8. City Code Amendment-Adopt the Shoreland Overlay District Regulations, First ReadingI MEMORANDUM
CITY OF k
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Diane Desotelle, Water Resources Coordinator
DATE: August 1, 1994
Action by City Administrator
Endorse
Modifie
Selecte
1ib submitted to Commission
Date Submitted to Council
SUBJ: Code Amendment to the Shoreland Ordinance, First Reading
' BACKGROUND
In January 1991, the City was notified by DNR that they had two years to adopt a new
shoreland management ordinance consistent with statewide standards. A draft of the
ordinance was first submitted to the DNR in May 1993. In general, the ordinance is
comprised of the exact wording from the state statute. A couple of minor modifications were
' made to conform to the City's existing standards. DNR extended the due date until June 2,
1994 due to a series of time delays including City staff turnover and DNR review time. The
DNR has since granted temporary ordinance approval until comments are received from
neighboring communities through the.DNR notification process and the City completes the
formal hearing process.
' ANALYSIS
The City's Shoreland Ordinance is very similar to the State's Shoreland Ordinance. The
' majority of the language has been taken verbatim from the State Statute, Planning
Commissioner Matt Ledvina thought that the policy statement should be modified by
removing the text associated with economics and the local tax base because it has not been
' proven that the uncontrolled use of shorelands would affect the local tax base or that the
economic values would be conserved if the shoreland is protected [see Section 20 -476 (b)].
He also thought that the wording noted under: Section 20 -482 (a) concerning the general goal
' of regulating vegetation alterations should be iii6luded in the policy statement. At the
suggestion of the City Attorney the DNR wording, although poorly written in some areas of
the ordinance, should not be altered since this may require an extended review process that
has already been delayed. The suggested modifications would not change the policy or
regulatory impacts to the ordinance.
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Don Ashworth
August 1, 1994
Page 2
The City has been very progressive with natural resource protection and preservation, and was
therefore able to adopt some flexibility in accordance with existing ordinance guidelines. For
example, the single family nonriparian lots on natural environment lakes was kept at 15,000
square feet and the medium and high density residential subdivisions have an impervious
surface coverage up to 35% as is currently permitted by the City. The justification for this
flexibility is that the city requires all runoff to enter a storm sewer system and water quality
treatment ponds prior to it entering any bodies of water such as wetlands and lakes. Also, the
difference in size and width of lots are minimal and will not result in a significant increase in
density of the development or visual impact to the lake. The City's environmental protection
ordinances are also in -place to preserve and enhance areas as they are platted.
In addition, section 20 -481 part (a) which defines the minimum structure setbacks for the
various classes of public waters was modified. A statement was added after the table for
minimum structure setbacks stating the following: "When a structure exists on a lot on either
side, the setback of a proposed structure shall be the greater of the distance set forth in the
above table or the setback of the existing structure." Other minor modifications that were
made to the ordinance were more conservative than the existing state statute.
The Planning Commission recommended approval of the Shoreland Ordinance.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the code amendment adopting the Shoreland Ordinance as shown
in attachment #1."
1 Attachments
F�
1. Draft City Ordinance
2. Planning Commission minutes dated July 6, 1994
g:\mg\ =e\shoreMfshomd.cc
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE REPEALING THE INTERIM
SHORELAND CONTROL ORDINANCE AND ADOPTING
NEW SHORELAND MANAGEMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1 . Chanhassen City Code Sections 20 -476, 20 -477 and
20 -478 are hereby repealed in their entirety.
Section 2 . Chanhassen City Code Sections 20 -1 is amended by
adding the following definitions:
"Boathouse" means a structure designed and used solely for
the storage of boats or boating equipment.
"Building line" means a line parallel to a lot line or the '
ordinary high water level at the required setback beyond
which a structure may not extend.
"Commissioner" means the commissioner of the Department of 1
Natural Resources.
"Deck" means a horizontal, unenclosed platform with or
'
without attached railings, seats,
trellises, or other
features, attached or functionally
related to a principal
use or site.
'
"Hardship" means the same as that
term is defined in
Minnesota Statutes, Chapter 462.
'
"Intensive vegetation clearing" means
the complete removal
of trees or shrubs in a contiguous
patch, strip, row, or
block.
,
"Semipublic use" means the use of
land by a private,
nonprofit organization to provide
a public service that is
ordinarily open to some persons outside the regular
constituency of the organization.
"Sewage treatment system" means a
septic tank and soil
absorption system or other individual or cluster type sewage
treatment system as described and
regulated in Chapter 19,
Article IV of the city code.
,
"Sewer system" means pipelines or
conduits, pumping
stations, and force main, and all
other construction,
,
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devices, appliances, or appurtenances used for conducting
sewage or industrial waste or other wastes to a point of
ultimate disposal.
"Shore impact zone" means land located between the ordinary
high water level of a public water and a line parallel to it
at a setback of 50 percent of the structure setback.
"Shoreland" means land located within the following
distances from public waters: 1,000 feet from the ordinary
high water level of a lake, pond, or flowage; and 300 feet
from a river or stream, or the landward extent of a
floodplain designated by ordinance on a river or stream,
whichever is greater. The limits of shorelands may be
reduced whenever the waters involved are bounded by
topographic divides which extend landward from the waters
for lesser distances and when approved by the commissioner.
"Significant historic site" means any archaeological site,
standing structure, or other property that meets the
criteria for eligibility to the National Register of
Historic Places or is listed in the State Register of
Historic Sites, or is determined to be an unplatted cemetery
that falls under the provisions of Minnesota Statutes,
section 307.08. A historic site meets these criteria if it
is presently listed on either register or if it is
determined to meet the qualifications for listing after
review by the Minnesota state archaeologist or the director
of the Minnesota Historical Society. All unplatted
cemeteries are automatically considered to be significant
historic sites.
"Steep slope" means land where agricultural activity or
' development is either not recommended or described as poorly
suited due to slope steepness and the site's soil
characteristics, as mapped and described in available county
soil surveys or other technical reports, unless appropriate
' design and construction techniques and farming practices are
used in accordance with the provisions of this ordinance.
Where specific information is not available, steep slopes
' are lands having average slopes over 12 percent, as measured
over horizontal distances of 50 feet or more, that are not
bluffs.
"Water- oriented accessory structure or facility" means a
small, above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which,
because of the relationship of its use to a surface water
feature, reasonably needs to be located closer to public
waters than the normal structure setback. Examples of such
structures and facilities include boathouses, gazebos,
screen houses, fish houses, pump houses, and detached decks.
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Section 3 . Chanhassen City Code § 20 -1 is amended by
redefining the following terms as set forth below:
"Building height" means the vertical distance between the
'
highest adjoining ground level at the building or ten feet
above the lowest ground level, whichever is lower, and the
highest point of a flat roof or average height of the
highest of the highest gable of a pitched or hipped roof.
"Lot width" means the shortest distance between lot lines
measured at the midpoint of the building line.
"Ordinary high water mark or level" means the boundary of
public waters and wetlands, and shall be an elevation
delineating the highest water level which has been
,
maintained for a sufficient period of time to leave evidence
upon the landscape, commonly that point where the natural
vegetation changes from predominantly aquatic to
predominantly terrestrial. For watercourses, the ordinary
high water level is the elevation of the top of the bank of
the channel. for reservoirs and flowages, the ordinary high
'
water level is the operating elevation of the normal summer
pool.
Section 4 . Chanhassen City Code Chapter 20 is amended by
i
adding the following sections which shall be captioned "Article
VII -- Shoreland Management District ":
SECTION 20 -476 - STATUTORY AUTHORIZATION AND POLICY
(a) Statutory Authorization. This article is adopted
pursuant to the authorization and policies contained in Minnesota
Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500
6120.3900, and the planning and zoning enabling legislation in
Minnesota Statutes, Chapter 462.
(b) Policy. The uncontrolled use of shorelands of
Chanhassen affects the public health, safety and general welfare
not only by contributing to pollution of public waters, but also
by impairing the local tax base. Therefore, it is in the best '
interests of the public health, safety and welfare to provide for
the wise subdivision, use and development of shorelands of public
waters. The Legislature of Minnesota has delegated '
responsibility to local governments of the state to regulate the
subdivision, use and development of the shorelands of public
waters and thus preserve and enhance the quality of surface
waters, conserve the economic and natural environmental values of '
shorelands, and provide for the wise use of waters and related
land resources. This responsibility is hereby recognized by
Chanhassen. I
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SECTION 20 -477 - GENERAL PROVISIONS
(a) Jurisdiction. The provisions of this article shall
' apply to the shorelands of the public waters as classified in
Section 20 -478 of this article. Pursuant to Minnesota
Regulations, parts 6120.2500 - 6120.3900, lakes, ponds, or
flowage less than 10 acres in size are exempt from this
ordinance. A body of water created by a private user where there
was no previous shoreland is exempt from this article.
' (b) Compliance. The use of any shoreland of public waters;
the size and shape of lots; the use, size, type and location of
structures on lots; the installation and maintenance of water
' supply and waste treatment systems, the grading and filling of
any shoreland area; the cutting of shoreland vegetation; and the
subdivision of land shall be in full compliance with the terms of
this article and other applicable regulations.
(c) Enforcement. The Planning Director is responsible for
the administration and enforcement of this article. Any
' violation of the provisions of this article or failure to comply
with any of its requirements (including violations of conditions
and safeguards established in connection with grants of variances
' or conditional uses) shall constitute a misdemeanor and shall be
punishable as defined by law.
(d) Interpretation. In their interpretation and
application,the provisions of this article shall be held to be
minimum requirements and shall be liberally construed in favor of
the City and shall not be deemed a limitation or repeal of any
other powers granted by State Statutes.
(e) Severability. If any section, clause, provision, or
' portion of this article is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this
article shall not be affected thereby.
(f) Abrogation and Greater Restrictions. It is not
intended by this article to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this article imposes greater restrictions, the provisions
of this article shall prevail. All other articles inconsistent
with this article are hereby repealed to the extent of the
inconsistency only.
SECTION 20 -478 - ADMINISTRATION
(a) Permits. A permit authorizing an addition to an
existing structure shall stipulate that an identified
nonconforming sewage treatment system shall be reconstructed or
replaced in accordance with the provisions of this article.
(b) Variances. The Board of Adjustments and Appeals or
City Counsel shall hear and decide requests for variances in
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accordance with the rules that it has adopted for the conduct of
business. When a variance is approved after the Department of
Natural Resources has formally recommended denial in the hearing
record, the notification of the approved variance required in
Subsection (c) herein shall also include the summary of the
public record /testimony and the findings of facts and conclusions
which supported the issuance of the variance. For existing
developments, the application for variance shall clearly
demonstrate whether a conforming sewage treatment system is
present for the intended use of the property. The variance, if
issued, shall require reconstruction of a nonconforming sewage
treatment system.
(c) Notifications to the Department of Natural Resources.
Copies of all notices of any public hearings to consider
variances, amendments, or conditional uses under local shoreland
management controls shall be sent to the commissioner's
designated representative and postmarked at least ten days before
the hearings. Notices of hearings to consider proposed
subdivisions /plats shall include copies of the subdivision /plat.
A copy of approved amendments and subdivisions /plats, and final
decisions granting variances or conditional uses under local
shoreland management controls shall be sent to the commissioner's
designated representative and postmarked within ten days of final
action.
SECTION 20 -479 - SHORELAND CLASSIFICATION SYSTEM AND LAND
USE DISTRICTS
(a) Shoreland Classification System. The public waters of
Chanhassen have been classified below consistent with the
criteria found in Minnesota Regulations, Part 6120.3300, and the
Protected Waters Inventory Map for Carver /Hennepin County,
Minnesota.
(b) The shoreland area for the waterbodies listed below
shall be as defined in Section 20 -1 and as shown on the Official
Zoning Map.
(c) Lakes.
(1) Natural Environmental Lakes
Harrison
Rice Lake
Rice Marsh Lake
St. Joe
Silver
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Inventory I.D.#
10 -8W
27 -132P
10 -1P
10 -IIP
27 -136P
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SECTION 20 -480 - ZONING AND WATER SUPPLY /SANITARY PROVISIONS
(a) Lot Area and Width Standards. The lot area (in square
feet) and lot width standards (in feet) for single, duplex,
' triplex and quad residential lots created after the date of
enactment of this ordinance for the lake and river /stream
classification are as follows:
(1) Sewered Lakes - Natural Environment:
Riparian Lots Nonriparian Lots
' Area Width Area Width
Single 40,000 125 15,000 90
Duplex 70,000 225 35,000 180
Triplex 100,000 325 52,000 270
Quad 130,000 425 65,000 360
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(2) Recreational Development Lakes Inventory I.D.#
Ann 10 -12P
Christmas 27 -137P
Hazeltine 10 -14P
Lotus 10 -6P
Lucy 10 -7P
'
Minnewashta 10 -9P
Riley 10 -2P
Susan 10 -13P
Virginia 10 -15P
(d) Rivers and Streams.
(1) Agricultural:
Minnesota River - from West City Boundary
to East City Boundary
1
(2) Tributary Streams:
Bluff Creek - from Basin 10 -209W to Basin 27 -132P
(Rice Lake)
'
Lake Ann (10 -12P) to Lake Susan (10 -13P)
Lake Susan (10 -13P) to Rice Marsh Lake (10 -1P)
Lake Minnewashta (10 -9P) to Lake Virginia (10 -15P)
Purgatory Creek - from Lotus Lake (10 -6P) to
East City Boundary
'
All protected watercourses in Chanhassen shown on the
Protected Waters Inventory Map for Carver County, a
copy of which is hereby adopted by reference, not given
a classification herein shall be considered
"Tributary ".
SECTION 20 -480 - ZONING AND WATER SUPPLY /SANITARY PROVISIONS
(a) Lot Area and Width Standards. The lot area (in square
feet) and lot width standards (in feet) for single, duplex,
' triplex and quad residential lots created after the date of
enactment of this ordinance for the lake and river /stream
classification are as follows:
(1) Sewered Lakes - Natural Environment:
Riparian Lots Nonriparian Lots
' Area Width Area Width
Single 40,000 125 15,000 90
Duplex 70,000 225 35,000 180
Triplex 100,000 325 52,000 270
Quad 130,000 425 65,000 360
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(2) Sewered Lakes - Recreational Development:
Riparian Lots Nonriparian Lots
Area Width Area Width
Single
20,000
90 15,000 90
Duplex
35,000
135 26,000 135
Triplex
50,000
195 38,000 190
Quad
65,000
255 49,000 245
(3) River /Stream Lot Width Standards.
There is no minimum lot size requirements for
rivers and streams. The lot width standards for
single, duplex, triplex and quad residential
developments for the six river /stream
classifications are as follows:
Residential subdivisions with dwelling unit
densities exceeding those in the tables in
subsections (1), (2) and (3) can only be allowed
if designed and approved as residential planned
unit developments. Only land above the ordinary
high water level of public waters shall be used to
meet lot area standards, and lot width standards
shall be met at both the ordinary high water level
and at the building line. The sewer lot area
dimensions in subsections (1), (2) and (3) can
only be used if publicly owned sewer system
service is available to the property.
SECTION 20 -481 - PLACEMENT, DESIGN, AND HEIGHT OF STRUCTURE
(a) Placement of Structures on Lots. When more than one
setback applies to a site, structures and facilities shall be
located to meet all setbacks. Structures and on -site sewage
treatment systems shall be setback (in feet) from the ordinary
high water level as follows:
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Tributary
No
Agricultural
Sewer
Sewer
Single
150
100
90
Duplex
225
150
115
Triplex
300
200
150
Quad
375
250
190
(4) Additional
Special Provisions.
Residential subdivisions with dwelling unit
densities exceeding those in the tables in
subsections (1), (2) and (3) can only be allowed
if designed and approved as residential planned
unit developments. Only land above the ordinary
high water level of public waters shall be used to
meet lot area standards, and lot width standards
shall be met at both the ordinary high water level
and at the building line. The sewer lot area
dimensions in subsections (1), (2) and (3) can
only be used if publicly owned sewer system
service is available to the property.
SECTION 20 -481 - PLACEMENT, DESIGN, AND HEIGHT OF STRUCTURE
(a) Placement of Structures on Lots. When more than one
setback applies to a site, structures and facilities shall be
located to meet all setbacks. Structures and on -site sewage
treatment systems shall be setback (in feet) from the ordinary
high water level as follows:
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' (b) Additional Structure Setbacks. The following
additional structure setbacks apply, regardless of the
classification of the waterbody.
Setback From: Setback (in feet)
(1) top of bluff; 30
(2) unplatted cemetery; 50
(3) right -of -way line of 50
federal, state, or
county highway; and
' (4) right -of -way line of 20
town road, public street,
' or other roads or streets
not classified.
(c) Bluff Impact Zones. Structures and accessory
' facilities, except stairways and landings, shall not be placed
within bluff impact zones.
' (d) Non - residential Uses Without Water- oriented Needs.
Uses without water - oriented needs shall be located on lots or
parcels without public waters frontage, or, if located on lots or
' parcels with public waters frontage, shall either be set back
double the normal ordinary high water level setback or be
substantially screened from view from the water by vegetation or
topography, assuming summer, leaf -on conditions.
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Sewage
Classes of
Structures Treatment
Public Waters
Unsewered Sewered System
'
Lakes
'
Natural Environment.
150 150 150
Recreational Development
100 75 75
Rivers
Agricultural & Tributary
100 50 75
When a structure exists on a
lot on either side, the setback of a
proposed structure shall be
the greater of the distance setforth
in the above table or the setback
of the existing structure.
'
One water - oriented accessory
structure designed in accordance
with Section 20- 482(e)(2)(b)
of this article may be setback a
minimum distance of ten (10)
feet from the ordinary high water
level.
' (b) Additional Structure Setbacks. The following
additional structure setbacks apply, regardless of the
classification of the waterbody.
Setback From: Setback (in feet)
(1) top of bluff; 30
(2) unplatted cemetery; 50
(3) right -of -way line of 50
federal, state, or
county highway; and
' (4) right -of -way line of 20
town road, public street,
' or other roads or streets
not classified.
(c) Bluff Impact Zones. Structures and accessory
' facilities, except stairways and landings, shall not be placed
within bluff impact zones.
' (d) Non - residential Uses Without Water- oriented Needs.
Uses without water - oriented needs shall be located on lots or
parcels without public waters frontage, or, if located on lots or
' parcels with public waters frontage, shall either be set back
double the normal ordinary high water level setback or be
substantially screened from view from the water by vegetation or
topography, assuming summer, leaf -on conditions.
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(e) Design Criteria for Structures.
(1) High Water Elevations. Structures shall be placed
in accordance with any floodplain regulations
applicable to the site. Where these controls do
not exist, the elevation to which the lowest
floor, including basement,is placed or flood -
proofed shall be determined as follows:
a. for lakes, by placing the lowest floor at a
level at least three feet above the highest
known water level, or three feet above the
ordinary high water level, whichever is
higher;
b. for rivers and streams, by placing the lowest
floor at least three feet above the flood of
record, if data are available. If data are
not available, by placing the lowest floor at
least three feet above the ordinary high
water level, or by conducting a technical
evaluation to determine effects of proposed
construction upon flood stages and flood
flaws and to establish a flood protection
elevation. Under all three approaches,
technical evaluations shall be done by a
qualified engineer or hydrologist consistent
with parts 6120.5000 to 6120.6200 governing
the management of flood plain areas. If more
than one approach is used, the highest flood
protection elevation determined shall be used
for placing structures and other facilities;
and
C. water - oriented accessory structures may have
the lowest floor placed lower than the
elevation determined in this item if the
structure is construed of flood- resistant
materials to the elevation, electrical and
mechanical equipment is placed above the
elevation and, if long duration flooding is
anticipated, the structure is built to
withstand ice action and wind - driven waves
and debris.
(2) Water - oriented Accessory Structures. Each lot may
have one water- oriented accessory structure not
meeting the normal structure setback in Section
20- 481(a) if this water - oriented accessory
structure complies with the following provisions:
a. the structure or facility shall not exceed
ten feet in height, exclusive of safety
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' f. as an alternative for general development and
recreational development waterbodies, water -
oriented accessory structures used solely for
watercraft storage, and including storage of
' related boating and water - oriented sporting
equipment, may occupy an area of up to 400
square feet provided the maximum width of the
structure is 20 feet as measured parallel to
the configuration of the shoreline.
(3) Stairway, Lifts and Landings. Stairways and lifts
are the preferred alternative to major topographic
alterations for achieving access up and down
bluffs and steep slopes to shore areas. Stairways
' and lifts shall meet the following design
requirements:
' a. stairways and lifts shall not exceed four
feet in width on residential lots. Wider
stairways may be used for commercial
properties, public open -space recreational
properties, and planned unit developments;
b. landings for stairways and lifts on
residential lots shall not exceed 32 square
feet in area. Landings larger than 32 square
feet may be used for commercial properties,
public open- space, and recreational
properties;
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rails, and cannot occupy an area greater than
250 square feet. Detached decks shall not
exceed eight feet above grade at any point.
b. the setback of the structure or facility from
the ordinary high water level shall be at
'
least ten feet;
C. the structure or facility shall be treated to
reduce visibility as viewed from public
'
waters and adjacent shorelands by vegetation,
topography, increased setbacks or color,
assuming summer, leaf -on conditions;
d. the roof may be used as a deck with safety
rails, but shall not be enclosed or used as a
storage area;
e. the structure or facility shall not be
designed or used for human habitation and
shall not contain water supply or sewage
'
treatment facilities; and
' f. as an alternative for general development and
recreational development waterbodies, water -
oriented accessory structures used solely for
watercraft storage, and including storage of
' related boating and water - oriented sporting
equipment, may occupy an area of up to 400
square feet provided the maximum width of the
structure is 20 feet as measured parallel to
the configuration of the shoreline.
(3) Stairway, Lifts and Landings. Stairways and lifts
are the preferred alternative to major topographic
alterations for achieving access up and down
bluffs and steep slopes to shore areas. Stairways
' and lifts shall meet the following design
requirements:
' a. stairways and lifts shall not exceed four
feet in width on residential lots. Wider
stairways may be used for commercial
properties, public open -space recreational
properties, and planned unit developments;
b. landings for stairways and lifts on
residential lots shall not exceed 32 square
feet in area. Landings larger than 32 square
feet may be used for commercial properties,
public open- space, and recreational
properties;
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C. canopies or roofs are not allowed on
stairways, lifts, or landings;
d. stairways, lifts, and landings may be either
constructed above the ground on posts or
pilings, or placed into the ground, provided
they are designed and build in a manner that
ensures control of soil erosion;
,
e. stairways, lifts, and landings shall be
located in the most visually inconspicuous
'
portions of lots, as viewed from the surface
of the public water assuming summer, leaf -on
conditions, whenever practical; and
f. facilities such as ramps, lifts, or mobility
paths for physically handicapped persons are
also allowed for achieving access to shore
areas, provided that the dimensional and
performance standards of subitems (a) to (e)
are complied with in addition to the
'
requirements of Minnesota Regulations,
Chapter 1340.
'
(4) Significant Historic Sites. No structure shall be
placed on a significant historic site in a manner
that affects the values of the site unless
adequate information about the site has been
removed and documented in a public repository.
(5) Steep Slopes. The Planning Director shall
evaluate possible soil erosion impacts and
development visibility from public waters before
issuing a permit for construction of sewage '
treatment systems, roads, driveways, structures,
or other improvements on steep slopes. When
determined necessary, conditions shall be attached ,
to issued permits to prevent erosion and to
preserve existing vegetation screening of
structures, vehicles, and other facilities as
viewed from the surface of public waters, assuming I
summer, leaf -on vegetation.
(f) Height of Structures. All structures in residential
districts, except churches and nonresidential agricultural
structures, shall not exceed 35 feet in height.
SECTION 20 -482 - SHORELAND ALTERATIONS
(a) Generally. Alterations of vegetation and topography
shall be regulated to prevent erosion into public waters, fix
nutrients, preserve shoreland aesthetics, preserve historic
values, prevent bank slumping, and protect fish and wildlife
habitat. '
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(b) Vegetation Alterations.
(1) Vegetation alteration necessary for the
construction of structures and sewage treatment
systems and the construction of roads and parking
areas regulated by Section 20 -484 of this article
are exempt from the following vegetation
alteration standards.
(2) Removal or alteration of vegetation is allowed
subject to the following standards:
a. Intensive vegetation clearing within the
shore and bluff impact zones and on steep
slopes is not allowed. Intensive vegetation
clearing for forest land conversion to
another use outside of these areas is
allowable if permitted as part of a
development approved by the city council as a
conditional use if an erosion control and
sedimentation plan is developed and approved
by the soil and water conservation district
in which the property is located.
b. In shore and bluff impact zones and on steep
slopes, limited clearing of trees and shrubs
and cutting, pruning, and trimming of trees
is allowed to provide a view of the water
from the principal dwelling site and to
accommodate the placement of stairways and
landings, picnic areas, access paths,
livestock watering areas, beach and
watercraft access areas, and permitted water -
oriented accessory structures or facilities,
provided that:
i. the screening of structures, vehicles,
or other facilities as viewed from the
water, assuming summer, leaf -on
conditions, is not substantially
reduced;
ii. along rivers, existing shading of water
surfaces is preserved; and
iii. the above provisions are not applicable
to the removal of trees, limbs, or
branches that are dead, diseased, or
pose safety hazards.
SECTION 20 -483 - TOPOGRAPHIC ALTERATIONS /GRADING AND FILLING
Connections to Public Waters. Excavations where the
intended purpose is connection to a public water, such as boat
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a
slips, canals, lagoons, and harbors, shall be controlled by this
'
Article and Section 7, Article III. Permission for excavations
may be given only after the commissioner has approved the
proposed connection to public waters.
'
SECTION 20 -484 - PLACEMENT AND DESIGN OF ROADS, DRIVEWAYS,
AND PARKING AREAS
,
(a) Public and private roads and parking areas shall be
'
designed to take advantage of natural vegetation and topography
to achieve maximum screening from view from public waters.
,
documentation shall be provided by a qualified individual that
'
all roads and parking areas are designed and constructed to
minimize and control erosion to public waters consistent with the
'
field office technical guides of the local soil and water
'
conservation district, or other applicable technical materials.
(b) Roads, driveways, and parking areas shall meet
'
structure setbacks and shall not be placed within bluff and shore
impact zones, when other reasonable and feasible placement
alternatives exist. If no alternatives exist, they may be placed
,
within these areas, and shall be designed to minimize adverse
impacts.
(c) Public and watercraft access ramps, approach roads, and
'
access - related parking areas may be placed within shore impact
zones provided the vegetative screening and erosion control
conditions of this subpart are met.
'
SECTION 20 -485 - STORM WATER MANAGEMENT
'
Impervious surface coverage of lots shall not exceed 25
percent of the lot area, except as follows:
(a) Thirty -five percent (35%) for medium /high density
'
residential zones; and
(b) Seventy percent (70U in industrial zones within the
,
Lake Susan shoreland district.
SECTION 20 -486 - SEWAGE TREATMENT '
Any premises used for human occupancy shall be provided with
an adequate method of sewage treatment, as follows:
(a) On -site sewage treatment systems shall be set back from ,
the ordinary high water level in accordance with the setbacks
contained in Section 20- 481(a) of this article. '
(b) A nonconforming sewage treatment system shall be
upgraded, at a minimum, at any time a permit or variance of any ,
type is required for any improvement on, or use of, the property.
For the purposes of this provision, a sewage treatment system
shall not be considered nonconforming if the only deficiency is
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the sewage treatment system's improper setback from the ordinary
high water level.
(c) The Chanhassen City Council has by formal resolution
notified the commissioner of its program to identify
nonconforming sewage treatment systems. Chanhassen will require
' upgrading or replacement of any nonconforming system identified
by this program within a reasonable period of time which will not
exceed two years. Sewage systems installed according to all
applicable local shoreland management standards adopted under
' Minnesota Statutes, section 105.485, in effect at the time of
installation may be considered as conforming unless they are
determined to be failing, except that systems using cesspools,
leaching pits, seepage pits, or other deep disposal methods, or
systems with less soil treatment area separation above ground
water than required by the Minnesota Pollution Control Agency's
' Chapter 7080 for design of on -site sewage treatment systems,
shall be considered nonconforming.
PASSED AND DULY ADOPTED this day of ,
1994, by the City Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Clerk Manager Donald J. Chmiel, Mayor
' (Published in the Chanhassen Villager on , 1994).
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Planning Commission Meeting - July 6, 1994 1
39 1
15. This grading permit approval be conditioned upon the City authorizing a public
improvement project to extend trunk utility service to the site.
,
16. The grading permit shall be conditional on approval of the preliminary plat for the
Missions Hills PUD by the City Council.
'
17. Trees and shrubbery along the east property boundary shall be saved with this
grading activity.
18. Grading activity for the berm along the southern property boundary shall be
contained within the property.
'
19. The applicant shall maintain the access road to provide all weather access to the
residents in the area.
,
All voted in favor and the motion carried.
PUBLIC HEARING:
AMENDMENT TO THE CITY CODE TO ADOPT TH , SHORELAND OVERLA
DISTRICT REGULATIONS.
Kate Aanenson presented the staff report on this item.
,
Farmakes: One of the questions I was asked from an association on the lake there, is there a
time limit that we set on floating debris in the lake that uses that type of reproduction to sort
'
of continue itself like cattails? Where large chunks of it break off and float over to a
homeowners property to secure itself there. Can that homeowner then remove that? Is that
considered to be vegetation?
,
Desotelle: That can be removed and like in the shoreland ordinance, you can pull weeds out
up to 2,500 square feet within your frontage. You can actually remove that without a permit
,
from the DNR.
Farmakes: Some floating bogs though is beyond that. That's why in a case ... there was one
,
that was about 100 square feet long. A huge chunk and it actually broke up into smaller
chunks. That's why that was brought up as a question.
'
Desotelle: A floating bog.
39 1
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Planning Commission Meeting - July 6, 1994
Farmakes: Yeah, it was huge.
Desotelle: Okay. Geez, I don't think I can answer that question tonight. I'm not sure. I
think you'd have to address that with the DNR to find out if it can actually be removed.
Farmakes: Some of these types of vegetation are actually floating. They're not necessarily,
you can push them with your hand out. The question is what ... are you allowed to go in and
float that baby out.
Desotelle: Which eventually would probably come back to then depending upon where
they're located with the directional winds.
Farmakes: This particular chunk we're talking about floating around for—years.
Desotelle: If you're asking if you can push it off, I don't see how that would be a problem.
If you actually want to remove it, or what you're going to do with it.
Farmakes: I'm not sure in it's natural state, what is a floating bog? I mean is it by nature
floating?
Aanenson: Well... jurisdiction of the DNR...we would probably just call the DNR. They may
come out and look at it...
Farmakes: The reason I brought up in the discussion to them was, was that the excuse that
the homeowner used or the builder used over on northwestern Minnewashta is when they
killed the cattails, well those just floated over and attached themselves there so we killed
them. So that's why I, does that make it expendable, the fact that it floated over. It seems to
be a natural way...
Desotelle: I had the same question with Eurasian Milfoil you know, it got cut off and it
floated over and planted itself. If the question comes up again, call me and we'll call DNR
and identify...
Mancino: I'd like to move that we open this for public hearing.
Harberts moved, Ledvina seconded to open the public hearing. All voted in favor and
the motion carried. The public hearing was opened.
Conrad: It should be noted that there's nobody here.
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Planning Commission Meeting - July 6, 1994 1
Mancino: Is there anyone here in the vast audience that would like to get up and speak? '
Ledvina moved, Harberts seconded to close the public hearing. All voted in favor and '
the motion carried. The public hearing was closed.
Mancino: Diane.
Harberts: I have no comment. I
Conrad: Are there any standards here, I think some were taken care of but are there any
standards in terms of lot sizes, impervious surface, that we have liberalized based on the DNR
standards versus standards that we do have in our ordinances? I
Aanenson: Well the one we did is the. '
Conrad: Is it Lake Susan?
Aanenson: Not riparian lots. '
Desotelle: Kind of natural lakes. 20,000 square feet is the DNR and we asked for flexibility
requiring to have it at 15,000 which is our current lot size for... management plan in place and
we show that the city would allow us the flexibility for lot sizes...
Aanenson: If you look on page 6, Section 20 -480.
Conrad: Okay. So riparian lots require. I
Aanenson: Riparian is still 40. Actually it's the non - riparian. We're still saying if you're
adjacent to the lake ... we kind of batted that one around because we said once you're off the '
lake, we felt like our storm water management plan ... equates to people that are doing as good
a job. It needs to be ... DNR gave the flexibility to say, really if you maintain the average, we
don't care if you have some less than and that's kind of what we wanted to see too. So '
again, it's just for natural environment.
Mancino: Could we say an average of 20? ,
Aanenson: We looked at that.. I
Desotelle: Yeah, the big question was, we have to redefine how we would average 20 and it
would over the whole lot. '
41
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Planning Commission Meeting - July 6, 1994
Aanenson: It got too complicated because we looked at that with the city attorney.
Desotelle: Yeah, and he thought do you want to do that or look at it on a case by case basis.
Conrad: Any others?
Desotelle: The other flexibility request was the impervious surface coverage. To have it up
to 35% on Lake Susan because of the industrial zone there. The recommendation by, or the
state ordinance is 25 %...and again, because of our ... current conditions on Lake Susan and
Rosemount there, we asked that they cannot...
Aanenson: Plus also if you look at the list of uses that we have in our industrial park, we felt
that that was compatible for the types of businesses...
Conrad: Now the way I read.
Mancino: So we're more liberal than the DNR?
Aanenson: Again you have to look at the purpose or the intent of this. We feel like we have
a lot of ordinances that, the reason why this is an ordinance, if you look at ... so we're saying
because we're already doing that stuff, it's kind of like you have to give them the flexibility
' to match our own. The way we read the impervious surface ... The intent is the preservation of
the natural features and we feel like we're accomplishing that based on...
Diane Desotelle made a statement that was not clear on the tape.
Conrad: The DNR standard, we can always be more strict or stringent than DNR standards.
They're not known to be the tightest. In fact the more you learn about what the DNR does,
I'm not real confident. Their rules get developed through a real political process of a lot of
give and take and I'm not always confident that they're environmentally, these rules have
been developed because of their pure environmental nature. They are a political beast. So
every time when we start taking them for a standard, I worry a little bit about it. And then
when I see that, we can be more strict and I'm trying to rationalize liberalizing. It's tough to
get a good standard in place so when you liberalize it, I really want to make sure we're doing
it for the right reasons. And it's not a break even situation. It's not well we have all these
other things in place so we can give up this and so you know, so it's ... no place, then I don't
think we've done it.
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Planning Commission Meeting - July 6, 1994 1
Aanenson: I don't think we're saying that at all. I think again, you have to go back and this
has been in the works about a year and a half. Jo Ann spent a lot of time on it. This is what ,
Paul and Jo Ann spent a lot of time trying to get to this point. And again, I don't want to
say that because we need... What we're saying is we're still above a lot of their goals. If you
look at the underlying goals of what they're trying to accomplish, we feel like we're ,
exceeding that in the way we interpret that.
Desotelle: I think here we're just trying to tie in as well as possible to what our
comprehensive plan says and how things are zoned and ... felt very confident that that was the
way the comprehensive plan was written. So they just wanted to keep it consistent with the
comprehensive plan. ,
Ledvina: Well let's look at where the inconsistencies are. Now for the land that's abutting
the surface water that we're consistent with DNR. What we're saying is that the lots that are '
off water, like in a subdivision, they can be, normally DNR would say 20,000 square feet so
we're saying they can be in accordance with our ordinance which would be 15,000 square
feet so. '
Mancino: But what's the distance?
vina: Well within 1000 feet of the surface water body. That's the shoreland. So what
Led y
we're looking at is, we're relying on our system of storm water control in those more upland
areas which we have in place and will have in place to enable us to go ahead with that '
number.
Desotelle: And a couple more things that we hear. They are more conservative and all our ,
lot widths will be changed to 90 feet. The DNR says 75 feet. And the minimum we ask too
that with the setbacks, that if there's other existing structures in place, further back, that those '
be averaged instead of allowing those structures to be set back in front of the existing
structures.
Aanenson: That came out of the Ken Durr ... on that subdivision. He had a 200 some plus ,
setback and he provided to the city what some of the other cities were doing as far as
averaging setbacks along shores so we looked at that. What we're saying, instead of creating '
the large lots, that due to the purpose, isn't it better to maybe make them a little bit smaller
and get a better pond use in those pre- treatment stuff and I think that would be ... for a lot of
communities that don't have that sort of thing whereas we're, we've got a storm water '
management plan to accomplish that. To make it work you've got to ... as Diane indicated...
density to make that work. They're saying, the DNR is saying, if you have large lots you're
43 1
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.� Planning Commission Meeting - July 6, 1994
accomplishing protecting the environment. What we're saying, well we think it makes more
' sense to do some of these pre - treatment ponds ... but again, you look at the...
Mancino: But we can add to it. There's no question that if you make a bigger lot, you're
going to do more soaking and.
Conrad: Yeah, I think I'd buy our philosophy. I think I can, you get a chance to, I think we
' have the right tools in place actually on the lot size off the non - riparian issues. It's probably
okay at the 15,000, even though we could go up to the 20. It's just, I just wanted to
intellectually go through that a little bit and assure myself that we had the right tools in place.
' The other thing, go back to the coverage of the impervious surface. We allow 70%v. We're
allowing 70% in the Lake Susan industrial area, is that what we've said?
Desotelle: 70% impervious coverage?
Conrad: That what it says here.
' Aanenson: Yeah. For industrial zones.
' Desotelle: Right.
Conrad: And what, and normally that's what we typically allow in an industrial zone. What
was the DNR standard for an industrial backing up to a lake?
Mancino: I would think you'd want to treat the industrial backing up to a lake the same as
you would riparian rights for residential, being a little bigger.
Aanenson: Well this is kind of an anomaly, based on the fact that Rosemount went in
already. If you look at what we already have... situations where that's going to occur.
' Conrad: So the 70% is really, we put that in to be consistent with what we've allowed
basically.
' Aanenson: Yeah...
Desotelle: That's how I understood it.
' Aanenson: And in order to do that we had to provide some, we had to protect, that was kind
of with the park on there too. We had to ... compromise that so there was a give and take on
that.
1 44
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Planning Commission Meeting -July 6, 1994
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Conrad: Right. Well I'm comfortable with what we did. But now we're making it as a
standard. I
Desotelle: Just for Lake Susan.
Aanenson: Just for Lake Susan. Just for Lake Susan shoreland district. It legitimizes just... '
It wouldn't apply anywhere else.
Conrad: And why do I see that, why do you tell me that that's just for Lake Susan?
Aanenson: Well if you recall Mission Hills. I
Conrad: I'm looking on page 13 in this ordinance.
Aanenson: It says, (b) it says, within the Lake Susan shoreland district. Section 20 -485. If
you recall when Mission Hills went in and they have that commercial piece plus ... medium
density. We looked at the shoreland ... They were between the Rice Marsh Lake ... Lake '
Susan... So we had two of our shoreland districts with different standards. But yeah, we do
apply this.
Conrad: Where are the words that Y ou're reading to me? '
Desotelle: On page 13, Section 20 -485. Impervious surface coverage lots shall not exceed
25 percent of the lot area except, and then number (b). Seventy percent (70%) in the
industrial zones within the Lake Susan shoreland district. ,
Conrad: Okay. And then what are they in other zones?
Desotelle: 25 %. '
Aanenson: They're again at 25%v and there's just two exclusions from that. '
Conrad: Okay.
Desotelle: Now the medium/high density is 35%. That would be city wide. '
Mancino: Is there more, is there going to be more building in the Lake Susan shoreland I
district? In the industrial zone? I mean are there more lots there?
Aanenson: There's not much more to the north. I
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I Planning Commission Meeting - July 6, 1994
I Desotelle: There's a little bit to the southeast.
' Aanenson: Residential. Yeah, as far as industrial, I'm not sure there's much more. ...within
the district, we're not talking riparian ... TH 101 and significant road separation...and the same
with Lake Susan. It goes out over TH 101. So yes, there will be someone in the shoreland
district, but not riparian. And again, we pre -treat it and all that sort of stuff so that's what
I'm saying.
' Conrad: Okay, so we're talking industrial. We're saying the standard can be 70%
impervious. And so, and you're saying, Kate did you say that there can be more industrial
' moving in?
Aanenson: Within the shoreland district. At 1,000 feet.
' Conrad: Okay, and it could be heavy industrial or could it, or will it. Is it forced to be light
industrial? I'm not comfortable having industrial going in there at 70% impervious.
' Aanenson: Well we don't know how many industrial ... We have this property over here that's
zoned currently industrial office park.
Mancino: Is that the Ward property?
Aanenson: No. The Ward property, correct. So that's all within the 1,000 feet. Again, it's
separated by the extension of TH 101. So here's where we asked for some flexibility. We're
saying wait a minute, we would require them on...
Conrad: I think we're okay. That's it. Well, we're there already.
Mancino: In one place and that was a PUD so there's a reason for that. And it was a PUD
and there's give and take but what if you get with somebody coming in that's not a PUD?
Conrad: They won't be on the lake though. They'll be within the 1,000 but they won't be.
Mancino: Not riparian.
Conrad: Yeah.
Aanenson: Right, that's what I'm saying.
Conrad: That's what solves it for me.
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Planning Commission Meeting - July 6, 1994 1
Mancino: And it explicitedly says, non -riparian here?
Aanenson: Okay, I was telling you that. That that's for those bluff developments. ,
Ledvina: So we're looking at it as any other area?
Mancino: Okay, gotch ya. Okay, Matt. '
Ledvina: Well I know you're concerned with monkeying with the language in terms of a ,
standard DNR format but I feel that this is our ordinance and it really should say what we
want it to say. I think there are some things that we can do to enhance the policy statement
and throw some things out that I talked about last time. '
Desotelle: It was just recommended by the attorney, by Roger Knutson. He said, he just
didn't recommend that we mess around with the wording so that's why I thought well, you ,
know, I'll let it be.
Ledvina: So Roger suggested that we maintain that specific language?
Desotelle: Exactly verbatim because some of it ... keep it verbatim from what the State Statute
says and they go through their difficult process and I guess what he came down to was you
have to decide how important it is. If it's very important, if it's going to really make a big
difference in how ... then we should definitely change it. If you don't think it's going to make ,
a big difference, then you could ... go through it and actually...
Ledvina: Well what's the down side of changing the policy statement? ,
Harberts: Understanding your intent.
Aanenson: It just leaves with more ambiguity.
Ledvina: Well what I would like to do is make it more clear in terms of our objectives for '
our ordinance here in Chanhassen. That's my goal.
Aanenson: We can certainly forward those onto Council... let's just go ahead and forward it '
to Council and they can make the decision.
Ledvina: Well okay. I don't want to do it just blindly because I think it should be done, but. '
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I Planning Commission Meeting - July 6, 1994
Aanenson: Sure, if you guys feel strongly you can put it in there and well send it up to the
' Council and they can respond.
Ledvina: Sure. Well number 1 is, as I indicated to you before, I think this ordinance stands
on the merits of environmental protection and I don't feel that references to tax base are
appropriate. And to that extent I would propose a change in the first sentence of item (d).
The uncontrolled use of shoreland of Chanhassen affects the public health, safety and general
' welfare and contributes to pollution of public waters, period. And further in the paragraph,
legislature of Minnesota has delegated responsibility to local governments of the state to
regulate subdivision use, development of the shorelands and public waters and thus preserve
' and enhance quality of surface waters conserve the natural environmental values of shorelands
and provide the wise use of waters and native land resources.
' Desotelle: Could you repeat that one again please?
Ledvina: I'm eliminating the reference to economic value. And one other thing. In addition,
this would be an additional paragraph under that section. And essentially what I'm doing is
I'm going to page 12 and talking about shoreland alterations and I would propose that to read,
alterations of vegetation and topography within the shoreland shall be regulated to prevent
' erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic
values, prevent bank sloping, and protect fish and wildlife habitat.
Aanenson: Add that in?
Ledvina: Yes. Add that to the policy under item (b). I just, I think that if we would go
' ahead and make those changes, I think it would be more direct in terms of what we're doing.
' Desotelle: I'll double check again and just make sure what Roger, if he doesn't think we
have to go through a process with the DNR.
' Ledvina: Well if that's the case, I don't want to make more work for the city staff but again,
it is our ordinance you know and I don't want to create some big hurdles for you people. I
know you have to follow up on this stuff but at the same time, those are my comments.
' Mancino: Thank you. Jeff.
Farmakes: No comments on this issue.
Mancino: Okay. I don't either. I think I gave them to Diane. Do I hear a motion?
48
Planning Commission Meeting - July 6, 1994
mmi ion recommend adoption of the Shoreland r
Ledvina: I would move that the Planning Co ss p
Ordinance with the changes in the language discussed. ,
Mancino: Do I hear a second?
Harberts: Second.
Mancino: Okay, any discussion? I just want to make clear Matt. You're kind of asking '
Diane to go over those with Roger. To do a check with Roger first before they're
implemented.
Ledvina: Yes. Well if.
Aanenson: We'll still put it in the Planning Commission update to say that you had these '
concerns about the intent statement and would like to see it modified...
Mancino: Great. Does that do it?
Ledvina: Well I guess if the city attorney feels that we're losing some strength in making ,
those modifications, then I certainly don't want to occur because within the ordinance you
know there's definitely, I'm not really adding anything new to it. I'm just bringing the '
statements more to the front in terms of objectives. So you know, if it turns out that that's
not acceptable as far as the legal perspective, that there is concern, then I understand but I'd
like to see those changes. '
Ledvina moved, Harberts seconded that the Planning Commission recommend adoption
of the Shoreland Overlay District regulations amended to reflect the changes indicated '
by Commissioner Ledvina subject to the City Attorney's review. All voted in favor and
the motion carried.
APPROVAL OF MINUTES: Farmakes moved, Conrad seconded to approve the Minutes of
the Planning Commission meeting dated June 15, 1994 as presented. All voted in favor, '
except Diane Harberts who abstained, and the motion carried.
Conrad: I thought we just had to note the Minutes and we're approving them recently. I
thought we just had to note them. That's okay but Joe's doing it all the time and I think we
had decided that noting them was just okay. '
Mancino: Well I know that a couple times Matt has had some changes and it's been kind of
good to go over them and formally or something, I don't know. '
49