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Ordinance 369CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.369 AN ORDINANCE AMENDING CHAPTER 18 OF CHANHASSEN CITY CODE, SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Chapter 18, Article I, Section 18-1 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 2. Chapter 18, Section 18-37 (a) of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 3. Section 18-37 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city council may approve a metes and bounds subdivision of a lot into two (2) lots if both resulting lots meet the minimum requirements of the zoning ordinance and abut a public or private street. To the extent possible, the new boundary line shall be parallel to • a previously existing lot line. The city council shall hold a public hearing on the proposed subdivision after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a proposed development notification sign has been erected on the subject property by the applicant, both at least ten (10) days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record within five hundred (500) feet of the outer boundaries of the subdivision. Failure to post a proposed development notification sign or to give notice or defects in the notice shall not affect the validity of the proceedings. At least three (3) weeks prior to the hearing the applicant shall submit to the city: a. A survey (prepared and signed by a registered land surveyor); b. A list of property owners within five hundred (500) feet of the boundaries of the parcel to be subdivided; c. Except as waived by the city, all information required for plats. Section 4. Section 18-39 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: After the pre -application consultation and at least thirty (30) days prior to the meeting of the planning commission at which action is desired, the applicant may file with the city • an application for preliminary plat approval. The application shall be accompanied by copies of the plat in such number as required by the city, an eight and one -half -by -eleven - inch reduction of each sheet, proof of ownership satisfactory to the city, and a list of property owners within five hundred (500) feet of the property certified by an abstract company. The applicant shall pay the application fee established by city council resolution. All required data, documentation plans, copies and fees must be submitted before the application will be considered complete. Rejection of the plat by the city council, or abandonment or withdrawal of the proposed plat by the subdivider, shall not entitle the applicant to the return of all or any part of the application fee. Section 5. Section 18-39 (c) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The planning commission shall hold a public hearing on the preliminary plat after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a proposed development notification sign has been erected on the subject property by the applicant, both at least ten (10) days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record within five hundred (500) feet of the outer boundaries of the preliminary plat. Failure to post a proposed development notification sign or to give notice or defects in the notice shall not affect the validity of the proceedings. The community development director may require an expanded mailing list for sites fronting on lakeshore where the development would be visible over a larger area. The applicant is responsible for meeting with affected homeowners. • Section 6. Section 18-39 (f) (7) c. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Lack of adequate sanitary sewer systems or no ISTS (individual sewage treatment system). Section 7. Section 18-40 (2) f. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Topographic data within the property to be subdivided and one hundred (100) feet beyond the property boundary, showing contours as follows: two -foot intervals where slope is ten (10) percent or less; five-foot intervals where slope is ten (10) to fifteen (15) percent; ten -foot intervals where slope is greater than fifteen (15) percent. All areas of the subdivision to be platted with a slope greater than twenty-five percent must be clearly indicated. However, on undevelopable sections or larger acre lots topographic data may be reduced to significant physical characteristics, such as top and toe of slope, if in the opinion of the city the area is viewed as unsuitable for future subdivision. Location and elevations of on -site and abutting water courses, lakes, wetlands, rivers, streams, and marshes at date of survey and their ordinary high water mark plus approximate high and normal water elevations shall also be shown. A wetland delineation report and surveyed wetland line for all jurisdictional wetlands • on or within one hundred (100) feet of the property boundary shall be submitted. The delineation shall be no more than three (3) years old, unless accompanied by • documentation demonstrating the delineation has been reviewed in the past three (3) years and is accurate or revised to reflect changes on -site. Flood plain areas, location of wooded areas, rocky outcrops, power transmission poles and lines and other significant physical features shall also be shown. Section 8. Section 18-40 (4) c. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unaltered areas where storm water collects and percolates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff, the path of all storm water discharge to the public storm water infrastructure and those areas where storm water will collect and percolate into the ground shall also be included. Storm water management shall be consistent with the city's surface water management plan. Section 9. Section 18-41 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Unless otherwise provided in the development contract for phased development, within one (1) year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the • application the subdivider shall submit: (1) Copies of the plat in such quantities as is required by the city; (2) Two (2) mylar copies of the plat; (3) One (1) two hundred (200) scale copy of the plat. (4) 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers and a digital copy in .dxf format (the .dxf file must be tied to the current county coordinate system), and a digital copy in .tif format of the final plat shall be submitted. If the final plat application is not filed within this period, the preliminary plat will be considered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the city council prior to the one-year anniversary date of the preliminary plat approval. The application for final plat approval shall be filed at least twenty-one (21) days prior to the meeting of the city council at which action is desired. (b) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary plat as modified during final plat approval. is (c) The city council shall review the final plat and shall approve or disapprove it within • sixty (60) days of receipt of the completed application. (d) No final plat shall be recorded by the city until the plat is in a form acceptable for recording with the county, the proper filing fees have been paid to the city, a development contract has been signed, appropriate security has been furnished, and no other payments to the city related to the development are outstanding. (e) Upon approval of the final plat by the city council, the city shall notify the applicant of the approval and within thirty (30) days thereafter, the applicant or the city attorney shall file the final plat with the county recorder and furnish the city evidence of such recording. Failure of the applicant to comply shall be cause for revoking the city's approval. f) The developer shall pay the city a fee established by city council to reimburse the city for the cost of updating the city's base maps and geographic information systems (GIS) data base files and converting the plat and record drawings into an electronic format. Section 10. Section 18-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The proposed subdivision shall conform to the comprehensive plan, the design standards, • and Chapter 20 of the City Code. The design standards set forth in this article are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. is Section 11. Section 18-57 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: b) Street right-of-way widths shall be consistent with the comprehensive plan and official map, and shall conform to county and state standards for trunk highways. If no such plans or standards are applicable, right-of-way and pavement widths shall not be less than the following: Street Classifications Right -of -Way Widths (feet) Roadway/Pavement Width (feet) Minor arterial 100 36 Collector 80 36 Local street (rural residential) 60 24 Local street (urban residential) 60 31 Local street (commercial/industrial) 60 36 Cul-de-sac, turnaround radius (urban/residential) 60 45.5 4 • Cul-de-sac, turnaround radius 60 40 (rural residential) Cul-de-sac, turnaround radius 60 48 (commerc iaUindustrial) Private Street (Residential Serving 30 20 A-2, RR, RSF, R-4) Private Street (Residential Serving 40 24 R-8, R-12, R-16) Private Street 40 26 (commerc iaUindustrial) Section 12. Section 18-78 (b) (5) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sidewalks may be required. The following criteria shall be used in determining if sidewalks are to be included in a development: a. Sidewalks that connect to existing sidewalks within adjacent developed areas. b. Sidewalks that connect neighborhoods to adjacent schools, parks and neighborhood commercial areas. c. Sidewalks that connect neighborhoods to existing neighborhoods, within adjacent developed areas, and proposed trails as shown in the City of Chanhassen Comprehensive plan. d. Sidewalks that are located in residential areas with long blocks or many • dwelling units on the street(s), or commercial or industrial areas. Section 13. Section 18-79 (f) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Land area conveyed or dedicated to the city shall not be used in calculating density requirements of Chapter 20 and shall be in addition to and not in lieu of open space requirements for planned unit developments. Section 14. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 23rd day of February, 2004, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, M Aor= 0 (Summary Ordinance Published in the Chanhassen Villager on March 18, 2004.) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA CORRECTED SUMMARY OF ORDINANCE NO. 369 AN ORDINANCE AMENDING CHAPTER 18 OF THE CHANHASSEN CITY CODE, SUBDIVISIONS This summary ordinance replaces the incorrect version that was previously published on March 18, 2004 in the Chanhassen Villager. The purpose of this code amendment is to delete definitions which are consolidated in Chapter 1 of the City Code; delete confusing exemptions provisions; eliminate the distinction between metes and bounds subdivisions in the urban service; require plan submittals 30 days prior to the public hearing; require submittal of a wetland delineation report with the preliminary plat and show the path of storm water discharge to public storm water infrastructure; require submittal of 1 "=200' mylar final plats and digital formatted final plats; require final plat documents be submitted 21 days prior to the city council hearing; specify street pavement widths that are consistent with the city's detail plates; and provide criteria for the inclusion of sidewalks as part of a plat. A printed copy of Ordinance No. 369 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 23rd day of February, 2004, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Todd Gerhardt, City Manager/Clerk (Summary Ordinance Published in the Chanhassen Villager on March 25, 2004). Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) CITY OF CHANHASSEN Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized CARVER AND HENNEPIN agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- COUNTIES; MINNESOTA lager and hs full knowledge of te ts herein stated as follows: SUMMARY OF ORDINANCE NO. g g 369 AN ORDINANCE AMENDING (A) These newspapers have complied with the requirements constituting qualification as a legal CHAPTER 18 newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as OF THE CHANHASSEN CITY amended. CODE, SUBDIVISIONS (B) The printed public notice that is attached to this Affidavit and identified as No. -�//O�)- The purpose of this code amendment is to clarify minimum was published on the date or dates and in the newspaper stated in the attached Notice and said front yard landscaping requirements, Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of prohibit the burning of trees on site; the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both specify sanctions for the removal of inclusive, and is hereby acknowledged as being the kind and size of type used in the composition trees prior to city approval of the and publication of the Notice: plans; requires that trees six inches and larger shall be located on the tree abcdefghijklmnopqrstuvwxyz survey; add that bluff areas are excluded from canopy coverage area calculations; delete woodland✓�� �� management plan requirements; clarify that the tree removal - Laurie A. Hartmann calculations shall include the front 105 feet of a lot; institute a fine of $300.00 per diameter inch for protected trees that are removed or Subscribed and sworn before me on damaged as part of site construction. A printed copy of Ordinance No. 369 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. this day of 04 �N M. RADUENZ PASSED, ADOPTED, AND G1N APPROVED FOR PUBLICATION Y NOTARY PUBLIC MINNESOTA this 23rd day of February, 2004, by the My Commission &pjn36 Jan. 31, 2005 City Council ofthe City ofChanhassen. CITY OF CHANHASSEN Todd Gerhardt, City Manager/ Clerk Notary Public (Published in the Chanhassen Villager on Thursday, March 18, 2004; No. 4122) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter ............................................... $10.85 per column inch CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 369 AN ORDINANCE AMENDING CHAPTER 18 OF THE CHANHASSEN CITY CODE, SUBDIVISIONS The purpose of this code amendment is to delete definitions which are consolidated in Chapter 1 of the City Code; delete confusing exemptions provisions; eliminate the distinction between metes and bounds subdivisions in the urban service; require plan submittals 30 days prior to the public hearing; require submittal of a wetland delineation report with the preliminary plat and show the path of storm water discharge to public storm water infrastructure; require submittal of 1 "=200' mylar final plats and digital formatted final plats; require final plat documents be submitted 21 days prior to the city council hearing; specify street pavement widths that are consistent with the city's detail plates; and provide criteria for the inclusion of sidewalks as part of a plat. A printed copy of Ordinance No. 369 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 23rd day of February, 2004, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN Todd Gerhardt, City Manager/Clerk (Summary Ordinance Published in the Chanhassen Villager on March 18, 2004).