1g. Approve Amendments to Chapters 5, 7, 18 & 19 of City Code
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
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.2271404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
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
MEMORANDUM
~
TO:
Todd Gerhardt, City Manager
FROM:
Planning Department
DATE:
6\!2{ ,
August 25, 2008
SUBJ:
City Code Amendments:
· Chapter 5, Animals and Fowl
· Chapter 7, Landscape Security
· Chapter 18, Subdivisions
· Chapter 19, Water, Sewers and Sewage Disposal
PROPOSED MOTIONS:
"The Chanhassen City Council adopts the attached ordinances amending Chapters 5,
7, 18 and 19 of the Chanhassen City Code." (Approval of this item requires a simple
majority vote.)
And
"The Chanhassen City Council approves the Summary Ordinance for Publication
Purposes." (Approval of this item requires a 4/5 vote.)
BACKGROUND
The Planning Commission held a public hearing on the attached 'ordinance .
amendments to Chapter 18, Subdivisions, on August 5,2008, at which time they
voted unanimously to recommend approval to the City Council. The amendments
went before the City Council at a work session on August 11,2008. The City
Council did not make any changes to the proposed amendments at that time.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council adopt the
following motions:
"The Chanhassen City Council adopts the attached ordinances amending Chapters 5,
7,18 and 19 of the Chanhassen City Code."
And
"The City Council approves the attached summary ordinance for publication."
The City 01 Chanhassen . A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
City Code Amendments
August 25, 2008
Page 2
ATTACHMENTS
1. Ordinance Amending Chapter 5, Animals and Fowl.
2. Ordinance Amending Chapter 7, Landscape Security.
3. Ordinance Amending Chapter 18, Subdivisions.
4. Ordinance Amending Chapter 19, Water, Sewers and Sewage Disposal.
5. Chapter 18 Summary Ordinance for Publication Purposes.
6. Staff report dated August 11,2008 - REVISED.
g:\plan\city code\2008 code update\cc memo 8-25-08.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5
CHANHASSEN CITY CODE
ANIMALS AND FOWL
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. The City Code, City ofChanhassen, Minnesota, is hereby amended Section 5~19, to
read as follows:
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.
Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended Section 5-20, to
read as follows:
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.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this _ day of , 2008, by the City
Council of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 7
CHANHASSEN CITY CODE
BUILDINGS AND BUILDING REGULATIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended Section 7-24, to
read as follows:
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
Development Director, cash escrow or letter of credit is furnished to the City guaranteeing
completion within 60 days, weather 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.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this _ day of , 2008, by the City
Council of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18 OF THE
CHANHASSEN CITY CODE
SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. Section 18-40 (4) Supplementary infonnation of the Chanhassen City Code is
hereby amended to read as follows:
a. Statement of the proposed use of lots stating type of buildings with number of proposed
dwelling units or type of business or industry to reveal the effect of the proposed
development on traffic, fire hazards, and density of population.
b. Any proposed protective covenants.
c. A drainage plan for the area indicating the direction and rate of natural stormwater runoff
and those unaltered areas where stormwater 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 stormwater discharge to the public stormwater infrastructure and those
areas where stormwater will collect and percolate into the ground shall also be included.
Stormwater management shall be consistent with the City's surface water management
plan.
d. A proposed grading plan shown at contour intervals appropriate to the topography or spot
elevations indicating the relationship of proposed changes to existing topography and
remaining features.
1. All proposed retaining walls must be shown on the plan. The top and bottom
elevations of the wall must be noted.
a) The design shall comply with the Minnesota Department of Transportation
(MnDOT) standards for retaining walls.
b) Retaining walls over six (6) feet in height located within 10 feet of any public
way (sidewalk, street, trail, alley, etc.) shall have have a fence or other barrier,
such as a berm or landscaping, to impede access to the retaining wall when the
public way is adjacent to the top of the retaining wall.
1
c) Fences or berms shall be installed no closer than 18 inches from a sidewalk or
trail.
d) Landscaping between staged retaining walls should be low or no maintenance.
e) The following materials are prohibited: smooth face concrete (poured in place),
however, stamped or patterned concrete face may be acceptable, masonry
(mortared), railroad ties, and timber.
f) 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.
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)(I).
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.
ef d) The standard lot benching detail for each proposed style of home must be
shown.
df e) Drain tile service must be provided to all properties where runoff will flow from
the back to the front of the lot.
ef f) Identify proposed soil stockpile areas and note stabilization measures that will
be taken.
f) 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 homeovmers association.
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.
2
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.
SECTION 2. Section 18-79 of the Chanhassen City Code is hereby amended to read as follows:
(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 buildable
land dedication and cash contribution requirements for proposed subdivisions.
3
(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 ~ 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 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.
(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 I*affi subdivisons, one acre of 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 person
U) In~subdivisions other than residential I*affi 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 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.
4
(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) "Fair market value" shall be determined as of the time of filing the final fJlat 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.
(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 the 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 fJlat 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 fJlat 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.
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
5
PASSED AND ADOPTED this _ day of
of the City of Chanhassen, Minnesota.
, 2008, by the City Council
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
)
g:\plan\city code\2008 code update\amendment ch 18 8-2S-08.doc
6
CITY OF CHANHASSEN
CARVER AND HENNEPIN COlJNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19
CHANHASSEN CITY CODE
WATER, SEWERS AND SEWAGE DISPOSAL
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended Section 19-144
(a)(l)(e), to read as follows:
Sec. 19-144 (a)(l)(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.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this _ day of , 2008, by the City
Council of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18
OF THE CHANHASSEN CITY CODE
SUBDIVISIONS
The purpose of this code amendment is to require that the lowest building opening must be
minimum one foot above the emergency overflow; to note that custom graded lots may be allowed
subject to the City Engineer's approval; to require a copy of the Storm Water Pollution Prevention
Plan (SWPPP); and to state that park land calculations and dedication shall be based on buildable
land and replace the term plat with subdivision.
A printed copy of Ordinance No. _ 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 _ day of
, 2008, by the City Council of the City of Chanhassen.
ATTEST:
Todd Gerhardt, Clerk/Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
)
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
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
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
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Planning Department
DA TE:
August 11, 2008
SUBJ:
City Code Amendments:
Chapter 5, Animals and Fowl
Chapter 7, Landscape Security
Chapterl8, Subdivision
Chapter 19, Water, Sewers and Sewage Disposal
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 Chapter 18 were discussed at the
June 3, and August 5, 2008 Planning Commission Meetings. The Planning
Commission voted to recommend approval of the ordinances amending Chapter
18, Subdivision.
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: Thellse 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;
The texts of all final ordinance amendments are shown in strike-through and bold
format.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, Winding trails, and beautiful parks. A great place to live, work, and play.
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, weather 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.
bj 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.
Elj 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) Maintenance and repair of retaining walls, which cross lot lines, built in conjunction
','\lith the subdivision shall be the responsibility of the developer, and upon completion
of the project, the homeowners association. (Note, this section is included i,! 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~ 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 plat 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 lafld 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-kmEl 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 plaffi subdivisions, one acre of laB6 buildable land shall be conveyed to the
City as afl 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
(j) In-plats-subdivisions other than residential plaffi subdivisions, either a cash donation equal to
ten percent of the fair market value of the undeveloped property or ten perceFlt 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) "Fair market value" shall be determined as of the time of filing the final I*at 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 the 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 i*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 i*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 (&)(I)(e) as shown below.
Sec. 19-144 (a)(I)(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
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