10. City Code Amendment Re Landscaping, Tree Preservation, Fences.' MEMORANDUM
CITY OF 10 -"
CHANHASSEN
690 COULTER DRIVE 6 P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Sharmin Al -Jaff, Planner II
DATE: July 8, 1996
Action by CRY Admtnl at
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Modifie
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Dace Submitted to CoeimPAN
Date Submitted to Councll
- 8 -916
SUBJ: City Code Amendment to Section 18 -61. Landscaping and tree preservation
requirements, by amending section (a) (50), to clarify location of fences along
collector and arterial streets in relation to landscape buffers. Also, a Zoning
ordinance amendment to Section 20- 1018. Commercial and industrial fences, and
Section 20 -1023, Height of fences.
BACKGROUND
Staff has been receiving fence permit applications requesting the installation of fences along
collector and arterial roads. The fences are being installed for privacy and safety. reasons. Such
area's include Audubon Road, the north leg of Highway 101, Powers.Boulevard, Lake Lucy Road,
etc.. The majority of these fences are 6 foot tall and opaque. Homeowners are locating them along
the property line as permitted by ordinance. This is resulting in 'a continuous, aesthetically
unpjeasant wall along collector and arterial streets.
The second issue involves commercial fences. The Zoning Ordinance requires 6 foot high fences to
be located along industrial or commercial development when it abuts residential property.
ORDINANCE AMENDMENT
The current landscaping and tree preservation ordinance, section 18 -61 (a) (5), does not prohibit the
installation of fences between landscape buffer areas and collector or arterial streets. Staff is
recommending the addition of the language which appears in bold, to remedy this situation for all
new developments.
Mr. `Don Ashworth
July 8, 1996
Page 2 '
SECTION 18 -61. LANDSCAPING AND TREE-PRESERVATION REQUIREMENTS.:
(5) "Landscaped buffers around the exterior of the subdivision shall be required by the city
when the plat is contiguous with collector or arterial streets as defined in the comprehensive '
plan and where theplat is adjacent to more intensive land uses. Required buffering shall
consist of berms and landscape material consisting of a mix of trees and shrubs and/or tree
preservation areas. No fences'will be permitted between the required buffer and the
collector or arterial street. Where. appropriate, the city may require additional lot depth
and area on lots containing the buffer so that it can be adequately accommodated and the
homes protected from impacts. Lot depths and areas maybe increased by twenty-five (25)
percent over zoning district standards. The landscape plan must be developed with the
preliminary and final plat submittals for city approval. Appropriate financial guarantees
acceptable to the city shall be required."
The Planning Commission reviewed this amendment and. directed staff to allow 6 foot fences
along arterial and collector streets for privacy, however, tbey wanted to ensure that the
landscape buffer area remain visible from collector or arterial streets.'..Hence the ordinance
amendment willbe to section 20 -1019 Location; rather than SECTION 20 -1023. HEIGHT,
rzhiwldhe amea&d by adding the fellewing language whieh m411 appear iO beld-
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Section 20 -1019, Location of Fences, will be amended by adding:
C. Na fences will be permitted between a requir& required landscape buffer and a
collector or arterial street.
The proposed amendment will allow collector and arterial streets to reflect a boulevard effect and
provide an aesthetically pleasing experience.
' Mr. Don Ashworth
' July 8, 1996
Page 3
' A second amendment deals with the Zoning Ordinance requirement of 6 foot high fences to be
located along industrial or commercial development when it abuts residential property. There are
cases when this requirement may not be appropriate, such as the future development of Villages on
' the Pond, the neighborhood commercial portion within Mission Hills, etc. The buffering between
the commercial and residential developments is provided through berms and vegetation. Staff is
recommending this section be amended to make the fencing an option and up to the City's
' discretion. We recommend the addition of the language which will appear in bold.
SECTION 20 -1018. COMMERCIAL AND INDUSTRIAL FENCES.
' Fences for screening or storage purposes installed on property used for commercial or
industrial uses may have a maximum height of eight (8) feet. When commercial or
' industrial uses abut property used or zoned for residential uses, a fence at least six (6) feet in
height s hall may be placed between the residential and the commercial and industrial
property if the City determines that there is a need for a fence. The City may elect to
use landscaping consisting of berms and vegetation to provide screening. If a fence is
used, said fence must be one hundred (100) percent opaque. Commercial or industrial
fences over eight (8) feet shall require a conditional use permit.
' PLANNING COMMISSION UPDATE
' On June 19, 1996, the Planning Commission reviewed and approved this request. The Planning
Commission directed staff to allow 6 foot fences along arterial and collector streets for privacy,
however, they wanted to ensure that the landscape buffer area remain visible from collector or
arterial streets. Hence, staff revised this report and proposed amending section 20 -1019 Location,
rather than SECTION 20 -1023. HEIGHT, which would have only allowed fences within the
' required front yard setback not to exceed three (3) feet in height if opaque construction, or four (4)
feet in height if open construction.
Staff recommends the City Council adopt the following motion:
RECOMMENDATION:
"The City Council approve a subdivision ordinance amendment to Section 18 -61 LANDSCAPING
AND TREE PRESERVATION REQUIREMENTS to read as follows:
(5) "Landscaped buffers around the exterior of the subdivision shall be required by the city
when the plat is contiguous with collector or arterial streets as defined in the comprehensive
plan and where the plat is adjacent to more intensive land uses. Required buffering shall
consist of berms and landscape material consisting of a mix of trees and shrubs and/or tree
preservation areas. No fences will be permitted between the required buffer and the
Mr. Don Ashworth
July 8, 1996 '
Page 4
collector or arterial street. Where appropriate, the city may require additional lot depth '
and area on lots containing the buffer so that it can be adequately accommodated and the
homes protected from impacts. Lot depths and areas may be increased by twenty five (25)
percent over zoning district standards. The landscape plan must be developed with the ,
preliminary and final plat submittals for city approval. Appropriate financial guarantees
acceptable to the city shall be required."
appr of the au� v
20 !()23 HEIGHT t rea � lle o.s
height if epaque eenstmetion, or- four- (4) feet in height if epen 6eastme
b � s h a ll l: requ f f` � `.. t
. T he maxxx iiaiirzn -igcr� ^ ^ ^ t + o. ent • ... r=efit
Th thi a .d f th e- tl4An , >1t liEw j . . ag th 0.,.7 ., o f the adj o.,t
sides.
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:1h & eia t sh b d b th 1 t• ^tl + f or- l that abut gar-age
frontage lots with two front yaFds and must eemptywith Seetion 20 1023 (3) a-.
The City Council approve Section 20 -1019, Location of Fences by addition the following '
language:
Section 20 -1019, Location of Fences: '
C. No fences will be permitted between a required landscape buffer and a
collector or arterial street. '
The City Council approve the zoning ordinance amendment to Section 20 -1018. COMMERCIAL
AND INDUSTRIAL FENCES, to read as follows: '
SECTION 20 -1018. COMMERCIAL AND INDUSTRIAL FENCES.
Fences for screening or storage purposes installed on property used for commercial or
industrial uses may have a maximum height of eight (8) feet. When commercial or
industrial uses abut property used or zoned for residential uses, a fence at least six (6) feet in '
height shall -may be placed between the residential and the commercial and industrial
property if the City determines that there is a need for a fence. The City may elect to
1
11
I
Mr. Don Ashworth
' July 8, 1996
Page 5
' use landscaping consisting of berms and vegetation to provide screening. If a fence is
used, said fence must be one hundred (100) percent opaque. Commercial or industrial
fences over eight (8) feet shall require a conditional use permit.
ATTACHMENTS
' 1. Planning Commission minutes dated June 19, 1996.
n
J
n
Planning Commission Meeting - June 19, 1996 '
Joyce moved, Fatmakes seconded that the Planning Commission recommend approval of '
Zoning Ordinance Amendment to Section 20 -1124. Required number of on -site patidng
spaces, by amending Section (1)f., to read as follows:
f. Accessible parking spaces shall be in compliance with the State of Minnesota Building '
Code and state law.
All voted in favor, except Peterson who opposed, and the motion carried. '
Mancino: If we could hear the reasons for the nay vote please.
Peterson: It's strictly as a matter of principle. I don't think it's necessary.
PUBLIC HEARING: '
AN AMENDMENT TO THE CITY CODE SECTION 18 -61. LANDSCAPING AND TREE
PRESERVATION REQUIREMENTS BY AMENDING SECTION (A)(50), TO CLARIFY '
LOCATION OF FENCES ALONG COLLECTOR AND ARTERIAL STREETS IN
RELATION TO LANDSCAPE BUFFERS. ALSO, AN AMENDMENT TO SECTION 20-
1018, COMMERCIAL AND INDUSTRIAL FENCES, AND SECTION 20 -1019, LOCATION '
OF FENCES.
Sharmin Al -Jaff presented the staff report on this item. '
43
'
Mancino: This is open for a public hearing. Anyone wishing to address the Planning
Commission, please come up and do so at this time.
'
Conrad moved, Joyce seconded to close the public hearing. The public heating was closed.
Mancino: May I have a motion please.
,
Joyce: I make a motion that the Planning Commission recommend approval of Zoning
Ordinance Amendment to Section 20 -1124, Required number of on -site parking spaces, by
'
amending Section (1)f., to read as follows: Accessible parking spaces shall be in compliance
with the State of Minnesota Building Code and state law.
Mancino: Thank you. Is there a second?
Farmakes: Second.
'
Joyce moved, Fatmakes seconded that the Planning Commission recommend approval of '
Zoning Ordinance Amendment to Section 20 -1124. Required number of on -site patidng
spaces, by amending Section (1)f., to read as follows:
f. Accessible parking spaces shall be in compliance with the State of Minnesota Building '
Code and state law.
All voted in favor, except Peterson who opposed, and the motion carried. '
Mancino: If we could hear the reasons for the nay vote please.
Peterson: It's strictly as a matter of principle. I don't think it's necessary.
PUBLIC HEARING: '
AN AMENDMENT TO THE CITY CODE SECTION 18 -61. LANDSCAPING AND TREE
PRESERVATION REQUIREMENTS BY AMENDING SECTION (A)(50), TO CLARIFY '
LOCATION OF FENCES ALONG COLLECTOR AND ARTERIAL STREETS IN
RELATION TO LANDSCAPE BUFFERS. ALSO, AN AMENDMENT TO SECTION 20-
1018, COMMERCIAL AND INDUSTRIAL FENCES, AND SECTION 20 -1019, LOCATION '
OF FENCES.
Sharmin Al -Jaff presented the staff report on this item. '
43
Planning Commission Meeting - June 19, 1996
' Mancino: I want to make sure I've got this right. So you're saying that you could fence on
the outside of the buffer and landscape it if it's 3 feet. And it could be a solid?
' Aanenson: Yes. 4 feet like if it's like a split rail or a more open type of construction.
Mancino: I think I like the initial one... discussion at this time. Before we do that, I need to
' this for a public hearing. Could you go over Sharmin a little bit on Section 20- 1023(3)(c). In
the staff report.
L
Al -Jaffa Okay. Currently, let's say you have a corner lot or a thru lot where your back yard
is Highway 101 and your front yard is any street, city street. What's facing TH 101, without
this ordinance amendment, you could put up a 6 foot fence. And with this amendment, you're
basically stating that if you have a double frontage, both of those frontages are considered a
front yard. And you won't be able to put in the 6 foot tall fence.
Mancino: Okay. Thank you. May I have a motion to open this for a public hearing.
Fwmakes moved, Mehl seconded to open the public hewing. The public healing was opened.
Mancino: This is open for a public hearing. Anyone wishing to address the Planning
Commission at this time? Seeing none, may I have a motion to close the public hearing, and
a second.
Fa makes moved, Joyce seconded to close the public herring. The public hewing was closed.
Mancino: Comments from commissioners. Craig.
Peterson: I like it with your recommendations.
Mancino: Ladd.
Conrad: Yeah, I too. I'm not an advocate of fences, so I think the original wording,
especially for 18 -61 is more what I'd like to see. And the others are fine.
Mancino: Kevin.
Joyce: I agree.
' Mancino: Jeff.
1
44
Planning Commission Meeting - June 19, 1996
Farmakes: Fine.
Mehl: Nothing to add.
Mancino: I don't either. My only concern at all with this, on 20 -1023 is that people who
have double frontage lots on an arterial probably get a lot of noise and a lot of light and they
need good, solid buffers.
Aanenson: Those people can. If you're on a collector, those we allow that. We agree. It's
written right. I think she explained it wrong. We agree. If you're on a collector, you should,
and you've got a double frontage lot, you should be able to put up a 6 foot fence. If you just
have a double frontage lot in the regular part of the subdivision, you shouldn't be able to put
up a 6 foot fence because you're probably in someone else's front yard. So if you do back
onto TH 101 or.
Mancino: Oh okay. Because 3 feet wouldn't help them.
Aanenson: Exactly. Or sending it back ... if you've got 5 acres, it's punitive and that's why
Sharmin put that in. You can have a minimum...
Mancino: Okay, great. Thanks. May I have a motion please?
Peterson: I'll make a motion the Planning Commission recommend approval of the
subdivision ordinance amendment to Section 18 -61, Landscaping and Tree Preservation
Requirements to read as follows. I'm not going to read all that. Point number 5. Also that
the Planning Commission recommend approval of zoning ordinance amendment to Section
20 -1023, Height to read as follows, point number 3. Also recommend the Planning
Commission approve the zoning ordinance amendment o Section 20 -1018, Commercial and
Industrial Fences to read as follows. And Section 20 -1018, commercial and industrial fences.
Mancino: Is there a second to the motion?
Farmakes: Second.
Mancino: Any discussion?
Conrad: I'm just curious. How do we control fences?
Aanenson: They need a permit. Usually anything that's a structure.
45
r
F1
I�l
Planning Commission Meeting - June 19, 1996
Conrad: Boy, do people know that?
Aanenson: Yes. Well people get stopped for it but we send it out in the spring newsletter.
' We try to...
Joyce: Do you grandfather the ones that are doing this now? What happens if people are
doing it, you're in violation?
Aanenson: People that have done it already?
' Joyce: Yeah.
' Aanenson: Or put it behind that we don't know about?
' Joyce: Yeah.
Aanenson: I'll have to check.
' Mancino: Thank you.
' Peterson moved, Farmakes seconded that the Planning Commission recommends approval of
subdivision ordinance amendment to Section 18 -61 LANDSCAPING AND TREE
PRESERVATION REQUIREMENTS to read as follows:
(5) "Landscaped buffers around the exterior of the subdivision shall be required by the city
when the plat is contiguous with collector or arterial streets as defined in the
comprehensive plan and where the plat is adjacent to more intensive land uses.
Required buffering shall consist of berms and landscape material consisting of a mix of
trees and shrubs and /or tree preservation areas. Fences will be permitted between the
' required buffer and the collector and arterial street. Such fence must comply with
Section 20- 1023(3)(a). Where appropriate, the city may require additional lot depth and
area on lots containing the buffer so that it can be adequately accommodated and the
' homes protected from impacts. Lot depths and areas may be increased by twenty five
(25) percent over zoning district standards. The landscape plan must be developed with
the preliminary and final plat submittals for city approval. Appropriate financial
' guarantees acceptable to the city shall be required."
46
Planning Commission Meeting - June 19, 1996
Mancino: I want to make sure I've got this right. So you're saying that you could fence on
the outside of the buffer and landscape it if it's 3 feet. And it could be a solid?
Aanenson: Yes. 4 feet like if it's like a split rail or a more open type of construction.
Mancino: I think I like the initial one... discussion at this time. Before we do that, I need to
this for a public hearing. Could you go over Sharmin a little bit on Section 20- 1023(3)(c). In
the staff report.
Al -Jaffa Okay. Currently, let's say you have a corner lot or a thru lot where your back yard
is Highway 101 and your front yard is any street, city street. What's facing TH 101, without
this ordinance amendment, you could put up a 6 foot fence. And with this amendment, you're
basically stating that if you have a double frontage, both of those frontages are considered a
front yard. And you won't be able to put in the 6 foot tall fence.
Mancino: Okay. Thank you. May I have a motion to open this for a public hearing.
Fmmakes moved, Mehl seconded to open the public hearing. The public hewing was opened.
Mancino: This is open for a public hearing. Anyone wishing to address the Planning
Commission at this time? Seeing none, may I have a motion to close the public hearing, and
a second.
Farmakes moved, Joyce seconded to close the public hearing. The public hearing was closed.
Mancino: Comments from commissioners. Craig.
Peterson: I like it with your recommendations.
Mancino: Ladd.
Conrad: Yeah, I too. I'm not an advocate of fences, so I think the original wording,
especially for 18 -61 is more what I'd like to see. And the others are fine.
Mancino: Kevin.
Joyce: I agree.
Mancino: Jeff.
44
u
Planning Commission Meeting - June 19, 1996
' Farmakes: Fine.
Mehl: Nothing to add.
' Mancino: I don't either. My only concern at all with this, on 20 -1023 is that people who
have double frontage lots on an arterial probably get a lot of noise and a lot of light and they
' need good, solid buffers.
Aanenson: Those people can. If you're on a collector, those we allow that. We agree. It's
' written right. I think she explained it wrong. We agree. If you're on a collector, you should,
and you've got a double frontage lot, you should be able to put up a 6 foot fence. If you just
have a double frontage lot in the regular part of the subdivision, you shouldn't be able to put
' up a 6 foot fence because you're probably in someone else's front yard. So if you do back
onto TH 101 or.
' Mancino: Oh okay. Because 3 feet wouldn't help them.
Aanenson: Exactly. Or sending it back ... if you've got 5 acres, it's punitive and that's why
' Sharmin put that in. You can have a minimum...
' Mancino: Okay, great. Thanks. May I have a motion please?
Peterson: I'll make a motion the Planning Commission recommend approval of the
' subdivision ordinance amendment to Section 18 -61, Landscaping and Tree Preservation
Requirements to read as follows. I'm not going to read all that. Point number 5. Also that
the Planning Commission recommend approval of zoning ordinance amendment to Section
' 20 -1023, Height to read as follows, point number 3. Also recommend the Planning
Commission approve the zoning ordinance amendment o Section 20 -1018, Commercial and
Industrial Fences to read as follows. And Section 20 -1018, commercial and industrial fences.
' Mancino: Is there a second to the motion?
' Farmakes: Second.
Mancino: Any discussion?
' Conrad: I'm just curious. How do we control fences?
' Aanenson: They need a permit. Usually anything that's a structure.
I I
45
Planning Commission Meeting - June 19, 1996
Conrad: Boy, do people know that?
Aanenson: Yes. Well people get stopped for it but we send it out in the spring newsletter.
We try to... '
Joyce: Do you grandfather the ones that are doing this now? What happens if people are
doing it, you're in violation? '
Aanenson: People that have done it already?
Joyce: Yeah. '
Aanenson: Or put it behind that we don't know about? '
Joyce: Yeah. ,
Aanenson: I'll have to check.
Mancino: Thank you. '
Peterson moved, Farmakes seconded that the Planning Commission recommends approval of
subdivision ordinance amendment to Section 18 -61 LANDSCAPING AND TREE
'
PRESERVATION REQUIREMENTS to read as follows:
(5) "Landscaped buffers around the exterior of the subdivision shall be required by the city
'
when the plat is contiguous with collector or arterial streets as defined in the
comprehensive plan and where the plat is adjacent to more intensive land uses.
'
Required buffering shall consist of berms and landscape material consisting of a mix of
trees and shrubs and /or tree preservation areas. Fences will be permitted between the
required buffer and the collector and arterial street. Such fence must comply with
'
Section 20- 1023(3)(a). Where appropriate, the city may require additional lot depth and
area on lots containing the buffer so that it can be adequately accommodated and the
homes protected from impacts. Lot depths and areas may be increased by twenty five
'
(25) percent over zoning district standards. The landscape plan must be developed with
the preliminary and final plat submittals for city approval. Appropriate financial
guarantees acceptable to the city shall be required."
,
46 1
0
Planning Commission Meeting - June 19, 1996
' The Planning Commission also recommends approval of the zoning ordinance amendment to
Section 20 -1023. HEIGHT, to mead as follows:
' (3) Corner or double fronted lots. In addition to the other provisions contained in this
section, fences located on corner or double fronted lots shall be subject to the following
provisions:
(a) Any fence within the required front yard setback shall not exceed three (3) feet in
height if opaque construction, or four (4) feet in height if open construction.
1�
(b) The maximum height of a fence shall conform to the requirements of fences in
front yards within the corner site triangle. Two sides of the intersection of the two
streets and run a distance of thirty (30) feet back along the lot lines abutting the
streets. The third side of the triangle is a straight line joining the end points of the
adjacent sides.
(c) The front shall be determined by the location of the garage except for lots that abut
a collector or an arterial street. Such parcels shall be considered double frontage
lots with two front yards and must comply with Section 20- 1023(3)x.
The Planning Commission also recommends approval of zoning ordinance amendment to
Section 20 -1018. COMMERCIAL AND INDUSTRIAL FENCES, to mead as follows:
SECTION 20 -1018. COMMERCIAL AND INDUSTRIAL FENCES.
Fences for screening or storage purposes installed on property used for commercial or
industrial uses may have a maximum height of eight (8) feet. When commercial or
industrial uses abut property used or zoned for residential uses, a fence at least six (6)
feet in height may be placed between the residential and the commercial and industrial
property if the City determines that there is a need for a fence. The City may elect to
use landscaping consisting of berms and vegetation to provide screening. If a fence is
used, said fence must be one hundred (100) percent opaque. Commercial or industrial
fences over eight (8) feet shall require a conditional use permit.
All voted in favor and the motion carried.
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1
0
0