6. City Code Amendment to adopt definition of "Bluff"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 Manager
FROM: Kate Aanenson, Planning Director
DATE: August 16, 1994
SUBJ: Amendment to City Code to Adopt the Definition of "Bluff" to Include City-
wide, Final Reading
I BACKGROUND
' At the August 8, 1994, the city council :
but that an article be placed in the Chan
well as scheduling this ordinance on the
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ANALYSIS
fended that the Bluff Ordinance be amended,
Villager explaining the Bluff Impact Zone, as
agenda instead of the consent agenda.
In the August 11 edition of the Chanhassen Villager, an a
Impact Zone. City staff did not receive any calls as a res
The ordinance amendment changes two sections of City C
which first applied only to single family and PUD zones,
second is the application of the bluff definition city- wide.';
le appeared about the Bluff
of this article.
The first is for landing areas
►w applies city -wide; and the
1. Proposed Code Amendment
2. Article from the August 11 Edition of the Chanhassen Villager
3. City Council minutes dated August 8, 1994
MEMORANDUM
i
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.)
Thursday, August, 11, 1994 —
;ity toys
vith bluff
Jef inition;
peeks input
The definition of the word "bluff' '';
city ordinances may or may not
npact how land is used in
hanhassen.
The city council Monday night
)proved fast reading of a city-wide
)placation of the word "bluff' in its
rdinances. But the council wanted
lore input from the public who may
e affected by this change.
According to. Kate Aanenson,
lapning director, currently the city
ssbciates bluffs with a Bluff Impact
.one, an area established to protect
seep banks from development along
fluff Crpek. The change would be to
extend the definition city-wide for,
various areas where steep terrain may
be developed in order to stem erosion
and sedimentation into water basins.
A bluff, then, would be considered
any slope of at least 25 feet with a
grade of 30 percent or greater, and its
development would be subject to the
city's bluff protection ordinance.
Aanenson said the purpose of the
language change is to protect the
unique topography in some areas of
town.
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"You Can WThe
Making a memory • `
"THE MEMORIES" performed last Thursday night as part of the Lawn Chair Lyrics concert series through
the Chanhassen Park and Recreation Department. "The Memories" played some classic tunes at the future site
of Central Park. (Staff photo by Kathy Nelson)
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i City Council Meeting - August 8, 1994
' Councilman Senn: Well, that one makes me more comfortable because I look at it and say there's an eye right
in the middle of, I mean that could in effect make that a combined zone for whatever period of time by taking
' that action out.
Kate Aanenson: You mean ... based on a more current type of use.
' Councilman Senn: Yeah. Well I mean it could be an eye there forever technically on that basis right?
Kate Aanenson: ...attach conditions on there such that.-That'd be an option.
' Mayor Chmiel: Okay, with that I'll call the question.
' Councilman Wing moved, Councilwoman Dockendorf seconded to approve the first reading of
amendments to Article XX. "BF" FRINGE BUSINESS DISTRICT to read as follows:
ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT
Section 20 -771. Intent.
The intent of the "BF" District is to accommodate limited commercial uses temporary in nature without urban
services, while maintaining the integrity, minimizing impact, and protecting the natural environment. When
urban services are available, land use may change to a higher and improved use of the property.
' Section 20 -771.1 Permitted Uses.
1. Wholesale Nursery/Greenhouse/No Retail (Pursuant to Sec. 20 -257).
' 2. Private Park/Public Park.
3. Single Family Dwelling (One Unit Per 10 Acres).
4. Agriculture.
' Section 20 -773. Conditional Uses.
' The following are conditional uses in a BF District:
1. Motor fuel stations without car washes.
2. Truck/trailer /auto /sporting goods and boat sales/rental.
3. Utility services.
4. Cold storage and warehousing.
5. Miniature Golf Course (Pursuant to Section 20 -265).
' All voted in favor and the motion carried.
' AMENDMENT TO CITY CODE TO INCLUDE THE DEFINITION OF "BLUFF" CITYWIDE. FIRST
READING.
Kate Aanenson: As you're aware the City had a bluff impact zone ... number of years and as we develop further
and as part of the Highway 5 corridor study we realized that one of the unique features of Chanhassen is our
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City Council Meeting - August 8, 1994
topography and the preservation of that interesting topography. And we've had a number of subdivisions in
recently that we felt like we just didn't have the tools to review as far as the impact zone so we, this was kind of
initiated by the staff—and try to preserve some of our natural features. So we recommended applying the bluff
'
ordinance city wide. We went back and looked through the history of why it wasn't ... first went before the
Planning Commission and originally it was. And then it was a concern of how much of the city would be
impacted and is this the right percentage of slope and the former Director, Paul Krauss and Rick Sathre sat
down ... felt like gee maybe it should be applied citywide. Maybe the impacts would be too significant and we
'
feel like that was short sighted. We revisited that and looked at a number of areas in the city and we all thought
it would be that ... but where it is, we certainly feel like those are areas we would want to preserve ... feel strongly
that it would be short sighted to eliminated that natural feature. So we're recommending two minor changes that
'
would apply to the city wide. And again, we don't feel like there's a significant amount of bluff areas that we
want but those that we do have, we would recommend to preserve them. And those recommended changes are
that it be applied city wide instead of just—the ordinance proposed in front of you and then also that the official
map be changed because the way it's mapped now, it just shows the southern area. And when we went before
'
the Planning Commission they recommended approval except Commissioner Conrad who was concerned about
all the history that went before when the Planning Commission looked at this and spent a lot of time ... and we
did talk to former Commissioner Erhart, who also had a lot of concerns and I think he realizes now where we've
'
come as far as the Highway 5 corridor study and working on a lot of the natural features, including the Bluff
Creek as it runs along the city as a part of that so I think he feels comfortable now. He has a really big concern
about the definition of slope. Not applied city wide but our actual definition of slope. I think he feels
'
comfortable now using the same definition. We feel it would be very awkward trying to have two definitions to
try to work this over so we feel strongly with just staying with the DNR's definition and we'd recommend that.
Mayor Chmiel: Okay. Now this is still, as it indicates, fast reading?
'
Kate Aanenson: Correct.
'
Mayor Chmiel: Okay, we had discussions on this before and so we'll just go from that point forward. Okay
Richard, any questions?
'
Kate Aanenson: Let me make just one comment. If there is a concern about this and ... we can also look at the
variance issue too if there's an anomaly that just doesn't work and...
Councilman Wing: I'm concerned that, well first of all this is, let me organize my thoughts a minute here. The
,
history of this dates back before the 1990's and I've said this before and I'll say it again. It's the decade of
rethinking and redesigning and replanning and what they thought and did back in the 70's and 80's during this
historic period they're talking about, has no relationship to the city today. My concern is that this is falling short
'
of what I think we should be doing. I think we should, we have let this city develop, part of it, this old school
where you just simply came in and leveled it and put your houses down and put your roads in. That doesn't fly
anymore. And I guess what I was hoping we'd come up with, and this is a good start, is a slope ordinance.
And now you say we don't want the double definition and so if we stay with bluff, I can accept that but we
'
were, I think when I talked to the Arboretum, we were talking about you can't destroy more than 20% of a slope
or hill. I think that was, the reason I started out with 10 %. You only take 10% of the top off and then they said
no, nothing would be buildable. But you could get into 20% and then you have to build, my point here is, you
,
have to build to the terrain. You can't just level it out like the school did. But there are areas where there
would be exceptions and I don't question that at all. Kate, do we have to, after the Highway 5 corridor study's
done and low income housing and all this other stuff, would we want to take this and pursue it the next step
'
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City Council Meeting - August 8, 1994
further and to try and protect our existing terrain as much as possible or is this going to sort of come.
Kate Aanenson: This is a stop gap on the severe bluffs. What we're finding is now as we're going through the
Lake Lucy areas and ... there's a lot of slopes to that area and that would solve.
Councilman Wing: 25 footers?
Kate Aanenson: Yeah, there's some in there. Yeah in Shadow Ridge, which you'll be seeing at the next City
Council meeting. You're right though, I think maybe the slope may be another issue that may be separate from
this one.
Councilman Wing: Well I'm real pleased you picked up on this and I'm real pleased you moved on it and I
think, like you say, it's an excellent stop gap and I'm really excited that you hustled on this because the days of
leveling it out I think have got to be over for Chanhassen and like you say, this is a real start so I'm real
enthusiastic about this and I would say thank you for getting it to us.
Mayor Chmiel: Good, Colleen.
Councilwoman Dockendorf: I think you just answered my question that I had in your last comment, which was
where. I mean where in other areas of the city do we have concerns and it's mostly around Lake Lucy?
Diane Desotelle: We haven't looked at it really closely but that seems to be where it's one of the higher points
in the city where we've had some concerns that we've looked at. And then there are some other areas in the
southern end that we're going to address. Mostly the bluff impact zone map is strictly within creek area.
Councilwoman Dockendorf: Okay. The other ones, it's just hit and miss as to.
Kate Aanenson: And that's why we looked and though we'll try to map them but as soon as we try to map
them we're going to miss something and so until we actually get a plat submitted, we may not know so we think
it's best just to leave the definition of a bluff.
Councilwoman Dockendorf: Okay. Just a comment on the actual wording of the ordinance. You're taking out
the planned unit development, which just simply means instead of a comma you need an and inbetween the two
uses. Picky picky. It's a short ordinance. I read it.
Mayor Chmiel: Short, direct and to the point. Okay Mark.
Councilman Senn: Kate, I like where you're heading with it. I guess Council my concern is that, a little bit of
public process and that is is that unless we identify the areas, are we really adequately informing the affected
property owners and giving them a chance to comment?
Kate Aanenson: Well we are using lots of records for this is anybody that comes in for a subdivision plat.
Councilman Senn: Well I understand that but there could be a lot of existing property owners out there being
affected by this who don't even know we're putting it into effect.
Kate Aanenson: That would come forward with developments?
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City Council Meeting - August 8, 1994
Councilman Senn: I don't know. Maybe just to expand their house or something, I mean I don't know.
Kate Aanenson: Well this would be for new subdivision plats as far as that would be for setbacks and then you
do the variance.
Councilman Senn: So this only pertains to new subdivisions? Not existing homes or expansions. That's
different than in this case but that's not what I got from out of this. I tell you, I had some concerns about what
we're doing affecting people here that wouldn't know about it.
Diane Desotelle: That's a similar situation to what happens with the wetland ordinance. We've had some
people wanting to put decks on and whatever and now they're not meeting setbacks so it is something...
Councilman Senn: I understand that. We've got that one coming up.
Diane Desotelle: ...do you apply the variance in that situation.
Councilman Senn: Well again, getting a variance down the road is fine but again, I question the process if we
don't let people know up front that they're being affected by things.
Councilwoman Dockendorf: But how do we effectively do that?
Councilman Senn: Well, wetlands we mapped them for example so that pointed out the affected properties.
You know we've provided no designation here one way or the other of what the affected areas are. I mean even
if it's a general area. I mean it's better to ask for too much than none. I'm not saying going down to it a parcel
but if you know there's a bluff area in this region, can't you just kind of blank out the area and send a notice out
to the people and say there's something, so I mean if they have a question or concern they can at least come and
raise it.
Mayor Chmiel: They're not aware as to where all those locations are. And that's probably where it's going to
come in. Maybe there could be special attention brought through the newspaper indicating that this is going on.
First reading has taken place and that the second place is going to take place at our next Council meeting. If
there's anyone with concerns in regard to it, to come back in and attend the Council meeting prior to that second
reading.
Councilman Senn: That's a good part measure as long as it really tells them in English what we're doing. You
know it says hey, if you own a property that has this situation on it, you better be aware that this could affect
you and you should get in here. That assumes everybody reads the newspaper in the area but it's better than
nothing.
Mayor Chmiel: At least it gives us a chance to, it gives that opportunity for them to look at it. They may or
may not. Okay, I guess looked at this and I really didn't have too much problem with it really as long as we
continue with the values of keeping and preserving our natural features within the city. I think that's one of the
major concerns that I had with it. So I would like to get a motion. City Council approve the amendment to
Article XXVIII, Section 20 -1402 and Section 20 -1406 as noted in Attachment #1 for the first reading.
Councilman Wing: I'll move that with one addition to clarify Mark's position that prior to returning to Council.
First of all I think it should be on the agenda rather than consent agenda for this reason. And that there be some
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public notification given prior to returning to Council.
Councilwoman Dockendorf: I'll second it.
Mayor Chmiel: Moved and seconded. Any other discussions?
Councilman Wing moved, Councilwoman Dockendorf seconded to approve first reading of the amendment
to Article XXVM, Section 20 -1402 and Section 20 -1406 as noted in Attachment #1 with the condition that
some public notification be made prior to coming back for final reading. All voted in favor and the
motion carried.
AMENDMENT TO CITY CODE AND COMPREHENSIVE PLAN TO ADOPT THE SURFACE WATER
MANAGEMENT PLAN (SWMP), FIRST READING.
Diane Desotelle: Well here it is, Surface Water Management Plan. It's been though a lot of work and I'd like
to praise the city for doing this. I came along towards the end here and tried to now get it to ... and start to see
what it's going to be like to implement it. Basically we've gone through the task force meetings. We had a
couple work sessions with Planning Commission. I tried to include a number of questions and answers that I
thought maybe were questions that would come up knowing that it's a very extensive thing to read and ... but the
first half I think is really important. If you read any of it, the first.-really covers it and has some really good
descriptions on what we're doing and why we're doing it. We have our consultants here with us tonight and I
don't know if they're going to want to speak on it but I'm here to answer questions and try to help you
understand it as best as possible.
Mayor Chmiel: Thank you Diane. I had discussions with Diane again this afternoon too. I must say that I
didn't take the opportunity to go through this in the entirety but I did review much of the executive summary
and some of the table of contents and different chapters in here and just sort of peroused it but as I looked at it,
I think Chanhassen is probably on the cutting edge to make sure that we are doing everything we can to protect
all the waters and everything within our confines of the city or the corporate limits of the city. And I really
applaud all those people who have had the opportunity to serve on this particular committee and work this out
and it took many, many nights of working it. Pulling together. Coming up with conclusions as to seeing what
they felt was really pretty good. I know that some of the Council also sat in on this as well so I sort of, I like
what I see and to think that we're ahead of everybody else I think.
Councilman Wing: Me too.
Mayor Chmiel: Good. Okay, so with that I don't know if there's any need for any presentation at this time.
Has everybody had an opportunity just to look at it. They knew that it weighed 10 pounds 3 ounces and that
there's a lot of good things for the city. But I would entertain any questions Council might have in regard to the
proposed Surface Water Management Plan. Richard.
Councilman Wing: After this much scrutiny and having sat through the history of this, I wouldn't even touch it
at our level. I'm very pleased with it. I wish I could have lifted it.
Mayor Chmiel: Well I just brought it along making sure the TV audience that sees this is in 2 weeks and know
that they did a lot of work with it. Colleen.
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