6. City Code Amendment-Definition of Bluffi
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I
CITY OF 6
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Administrator
FROM: Diane Desotelle, Water Resources Coordinator
Kate Aanenson, Planning Director t<k
DATE: August 1, 1994
SUBJ: City -wide application of the definition of "bluff'- First Reading
BACKGROUND
Actl�rl 6� QY Admfnlatmw
Endorse 3
141odiAe
Aelecte
Date Submitted to Commissim
Date Submitted to Cowc4
Currently, the city has a bluff definition associated with a Bluff Impact Zone. The bluff
impact zone is generally located along the lower reaches of Bluff Creek and was established
to protect the steep banks from development, excavation, elearcutting, and other activities that
may result in increased dangers of erosion, increased visibility to surrounding properties,
thereby endangering the natural character of the land and jeopardize the health, safety, and
welfare of the citizens of the city. Staff' is recommending that the definition of bluff be
established city -wide since there are other areas in the city that have steep banks.
ANALYSIS
Staff does not think that this will significantly alter land use objectives. Rather, it will help
maintain existing topography, control erosion and sedimentation into the outlying water basins
through protection of these bluffs..... It does not appear that, there are .many more areas city-
wide that will be affected by the definition. The unique topography in those select areas are
what we would like to preserve.
The following is the definition of bluff as
Bluff means a natural topographic feature
following characteristics:
ordinance:
a hill, cliff, or embankment having the
(1) The slope rises at least twenty -five (25) feet above the toe of the bluff; and
MEMORANDUM
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I Don Ashworth
August 1, 1994
' Page 2
(2) The grade of the slope from the toe of the bluff to a point twenty -five (25) feet
' or more above the toe of the bluff averages thirty (30) percent or greater.
(3) An area with an average slope of less than eighteen (18) percent over a
' distance for fifty (50) feet or more shall not be considered part of the bluff.
Bluff impact zone means a bluff and land located within twenty (20) feerfrom the top of a
' bluff.
Article XXVIII Bluff Protection would remain the same except for the following changes:
Sec 20 -1402 (2) Stairways, lifts and landings. Delete the last four words: and planned unit
developments. This will keep the wording similar to that stated in the City's Shoreland
' Ordinance.
Sec. 20 -1406 Official Map. The definition of bluff is applicable city -wide. The official
' bluff impact zone map dated June 1, 1991 is a source of information, but by no means
conclusive of all the bluff areas city -wide. This section should be deleted.
' PLANNING COMMISSION
' Planning Commissioner, Ladd Conrad was in opposition to the proposed change in the Bluff
Ordinance because he did not feel there was enough information to make a decision on a
subject that was thoroughly evaluated at the time of its original adoption. Staff thinks that
' there will not be a lot of additional areas beyond the existing bluff impact zone affected. If
the definition is applied city -wide and there are implications to a site, a variance can be
applied for and an individual analysis performed. The protection ordinance will give staff the
' tools to help maintain existing topography to the extent possible.
Two citizens spoke on the issue. Frank Fox, a resident who owns 60 acres south of Lyman,
' thinks that the City has enough effective ordinances in place and that this ordinance would
negatively impact the development of his land. Ann Miller, a resident who owns a home on
Fox Chase wondered if the ordinance would be effective for past developments because she
' has had some drainage problems associated with her house. Tim Erhart (letter attached)
requested that staff review the definition of slope. staff has reviewed the definition and still
supports the qualifier of a 25 foot slope. Mr. Erhart felt that this may be too steep. Staff
' feels the 25 foot slope should remain for the following reasons:
1. A 25' slope constitutes a significant topographic feature that should be preserved.
2. The definition is consistent with the DNR definition which the city alre using in
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' the shoreland regulations as well as the in the southern end of the city.
�I
Don Ashworth
August 1, 1994
Page 3
3. As a part of the Hwy. 5 corridor study and Bill Morrish's study, one of the values of
the city is to preserve the natural features. This can be accomplished by applying the
bluff protection city wide.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the amendment to Article XXVHI, Section 20 -1402 and Section
20 -1406 as noted in Attachment #1.
ATTACHMENTS
1. Proposed ordinance amendment.
2. Current ordinance.
g:\eng\diane\shoreIftIuffdef.cc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO.
' AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE
' The City Council of the City of Chanhassen ordains:
Section 1 . Chapter 20 of the Chanhassen City Code, Article XXVIII, Section 20 -1402
' is hereby amended by deleting the following words as noted:
(2) Landings for stairways and lifts on residential lots may not exceed thirty-two (32)
' square feet in area. Landings larger than thirty-two (32) square feet may be used
for commercial properties, public open space recreational properties,
' Section 2 . Section 20 -1406, Official Map, shall be deleted in its entirety.
' PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1994.
' ATTEST:
' Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1994.)
ZONING § 20.1 t
Alteration means any change or rearrangement, other than incidental repairs, in the
t
supporting members of an existing building, such as bearing walls, columns beams, girders or
interior partitions, as well as any change in doors or windows, or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or the moving of a
'
building or structure from one (1) location to another.
Animal feedlot means land or buildings used for the confined feeding, breeding, raising or
'
holding of livestock and poultry where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure. Pastures are not considered animal feedlots.
for
'
Arboretum means a place where plants, trees, and shrubs are cultivated scientific and
educational purposes.
Arterial street means a street or highway with access restrictions designed to carry large
'
volumes of traffic between various sectors of the city or county and beyond.
[Auto service center] means an integrated group of commercial establishments or single
'
establishments planned, developed, and managed as a unit with off-street parking provided on
site and providing uses engaged primarily in the supplying of goods and services generally
required in the operation and maintenance of motor vehicles. These may include sale and
servicing of tires, batteries, automotive accessories, replacement items, washing and lubricat-
ing services, and the performance of minor automotive maintenance and repair. This does not
include major body repair where it is necessary to provide long term storage of cars and body
'
parts.
Bed and breakfast means an owner - occupied single - family home in which not more than '
five (5) rooms are rented on a nightly basis for a period of seven (7) or less consecutive days by
the same person. Meals may or may not be provided to residents and overnight guests.
Block means an area of land
within a subdivision that is entirely bounded by streets, or '
by streets and the exterior boundary or boundaries of the subdivision, or a combination of the
above with a waterway or any other barrier to the continuity of development. '
Bluff means a natural topographic feature such as a hill, cliff, or embankment having the
following characteristics: '
(1) The slope rises at least twenty -five (25) feet above the toe of the bluff; and
(2) The grade of the slope from the toe of the bluff to a point twenty -five (25) feet or more '
above the toe of the bluff averages thirty (30) percent or greater.
(3) An area with an average slope of less than eighteen (18) percent over a distance for '
fifty (50) feet or more shall not be considered part of the bluff.
Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a
bluff.
Supp. No. 6 1143
I ZONING § 20.1402
' ARTICLE X)nM. MINERAL EXTRACTION*
Sec. 20 -1351. Mining as allowed use; compliance generally.
' Mineral extraction, if the sand, gravel, black dirt, clay, and other materials are to be sold,
are only allowed in zoning districts where such use is delineated as an allowed use. All other
' earth work is allowed in all zoning districts subject to the requirements of Chapter 7, Article
III of the City Code.
(Ord. No. 128, § 2, 5- 14 -90; Ord. No. 169, § 1, 5- 18 -92)
' Secs. 20. 1352 - 20.1399. Reserved.
'
ARTI CLE XXVIII. BLUFF PROTECTION
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Sec. 20.1400. Statement of intent.
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 will not be permitted except as regulated by this
article and by the regulations of the underlying zoning district where the property is located.
(Ord. No. 152, § 2, 10- 14 -91)
Sec. 20.1401. Structure setbacks.
'
(a) Structures, including, but not limited to, decks and accessory buildings, except stair-
ways and landings, are prohibited on the bluff and must be set back from the top of the bluff
and toe of the bluff at least thirty (30) feet.
(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 (5) feet or existing setback, whichever is more, for
'
additions to an existing building. Any new buildings will have to meet the thirty -foot setback.
(Ord. No. 152, § 2, 10- 14 -91)
' Sec. 20.1402. Stairways, lifts and landings.
Stairways and lifts may be permitted in suitable sites where construction will not redirect
water flow direction and/or increase drainage velocity. Major topographic alterations are
*Editor's note — Section 2 of Ord. No. 169 repealed §§ 20- 1352 -20 -1367, 20- 1376 -20-
1384, which were contained in Divs. 1 and 2, pertaining to mineral extraction generally and
permits, respectively, and which derived from Ord. No. 80, adopted Dec. 15, 1986, and Ord. No.
120, adopted Feb. 12, 1990.
' Supp. No. 5 1271
ZONING § 20 -1407
without a permit from the city. Fill or excavated material shall not be placed in bluff impact I
zones.
(Ord. No. 152, § 2, 10- 14 -91)
Sec. 20.1405. Roads, driveways and parking areas. ,
Roads, driveways, and parking areas must meet structure setbacks and must not be placed '
within bluff impact zones when other reasonable and feasible placement alternatives exists. If
no alternatives exist, they may be placed within these areas, and must be designed to not cause
adverse impacts.
(Ord. No. 152, § 2, 10- 14 -91)
Sec. 20.1406. Official map. '
This article shall apply only to the bluff impact zones located on the official bluff impact
zone map dated June 1, 1991, as amended, from time to time, which is incorporated herein by
reference and which is on file with the city clerk. The official map may be administratively '
changed by the planning director based upon the submittal of topographic survey data pre-
pared by a registered engineer or surveyor.
(Ord. No. 152, § 2, 10- 14 -91)
Sec. 20 -1407. Reconstruction of lawful nonconforming structures.
Lawful nonconforming structures that have been damaged or destroyed may be recon-
structed provided that it is reconstructed within one (1) year following its damage or destruc-
tion and provided the nonconformity is not materially increased.
(Ord. No. 152, § 2, 10- 14 -91)
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