent.
The City intends that all development within the district including commercial, industrial and
residential uses should blend into the natural environment while protecting Bluff Creek and
sensitive land areas abutting and in the vicinity of the watercourse and its tributaries. The criteria
by which new development in the district shall be judged are as follows:
(a) Consistency with all provisions of the Comprehensive Plan which includes the Bluff
Creek Watershed Natural Resources Management Plan, as amended from time to time; the
Surface Water Management Plan; all provisions of the Zoning Ordinance and Subdivision
Ordinance not specifically overridden by the provisions of this district; and all other applicable
land use regulations.
(b) Preservation of the natural conditions found in the Primary Zone and to the greatest
• extent possible, preserving significant resources and minimizing impacts in the Secondary Zone
through cluster development and other practices which minimize the removal of vegetation,
minimize site grading, and application of practices found in the City's Best Management
Practices Handbook.
(c) Creation of a suitable balance between the amount and arrangement of open space,
landscaping, view protection, bluff protection, and vegetation protection and the design and
function of man-made features.
(d) Creation of an interconnected open space network that preserves migratory patterns for
wildlife.
(e) Creation of an interconnected open space network that provides recreational and
educational opportunities for people.
Sec. 20 —1462 District Application.
The BCO district shall be applied or superimposed (overlaid) upon all zoning districts as
contained herein as existing or amended by the text and map of this ordinance. The regulations
and requirements imposed by the BCO district shall be in addition to those established for
districts which jointly apply. Under the joint application of the districts, the more restrictive
• requirements shall apply.
Cd
• Section 20-1463 Conditional Use Permits.
A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior
to the erection or alteration of any building or land within the BCO.
Sec. 20 - 1464 Boundary Delineation.
(a) Generally. Primary and Secondary Zones shall be subject to the requirements established
herein, as well as restrictions and requirements established by other applicable city ordinances
and regulations. The Bluff Creek Watershed regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the overlay district applies.
(b) Boundaries; maps. The Primary and Secondary zones include land that is generally
defined in this article and in the Bluff Creek Watershed Natural Resources Management Plan.
Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by the
planning department. The applicant shall provide appropriate technical information, including
but not limited to, a topographical survey, flora and fauna survey and soil data deemed necessary
for the city to determine the exact watershed zone boundary. The planning director shall make a
determination to maintain the officially designated watershed zone boundary or if the boundaries
need to be corrected on city plans and maps based upon the data that is supplied. Data for
watershed zone delineation shall be generated and provided by a qualified professional
• specializing in watershed management, environmental science or other related profession. The
applicant may appeal the planning director's determination of the watershed zone boundary and
type to the city council.
Sec. 20 - 1465 Impervious Cover and Slopes.
To the greatest extent possible, all development shall minimize the amount of impervious
surface by clustering development, using common access drives and utility corridors and
minimizing building footprint size. Roads, walkways, bike trails, and parking areas must be
designed parallel to natural contours with consideration to maintaining consolidated areas of
natural topography and vegetation. Management of surface run-off caused by impervious cover
shall be designed using practices delineated in the city's Best Management Practices Handbook.
Within the Secondary Zone of the BCO district, areas with average slopes exceeding 25%
shall be preserved in their natural state and maintained as permanent open space. Areas with
average slopes less than 25% but greater than 10% shall not exceed an impervious surface
coverage of 25%. Impervious coverage for areas where average slopes are less than 10% shall be
governed by the underlying zoning district.
Sec. 20 - 1466 Bluffs.
0 Bluffs shall be preserved as provided for under Article XXVIII.
• Sec. 20 - 1467 Site Views.
Through environmentally sensitive design such as "terrain adaptive architecture" (see Figure
1.), landscaping and site planning, site views both to and from the BCW district shall be
preserved and enhanced to the greatest extent possible so as to maintain views that reflect and
protect the natural beauty of the BCO District. Special attention should be given to views that
are highly accessible to the public such as scenic overlooks, ridges and trails. Clustering of
development away from natural overlooks is encouraged.
Develop terrain -adaptive
architecture for steep slopes.
=0n steeply sloping sites, the
propsed building should step
down the hillside.
Side garage
access requires less
site disturbance.
Terrain -Adaptive Architecture
• Figure 1. `Published in APA PAS Report #466"
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Sec. 20 - 1468 Density Clustering.
Density clustering shall be allowed as a tool to facilitate cluster development within the
Bluff Creek corridor. Density clustering may be used in areas where portions of the site are
unsuitable for development because of the location of the Primary Corridor. Density clustering
shall not be allowed for areas that are otherwise considered unbuildable due to wetlands, lakes
and other areas not suitable for building purposes.
In areas where density clustering is applicable, density may be transferred to unconstrained parts
of the site within land included in the Secondary Corridor, subject to the restrictions of this
ordinance, and within land lying outside of identified corridor areas. Additionally, the following
conditions may qualify for density clustering:
a) Land slopes in the Secondary Zone that exceed 25% on average.
b) Land in the Secondary Zone containing stands of native trees.
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c) Land with suitable natural habitat to endangered or threatened species or a fragile
• ecosystem.
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Traditional Development Pattern `Designing Open Space Subdivisions, Randall Arendt"
Cluster Development `Designing Open Space Subdivisions, Randall Arendt"
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Industrial Cluster Development
Sec. 20 —1469 Standards and Guidelines for Single -Family Attached or Cluster -Home
PUDs.
Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed
• on sites designed for low, medium or high density residential uses by the City of Chanhassen
Comprehensive Plan.
Sec. 20 - 1470 Natural Habitat Preservation.
a) Natural habitat areas within the Primary Zone shall be preserved as permanent open
space. Any development that occurs shall be directly related to the continuous greenway along
the creek from the Minnesota River to Lake Minnewashta as outlined in the Bluff Creek
Watershed Natural Resources Management Plan.
b) Where possible, any disturbances of natural habitat areas within the Secondary Zone shall
be avoided. Any alterations to the natural habitat within the Secondary Zone shall adhere to the
practices delineated in the city's Best Management Practices Handbook.
Sec. 20 - 1471 Natural Habitat Restoration Plan
If natural habitat areas located within the Secondary Zone will be disturbed during any stage
of development, the applicant shall submit a detailed plan identifying the resources that will be
disturbed and a corresponding restoration and/or mitigation plan. Such restoration might include
wetland mitigation and replanting of habitat significant to endangered and threatened species.
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Sec. 20 - 1472 Open Space Requirements.
Open space shall comprise 100% of the area located within the Primary Zone. The City will
establish the boundary for the Primary Zone using data provided by the applicant.
Sec. 20 - 1473 Structure Setbacks.
All structures shall be setback a minimum of 40 feet from the Primary Zone. No disturbance
of the site shall occur within the first 20 feet of such setback.
SECTION 9. The boundaries of the district established by this chapter are delineated on the
zoning map; the map and all notations, references, and date shown thereon are hereby adopted
and made part of this chapter and will be on permanent file for public inspection at the
Chanhassen City Hall.
SECTION 10. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED on this 14th day of December, 1998, by the City Council of the
City of Chanhassen.
ATTEST:
Don Ashworth, Ci anager
Nancy Manci o, Mayor
(Published in the Chanhassen Villager on December 31, 1998)
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City of
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Bluff Creek Watersh
Watershed Boundaries
Bluff Creek Corridor
Primary Corridor
Secondary Corridor
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