1e. City Code Amendments: Chapters 18 & 200
CITY OF
CBANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Sharmeen Al -Jaff, Senior Planner
DATE: May 23, 2011 Q K�
SUBJ: City Code Amendment to Chapter 18, Subdivisions and
Chapter 20, Zoning
PROPOSED MOTION:
"The Chanhassen City Council approves the attached city code amendments
and summary ordinance for publication purposes to:
Chapter 18, Subdivisions: Section 18 -57 Streets
Chapter 20, Zoning: Section 20- 407(3) Wetland Protection
Section 20- 505(e) Hard surface coverage
Section 20- 1502(b) Building permits."
Council approval requires a majority of City Council present.
EXECUTIVE SUMMARY:
Section 18 -57 (b) of the City Code addresses private and public street design
standards. Some street classifications reference zoning districts while others
reference land uses. The City Code does not address street standards serving
Mixed Use Developments. This same principle applies to Section 18- 57(0), (p),
(r) and (s). Staff is recommending the City Code be amended to reflect
consistency by referencing land uses.
Section 18- 57(p)(8) addresses the method of calculating density and hard surface
coverage of properties served by private streets. The current City Code permits
areas that are low density - residential and served by a private street to exclude the
hard surface coverage and area of the private street from the overall lot area
calculations; however, any property that is medium or high- density residential or
office, industrial, or commercial is required to calculate both the area and the
impervious surface of the street against the property it serves. The hard surface
coverage requirements should be consistent throughout the districts.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt, City Manager
May 23, 2011
Page 2
Section 20 -407 of the Chanhassen City Code protects wetlands. On August 10, 2009, the City
Council approved an amendment to the City Code moved a section of Chapter 6 to Chapter
20. Staff discovered that Article VI. of the Wetland Protection, Sec. 20- 407(3) still references
Chapter 6.
Staff is recommending the City Code be amended to reference Sec. 20 -920 Structures, Boats and
Waterways.
Section 20 -505 of the City Code sets general standards for all Planned Unit Developments
within the City of Chanhassen. Hard surface coverage is calculated based on the Comprehensive
Plan Designation. These designations include residential, office, commercial, industrial and
mixed use. The comprehensive plan mandates that all properties guided mixed use be developed
as a Planned Unit Development. The current code does not address Mixed Use Developments.
Staff is recommending the City Code be amended to reflect a 70% hard surface coverage for all
properties guided Mixed Use.
Section 20 -1502 of the City Code addresses building permit requirements for Towers and
Antennas. The current language in the City Code addressing towers and antennas references the
Uniform Building Code. The City has adopted the International Building Code. Staff is
recommending the language be amended to reference the Building Code in effect.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing to review the proposed ordinance amendments.
The Planning Commission voted unanimously in favor of a motion recommending approval of
the amendments.
The May 3, 2011 Planning Commission minutes are item 1 a of this City Council packet.
RECOMMENDATION
Staff and the Planning Commission recommend the City Council approve the attached city code
amendments and summary ordinance for publication purposes to:
Chapter 18, Subdivisions: Section 18 -57 Streets
Chapter 20, Zoning: Section 20- 407(3) Wetland Protection
Section 20- 505(e) Hard surface coverage
Section 20- 1502(b) Building permits
ATTACHMENTS
1. Ordinance Amendment to Chapter 18, Subdivisions and Chapter 20, Zoning.
2. Summary Ordinance for Publication Purposes.
3. Planning Commission staff report dated September 21, 2010.
g: \plan \city code\2011\2011 -05 chapters 18 and 20 \cc cover memo.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISION
AND CHAPTER 20, ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 18 -57 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(b) Street right -of -way widths shall be consistent with the comprehensive plan and official map,
and shall conform to county and state standards for trunk highways. If no such plans or
standards are applicable, right -of -way and pavement widths shall not be less than the
following:
Street Classifications
Right -of -Way
Widths (feet)
Roadway/Pavement
Width (feet
Minor arterial
100
36
Collector
80
36
Local street (rural residential)
60
24
Local street (urban residential)
60
31
Local street (commercial /industrial)
60
36
Cul -de -sac, turnaround radius (urban/residential)
60
45.5
Cul -de -sac, turnaround radius (rural residential)
60
40
Cul -de -sac, turnaround radius (commercial /industrial)
60
48
Private Street-( serving residential sefv4ng A 2,,
RR. RSF R 4 yr N4(wh development with a
densit of less than 4 units per acre)
30
20
Private Street {serving residential sefvi,,n R n4
development with a density equal to or
greater than 4 units per acre R R 12, R 16)
40
24
Private Street serving commercial, office, office
industrial or mixed -use development
40
26
Section 2 . Section 18 -57(o) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(o) Private streets may be permitted in commercial, office, office industrial, residential with
a density equal to or greater than 4 units per acre or mixed -use developments business,
industfial, offiee, LN4 (when equal to of t , _. and
R46 if the city finds the following conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to constrict a
public street. In making this determination the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources including wetlands and forested areas.
Section 3 . Section 18 -57(p) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(p) Private street standards. If the use of a private street is to be allowed, it shall be subject to
the following standards:
(1) The common sections of a private street serving two units or more in a development
with a density of !he A 2, RR, RW R'', and m r4. 4 e n less than four units per acre)
d iets must be built to a seven -ton design, paved to a width of 20 feet, utilize a
maximum grade of ten percent, and provide a turnaround area acceptable to the fire
marshal based upon guidelines provided by applicable fire codes. Private streets serving
residential developments with a density nT r � equal to or greater than four
units per acre " 8 R 12, a nd R 16, shall be built to a seven -ton design, paved a
minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a
turnaround acceptable to the fire marshal based on applicable fire codes. Private streets
serving business and 'offi di -ie6 commercial, office, office industrial or
mixed -use development shall be built to a nine -ton design, paved a minimum width of
26 feet, utilize a maximum grade of ten percent, and provide a turnaround area
acceptable to the fire marshal based on guidelines provided by applicable fire codes.
Private streets serving a residential component only, within a mixed -use
development may be built to a seven -ton design, paved a minimum width of 24
feet, utilize a maximum grade of ten percent, and provide a turnaround
acceptable to the fire marshal based on applicable fire codes. Plans for the street
shall be submitted to the city engineer. Upon completion of the private street, the
applicant shall submit a set of "as- built" plans signed by a registered civil engineer.
0)
(2) Private streets must be maintained in good condition and plowed within 24 hours of a
snowfall greater than two inches. Covenants concerning maintenance shall be filed
against all benefiting properties. Parking on the private street or otherwise blocking all
or part of the private street shall be prohibited.
(3) Private streets that are not usable by emergency vehicles because of obstructions, snow
accumulation, or poor maintenance are a public safety hazard. The city may remedy
such conditions and assess the cost back to the property pursuant to M.S. § 429.101,
subd. 1(C).
(4) The private street design shall be provided include adequate drainage facilities to
convey storm runoff which may require hydrologic calculations for a ten -year storm
event be inelude M Private streets serving residential` developments with a
density the of N4 (w equal to or greater than four units per acre 1? ,8, F 12, R 16
zbegin°°°, indlu,tfial, and ^ , commercial, office, office industrial, or mixed -use
districts, fhese ;., pr - ,. ents shall include concrete curb and gutter.
(5) Street addresses or city approved street name sign, if required, must be posted at the
point where the private street intersects the public right -of -way.
(6) The private street shall be designed to minimize impacts upon adjoining parcels. The
city may require revised alignments, specific building orientation, increased setbacks,
and landscaping to minimize impacts. An erosion control plan should be completed and
approved prior to construction.
(7) The private street in A . R � R r-, R 4 and -R new serving residential
development with a density of less than four units per acre) 4*, ricts. must be located
within a strip of property at least 30 feet wide extending out to the public right -of -way
or covered by a 30 -foot wide easement that is permanently recorded over all benefited
and impacted parcels. Neither the area within the easement for the private street nor the
impervious surface of the private street shall be included within the calculation of the
lot area or lot coverage of the lot in which the easement is located. Once the private
street terminates, the area of the easement and impervious surface of the driveway shall
be included in the calculation of lot area and lot coverage for the lot.
(8) Private streets serving residential development with a density RT'"an equal to or
greater than four units per acre, commercial, office, office industrial, or mixed -used
R 8 v im' , R 16 , business indust a of� e` districts, must be located within a strip
of property at least 40 feet wide extending out to the public right -of -way or covered by
a 40 -foot wide easement that is permanently recorded over all benefited and impacted
parcels. Both the afea and the impefvious saFface of the easement aiid pfivate street
shall be ineluded in the ealculation of lot area and lot coverage of the lot in whieh the
°^ —mit is loeated. Neither the area within the easement for the private street nor
the impervious surface of the private street shall be included within the calculation
of the lot area or lot coverage of the lot in which the easement is located. Once the
private street terminates, the area of the easement and impervious surface of the
driveway shall be included in the calculation of lot area and lot coverage for the
lot.
(9) Maintenance and repair of private utilities located within the private street shall be the
responsibility of the benefiting property.
Section 4 . Section 18 -57(r) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(r) Flag lots may be permitted in the A2, nn, RSF and ° 1l residential districts with a density
of less than four units per acre, if the criteria in variance section 18 -22 are met and upon
consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public /private street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public or
a private street system is not required to serve other parcels in the area, improve access,
or to provide a street system consistent with the comprehensive plan.
(3) The use of a flag lot will permit enhanced protection of the city's natural resources,
including wetlands and protected areas.
Section 5 . Section 18 -57(s) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(s) Private streets serving up to four lots may be permitted in the A?_-PR RSF. R/l and PzM
(w 4wen residential developments with a density of less than four units per acre) dist r-iets if
the criteria in variance section 18 -22 are met and upon consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources, including wetlands and protected areas.
4
Section 6 . Section 20 -407 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Section 20 -407. Permit required.
No person shall drain, excavate in the permanent or semi - permanent flooded areas of open water
wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having
a wetland replacement plan or other determination approved by the city. Draining, grading,
excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a
wetland of any size or type not subject to an exemption under section 20 -417 of this article
requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit
includes, but is not limited to:
(1) Construction of new streets and utilities.
(2) Creation of ponds or dams and alterations of the natural drainageways of water courses.
This shall only be allowed as part of a mitigation project, or to restore or improve the
function and value of the wetland.
(3) Installation of boardwalks and docks. Docks shall meet the additional requirements in
c 6 ar Section 20 -920 Structures, Boats and Waterways of this Code.
(4) Discharge of untreated stormwater runoff into wetlands.
(5) Changes in wetland hydrology that result in an increase in the ordinary high water level of
a wetland by more than 12 inches.
Section 7 . Section 20- 505(e) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(e) Hard surface coverage shall be limited as follows:
Comprehensive Plan Designation
Hard Surface
Coverage ( %)
Low or medium density residential
30
High density residential
50
Office
70
Commercial (neighborhood or community)
70
Commercial (regional)
70
Industrial
70
TOO
5
Section 8 . Section 20- 1502(b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(b) The applicant shall provide, at the time of application for a building permit, sufficient
information to indicate that construction, installation and maintenance of the antenna and
tower will be in compliance with applicable
AW
Building Code requirements.
Section 9 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 23` day of May, 2011, by the City Council of the City of
Chanhassen, Minnesota.
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Villager on
g: \plan \city code\2011 \chapter 18 and 20 \amendment ordinance.doc
on
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
AMENDING
CHAPTERS 18 AND 20 OF THE CHANHASSEN CITY CODE
The purpose of this code amendment is to amend the subdivision and zoning ordinances as
follows:
Amend Sections 18 -57 (b) to set standards for streets serving the mixed use
developments.
Amend Section 18- 57(b), (o), (p), (r) and (s) to reflect consistency by referencing land
uses.
Amend Section 18- 57(p)(8) to addresses the method of calculating density and hard
surface coverage of medium, high- density residential, office, industrial, or commercial
properties served by private streets.
Amend Section 20- 407(3) to reference Sec. 20 -920 Structures, Boats and Waterways
when addressing wetlands.
Amend Section 20- 505(e) to reflect a hard surface coverage standard of 70% for
properties guided mixed use development.
Amend Section 20 -1502 to reference the Building Code in effect.
A printed copy of Ordinance No. 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 23 day of May,
2011, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
I:
AND
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager /Clerk
(Published in the Chanhassen Villager on
G' \PLAN \City Code\2011\2011 -05 Chapters 18 and 20 \Summary Ordinance.doc
1VT
MEMORANDUM
Phone: 952.227.1100
TO:
Planning Commission
CITY OF
On April 5, 2011, staff presented an issue paper addressing potential amendments
CUMNSEN
to the Chanhassen City Code. They included the following:
Sharmeen Al -Jaff, Senior Planner
7700 Market Boulevard
DATE:
May 3, 2011
PO Box 147
Chapter 18, Subdivisions: Section 18 -57 Streets (pages 1 -5)
Chanhassen, MN 55317
SUBJ:
City Code Amendments
Administration
Section 18 -57. Streets
Phone: 952.227.1100
BACKGROUND
Fax: 952.227.1110
This section of the City Code addresses private and public street design standards.
On April 5, 2011, staff presented an issue paper addressing potential amendments
Building Inspections
to the Chanhassen City Code. They included the following:
Phone: 952.227.1180
Fax: 952.227.1190
Fax: 952.227.1404
Chapter 18, Subdivisions: Section 18 -57 Streets (pages 1 -5)
Engineering
Phone: 952.227.1160 Chapter 20, Zoning: Section 20- 407(3) Wetland Protection (pages 5 -6)
Fax: 952.227.1170 Section 20- 505(e) Hard surface coverage (pages 6 -7)
Finance Section 20 -1502 Building permits (page 7)
Phone: 952.227.1140
Fax: 952.227.1110 ANALYSIS
Park & Recreation
Section 18 -57. Streets
Phone: 952.227.1120
Fax: 952.227.1110
This section of the City Code addresses private and public street design standards.
The width and design of a street relies on the district it serves. There are several
Recreation Center
issues that need to be addressed.
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Section 18 -57(b) lists street classifications, right -of -way width and
roadway /pavement width. Some street classifications reference zoning districts
Planning &
while others reference land uses. Also, land uses within the City of Chanhassen
Natural s
Resources
Phone: l Resource
include residential, commercial, office and industrial. There are areas within the
Fax: 952.227.1110
City that permit mixed uses which consist of residential, office, and commercial.
Currently, there are no street standards serving mixed -use developments.
Public Works
7901 Park Place
Section 18- 57(o), (p), (r) and (s) list the design standards for private streets. They
Phone: 952.227.1300
also reference zoning districts and land uses. Staff is recommending the City
Fax: 952.227.1310
Code be amended to reflect consistency by referencing land uses.
Senior Center Section 18- 57(p)(8) addresses the method of calculating density and hard surface
Phone: 952.227.1125
Fax: 952.227.1110 coverage of properties served by private streets. The current City Code permits
areas that are low density - residential and served by a private street to exclude the
Web Site hard surface coverage and area of the private street from the overall lot area
www.ci.chanhassen.mn.us calculations; however, any property that is medium or high- density residential or
Chanhassen is a Community for Life - Providing for Today and Planning far Tomorrow
Planning Commission
Code Amendments
May 3, 2011
Page 2
office, industrial, or commercial is required to calculate both the area and the impervious surface
of the street against the property it serves. This is an onus requirement that unduly penalizes
properties guided other than low density - residential. Any development that utilizes a private
street must provide drainage calculations and demonstrate that the runoff is adequately
accommodated. The paved portion is housed within a 40 -foot easement or right -of -way. The
criteria that list the maintenance requirements for all uses within any zoning district are identical.
The hard surface coverage requirements should be consistent throughout the districts as well.
Staff is recommending the City Code be amended as shown below:
Section 18 -57. Streets
(b) Street right -of -way widths shall be consistent with the comprehensive plan and official map,
and shall conform to county and state standards for trunk highways. If no such plans or
standards are applicable, right -of -way and pavement widths shall not be less than the
following:
Street Classifications
Right -of -Way
Roadway /Pavement
Widths (feet)
Width (feet)
Minor arterial
100
36
Collector
80
36
Local street (rural residential)
60
24
Local street (urban residential)
60
31
Local street (commercial /industrial)
60
36
Cul -de -sac, turnaround radius
60
45.5
(urban/residential)
Cul -de -sac, turnaround radius (rural
60
40
residential)
Cul -de -sac, turnaround radius
60
48
(commercial /industrial)
Private Street4 serving residential sefvin
RR, R D 4 DT TA(w4,o„
30
20
development with a density of less than 4
units per acre)
Private Street (serving residential serwin g
40
24
PAM development with a density
equal to or greater than 4 units per acre}�-
Q R 17 R 16)
Private Street serving commercial, office,
40
26
office industrial or mixed - use - development
Planning Commission
Code Amendments
May 3, 2011
Page 3
(o) Private streets may be permitted in commercial, office, office industrial, residential with
a density equal to or greater than 4 units per acre or mixed -use developments bps,
industr-ial, offiee, RLM (when equal te of greater- than fauf units per- , R 9, R 12,
R46 if the city finds the following conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to constrict a
public street. In making this determination the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources including wetlands and forested areas.
(p) Private street standards. If the use of a private street is to be allowed, it shall be subject to
the following standards:
(1) The common sections of a private street serving two units or more in a development
with a density of e A 2, RR , RSF, T'" and R T " ( - -, less than four units per acre)
its must be built to a seven -ton design, paved to a width of 20 feet, utilize a
maximum grade of ten percent, and provide a turnaround area acceptable to the fire
marshal based upon guidelines provided by applicable fire codes. Private streets serving
residential developments with a density R1 equal to or greater than four
units per acre " 4 , " 12 and D 16, shall be built to a seven -ton design, paved a
minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a
turnaround acceptable to the fire marshal based on applicable fire codes. Private streets
serving b ti si ess indtistfia4 and ^rfi^° di_SAH ^e commercial, office, office industrial or
mixed -use development shall be built to a nine -ton design, paved a minimum width of
26 feet, utilize a maximum grade of ten percent, and provide a turnaround area
acceptable to the fire marshal based on guidelines provided by applicable fire codes.
Private streets serving a residential component only, within a mixed -use
development may be built to a seven -ton design, paved a minimum width of 24
feet, utilize a maximum grade of ten percent, and provide a turnaround
acceptable to the fire marshal based on applicable fire codes. Plans for the street
shall be submitted to the city engineer. Upon completion of the private street, the
applicant shall submit a set of "as- built" plans signed by a registered civil engineer.
(2) Private streets must be maintained in good condition and plowed within 24 hours of a
snowfall greater than two inches. Covenants concerning maintenance shall be filed
against all benefiting properties. Parking on the private street or otherwise blocking all
or part of the private street shall be prohibited.
Planning Commission
Code Amendments
May 3, 2011
Page 4
(3) Private streets that are not usable by emergency vehicles because of obstructions, snow
accumulation, or poor maintenance are a public safety hazard. The city may remedy
such conditions and assess the cost back to the property pursuant to M.S. § 429.101,
subd. 1(C).
(4) The private street design shall be provided 13 include adequate drainage facilities to
convey storm runoff which may require hydrologic calculations for a ten -year storm
event shetild be inel a °a . In Private streets serving residential developments with a
density the ° f M (w h °^ equal to or greater than four units per acre n 8, n 12, v 1
business, industrial and ^fAe° commercial, office, office industrial, or mixed -use
districts, these ;mpr -eveme is shall include concrete curb and gutter.
(5) Street addresses or city approved street name sign, if required, must be posted at the
point where the private street intersects the public right -of -way.
(6) The private street shall be designed to minimize impacts upon adjoining parcels. The
city may require revised alignments, specific building orientation, increased setbacks,
and landscaping to minimize impacts. An erosion control plan should be completed and
approved prior to construction.
(7) The private street in the n 2, RR, RSF v n and vT ^a (when serving residential
development with a density of less than four units per acre -dimes must be located
within a strip of property at least 30 feet wide extending out to the public right -of -way
or covered by a 30 -foot wide easement that is permanently recorded over all benefited
and impacted parcels. Neither the area within the easement for the private street nor the
impervious surface of the private street shall be included within the calculation of the
lot area or lot coverage of the lot in which the easement is located. Once the private
street terminates, the area of the easement and impervious surface of the driveway shall
be included in the calculation of lot area and lot coverage for the lot.
(8) Private streets serving residential development with a density RLN4 (wher. equal to or
greater than four units per acre, commercial, office, office industrial, or mixed -use)
R Q o 12, D 16 b u sin e s s industrial and office districts, must be located within a strip
of property at least 40 feet wide extending out to the public right -of -way or covered by
a 40 -foot wide easement that is permanently recorded over all benefited and impacted
parcels.
shall be ineluded in the e ulation of lot area and lot eovefage- of the lot in whieh the
* is located. Neither the area within the easement for the private street nor
the impervious surface of the private street shall be included within the calculation
of the lot area or lot coverage of the lot in which the easement is located. Once the
private street terminates, the area of the easement and impervious surface of the
driveway shall be included in the calculation of lot area and lot coverage for the
lot.
(9) Maintenance and repair of private utilities located within the private street shall be the
responsibility of the benefiting property.
Planning Commission
Code Amendments
May 3, 2011
Page 5
(q) Private reserve strips controlling public access to streets shall be prohibited.
(r) Flag lots may be permitted in the A 2 RR, RSF and R4 residential districts with a density
of less than four units per acre, if the criteria in variance section 18 -22 are met and upon
consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public /private street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public or
a private street system is not required to serve other parcels in the area, improve access,
or to provide a street system consistent with the comprehensive plan.
(3) The use of a flag lot will permit enhanced protection of the city's natural resources,
including wetlands and protected areas.
(s) Private streets serving up to four lots may be permitted in the A2 RR, RSF, R4 -ands
(when residential developments with a density of less than four units per acre dimes if
the criteria in variance section 18 -22 are met and upon consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources, including wetlands and protected areas.
Section 20 -407. Permit required
This section of the City Code protects wetlands. On August 10, 2009, the City Council approved
an amendment to the City Code that moved a section of Chapter 6 which addresses structures, to
Chapter 20. Structures such as docks or any other accessory use is addressed in Chapter 20,
Zoning. The zoning ordinance contains standards for uses as well as the process for relief from
these standards (variance criteria).
Staff discovered that Article VI. Wetland Protection, Sec. 20- 407(3) still references Chapter 6.
Staff is recommending the City Code be amended as shown below to reference Sec. 20 -920
Structures, Boats and Waterways.
Planning Commission
Code Amendments
May 3, 2011
Page 6
Section 20 -407. Permit required.
No person shall drain, excavate in the permanent or semi - permanent flooded areas of open water
wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having
a wetland replacement plan or other determination approved by the city. Draining, grading,
excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a
wetland of any size or type not subject to an exemption under section 20 -417 of this article
requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit
includes, but is not limited to:
(1) Construction of new streets and utilities.
(2) Creation of ponds or dams and alterations of the natural drainageways of water courses.
This shall only be allowed as part of a mitigation project, or to restore or improve the
function and value of the wetland.
(3) Installation of boardwalks and docks. Docks shall meet the additional requirements in
ehapte.. 6 , .,.bil 11 Section 20 -920 Structures, Boats and Waterways of this Code.
(4) Discharge of untreated stormwater runoff into wetlands.
(5) Changes in wetland hydrology that result in an increase in the ordinary high water level of
a wetland by more than 12 inches.
Section 20 -505. Required general standards
This section of the City Code sets general standards for all Planned Unit Developments within
the City of Chanhassen. Hard surface coverage is calculated based on the Comprehensive Plan
Designation. These designations include residential, office, commercial, industrial and mixed
use. The comprehensive plan mandates that all properties guided mixed use be developed as a
Planned Unit Development. These properties may include uses that are high- density residential
and/or neighborhood commercial. If a multi -story building had retail on the first floor and
residential units on the upper floors, there is no hard surface standard set in the City Code to
address such a situation.
Staff is recommending Section 20- 505(e) of the City Code be amended as shown below to reflect
a hard surface coverage standard of 70% for properties guided mixed use as identified in the
comprehensive plan. The City Code amendment shall read as follows:
Planning Commission
Code Amendments
May 3, 2011
Page 7
Section 20- 505(e)
(e) Hard surface coverage shall be limited as follows:
Comprehensive Plan Designation
Hard Surface
Coverage ( /o)
Low or medium density residential
30
High density residential
50
Office
70
Commercial (neighborhood or community)
70
Commercial (regional)
70
Industrial
70
NVlixed Use
70
Section 20 -1502. Building permits
This section of the City Code addresses building permit requirements for Towers and Antennas.
The current language in the City Code addressing towers and antennas references the Uniform
Building Code. The City has adopted the International Building Code. Staff is recommending
the language be amended to reference the Building Code in effect.
Staff is recommending the City Code be amended as shown below
Section 20 -1502. Building permits.
(b) The applicant shall provide, at the time of application for a building permit, sufficient
information to indicate that construction, installation and maintenance of the antenna and
tower will be in compliance with applicable T TrT Building Code requirements.
RECOMMENDATION
Staff recommends the Planning Commission recommend approval of the attached city code
amendments to:
Chapter 18, Subdivisions: Section 18 -57 Streets
Chapter 20, Zoning: Section 20- 407(3) Wetland Protection
Section 20- 505(e) Hard surface coverage
Section 20- 1502(b) Building permits
Planning Commission
Code Amendments
May 3, 2011
Page 8
ATTACHMENT
1. Ordinance Amendment to Chapter 18, Subdivision and Chapter 20, Zoning.
G:\PLAN \City Code\2011 \Chapter 18 and 20 \Staff Report PC.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISION
AND CHAPTER 20, ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 18 -57 (b) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(b) Street right -of -way widths shall be consistent with the comprehensive plan and official map,
and shall conform to county and state standards for trunk highways. If no such plans or
standards are applicable, right -of -way and pavement widths shall not be less than the
following:
Street Classifications
Right -of -Way
Roadway /Pavement
Widths (feet)
Width (feet)
Minor arterial
100
36
Collector
80
36
Local street (rural residential)
60
24
Local street (urban residential)
60
31
Local street (commercial /industrial)
60
36
Cul -de -sac, turnaround radius (urban/residential)
60
45.5
Cul -de -sac, turnaround radius (rural residential)
60
40
Cul -de -sac, turnaround radius
60
48
(commercial /industrial)
Private Street4 serving residential serer -2,
30
20
RR, RSF, " '' vT M( he development with a
density of less than 4 units per acre)
Private Street (serving residential se ,;r R M
40
24
O A4i,en development with a density equal to or
greater than 4 units per acre n Q R 12-,4-1 r,`
Private Street serving commercial, office, office
40
26
industrial or mixed -use development
In
Section 2 . Section 18 -57(o) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(o) Private streets may be permitted in commercial, office, office industrial, residential with
a density equal to or greater than 4 units per acre or mixed -use developments
industr-ial, affiee, Rl=N4 (when equal to or- greater- than four- units PeF aere), R 8, R 12, a
R-46 if the city finds the following conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to constrict a
public street. In making this determination the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources including wetlands and forested areas.
Section 3 . Section 18 -57(p) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(p) Private street standards. If the use of a private street is to be allowed, it shall be subject to
the following standards:
(1) The common sections of a private street serving two units or more in a development
with a density of the A --? RR, RSF, R4, and RT=N4 (A � less than four units per acre)
distr -iots must be built to a seven -ton design, paved to a width of 20 feet, utilize a
maximum grade of ten percent, and provide a turnaround area acceptable to the fire
marshal based upon guidelines provided by applicable fire codes. Private streets serving
residential developments with a density DT " en equal to or greater than four
units per acre p 8, p 12 and ° 16, shall be built to a seven -ton design, paved a
minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a
turnaround acceptable to the fire marshal based on applicable fire codes. Private streets
serving busi indus+^^' and ^rfi^° aisle -ie commercial, office, office industrial or
mixed -use development shall be built to a nine -ton design, paved a minimum width of
26 feet, utilize a maximum grade of ten percent, and provide a turnaround area
acceptable to the fire marshal based on guidelines provided by applicable fire codes.
Private streets serving a residential component only, within a mixed -use
development may be built to a seven -ton design, paved a minimum width of 24
feet, utilize a maximum grade of ten percent, and provide a turnaround
acceptable to the fire marshal based on applicable fire codes. Plans for the street
shall be submitted to the city engineer. Upon completion of the private street, the
applicant shall submit a set of "as- built" plans signed by a registered civil engineer.
2
(2) Private streets must be maintained in good condition and plowed within 24 hours of a
snowfall greater than two inches. Covenants concerning maintenance shall be filed
against all benefiting properties. Parking on the private street or otherwise blocking all
or part of the private street shall be prohibited.
(3) Private streets that are not usable by emergency vehicles because of obstructions, snow
accumulation, or poor maintenance are a public safety hazard. The city may remedy
such conditions and assess the cost back to the property pursuant to M.S. § 429.101,
subd. 1(C).
(4) The private street design shall be ,.,-.,vide.) include adequate drainage facilities to
convey storm runoff which may require hydrologic calculations for a ten -year storm
event be inelt de . In Private streets serving residential developments with a
density the Dr M (.,, equal to or greater than four units per acre R 8- 1? 12 , R 16
b u si ness i n d ustr -i ' and ^ffi^° commercial, office, office industrial, or mixed -use
districts, thes imp - ^vements shall include concrete curb and gutter.
(5) Street addresses or city approved street name sign, if required, must be posted at the
point where the private street intersects the public right -of -way.
(6) The private street shall be designed to minimize impacts upon adjoining parcels. The
city may require revised alignments, specific building orientation, increased setbacks,
and landscaping to minimize impacts. An erosion control plan should be completed and
approved prior to construction.
(7) The private street in e-4 2, RR, v cF v ^ an d D T M (when serving residential
development with a density of less than four units per acre di s t f i e t s , must be located
within a strip of property at least 30 feet wide extending out to the public right -of -way
or covered by a 30 -foot wide easement that is permanently recorded over all benefited
and impacted parcels. Neither the area within the easement for the private street nor the
impervious surface of the private street shall be included within the calculation of the
lot area or lot coverage of the lot in which the easement is located. Once the private
street terminates, the area of the easement and impervious surface of the driveway shall
be included in the calculation of lot area and lot coverage for the lot.
(8) Private streets serving residential development with a density RT M equal to or
greater than four units per acre, commercial, office, office industrial, or mixed -used
D 8, R 12 F 16, business, indtis*r�',- and afflee districts, must be located within a strip
of property at least 40 feet wide extending out to the public right -of -way or covered by
a 40 -foot wide easement that is permanently recorded over all benefited and impacted
parcels. Both the area and the i ' ir-face of the easement and pfivate str
shall be ineluded in the e r-'IIIAtie
of lot afea and lot cover-age of the lot in whiek th
°r* � leeated. Neither the area within the easement for the private street nor
the impervious surface of the private street shall be included within the calculation
of the lot area or lot coverage of the lot in which the easement is located. Once the
private street terminates, the area of the easement and impervious surface of the
driveway shall be included in the calculation of lot area and lot coverage for the
lot.
(9) Maintenance and repair of private utilities located within the private street shall be the
responsibility of the benefiting property.
Section 4 . Section 18 -57(r) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(r) Flag lots may be permitted in *ti=re A2, RR, RSr -and R4 residential districts with a density
of less than four units per acre, if the criteria in variance section 18 -22 are met and upon
consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public /private street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public or
a private street system is not required to serve other parcels in the area, improve access,
or to provide a street system consistent with the comprehensive plan.
(3) The use of a flag lot will permit enhanced protection of the city's natural resources,
including wetlands and protected areas.
Section 5 . Section 18 -57(s) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(s) Private streets serving up to four lots may be permitted in the A�F, RSF, R4 and RLM
( when residential developments with a density of less than four units per acre dimes if
the criteria in variance section 18 -22 are met and upon consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public street. In making this determination, the city may consider the location of
existing property lines and homes, local or geographic conditions and the existence of
wetlands.
(2) After reviewing the surrounding area, it is concluded that an extension of the public
street system is not required to serve other parcels in the area, improve access, or to
provide a street system consistent with the comprehensive plan.
(3) The use of a private street will permit enhanced protection of the city's natural
resources, including wetlands and protected areas.
2
Section 6 . Section 20 -407 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Section 20 -407. Permit required.
No person shall drain, excavate in the permanent or semi - permanent flooded areas of open water
wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having
a wetland replacement plan or other determination approved by the city. Draining, grading,
excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a
wetland of any size or type not subject to an exemption under section 20 -417 of this article
requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit
includes, but is not limited to:
(1) Construction of new streets and utilities.
(2) Creation of ponds or dams and alterations of the natural drainageways of water courses.
This shall only be allowed as part of a mitigation project, or to restore or improve the
function and value of the wetland.
(3) Installation of boardwalks and docks. Docks shall meet the additional requirements in
ehapter 6, ai4ie ° TT Section 20 -920 Structures, Boats and Waterways of this Code.
(4) Discharge of untreated stormwater runoff into wetlands.
(5) Changes in wetland hydrology that result in an increase in the ordinary high water level of
a wetland by more than 12 inches.
Section 7 . Section 20- 505(e) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(e) Hard surface coverage shall be limited as follows:
Comprehensive Plan Designation
Hard Surface Covera a ( %)
Low or medium density residential
30
High density residential
50
Office
70
Commercial (neighborhood or community)
70
Commercial (regional)
70
Industrial
70
* W" . "
779
Section 8 . Section 20- 1502(b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(b) The applicant shall provide, at the time of application for a building permit, sufficient
information to indicate that construction, installation and maintenance of the antenna and
tower will be in compliance with applicable Building Code requirements.
Section 9 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of , 2011, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
gAplan \city code\2011 \chapter 18 and 20\amendment ordinance.doc
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