1d. City Code Amendment: Bluff Protection/SIde Slope Setbacks.1
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MEMORANDUM
CITY OF -1 d-,
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: March 13, 1996
SUBJ: Bluff Protection Ordinance, Final Reading
BACKGROUND
On October 14, 1991, City Council adopted the origin
bluff line near the Minnesota River. On August 22, l$
"bluffs" throughout the city.
In reviewing the Lotus Glen subdivision proposal, stal
protection ordinance. While the top and toe of a bluff
side of a bluff.
ANALYSIS
a deficiency in the bluff
, there is no protection for the
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. ,s
A „
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.
Action by City Adminisftatbr
tndorsad�
A "odifi >��,
Date Submi :ead to Con?rnissiod
Data Subm!tted to Council
Bluff Protection ordinance to protect the
4, the ordinance was amended to protect
Don Ashworth
March 13, 1996
Page 2 '
CITY COUNCIL UPDATE
Council approved the first public reading of the proposed ity Coun pp p g ordinance amendment on March p p
4, 1996. In reviewing the ordinance, City Council requested that staff address the impacts of the
ordinance on Betsy Glaccum's property located at the northeast corner of Lake Lucy Road and '
Yosemite.
The existing home on the property is a nonconforming structure which encroaches into the
'
required 30 ft. bluff setback. The house could remain subject to the following sections: Section
20 -1401 (b), On parcels of land on which a building has already been constructed on June 1,
1991, the setback from the top of the bluff is five feet or existing setback, whichever is more, for
additions to an existing building. Any new buildings will have to meet the thirty -foot setback.
Section 20 -1407, Lawful nonconforming structures that have been damaged or destroyed may be
reconstructed provided that it is reconstructed within one year following its damage or
destruction and provided the nonconformity is not materially increased.
Staff has reviewed the parcel for potential redevelopment as a subdivision. Based on existing
city ordinances, staff had previously advised Ms. Glaccum that there appeared to bi-, sufficient
area to permit four lots on the property within buildable areas located in the southeast and
'
western portions of the property. The area north of the toe of the bluff is undevelopable due to
the required setbacks from the bluff and the wetland. The proposed ordinance revision maintains
the two buildable areas, but reduces the western area by 30 feet in depth. However, a buildable
,
area that varies in depth from approximately 40 to 110 feet and is 150 feet wide is still
maintained in this western area, sufficient for two house sites.
'
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
4. Letter from Elizabeth Ann Glaccum
5. Glaccum Site Analysis
6. City Council Minutes of 3/4/96
INTENT
Section 1. ARTICLE L 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.
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
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:
PASSED AND ADOPTED this day of
Council of the City of Chanhassen, Minnesota
Don Ashworth, City Manager
(Published in the Chanhassen Villager on
1996, by the City
Donald J. Chmiel, Mayor
ORDINANCE SUMMARY
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY
CODE CONCERNING BLUFF PROTECTION
An ordinance amending Section 20 -1 defining the side of a bluff and an ordinance
amending Section 20 -1400 requiring a 30 foot building setback from the side of a bluff.
Passed and adopted by the Chanhassen City Council this day of
, 1996.
Robert Generous, AICP
Senior Planner
Published in the Chanhassen Villager on October 5, 1995.
Planning Commission Meeting - February 7, 1996
building, and eliminate the sidewalk area north of the building to expand the
landscaping area.
11, The applicant shall apply for a separate sign permit for all signage on the site. Signage
shall comply with city code requirements.
12. The joint parking facilities shall be protected by a recorded instrument acceptable to the
city.
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 standaixi be established for the height and color of the pole lighting.
17. Additional landscaping and airhitechnnl features be added to enhance the east side of
the building.
All voted in favor and the motion c�uiied unanimously,
Mancino: And when does this go in front of the City Council?
Generous: February 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: - I °really - doff `t have 'I along with and support the recommendation.
Mancino: Bob.
45
7
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, Comnad seconded that the Planning Commission recommend approval 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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LEGEND
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Submitted for meeting of:
February 26th, 1996
Chanhassen City Council
Chanhassen City Nall
690 Coulter Drive
Chanhassen, TIn. 55317
Attention: City Council
Re: Amendment for x'12
Dear Ya.yor Chmiel, Council Memoers
and Ci ty Staff Representatives,
I am a property owner at 1510 Lake Lucy Road, Chanhassen, Mn.
I have owned this property since 1965. (31 years)
On the Agenda for tonights meeting you will be dicussing ##12
Amendment to the City Code concerning Bluff Protection and Side
Slope Setbacks. First Reading (as printed in The Villager 2/22/96)
I too am concerned as to it's impact on my property. I would
ask that you please take into consideration the over all layout of
this property for future resale value and the past improvement city
projects. (Nap enclosed)
I ara on the corner of Yos6mi.te and Lake Lucy Road. (3 acres)
This beautiful high point has slor_es, ridges possible Bluff, wet
lands and woods. It's already lost 1/3 of the front rill (Improve -
ent Project F'5-19 3F5.5') on south side. 7 461atermai.n Project H -25
to the east, future upgrade for City urban standard municipal sewer
on the west with corner set backs. I know there are wet land set
backs in my lowlands to the North. Amendment ##12 will impact on the
north side.
After homesteading for all these years and watching growth
all around me I ask for your consideration and concern tonight
when you vote. I will be absent and submit this for the record.
Thank You .........
Eli GG laccum
� Ann
1510 Lake Lucy Road
1,74 -F225
EAG: file
cc: council
*NOTE: If you adopt this Amd. ##12 you will
staff
make the most valuble part of my prop -
B.Cenerous
erty unbuildable. Therefore, I request
that Amd. #12 not apply to the Northerly
portion of my land Par T,n. `25- 0022900
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CHANHASSEN CITY COUNCIL
CONTINUATION OF REGULAR MEETING
MARCH 4, 1996
Mayor Chmiel called the meeting to order at 7:00 p.m. The meeting was a continuation of the City
Council's meeting of February 26, 1996.
COUNCILMEMBERS PRESENT: Mayor Chmiel, Councilman Berquist, and Councilman Senn '
STAFF PRESENT: Don Ashworth, Todd Gerhardt, and Bob Generous
CONSIDER AMENDMENT TO THE CITY CODE CONCERNING LANDSCAPIING AND TREE '
REMOVAL FOR TRANSITIONAL BUFFERING BETWEEN USES, FIRST READING
After discussion, Councilman Berquist moved and Mayor Chmiel seconded a motion to approve first
reading of this ordinance. During discussion, the Council requested that in bringing this item back for
second reading, staff was to review options for providing 100% screening through a requirement that
neighboring property provide a proportionate share of that screening. '
Councilmember Colleen Dockendorf arrived at 7:15 p.m. I
AMENDMENT TO CITY COUNCIL CONCERNING BL PROTECTION AND SIDE SLOPE
SETBACKS, FIRST READING
Significant discussion occurred between the City Council and Betsy Glaacum regarding the potential
implications of this ordinance in regards to her property and her ability to develop. '
Councilmember Dockendorf moved, Councilmember Berquist seconded, approving the first reading of
this ordinance. Included in the motion was a request to evaluate Betsy Glaacum's property for '
development potential prior to second reading of this ordinance. The motion was approved 4 to 0.
AUTHORIZE DEVELOPMENT OF A STRATEGIC PLAN FOR THE CITY OF CHANHASSEN, I
BRIMEYER GROUP
Following discussion, Councilmember Berquist moved that the City Council accept the proposal '
presented by Brimeyer Group for the development of a strategic plan. Councilmember Senn seconded
the motion. During discussion, the City Council acted to select April 2 and April 16 as the two meeting
dates to develop the strategic plan. Motion was approved 4 to 0. '
Councilmember Mike Mason arrived at 8:15 p.m.
TRUNK HIGHWAY 212 TOLL ROAD PROPOSAL '
Al Klingelhutz was present requesting the City Council support the resolution favoring the construction
of Hwy. 212 as a toll road. The general belief of the City Council was that funding for this roadway '
would be impossible unless the Council did support the toll road concept. Mayor Chmiel briefed the
City Council on comments that had been received during the public hearing which was held in Eden