Ordinance 432CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.432
AN ORDINANCE AMENDING CHAPTER 18,
CHANHASSEN CITY CODE,
SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. 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 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, an
electronic format file of the plans, and proof of ownership satisfactory to the city. A list of
property owners within 500 feet of the property will be prepared by the City. The applicant shall
pay the application fee established by city council. 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 2. 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, both at least ten days before the date of hearing. Written notice shall also be mailed by
the city to the applicant and all owners of record within 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 3. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 18-40 (4) d (1) (f), which shall read as follows:
Maintenance and repair of retaining walls, which cross lot lines, built in conjunction with the
subdivision shall be the responsibility of the developer, and upon completion of the project, the
homeowners association.
Section 4. 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, both at
least ten days before the date of hearing. Written notice shall also be mailed by the city to the
applicant and all owners of record within 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 5. Section 18-57 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Streets
(a) Streets shall be dedicated on the plat to the public. The location and design of streets shall
consider existing and planned streets, reasonable traffic circulation, topographic conditions,
runoff of stormwater, public convenience and safety and the proposed land uses of property to be
served.
(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
Cul-de-sac, turnaround radius (rural residential)
60
40
Cul-de-sac, turnaround radius (commercial/industrial)
60
48
Private Street (residential serving A-2, RR, RSF, R-4,
RLM(when less than 4 units per acre)
30
20
Private Street (residential serving RLM (when equal to or greater
than 4 units per acre), R-8, R-12, R-16)
40
24
Private Street (commercial/industrial)
40
26
2
(c) Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed
by the intersection of two streets be less than 60 degrees. Intersections having more than
four corners are prohibited.
(d) A tangent of at least 300 feet shall be introduced between reverse curves on arterial and
collector streets.
(e) When connecting street lines deflect from each other at one point by more than ten degrees
they shall be connected by a curve with a radius adequate to ensure a sight distance within
the right-of-way of not less than 500 feet for arterials, 300 feet for collectors, and 100 feet for
all other streets.
(f) Proper design shall consider required turning radius of vehicles for access points or entrances
to and from a highway using standards adopted by the state department of transportation.
(g) All centerline grades shall be at least five -tenths (.5) percent and shall not exceed five
percent, for arterials and seven percent for all other streets and alleys. Whenever possible,
grades within 30 feet of intersections or railroad crossings shall not exceed three percent.
(h) Different connecting street grades shall be connected with vertical curves. Minimum length,
in feet, of the vertical curves shall be 20 times the algebraic difference in the percentage of
grade of the two adjacent slopes.
(i) Local streets shall have a centerline offset of not less than 300 feet. Offset intersections shall
be avoided.
0) The alignment shall discourage through traffic.
(k) The maximum length of a street terminating in a cul-de-sac shall be 800 feet. The length of
the cul-de-sac shall be measured from the intersection of the centerlines of the cul-de-sac to
• the intersecting street to the center point of the cul-de-sac
(1) Where a proposed subdivision is adjacent to a limited access highway, arterial or collector
street, there shall be no direct vehicular or pedestrian access from individual lots to such
highways or streets. To the extent feasible access to arterial streets shall be at intervals of not
less than one-fourth mile and through existing and established crossroads. Access along
collector streets will be restricted and controlled on the final plat.
(m)Half streets shall be prohibited except where it will be practical to require the dedication of
the other half when the adjoining property is subdivided, in which case the dedication of a
half street may be permitted or required. The probable length of time elapsing before
dedication of the remainder shall be a factor considered in making this determination.
(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 is prohibited
except as specified in subsection 18-57(p).
(o) Private streets may be permitted in business, industrial, office, RLM (when equal to or
greater than four units per acre), R-8, R-12, and R-16 if the city finds the following
conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to constrict 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.
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• (3) The use of a private street will permit enhanced protection of the city's natural resources
including wetlands and forested areas.
(p) Private street standards. If the use of a private street is to be allowed, it shall be subject to the
following standards:
(1) The common sections of a private street serving two units or more in the A-2, RR, RSF,
R4, and RLM (when less than four units per acre) districts must be built to a seven -ton
design, paved to a width of 20 feet, utilize a maximum grade of ten percent, and provide a
turnaround area acceptable to the fire marshal based upon guidelines provided by
applicable fire codes. Private streets serving RLM (when equal to or greater than four
units per acre), R-8, R-12, and R-16, shall be built to a seven -ton design, paved a
minimum width of 24 feet, utilize a maximum grade of ten percent, 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 nine -ton design, paved a
minimum width of 26 feet, utilize a maximum grade of ten percent, 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 private street, 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 24 hours of a
snowfall greater than two inches. Covenants concerning maintenance shall be filed
against all benefiting 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 M.S. § 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 ten-year storm should be
included. In the RLM (when equal to or greater than four units per acre), 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, specific building orientation, increased setbacks, 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, R-4 and RLM (when less than four units per acre)
districts, must be located within a strip of property at least 30 feet wide extending out to
the public right-of-way or covered by a 30-foot wide easement that is permanently
recorded over all benefited and impacted parcels. Neither the area within the easement
for the private street nor the impervious surface of the private street shall be included
within the calculation of the lot area or lot coverage of the lot in which the easement is
located. Once the private street terminates, the area of the easement and impervious
surface of the driveway shall be included in the calculation of lot area and lot coverage
for the lot.
(8) Private streets serving RLM (when equal to or greater than four units per acre), R-8, R-
12, R-16, business, industrial, and office districts, must be located within a strip of
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• property at least 40 feet wide extending out to the public right-of-way or covered by a 40-
foot wide easement that is permanently recorded over all benefited and impacted parcels.
Both the area and the impervious surface of the easement and private street shall be
included in the calculation of lot area and lot coverage of the lot in which the easement is
located.
(9) Maintenance and repair of private utilities located within the private street shall be the
responsibility of the benefiting property.
(q) Private reserve strips controlling public access to streets shall be prohibited.
(r) Flag lots may be permitted in the A2, RR, RSF and R4 districts if the criteria in variance
section 18-22 are met and upon consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public/private 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 or a
private 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 flag lot will permit enhanced protection of the city's natural resources,
including wetlands and protected areas.
(s) Private streets serving up to four lots may be permitted in the A2, RR, RSF, R4 and RLM
(when less than four units per acre) districts if the criteria in variance section 18-22 are met
and upon consideration of the following:
(1) 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 protected areas.
(t), Temporary cul-de-sacs must be constructed at all locations where a street stub will be
constructed and will be extended in the future. The temporary cul-de-sac must be 90 feet in
diameter and lie within platted right-of-way or easement. The developer must submit an
escrow for the cost of removing the temporary cul-de-sac and vacating the easement (if
applicable).
Section 6. Section 18-61 (d) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following standards shall be used in evaluating subdivisions and site plans:
(1) It is a policy of the City of Chanhassen to protect the integrity of the natural environment
through the preservation, protection, and planting of trees. The city finds that trees
provide many benefits including: stabilization of the soil by the prevention of erosion and
sedimentation, reduction of storm water runoff and the costs associated therewith,
improvement of air quality, reduction of noise pollution, control of urban heat island
effect, protection and increase of property values, protection of privacy, energy
conservation through natural insulation, control of drainage and restoration of denuded
5
•
soil subsequent to construction and grading, protection from severe weather, providing
habitat for birds and other wildlife, conservation and enhancement of city's physical and
aesthetic environment, reforestation of open lands, and general protection and
enhancement of the quality of life and general welfare of the city. It is therefore the
purpose of this section to provide regulations related to the cutting, removal, or killing of
trees on construction and development sites and to ensure the protection and preservation
of the natural environment and beauty of the City of Chanhassen.
(2) Prior to the submittal of development plans, a tree survey of the site shall be prepared by
a registered landscape architect, licensed forester, or other professional approved by the
city. This survey shall include the species, DBH size, condition, location of all trees over
ten inches in diameter and any damaged or diseased trees on site. All significant special,
damaged or diseased trees shall be tagged and identified by number on the survey. A
delineation of the existing canopy coverage area(s) which outlines all areas covered by
tree canopy shall be included as part of the survey. Additionally, all damaged and
diseased trees shall be cataloged with the nature and extent of any damage or disease
specified.
a. Based on this survey and either site observation and measurement or a current aerial
photograph (taken within one (1) year of the date of plan submittal) interpretation, the
following shall be calculated:
1. Base line canopy coverage.
2. Minimum canopy coverage requirements.
b. The following table shall be used to determine the minimum amount of canopy
coverage that must be maintained or provided on -site as part of the development. It
shall represent the minimum canopy coverage, consisting of existing tree canopy
and/or additional trees required for the site. Existing wetland areas located on site
shall be excluded from the calculation of site area in the determination of site
coverage. If a forested area is to be dedicated to the city for park land, then this area
shall not be included in the base line canopy coverage area calculation nor shall it
count towards the minimum canopy coverage for the site.
Base Line Canopy Coverage Per Acre
Comprehensive Plan Designation
80--
100%
60--79%
40--59%
20--39%
19% or
less
Commercial/industrial/institutional
28%
25%
20%
14%
10%
High density residential
35%
30%
25%
20%
15%
Medium density residential
40%
35%
30%
25%
20%
Low density residential
55%
46%
35%
30%
25%
Large lot residential
68%
56%
43%
35%
25%
E
Base line canopy coverage is the canopy coverage existing at the time the
development application is filed with the city. Minimum canopy coverage is
determined by using the matrix.
c. Priority shall be given to retaining stands of trees and undisturbed wooded lands over
individual specimen trees that will be incorporated into the development. No more
than ten (10) percent of the canopy retention requirement may be met by an
individual tree that is not included within a designated woodland area.
d. For developments that do not meet the minimum canopy coverage, the developer
shall be required to develop a forestation plan to bring the total canopy coverage up to
the minimum requirement. Where existing woodlands are removed or there is a loss
of trees that would otherwise be used to meet the canopy coverage retention
requirement, the developer shall develop a woodland replacement plan. The
replacement plan must designate an area at least one and two -tenths (1.2) times the
removed canopy coverage area that shall be planted with replacement trees for those
removed. These plans shall locate additional trees either as a continuation of existing
stands of trees that are to be preserved or create new stands of trees in desirable
locations such as along roadway corridors, on the north and west perimeters of the
development, in common open areas, or adjacent to park facilities.
e. The following criteria shall be followed in establishing minimum canopy coverage:
• 1. When planting trees, one (1) tree shall be deemed to provide one thousand eighty-
nine (1,089) square feet of required canopy coverage;
2. Trees must be from the approved list of desirable species (preference given for
trees designated as native);
3. No more than one-third (1/3) of the trees may be from any one (1) tree species;
4. Trees shall average at least two -and -one -half -inch caliper and may be a minimum
of one -and -one -half -inch caliper;
5. Not less than twenty (20) percent of the trees shall be conifers;
6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6) feet in
height;
7. Plant materials used for the reforestation shall be of a similar species as
vegetation found on site;
8. Trees shall be used that are appropriate to the soil conditions found on site; and
9. Trees shall be from certified nursery stock as defined and controlled by Minnesota
Statute sections 18.44 through 18.61, the Plant Pest Act.
10. Not less than seventy-five percent of the total trees required shall be overstory
species.
Section 7. Section 18-78 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Prior to the city signing the final plat and prior to the construction of any improvements or site
grading, the developer shall provide the city with a letter of credit or cash escrow to insure that
all improvements required by this chapter will be installed and paid for at no city expense. For
improvements to be installed by the developer, the developer is obligated to install and complete
all such improvements at his or her own expense and under the supervision and inspection of the
7
city. For improvements which the city agrees to install, the developer shall pay the cost of such
improvements through payment of special assessments. As security to the city for installation of
the improvements or the payment of special assessments, the developer shall be required to file a
cash escrow or letter of credit in an amount and form acceptable to the city to cover the cost of
all improvements and special assessments.
Section 8. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 25`h day of September, 2006, by the City Council of the
City of C hassen, Minnesota
T dd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Summary Ordinance published in the Chanhassen Villager on October 5, 2006)
0
0 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.432, AN ORDINANCE
AMENDING CHAPTER 18 OF THE CHANHASSEN CITY CODE
SUBDIVISIONS.
The purpose of this code amendment is to amend Chapter 18, Subdivision, to clarify
electronic format submittal requirements and that the city will prepare the mailing list and install the
notification sign; to add maintenance responsibility to retaining walls built in conjunction with a
subdivision; to add the RLM district to the standards for streets and private streets; to clarify when
the area of a private street will be included in lot area and lot coverage calculations; to require that
75% of the replacement trees be overstory species; and to include site grading as an improvement
that first requires the developer to provide a letter of credit or cash escrow before beginning.
A printed copy of Ordinance No. 432 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 251' day of
September, 2006, by the City Council of the City of Chanhassen.
•
(Published in the Chanhassen Villager on October 5, 2006)
0
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
432, AN ORDINANCE
AMENDING CHAPTER 18 OF THE
CHANHASSEN CITY CODE
SUBDIVISIONS.
The purpose of this code
amendment is to amend Chapter 18,
Subdivision, to clarify electronic
format submittal requirements and
that the city will prepare the mailing
list and install the notification sign;
to add maintenance responsibility
to retaining walls built in conjunction
with a subdivision; to add the RLM
district to the standards for streets
and private streets; to clarify when
the area of a private street will be
included in lot area and lot coverage
calculations; to require that 75 % of
the replacement trees be overstory
species; and to include site grading
as an improvement that firstrequires
the developer to provide a letter of
credit or cash escrow before
beginning.
A printed copy of Ordinance No.
432 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 251' day of September, 2006, by
the City Council of the City of
Chanhassen.
(Published in the Chanhassen V illager
on Thursday, October 5, 2006; No.
4753)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have 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 No.
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 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:
abcdefghij klmnopgrstuvwxyz
Laurie A. Hartmann
Subscribed and sworn before me on
this day of , 2006
G`NEN M. RADUENZ
NOTARY PUSLlC - MINNESOTA
My Commission Expires Jan. 31, 2010
ti
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch
Maximum rate allowed by law for the above matter ................................ $40.00 per column inch
Rate actually charged for the above matter ............................................... $11.51 per column inch