1e. Amendment to Chapter 18 of City Code Regarding Platting Procedures' On 7/10/95, the City Council approved
first reading of the amendment. Second
and final reading and approval of the
summary for publication is recommended.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA f
' ORDINANCE NO. /
AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE
CHANHASSEN CITY CODE
' The City Council of the City of Chanhassen ordains:
Section 1. Section 18 -37 (a), is amended to read as follows:
(a) The E4ty-C4erk Zoning Administrator shall certify that the following conveyances
are exempt from platting if the new and residual parcels meet the minimum requirements of
the zoning ordinance for a buildable lot and are on an existing public street. The applicant
shall furnish the city a survey prepared and signed by a registered land surveyor for review:
(1) Dividing a platted lot to add a portion of the lot to an abutting lot;
(2) Dividing a metes and bounds parcel to add a portion of the parcel to an
abutting parcel;
' (3) In areas outside the Metropolitan Council's 1990 urban service area, the
separation of a parcel into two (2) or three (3) parcels if all resulting parcels
are capable of being further subdivided into buildable lots under the zoning
ordinance.
Section 2. Section 18- 39(f)(7)(b) and (c), is amended to read as follows:
' (f) The findings necessary for city council approval of the preliminary plat and the
final plat shall be as follows:
' 7 The proposed subdivision is not premature. A subdivision is premature
() if any of the following exists:
' b Lack of ftdequftft re dedicated and improved public streets.
' (c) Lack of adequate sanitary sewer systems and not ISTS
(Individual Sewer Treatment System).
' Section 3. Section 18 -40 (2)(f) and (4)(c) is amended to read as follows:
(2) Existing conditions:
1
(f) Topographic data within the property to be subdivided and one hundred
(100) feet beyond the property boundary showing contours as follows:
two -foot intervals where slope is Severn (7) ten (10) percent or less, five
foot intervals where a slope is seven (�7) ten (10) to fifteen (15) percent;
ten -foot intervals where slope is greater than fifteen (15) percent. All
areas of the subdivision to be platted with a slope greater than twenty -
five (25) percent must be clearly indicated. However, on undevelopable
sections or larger acre lots topographic data may be reduced to
significant physical characteristics, such as top and toe of slope, if in the
opinion of the city the area is viewed as unsuitable for future
subdivision. Location and elevations of on -site and abutting water
courses, lakes, wetlands, rivers, streams, and marshes at date of survey
and their ordinary high water mark plus approximate high and low
water elevations shall also be shown. Where the subdivision borders a
lake, river or stream, a meander line shall be established at an elevation
two (2) feet above the recorded high water elevation of the lake, river or
stream. Flood plains areas, location of wooded areas, rocky outcrops,
power transmission poles and lines and other significant physical
features shall also be shown.
(4) Supplementary Information:
(c) A drainage plan for the area indicating the direction and rate of natural
storm water runoff and those tmaltered unallotted areas where storm
water collects and percolates into the ground. A proposed drainage plan
for the developed site indicating the direction and rate of runoff and
those areas where storm water will collect and percolate into the ground
shall also be included. Storm water shall be consistent with the storm
water management.
Section 4. Section 18 -41 (e), is amended to read as follows:
(e) Upon approval of the final plat by the city council, the city shall notify the
applicant of the approval and within thirty (30)days thereafter, the applicant or
the city attorney shall file the final plat with the county recorder and shall
furnish the city evidence of such recording. Failure of the applicant to comply
shall be cause for revoking the city's approval.
Section 5. Section 18- 57(q), is hereby added as follows:
(q) Flag lots may be permitted in the A2, RR, RSF and R4 if the city finds the
following conditions exist:
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(1) The prevailing development pattern makes it unfeasible or inappropriate
to constrict 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 private street will permit enhanced protection of the city's
natural resources including wetlands and protected areas.
trees:
n
Section 6, Section 18 -58 is amended to read as follows:
Alleys are prohibited except for fire lanes in commercial and industrial developments
or if approved as a part of a PUD.
Section 'L Section 18- 60(a), is amended and add (i) as follows:
(a) All lots shall abut for their full required minimum frontage on a publicly
dedicated street as required by the zoning ordinance or on a private die street
or a flag lot which shall have a minimum of thirty (30) feet of frontage.
(i) Driveway grades shall be a minimum of one -half (%) percent and a maximum
grade of ten (10) percent.
Section 7, Section 18 -61(a) (1), amend as noted, the misspelled scientific names of
11 :
Betula payryiter
Betula pendula icciminta
Fraxinus pennsylvanica
Gleditsia tricanthos (all varieties listed)
Gymnocladus dioica
Acer innala
Malus bacata columnaris
Prunus 'Newport'
Syringa amurensis japonica
Picea gauca densata
Picea pungens glauca
Pseudotsuga Menziesii
Thuja occidentalis
Corrected (underline"
Betula and
Betula pendula Malecallica '
Fraxinus pennsylvanica Marshall's Seedless
Gleditsia triacanthos
Gymnocladus dioicu,
Acer Einnala
Malus bacgata columnaris
Prunus cerasife 'Newport'
Syringa reticulata
Picea glauca densata
Picea pungens 'filauca'
Pseudotsuga jpenziesii
Thuja occidentalis Techny
3
Section 8. Section 20 -1, Definitions, is amended and by adding the following definitions:
Dwelling, two-family - Means a detached building containing two (2) dwelling units. Two -
family (attached) dwelling is a type of low density dwelling.
Impervious Surface - Any material that substantially reduces or prevents the infiltration of
storm water. It shall include, but not be limited to, gravel driveways, parking area, buildings
and structures.
Light Industrial - The manufacturing, compounding, processing, assembling, packaging or
testing of goods or equipment or research activities entirely within an enclosed structure, with
no outdoor storage. There shall be negligible impact upon the surrounding environment by
noise, vibration, smoke, dust or pollutants.
Office - Professional and business office, non - retail activity. Used for conducting the affairs
of a business profession, service, industry or government.
Home Occupation - means any oeetipation besirtess or Prefessia.r V{L1YYVan by a residen
Yr 1
- .1 111 ` g rti� An occupation profession
MGV VSSIJY' M
activity or use that is clearly a customary, incidental, and secondary use of a residential
dwelling unit and which does not alter the exterior of the property or affect the residential
character of the neighborhood.
Vocational School - Establishments primarily engaged in offering specialized vocational
courses, including schools such as banking, commercial art, construction equipment,
correspondence schools, nursing schools, real estate schools, restaurant operation, trade
schools and truck driving schools.
Family - One or more persons occupying a premises and living as a single relatively
permanent housekeeping unit as distinguished from a group occupying a boarding house or a
hotel. Gisbi.. , 1'a'liuilGC
or law, or loup o f not more then five �/V1J�'aiJ iYQ'ii�iy, het&G-
who need not be so related,
inn �U&
Restaurant - standard means an establishment where principal business is the sale of food
and /or beverages including alcohol to customers in a ready to consume state, and whose
principal method of operation includes one (1) or both of the following characteristics:
Tree - shall mean a woody plant which at maturity is 13 to 20 feet or more in height, with a
single trunk, unbranched for at least several feet above the ground, and having a more or less
definite crown.
Shrub - shall mean a woody plant that remains low and produces several erect, spreading, or
prostrate stems from the base, and is not usually tree -like or single- stemmed.
4
Sign, flag - means any fabric banner used as a symbol of a government, political, subdivision
' or other identity. Corporation flags shall not exceed (12) square feet and MY be shvff may
be flown in tandem with the state or national flag. The size of the state or national flag shall
not exceed one hundred (100) square feet.
' Section 9. Section 20 -5 is amended to read as follows:
' For purposes of this chapter, the following are identified as arterial and collector streets:
' Arterial Streets
Trunk Highway 5
Trunk Highway 7
Trunk Highway 41
Trunk Highway 101
' Trunk Highway 169
Trunk Highway 212
County Road 14
County Road 18 (Lyman Boulevard west of Trunk Highway 101)
County Road 17 (Powers Boulevard)
County Road 17 (Audubon Road)
' County Road 19 (Galpin Boulevard)
Collector Streets,
' County Road 117 (Galpin Boulevard)
Audubon Road
Lake Lucy Road
Kerber Boulevard
Lake Drive
' Lake Drive East
Lake Drive West
Coulter Boulevard (formerly McGlynn Drive)
' Arboretum Boulevard
Market Boulevard
Longacres Drive
' Pleasant View Road
West 78th Street
Lyman Boulevard (east of Trunk Highway 101)
' Bluff Creek Drive
Minnewashta Parkway
' Dell Road (south of Trunk Highway 5)
Section 10. Division 3, Standards for Agricultural and Residential Districts, add the
following section:
Section 20 -266, Sales Trailers for Residential Developments.
Sales Trailers are subject to the following conditions:
(1) Trailers are permitted only until a permanent dwelling unit is available to be
used as the sales office /model. At such time, the trailer shall be removed from
the site.
(2) Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m.
(3) There shall be no outdoor speaker.
(4) Lighting shall be downcast, with no flashing, blinking or skylights permitted.
(5) Trailers shall be skirted and one trailer shall be permitted per development.
(6) Trailers shall comply with ADA requirements.
(7) Off street hard surface parking for 3 -5 cars shall be provided.
(8) Engineering Department shall approve any access from a city street.
Section 11. Section 20 -405 (2) is amended to read as follows:
(2) The lowest ground floor elevation is three (3) two (2) feet above the ordinary I
high water mark of the wetland.
Section 12. Section 20- 406(a) is amended by adding the "bold" as follows: '
(a) For lots created after December 14, 1992, (date of ordinance adoption), a buffer
strip shall be maintained abutting all wetlands. All existing vegetation adjacent '
to a wetland shall be left undisturbed and applied toward buffer strip unless
otherwise approved by City Council. Buffer strip vegetation shall be
established and maintained in accordance to the following requirements. If the '
buffer area is disturbed, plant species shall be selected from wetland and
upland plants to provide habitat for various species of wildlife. Buffer strips
shall be identified by permanent monumentation acceptable to the city. In ,
residential subdivisions, a monument is requested for each lot. In other
situations, a monument is required for each three hundred (300) feet of wetland '
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edge. The buffer strips and structure setbacks shall meet the following
standards:
The dimensions of the buffer strips may be adjusted by the city based upon the
' quality of the wetland, local topographic conditions, and the type and design of
development being proposed. The table above provides minimum and
maximum dimensions for the buffer strip. The use of a meandering buffer strip
' to maintain a natural appearance is encouraged. Where roadways are
constricted next to a wetland, the average buffer strip width for the adjacent
wetland shall be maintained. Structure setbacks are also described in the table.
' On single- family subdivisions in the RSF district, the applicant must
demonstrate that each lot provides sufficient area to accommodate the
applicable front yard setback, sixty -foot by forty -foot deep building pad, and a
' thirty -foot rear yard area. All of these elements must be provided outside of
designated wetland and buffer strip areas.
Section 13. Section 20 -480 (a)(2), is amended by adding the following:
ilncewered lakes - Recreational Development
' Non- rinarian_ Lots
.
glp rian Lots
Area Width Area Width
Single 40,000 sq.ft. 125' 15,000 sq.ft. 90'
1
' Section 14. Section 20 -505 (c)(4) is amended to read as follows:
(c) Density. An increase /transfer for density may be allowed at the sole discretion of the city
utilizing the following factors:
(4) In no case shall the overall density of the development exceed the grass net
' density ranges identified in the comprehensive plan.
Section 15. Section 20 -508 (b) is amended to read as follows:
' (b) Minimum lot sizes. Minimum lot sizes down to five thousand (5,000) square
feet may be allowed. There shall be no minimum lot size, however, in no case
' wiff shall grass net density exceed guidelines established by the City of
Chanhassen Comprehensive Plan.
Section 16. Section 20 -574, is amended by adding the following:
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(14) Golf courses.
Section 1'L Section 20 -576 (1) is amended by deleting as follows:
1. Cherehes.
&ction 18. Section 20 -615 and (6)(c) is amended to read as follows:
The following minimum requirements shall be observed in an RSF District subject to
additional requirements, exceptions and modifications set forth in this chapter and Chapter 18:
(6) The setbacks for lots served by private driveways and /or neck lots are as follows:
C. For side yards, ten (10) feet.
Section 19. Section 20 -651, Intent, is amended to read as follows:
The intent of the R -8 District is to provide for single family detached or attached residential
development at a maximum net density of eight (8) dwelling units per acre.
Section 20. Section 20 -693 (2) is amended by deleting as follows:
(2) Gar wash (whert 'oi..c/i:, f, 3cai "icc, station).
,section 21. Section 20 -812 (4) is amended to read as follows:
(4) Trade - sleeps Vocational school.
Section 22, Section 20 -905 (2)(c) is amended and adding (d) as follows:
(2) Conform to the following standards for living areas:
C. If a split foyer and two story design, have an area of six hundred (600) square
feet on the first floor,
€amily- street
d. A two -car garage must be provided with the single- family structure.
Section 23. Section 20 -906, is amended by changing the following as noted:
Sec. 20 -906, Alternate lot size requirements in A4 A -2 and A-4 RR, Residential Zoning Districts.
P
Minimum lot size requirements in the A4 A -2 and A-4 RR Residential Zoning
' Districts located outside of the Metropolitan Council's Urban Service Area shall be regulated
by Article IX and Article X of this chapter, respectively, or in the alternative may be fifteen
thousand (15,000) square feet if the following conditions are met:
Section 24. Section 20 -978 is amended to read as follows:
(a) The following home occupations are permitted:
' (1) Professional services such as architects, engineers, attorneys, office, real estate
agents, insurance agents, and computer programmers, secretarial services, and
manufacturer's representatives.
(2) Dressmaking, sewing and tailoring.
' (3) Painting, sculpturing or writing.
(4) Home crafts such as model making, rug weaving, lapidary work, pottery and
' cabinet making.
' (5) Tutoring services (e.g. piano teacher).
(b) Contractors yards/landscaping businesses are prohibited for home occupations.
' Section 25. Section 20 -1023, Height, is amended to read as follows:
Any fence over six and one -half (6 feet must receive a conditional use permit. The
' fence height is measured from ground grade eleyalien to the highest point on the fence. All
other residential fences shall meet the following standards:
' (1) Side yards and rear yards. In any side or rear yard on lots, the height of fences
shall not exceed six and one -half (6 feet.
' (2) Front yards. Fences in the required front yard setback area that are opaque
shall not exceed three (3) feet in height. Chain link fences in this area shall
' not exceed four (4) feet in height. All other open fences in this area shall not
exceed six and one -half (6 feet in height.
(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 are shall not exceed
three (3) feet in height if opaque construction, or four (4) feet in height
if open construction.
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
corner site triangle commence at the corner of the lot located at 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.
Section 26. Section 20 -1183, Approved Tree List, correct misspelled names as
follows:
Table I.
As noted:
Ash, Green
Sorbus spp.
Corrected
Ash, Green
Fraxinus pennsylvanica
Table II.
"Silver King" Artemisia
Euophorbia epithymoides
Parthenocissus quinguefolia
Polygonum tricuspidata 'compactum'
Lonicera xxylosteum
Spirea japonica 'Alpina'
Alpine Spirea
Spirea x Bumalda 'Anthony Waterer'
'Silver jam' Artemisia
Parthenocissus quinguefolia
Polygonum cuspidatum 'compactum'
Lonicera gylosteum
Spiraea japonica 'Alpina'
Daphne one Spirea
SpirAea x humalda 'Anthony Waterer'
Section 27. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1995.
ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
TI]
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY ORDINANCE
An amendment to the City Code, Chapter 18 regarding platting procedures, date required
and design standards and Chapter 20 regarding definitions; identification of arterial and collector
streets; standards for sales trailers; wetland protection and shoreland regulations; supplemental
regulations and the following zoning districts of PUD, A2, RSF, R8, BN- Neighborhood
Business, BH- Highway & Business and IOP- Industrial Office, second and final reading.
Passed and adopted by the Chanhassen City Council this day of
1995.
Don Ashworth
City Clerk/Manager
(Published in the Chanhassen Villager on