C. City Code Amendments
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952,227.1170
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Phone: 952.227.1140
Fax: 952.227.1110
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Phone: 952.227,1120
Fax: 952.227,1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227,1400
Fax: 952.227.1404
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Natural Resources
Phone: 952,227.1130
Fax: 952.227,1110
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1591 Park Road
Phone: 952,227.1300
Fax: 952.227.1310
Senior Center
Phone: 952,227,1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
c
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Bob Generous, Senior Planner {jl'\ ../ '"
Sharmeen AI-Jaff, Senior Planner <::s~
DATE:
August 11, 2008
SUBJ:
City Code Amendments:
Chapter 5, Animals and Fowl
Chapter 7, Landscape Security
Chapter18, Subdivision
Chapter 19, Water, Sewers and Sewage Disposal
Chapter 20, Zoning
BACKGROUND
In anticipation of the adoption of the 2030 Comprehensive Plan, staff is preparing
an update of the City Code to coincide with its adoption. Staff has reviewed the
City Code and discovered issues, shortfalls, and general updates, and prepared
amendments to the Code. The amendments to Chapters 18 and 20 were discussed
at the June 3, June 17, and August 5,2008 Planning Commission Meetings. The
Planning Commission voted to recommend approval of the ordinances amending
Chapters 18, Subdivision, and 20, Zoning.
The intent of the work session is to review the proposed changes with the City
Council. Any modifications directed by City Council will be made and the
amendments will be placed on the August 25, 2008 agenda.
At this time, staff will be focusing on issues related to the following:
. Chapter 5 Animals and Fowl: Costs incurred due to animal impoundment;
. Chapter 7 Landscape Security: The use of escrow funds to bring the
landscaping into compliance;
. Chapter18 Subdivisions: Emergency Over Flow (EOF), custom grading,
ensure that the submittal requirements set forth in the City Code reflect what is
required from other agencies and Park dedication calculations shall be based on
buildable land;
. Chapter 19 Water, Sewers and Sewage Disposal: Safety measure from 100-
year flood event and lowest floor opening of a structure;
. Chapter 20 Zoning: Pre-application meeting, CUP/IUP violations, Required
setbacks for Planned Unit Developments (PUD), Height limitation in the
Neighborhood Business (BN) District, Buffer yard requirements, Freedom to
Breathe Provision and Drive-Thru standards.
The texts of all final ordinance amendments are shown in strike-through and bold
format.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
August 11, 2008
Page 2
DISCUSSION
CHAPTER 5 Animals and Fowl (City Council review only)
Issue: When an animal is picked up by the City and the owner cannot be located, the animal is
taken to Chanhassen Veterinary Clinic and impounded. The veterinary clinic invoices the City
for the various related charges, including needed shots and boarding fees. When the animal's
owner is located, these fees are assessed back to the owner.
Occasionally, an animal owner refuses to pay the fees. The result is that the animal remains in
impound and continues to accrue fees. The City is obligated by state law to hold the animal for
10 days, and pay all related fees, after which time it is typically put up for adoption. By
changing this ordinance, the animal's owner is made explicitly responsible for all charges and
fees associated with the impoundment and is encouraged to pick up the animal as soon as
possible. This change may also reduce the potential financial liability to the City.
Proposed Change: Amend Sections 5-19 and 5-20 as shown below.
Sec. 5-19. Running at large.
No dog or cat shall be allowed by its owner to run at large. The police or animal control officers
of the City shall take up and impound any dog or cat found at large in violation of this section.
The owner retains liability for all fees and charges related to the animal and it's impound.
Sec. 5-20. Abandonment.
No person shall abandon any dog or cat within the City. A person who chooses to abandon or
surrender their animal after impoundment retains liability for all fees and charges related
to the animal and it's impound.
CHAPTER 7 Buildings and Building Regulations (City Council review only)
Landscape security
Issue: While City ordinance provides the landscape security requirement, it does not specify the
City's ability to use the escrow to complete the landscaping requirements on a lot. The language
is similar to what is specified in the erosion and sediment control section of the ordinance (7-22).
Proposed Change: Amend Section 7-24 as shown below.
Sec. 7-24. Landscaping security.
(a) If the lot on which a certificate of occupancy for a single-family dwelling is requested, it is
subject to landscaping requirements set forth in the development contract with the City. A
certificate of occupancy shall not be issued unless the landscaping has been completed or
unless a $750.00 fee, or such other amount as determined by the City's Community
Todd Gerhardt
August 11, 2008
Page 3
Development Director, cash escrow or letter of credit is furnished to the City guaranteeing
completion within 60 days, weatht'(r permitting. If the landscaping requirements are not met
within one year of the completion deadline, the money shall be forfeited and deposited into
the City's tree planting fund.
(b) The City may use the escrow to reimburse the City for any labor or material costs it
incurs in securing compliance with the landscaping requirements. If the City draws on
the escrowed funds, no additional permits shall be issued for the lot until the pre-draw
escrow balance has been restored. The City shall endeavor to give notice to the owner
or developer before proceeding, but such notice shall not be required in an emergency
as determined by the City.
CHAPTER 18 Subdivisions (Planning Commission held a public hearing on August 5, 2008)
Data Required
Issue: In Section 18-40 (4) there are three main issues:
a) Staff recommends adding an additional safety measure to provide separation between a 100-
year overflow route and the lowest opening of an adjacent structure
b) Currently the City Code only references custom-graded lots under the as-built requirements.
Staff recommends providing clarification in the City Code regarding the acceptability of
custom-graded lots at the time of the grading plan submittal for a new development.
c) A Storm Water Pollution Prevention Plan (SWPPP) is a requirement of the Minnesota
Pollution Control Agency (MPCA). Staff is proposing the addition as a general update to
ensure that the submittal requirements set forth in the City Code reflect what is required from
other agencies.
Proposed Change: Amend Sec. 18-40 (4) d. 2. b., 18-40 (4) e. and 18-40 (4) g. as shown below.
Section 18-40 (4) Data Required, Supplementary information:
2. The preliminary and final grading plans must be 50 scale or larger. The grading plan must
comply with the following design standards as well as the requirement of Chapter 7 of the
Chanhassen City Code:
a) The lowest floor elevation must be minimum three feet above the highest known
groundwater elevation and must meet the minimum requirements set forth in subsection
20-481(e)(1).
b) If an emergency overflow route is adjacent to the property, the lowest building
opening must be minimum one foot above the emergency overflow.
~ c) The style of home (e.g., slab on grade, split entry, lookout, walkout, full basement)
must be noted on the plan.
Todd Gerhardt
August 11, 2008
Page 4
ej d) The standard lot benching detail for each proposed style of home must be shown.
6j e) Drain tile service must be provided to all properties where runoff will flow from the
back to the front of the lot.
ej f) Identify proposed soil stockpile areas and note stabilization measures that will be taken.
f) Maint€mance and repair of retaining walls, 'lIhich cross lot lines, built in conjunction
with the subdivision shall be the responsibility of the de'leloper, and upon completion
of the project, tho homeowners association. (Note, this section is included in section
18-40 (4) d.1. and is redundant)
g) Custom graded lots may be allowed subject to the City Engineer's approval.
e. If any zoning changes are contemplated, the proposed zoning shall be specified. plan for the
areas- .
f. Where the subdivider owns property adjacent to that proposed for the subdivision, a general
development plan of the remaining property depicting the possible relationships between the
proposed subdivision and the future subdivision. The plan shall address the overall land use,
traffic circulation, utility easement configurations, and general lot layouts.
g. A soil erosion and sediment control plan, as well as a copy of the Storm Water Pollution
Prevention Plan (SWPPP), as required by the Minnesota Pollution Control Agency
(MPCA) as part of the National Pollutant Discharge Elimination System (NPDES)
permitting process. The plan shall include a timing schedule and sequence of operation
indicating the anticipated starting and completion dates of the particular development
segment and the estimated time of exposure of each area prior to completion of effective
erosion and sediment control measures. Gradients of waterways, design of velocity and
erosion control measures, and landscaping of the erosion and sediment control system shall
also be shown.
h. A vegetation preservation and protection plan to provide stabilization of erosion or sediment-
producing areas.
1. Required variances.
J. Water distribution system.
k. Proposals for street lighting, curb and gutters, sidewalks and boulevard improvements.
1. Such other information as may be requested by the city.
m. Photocomposite images, artistic renderings, or site elevations which depict the visual impact
of the proposed development's design, landscaping, street layout, signage, pedestrian ways,
lighting, buildings, or other details that affect land use within the city shall be submitted.
Such images and renderings shall be from key vantage points and provide an undistorted
perspective of the proposed development from abutting properties, less intensive land uses,
and/or from entryway locations. Appropriate levels of resolution for the visualization shall be
used from flat shading for massing studies and preliminary design to photorealistic imaging
for final design.
Todd Gerhardt
August 11, 2008
Page 5
Park Land Dedication
Issue: The proposed change to the subdivision ordinance is required by 2006 legislation. The
new legislation requires park dedication requirements be calculated based on "buildable land" in
a subdivision. The law goes on to provide that the City must define the term "buildable land" in
its ordinance. The law further provides that the value of land for determining dedication
requirement must be determined "no later than at the time of final approval". This will bring this
section of the City Code into conformance with these requirements and also make some
miscellaneous wording corrections.
Staff is proposing a definition of "Buildable Land" in Chapter 1 concurrently with the City Code
updates.
Buildable Land means all land except wetlands and public waters, and land dedicated for Local,
County and State roads.
Proposed Change: Amend Sec. 18-79 as shown below.
Sec. 18-79. Park land dedication requirements.
(a) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks,
playgrounds, public open spaces and trails and/or shall make a cash contribution to the City's
park fund and trail fund as provided by this section.
(b) Land to be dedicated shall be reasonably suitable for its intended use and shall be at a
location convenient to the people to be served. Factors used in evaluating the adequacy of
proposed park and recreation areas shall include size, shape, topography, geology, hydrology,
tree cover, access and location.
(c) The park and recreation committee shall recommend to the City Council the-laftd buildable
land dedication and cash contribution requirements for proposed subdivisions.
(d) If the property being subdivided was previously subdivided, a credit will be given for similar
requirements satisfied in conjunction with the previous subdivision. Requirements will be
calculated based upon the increase in the population calculation and any change from
residential to nonresidential or nonresidential to residential.
(e) When a proposed park, playground, recreational area, school site or other public ground has
been indicated in the City's official map or comprehensive plan and is located in whole or in
part within a proposed f*at subdivision, it shall be designated as such on the plat and shall be
dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an
area in excess of the laRd buildable land required hereunder for such proposed public site,
the City may consider acquiring the site through purchase or condemnation.
(f) 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.
Todd Gerhardt
August 11, 2008
Page 6
(g) Where private open space for park and recreation purposes is provided in a proposed
subdivision, such areas may be used for credit, at the discretion of the City Council, against
the requirement of dedication for park and recreation purposes, provided the City Council
finds it is in the public interest to do so.
(h) The City, upon consideration of the particular type of development, may require larger or
lesser parcels of~ buildable land to be dedicated if the City determines that present or
future residents would require greater or lesser land for park and playground purposes.
(i) In residential plats subdivisions, one acre of taftEl buildable land shall be conveyed to the
City as an outlot by warranty deed for every 75 people the platted subdivided land could
house based upon the following population calculations:
Single-family detached dwelling per lot ...................................................................3.5 persons
Two-family dwelling per dwelling unit .................................................................... 3.0 persons
Apartment, townhouses, condominiums and other dwelling units, per bedroom..... 1.0 persons
G) In-plaffi-subdivisions other than residential plats subdivisions, either a cash donation equal to
ten percent of the fair market value of the undeveloped property or ten percent of the gross
area of land buildable land being platted subdivided or a combination thereof, shall be
conveyed to the City.
(k) In lieu of a park land donation, the City may require an equivalent cash donation based upon
average undeveloped buildable land value in the City. The cash dedication requirement
shall be established annually by the City Council.
(1) In lieu of a trail donation, trail construction, or trail easement dedication, the City may
require a cash donation for the trail system. The cash dedication requirement shall be
established annually by the City Council.
(m)The City may elect to receive a combination of cash, land, and development of the land for
park use. The fair market value of the buildable land, at the time of final subdivision
approval, the City wants and the value of the development of the land shall be calculated.
That amount shall be subtracted from the cash contribution required by subsection (k) above.
The remainder shall be the cash contribution requirement.
(n) "Pair market value" shall be determined as of the time of filing the final tHat subdivision
approval in accordance with the following:
(1) The City and the developer may agree as to the fair market value, or
(2) The fair market value may be based upon a current appraisal submitted to the City by the
subdivider at the subdivider's expense.
Todd Gerhardt
August 11, 2008
Page 7
(3) If the City disputes such appraisal the City may, at the subdivider's expense, obtain an
appraisal of the property by a qualified real estate appraiser, which appraisal shall be
conclusive evidence of tpe fair market value of the land.
(0) Planned developments with mixed land uses shall make cash and/or land contributions in
accordance with this section based upon the percentage of land devoted to the various uses.
(p) Park dedication fees shall be paid at the time of final f*at: subdivision recording.
(q) The cash contributions for parks and trails shall be deposited in either the City's park and
recreation development fund or multipurpose pedestrian trail fund and shall be used only for
park acquisition or development and trail acquisition or development.
(r) If a subdivider is unwilling or unable to make a commitment to the City as to the type of
building that will be constructed on lots in the proposed f*at: subdivision, then the land and
cash contribution requirement will be a reasonable amount as determined by the City
Council.
(s) Wetlands, ponding areas and drainage ways accepted by the City shall not be considered in
the park land and/or cash contribution to the City.
(t) Subdividers of land abutting streets that have been designated in the City's comprehensive
trail plan for the installation of a trail shall be required to dedicate the land for the trail to the
City and construct the trail. An appropriate trail fee credit shall be granted.
CHAPTER 19 Water, Sewers and Sewage Disposal (City Council review only)
Major facility design elements
Issue: Staff recommends adding an additional safety measure to provide separation between a
100-year overflow route and the lowest opening of an adjacent structure. This language was also
added in Sec. 18-40 of the City Code.
Proposed Change: Amend Sec. 19-144 (a)(1)(e) as shown below.
Sec. 19-144 (a)(1)(e). Major facility design elements.
e. An emergency overflow spillway shall be identified and designed to convey storm flows
, from events greater than the 100-year event. Extreme events (on the order of a 1O.0-inch
event) shall be analyzed to ensure the emergency overflow spillway will function as
designed. If an emergency overflow route is adjacent to the property, the lowest
building opening must be minimum one foot above the emergency overflow.
Todd Gerhardt
August 11, 2008
Page 8
CHAPTER 20 Zoning (Planning Commission held public hearings on June 17,2008 and July
15, 2008)
Administration and Enforcement
Pre-application Submittal Meeting Site Plan Review, Variance, Conditional Use and Interim
Use
Issue: Staff would like to emphasize the pre-submittal meeting with developers, homeowners,
etc. prior to their formal application submittal. The intent is to identify, discuss and resolve
many issues and/or concerns before the application is submitted and brought before the Planning
Commission and City Council. This would help alleviate development review applications that
are incomplete or that have unresolved issues that lead the Commission or Council to table
action for resolution at a staff level, only to return at the next meeting.
This is currently a requirement for Subdivisions and Planned Unit Developments. This should
be common practice for all application submittals, including Site Plan Review, Variances,
Conditional Use Permits, and Interim Use Permit applications. Staff is proposing using similar
language to the Planned Unit Development requirements to formally require these pre-
application meetings.
Prior to filing an application for a [site plan review, variance, conditional use, interim use]
the applicant shall attend a conference with City staff. The primary purpose of the
conference shall be to provide the applicant with an opportunity to gather information and
obtain guidance on the general merits of the proposal and its conformity to the provisions
of the Comprehensive Plan and the City Code before incurring substantial expense.
Proposed Change: Amend Sections 20-56 (variances), 20-109 (site plans), 20-231(conditional
use permits) and 20-321 (interim use permits) to incorporate this language.
Variance, Conditional Use and Interim Use Permit
Issue: There are some properties within the city that have obtained a Variance, Conditional Use
Permit or an Interim Use Permit recorded against a property. In some cases the property lines
are altered or subdivided years later. This poses several problems: there may be multiple
owners for the subdivided properties governed by the CUP/IUP/V AR; with the addition of the
new lot lines, thus the site plan has changes and the site may be in violation of the conditions of
approval. It is difficult to maintain the conditions of approval on a property that has been sold to
new owners who mayor may not be aware of the permits governing these sites.
Staff is proposing to add language to the Variance, Conditional Use and Interim use sections of
the city code that subdivision of the property shall deem the CUP or IUP null and void.
Todd Gerhardt
August 11, 2008
Page 9
Proposed Change:
Amend Section 20-57 (Variances) to read:
Sec. 20-57. Violations of conditions imposed upon variance; termination for nonuse.
The violation of any written condition shall constitute a violation of this chapter. It is a
condition of every variance that the property for which the permit is issued not be subdivided
or the lot lines of the property altered. A variance, except a variance approved in conjunction
with platting, shall become void within one year following issuance unless substantial action has
been taken by the petitioner in reliance thereon.
Amend Section 20-233 (Conditional Uses) by adding subparagraph "c" to read as follows:
(c) It is a condition of every conditional use permit that the property for which the permit is
issued not be subdivided or the lot lines of the property altered.
Amend Section 20-323 (Interim Use Permits) by adding subparagraph 4 to read as follows:
(4) Upon the subdivision of the property or the alteration of the lot lines of the property.
District Regulations
Issue: There are issues with the mandatory setback and buffer requirements in the Planned Unit
Development (PUD) section of the City Code. The buffer requirements are overly restrictive and
prevent implementation of other planning goals, e.g. street front retail. Staff proposes that these
setback standards be developed in conjunction with the design and approval of each project,
rather than a one-size-fits-all standard. The following is the intent for the application of the
PUD:
Sec. 20-501. Intent.
"Planned unit developments offer enhanced flexibility to develop a site through the relaxation of
most normal zoning district standards. The use of the PUD zoning also allows for a greater
variety of uses, internal transfers of density, construction phasing and a potential for lower
development costs. In exchange for this enhanced flexibility, the City has the expectation that
the development plan will result in a significantly higher quality and more sensitive proposal
than would have been the case with the use of other, more standard zoning districts." (Emphasis
added)
The above paragraph discusses the enhanced flexibility; however, the imposition of the strict
standards is contradictory to the overall intent of the PUD.
In order to maintain a basis for negotiation for setback requirements, staff proposes reducing the
minimum setback standards to allow for more flexibility. Staff will be referencing the buffer
Todd Gerhardt
August 11, 2008
Page 10
yard requirements to determine the minimum setback requirements within a PUD. The
minimum setback requirement is dependent on the adjacent land use.
Finally, staff would provide a basis or criteria for the City to either increase the required setbacks
or reduce the setbacks in order to implement community goals, e.g., affordable housing, street
front retail, enhanced public spaces, etc.
Proposed Change: Amend Section 20-505 (f) and Section 20-505 (m).
Sec. 20-505 Required General Standards
(f) The setback for an buildings within a PUD from any abutting street line shall be 30 feet for
local streets and 50 feet from railroad lines or collector or arterial streets, as designated il'l the
comprehensive plan, except that in no case shall the setback be less than the height of the
building up to a maximum of 100 feet. The setback for all buildings from exterior PUD lot
lines not abutting a public street shall be 30 feet except that in no case shall the setback be
less than the height of the building up to a maximum of 100 feet. Building and parking
setbacks from internal public streets shall be determined by the City based on characteristics
of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all
exterior lot lines of a PUD.
The setback for parking structures including decks and ramps shall be 35 feet from local
streets and 50 feet from all other street classifications except that in no case shall the setback
be less than the height of the structure. Parking structure setbacks from external lot lines
shall be 50 feet or the height of the structure, whichever is greater whei"e adjacel'lt to
residential property; 35 feet when adjacent to 1'10nresidential properties. Parking structures
setbacks from internal public or private streets shall be determined by the City based 01'1
characteristics of the specific PUD.
Where industrial uses abut developed ef platted or planned single-family lots outside the
PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall be
required in order to provide effective screening. The City Council shall make a
determination regarding the adequacy of screening proposed by the applicant. Screening
may include the use of natural topography or earth berming, existing and proposed plantings
and other features such as roadways and wetlands which provide separation of uses. PUD's
must be developed in compliance with buffer yard requirements established by the
comprehensive plan and article XXV of the Chanhassen City Code.
(m)Buffer yards. T he City Comprehensive Plan establishes a requirement for buffer yards.
Buffer yards are to be established in areas indicated on the plan where higher intensity uses
interface with low density uses and shall comply with article XXV of the Chanhassen
City Code. In these areas, a 50 foot buffer yard is to be provided where the interface occurs
along a public street, a 100 foot buffer yard is required 'Nhere the int-erface occurs on internal
lot lines.
Todd Gerhardt
August 11, 2008
Page 11
The buffer yard is not an additional setback requirement. It is to be cumulatively calculated
with the required setbacks outlined above. The full obligation to provide the buffer yard
shall be placed on the parcel containing the higher intensity use.
The buffer yard is intended to provide additional physical separation and screening for the
higher intensity use. As such, they will be required to be provided with a combination of
berming, landscaping and/or tree preservation to maximize the buffering potential. To the
extent deemed feasible by the City, new plantings shall be designed to require the minimum
of maintenance, however, such maintenance as may be required to maintain consistency with
the approved plan, shall be the obligation of the property owner.
Buffer yards shall be covered by a permanently recorded conservation easement running in
favor of the City.
In instances where existing topography and/or vegetation provide buffering satisfactory to
tho City, or '""here quality site planning is achio','ed, the City may reduce buffer yard
requirements by up to 50 percent. The applicant shall have the full burden of demonstrating
compliance with the standards herein.
Issue: BN District Height Limitation
There are two Neighborhood Business Districts in the City. The first one is located at the
southwest intersection of Highway 7 and 41. The second district is located at the southeast
intersection of Highway 5 and Great Plains Boulevard. The current ordinance limits building
height in the BN district to one story. Staff is recommending that if a site abuts a residential
district without being separated by a street, then the height of the building be limited to two
stories. If the site is separated from the residential district by a street, then a three-story building
and a maximum
height of35 feet may
be permitted.
Residential Single
Family Districts allow
three-story buildings
with a maximum
height of 35 feet. The
buffer yard
requirements in
Article XXV of the
Chanhassen City Code
will apply within the
required setbacks.
The City has issued a
variance to permit the
development of three-
story buildings in the
BN district to permit
\
I
I
___J
Todd Gerhardt
August 11, 2008
Page 12
the Park Nicollet Clinic. Multi-story buildings are generally reserved for office and service type
buildings. Retail operations tend to be one story.
Proposed Change: Amend section 20-695 (7) as follows:
(7) The maximum height is as follows:
a. For the principal structure, one story two stories when it abuts a residential district
without being separated by a street, and three stories with a maximum height of 35
feet when separated by a street.
b. For accessory structures, one story.
Issue: Buffer yards in commercial or industrial districts
The current ordinance requires an excessive buffer yard in addition to a setback in all
commercial districts. The original criterion was created to buffer residential districts from
industrial sites. In 1993, the Planning Commission recommended the amendment of the
ordinance in all commercial districts as well as the industrial districts to increase the buffer. A
buffer is intended to provide a separation as well as visual protection from a higher use.
Staff has been encountering situations where this added buffer serves no practical purpose nor
does it serve its intent. This requirement leads to a variance request in which a hardship must
exist. There are other means in providing adequate buffering that can be much more efficient
and effective than a mandatory buffer area. For example, the City has a landscaping buffer yard
requirement under the landscaping section of the City Code which can be part of the required
setback area.
Staff is also proposing to increase the required setback for industrial uses abutting residential
from 50 feet to 100 feet.
Proposed Change: Amend Sections 20-695 (8) e Lot requirements and setbacks in the BN
District, 20-715 (8) e Lot requirements and setbacks in the BH District, 20-755 (7) e Lot
requirements and setbacks in the BG District, 20-774 (7) e Lot requirements and setbacks in the
BF District, and 20-815 (7) e Lot requirements and setbacks in the lOP District.
Neighborhood Business District, BN, Highway and Business Services District, BH, and
General Business District, BG
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer
yards are to be established in areas indicated on the plan where higher intensity uses interface
with low density uses and shall comply with article XXV of the Chanhassen City Code.
In these ai"eas, a 50 foot buffer yard is to be provided v:here the interface occurs along a
public street, a 100 foot buffer yard is required where the interface occurs on intemallot
li:fle&;-
Todd Gerhardt
August 11, 2008
Page 13
The buffer yard is not an additional setback requirement. It is to be cumulatively calculated
with the required setbacks outlined above. The full obligation to provide the buffer yard shall
be placed on the parcel containing the higher intensity use.
The buffer yard is intended to provide additional physical separation and screening for the
higher intensity use. As such, they will be required to be provided with a combination of
berming, landscaping and/or tree preservation to maximize the buffering potential. To the
extent deemed feasible by the city, new plantings shall be designed to require the minimum
of maintenance, however, such maintenance as may be required to maintain consistency with
the approved plan, shall be the obligation of the property owner.
Buffer yards shall be co"'ered by a permanently recorded conservation easement running in
favor of the city.
In iflstances where existing topography afldlor vegetation provide buffering satisfactory to
the city, or '.vhere quality site planning is achieved, the city may reduce buffer yard
requirements by up to 50 percent. The applicant shall haye the full burden of demonstrating
compliance with the standards herein.
Industrial Office Park District, lOP
Amend Section 20-815 (7) d.:
d. The minimum setback is ~ 100 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right-of-way.
In instances where existing topography and/or vegetation provide buffering satisfactory
to the city, or where quality site planning is achieved, the city may reduce setback
requirements by up to 50 percent. The applicant shall have the full burden of
demonstrating that there is sufficient separation and screening for the higher intensity
use.
General Supplementals
Issue: The Freedom to Breathe Provision was passed by Legislature on May 12, 2007, signed
into law on May 16,2007, and became effective state wide on October 1, 2007. The purpose of
the Freedom to Breathe Provision is to protect employees and the general public from the
hazards of secondhand smoke by prohibiting smoking in public places, places of employment,
public transportation, and at public meetings.
As a result of the Freedom to Breathe Provision, local establishments that want to create outdoor
smoking shelters to accommodate their patrons have contacted the City regarding our standards.
Rather than create ordinance standards for smoking shelters, City Council directed staff to
reference the Freedom to Breathe Provision in the Accessory Structures section of City Code. In
addition, the City will provide a handout regarding the Freedom to Breathe Provision which will
Todd Gerhardt
August 11, 2008
Page 14
be will be available at City Hall. All accessory structures must receive a building or zoning
permit prior to construction.
Staff proposes reference to the Freedom to Breathe Provision under the Accessory Structure
section of the City Code as it relates to "smoking structures".
Staff is proposing definitions in Chapter 1 relating to the Freedom to Breathe Provision in
conjunction with the proposed changes to the Accessory Structures.
Indoor Area means all space between a floor and a ceiling that is bound by walls, doorways, or
windows, whether open or closed. A wall, for the purpose of smoking shelters, includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent.
Public Transportation means public means of transportation, including light and commuter rail
transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles
other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public
transportation terminals.
Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other
lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe,
or any other lighted smoking tobacco or plant product equipment intended for inhalation.
Proposed Change: Amend section 20-904 to add (d) as shown below.
Sec. 20-904. Accessory structures.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor
Air Act contained in M.S. ch. 1144.411 to 144.417.
Drive- Thru Standards
Issue: The use of drive-thru facilities is extending beyond fast food restaurants and banks.
Current standards only address bank drive-thru windows.
Discussion: Staff is proposing creating standards that would regulate drive-thru facilities. These
standards would apply to all drive-thru windows throughout the City. The drive-thru facility will
be evaluated through the Site Plan Permit process. If an existing building is converted to a bank
or other use requiring a drive-thru, then the conversion will be processed administratively subject
to compliance with the standards. The proposed changes establish the performance standards.
Staff will be recommending some future zoning changes within commercial districts to allow
limited use of drive-thru facilities.
PROPOSED CHANGE: Delete Section 20-292. Add Section 20-965 (Performance Standards)
Sec. 20-292. Drive through baRk facilities.
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August 11, 2008
Page 15
Drive through bank facilities and stacking areas shall be subject to the follov/ing requirements:
(1) They shall not be located adjacent to any residential lot lines.
(2) They shall be provided with a suitable yisual screen from adjacent properties.
(3) StacIrJng for six cars per aislo shall be provided within applicable parking lot setbacks
Section 20-965. Drive-thru facilities
Drive-thru facilities for any use shall comply with the following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
(e) The City may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(f) Stacking areas shall not interfere with vehicular circulation in the parking lot nor encroach
into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
RECOMMENDA TION
Staff requests that the City council review the proposed City Code amendments and provide
comments or direction.
g:\plan\city code\2008 code update\cc work session memo 8-11-08.doc