12. Bluff Protection Ordinance- �C2,
CITY OF
MEMORANDUM
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Bob Generous, Senior Planner
DATE: February 21, 1996
' SUBJ: Bluff Protection Ordinance
BACKGROUND
' On October 14, 1991, City Council adopted the original Bluff Protection ordinance to protect the
bluff line near the Minnesota River. On August 22, 1994, the ordinance was amended to protect
"bluffs" throughout the city.
In reviewing the Lotus Glen subdivision proposal, staff discovered a deficiency in the bluff
i protection ordinance. While the top and toe of a bluff are protected, there is no protection for the
side of a bluff.
' ANALYSIS
' Section 20 -1401 (a) requires a 30 foot setback for structures from the top and toe of a bluff.
However, based on the definition of a bluff as having a 25 foot or greater elevation change and a
30 percent or greater slope, there are instances in which a "bluff' ends yet the sloped area
' continues.
Staff believes that the intent of the ordinance was to protect the entire perimeter of the bluff, not
' just the top and the toe. There may be significant environmental impacts if the city permits
development to encroach up to the side of a "bluff' area.
PLANNING COMMISSION UPDATE.
The Planning Commission held a public hearing on February 7, 1996 to review the proposed
ordinance revision. The Planning Commission voted unanimously to recommend approval of the
amendment.
n
Don Ashworth
February 21, 1996
Page 2
RECOMMENDATION
Staff recommends that the City Council adopt a motion approving the amendment to the Bluff
Protection ordinance shown as Attachment # 1.
ATTACHMENT
1. Bluff Protection Ordinance Amendment
2. Planning Commission Minutes of 2/7/96
3. Lotus Glen Slope Analysis
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
' CHANHASSEN CITY CODE, THE ZONING ORDINANCE
CONCERNING BLUFF PROTECTION
' INTENT
' It is the policy of the city to protect significant natural features that enhance the beauty, character,
and natural environment through the adoption of standards for the preservation of these features.
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. ARTICLE I. IN GENERAL, Section 20 -1, Definitions is amended to add:
' Bluff, side of means a point at which both conditions for a "bluff' no longer exist. The side of
the bluff is delineated by a line connecting the top and toe of a bluff at a location in which the
slope of the bluff is less than 30 percent or the change in elevation becomes smaller than 25 feet.
Section 2. ARTICLE XXVIII. BLUFF PROTECTION, Section 20 -1400, Statement
' of intent is amended to read:
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 area will not be permitted except as regulated by this article
and by the regulations of the underlying zoning district where the property is located.
' Section 3. ARTICLE XXVIII. BLUFF PROTECTION, Section 20 -1401 (a),
Structure setbacks is amended to read:
' (a) Structures, including, but not limited to, principal buildings, decks and accessory buildings,
except stairways and landings, are prohibited on the bluff and must be set back from the top of
the bluff, the toe of the bluff, and the side of a bluff at least thirty (30) feet.
Section 4. This ordinance shall be effective immediately upon its passage and
' publication.
PASSED AND ADOPTED this day of . 1996, by the City
Council of the City of Chanhassen, Minnesota
Don Ashworth, City Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on
u
Planning Commission Meeting - February 7, 1996
' building, and eliminate the sidewalk area north of the building to expand the
landscaping area.
I 11. The applicant shall apply for a separate sign permit for all signage on the site. Signage
shall comply with city code requirements.
I 12. The joint parking facilities shall be protected by a recorded instrument acceptable to the
city.
I 13. Staff recommends that the radiuses on the parking lot islands adjacent to the main drive
aisles be increased from 10 feet to 20 feet.
' 14. The applicant and /or contractor shall be responsible for adjusting any existing storm
sewer manholes and cleaning the city storm sewer system as needed in conjunction with
this site development.
15. Rock construction entrances should be included with the site plan drawings. All catch
basins shall be protected with silt fence and /or hay bales until the parking lot is paved.
16. That a subdivision standaid be established for the height and color- of the pole lighting.
' 17. Additional landscaping and aithitectut-1 features be added to enhance the east side of
the building.
' All voted in favor and the motion caiiied unanimously.
Mancino: And when does this go in front of the City Council?
Generous: Februa ry 26th.
' CONSIDER AN AMENDMENT TO THE CITY CODE CONCERNING BLUFF
PROTECTION AND SIDE SLOPE SETBACKS.
' Bob Generous presented the staff report on this item.
' Mancino: Any questions for staff? For Bob. Comments. Don.
Mehl: 1 - do f'r1 ave `I - go along with and support `the recommendation.
I Mancino: Bob.
' 45
C
Planning Commission Meeting - February 7, 1996
Skubic: Let's go ahead and make the correction.
Mancino: Ladd.
Conrad: I trust Bob. Let's do it.
Mancino: Your life is in his hands. Mike.
Meyer: No comments.
Mancino: I have no comments either. May I have a motion.
Meyer: I'll make a motion, if I can here. I make a motion that the Planning Commission
recommend approval of the amendment to the Bluff Protection ordinance as shown on
Attachment #1.
Conrad: Second.
Mancino: Any discussion?
Meyer moved, Conrad seconded that the Planning Commission recommend apps -oval of the_
amendment to the Bluff Protection ordinance as shown in Attachment 91. All voted in favor
and the motion carried unanimously.
CONSIDER AN AMENDMENT TO THE CITY CODE CONCERNING LANDSCAPING
AND TREE REMOVAL FOR TRANSITIONAL BUFFERING BETWEEN USES.
Bob Generous presented the staff report on this item.
Mancino: Bob, a question for you. On the Ward property that's going to go, it's going to be
some kind of mix use at some time. At this point it is and it goes right next to a single
family subdivision, low density. And it meets C, right?
Generous: Yes.
Mancino: So that's saying to me that the most buffer that they have to put in between the
mixed use area and single family residential low density is 30 feet.
Generous: The most, yes.
46
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