Ordinance 471CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.471
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 information 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.
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.
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)(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.
b4 c) The style of home (e.g., slab on grade, split entry, lookout, walkout, full
basement) must be noted on the plan.
e4 d) The standard lot benching detail for each proposed style of home must be
shown.
d) e) Drain tile service must be provided to all properties where runoff will flow from
the back to the front of the lot.
e) f) Identify proposed soil stockpile areas and note stabilization measures that will
be taken.
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 €er
the ems.
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.
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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.
i. 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.
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(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 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.
(1) In residential pis subdivisons, one acre of buildable land shall be conveyed to the City
as 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
0) In -its -subdivisions other than residential pats subdivisions, either a cash donation
equal to ten percent of the fair market value of the undeveloped pFopei4y ^r ter pefeent of the
gross area 4 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 „doped 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
(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 filingfinal plat 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.
(o) 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 plat 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 pk4 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.
PASSED AND ADOPTED this 25t" day of August, 2008, by the City Council of the City
of Chanhassen, Minnesota.
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Villager on December 17, 2009)
no
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.471
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. 471 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 25`" day of August,
2008, by the City Council of the City of Chanhassen.
ATTEST:
� zr7i�
Tod Gerhardt, Clerk/Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on December 17, 2009)
Affidavit of Publication
Southwest Newspapers
CITY OF CHANHASSEN
CARVER AND HENNEPIN State of Minnesota)
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE )SS.
NO. 471
AN ORDINANCE AMENDING County of Carver )
CHAPTER 18
,OF THE CHANHASSEN CITY
CODE
SUBDIVISIONS The purpose of this code Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
amendment is to require that the agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lowest building opening must be lager and has full knowledge of the facts herein stated as follows:
minimum .one foot above the
emergency overflow; to note that (A) These newspapers have complied with the requirements constituting qualification as a legal
custom graded lots may allowed newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
subject to the City Engineer's amended.
approval; to require a copy of the
Storm Water Pollution Prevention
Plan (SWPPP) and tostate thatpark (B) The printed public notice that is attached to this Affidavit and identified as No. °'* ,7
land calculations and dedication was published on the date or dates and in the newspaper stated in the attached Notice and said
shall be based on buildable land and Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
replace the term plat with the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
subdivision. inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Aprintedcopyof Ordinance No. and publication of the Notice:
471 is available for inspection by
any person during regular office
hours- at the office of the City abcdefghijklmnopgrstuvwxyz
Manager/Clerk. 0
PASSED, ADOPTED, AND �f�J� ��, ,
APPROVED FOR PUBLICATION By L�°��5
this 251h day of August, 2008, by the
City Council of the City of Laurie A. Hartmann
Chanhassen.
ATTEST:
Todd Gerhardt, Clerk/Manager Subscribed and sworn before me on
Thomas A. Furlong, Mayor
(Published in the Chanhassen
Villageron Thursday, December 17,
2009; No. 4297)
this day of-Cti" + �- 2009
\ JYviME J. BARK
NCTr'.RV ?U3L1C MINNESOTA
My Commission Expires 01/31/2013
Not Pdb'lic^
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter ............................................... $12.43 per column inch