Ordinance 522CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. 522
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. 522 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 2) day of May,
2011, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
f
BY:
Thomas A. Furlong, May r
AND,, Y 6'
Gerhardt, City Manager/Clerk
(Published M the Chanhassen Villager on June 9, 201 1)
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 522
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
1
Collector
80
36
Local street (rural residential)
60
24
Local street (urban residential)
60
31
Local street (commercial/industrial)
60
;6
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 development
with a density of less than 4 units per acre
30
20
Private Street serving residential development
with a density equal to or greater than 4 units per
acre
40
24
Private Street serving commercial, office, office
industrial or mixed -use development
40
26
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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 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 less than four units per acre 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 equal to or greater
than four units per acre 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 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 tiled
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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 include adequate drainage facilities to convey storm
runoff which may require hydrologic calculations for a ten-year storm event. Private
streets serving residential developments with a density equal to or greater than four
units per acre, commercial, office, office industrial, or mixed -use districts, 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 serving residential development with a density of less than four units
per acre, 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 equal to or greater- than
four units per acre, commercial, office, office industrial, or mixed -use 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. 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.
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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 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 residential developments 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 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 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
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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
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 (/o)
Low or medium density residential
30
High density residential
50
Office
70
Commercial (neighborhood or community)
70
Commercial (regional)
70
Industrial
70
Mixed Use
70
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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 23rd day of May, 2011, by the City Council of the City of
Chanha Wn, Mi nesota.
r'r'ry '
T Gerhardt, City Manager Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Villagei- on June 9, 201 1)
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Affidavit of Publication
Southwest Newspapers
CITY OF CHANHASSEN State of Minnesota)
CARVER AND HENNEPIN
COUNTIES, MINNESOTA )SS.
SUMMARY OF ORDINANCE County of Carver )
NO. 522
AMENDING
CHAPTERS 18 AND 20 OF THE
CHANHASSEN CITY CODE
The purpose of this code amend- Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
ment is to amend the subdivision agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
and zoning ordinances as follows: lager and has full knowledge of the facts herein stated as follows:
Amend Sections 18-57 (b) to set
standards for streets serving the These newspapers have com lied with the requirements constituting qualification as a legal
mixed use developments. (A) Thp 9 g 9 g
Amend Section 18-57(b), (o), (p), newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
(r) and (s) to reflect consistency by amended.
referencing land uses.
Amend Section 18.57(p)(8) to (B) The printed public notice that is attached to this Affidavit and identified as No
addresses the method of calcu- was published on the date or dates and in the newspaper stated in the attached Notice and said
lating density and hard surface Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
coverage of medium, high -density the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
residential, office, industrial, ory inclusive, and is hereby acknowledged as being the kind and size of e used in the composition
commercial properties served by Y g g �'p p
private streets. and publication of the Notice:
Amend Section 20-407(3) to ref-
erence Sec. 20-920 Structures, Boats abcdefghijklmnopqrstuvwxyz
and Waterways when addressing
wetlands.
Amend Section 20-505(e) to
reflect a hard surface coverage stan-
dard of 70% for properties guided Laurie A. Hartmann
mixed use development.
Amend Section 20-1502 to refer-
ence the Building Code in effect.
A printed copy of Ordinance Subscribed and sworn before me on
No. 522 is available for inspection
by any person during regular of-
fice hours at the office of the City
Manager/Clerk. this t day of 2011
PASSED, ADOPTED, AND AP-
PROVED FOR PUBLICATION this JYMME J BARK
23rd day of May, 2011, by the City
Council of the City of Chanhas- NOTARY PUBLIC - MINNESOTA
sen. CITY OF CHANHASSEN i �^ ;> >i P,71
Pv14 Commission Expires 01/31/2013
Thomas A. Furlong, Mayor Et
Todd Gerhardt, City Manager/ Notary Public
Clerk
(Published in the Chanhassen
Villager on Thursday, June 9, 2011,
No. 4512)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space. $31.20 per column inch
Maximum rate allowed bylaw for the above matter.. ... ... ... .. $31.20 per column inch
Rate actually charged for the above matter........ .......... ... ............ $12.59 per column inch