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Ordinance 486CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.486 AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-1400 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sec. 20-1400. Statement of intent. Development, excavation, clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surrounding properties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the character of the bluff impact zone within the city, alteration to land or vegetation within the bluff impact zone will not be permitted except as regulated by this ordinance and by the regulations of the underlying zoning district where the property is located. Section 2. Section 20-1403 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sec. 20-1403. Removal or alteration of vegetation. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited pruning and trimming of trees and shrubs to provide a view from the principal dwelling site. To accommodate the placement of stairways and landings and access paths, limited clearing of trees and shrubs shall be permitted with prior city approval provided it complies with Sec. 20-1402. Alterations that reduce the rate of runoff or minimize erosion may be exempt from the tree removal or alteration of vegetation requirement. Property located within the Shoreland Management District shall comply with section 20- 482. Removal or alteration of vegetation must receive prior approval of the community development director or designee. An on -site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone. Section 3. Section 20-1404 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sec. 20-1404. Topographic alterations/grading and filling. An earthwork permit will be required for the movement of any material within bluff impact zones. The permit may be granted only if the proposed alteration does not adversely affect the bluff impact zone or other property. Permits may be granted if the proposed alteration complies with Sec. 20-1402 and the following conditions are not present: • A moderate to severe erosion hazard classification as defined and mapped by the Natural Resources Conservation Service • Existing gullies and/or escarpments are present on the subject property or in an area which the subject property is tributary to. Topographic alterations/grading and filling within the bluff impact zone shall not be permitted to increase the rate of drainage and no concentrated flow conditions shall result from the alteration. The drainage from property within the bluff impact zone may not be redirected without a permit from the city. Fill or excavated material shall not be placed in bluff impact zones. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 12`h day of October, 2009, by the City Council of the City of Chanhassen, Minnesota. v� To Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on October 22, 2009) 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 486 AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-1400 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sec. 20-1400. Statement of intent. Development, excavation, clearcutting and other activities within the bluff impact zone may result in increased dangers of erosion, increased visibility to surroundingproperties and thereby endanger the natural character of the land and jeopardize the health, safety, and welfare of the citizens of the city. To preserve the character of the bluff impact zone within the city, alteration to land or vegetation within the bluff impact zone will not be permitted except as regulated by this ordinance and by the regulations of the underlying zoning district where the property is located. Section 2. Section 20-1403 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sec. 20-14Q3. Removal or alteration of vegetation. Removal or alteration of vegetation within a bluff impact zone is prohibited except for limited pruning and trimming of trees and shrubs to provide a view from the principal dwelling site. To accommodate the placement of stairways and landings and access paths, limited clearing of trees and shrubs shall be permitted with prior city approval provided it complies with Sec. 20-1402. Alterations that reduce the rate of runoff or minimize erosion may be exempt from the tree removal or alteration of vegetation requirement. Property located within the Shoreland Management District shall comply with section 20-482. Removal or alteration of vegetation must receive prior approval of the community development director or designee. An on -site review will be made to determine if the removal or alteration of vegetation will require new ground cover. In no case shall clearcutting be permitted. City staff will work with the property owner to develop a means of creating a view while minimizing disturbance to the bluff impact zone. Section 3. Section 20-1404 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Sec. 20-1404. Topographic alterations/grading and filling. An earthwork permit will be required for the movement of any material within bluff impact zones. The permit may be granted only if the proposed alteration does not adversely affect the bluff impact zone or other property. Permits may be granted if the proposed alteration complies with Sec. 20-1402 and the following conditions are not present: A moderate to severe erosion hazard classification as defined and mapped by the Natural Resources Conservation Service 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. a (B) The printed public notice that is attached to this Affidavit and identified as No. qd 6 3 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: abcdefghijklmnopqrstuvwxyz By: � Laurie A. Hartmann Subscribed and sworn before me on this day of 2009 JYMME J. BARK NOTARY PUBLIC - MINNESOTA My Commission Expires 01/31/2013 Nota' Public Existing gullies and/or escarpments are present on the subject property or in an area which the subject property is tributary to. Topographic alterations/ grading and filling within the bluff RATE INFORMATION impact zone shall not be permitted acid b commercial users for comparable space $31.20 per column inch to increase the rate of drainage and • y P p no concentrated flow conditions 3 by law for the above matter ................................. $31.20 per column inch shall result from the alteration. The for the above matter ............................................... $12.43 per column inch drainage from property within the bluff impact zone may not be redirected without a permit from the city. Fill or excavated material shall not be placed in bluff impact zones. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 121h day of October, 2009, by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomag A. Furlong, Mayor (Published in the Chanhassen Villager on Thursday, October 22,