Ordinance 474CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 474
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE
ZONING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Generally.
A variance from this chapter may be requested only by the owner of the property or the owner's
approved representative to which the variance would apply. A variance may not be granted
which would allow the use of property in a manner not permitted within the applicable zoning
district. A variance may, however, be granted for the temporary use of a single-family dwelling
as a two-family dwelling. In granting any variance, conditions may be prescribed to ensure
substantial compliance with this chapter and to protect adjacent property.
• Prior to filing an application for a variance, 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.
Section 2. Section 20-57 of the City Code, City of Chanhassen, Minnesota, is hereby amended to
read as follows:
Violations of conditions imposed upon variance; termination.
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.
Section 3. Section 20-109 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Applications.
Application for a site plan review shall be made to the city planner on forms provided by the city
and shall be filed 30 days in advance of the planning commission meeting at which it is to be
considered. Prior to filing an application for site plan review, 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. Incomplete or deficient applications shall not be scheduled
for a meeting unless the community development director has determined that official action is
warranted. The application shall also include:
(1) Evidence of ownership or an interest in the property;
(2) The application fee; and
(3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or
other design professional, to include the following:
(4) General:
a.
Name of project.
b.
Name, address, and telephone number of applicant, engineer, and owner of record.
c.
Legal description (certificate of survey will be required).
d.
Date proposed, north arrow, engineering scale, number of sheets, name of drawer.
e.
Vicinity map showing relationship of the proposed development to surrounding streets,
rights -of -way, easements and natural features.
f.
Description of intended use of the site, buildings, and structures including type of
occupancy and estimated occupancy load.
g.
Existing zoning and land use.
h.
Tabulation box indicating:
•
1. Size of parcel in acres and square feet.
2. Gross floor area of each building.
3. Percent of site covered by building.
4. Percent of site covered by impervious surface.
5. Percent of site covered by parking area.
6. Projected number of employees.
7. Number of seats if intended use is a restaurant or place of assembly.
8. Number of parking spaces required.
9. Number of parking spaces provided including handicapped.
10. Height of all buildings and structures and number of stories.
11. Breakdown of the building area allocated for specific uses, e.g., manufacturing,
office, retail, showroom, warehouse, etc.
(5) Site and building plan:
a. Property line dimensions, location of all existing and proposed structures with distance
from boundaries, distance between structures, building dimensions, and floor elevations.
b. Grading and drainage plans showing existing natural features (topography, wetlands,
vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater
retention ponds. Plans shall include runoff and storage calculations for ten-year and 100-
year events. If stormwater is proposed to be routed to existing stormwater ponds,
documentation shall be provided to demonstrate that the downstream pond is sufficient to
accommodate the additional stormwater.
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• c. All existing and proposed points of egress/ingress showing widths at property lines,
turning radii abutting rights -of -way with indicated centerline, width, paving width,
existing and proposed median cuts, and intersections of streets and driveways.
d. Vehicular circulation system showing location and dimension for all driveways, parking
spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if
necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic
flow, and traffic -control devices.
e. Landscaping plan in accordance with the provisions of article XXV.
f. Location, access and screening detail of trash enclosures.
g. Location and screening detail of rooftop equipment. Screening shall be provided from the
perspective of a point six feet high at all adjacent property lines or from a distance of 250
feet, whichever is greater.
h. Location and detail of signage including method of lighting, height, width, sign display
area, etc.
i. Lighting location, style, mounting and photometrics.
J. Building elevations from all directions indicating materials and colors. Interior floor
plans may be required.
k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants,
distance of hydrant to proposed building.
1. List of proposed hazardous materials, use and storage.
m. Proposed fire protection system.
n. Such other information as may be required by the city.
o. 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. Photorealistic imaging or
renderings are the appropriate level of resolution.
(6) Within the HC districts, the application shall also include:
a. Building elevations from all directions, indicating materials, colors and landscaping at
installation.
b. Building and site views from Highway 5, the appropriate access boulevard (north or
south of Highway 5), and any other appropriate arterial or collector roadways.
c. Site views showing the relationships of the proposed building or development to adjacent
development, including buffered areas.
d. Drawings of all significant or atypical site features, such as unusual landscaping,
manmade water features other than retention ponds, outdoor sculpture, or other large-
scale artwork and other uncommon constructs.
e. Sample building materials.
f. Sample paving materials, upon the city's request.
(7) Within the BCO district, the application shall also include:
. a. Identified boundaries of the primary zone and secondary zone on a drawing depicting
existing conditions and on a site plan depicting the proposed development pattern.
• b. Calculations and/or drawings that identify the allowable density (number of units or
building coverage) under this Code including lands lying in the primary and secondary
zone. Calculation of allowable density shall specifically exclude lands classified as
bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover
may include bluffs and floodplains but shall specifically exclude designated wetlands.
Section 4. Section 20-231 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Application, public hearing, notice and procedure.
The application, public hearing, public notice and procedure requirements for conditional use
permits shall be the same as those for amendments as provided in article II, division 2, except
that the permit shall be issued on the affirmative vote of a majority of the entire council.
Although specific submissions required to complete an application for a conditional use permit
may vary with the specific use and the district in which it is located, all applications for such
permits must include at minimum a site plan that clearly illustrates the following: proposed land
use building mapping and functions, circulation and parking areas, planting areas and treatment,
sign locations and type, basic lighting concerns, the relationship of the proposed project to
neighboring uses, environmental impacts and demand for municipal services.
Prior to filing an application for a conditional 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.
Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by deleting
Section 20-292.
Section 6. Section 20-321 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Application, public hearing, notice and procedure.
The application, public hearing, public notice and procedure requirements for interim use permits
shall be the same as those for amendment as provided in article II, division 2, except that the
permit shall be issued after an affirmative vote of a majority of the entire council. Although
specific submissions required to complete an application for an interim use permit may vary with
the specific use and the district in which it is located, all applications for such permits must
include at minimum a site plan that clearly illustrates the following: proposed land use, building
and functions, circulation and parking areas, planting areas and treatment, sign locations and
type, lighting, the relationship of the proposed project to neighboring uses, environmental
impacts and demand for municipal services.
Prior to filing an application for an 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
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• its conformity to the provisions of the Comprehensive Plan and the City Code before incurring
substantial expense.
Section 7. Section 20-505 (0 and (m) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Required General Standards
(f) Building and parking setbacks from 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.
Where industrial uses abut developed 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
Chapter 20, Article XXV of the Chanhassen City Code.
Section 8. Section 20-505 (m) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
• Required General Standards
(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 Chapter 20, Article XXV of the
Chanhassen City Code.
The buffer yard is not an additional setback requirement. 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 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.
Section 9. Section 20-695 (7) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(7) The maximum height is as follows:
1�
a. For the principal structure, 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.
Section 10. Section 20-695 (8) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
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 Chapter 20, Article XXV of the Chanhassen
City Code.
The buffer yard is not an additional setback requirement. 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 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.
Section 11. Section 20-715 (8) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
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 Chapter 20, Article XXV of the Chanhassen
City Code.
The buffer yard is not an additional setback requirement. 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 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.
Section 12. Section 20-755 (7) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
• Lot requirements and setbacks.
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 Chapter 20, Article XXV of the Chanhassen
City Code.
The buffer yard is not an additional setback requirement. 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 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.
Section 13. Section 20-774 (7) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
• 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 Chapter 20, Article XXV of the Chanhassen
City Code.
The buffer yard is not an additional setback requirement. 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 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.
Section 14. Section 20-815 (7) d.: of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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.
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• Section 15. Section 20-815 (7) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
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 Chapter 20, Article XXV of the Chanhassen
City Code.
The buffer yard is not an additional setback requirement. 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 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.
Section 16. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-904 (d), which shall read as follows:
• 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 1144.417.
Section 17. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-965, which shall read as follows:
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.
•
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(g) Speaker or intercom system shall not be audible at the property line.
Section 18. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 13th day of October, 2008, by the City Council of the
City of Chanhassen, Minnesota
J)t--
T-o�erhardt, City Manager
:T � A
Thomas A. Furlong, Mayor
(Summary Ordinance published in the Chanhassen Villager on October 23, 2008)
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• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. 474
AN ORDINANCE AMENDING CHAPTER 20
OF THE CHANHASSEN CITY CODE
ZONING
The purpose of this code amendment is to require pre -application meetings for all development
review applications (site plan review, variances, CUP, IUP), required setbacks for planned unit
developments (PUD), increasing the height limitation in the Neighborhood Business (BN) District,
addressing buffer yard requirements in commercial districts, incorporating language for accessory
structures to coincide with the Freedom to Breathe Provision, and develop standards for Drive-
Thru's.
A printed copy of Ordinance No. 474 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 131" day of
October, 2008, by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on October 23, 2008)
0
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended-
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijkhnnopgrstuvwxyz
By:
Laurie A. Hartmann
Subscribed and sworn before me on
this .,2 3 � day of 2008
`' JYMME J. BARK
NOTARY PUBLIC - MIN
NESOTA
My Commission Expires 01/31;2013
N Publi ;s;,..a.%
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch
Maximum rate allowed by law for the above matter ................................ $40.00 per column inch
Rate actually charged for the above matter ............................................... $12.19 per column inch
NOV 7 `' 2008
CITY OF CHANHASSEN