3 Amendments Streets Flag Lots3
CITYOF
CHANHASSEN
690 City Center Drive
PO Box 147
~hanhassen, Minnesota 55317
Phone
952. 937.1900
General Fax
952.937.5739
£ngineering Department lax
952.937.9152
Building Department Fax
'952.934.2524
Web Site
www. ci. chanhassen, mn. us
TO:
FROM:
DATE:
MEMORANDUM
Todd Gerhardt, Acting City Manage~~ f
Sharmin A1-Jaff, Senior Planner ~' ~¢.
July 9, 2001
SUBJ:
Consider Amendment to City Code Affecting Private Streets and
Flag Lots, Including Amending Definitions for Consistency
BACKGROUND
The Planning Commission requested changes to the City Code that would
regulate the use and application of private streets and flag lots as well as unify
definitions throughout the Chapters.
ANALYSIS
Staff made the required changes to the City code. In summary, the amendments
included:
Definitions were modified to be consistent internally;
Flag lots and private drives are allowed by variance only in the A-2, PR,
RSF, and R-4 Districts.
PLANNING COMMISSION UPDATE
On June 19th the Planning Commission approved the amendments to Chapters
18 and 20 unanimously.
RECOMMENDATION
Staff recommends approval of the attached amendments to the City Code. All
new language is shaded, and deletions have been struck through.
g:\plan~saXamendment to city code
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CODE OF ORDINANCES
City of
CHANHASSEN, MINNESOTA
Codified through
Ord. No. 311, adopted Oct. 23, 2000.
(Supplement No. 13)
CITY CODE
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute
and be designated the "Chanhassen City Code" and shall be so cited.
State law reference(s)--Authority of city to codify, M.S. § 415.021.
Sec. 1-2. Rules of construction and definitions.
In the construction of this Code and of all ordinances the rules and definitions set
out in this section shall be observed unless such construction would be inconsistent with
the manifest intent of the city council. The rules of construction and definitions set out
herein shall not be applied to any section of this Code which shall contain any express
provision excluding such construction or where the subject matter of the context of such
section may be repugnant thereto.
Generally. All general provisions, terms, phrases and expressions contained in
this Code shall be liberally construed in order that the true intent and meaning of the city
council may be fully carried out. In the interpretation and application of any provision of
this Code, they shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare. Where any
provision of the Code imposes greater restrictions upon the subject matter than the
general provision imposed by the Code, the provision imposing the greater restriction or
regulation shall be deemed to be controlling.
City. The word "city" means the City of Chanhassen, Carver and Hennepin
Counties, Minnesota.
City clerk. References to the "city clerk" or "clerk" are to the city clerk/manager.
Cross reference(s)--Office of city clerk and city manager consolidated, § 2-19.
City manager. References to the "city manager" or "manager" are to the city
clerk/manager.
Cross reference(s)--Office of city clerk and city manager consolidated, § 2-19.
City council or council. The words "city council" or "council" mean the city
council of Chanhassen, Minnesota.
Code. The word "Code" means the Chanhassen City Code as designated in
section 1-1.
Conjunctions. "Or" may be read "and," and "and" may be read "or" if the sense
requires it.
Coutzty. The word "county" means Carver County or Hennepin County, or both
Carver and Hennepin Counties, as appropriate.
Delegation ofattthority. Whenever a provision appears requiring the head of a
department or some other city officer to do some act or perform some duty, it is to be
construed to authorize the head of the department or other officer t° designate, delegate
and authorize subordinates to perform the required act or perform the' duty unless the
terms of the provision or section specify otherwise.
Gender. A word importing the masculine gender only shall extend and be applied
to females and to firms, partnerships and corporations as well as to males.
Joint authority. All words giving a joint authority to three (3) or more persons or
officers shall be construed as giving such authority to a majority of such persons or
officers.
May. The word "may" is to be construed as being permissive.
May not, shall not. "May not," "shall not," and similar phrases have a mandatory
negative effect and state a prohibition.
Month. The word "month" means a calendar month.
Must. The word "must" is to be construed as being mandatory.
Nontechnical and technical words. Words and phrases shall be construed
according to the common and approved usage of the language; however, technical words
and phrases and such others as may have acquired a peculiar and appropriate meaning in
law shall be construed and understood according to such meaning.
Number. A word importing the singular number only may extend and be applied
to several persons and things as well as to one (1) person and thing.
Oath. The word "oath" shall be construed to include an affirmation in all cases in
which, by law, an affirmation may be substituted for an oath, and in such cases the words
"swear and sworn" shall be equivalent to the words "affirm" and "affirmed."
Officials, employees, boards, commissions, etc. Whenever reference is made to
officials, employees, boards, commissions or other agencies of the city by title only, i.e.,
"mayor," "city manager," "clerk," "chief of police," etc., they shall be deemed to refer to
the officials, employees, boards, commissions or other agencies of this city.
Ordinance or city ordinance. The unqualified use of the term "ordinance" or "city
ordinance" shall be construed to be followed by the phrase "of the City of Chanhassen,
Minnesota."
Owner. The word "owner" shall, when applied to a building or land, include any
part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by
the entirety of the whole or of a part of such building or land.
Person. The word "person" means any human being, any governmental or
political subdivision or public agency, any public or private corporation, any partnership,
any firm, association or other organization, any receiver, trustee, assignee, agent, or other
legal representative of any of the foregoing or any other legal entity.
Property. The word "property" includes real, personal and mixed property.- .
.
..
Real property. The words "real property" includes lands, tenements and
hereditaments.
Shall. The word "shall" is to be construed as being mandatory.
Sidewalk. The word "sidewalk" means a ~ way, public or private,
comprising a portion of thc boulcvard of a stroct, including that portion of thc strect
bctwecn thc curblinc and thc adjaccnt propcrty linc which is improved, designed or
intended for the principal use of pedestrians.
Signature, subscription. A signature or subscription includes a mark when the
person cannot write, provided that the person's name is written near such mark and is
witnessed by a person who writes his own name as witness.
State. The words "the state" or "this state" shall mean the State of Minnesota.
Statutes. References to "statutes" are to the Minnesota Statutes unless otherwise
specified.
Street. The word "street" means a ~_gbli6~k~way, public or ~ private
~~ for thc conv~-~,'~h~-l~~ally of vchicula;"traffic, ~~
dcsignatod as a street, avcnuc, parkway, road, allcy, lane, throughway, cxprcssway,
highway, place or howcvcr otherwise designated, consisting of a roadway and boulcvard,
thc latter of which may contain a sidewalk.
Tenant, occupant. The words "tenant," and "occupant," applied to a building or
land mean any person who occupies the whole or a part of such building or land, whether
alone or with others.
Tense. Words used in the past or present tense include the future as well as the
past and present.
Week. The word "week" means seven (7) days.
Written; in writing. The words "written" or "in writing" include any
representation of words, letters or figures, whether by printing or otherwise.
Year. Unless otherwise designated, the word "year" means a calendar year.
(Ord. No. 234, § 1, 2-27-95)
State law reference(s)--Interpretation of statutes generally, M.S. § 645.001 et seq.
Sec. 1-3. Computation of time.
(a) When the term "successive weeks" is used in any ordinance providing for
the publishing of notices, the word "weeks" shall be construed as calendar weeks. The
publication upon any day of such weeks shall be sufficient publication for that week, but
at least five (5) days shall elapse between each publication. At least the number of weeks
specified in "successive weeks" shall elapse between the first publication and the day for
the happening of the event for which the publication is made.
(b) When, in any ordinance, the lapse of a number of months before or after a
certain day is required, such number of months shall be computed by counting the
months from such day, excluding the calendar month in which such day occurs, and
including the day of the month in the last months so counted having the same numerical
order as the day of the month from which the computation is made, unless there be not so
many days in the last month so counted, in which case the period computed shall expire
with the last day of the month so counted.
(c) Where the performance or doing of any act, duty, matter, payment, or thing
is ordered or directed, and the period of time or duration for the performance or doing
thereof is prescribed and fixed by law, the time, except as otherwise provided in
subsections (a) and (b) of this section, shall be computed so as to exclude the first and
include the last day of the prescribed or fixed period or duration of time. When the last
day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted
from the computation.
(d) When an application, payment, return, claim, statement or other document
is to be delivered to or filed with a department, agency or instrumentality of this city on
or before a prescribed date and the prescribed date falls on a Saturday, Sunday or legal
holidays, it is timely delivered or filed if it is delivered or filed on the next succeeding
day which is not a Saturday, Sunday or legal holiday.
State law reference(s)--Similar provisions, M.S. §§ 645.13--645.151.
Sec. 1-4. Catchlines, history notes, and references of sections.
The catchlines of the several sections of this Code printed in boldface type are
intended as mere catchwords to indicate the contents of the section. Neither the
catchlines, history notes, or references shall be deemed or taken to be the titles of such
sections, nor as any part of the section, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines, are amended or reenacted.
(Ord. No. 234, § 2, 2-27-95)
State law reference(s)--Similar provisions, M.S. § 645.49.
Sec. 1-5. Provisions considered as continuation of existing ordinances.
The provisions appearing in this Code, so far as they are the same as ordinances
existing at the time of the adoption of this Code, shall be considered as a continuation
thereof and not as new enactments.
Sec. 1-6. Ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:
(1)
Promising or guaranteeing the payment of money by or to the city, or authorizing
the issuance of any bonds of the city or any evidence of the city's indebtedness, or
any contract or obligation assumed by the city;
(2) Appropriating funds or establishing or relating to the annual budget;
(3) Imposing taxes which are not inconsistent with this Code;
(4) Establishing positions, classifying employees or setting salaries;
(5) Granting a franchise;
(6)
Dedicating, naming, establishing, locating, relocating, opening, paving, widening,
or vacating any street or public way;
(7) Establishing or prescribing street grades;
(8) Providing for local improvements and assessing taxes therefor;
(9)
Prescribing through streets, parking prohibitions, parking limitations, one-way
streets, speed limits, load limits or loading zones not inconsistent with this Code;
(10) Which rezones specific property;
(11) Dedicating, accepting or rejecting any plat or subdivision;
(12) Annexing or deannexing property;
(13)
(14)
Providing for a survival plan or relating to civil defense or civil defense
emergencies;
Rezoning specific property.
(15) Whose purpose has been accomplished;
(16)
(17)
Which is special although permanent in effect;
Which is temporary although general in effect;
and all such ordinances are recognized as continuing in full force and effect to the same
extent as if set out at length herein.
Sec. 1-7. Code does not affect prior offenses, rights, etc.
(a) Nothing in this Code or the ordinance adopting this Code shall affect any
offense or act committed or done, or any penalty or forfeiture incurred, or any contract or
fight established or accruing before the effective date of this Code.
(b) The adoption of this Code shall not be interpreted as authorizing or
allowing any use or the continuance of any use of a structure or premises in violation of
any ordinance of the city in effect on the date of adoption of this Code.
State law reference(s)--Similar provisions, M.S. § 634.35.
Sec. 1-8. Effect of repeal of ordinances.
(a) The repeal of an ordinance shall not revive any ordinances in force before or at
the time the ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding pending at the time
of the repeal for an offense committed under the ordinance repealed.
State law reference(s)--Similar provisions, M.S. §§ 645.35,645.36.
Sec. 1-9. General penalty; continuing violations.
(a) Whenever in this Code any act is prohibited or is made or declared to be
unlawful or an offense, or whenever in this Code the doing of any act is required or the
failure to do any act is declared to be unlawful or an offense, where no specific penalty is
provided therefor, the violation of any such provision of this Code shall be a
misdemeanor punishable to the maximum extent authorized in Minnesota Statutes section
412.231. Each day any violation continues is a separate offense.
(b) The city may bring an action to restrain, enjoin or abate violations of this
Code.
(Ord. No. 37, § 1, 8-18-69)
Sec. 1-10. Severability.
It is declared to be the intent of the city council that if any section, subsection,
sentence, clause, phrase or portion of this Code or any ordinance is held or declared to be
unconstitutional, inoperative or void, such holding or invalidity shall not affect the
remaining portions of this Code or any ordinance, and it shall be construed to have been
the legislative intent to pass this Code or the ordinance without the unconstitutional,
invalid or inoperative part therein, and the remainder of this Code or the ordinance after
the exclusion of such part or parts shall be deemed and held to be valid as if such part or ~
parts had not been included herein. If this Code or any ordinance or any provision thereof
is held inapplicable to any person, group of persons, property or kind of property, or
circumstances or set of circumstances, such holding shall not affect the applicability
hereof to any other person, property or circumstance.
Sec. 1-11. Supplementation of Code.
(a) By contract or by city personnel, supplements of this Code shall be prepared
and printed whenever authorized or directed by the city council. A supplement to the
Code shall include all substantive permanent and general parts of ordinances adopted
during the period covered by the supplement and all changes made thereby in the Code.
The pages of a supplement shall be so numbered that they will fit properly into the Code
and will, where necessary, replace pages which have become obsolete or partially
obsolete, and the new pages shall be so prepared that, when they have been inserted, the
Code will be current through the date of the adoption of the latest ordinance included in
the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have
been repealed shall be excluded from the Code by the omission thereof from reprinted
pages.
(c) When preparing a supplement to this Code, the codifier (meaning the
person, agency or organization authorized to prepare the supplement) may make formal,
nonsubstantive changes in ordinances and parts of ordinances included in the supplement,
insofar as it is necessary to do so to embody them into a unified code. For example, the
codifier may:
(1)
(2)
Organize the ordinance material into appropriate subdivisions;
Provide appropriate catchlines, headings and titles for sections and other
subdivisions of the Code printed in the supplement, and make changes in such
catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be inserted
in the Code and, where necessary to accommodate new material, change
existing section or other subdivision numbers;
(4)
Change the words "this ordinance" or words of the same meaning to "this
chapter," "this article," "this division," etc., as the case may be, or to "sections
to "(inserting section numbers to indicate the sections of
the Code which embody the substantive sections of the ordinance incorporated
into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code.
In no case shall the codifier make any change in the meaning or effect of ordinance
material included in the supplement or already embodied in the Code.
Chapter 7 BUILDINGS AND BUILDING REGULATIONS*
*Cross reference(s)--Structures near bodies of water, § 6-21 et seq.; fire prevention and
protection, Ch. 9; planning and development, Ch. 15; subdivisions, Ch. 18; zoning, Ch.
20.
Secs. 7-1--7-15. Reserved.
ARTICLE II. BUILDING CODE*
*State law reference(s)--State building code, M.S. § 16B.59 et seq.
Sec. 7-16. Standards adopted by reference.
(a) It is unlawful for any person to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use, occupy or maintain any
building or structure in the city, or cause the same to be done, contrary to or in violation
of any provision of this section.
(b) The Minnesota State Building Code, in its current edition, is adopted by
reference as if set out in full.
_
(c) Certain appendices, standards, and supplemental materials referenced in
the Minnesota State Building Code are adopted by reference as part of the building code
of the city:
(1) UBC Appendix, Chapters 38 and 55.
(2) Minnesota Rules section 1306.0100, including item 8 in subpart 3.
(Ord. No. 23-B, §§ 1--3, 7, 2-23-81; Ord. No. 23-C, §§ 1--3, 5-16-83; Ord. No. 82, § 1,
10-5-87; Ord. No. 84, § 1, 3-14-88; Ord. No. 167, § 1, 4-27-92; Ord. No. 237, § 1, 4-10-
95)
State law reference(s)--Adoption by reference authorized, M.S. § 471.62.
Sec. 7-17. Organization and enforcement.
(a) The organization of the building department and enforcement of this
article shall be conducted within the guidelines established by chapter 2 of the Uniform
Building Code.
(b) The public safety department shall be the building code department. The
administrative authority shall be a state building official.
(c) The appointing authority shall be the city manager. The appointing
authority shall designate the building official.
(Ord. No. 23-B, § 4, 2-23-81; Ord. No. 167, §§ 2, 3, 4-27-92)
Sec. 7-18. Fees.
(a) The fees to be paid to the city for building permits and inspections shall be
as established by resolution. The value of construction shall be determined by the
building official.
(b) Upon return of a building permit to the city by the holder thereof, with
proof satisfactory to the building official that no construction was undertaken pursuant
hereto, he shall refund to the holder the building permit fee paid by him, except that
twenty (20) percent of the fee paid or twenty-five dollars ($25.00), whichever is greater,
shall be retained by the city. A similar refund shall be made of any plan-checking fee
paid except that no refund shall be made if the city has caused the plans to be checked.
(c) In addition to the permit fee required by subsection (a), above, the
applicant shall pay a surcharge to be remitted to the Minnesota Department of
Administration as required by Minnesota Statutes 1990, § 16B.70.
(Ord. No. 23-B, § 5, 2-23-81; Ord. No. 84, § 2, 3-14-88; Ordo Noo 167, § 4, 4-27-92)
Sec. 7-19. Plans and specifications.
The building official may require that plans and specifications, required under
Section 302(b) of the Uniform Building Code, include a survey of the lot upon which the
proposed building or construction is to be done, prepared and attested by a registered
surveyor. An original signature is required on the certificate of survey. The survey shall
provide the following information unless otherwise approved by the administrative
authority:
(1) Scale of drawing and north arrow;
(2) Legal description of property;
(3) Dimensions and bearing of front, rear, and side property lines;
(4) Front, rear, and side yard setback dimensions of all proposed structures;
(5)
Location of all existing structures on the property, including but not
limited to sanitary and storm manholes, hydrants, catch basins, power
poles, phone boxes, fences, and any encroachments;
(6)
Outside dimensions of proposed structure(s) including decks, porches,
retaining walls (include elevations at bottom of footing and top of wall),
stoops, stairs, cantilevers, fireplaces, bay and bow windows, egress
window wells;
(7)
Location of a benchmark stake established by the surveyor at the front
setback line within twenty (20) feet of the proposed structure.
Maintenance of the benchmark stake once established by the surveyor
shall be the responsibility of the permit applicant;
(8)
Location of stakes established by the surveyor on side property lines at:
a. Front setback line.
b. Front building line.
c. Rear building line.
The maintenance of these stakes once established by the surveyor shall be
the responsibility of the permit applicant;
(9)
Location of first floor elevation of buildings on adjacent lots. Vacant
adjacent lots shall be labelled as such;
(10) Location of all easements of record;
(11)
Existing and proposed elevations at the following locations;
a. Each lot comer.
b. Top of curb or centerline of str-e~ ~ at each lot line extension.
c. Center of proposed driveway at curb.
d. Grade at comers of proposed structure.
e. Lowest floor level, top of block, garage slab.
(12) Indication' of direction of surface water drainage by arrows;
(13) Erosion control and grading plan if required by Chapter 20 or
development contract;
(14) Wetland boundaries with ordinary high water level and 100-year flood
elevation if applicable;
(15) Driveway grade (minimum--0.50%, maximum--10%;
(16) All trees in excess of six (6) inches in diameter (diameter measured at four
(4) feet above grade).
(Ord. No. 23-B, § 6.01, 2-23-81; Ord. No. 167, § 5, 4-27-92)
Cross reference(s)--Report of enlargement of establishment selling
nonintoxicating malt liquor at time of application for building permit, § 10-36; report of
alteration to alcoholic beverage establishment to be made at time of application for
building permit, § 10-87.
Sec~ 7-20. Denial of permit.
The building official shall deny a permit for construction or enlargement of a dwelling on
ground which is too low for adequate drainage of surface waters. He shall also deny a
permit for construction or enlargement of any building when it appears that the proposed
elevations of the lot for which the permit is to be issued, in relation to the established or
proposed grades of adjoining or nearby streets, will probably cause a change in the
existing drainage of surface waters which will result in substantial hazard or
inconvenience to persons residing in the city or traveling on its strects ~~.
(Ord. No. 23-B, § 6.02, 2-23-81)
Sec. 7-21. Certificate of occupancy.
No building or structure except group U occupancies shall be used or occupied,
until the building official has issued a certificate of occupancy.
(Ord. No. 118, § 1, 1-22-90; Ord. No. 237, § 2, 4-10-95)
Sec. 7-22. Stop orders.
If pursuant to the Minnesota State Building Code the building official posts a stop
work order, it is a misdemeanor punishable to the maximum extent authorized by
Minnesota Statutes section 412.231 for anyone to destroy or remove the stop work order
unless authorized by the building official.
(Ord. No. 176, § 1, 10-12-92)
Sec. 7-23. Elevations.
Elevations shall be in accordance with grading or development plans previously
approved by the city, if any. All elevations shall correspond to sea level datum of 1929.
Benchmark elevations may be available from the city's engineering department.
(Ord. No. 237, § 5, 4-10-95)
Secs. 7-24--7-29. Reserved.'
ARTICLE III. EXCAVATING, MINING, FILLING AND GRADING*
*Cross reference(s)--Zoning generally, Ch. 20; landscaping and tree removal,. § 20-1176
et seq.; mineral extraction, § 20-1351.
Sec. 7-30. Purposes and intent.
The purpose of this article is to promote the health, safety and welfare of the
community and to establish reasonable uniform limitations, standards, safeguards and
controls for excavating, mining, filling, and grading within the city. Excavating, mining,
filling, and grading permits for more than fifty (50) cubic yards, but less than one
thousand (1,000) cubic yards of material in a twelve-month period may be processed
administratively. Excavating, mining, filling, and grading of one thousand (1,000) cubic
yards of material or more in a twelve-month period shall be processed in the same
manner as an interim use permit.
(Ord. No. 128, § 1, 5-14-90)
Sec. 7-31. Definitions.
The following words, terms and phrases shall have the following meanings
respectively ascribed to them:
Earth work or work the earth: Excavating, mining, filling or grading.
Excavating or mining:
(1) The removal of the natural surface of the earth, whether sod, dirt, soil,
sand, gravel, stone, or other matter, creating a depression.
(2)
Any area where the topsoil or overburden has been removed for the
purpose of removing earthly deposits or minerals.
(3)
Any area that is being used for stockpiling, storage, and processing of
sand, gravel, black dirt, clay, and other minerals.
Filling or grading: To change the contour of the land.
Overburden: Those materials which lie between the surface of the earth and
material deposit to be extracted.
Restoration: To renew land to self-sustaining long-term use which is compatible
with contiguous land uses, present and future, in accordance with the standards set forth
in this article.
Topsoil: That portion of the overburden which lies closest to the earth's surface
and supports the growth of vegetation.
(Ord. No. 128, § 1, 5-14-90)
Sec. 7-32. Permit required.
Except as otherwise provided in this article, it shall be unlawful for anyone to
work the earth without having first obtained a written permit from the city authorizing the
same in accordance with this article. Active earth work operations that predate this article
that do not have a permit shall cease operations or obtain an earth work permit within six
(6) months after the adoption of this article. Current permit holders shall come into
compliance with the terms of this article no later than the renewal date of such permit
holder's Earth Work permit.
(Ord. No. 128, § 1, 5-14-90)
Sec. 7-33. Exemptions from permit requirements.
The following activities do not require an Earth Work permit:
(1)
Excavation for a foundation, cellar, or basement of a building if a building permit
has been issued.
(2) Grading a lot in conjunction with building if a building permit has been issued.
(3)
Excavation by the federal, state, county, city, or other government agencies in
connection with construction or maintenance of reads ~~ highways, or
utilities.
(4)
Curb cuts, utility hookups, or ~ ~~ openings for which another permit
has been issued by the City.
(5) Excavation or filling of less than fifty (50) cubic yards in a calendar year.
(6) Plowing and tilling for agricultural purposes.
(7)
Earth work in accordance with a development contract approved under the city's
subdivision ordinance. If the development contract requires that a letter of credit
or other security be posted, the letter of credit or other security must be posted
before any excavation takes place. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-34. Exempt earth work.
Earth work that is exempt from obtaining a permit pursuant to section 7-33 shall:
(1) Comply with the city's erosion control standards.
(2) Maintain natural or existing drainage patterns.
(3)
Comply with the city's other ordinance requirements including tree
preservation and wetland protection. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-35. Applications for earth work permits.
An application for an earth work permit shall be processed in accordance with the
same procedures specified in the city Code relating to interim use permits except that
earth work of more than fifty (50) cubic yards of material but less than one thousand
(1,000) cubic yards of material in a twelve-month period may be approved
administratively.
An application for a permit shall contain:
(1)
(2)
The name and address of the operator and owner of the land, together with
proof of ownership. If the operator and owner are different, both must sign
the application.
The correct legal description of the property where the activity is proposed
tO occur.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
A certified abstract listing the names of all landowners owning property
within five hundred (500) feet of the boundary of the property described
above.
· Specifications of the following, using appropriate maps, photographs and
surveys:
a. Proposed grading plan.
b. Proposed stockpile sites.
c. The physical relationship of the proposed designated site to the
community and existing development.
d. Site topography and natural features including location of
watercourses and water bodies.
e. The description and quantity of material to be excavated.
f. The depth of water tables throughout the area.
g. The location and depth of wells and buried garbage, water, and fill.
The purpose of the operation.
The estimated time required to complete the operation.
Hours and months of operation.
A tree survey indicating the location and type of all trees over six (6)
inches in caliper. In a heavily wooded area only the boundaries of the tree
areas must be indicated on the survey.
An end use landscape plan and interim screening plan for the oPeration
period.
The plan of operation, including processing, nature of the processing and
equipment, location of the plant source of water, disposal of water and
reuse of water.
Travel routes to and from the site and the number and type of trucks that
will be used.
Plans for drainage, erosion control, sedimentation and dust control.
A restoration plan providing for the orderly and continuing restoration of
all disturbed land to a condition equal to or better than that which existed
prior to the earth work. Such plan shall illustrate, using photographs, maps
and surveys where appropriate, the following:
a. The contour of the land prior to excavation and proposed contours
after completion of excavation and after completion of restoration.
b. Those areas of the site to be used for storage of topsoil and
overburden.
c. A schedule setting forth the timetable for excavation of land lying
within the extraction facility.
d. The grade of all slopes after restoration, based upon proposed land
uses, and description of the type and quantity of plantings where
revegetation is to be conducted.
e. The criteria and standards to be used to achieve final restoration as
well as intermittent stabilization.
(14)
A statement identifying the applicant's program to insure compliance with
the permit conditions, method of response to complaints and resolving
conflicts that may arise as a result of complaints.
(15) Unless exempt under Minnesota Rules, an environmental assessment
worksheet, if required by the city.
(16) A wetland alteration permit, if required by the city Code, which shall be
processed concurrently with the excavation permit application.
(17) Other information required by the city.
(c) Applicants for earth work permits involving less than one thousand
(1,000) cubic yards of material must only furnish the information specified in subsections
(b)(1), (2), (4a), (5), (6), (7), (8), (12), (13), (16) and (17). (Ord. No. 128, § 1, 5-14-90)
Sec. 7-36. Processing of earth work permit applications.
(a) Except as otherwise provided herein, the city council shall review the
earth work permit application and shall approve the permit if it is in compliance with this
article, the city's zoning ordinance, and other applicable laws, ordinances, and
regulations.
(b) A permit may be approved subject to conditions necessary to ensure
compliance with the requirements and purpose of this article. When such conditions are
established, they shall be set forth specifically in the permit. Conditions may, among
other matters, limit the size, kind or character of the proposed operation, require the
construction of structures, require the staging of extraction over a time period and require
the alteration of the site design to ensure compliance with the standards in this article.
(c) Earth work of more than fifty (50) but less than one thousand (1,000)
cubic yards of material in a twelve-month period may be approved by the city staff. The
applicant shall submit the fee required by section 7-39 of the city Code. Upon receipt of a
completed application, the city staff shall review the application within ten (10) working
days and shall notify the applicant of the decision by mail. The city staff may impose
such conditions as may be necessary to protect the public interest. Bonding may be
required in an amount sufficient to ensure site restoration should the applicant default.
Any applicant aggrieved by a decision may appeal the determination to the city council.
(Ord. No. 128, § 1, 5-14-90)
Sec. 7-37. Termination of permit.
(a) An earth work permit may be terminated for violation of this article or any
condition of such permit. No earth work permit may be terminated until the city council
has held a public heating to determine whether such permit shall be terminated, at which
time the operator shall be afforded an opportunity to contest the termination. The city
council may establish certain conditions, which if not complied with, will result in
immediate suspension of operations until the public hearing to consider termination of the
permit can be held.
(b) It shall be unlawful to conduct earth work after a permit has been
terminated. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-38. Annual permits.
(a) Earth work permits shall be renewed annually. The purpose of the annual
permit is to monitor compliance with the conditions of approval. The city engineer, after
consultation with appropriate city staff, may issue renewal permits upon satisfactory
proof of compliance with the issued permit and this article. If the city engineer denies a
renewal permit, the applicant may appeal the decision to the city council by filing a
notice of appeal with the'city clerk within ten (10) days after the city engineer denies the
permit.
(b) Request for renewal of an earth work permit shall be made sixty (60) daYs
prior to the expiration date. If application or renewal is not made within the required
time, all operations shall be terminated, and reinstatement of the permit may be granted
only upon compliance with the procedures set forth in this article for an original permit.
(c) An earth work permit which is limited in duration cannot be extended by
the city engineer. Extensions must be approved by the city council. (Ord. No. 128, § 1, 5-
14-90)
Sec. 7-39. Issuance of permit imposes no liability on city, relieves permittee of no
responsibilities.
Neither the issuance of a permit under this article, nor compliance with the
conditions thereof with the provisions of this article shall relieve any person from any
responsibility otherwise imposed by law for damage to persons or property; nor shall the
issuance of any permit under this article serve to impose any liability on the city, its
officers or employees for any injury or damage to persons or property. A permit issued
pursuant to this article does not relieve the permittee of the responsibility of securing and
complying with any other permit which may be required by any other law, ordinance or
regulation. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-40. Fees.
A schedule of fees shall be determined by resolution of the city council, which
may, from time to time, change such schedule. Prior to the issuance or renewal of any
permit, such fees shall be paid to the city and deposited in the general fund. (Ord. No.
128, § 1, 5-14-90)
Sec. 7-41. Agreement; irrevocable letter of credit.
Prior to the issuance of an earth work permit, there shall be executed by the
operator and landowner and submitted to the city an agreement to construct such required
improvements and to comply with such conditions of approval as may have been
established by the city council. The agreement shall run with the land and be recorded
against the title to the property. The agreement shall be accompanied by a letter of credit
acceptable to the city in the amount of the costs of complying with the agreement as
determined by the city council. The adequacy of the letter of credit shall be reviewed
annually by the city. The city engineer may direct the amount of the letter of credit be
increased to reflect inflation or changed conditions. The city may draw against the letter
of credit for noncompliance with the agreement and shall use the proceeds to cure any
default. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-42. Setbacks.
Mining for the purpose of selling sand, gravel, black dirt, clay, and other minerals
shall not be conducted within:
(1) One hundred (100) feet of an existing street or highway.
(2) Thirty (30) feet of an easement for an existing public utility.
(3)
Three hundred (300) feet of the boundary of an adjoining property not in
mining use except that aggregate processing that creates objectionable
noise and dust, including, but not limited to, crushing, must be set back
one thousand five hundred (1,500) feet from the boundary of adjoining
property not in mining use.
Sec. 7-43. Fencing.
During operations permitted under this article, any area where excavation slopes
are steeper than one (1) foot vertical to one and one-half (11/2) feet horizontal shall be'
fenced, unless the city determines that they do not pose a safety hazard. Water storage
basins shall also be fenced if the city determines the basins pose a potential safety hazard.
Unless otherwise approved by the city, required fencing shall be a minimum six-foot-
high chain link fence meeting Minnesota Department of Transportation standards for
right-of-way fencing. An initial fencing plan must be approved by the city council. The
10
city engineer may subsequently authorize changes in the plan to accommodate changing
conditions. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-44. Appearance and screening.
The following standards are required at the site of any operation permitted under
this article:
(1)
Machinery shall be kept in good repair. Abandoned machinery, inoperable
equipment and rubbish shall be removed from the site.
(2)
All buildings and equipment that have not been used for a period of one
(1) year shall be removed from the site.
(3)
All equipment and temporary structures shall be removed and dismantled
not later than ninety (90) days after termination of the extraction operation
and expiration of the permit.
(4)
(5)
Where practical, stOckpiles of overburden and materials shall be used as a
part of the screening for the site.
.
Where the city determines it is appropriate to screen off-site views, the
Perimeter of the site shall be planted with coniferous trees, bermed, or
otherwise screened.-Trees shall be at least six (6). feet in height at the time
of planting. .
(6)
Existing trees and ground cover shall be preserved to the extent feasible,
maintained and supplemented by selective cutting, transplanting of trees,
shrubs, and other ground cover along all setback areas.
(7) Noxious weeds shall be eradicated. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-45. Operations; noise; hours; explosives, dust, water pollution; topsoil
preservation.
The following operating standards shall be observed at the site of any operation
permitted under this article:
(1)
The maximum noise level at the perimeter of the site shall be within the
limits set by the Minnesota Pollution Control Agency and the Federal
Environmental Protection Agency.
(2)
Earth work shall be performed during only those times established by the
city council as part of the permit unless otherwise provided in the permit.
Such activity may only take place between the hours of 7:00 a.m. and 6:00
p.m. Monday through Saturday. Such activity is also prohibited on the
11
following holidays: New Year's Day, Memorial Day, July 4th, Labor Day,
Christmas Eve Day, and Christmas Day.
(3)
Operators shall use all practical means to eliminate vibration on adjacent
property from equipment operation.
(4)
Operators shall comply with all applicable city, county, state and federal
regulations for the protection of water quality, including the Minnesota
Pollution Control Agency and Federal Environmental Protection Agency
regulations for the protection of water quality. No waste products or
process residue shall be deposited in any lake stream or natural drainage
system. All waste water shall pass through a sediment basin before
drainage into a stream.
(5)
Operators shall comply with all city, county, state and federal regulations
for the protection of wetlands.
(6)
Operators shall comply with all requirements of the watershed where the
property is located.
(7)
All topsoil shall be retained at the site until complete restoration of the
state has been taken place according to the restoration plan.
(8)
Operators shall use all practical means to reduce the amount of dust,
smoke, and fumes caused by the operations. When atmospheric or other
conditions make it impossible to prevent dust from migrating off-site,
operations shall cease.
(9)
To control dust and minimize tracking sand, gravel, and dirt onto public
strocts ~~, internal private roads from a mine to any public roadway
shall be paved with asphalt or concrete for a distance of at least three
hundred (300) feet to the intersection with a public roadway. All internal
roa~s shall be swept and to minimize dust according to a schedule
established by the city. The city may approve alternatives to paved internal
streets ~a~~ that accomplish the same purpose.
(10)
All haul routes to and from the mine shall be approved by the city and
shall only use streets that can safely accommodate the traffic. (Ord. No.
128, § 1, 5-14-90)
Sec. 7-46. Restoration standards.
The following restoration standards shall apply to the site of any operation
permitted under this article:
12
(1)
The plan must be consistent with the city's comprehensive plan and zoning
ordinance.
(2)
Restoration shall be a continuing operation occurring as quickly as
possible after the extraction operation has moved sufficiently into another
part of the extraction site.
(3)
All banks and slopes shall be left in accordance with the operation plan
submitted with the permit application.
(4)
Slopes, graded areas and backfill areas shall be surfaced with adequate
topsoil to secure and hold ground cover. Such ground cover shall be
tended as necessary until it s self-sustaining.
(5)
All water areas resulting from excavation shall be eliminated upon
restoration of the site. In unique instances where the city council has
reviewed proposals for water bodies at the time of approval of the overall
plan and has determined that such would be appropriate as an open space
or recreational amenity in subsequent reuse of the site, water bodies may
be permitted.
(6)
No part of the restoration area which is planned for uses other than open-
space or agriculture shall be at an elevation lower than the minimum
required for connection to a sanitary or storm sewer. The city may waive
this requirement if the site could nOt reasonably be served by gravity.
sewer notwithstanding the proposed operation. Finished grades shall also
be consistent with the established plan for the property restoration.
(7)
Provide a landscaping plan illustrating reforestation, ground cover,
wetland restoration, and other features. (Ord. No. 128, § 1, 5-14-90)
Sec. 7-47. Waiver.
The city council may allow deviation from the standards set forth herein:
(1)
For operations that existed prior to the enactment of this article when it is
not feasible to comply because of pre-existing conditions.
(2)
When because of topographic or other conditions it is not possible to
comply.
(3)
When alternates that accomplish the purpose and intent of the standard set
forth in this article are agreed upon by the city and the operator. (Ord. No.
128, § 1, 5-14-90)
13
Chapter Z5
CABLE COMMUNICATIONS
Street or publicly owned right of way means cach of thc following which have
been dedicated to thc public or arc hereafter dedicated to thc public and maintained under
public authority or by others and located within thc city limits: strccts, roadways,
highways, avenues, lancs, allcys, sidewalks, casements, rights of way and similar public
property and arcas that thc grantor shall pcrmit to bc included within thc definition of
street from time to timc.
Chapter 12
MOTOR VEHICLES AND TRAFFIC*
*Cross reference(s)--Collection vehicles for solid waste, § 16-33; vehicles in parks, §
14-67; abandoned or junked vehicles, § 13-21 et seq.; parking vehicle near fire hydrant, §
9-1.
ARTICLE I. IN GENERAL
Sec. 12-1. State law adopted.
Minnesota Statutes chapter 169 as amended is adopted for the purpose of
regulating the use of highways, streets and alleys as if fully set forth in this article.
(Ord. No. 3H, § 1.01, 8-1-77)
State law reference(s)--Adoption by reference, M.S. § 471.62.
Sec. 12-2. Definitions.
Any term used in this article that is defined in Minnesota Statutes section 169.01
has the meaning given it by that section.
(Ord. No. 3H, § 1.02, 8-1-77)
Sec. 12-3. Penalty.
Any person violating any provision of this article shall be guilty of a
misdemeanor; but if a minimum fine or imprisonment is prescribed by the Minnesota
Statutes chapter 169 for an offense, such penalty shall apply to a person convicted of the
same offense under this article.
(Ord. No. 3H, § 13, 8-1-77)
State law reference(s)--Penalties to be identical to penalties in state law for
similar offenses, M.S. § 169.03, subd. 9
Sec. 12-4. Impounding of vehicles.
Any police officer may remove a vehicle from a street to a garage or other place
of safety when the vehicle is left unattended and constitutes an obstruction to traffic or
hinders snow removal or street improvement or maintenance operation. Such vehicle
shall not be released until the fees for towing and storage are paid, in addition to any fine
imposed for violation of this section.
(Ord. No. 3H, § 6, 8-1-77)
Sec. 12-5. Driver's license; driving vehicle without consenL
No person shall drive or operate a vehicle upon any street or highway in the city
without having in his possession, as required by the law, a valid driver's license or
chauffeur's license. No person shall drive a motor vehicle belonging to another without
the owner's consent.
(Ord. No. 3H, § 2.01, 8-1-77)
State law reference(s)--Operator's license required, M.S. §§ 171.02, 171o03.
Sec. 12-6. Commercial vehicles on certain streets.
The city council by resolution may designate streets on which travel by
commercial vehicles in excess of a specific number of pounds gross weight is prohibited.
The city maintenance superintendent shall erect appropriate signs on such streets. No
person shall operate a commercial vehicle on such posted streets in violation of the
restrictions stated.
(Ord. No. 3H, § 4, 8-1-77)
Sec. 12-7. Truck routes.
(a) As used in this section:
Gross weight means the combined weight of a vehicle and load. Where licensing
provisions require that the gross weight be printed on the truck, this printed weight shall
be the gross weight.
Street means
~a~ any street, avcnuc, allcy or othcr public way intcnded for thc travcl of vchiclcs.
Truck means any vehicle, the gross weight of which exceeds seven thousand (7,000)
pounds.
(b) The provisions of this section shall not apply to:
(1)
School buses when engaged in the act of transporting pupils to or from
school;
(2) Emergency vehicles;
(3) Trucks belonging to the city;
(4)
Trucks belonging to utility companies when actually engaged in the
construction or repair of utility company facilities;
(5) Trucks delivering retail merchandise to homes on regular routes;
(6)
(7)
Trucks employed in the removal of rubbish, trash or garbage, or in the
pumping of private sewage disposal systems;
Trucks securing a special permit to travel upon village streets from the city
as provided hereafter.
(c)
No truck shall travel on any street except on those streets designated as
truck routes.
(d) Truck routes shall consist of the following streets:
(1) All designated U.S. highways;
(2)
(3)
All designated state highways;
All designated county highways.
(e)
Special permits may be obtained from the city for trucks in excess of the
weight limits imposed herein by submitted to the city an application. Upon
Submission of a completed application, together with an agreement to pay_
for any damage caused to the streets because of the travel thereon by the
truck, a special permit may be issued.
(f) The council shall cause appropriate signs to be posted designating the
truck routes established herein.
(Ord. No. 4, §§ 1--6, 7-24-67)
Sec. 12-8. Exhibition driving.
(a)
No person shall turn, accelerate, decelerate, or otherwise operate a motor
vehicle within the city in a manner which causes unnecessary engine noise
or backfire, squealing of fires, skidding, sliding, swaying, throwing of
sand or gravel, or in a manner simulating a race.
(b)
Prime facie evidence of a violation of this section shall be any of the
following:
(1) Unreasonable squealing or screeching sound emitted by the tires;
(2) The throwing of sand or gravel by the tires of said vehicle;
(3) Unreasonable skid, sway, or slide upon acceleration or stopping.
(Ord. No. 3H, § 5, 8-1-77)
Sec. 12-9. Restriction on turns.
(a) The council may by resolution, whenever necessary to preserve a free flow of
traffic or to prevent accidents, designate any intersection as one where the turning of
vehicles to the left or to the right, or both, is to be restricted at all times or during specific
hours. The city shall mark, by appropriate signs, any intersection so designated° No
intersection on a trunk highway shall be so designated until the consent of the
commissioner of highways to such designation is first obtained. No person shall turn a
vehicle at any such intersection contrary to the direction on such signs.
(b) The council may by resolution, whenever necessary to preserve the free flow
of traffic or to prevent accidents, designate "No U-Turn" zones within the city. No person
shall turn a vehicle so as to reverse its direction of travel on any street so designated "No
U-Turn" zone.
(Ord. No. 3H, §3 7.01, 7.02, 8-1-77)
State law reference(s)--Authority to restrict turns, M.S. § 169.19, subd. 1(6).
Sec. 12-10. Through streets; one-way streets.
The council may by resolution designate any street or portion of a street as a
through highway or a one-way roadway where necessary to preserve the free flow of
traffic or to prevent accidents. The city shall post appropriate signs at the entrance to such
street. No trunk highway shall be so designated unless the consent of the commissioner of
highways to such designation is first secured.
(Ord. No. 3H, § 8, 8-1-77)
State law reference(s)--Authority to designate through streets, M.S. § 169.04(5);
authority to designate one-way streets, M.S. § 169.04(4); through streets, M.S. § 169.20,
subd. 3.
Sec. 12-11. Seasonal weight restrictions.
The city may prohibit the operation of vehicles upon any street under his
jurisdiction or impose weight restrictions on vehicles to be operated on such street
whenever the street, by reason of deterioration, rain, snow, or other climatic conditions,
will be seriously damaged or destroyed unless the use of vehicles on the street is
prohibited or the permissible weights thereof reduced. The city shall erect and maintain
signs plainly indicating the prohibition or restriction at each end of that portion of the
street affected. No person shall operate a vehicle on a posted street in violation of the
prohibition or restriction.
(Ord. No. 3H, § 9, 8-1-77)
State law reference(s)--Seasonal load restrictions authorized, M.S. § 169.87.
Sec. 12-12. Establishment of safety zones, lanes of traffic, etc.
To assist in the direction and control of traffic, to improve safe driving conditions
at any intersection or dangerous location, and to warn pedestrians or drivers of motor
vehicles of dangerous conditions or hazards, the city may establish safety zones, lanes of
traffic, and stop intersections, and may install stop signs, yield signs, warning signs,
signals, pavement markings, or other devices. No regulation may be established on a
trunk highway unless the consent of the commissioner of highways is first secured.
(Ord. No. 3H, § 10, 8-1-77)
Sec. 12-13. No parking, stopping or standing zones.
The city council may by resolution designate certain streets or portions of streets
as no parking or no stopping or standing zones, and may limit the hours in which the
restrictions apply. The city maintenance superintendent shall mark by appropriate signs
each zone so designated. Except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or a traffic-control device, no person
shall stop or park a vehicle in an established no stopping or standing zone when stopping
or standing is prohibited.
(Ord. No. 3H, § 11.04, 8-1-77) .
Cross reference(s)--Parking, § 12-50 et seq.
State law reference(s)--Authority to regulate parking,-M.S. § 169.04(1)
..
Sec. 12-14. Fire lanes.
_
(a) The fire department is authorized to recommend to the city council the
establishment of fire lanes on public or private property as may be necessary in order that
the travel of fire equipment may not be interfered with, and that access to fire hydrants or
buildings may not be obstructed.
(b) When a fire lane has been ordered to be established pursuant to this
section it shall be marked by a sign beating the words "No Parking--Fire Lane--by Order
of Fire Department" or striped in a manner to indicate no parking. When the fire lane is
on public property or a public right-of-way, the sign or signs shall be erected by the city,
and when on private property they shall be erected by owner at his own expense within
thirty (30) days after he has been notified of the order.
(c) After a sign has been erected in accordance with subsection (b) of this
section, no person shall park a vehicle or otherwise occupy or obstruct the fire lane.
(Ord. No. 3H, § 11.01, 8-1-77; Ord. No. 3-J, § 1, 7-23-84)
Cross reference(s)--Parking near fire hydrant, § 9-1.
State law reference(s)--Authority to regulate standing or parking, M.S. §
169.04(1).
Sec. 12-15. Parking or standing of vehicles exceeding specified height.
No person shall park or permit to stand any vehicle exceeding six (6) feet six (6)
inches in height on West 78th Street between its intersection with Great Plains Boulevard
and Laredo Drive.
(Ord. No. 3H, § 11.02, 8-1-77)
Cross reference(s)--Parking, § 12-50 et seq.
State law reference(s)--Authority to regulate parking or standing of vehicles,
M.S. § 169.04(1).
Sec. 12-16. Winter parking regulations.
On-street parking is prohibited between November 1 and April 1 between the
hours of 1:00 a.m. and 7:00 a.m. On-street parking is also prohibited when there is two
(2) inches or more of snow on a street until the street has been plowed curb to curb.
Representatives of the Carver County Sheriff's Department, Minnesota State Patrol, and
Chanhassen Public Safety Department shall have the authority to impound vehicles in
violation of this section.
(Ord. No. 3H, § 11.05, 8-1-77; Ord. No. 3-1, § 1, 10-4-82; Ord. No. 185, § 1, 5-24-93)
State law reference(s)--Authority to regulate parking or standing of vehicles, M.S. §
169.04(1).
Sec. 12-17. Parking of boat trailers on South Shore Drive, South Shore Court and
Hill Street.
(a) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection:
Boat trailer means any device used to transport any watercraft when pulled
behind any motor vehicle.
Watercraft means any contrivance used or designed for navigation on water other
than a seaplane.
(b) Parking restrictions. No person shall park a boat trailer on South Shore Drive,
South Shore Court or Hill Street. The city engineer shall mark by appropriate signs each
aforementioned street.
c) Primafacie violation. The presence of any boat trailer parked on South Shore
Drive, South Shore Court or Hill Street is prima facie evidence that the registered owner
of the boat trailer committed or authorized the commission of the violation.
(d) Penalty. Any person violating this section shall be guilty of a misdemeanor.
The minimum penalty for violation of this section shall be a fifty-dollar fine. The
maximum penalty for violation of this section shall be the maximum penalty as set by
state legislature for misdemeanors.
(e) Impoundment. Any police officer may remove or cause to be removed an
empty boat trailer with or without the motor vehicle it is attached to from the street to a
garage or other place of safety when a vehicle is parked in violation of this section. Such
trailer and/or vehicle shall not be released until the fees for towing and storage are paid in
addition to any fine imposed for violation of this section.
(Ord. No. 89, §§ 1.01--5.01, 5-9-88)
Editor's note--Ordinance No. 89, adopted May 9, 1988, did not specifically amend the
Code; hence, inclusion of §§ 1.01--5.01 as § 12-17 was at the discretion of the editor.
Cross reference(s)--Boats and waterways, Ch. 6; parking, § 12-50 et seq.
Se. cs. 12-18--12-30. Reserved.
ARTICLE II. SNOWMOBILES*
*State law reference(s)--Snowmobiles, M.S. § 84.81 et seq.; local regulations
authorized, M.S. § 84.87, subd. 3.
Sec. 12-31. Definitions.
The definitions in Minnesota Statutes section 84.81 apply to this article. The
following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Boulevard means that portion of the street right-of-way between the curbline and
the street boundary line in platted arcas.
Right-of-way me~~
tn_2~__ -~ ~--- _~~ thc cntirc strip of land travcrsed by a
highway in which thc public owns thc fcc or an cascmcnt for roadway purposcs.
Roadway means that portion of a strcct or highway improved ~
~p_.r~.o_v~_e4~, designed or ordinarily used for vehicular travel, including the shoulder.
Safety or deadman throttle means a device which, when pressure is removed from
the engine accelerator or throttle, causes the motor to be disengaged from the driving
track.
Organized race means a race sponsored and conducted by the park and recreation
commission, the chamber of commerce, jaycees, American Legion or similar council-
recognized civic groups or associations.
Street or highway means
~'_ . .~w~ thc cntirc width bctwocn boundary lincs of any way or placc whcn any part
thcroof is opcn to thc usc of thc public, as a mattcr of right, for the purposcs of vchicular
traffic.
(Ord. No. 44, § 1, 1-11-71)
Sec. 12-32. Application of other laws; statutes adopted.
All city traffic ordinances shall apply to the operation of snowmobiles upon
streets and highways, Minnesota Statutes sections 84.81 to 84.88 and Minnesota Statutes
chapter 169, except for those provisions relating to required equipment, are adopted by
reference as if set out at length in this article.
(Ord. No. 44, § 5, 1-11-71)
State law reference(s)--Adoption by reference, M.S. § 471.62.
Sec. 12-33. Operation generally.
Except as otherwise specifically permitted and authorized, it is unlawful for any
person to operate a snowmobile:
(1) On a public sidewalk or walkway provided or used for pedestrian travel, or
on a boulevard within any public right-of-way;
(2) On private property of another without lawful authority or express Consent
of the owner or lessee;
(3) On any public or private school grounds except as permission is expressly
obtained from responsible school authorities;
(4)
On any other publicly-owned lands and ice, including but not limited to park
property, playgrounds, lakes, recreation areas and golf courses, except areas
previously listed or authorized for such use by the proper public authority, in
which case such use shall be lawful and snowmobiles may be driven in and
out of such areas by the shortest route. Authorized areas owned by the city
shall be designated by resolution, provided that snowmobile operation shall
be permitted on all public bodies of water, provided that the operation shall
comply in all respects with all ordinances;
(5) So as to tow any person or thing on a public street or highway except
through use of a rigid tow bar attached to the rear of the snowmobile;
(6)
At a speed greater than ten (10) miles an hour when within one hundred
(100) feet of any lake shore, except in channels, or of any fisherman, fish or
ice house, nor shall operation be permitted within one hundred (100) feet of
any sliding area or skating ring when in use, nor where the operation would
conflict with the lawful use of property or would endanger other persons or
property;
(7) In a manner so as to create a loud, unnecessary or unusual noise which
disturbs, annoys or interferes with the peace and quiet of other persons.
(Ord. No. 44, §§ 3.01--3.04, 3.08--3.10, 1-11-71)
Sec. 12-34. Operation on streets and highways.
(a) No person shall operate a snowmobile upon the roadway, shoulder or inside
bank or slope of any trunk, county-state aid, or county highway, and in the case of a
divided trunk or county highway, on the right-of-way between the opposing lanes of
traffic, except as provided in this article, nor shall operation on any such highway be
permitted where the roadway directly abuts a public sidewalk or property used for private
purposes. No person shall operate a snowmobile within the right-of-way of any trunk,
county-state aid, or county highway between the hours of one-half hour after sunset to
one-half hour before sunrise, except on the right hand side of such right-of-way and in the
same direction as the highway traffic on the nearest lane of the roadway adjacent thereto.
No snowmobile shall be operated at any time within the right-of-way of any interstate
highway or freeway within this state.
(b) A snowmobile may make a direct crossing of a street or highway except an
interstate highWay or freeway, provided:
(1)
The crossing is made at an angle of approximately ninety (90) degrees to
the direction of the street or highway and at a place where no obstruction
prevents a quick and safe crossing;
(2) The snowmobile is brought to a complete stop before crossing the shoulder
or main traveled way of the highway;
(3) The operator of the snowmobile yields the right-of-way to all oncoming
traffic which constitutes an immediate hazard;
·
(4) In crossing a divided street or highway, the crossing is made at an
intersection of such street or highway with another public street or highway;
(5)
If the crossing is made between the hours of one-half hour after sunset to
one-half hour before sunrise or in conditions of reduced visibility, only if
both front and rear lights are illuminated.
(c) No snowmobile shall be operated on streets or highways at a speed
exceeding ten (10) miles per hour.
(d) No snowmobile shall enter any uncontrolled intersection without making a
complete stop. The operator shall then yield the right-of-way to any vehicles or
pedestrians which constitute an immediate hazard.
(e) Notwithstanding any prohibition in this article, a snowmobile may be
operated on a public thoroughfare in an emergency during the period of time when and at
locations where snow upon the roadway renders travel by automobile impractical.
(Ord. No. 44, §8 2.01--2.05, 1-11-71)
Sec. 12-35. Leaving unattended.
Every person leaving a snowmobile in a public place shall lock the ignition,
remove the key and take the same with him.
(Ord. No. 44, § 7, 1-11-71)
Sec. 12-36. Chasing animals.
It is unlawful to intentionally drive, chase, run over or kill any animal, wild or
domestic, with a snowmobile.
(Ord. No. 44, § 8, 1-11-71)
Sec. 12-37. Littering and obstructions.
(a) No person shall deposit paper, litter, rubbish or debris on public or private
property, or throw paper, litter, rubbish or debris from snowmobiles.
(b) No person shall place obstructions, including ice blocks, on publicly owned
lands or frozen waters so as to interfere with the lawful use thereof by the public.
(Ord. No. 44, §8 9.01,9.02, 1-11-71)
Sec. 12-38. Races.
No person shall conduct a snowmobile organized race at any place within the city
without first having secured a permit therefor from the council. Written application shall
be made to the council. The applicant shall give the information required on the form. A
permit may be issued upon such terms, conditions and permit fees as the council may
prescribe. Upon the granting of such permit, the provisions of section 12-35, paragraph
(7) may be waived by the council for the duration of the race.
(Ord. No. 44, § 10.01, 1-11-71)
State law reference(s)--Regulation of organized contracts, etc., authorized, M.S. § 84.87,
subd. ! a.
Secs. 12-39--12-49. Reserved.
i0
ARTICLE III. PARKING
Sec. 12-50. Parking in municipal parking lots--Permit.
(a) Required. On a space available basis, the director of public safety shall issue
permits authorizing overnight parking in municipal parking lots. The permit shall specify
the date and lot for which the overnight parking is permitted. The permit fee shall be
established by resolution of the city council. No individual shall be given a permit
authorizing overnight parking of more than seven (7) days in a calendar year.
(b) Prohibition. Without a permit issued by the city, no owner of a motor
vehicle shall park or permit the same to be in a municipal parking lot between the hours
of 2:00 a.m. and 6:00 a.m. All municipal parking lots shall be signed with this parking
restriction.
(Ord. No. 162, § 1, 1-27-92)
Sec. 12-51. Same--Towing of vehicles in violation.
· .
(a) ToWing order required. Motor vehicles parked in violation of section 12-50 -
may be towed. Before the motor vehicle is towed,-a peace officer or parking enforcement
officer must prepare, in addition to the parking citation, a written towing report
describing the motor vehicle and the reasons for towing. The report must be signed by the
officer and the tow driver.
(b) Four-hour waiting period. A motor vehicle Parked in violation of section
12-50 may not be towed until four (4) hours after issuance of the traffic ticket or citation.
(Ord. No. 162, § 1, 1-27-92)
11
Chapter 13
NUISANCES
Sec. 13-2. Illustrative enumeration.
(23) Hourly restrictions on certain operations.
Recreational vehicles. No person shall, between the hours of 9:00 p.m. and
7:00 a.m., drive or operate any minibike, all terrain vehicle, snowmobile, or
other recreational vehicle not licensed for travel on public highways. This
subsection (23)(a) does not apply to snowmobiles lawfully using roadways
S_~~ or authorized trails.
Chapter 18
SUBDIVISIONS*
*Cross reference(s)--Buildings and building regulations, Ch. 7; neighborhood park
acquisition and improvement, § 14-31 et seq.; planning and development, Ch. 15; use of
official maps, § 15-20; zoning, Ch. 20.
State law reference(s)--Authority to adopt subdivision regulations, M.S. § 462.358;
plats, M.S.§ 505.01 et seq.
ARTICLE I. IN GENERAL
Sec. 18-1. Definitions.
The definitions in the city's zoning ordinance apply to this chapter. The following
definitions shall also be applicable:
Alley means a public right-of-way which is used primarily for secondary vehicular
service access to the back or the side of properties abutting on a street.
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.
Collector street means a street which carries traffic from minor streets to arterials.
Cul-de-sac means a minor street with only one (1) outlet and having an
appropriate turn-around for the safe and convenient reversal of traffic movement.
Lot means a separate parcel, tract, or area of land undivided by any public street
or approved private rca,. ~t, which has been estabhshed by plat, metes and bounds
subdivision, or as otherwise permitted by law, and which is occupied by or intended to be
developed for and occupied by a principal building or group of such buildings and
accessory buildings, or used for a principal use and uses accessory thereto, including such
open spaces and yards as are designed and arranged or required by this chapter for such
building, use or development.
Minor ~'~ street means a street of limited continuity which is used primarily for
access to abutting properties.
Private street means a street serving as vehicular access to two (2) or more
parcels of land which is not dedicated to the public but is owned by one (1) or more
private parties.
ri h' f ~~-
Street means a public right-of way acccptod or a private g t-o -~_~~X
~'~ approved pursuant to thc requirements of thc city, by public authority which
providcs a legal primary means of public access to abutting property. "Stroct" includcs a
highway, thoroughfare, arterial, parkway, collector, avcnuc, drive, circlc, road, boulevard
or any other similar tcrm dcscribing an entity complying with thc preceding
r~xtuircmcnts.
Subdivision means the separation of an area, parcel, or tract of land under single
ownership into two (2) or more parcels, tracts, lots, or long-term leasehold interests
where the creation of the leasehold interest necessitates the creation of streets, roads, or
alleys, for residential, commercial, industrial, or other use or any combination thereof,
except those separations:
(1) Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres
or larger in size and five hundred (500) feet in width for residential uses and five
(5) acres or larger in size for commercial and industrial uses;
(2) Creating cemetery lots;
(3) Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary.
Tt:a//~-me~~y?~s lgn~orCarid?us~db~ ~g triiihi~
nonmoton~~-g~
(Ord. No. 33-D, § 3, 2-25-85)
Sec. 18-2. Compliance.
All subdivisions of land shall comply with this chapter.
(Ord. No. 33-D, § 2, 2-25-85)
Sec. 18-3. Violations and penalties.
Any person who violates any of the provisions of this chapter shall be guilty of a
misdemeanor. The city may withhold, revoke or deny any permits, approvals or any
action required or if there is a violation of this chapter. Each week during which violation
exists shall constitute a separate violation. The city may apply to the district court for
injunctive relief for violation of this chapter.
(Ord. No. 33-D, § 15, 2-25-85)
Sec. 18-4. Restrictions on filing and recording conveyances.
(a) Except as provided in section 18-37, no conveyances of land shall be filed
or recorded if the land is described in the conveyance by metes and bounds or by
reference to an unapproved registered land survey or to an unapproved plat. The
foregoing provision does not apply to a conveyance if the land described:
(1) Was a separate parcel of record on February 20, 1969; .
(2) Was the subject of a written agreement to convey entered into prior to
February 20, 1969; or
(3) Was a separate parcel of not less than two and one-half (21/2) acres in area
and one hundred fifty (150) feet in width on January 1, 1966; or
(4) Was a separate parcel not less than five (5) acres in area and three hundred
(300) feet in width on July 1, 1980; or
(5) Is a single parcel of commercial or industrial land of not less than five (5)
acres and having a width of not less than three hundred (300) feet and its
conveyance does not result in the division of the parcel into two (2) or more
lots or parcels, any one of which is less than five (5) acres or three hundred
(300) feet in width; or
(6) Is a single parcel of residential or agricultural land of not less than twenty
(20) acres having a width of not less than five hundred (500) feet and its
conveyance does not result in the division of the parcel into two (2) or more
lots or parcels, any one (1) of which is less than twenty (20) acres in area or
five hundred (500) feet in width.
(b) Any owner or agent of the owner of land who conveys a lot or a parcel in
violation of the provisions of this section shall pay the city a penalty of not less than one
hundred dollars ($100.00) for each parcel so conveyed. The city may enjoin such
conveyance or may recover such penalty by civil action.
(Ord. No. 33-D, § 12, 2-25-85)
Secs. 18-5-- 18-20. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT
DIVISION 1. GENERALLY
Sec. 18-21. Building permits.
No building or other permits will be issued by the city for grading, buildings,
structures or improvements to any lot unless there has been full compliance with the
provisions of this chapter.
(Ord. No. 33-D, § 14, 2-25-85)
Sec. 18-22. Variances.
The city council may grant a variance from the regulations contained in this
chapter as part of the plat approval process following a finding that all of the following
conditions exist:
(1) The hardship is not a mere inconvenience;
(2) The hardship is caused by the particular physical surroundings, shape or
topographical 'conditions of the land;
(3) The condition or conditions upon which the request is based are unique
and not generally applicable to other property;
(4) The granting of a variance will not be substantially detrimental to the
public welfare and is in accord with the purpose and intent of this chapter,
the zoning ordinance and comprehensive plan.
(Ord. No. 33-D, § 11, 2-25-85)
Secs. 18-23--18-35. Reserved.
DIVISION 2. PLATTING PROCEDURES
Sec. 18-36. Generally.
Notice requirement and procedures set forth in this chapter in excess of those
required by state law are directory. Failure to comply with such procedures will not
invalidate the proceedings.
(Ord. No. 33-D, § 4.3, 2-25-85)
Sec. 18-37. Exemption.
(a) The zoning administrator shall certify that the following conveyances are
exempt from platting if the new and residual parcels meet the minimum requirements of
the zoning ordinance for a buildable lot and are on an cxisting public street br!~Cxisting
~rivate Street'~se~in~ ~P.~°'~4' i~. The applicant shall furnish the city a surv~Jprepared
and signed by a registered land surveyor for review:
(1) Dividing a platted lot to add a portion of the lot to an abutting lot;
(2) Dividing a metes and bounds parcel to add a portion of the parcel to an
abutting parcel;
(3) In areas outside the Metropolitan Council's 1990 urban service area, the
separation of a parcel into two (2) or three (3) parcels if all resulting parcels
are capable of being further subdivided into buildable lots under the zoning
ordinance.
(b) The city council may approve a metes and bounds subdivision of a platted
lot into two (2) lots in areas inside the Metropolitan Council's 1990 urban service area if
both resulting lots meet the minimum requirements of the zoning ordinance and abut an
existing public ~cxistin~~ street. To the extent possible, the new boundary line
shall be parallel to a previously existing lot line. The city council shall hold a public
hearing on the proposed subdivision after notice of the date, time, place and purpose of
the heating has been published once in the official newspaper, and a proposed
development notification sign has been erected on the subject property by the applicant,
both at least ten (10) days before the date of heating. Written notice shall also be mailed
by the city to the applicant and all owners of record within five hundred (500) feet of the
outer boundaries of the subdivision. Failure to post a proposed development notification
sign or to give notice or defects in the notice shall not affect the validity of the
proceedings. At least three (3) weeks prior to the heating the applicant shall submit to the
city:
(1)
(2)
A survey (prepared and signed by a registered land surveyor);
A list of property owners within five hundred (500) feet of the boundaries
of the parcel to be subdivided; ~
Except as waived by the city, all information required for plats.
(3)
(Ord. No. 33-D, § 4.2, 2-25-85; Ord. No. 240, § 1, 7-24-95)'
Sec. 18-38. Pre-application consultation;
Prior to the preparation of a preliminary plat, the applicant shall consult with the
city to discuss the proposal.
(Ord. No. 33-D, § 4.1, 2-25-85)
Sec. 18-39. Preliminary plat--Generally.
(a) After the preapplication consultation and at least twenty-one (21) days
prior to the meeting of the planning commission at which action is desired, the applicant
may file with the city, an application for preliminary plat approval. The application shall
be accompanied by copies of the plat in such number as required by the city, an eight and
one-half-by-eleven-inch transparcncy reduction of each sheet, proof of ownership
satisfactory to the city, and a list of property owners within five hundred (500) feet of the
property certified by an abstract company. The applicant shall pay the application fee
established by city council resolution. All required data, documentation plans, copies and
fees must be submitted before the application will be considered complete. Rejection of
the plat by the city council, or abandonment or withdrawal of the proposed plat by the
subdivider, shall not entitle the applicant to the return of all or any part of the application
fee.
(b) The city may refer copies of the preliminary plat to other agencies and
utility companies for their review, comments and recommendations.
(c) The planning commission shall hold a public hearing on the preliminary
plat after notice of the date, time, place and purpose of the hearing has been published
once in the official newspaper, and a proposed development notification sign has been
erected on the subject property by the applicant, both at least ten (10) days before the date
of hearing. Written notice shall also be mailed by the city to the applicant and all owners
of record within five hundred (500) feet of the outer boundaries of the preliminary plat.
Failure to post a proposed development notification sign or to give notice or defects in
the notice shall not affect the validity of the proceedings. If a development is proposed
adjacent to a lake, or will affect the usage of the lake, the applicant shall provide the city
with a list of property owners abutting the lake at the time of application. The city shall
provide mailed notice to the lake homeowners as in compliance with the procedures
above. The applicant is responsible for meeting with affected homeowners.
(d) The planning commission shall make a recommendation on the
preliminary plat to the city council within forty-five (45) days from the date of the
opening of the public hearing, unless the applicant consents on the record to a
continuance. The planning commission may recommend approval, approval subject to
conditions or that the preliminary plat be denied. If denial is recommended, the reasons
for that recommendation shall be stated in the record.
(e) Following action by the planning commission, the city council shall
consider the preliminary plat. The city council shall make its decision within one hundred
twenty (120) days following receipt by the city of the properly completed application,
unless the subdivider consents on the record to a continuance. The city council may:
(1) Grant approval of the preliminary plat, with or without modification or
conditions; or
(2) Refer the preliminary plat to the planning commission or appropriate city
staff, officers or departments for further investigation; or
(3) Disapprove the preliminary plat. If the plat is not approved, the city council
shall state the reasons for denial on the record.
(f) The findings necessary for city council approval of the preliminary plat
and the final plat shall be as follows:
(1) The proposed subdivision is consistent with the zoning ordinance;
(2) The proposed subdivision is consistent with all applicable city, county and
regional plans including but not limited to the city's comprehensive plan;
(3) The physical characteristics of the site, including but not limited to
topography, soils, vegetation, susceptibility to erosion and siltation,
susceptibility to flooding, and storm water drainage are suitable for the
proposed development;
(4) The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage disposal, streets, erosion control and all other
improvements required by this chapter;
(5) The proposed subdivision will not cause environmental damage;
(6) The proposed subdivision will not conflict with easements of record.
(7) The proposed subdivision is not premature. A subdivision is premature if
any of the following exists:
a. Lack of adequate storm water drainage.
b. Lack of dedicated and improved public streets.
c. Lack of adequate sanitary sewer systems and not ISTS (individual sewer
treatment system).
d. Lack of adequate off-site public improvements or support systems.
(g) The city shall notify the applicant of the city council's action, stating the
conditions of approval or reasons for disapproval.
(h) An applicant may at his own risk, apply to process the preliminary and
final plats simultaneously.
(Ord. No. 33-D, § 4.1, 2-25-85; Ord. No. 240, § 2, 7-24-95)
Sec. 18-40. Same--Data required.
Unless waived by the city because of the limited size and nature of the proposal,
the following shall be furnished with a preliminary plat:
(1) Identification and description:
a. Proposed name of subdivision, which shall not duplicate or be similar in
pronunciation or spelling to the name of any other plat in the county.
b. Legal description.
c. Names and addresses of the record owner, subdivider, land surveyor,
engineer, designer of the plat, and any agent having control of the land.
d. Graphic scale not less than one (1) inch to one hundred (100) feet.
e. North arroW.
f. Key map including area within on (1) mile radius of plat.
g. Date of preparation.
(2) Existing conditions:
a. Boundary lines of proposed subdivision.
b. Existing zoning classifications for land within and abutting the subdivision.
c. Acreage and lot dimensions.
d. Location, right-of-way width, and names of existing or platted streets;
locations of parks, buildings and structures, railroad right-of-way,
easements, section lines and corporate boundaries within the proposed
subdivision and to a distance one hundred fifty (150) feet beyond.
e. Boundary lines of adjoining platted or subdivided land, within one hundred
fifty (150) feet, identified by name and ownership including all contiguous
land owned or controlled by the subdivider.
f. Topographic data within the property to be subdivided and one hundred
(100) feet beyond the property boundary, showing contours as follows: two-
foot intervals where slope is ten (10) percent or less; five-foot intervals
where slope is ten (10) to fifteen (15) percent; ten-foot intervals where slope
is greater than fifteen (15) percent. All areas of the subdivision to be platted
with a slope greater than twenty-five (25) percent must be clearly indicated.
However, on undevelopable sections or larger acre lots topographic data
may be reduced to significant physical characteristics, such as top and toe of
slope, if in the opinion of the city the area is viewed as unsuitable for future
subdivision. Location and elevations of on-site and abutting water courses,
(3)
lakes, wetlands, rivers, streams, and marshes at date of survey and their
ordinary high water mark plus approximate high and low water elevations
shall also be shown. Where the subdivision borders a lake, river or stream, a
meander line shall be established at an elevation two (2) feet above the
recorded high water elevation of the lake, river or stream° Flood plain areas,
location of wooded areas, rocky outcrops, power transmission poles and
lines and other significant physical features shall also be shown.
g. Location, size and approximate grade of proposed public sewer and water
mains. If public sewer and water are not available the developer shall
provide site evaluation data required by "Minnesota Rules Chapter 7080
Individual Sewage Treatment Systems Standards" to determine the
suitability of the site for individual sewage systems. The following data is
required for review:
1. Location of two (2) drainfield sites.
2. Two (2) soil borings on each drainfield site for a total of four (4) soil
borings per lot.
3. No percolation tests are required for slopes between zero and twelve
(12) percent. One (1) percolation test per drainfield site where the land
slope is between 13 and 25 percent. Areas where the land slope
exceeds twenty-five (25) percent shall not be considered as a potential
soil treatment unit site. The depth of the percolation test should be
determined in the field by the site evaluator.
h. An accurate soil report indicating soil conditions, permeability and slope.
i. Utilities on or adjacent to the property, including location, size and invert
elevation of public sanitary and storm sewers, catch basins and manholes;
location and siZe of water mains and hydrants; location of gas mains, high
pressure lines, fire hydrants, electric and telephone lines, and street lights.
The direction, distance to, and size of such facilities shall be indicated.
j. Location of any wetlands.
k. Within the Bluff Creek Overlay (BCO) District, the application shall also
include:
a. Identified boundaries of the Primary Zone and Secondary Zone on
a drawing depicting existing conditions and on a site plan depicting
the proposed development pattern.
bo Calculations and/or drawings that identify the allowable density
(number of units or building coverage) under this Code including
lands lying in the Primary and Secondary Zone. Calculation of
allowable density shall specifically exclude lands classified as
bluffs, flood plains and designated wetlands. Calculation of
allowable impervious cover may include bluffs and flood plains
but shall specifically exclude designated wetlands.
Proposed design features:
a. Layout of proposed streets showing the proposed names, the fight-of-way
widths, centerline gradients and typical cross sections. Street names shall be
assigned or approved by the city.
(4)
b. Location and width of proposed pedcstrian ways ~~, and utility
easements.
c. Lot sizes, layout, numbers and preliminary dimensions of lots and blocks.
d. Minimum building setback lines as required by the zoning ordinance.
e. Areas other than streets, alleys, pedestrians ways and utility easements,
intended to be dedicated or reserved for public use, including the size of
such areas.
f. Location, size and approximate grade of proposed public sewer and water
mains. If public sewer and water area not available the developer shall
provide site evaluation data required by Minnesota Pollution Control
Agency Individual Sewage Treatment Standards (WPC 409) to determine
the suitability of the site for individual sewage systems. References shall be
made to "Soil Survey: Carver (or Hennepin) County, Minnesota, "U.S.
Department of Agriculture, Soil Conservation Service, and any other
available sources. The data required shall be determined by the city.
g. If the preliminary plat is a rearrangement of a recorded plat, the lot and
block arrangement of the original plat, its original name, and all revised or
vacated right-of-ways and easements shall be shown by dotted or dashed
line.
Supplementary information:
a. Statement of the proposed use of lots stating type of buildings with number
of proposed dwelling units or type of business or industry to reveal the
effect of the proposed development on traffic, fire hazards, and density of
population.
Any proposed protective covenants.
A drainage plan for the area indicating the direction and rate of natural
storm water runoff and those unaltered areas where storm water collects and
percolates into the ground. A proposed drainage plan for the developed site
indicating the direction and rate of runoff and those areas where storm water
will collect and percolate into the ground shall also be included. Storm water
shall be consistent with the storm water management.
A proposed finished grading plan shown at contour intervals appropriate to
the topography or spot elevations indicating the relationship of proposed
changes to existing topography and remaining features.
If any zoning changes are contemplated, the proposed zoning plan for the
areas.
Where the subdivider owns property adjacent to that proposed for the
subdivision, a general development plan of the remaining property depicting
the possible relationships between the proposed subdivision and the future
subdivision. The plan shall address the overall land use, traffic circulation,
utility easement configurations, and general lot layouts.
A soil erosion and sediment control plan. The plan shall include a timing
schedule and sequence of operation indicating the anticipated starting and
completion dates of the particular development segment and the estimated
time of exposure of each area prior to completion of effective erosion and
sediment control measures. Gradients of waterways, design of velocity and
be
do
eo
go
erosion control measures, and landscaping of the erosion and sediment
control system shall also be shown.
h. A vegetation preservation and protection plan to provide stabilization of
erosion or sediment-producing areas.
i. Required variances.
j. Water distribution system.
k. Proposals for street lighting, curb and gutters, sidewalks and boulevard
improvements.
1. Such other information as may be requested by the city.
m. Photocomposite images, artistic renderings, or site elevations which depict
the visual impact of the proposed development's design, landscaping, street
layout, signage, pedestrian ways, lighting, buildings, or other details that
affect land use within the city shall be submitted. Such images and
renderings shall be from key vantage points and provide an undistorted
perspective of the proposed development from abutting properties, less
intensive land uses, and/or from entryway locations. Appropriate levels of
resolution for the visualization shall be used from flat shading for massing
studies and preliminary design to photorealistic imaging for final design.
(Ord. No. 33-D, § 59.2(7), 2-25-85; Ord. No. 33E, § 1, 12-15-86; Ord. No. 203, § 1, 5-9-
94; Ord. No. 240, § 3, 7-24-95; Ord. No. 286, § 1, 12-14-98)
Sec. 18-41. Final plat--Generally.
(a) Unless otherwise provided in the development contract for phased
development, within one (1) year after the date of the city council approval of the
preliminary plat, the subdivider shall file an application for approval of the final plat. In
addition to the application the subdivider shall submit:
(1) Copies of the plat in such quantities as is required by the city;
(2) Two (2) mylar copies of the plat;
(3) One (1) two hundred (200) scale copy of the plat.
If the final plat application is not filed within this period, the preliminary plat will be
considered void unless for good cause shown an extension is requested in writing by the
subdivider and granted by the city council ~}~:~a~i~~
preli~n~P?~app_~i. The application for final plat approval shall be filed at least
fourteen (14) days prior to the meeting of the city council at which action is desired.
(b) The final plat shall conform to the requirements of this chapter and to all
conditions set forth in the approval of the preliminary plat as modified during final plat
approval.
(c) The city council shall review the final plat and shall approve or disapprove
it within sixty (60) days of receipt of the completed application.
(d) No final plat shall be approved by the city council until the plat is in a
form acceptable for recording with the county, the proper filing fees have been paid to the
city, a development contract has been signed, appropriate security has been furnished,
and no other payments to the city related to the development are outstanding.
10
(e) Upon approval of the final plat by the city council, the city shall notify the
applicant of the approval and within thirty (30) days thereafter, the applicant or the city
attorney shall file the final plat with the county recorder and furnish the city evidence of
such recording. Failure of the applicant to comply shall be cause for revoking the city's
approval.
(f) The developer shall pay the city a fee established by city council
resolution to reimburse the city for the cost of updating the city's base maps and GIS data
base files and converting the plat (Ord. No. 33-D, § 4.1, 2-25-85; Ord. No. 240, § 4, 7-24-
95; Ord. No. 273, § 1, 9-8-97)
Sec. 18-42. Same--Development contract.
Before the city signs a final plat and before the developer constructs any of the
required improvements set forth in section 18-78, the developer shall enter into a
development contract with the city. The contract shall delineate the conditions under
which approval is given.
(Ord. No. 33-D, § 10, 2-25-85)
Secs. 18-43--18-55. Reserved.
ARTICLE III. DESIGN STANDARDS
Sec.- 18-56. Generally.
The proposed subdivision shall conform to the comprehensive plan, zoning
ordinance and design handbook. The design features set forth in this article are minimum'
requirements. The city may impose additional or more stringent requirements concerning
lot size, streets and overall design as deemed appropriate considering the property being
subdivided.
(Ord. No. 33-D, §§ 6.1, 6.9, 2-25-85)
Sec. 18-57. Streets.
(a) Streets shall be dedicated on the plat to the public. The location and design
of streets shall consider existing and planned streets, reasonable traffic circulation,
topographic conditions, runoff of storm water, public convenience and safety and the
proposed land uses of property to be served.
(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 widths shall not be less than the
following:
Street Classifications
Right-of-Way Widths
(feet)
~Pavement Width
(feet)
Minor arterial 100 36 to 44
Collector 80 36
11
Local street (rural 60
residential)
Local street (urban 60
residential)
Local street 60
(commerci al/industri al)
Cul-de-sac, turnaround 60
radius (urban/residential)
Cul-de-sac, turnaround 60
radius(rural residential)
Cul-de-sac, turnaround 60
radius(commercial/industfial)
24
28 to 32
36
42
40
48
(c) Insofar as practical, streets shall intersect at fight angles. In no case shall
the angle formed by the intersection of two (2) streets be less than sixty (60) degrees.
Intersections having more than four (4) corners are prohibited.
(d) A tangent of at least three hundred (300) feet shall be introduced between
reverse curves on arterial and collector streets.
(e) When connecting street lines deflect from each other at one (1) point by
more than ten (10) degrees they shall be connected by a curve with a radius adequate to
ensure a sight distance within the right-of-way of not less than five hundred (500) feet for
arterials, three hundred (300) feet for collectors, and one hundred (100) feet for all other
streets.
(f) Proper design shall consider required turning radius of vehicles for access
points or entrances to and from a highway using standards adopted by the state
department of transportation.
(g) All centerline grades shall be at least five-tenths percent and shall not
exceed five (5) percent, for arterials and seven (7) percent for all other streets and alleys.
Whenever possible, grades within thirty (30) feet of intersections or railroad crossings
shall not exceed three (3) percent.
(h) Different connecting street grades shall be connected with vertical curves.
Minimum length, in feet, of the vertical curves shall be twenty (20) times the algebraic
difference in the percentage of grade of the two (2) adjacent slopes.
(i) Local streets shall have a centerline offset of not less than three hundred
(300) feet. Offset intersections shall be avoided.
12
(j) The alignment shall discourage through traffic
(k) The maximum length of a street terminating in a cul-de-sac shall be
determined as a function of the expected development density along the street, measured
from the centerline of the street of origin to the end of the right-of-way.
(I) Where a proposed subdivision is adjacent to a limited access highway,
arterial or collector street, there shall be no direct vehicular or pedestrian access from
individual lots to such highways or streets. To the extent feasible access to arterial streets
shall be at intervals of not less than one-fourth mile and through existing and established
crossroads. Access along collector streets will be restricted and controlled on the final
plat.
(m) Half streets shall be prohibited except where it will be practical to require
the dedication of the other half when the adjoining property is subdivided, in which case
the dedication of a half street may be permitted or required. The probable length of time
elapsing before dedication of the remainder shall be a factor considered in making this
determination.
(n) Public streets to be constructed in subdivisions located inside the
metropolitan urban service area line, as identified in the city comprehensive plan shall be
constructed to urban standards as prepared by the city engineer's office. Streets to be
constructed in subdivisions located outside the metropolitan urban service area shall
conform to the rural standard requirements as prepared by the city engineer's office. The
construction of private streets are prohibited except as specified in section 18-57(0).
(o) Private streets may be permitted in business, industrial, office, R-8, R-12,
and R-16. UP to four (~1) lots in thc A 2, RR, RSF, and R~l districts ~~
~~ 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.
~~Eat¢~Stree~-~:S~~ 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 2 units or more in the A-2,
RR, RSF, and R4 districts must be built to a seven-ton design, paved to a
width of twenty (20) feet, utilize a maximum grade of ten (10) percent, and
provide a turnaround area acceptable to the fire marshal based upon
guidelines provided by applicable fire codes. Private streets serving R-8, R-
12, and R-16, shall be built to a seven-ton design, paved a minimum width
of twenty-four (24) feet, utilize a maximum grade of ten (10) percent, and
provide a turnaround acceptable to the Fire Marshal based on applicable fire
codes. Private streets serving business, industrial and office districts shall be
13
built to a nine-ton design, paved a minimum width of twenty-six (26) feet,
utilize a maximum grade of ten (10) percent, and provide a turnaround area
acceptable to the fire marshal based on guidelines provided by applicable
fire codes. Plans for the street shall be submitted to the city engineer. Upon
completion of the drivcway ~~, 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
twenty-four (24) hours of a snowfall greater than two (2) inches. Covenants
concerning maintenance shall be filed against all bcncfitting
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 Minnesota Statutes section 429.101, Subdivision i(C).
(4) The private street shall be provided with adequate drainage facilities to
convey storm runoff which may require hydrologic calculations for a ten-
year storm should be included. In the R-8, R-12, R-16, business, industrial,
and office districts, these improvements 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 fight-of-
way. .
(6) The private street shall be designed to minimize impacts upon adjoining
parcels. The city may require revised alignments, ~~'
b~~~~ and landscaping to minimize impacts. An
erosion control plan should be completed and approved prior to
construction.
(7) The private street in the A-2, RR, RSF, and R-4 districts, must be located
within a strip of property at least thirty (30) feet wide extending out to the
public fight-of-way or covered by a thirty-foot wide easement that is
permanently recorded over all bcncfittcd }~'~7~ and impacted parcels.
Private streets serving R-8, R-12, R-16, business, industrial, and office
districts, must be located within a strip of property at least forty (40) feet
wide extending out to the public fight-of-way or covered by a forty foot
wide easement that is permanently recorded over all bcncfittcd
and impacted parcels.
(8) Maintenance and repair of utilities located within the private dfivcway
cascmcnt shall be the responsibility of the benefiting property.
(p) Private reserve strips controlling public access to streets shall be
prohibited.
(q) Flag lots may be permitted in the A2, RR, RSF and R4 if the ~iSt~i-i~i~ti
~fi~e se'cl:i0n--i~22 hr~meta~d'~0'hi~'~n'~i~d~r~iti0n~.of.th~~!isgi! if thc ~ity finds
thc following conditions cxist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to
construct a public/private street. In making this determination, the city may
14
(2)
(3)
consider the location of existing property lines and homes, local or
geographic conditions and the existence of wetlands.
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.
The use of a privatc str~~ will permit enhanced protection of the
city's natural resources, including wetlands and protected areas.
(Ord. No. 33-D,'§ 6-2, 2-25-85; Ord. No. 125, § 1, 3-26-90; Ord. No. 135,_§§ 1, 2, 12-10-
90; Ord. No. 209, § 1, 6-27-94; Ord. No. 240, § 5, 7-24-95)
Sec. 18-58. Alleys.
Alleys are prohibited except for fire lanes in commercial and industrial
developments or if approved as a part of a PUD.
(Ord. No. 33-D, § 6.3, 2-25-85; Ord. No. 240, § 6, 7-24-95)
Sec. 18-59. Blocks.
The length and width of blocks shall be sufficient to provide convenient and safe
access, circulation, control and street design. Blocks shall not be longer than one
thousand eight hundred (1,800) feet, or shorter than three hundred (300) feet except
where topography of surrounding development limits ability to strictly comply or as
specifically approved by the city council to foster innovative design consistent with
sound planning principles. Pedestrian ways may be required on blocks longer than nine
hundred (900) feet or in other areas to provide access to schools, parks and other
destination points. Easements for pedestrian ways shall be at least twenty (20) feet wide
and shall be located to minimize intersections with streets.
(Ord. No. 33-D, § 6.4, 2-25-85)
Sec. 18-60. Lots.
15
(a) All lots shall abut for their full required minimum frontage on a publicly
dedicated street as required by the zoning ordinance~ or o~ ~~ a
private stree~ or a flag lot which shall have a minimum of thirty (30) feet of
frontage ~~
(b) Side lines of lots shall be substantially at fight angles to straight street lines
or substantially radial to curved street lines.
(c) Lots shall be graded to drain away from building locations.
(d) Lots shall be placed to preserve and protect natural amenities, such as
vegetation, wetlands, steep slopes, water courses and historic areas.
(e) ~~ Lot~ rcmnants are prohibited.
(f) Street arrangements for the proposed subdivision shall not cause undue
hardship to owners of adjoining property in subdividing their own land.
(g) Double frontage lots with frontage on two (2) parallel streets or reverse
frontage shall not be permitted except where lots back on an arterial or
collector street. Such lots shall have an additional depth of at least ten (10)
feet to accommodate vegetative screening along the back lot line. Wherever
possible, structures on double frontage lots should face the front of existing
structures across the street. If this cannot be achieved, then such lots shall
have an additional depth of ten (10) feet to accommodate vegetation
screening along the back lot line.
(h) Lot layouts should take into consideration the potential use of solar energy
design featUres.
(i) Driveway grades shall be a minimum of one-half (I/2) percent and a
maximum grade of ten (10) percent.
(Ord. No. 33-D, § 6.5, 2-25-85; Ord. No. 240, § 7, 7-24-95)
Sec. 18-61. Landscaping and tree preservation requirements.
(a)
Required landscaping/residential subdivision.
(1) Each lot shall be provided with a minimum of one (1) tree to be placed in the
front yard. The type of tree shall be subject to city approval. (The city will
provide a list of species). Coniferous trees must be at least six (6) feet high
and deciduous trees must be at least two and one-half (21/2) inches in diameter
at the time of installation. This requirement may be waived by the city where
the applicant can demonstrate that a suitable tree having a minimum diameter
of two and one-half (21/2) inches for deciduous and six-foot height for
evergreen and four (4) feet above the ground is located in an appropriate
location on the lot. The following trees may be used to meet planting
requirements:
Primary Specimen
Deciduous Trees
Common Name
Acer saccharu~n
Carya ovata
Maple, Sugar or hard
Shagbark Hickory
16
CeItis occidentalis
Juglans nigra
Quercus rubra
Quercus aIba
Quercus bicolor
Quercus macrocarpa
Robinia pseudoacacia
Tilia americana
Hackberry
Black Walnut
Oak, Red
Oak, White
Oak, Bicolor
Oak, Bur
Black Locust
Linden, American
Secondary Deciduous Trees
Acer platanoides 'Cleveland'
Acer platanoides
Acer platanoides
Acer platanoides
Acer platanoides
Acer platanoides
·
Acer pIatanoides
Acer plaianoides
Acer platanoides,
Acer rubrum
'Columnar'
'Crimson King'
'Emerald Lustre'
'Emerald Queen'
'Jade Glen'
'Schwedler'
'Superform'
' Variegatum'
Acer rubrum 'Northwood'
Acer saccaharinum 'Silver Queen'
AescuIus gIabra
BetuIa nigra
Betula papyrifera
BetuIa pendula 'Dalecarlica'
Catalpa speciosa
Fraxinus atnericana
Frax#,us pennsylvanica 'Marshall's
Seedless'
Maple, Cleveland Norway
Maple, Columnar
Maple, Crimson King
Maple, Emerald Lustre Norway
Maple, Emerald Queen Norway
Maple, Jade Glen
Maple, Schwedler Norway
Maple, Superform Norway
Maple, variegated Norway
Maple, Red
Maple, Northwood Red
Maple, Silver Queen
Ohio Buckeye
Birch, River
Birch, paper
Birch, cut leaf weeping
Northern Catalpa
Ash, White
Ash, Marshall's Seedless
17
Ginkgo biloba
Gleditsia triacanthos inermis
Gleditsia triacanthos inermis 'Imperial'
Gleditisai triacanthose inermis 'Skyline'
Gymnocladus dioicus
Ostrya virginiana
Populus tremuloides
Sorbus spp.
Ornamental
Acer ginnala
Amelanchier
Crataegus spp.
Malus baccata columnaris
Malus (various species)
Phellodendron amurense
Prunus cerasifera 'Newport'
Prunus triloba
Prunus virginiana 'Schubert'
Rhamnus frangula ' CoIumnaris'
Syringa reticulata
Tilia cordata
Tilia cordata 'Greenspire'
Tilia x euchlora 'Redmond'
Conifers
Abies balsamea
Abies concolor
Ginkgo
Honeylocust, thornless
Honeylocust, Imperial
Honeylocust, Skyline
Coffeetree, Kentucky
Ironwood
Aspen
Ash, Mountain
Maple, Amur
Serviceberry or Juneberry
Hawthorne
Crabapple, Columnar Siberian
Crabapple, flowering- Varieties:
Dolgo, Flame, Radiant,
Red, Silver, Red Splendor
Amur Corktree
Plum, Newport
Plum, flowering or Rose Tree of China
Chokeberry, Schuberts
Buckthorn, Tallhedge
Lilac, Japanese tree
Linden, Littleleaf
Linden, Greenspire
Linden, Redmond
Fir, Balsam
Fir, Concolor
18
Larix Iaricina
Tamarack
Picea abies
Picea glauca
Picea glauca densata
Picea pungens
Picea pungens 'Glauca'
Pinus nigra
Pinus ponderosa
Pinus resinosa
Pinus strobus
Pinus sylvestris
Pseudotsuga menziesii
Thuja occidentalis
Thuja occidentalis 'Techny'
(2)
Spruce,
Spruce,
Spruce,
Spruce,
Spruce,
Norway
White
Black Hills
Colorado Green
Colorado Blue
Pine, Austrian
Pine, Ponderosa
Pine, Norway
Pine, White
Pine, Scotch
Fir, Douglas
Arborvitae
-Techny Arborvitae
The tree must be installed prior to receiving a certificate of occupancy or
financial guarantees acceptable to the city must be provided to ensure timely
installation.
(3) All areas disturbed by site grading and/or construction must be seeded or
sodded immediately upon completion of work to minimize erosion. When
certificates of occupancy are requested prior to the satisfaction of this
requirement, financial guarantees acceptable to the city, must be provided.
(4) No dead trees or.uprooted stumps shall remain after development. On-site
burial is not permitted.
(5) Landscaped buffers around the exterior of the subdivision shall be required
by the city when the plat is contiguous with collector or arterial streets as
defined in the comprehensive plan and where the plat is adjacent to more
intensive land uses. Required buffeting shall consist of berms and landscape
material consisting of a mix of trees and shrubs and/or tree preservation
areas. No fences will be permitted between the required buffer and the
collector or arterial street. Where appropriate, the city may require
additional lot depth and area on lots containing the buffer so that it can be
adequately accommodated and the homes protected from impacts. Lot
depths and areas may be increased by twenty-five (25) percent over zoning
district standards. The landscape plan must be developed with the
preliminary and final plat submittals for city approval. Appropriate financial
guarantees acceptable to the city shall be required.
(b) It is the policy of the city to preserve natural woodland areas throughout
the city and with respect to specific site development to retain as far as practical,
substantial tree stands which can be incorporated into the overall landscape plan.
19
plans:
(c) No clearcutting of woodland areas shall be permitted except as approved
in a subdivision, planned unit development or site plan application.
(d) The following standards shall be used in evaluating subdivisions and site
(1)
(2)
It is a policy of the City of Chanhassen to protect the integrity of the natural
environment through the preservation, protection, and planting of trees. The
city finds that trees provide many benefits including: stabilization of the soil
by the prevention of erosion and sedimentation, reduction of storm water
runoff and the costs associated therewith, improvement of air quality,
reduction of noise pollution, control of urban heat island effect, protection
and increase of property values, protection of privacy, energy conservation
through natural insulation, control of drainage and restoration of denuded
soil subsequent to construction and grading, protection from severe weather,
providing habitat for birds and other wildlife, conservation and enhancement
of city's physical and aesthetic environment, reforestation of open lands, and
general protection and enhancement of the quality of life and general
welfare of the city. It is therefore the purpose of this section to provide
regulations related to the cutting, removal, or killing of trees on construction
and development sites and to ensure the protection and preservation of the
natural environment and beauty of the City of Chanhassen.
Prior to the submittal of development plans, a tree survey of the site shall be
prepared by a registered landscape architect, licensed forester, or other
professional appro, ved by the city. This survey shall include the species,
DBH size, condition, location of all significant, special, damaged or
diseased trees on site. All significant special, damaged or diseased trees
shall be tagged and identified by number on the survey. A delineation of the
existing canopy coverage area(s) which outlines all areas covered by tree
canopy shall be included as part of the survey. Additionally, all damaged
and diseased trees shall be cataloged with the nature and extent of any
damage or disease specified.
a. Based on this survey and either site observation and measurement or a
current aerial photograph (taken within one (1) year of the date of plan
submittal) interpretation, the following shall be calculated:
1. Base line canopy coverage.
2. Minimum canopy coverage requirements.
The following table shall be used to determine the minimum amount of
canopy coverage that must be maintained or provided on-site as part of the
development. It shall represent the minimum canopy coverage, consisting of
existing tree canopy and/or additional trees required for the site. Existing
wetland areas located on site shall be excluded from the calculation of site
area in the determination of site coverage. If a forested area is to be
dedicated to the city for park land, then this area shall not be included in the
base line canopy coverage area calculation nor shall it county ~OUI~i towards
the minimum canopy coverage for the site.
Base Line Canopy Coverage Per Acre
20
Comprehensive Plan Designation 80--
100%
60--79% 40--59% 20--39% 19% or
less
Commercial/industrial/institutional 28% 25% 20% 14% 10%
High density residential 35% 30% 25% 20% 15%
Medium density residential 40% 35% 30% 25% 20%
Low density residential 55% 46% 35% 30% 25%
Large lot residential 68% 56% 43% 35% 25%
Base line canopy coverage is the canopy coverage existing at the time the development
application is filed with the city. Minimum canopy coverage is determined by using the
matrix.
Priority shall be given to retaining stands of trees and undisturbed wooded lands over
individual specimen trees that will be incorporated into the development. No more than
ten (10) percent of the canopy retention requirement may be met by an individual tree
that is not included within a designated woodland area.
For developments that do not meet the minimum canopy coverage, the developer shall be
required to develop a forestation plan to bring the total canopy coverage up to the
minimum requirement. Where existing woodlands are removed or there is a loss of trees
that would otherwise be used to meet the canopy coverage retention requirement, the
developer shall develop a woodland replacement plan. The replacement plan must
designate an area at least one and two-tenths (1.2) times the removed canopy coverage
area that shall be planted with replacement trees for those removed. 'These plans shall
locate additional trees either as a continuation of existing stands of trees that are to be
preserved or create new stands of trees in desirable locations such as along roadway
corridors, on the north and west perimeters of the development, in common open areas,
or adjacent to park facilities.
The following criteria shall be followed in establishing minimum canopy coverage:
1. When planting trees, one (1) tree shall be deemed to provide one thousand
eighty-nine (1,089) square feet of required canopy coverage;
2. Trees must be from the approved list of desirable species (preference given
for trees designated as native);
3. No more than one-third (I/3) of the trees may be from any one (1) tree
species;
4. Trees shall average at least two-and-one-half-inch caliper and may be a
minimum of one-and-one-half-inch caliper;
5. Not less than twenty (20) percent of the trees shall be conifers;
6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6)
feet in height;
7. Plant materials used for the reforestation shall be of a similar species as
vegetation found on site;
8. Trees shall be used that are appropriate to the soil conditions found on site;
and
9. Trees shall be from certified nursery stock as defined and controlled by
Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act.
21
(3)
(4)
(5)
(6)
To the extent practical, site design shall preserve significant woodland areas and
special trees. Special priority for tree preservation shall be given to areas within
floodplains, wetlands, stream corridors, wooded slopes, and along collector and
arterial roadway corridors. To facilitate this, a woodland management plan, which
may include preservation, forestation, and replacement elements, shall be
formulated by the developer as one component of the development proposal. The
woodland management plan shall be prepared and signed by a registered
landscape architect, licensed forester, or other professional approved by the city.
This plan shall include the following information:
a. Tree survey;
b. Designated woodland areas;
c. Location and size of replacement/forestation tree planting areas;
d. List of all replacement trees including species, caliper; and planting method;
e. Methods of tree protection;
f. Location of all protective fencing;
g. Special construction methods to be utilized;
h. Location of all retaining walls;
i. Statement explaining why replacement trees are necessary;
j. Rationale for selection of placement/forestation trees.
In single-family detached residential developments, the applicant must
demonstrate that suitable home sites exist on each lot by describing a sixty-foot
by sixty-foot building pad (which includes deck area) without intruding into
required setbacks and easements.
Minimizing the tree loss should be achieved by any combination of the following:
a. Realignment of streets, utilities and lot lines.
b. Consideration of alternative utility configurations such as the use of ejector
pumps, force mains, or revised home elevations to minimize grading.
c. Reductions in ~ ~rp~a~ width and fight-of-way and increase in street
grade up to ten (10) percent when the applicant can demonstrate that
significant tree preservation is directly related to the modification.
d. Use of private drivcs ~j.~s~ in lieu of public streets.
e. Variation in street radius and design speed.
f. Modified grading plans.
g. Within PUDs, the city council may consider waiving minimum lot area
requirements and/or density transfers as long as it can be demonstrated by
the applicant, that tree preservation can be enhanced. In no case shall overall
project densities exceed what is allowed by the Comprehensive Plan. The
greater the level of preservation, the greater flexibility will be considered by
the city.
h. Within PUDs, variations to building setback lines provided a minimum
twenty (20) foot building separation is maintained between buildings on
adjacent lots. The setback variations shall be established and recorded as
part of the plat approval.
Trees designated for preservation shall be protected by snow fences with clearly
marked signage specifying that the area is off limits for construction activities, or
other means acceptable to the city, prior to land preparation or construction
22
(7)
(8)
(9)
(10)
(11)
activities. Protective barriers must be located at twelve (12) times the tree
diameter at DBH from the base of the tree the critical root zone, and must remain
in place until all construction activities are terminated. No equipment, chemicals,
soil deposits, or construction materials shall be placed within the protective
barriers. All understory trees and natural vegetation should be preserved within
the boundaries of the protective areas. Where this protection area cannot be
maintained or would otherwise render lots undevelopable, an alternate protection,
mitigation or tree replacement plan may be considered and approved by the city.
This plan may include the use of retaining walls, installation of aeration systems,
requirement for post construction deep root fertilization and soil aeration, or
construction vehicle ramp systems.
At the city's discretion, conservation easements may be required to protect
designated tree preservation areas. Such easements shall be permanently marked
and signed as a conservation area with low profile monumentation acceptable to
the city. A monument is required for each three hundred (300) linear feet of tree
conservation area. Within designated woodland areas, the city shall encourage the
use of indigenous grasses and plant species to more closely resemble a natural
area. Home owners associations shall be responsible for the maintenance of
vegetation in common areas. Individual property owners shall be.responsible for
the maintenance of vegetation on their property. The planting of trees in excess of
those required by this ordinance is permitted within the designated woodland area.
During the removal process, trees shall be removed so as to prevent blocking of-
public rights-of-way or interfering with overhead utility lines..
The removal of diseased and damaged trees is permissible only if they cannot be
saved. These trees shall not be counted when computing the base line tree canoPy
coverage.
If any protected significant trees are removed or killed or there is a loss of trees as
the result of construction activities, the city requires replacement at the rate of two
(2) caliper inches per each inch of DBH of the removed, killed, or lost trees. The
replacement trees shall be at least two and a half (21/2) inches caliper and will be
species that conform to the List of Desirable Tree Species for Planting in
Chanhassen. No more than one-third (I/3) of the trees may be from any one (1)
tree species. Other species or sizes may be used as replacement trees subject to
approval by the city. Alternately, at the city's discretion, if a developer removes
trees within a protected area, the canopy coverage area shall be calculated for that
area and a replacement area one and one-half (1.5) times the canopy coverage
area that was removed shall be planted. One tree shall be planted for each one
thousand eighty-nine (1,089) square feet of required replacement area. Trees shall
be from the list of desirable tree species, no more than one-third (1/3) of trees from
any one (1) tree species, average two-and-one-half-inch caliper with a minimum
one-and-one-half-inch caliper, a similar species as vegetation existing on site, and
appropriate to the soil conditions. Any replacement trees that cannot be planted on
the original site due to space restrictions shall be planted on city property at
locations to be determined by the city.
Financial guarantees acceptable to the city shall be required to ensure compliance
with this section.
23
(e) Financial guarantees acceptable to the city shall be required to ensure
satisfactory installation of landscaping requirements.
(Ord. No. 33-D, 8 6.6, 2-25-85; Ord. No. 153, 8 2, 11-4-91; Ord. No. 204, 88 1, 2, 5-9-
94; Ord. No. 240, 8 7, 7-24-95; Ord. No. 250, 8 1, 4-8-96; Ord. No. 255, 8 1, 7-22-96)
Cross reference(s)--Landscaping and tree removal, 8 20-1176 et seq.
Sec. 18-62. Erosion and sediment control.
(a) The development shall conform to the topography and soils to create the
least potential for soil erosion.
(b) The smallest practical increment of land shall be exposed at any one (1)
time during development.
(c) Detailed requirements for each plat shall be set forth in the development
agreement.
(d) Subdivision development shall conform to the city's Construction Site
Erosion and Sediment Control Best Management Practices Handbook, as amended.
(Ord. No. 33-D, 8 6.7, 2-25-85; Ord. No. 178, 8 1, 10-26-92)
Sec. 18-63. Surface water management.
(a) All subdivisions shall comply with the city's surface water management
plan dated February 1994, which is incorporated herein by this reference.
(b) In accordance with the city's surface water management plan as a
condition of subdivision approval, subdividers shall pay a water quality and water
quantity connection charge. The charge shall be based upon the gross area of the
subdivision less the area to be dedicated to the city for ponding, parks and wetland, and
right-of-way for state highways, county roads, and local arterial roadways. The
subdivision will be given a credit for any onsitcstorm ~~ water improvement
which has been oversized to serve property outside the subdivision. The charge for lots
oversized due to individual onsite sewage disposal and water systems will be reduced to
the charge that would be imposed on a one-half acre lot. An additional charge will then
be imposed if the lot is further subdivided less a credit for the charge previously paid.
The charge shall be paid in cash before the subdivision is approved by the city unless the
city and subdivider agree that the charge may be assessed against the property. Property
being subdivided shall be exempt from the water quality and water quantity connection
charges imposed by this section if the charges were paid or assessed in conjunction with a
previous subdivision of the property and if the property is not being zoned to a
classification with a higher charge.
(c) Within the Bluff Creek Overlay (BCO) District, meet the additional
purpose, intent and standards of the BCO District.
(Ord. No. 33-D, 8 6.8, 2-25-85; Ord. No. 225, 8 1, 10-24-94; Ord. No. 286, 8 2, 12-14-
98)
Secs. 18-64-- 18-75. Reserved.
ARTICLE IV. EASEMENTS, DEDICATION OF LAND OR CASH
CONTRIBUTION FOR PUBLIC PURPOSE AND REQUIRED IMPROVEMENTS
24
Sec. 18-76. Easements.
(a) All easements shall be dedicated by appropriate language on the final plat
in accordance with this section.
(b) Easements at least ten (10) feet wide along all street right-of-way lines,
five (5) feet along both sides of rear and side lot lines, shall be provided for utilities
where necessary. If appropriate, easements of lesser or greater width may be required by
the city. All utility easements shall have continuity of alignment from block to block.
(c) Easements shall be provided along each side of the centerline of any water
course or drainage channel, to a width sufficient to provide proper maintenance and
protection and to provide for storm water run-off from a one-hundred-year storm of
twenty-four (24) hours' duration. Where necessary, drainage easements corresponding to
lot lines shall be provided. Such easements for drainage purposes shall not be less than
twenty (20) feet in width.
(Ord. No. 33-D, § 7, 2-25-85)
Sec. 18-77. Dedication of land or contribution in cash for public purposes.
.
In every plat or subdivision the developer may be required to dedicate to the
public streets, easements for sewers, electric, gas, water facilities, storm water drainage,
holding ponds and similar utilities and improvements.
(Ord. No. 33-D, § 8, 2-25-85; Ord. No. 85, § 1, 3-14-88)
Sec. 18-78. Required improvements.
(a) The subdivider shall submit engineering plans and specifications
satisfactory to the city for all required improvements, as listed or as specified in this
chapter. These improvements must be initiated within one (1) year of final plat approval
and completed within two (2) years.
(b) The following public improvements are required in every plat:
(1) All subdivision boundary comers, block and lot comers, read ~
intersection comers and points of tangency and curvature shall be marked
with durable iron or steel monuments meeting the minimum requirements
of state law. The city may, when a subdivision is essentially complete,
require a development to have the plat restaked to replace the original
monuments destroyed or obliterated during the construction process.
(2) As a rule, the surface water discharge rate from the subdivision is to be
retained at the predevelopment rate for a one-hundred-year, twenty-four-
hour storm event through the use of surface water detention/retention
facilities or other appropriate means as approved by the city engineer.
(3) Every stxe~ ~~ shall have an adequate sub-base and shall be
improved with a bituminous or concrete surface in accordance with the
design standards specified by the city for urban or rural sections. Except in
areas where lot widths exceed one hundred (100) feet or topography or
25
tree cover dictates otherwise, grading shall provide for easy installation of
sidewalks.
(4) Concrete curb and gutter shall be required for all urban street sections.
(5) Sidewalks may be required.
(6) Where a public water supply is available within a reasonable distance of
the proposed subdivision, the subdivider shall be required to provide a
connection to the public system. Service connections shall be stubbed into
the property line and all necessary fire hydrants shall be provided.
Extensions of the public water supply systems shall be designed to provide
public water service to each lot and shall be in accordance with applicable
city requirements.
(7) Street lighting of a type approved by the city shall be required at
intersections and other locations.
(8) If available, public sanitary sewer main and service connections shall be
approved by the city engineer and installed to serve all lots in the
subdivision. In unsewered areas, facilities for sewage disposal, which meet
applicable city ordinance requirements for individual sewage disposal
systems must be provided.
(9) A system that will adequately accommodate the surface water runoff
within the subdivision, as required by this chapter, shall be provided.
(10) Street signs of standard design approved by the city shall be installed at
each street intersection. Regulatory signs shall be installed as required.
(11) Where any proposed plat adjoins a natural lake, pond, river or stream,
including streams which flow only intermittently, the city may require that
a strip of land running along all sides thereof which are contiguous to such
lake, pond or stream, be dedicated to the city for public use, or subject to a
perpetual easement in favor of the city for the purpose of protecting its
hydraulic efficiency and natural character and beauty. There shall also
then be granted to the city the right of ingress to and egress from the
dedicated land.
(12) All utility lines for telephone and electrical service shall be placed
underground or where this is not feasible shall be placed in rear lot line
easements when carried on overhead poles.
(c) Prior to the city signing the final plat and prior to the construction of any
improvements, the developer shall provide the city with a letter of credit or cash escrow
to insure that all improvements required by this chapter will be installed and paid for at
no city expense. For improvements to be installed by the developer, the developer is
obligated to install and complete all such improvements at his own expense and under the
supervision and inspection of the city. For improvements which the city agrees to install,
the developer shall pay the cost of such improvements through payment of special
assessments. As security to the city for installation of the improvements or the payment
of the special assessments, the developer shall be required to file a cash escrow or letter
of credit in an amount and form acceptable to the city to cover the cost of all public
improvements and special assessments.
(Ord. No. 33-D, § 9, 2-25-85; Ord. No. 33-E, § 1, 12-15-86)
26
Sec. 18-79. Park land dedication requirements.
(a) As a prerequisite to subdivision approval, subdividers shall dedicate land
for parks, playgrounds, public open spaces and trails and/or shall make a cash
contribution to the city's park fund and trail fund as provided by this section.
(b) Land to be dedicated shall be reasonably suitable for its intended use and
shall be at a location convenient to the people to be served. Factors used in evaluating the
adequacy of proposed park and recreation areas shall include size, shape, topography,
geology, hydrology, tree cover, access and location.
(c) The park and recreation committee shall recommend to the city council
the land dedication and cash contribution requirements for proposed subdivisions.
(d) Changes in density of plats shall be reviewed by the park and recreation
committee for reconsideration of park dedication and cash contribution requirements.
(e) When a proposed park, playground, recreational area, school site or other
public ground has been indicated in the city's official map or comprehensive plan and is
located in whole or in part within a proposed plat, it shall be designated as such on the
plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects
not to dedicate an area in excess of the land required hereunder for such proposed public
site, the city may consider acquiring the site through purchase or condemnation.
(f) Land area conveyed or dedicated to the city shall not be used in
calculating density requirements of the city zoning ordinance and shall be in addition to
and not in lieu of open space requirements for planned unit developments.
(g) Where private open space for park and recreation purpOses is provided in a
proposed subdivision, such areas may be used for credit, at the discretion of the city
council, against the requirement of dedication for park and recreation purposes, provided
the city council finds it is in the public interest to do so.
(h) The city, upon consideration of the particular type of development, may
require larger or lesser parcels of land to be dedicated if the city determines that present
or future residents would require greater or lesser land for park and playground purposes.
(i) In residential plats one (1) acre of land shall be conveyed to the city as an
outlet by warranty deed for every seventy-five (75) people the platted land could house
based upon the following population calculations:
Single-family detached dwelling lots .........3.0 persons
Two-family dwelling lots .......... 6.0 persons
Apartment, townhouses, condominiums 1.0 person
..
and other dwelling units, per bedroom .......
(j) In plats other than residential plats, either a cash donation equal to ten (10)
percent of the fair market value of the undeveloped property or ten (10) percent of the
gross area of land being platted or a combination thereof, shall be conveyed to the city.
(k) In lieu of a park land donation, the city may require an equivalent cash
donation based upon average undeveloped land value in the city. The cash dedication
requirement shall be established annually by the city council.
27
(1) In lieu of a trail donation, trail construction, or trail easement dedication,
the city may require a cash donation for the trail system. The cash dedication requirement
shall be established annually by the city council.
(m) The city may elect to receive a combination of cash, land, and
development of the land for park use. The fair market value of the land the city wants and
the value of the development of the land shall be calculated. That amount shall be
subtracted from the cash contribution required by subsection (k) above. The remainder
shall be the cash contribution requirement.
(n) "Fair market value" shall be determined as of the time of filing the final plat
in accordance with the following:
(1) The city and the developer may agree as to the fair market value, or
(2) The fair market value may be based upon a current appraisal submitted to
the city by the subdivider at the subdivider's expense.
(3) If the city disputes such appraisal the city may, at the subdivider's
expense, obtain an appraisal of the property by a qualified real estate
appraiser, which appraisal shall be conclusive evidence of the fair market
value of the land.
(o) Planned developments with mixed land uses shall make cash and/or land
contributions in accordance with this section based upon the percentage of land devoted
to the various uses.
(p) One-third (1/3) of the park and trail cash contribution shall be paid
contemporaneously with the city's approval of the subdivision. The balance, calculated as
follows, shall be paid at the time building permits are issued: rate in effect when a
building permit is issued minus the amount previously paid.
(q) The cash contributions for parks and trails shall be deposited in either the
city's park and recreation development fund or multipurpose pedestrian trail fund and
shall be used only for park acquisition or development and trail acquisition or
development.
(r) If a subdivider is unwilling or unable to make a commitment to the city as
to the type of building that will be constructed on lots in the proposed plat, then the land
and cash contribution requirement will be a reasonable amount as determined by the city
council.
(s) Wetlands, ponding areas and drainage ways accepted by the city shall not
be considered in the park land and/or cash contribution to the city.
(t) Subdividers of land abutting streets that have been designated in the city's
comprehensive trail plan for the installation of a trail shall be required to dedicate the
land for the trail to the city and construct the trail. An appropriate trail fee credit shall be
granted.
(Ord. No. 85, 8 2, 3-14-88; Ord. No. 182, 88 1, 2, 3-8-93; Ord. No. 198, 8 1, 2-14-94)
Editor's note--Section 2 of Ord. No. 85, adopted Mar. 14, 1988, amended the Code by
adding a new 8 18-78 thereto. Inasmuch as there already existed a 8 18-78, the editor has
designated the new provisions as 8 18-79.
Cross reference(s)--Parks and recreation, Ch. 14; neighborhood park acquisition and
improvement,8 14-31 et seq.; official maps, 8 15-20 et seq.
28
CHAPTER 20
Sec. 20-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to the in this section, except where the context clearly indicates a
different meaning:
Building setback line means a line on a lot, generally parallel to a lot line, high
water mark, ~ shoreline or roadway right of way linc, located a sufficient distance
therefrom to provide the minimum yards required by this chapter. The building setback
lines delimit the area in which buildings and other regulated structures are permitted
subject to all applicable provisions of this chapter.
Lot means a separate parcel, tract, or area of land undivided by any public street
or approved privatc road, which has been established by plat, metes and bounds
subdivision, Or as otherwise permitted by law, and which is occupied by or intended to be
developed for and occupied by a principal building or group of such buildings and-
accessory buildings, or utilized for a principal use and uses accessory thereto, including
such open spaces and yards as are designed and arranged or required by this chapter for
such building, use or development.
Lot line means a line of record bounding a lot which divides one (1) lot from
another lot or from a strcct right of way or any othcr public spacc ~.
Lot line, front means the lot line separating a lot from a str-e~ ~ right-of-
way. In the case of a comer lot it shall be the lot line with the shortest dimensions on the
street.
;.nmucte~:~iarm_ .n~~~
Setback means the minimum horizontal distance between a structure and the
nearest property line or roadway cascmcnt linc ~~; and, within shoreland areas~.
g~ietback also means the minimum horizontal distance between a structure or sanitary
facility and the ordinary high water mark.
Street means a public right-of way acccpted or a private right-of-way ~~
?~.0.~a~?lw~. approved pursuant to thc roquircmcnts of thc city, by public authority which
providcs a Icgal primary mcans of public acccss to abutting propcrty. "Strc, ct" includcs a
highway, thoroughfarc, artcrial, parkway, collector, avcnuc, drivc, circlc, road, boulcvard
or any othcr similar tcrm dcscribing an entity complying with thc preceding
rc-quircmcnts.
Street width means the shortest distance between the lines delineating the right-of-
way of a ~ ~~.
Sec. 20-1103. Private streets
Private streets are prohibited unless created and maintained pursuant to City Code
Subsections 18-57 (n)i and (o) and (q) ~~ Lots of record created prior to December
10, 1990 are exempt from the private streets requirements.
(Ord. No. 209, § 3, 6-27-94)
Planning Commission Meeting - June 19, 2001
Blackowiak: Okay, it's been moved and seconded.
Sacchet moved, Sidney seconded that the Planning Commission recommends approval of
Conditional Use Permit//01-4 to allow construction within the Secondary Zone of the Bluff Creek
Overlay District in an A-2 District for a barn, shed, and a horse ring, as shown on the plans dated
Received May 21, 2001, subject to the following conditions:
1. The applicant shall adjust the grading limits, if they exceed 25%, by shifting the horse ring to
the south and avoiding slopes with grades that exceed 25%.
2. The applicant enters into a conditional use permit agreement with the city.
3. All disturbed areas shall be revegetated with a combination of the native vegetation listed in the
Maple-Basswood Forest and Mesic Oak Forest communities of Appendix C of the Bluff Creek
Natural Resources Management Plan ("Bluff Creek Environmental Corridor Common Plant
Species of Natural Communities").
4. The applicant shall apply for a stable permit.
5. Show the existing tree line that enters the site from the east.
6. Add a legend to the plan that defines the many different colored lines.
7. Add the benchmark to the plan that was used for the site survey.
8. Show the location of the existing culvert and nearby curb cut off of Bluff Creek Drive.
9. Show the proposed finished floor elevation for the small building.
10. Revise the proposed grading within the existing swale to eliminate the ponding of water.
11. Show a proposed drainage swale along the east side of the large building.
12. All disturbed drainage swale areas on the site shall maintain a minimum 2% slope.
13. A wood fiber blanket will be required over the steep slope on the east side of the proposed horse
ring.
14. All appropriate permits shall be obtained regarding the importing and exporting of f'ffi
material on site.
All voted in favor and the motion carried unanimously 4 to 0.
NEW BUSINESS: None.
CONSIDER AMENDMENT TO THE CITY CODE CHAPTERS 18 AND 20, REGARDING THE
USE OF PRIVATE DRIVES AND FLAG LOTS.
Planning Commission Meeting - June 19, 2001
Public Present:
Name Address
Teresa Meier
1060 Lake Lucy Road.
Blackowiak: I'd like to make two comments on this before we start. First, Commissioners when we do
go ahead and go through these items, I think that the simplest way might be going section by section and
if we have any comments on a section we'll all kind of make our comments and then move onto the next
section. So that way we're kind of all on the same page and it will make it easier for Sharmin to make
any comments.
Sacchet: Point of clarification. Are we getting input?
Blackowiak: That was my second item. It's technically not a public hearing but if anybody has
comments that they would like to make tonight, we will take comments in person tonight or you could
make comments in writing. They may be submitted in writing as well so with that, Sharmin would you
like to give us your report please.
A1-Jaff: Sure. You've been working on this ordinance for.
Sacchet: More than a year.
A1-Jaff: More than a year. And over this time period what we've done is basically taken your input and
incorporated it into ordinances. As welt as clarified definitions. The model that we chOse is basically
similar to that that's followed by the flood plain ordinance. You have flood plain, flood way, flood
fringe. That was, it's an established model that works for the entire nation. So that's what we tried to
model this ordinance after and briefly I will go, this is an illustration, I would like to make that clear. It
is not to scale. It's just to basically show what each definition is. This area is a public right-of-way or
street. What you see in yellow is a roadway. It's the paved portion. It includes the shoulder on a street.
What you see in green is a boulevard. Within that area you could have utilities, you can have sidewalks.
This portion is a private street serving more than one home. It is the shared portion that is also
highlighted in yellow. What you see in gray is individual driveways. Again, another scenario for private
drive or private street, sorry. And these are individual driveways. These are just individual driveways
serving individual properties, and this is a flag lot with a private driveway. The individual private
driveway. So with that we began amending the ordinance. Basically the intent is to go through the entire
city code and unify the definitions. What you see before you is only Chapters 18 and 20. Assuming that
you approve this, we will then go before the City Council with Chapters 1 through 20, so all definitions
read the same throughout the ordinance. We struck out certain words. We added new ones. What you
see highlighted is added definitions that are used within the ordinance yet not clearly defined and in other
areas we have taken out words that we thought are not needed for the definition. How would you like 'me
to proceed with this? Do you want me to go one by one or?
Blackowiak: Well I think that maybe what might be most effective is if we just went through section by
section and started with 18-1, if you have anything that you'd like to point out to us.
Sacchet: Can I ask a question as it relates to the whole thing?
Planning Commission Meeting - June 19, 2001
Blackowiak: Certainly. Go ahead.
Sacchet: First before we go to specific. I just want to clarify two things. One is, this has all been
reviewed with the city attorney? The definitions because like last time when Kate presented these things,
her point was that the city attorney had found that these definitions weren't in place yet so I just want to
clarify that we' re clear on the legal side with all these definitions.
A14aff'. We had a meeting with the city attorney, staff and the city attomey approximately 2 weeks ago
and these definitions are at his direction.
Sacchet: Okay. That's what I wanted to conf'mn. Okay, so then the other thing on the other side we had
a lot of input from residents, the Paulsen's and Debbie Lloyd specifically to all these different
definitions. Did they have some input at this point?
A1-Jaff: No.
Sacchet: That's what happens tonight basically?
A1-Jaff: Correct.
Sacchet: Okay. Okay, I just wanted that, I just want to clarify that for the whole thing. Thank you.
Blackowiak: Okay. Well I think it might just be easiest, I mean if anybody's got a different idea, jump
in but I'm thinking that if we just go section by section. We'll let staff make any comments they have.
We can ask questions, Make comments and kind of close out a section and then move onto the next one
so we aren't jumping back and forth too much.
AI-Jaff: Okay.
Blackowiak: So why don't we start with 18-1. Definitions. And if you have anything Sharmin that you
think we need to specifically look at, go ahead. Otherwise-we'll just start with questions or comments.
Al-Jaff'. Okay. The only thing I wanted to point out is that the definitions that we've added are used
within Chapter 18. Only there wasn't a definition of them here. Within Chapter 18. Although Chapter
18 does reference Chapter 20. That if you can't find a definition within Chapter 18, you can reference
Chapter 20. We pulled them in for.
Blackowiak: So it's just basically to clarify and to make it a little simpler to find it.
A1-Jaff: Correct.
Blackowiak: Okay. Well, Rich, anybody have questions or comments? I'll just start with Rich this time.
We'll kind of go back and forth I guess. No?
Slagle: No I don't.
Blackowiak: Uli.
Sacchet: 18-I, I have no comments. This looks really nice to me.
Planning Commission Meeting - June 19, 2001
Blackowiak: Okay. LuAnn?
Sidney: Yes Madam Chair. I was just wondering if you were, where you were going to include the
illustration, if at all, because I think up front it might be useful. Does it make sense to include it in the?
A1-Jaff: We can do that.
Sidney: I think right when you're talking about the definitions, it would be good to have the illustrations.
A1-Jaff: We can do that.
Blackowiak: And maybe in both 18-1 and 20-1, definitions. Again, just to simplify and make it easy to
find.
A1-Jaff: Okay.
Blackowiak: I just have one, are you done? I'm sorry. Go ahead.
Sidney: And I guess right-of-way, is this the legal definition that Roger wishes to use?
A1-Jaff: Again, this was at Roger's direction. He has not commented on the final draft.
Sacchet: To clarify right-of-way could mean different things than the road, correct?
A1-Jaff: Correct.
Sacchet: Okay.
A1-Jaff: You can have utilities within a right-of-way. A roadway. A sidewalk.
Sacchet: Right-of-way.
A14aff: Right-of-way.
Blackowiak: Alrighty. Well I just have one comment on this and Sharmin I told you this a little, right
before the meeting started. In the definition of street and this ties me into Uli's comment. It means a
public right-of-way or private right-of-way, and then I'd like to add occupied by a roadway. Because you
pointed out street, or the right-of-way can be different things so I think you need to just specify that it's
the right-of-way occupied by a roadway.
Sacchet: That's a good comment.
Blackowiak: Alrighty so, we'll just move on from Section 18-1 and go to 18-2. Compliance. There's
not much there. You must comply. 18-3. Commissioners, just sort of jump in if you want to say
anything otherwise I'll just keep going through. 18-4. Any questions? Comments? Okay, let's go to
Article II, Section 18-21. Building Permits. Okay, 18-22. Variances. Okay, 18-23 through 35 are
reserved. 18-36. Okay, Section 18-37. I just have a couple questions here. A couple comments.
Planning Commission Meeting - June 19, 2001
Sharmin, we're talking about in the first sentence, minimum requirements of the zoning ordinance for a
buildable lot and are on an existing public street or, are we talking about existing private Streets?
A1-Jaff: Yes. Yes we are.
Blackowiak: Okay. Could we add existing there? And also on the next page, in the definition that abut
an existing public or an existing private. So we clarify that it's not something new coming in. Okay,
Section 18-38. Section 18-39.
A1-Jaff: We don't require transparencies.
Blackowiak: Okay. I see that. Section 18-40.
Slagle: I have a question if I can on 18-39.
Blackowiak: Oh sure.
Slagle: Are we okay in the 500 feet?
Blackowiak: The notification?
Slagle: Yeah. Is that not raise any issues?
Al-Jaff: State statute requires 300. We already go 200 feet beyond that and if directed by Planning
Commission or City Council, in the past on special projects we've gone beyond that.
Slagle: Sure, okay.
Blackowiak: Okay, good. It's good to hear. Okay, Section 18-40. Okay, 1841. Oh I have a question.'
Talking about the final plat application, kind of the second paragraph. If the final plat is not filed within
this period, which is one year, preliminary plat will be considered void unless for good cause showing an
extension as requested in writing by the subdivider and granted by City Council. Now can that extension
be requested at any point in time or do you need to have it be requested before the one year anniversary?
In other words, before the final plat becomes void. Or I mean excuse me, the preliminary plat becomes
void.
A14aff: Typically what we do is 30 days prior to it expiring, we talk to the applicant and let them know
that we need to bring this back before the City Council.
Blackowiak: Before the one year anniversary?
A1-Jaff.' Correct. Okay. Well then maybe could we please add some language at the end, after an
extension is requested in writing by the subdivider and granted by the City Council prior to the one year
anniversary date of preliminary plat approval. So we really specify that they've got that one year and if
they don't act within that one year, either to do something or to request an extension, that it becomes
void. Okay, Section 18-42. Questions? Okay, Article HI. Section 18-56. Section 18-57.
Sacchet: Now we're getting into it.
Planning Commission Meeting - June 19, 2001
Sidney: It includes the flag lots? I believe it does.
Blackowiak: It does.
Sidney: Madam Chair, one question for staff about that? And we went over this many times about
adding the criteria on variance section blah, blah, blah should be met. Now would it be appropriate to list
the criteria for a variance at this point or do you always refer back?
AI-Jaff.' We always refer back to that section.
Sidney: Okay. I guess I'm just concerned that if, like individual property owners you know would turn
to this. It might be good to write here.
Al4aff: Repeat?
Sidney: Repeat the variance language.
Al~Jaff: We hope that they would meet with us prior to such application coming forward. It is a
requirement of the ordinance, and that would be the time to.
Sidney: To go through the requirements.
AI-Jaff: Go through all of that.
Sidney: Okay.
Blackowiak: Any other questions? No? Uli.
Sacchet: Yes I have a few things too. First I want to clarify that in section (o), private streets may be
permitted in business, industrial, office, R-8, R-12 and R-16. So they don't need a variance there?
AI-Jaff: They don't need a variance, no.
Sacchet: But then the continuation is we crossed out the other districts but then we say districts might be
served by the private street. I think we have a little bit of a language issue there, don't we? We have
twice with may and twice words but only one sentence. See what I mean Sharmin? Private streets may
be permitted in business, industrial districts.
A14aff: Yes.
Sacchet: May be served, and I think the language. I don't know whether, I'm not a native English
speaker but it seems like English doesn't quite work in there.
A1-Jaff: Okay. I think we need to take and R-16 districts. Private streets may be permitted in business,
industrial, office, R-8, R-12, and R-16 districts.
Sacchet: Period?
A1-Jaff: Yes.
Planning Commission Meeting - June 19, 2001
Sacchet: And cross out the rest? Or do we want to say, if the city finds...
AI-Jaff: If the city finds, so we're taking out may be served by.
Sacchet: Okay, by private street because we already said. So we said private streets may be permitted in
business, industrial, office, R-8, R-12, and R-16 districts if the city finds the following conditions to
exist.
AI-Jaff: That's correct.
Sacchet: Okay that' s, I wanted to clarify that. And then I'm so happy to have number 6. That added
thing in there about specific building orientation, increased setback. That was really one of the key
things I believe that we're shooting for for this whole year. Now in letter (q), that's really the heart of
this here. We're talking about flag lots or private streets, should that be plural? Is there an s missing or
should we just say a private street?
A1-Jaff: Yes.
Sacchet: We want the s?
A1-Jaff: Yes you do. Q?
Sacchet: In (q).
AI-Jaff: Flag lots or private streets.
Sacchet: Okay. And then you already said that by referring back to Section 18-22, if the criteria in there
on Section 18-22 is met, criteria is plural. It probably should say are met. I didn't even notice that until
now so excuse me. So that is, I bring in where the variance is and I think LuAnn your comment was
certainly appropriate. But then on the other hand, 18-22 is not that far away for people to look it up. My
concern was just to make sure that it's clearly anchored in that the variance is needed. Now I'd like to
ask, that's sort of my key question here. Why did we put the private street and the flag lot together? I
think up til the last meeting where we worked through this, we already had it on two separate tracks like
parallel so to speak. And here we merge it together and I'd like to know why. What is the benefit or
what's the process that led to merging the two into one thing?
Al-Jaff.' Two things. Number one, the criteria for flag lots, as well as private streets is identical.
Sacchet: One doesn't go without the other basically?
^l-Jaff: No. They have to meet the same criteria. 1 through 3.
Sacchet: Because one could go without the other?
AI-Jaff: One could go without the other, absolutely.
Sacchet: Actually in your example you have the flag lot, which I believe was a driveway. Not a private
street.
Planning Commission Meeting - June 19, 2001
A1-Jaff: Correct. With a flag lot you're only serving one parcel only.
Sacchet: Right, right.
A1-Jaff: That has a neck to a public street.
Sacchet: So we're saying because it has the same requirements...
A1-Jaff: We put them together and we wanted to make sure that both of them go under the variance
procedure.
Sacchet: Let me take it one step further, and that should answer my question. Because when we look at
the following condition exists as required, you have those three conditions. It appears to me only number
3 applies to flag lots specifically. If we look at the prevailing development pattern makes it unfeasible
and inappropriate to construct a public. That should say public...cross out private. We don't want
private in there, do we? That's another thing I wondered. On the condition 1 Sharmin. It's unfeasible
and inappropriate to construct a public street, then we allow a private street? Or are we saying
public/private street really clash of images?
Saam: If I could. It also applies to flag lots though. I think so you could have possibly a private street
where a flag lot comes off of that.
A14aff: Well we haven't had such, I can't think of such a scenario.
Saam: Yeah. I'm just Saying though, you could have that so then you may need to keep that private in
there. At least that's the way I read it.
Sacchet: Public/private street. I don't think we have defined.
Blackowiak: Maybe an or instead of the slash.
Sacchet: I think the, yeah that maybe should say or. Sorry I'm picky here but this is the time to try to get
clear about these things. Okay. To construct a public or private street. The prevailing development
pattern makes it unfeasible or inappropriate to construct a public or private street. In making this
determination the city may consider location of existing property lines, homes, local or geographic
condition and the existence of wetlands. So this applies, does this apply to both flag lots and private
streets?
Aldaff: It should.
Sacchet: It actually does. Once we untangle that public/private, it does apply to both, okay.
A1-Jaff: Correct.
Sacchet: I'm happy with that one. Number 2. After reviewing the surrounding area, bear with me
please. It is concluded that an extension of the public or private street system is not required to serve the
other houses in the area~ improve access.
Planning Commission Meeting - June 19, 2001
A1-Jaff: This one means you don't automatically get a flag lot. That you need to investigate the other
options which include public street, private street. Your third option is.
Sacchet: So it does address both, okay.
A1-Jaff: Correct.
Sacchet: Okay. Alright. Now that answers my question really well. And then of course the last one
addresses both and that's clear. Good, thank you. Thanks for bearing with me.
Blackowiak: Okay. Rich, any comments or questions? No. I have just a little question here Sham.
Uli started with Section (o)1, 2 and 3 and you struck out the up to the 4 lots in the A-2, RR, RSF, and R4
districts. Then we go back to a number 1 and we're bringing those districts back in. I'm not quite
following. I need a little help here.
A1-Jaff: We're allowing.
Blackowiak: We're allowing them in business, industrial, etc.
AI-Jaff: Without a variance.
Blackowiak: Without a variance. Okay, and then we get down to the number 1. Do we need to talk
about when they're allowed in these A-2, RR, RSF, and R-4 districts or how do we get there from?
AI-Jaff: In number, I-see.
Sacchet: It's the second number 1.
Blackowiak: Right. The second number 1. Almost the middle of the page.
Al4aff: Soit's sequencing?
Blackowiak: I think so. I'm not quite sure. I was just a little confused because it above in the letter (o) it
struck out those specific districts and then in the number 1 below that, the second number 1 below that it
added them back and I'm just kind of curious, do we need to explain why they're back there? And I
don't have an answer for that. It's more of a question then an answer or a comment.
AI-Jaff: These are the specifications for a private driveway.
Blackowiak: Where we need to say that they would be possible in these districts with a variance or, I
mean what do we need to say because it just doesn't flow well to me. And I guess I don't need to belabor
it tight now but maybe some word smithing between the time that we see it and it goes to council. Uli,
do you have a suggestion?
Sacchet: Yes, but go ahead Sharmin. Do you have something?
Al-Jaff.' I was going to suggest that you add it under (q) that they would meet the specifications outlined
in.
Planning Commission Meeting - June 19, 2001
Sacchet: That's what I was going to say. I mean since the letter (o) does not relate anymore to this
districts, while (q) does. It should be going under (q).
Blackowiak: Okay, I'm happy with that. I just want to make sure that we're kind of tying it all together.
A1-Jaff: We can do that.
Blackowiak: Okay, thank you. Alright, any more comments or questions on Section 18-577 If not, we'll
move onto 18-58. Alleys. 18-59. Blocks.
Sacchet: Are we at 60?
Blackowiak: Right now. 18-60.
Sacchet: Yes. (a). Lower case a. All lots shall abut for their full required minimum frontage on a
publicly dedicated street as required by the zoning ordinance or be accessed. Should there be a be in
there? Or be accessed via private street or flag lot which shall have minimum. I think the be is missing.
Instead of that crossed out on. Does that make sense? Is that English?
Blackowiak: All lots shall abut their full required minimum frontage on a publicly dedicated street as
required by the zoning ordinance or on a private. Well.
Sacchet: Or be accessed.
Blackowiak: yOu could say or be accessed or you could even take accessed via out of there and say or
on, just how it was kind of. Or on a public...full required minimum frontage, whether it be a private
street or public street. Correct? That's what we're looking for.
Sacchet: Right, and they need to be accessed or it's one of the options they be accessed via a private
street.
Blackowiak: Right. Okay. Well Sharmin we can kind of, Section (a) just clarify in some way, shape or
form, all lots shall abut their full required minimum frontage on a publicly dedicated street as required by
the zoning ordinance.
Sidney: Or on a private street.
Blackowiak: Or on a private street, because that's, to me that makes a little more sense.
Sacchet: If you go back to all lots shall, number 1... Number 2, be accessed via. I mean if you go
linguistically, it all goes back to the all lots shall.
A1-Jaff: May I point something out?
Blackowiak: Please.
A1-Jaff: This parcel. Here is your property line. Here is the front property line on this parcel. It is not
on.
Planning Commission Meeting - June 19, 2001
Blackowiak: The private street, yeah.
Al-Jaff: ...via.
Blackowiak: The private drive.
Al-Jaff: Correct.
Sacchet: Let's say be accessed then. Not on. Yeah, that's a good reason why not to say on.
Blackowiak: I agree. I'm convinced.
Sacchet: So we add the word be. Be accessed.
Blackowiak: Okay. I'm happy. Any other questions on 18-607 I have one. The lot remnants. Could
we further define that? I mean a lot remnant is what? I mean just a little.
Al-Jaff.' You'll see a.
Blackowiak: An outlot or what?
..
AI-Jaff: Let me use the, the road came through. Now granted, these are substantially larger than,'this is a
hkly small scale.
Blackowiak: Right.
A1-Jaff: But if it would have created a parcel that was 100 feet long and 20 feet deep, it doesn't meet any
of the standards of the ordinance. It's unbuildable. I would consider that to be a remnant lot.
Blackowiak: Okay. Well maybe we could just, remnants that are.
Sidney: Remnant lots are prohibited.
Blackowiak: Remnant lots? Yeah, remnant lots. Yeah, just switch them around. That's good. 'Remnant
lots. Okay, that's simple enough.
Sacchet: Should we say unusable remnant lots? I mean do you want to validate... ?
Blackowiak: I think by definition a remnant lot is unusable.
Sacchet: Okay, because I was thinking if you have a development of lots and then all except one, that' s a
lot.
Blackowiak: Not if, not if it's platted as a lot. It would be.
Sacchet: It's the one that remains. Remnant lot. I mean it's logical thinking. That's why I'm saying, if
we imply it's unusable, maybe it'd help to be...
Blackowiak: But the owner would still own it, or the developer would still own it. I don't know.
Planning Commission Meeting- June 19, 2001
Sacchet: It doesn't make that much of a difference. I think if we want to be real clear.
Blackowiak: Well think about it Sharmin. Come to a decision before City Council. Decide if you want
to deal with that or not. Okay. 18-61. Landscaping and tree preservation requirements. Do you have
any comments on 18-61 ? I have one little comment on number 7 near the end. It talks about
conservation easements. Generally Sharmin, conservation easements are recorded.
A1-Jaff: Again the property.
Blackowiak: Again the property. Do we need to mention that? I mean maybe just say that they should
be recorded? I mean I guess as a matter of course they are. Is that, is it information that would be
helpful? I don't know. I don't have an answer to that. I'm just kind of throwing.
A1Uaff: I'm reading it but.
Saam: Madam Chair, if I could just add typically easements are recorded so in my mind by definition an
easement is recorded.
Blackowiak: It's just redundant?
Saam: Yeah.
Blackowiak: Okay, that's fine. I'm fine with that. Ijust wanted to make sure that I was looking into
that. Rich, did you have a question on this section?
Slagle: Yeah, on 61.
Sacchet: Which one?
Slagle: 18-61. Are we on 61 yet?
Blackowiak: Yes we are.
Slagle: Okay. All the way to the very end, 11. Financial guarantees acceptable to the city shall be
required, and I don't know if this area, this sub-point talks to the concern that I know I've addressed.
Uli's addressed. Craig's addressed, is to how do we guarantee that people adhere to for any damage to
trees to whatever, natural resources and I guess my question is, what is an acceptable financial
guarantee? I mean what is the folks, the one right next to the church. The old church. What are they
putting down as a financial guarantee that those large trees will not be damaged? Is it 50 bucks? Is it
1,0007
AI-Jaff: We receive a bid from the contractor and then we take 110% of whatever that value is.
Slagle: So additional 10% to protect. Okay.
AI-Jaff: Correct. And if the requirement is to preserve trees before any grading takes place, we require
the fencing to go up. Jill Sinclair, our City Forester would go out there. Make sure that all the trees that
are supposed to be saved are tagged and fenced.
Planning Commission Meeting - June 19, 2001
Slagle: Well let me ask this. One of my first meetings, and Matt I think you addressed it, we voted on
what to provide as an escrow or protective amount and we ended up with a minimum, and I apologize for
not remembering what it was, but is that what we're talking about here or is that a totally separate, in
essence an escrow account?
Saam: That was by definition for erosion control. Sometimes those areas cross together when you're
talking slopes, trees. You know we want silt fence around the trees so little bit of a gray area but we do
have, I think what Sharmin was referring to was landscape escrows. That' s just for trees so.
A1-Jaff: It's been a while since I looked at the figures but typically it's approximately $250 for a tree.
And then you take that at 110%.
Slagle: Okay. So, I mean if I can summarize and what I think I hear is $250. 110% so 275.
AI-Jaff: Per tree.
Slagle: Per tree.
A1-Jaf-f: And it depends on .the species of the tree as well.
Slagle: Sure. And 275 will get you in essence a starter tree.
Al-Jaff: Correct.
Slagle: Okay. So in essence you know one of these 30 some inch trees that we talked about preserving
could unfortunately get damaged, die and what will replace it will be a starter tree. In essence. Worst
case scenario.
Al4aff: If it's a 30 inch that was proposed to be saved, then you replace it with 30 inch calipers, 2 V2
inch minimum each so you will have 30 divided by 2 V2.
Slagle: Okay. And the feeling is we're pretty tight on that? Okay.
A1-Jaff: It's been working.
Slagle: Fair enough. Okay.
Blackowiak: Okay. Any more on 18-617 Let's go to 18-62. 18-63. Surface water management. I have
one comment on the second page on the right hand page Sharmin. Second line down. Subdivision will
be given a credit for any on-site storm. That should be two words.
AI-Jaff: Yes.
Blackowiak: Just clean it up a little bit. 18-76. Any questions? Easements. This is Article IV. 18-77.
18-78. Okay, 18-79. Parkland dedication requirements. Okay Sharmin, I have a question on that. On
the second page there' s a table of the calculations. The population calculations. I remember Kate saying
that the 2000 census numbers came in and she was really surprised by some of the numbers that she had
Planning Commission Meeting - June 19, 2001
seen. Based on those numbers and that information, are we comfortable with the numbers that we have
in here or should we be updating those as well?
A1-Jaff.' Single family was at.
Blackowiak: 3.7 or something like that.
Slagle: I thought it was higher.
Blackowiak: Yeah, I remember them being a little higher so I'm just wondering if we shouldn't be, you
know if it's 3.7, 7.4, you know what I mean? Whatever it is. I think we should look into at least
adjusting this for a current census data.
Al-Jarl: I will make a point.
Blackowiak: I mean since we're going through this.
A1-Jaff: I will make a point of that.
Blackowiak: Okay, thank you. Okay, that's my comment for 18-79. Now we're into Section 20.
AI-Jaff: And before you go over Section 20. Everybody got a copy of.
Blackowiak: Adding the (q).
AI-Jaff: Again with Section 20, there was no definition of boulevard yet it' s a term that' s used in the
zoning ordinance. Clarifying the meaning of driveway. The only addition that you received to date was
street. The definition of street.
Blackowiak: And I guess Sharmin we could add occupied by a roadway or whatever that verbiage was.
AI-Jaff: Yes.
Blackowiak: From the earlier section. Thank you.
AI-Jaff: And then Section.
Blackowiak: Section 20-1103, which refers back to the requirements.
A1-Jaff: Of the variance.
Blackowiak: Right, okay. Okay, any questions on those?
Sacchet: Yeah. On the definition of the setback.
A1-Jaff: Yes.
Sacchet: Setback means the minimum horizontal distance between a structure and the nearest property
line or right-of-way.
Planning Commission Meeting - June 19, 2001
A1-Jaff: And I have an answer for you.
Sacchet: And within shoreland areas. I'm still thrown by that within shoreline areas. I know there are
setbacks within the shoreline area but the way it's worded here is, I felt very.
AI-Jaff: Okay, within shoreland areas comma, and put in a small s for setback.
Sacchet: Comma setbacks.
A1-Jaff: So and, within shoreland areas setbacks also means the minimum horizontal distance between a
structure or sanitary facility and the OHW.
Sacchet: Okay. That does make sense. Excellent. I love it. Thanks Sharmin.
Slagle: You thought you had her, didn't you?
Al-Jaff: He did have me when he called.
Sacchet: I gave her forewarning of this one. Good job.
Blackowiak: Okay, any other questions or comments on this. section? Okay, well. As I said I will open
this item up for comments. So if you'd like to come up and comment on any of these fun and exciting
amendments to Chapters 18 and 20, please feel free to do so. I would just ask that you state your name
and address for the record and if you could go through numerically, similar to what we did, that would be
very helpful for us to follow. So if anybody would like to make any comments.
Teresa Meier: I'm Teresa Meier and I'm at 1060 Lake Lucy Road. I want to go back to, let's see. It is
18-57. And it goes back to the (q) which I know was brought up before with flag lots or private streets.
If you read it and you read the conditions below, I think you would want to take the private street out
because if you say flag lots or private streets serving up to 4 lots may be permitted if the criteria on
Variance 18-22 are met and if the city finds the following conditions, the prevailing development pattern
makes it unfeasible or inappropriate to construct a public street. I don't know why, if you put private
street you're really being redundant there because you're saying that you're private flag lot or private
street may be permitted if the development pattern is unfeasible to construct a public street. But then
you're using private in there again. See what I'm trying to say?
Blackowiak: Yeah I think, I understand what you're saying. Sharmin, is this the discussion about the
driveway. The private drive versus private street or what are we, when we're talking.
Teresa Meier: Private streets on the top and in that condition.
Blackowiak: Right. No, I understand that. What do you think Sharmin?
AI-Jaff: I know why it's there. Your first option is a public street. Second option is a private street.
Your third option is a flag lot.
Planning Commission Meeting - June 19, 2001
Blackowiak: Okay, I understand what you're saying too. So then maybe in (q) we need to separate flag
lots and private streets. And I'm not sure, you know what I'm saying. Just to take that private street out
of there.
Sacchet: I personally think it would be safer to have it separate, the flag lot from the private street. Just
avoid this type of confusion.
Blackowiak: In other words, let me just offer a suggestion. Read, flag lots may be permitted in the A-2,
RSF, blah, blah, blah district, if the city finds the following conditions exist, 1, 2 and 3. Leave those as it
is and then maybe add a condition R. Private streets serving up to 4 lots may be permitted in the A-2,
RR, RSF, etc. And then in condition 1, take out the word private. So in other words, then we have
conditions 1, 2 and 3 but then condition 1 would read only, the prevailing development pattern makes it
unfeasible or inappropriate to construct a public street. So in other words flag lots is addressing both the
public and private street issue, whereas the private street is only addressed by the public street issue.
Does that make sense?
Sacchet: The same would hold true for number 2, because there we also say private or.
Blackowiak: Or public.
Sacchet: So the private would come up there as well.
Blackowiak: Okay, so then when we talk about flag lots we talk about public and private streets. And
then when we go to condition, what would be condition r or Section r, we would talk about private streets
serving up to 4 lots. The same 3 sub-conditions, 1, 2 and 3 but take out the mention of private streets on
those 3. Would that all mesh together? Is that what you're trying to get at? Okay.
Teresa Meier: Yeah.
Sacchet: It applies to number 3 also. It applies to all 3 of them, yeah.
Teresa Meier: Okay, so we just have to take out the private street mention when we talk about private
streets but if we just kept r separate and broke it out, I think that's what you were talking about earlier.
Sacchet: Right. I prefer to go that route. That's why I was trying to understand why staff in discussion
with the attorney found it beneficial to merge them. I personally think it'd be better to keep them
separate.
A1-Jaff: Okay. We can do that.
Blackowiak: Okay, great. Good comment. Anything else?
Teresa Meier: No.
Blackowiak: No? Okay. Debbie.
Debbie Lloyd: Hi. My name's Debbie Lloyd. I live at 7302 Laredo Drive, and just first off I want to say
I'm really disappointed I didn't have a chance to review this until I walked in here tonight. I couldn't,
unless I missed something and the Paulsen's missed something, I didn't see it published as an agenda
Planning Commission Meeting -June 19, 2001
item in the Villager for the last 2 weeks. It was also not on the web site today, and as you all know you
asked if we could review this beforehand. We've put in about a year's worth on all of this and there's
just a lot of fine detail that I can't even recollect.
Blackowiak: Yeah. Okay, just so.
Debbie Lloyd: I do know I can address it in writing but I did want to state that because I think that is a
real problem with the city is informing citizens and if we've been on top of things, and we don't even
know.
Blackowiak: Right. Well this item is not technically open for public hearing. I just thought that you
know I would like to open it up tonight and I certainly encourage you to do any comments in writing and
also Sharmin, correct me if I'm wrong. This was in the packet that went out Thursday so it would have
been available up in City Hall on Thursday. Okay. So this was in the packet on Thursday, which is
when we all get.
Debbie Lloyd: It wasn't noticed. There wasn't notice in the paper and as far as I know there should be
notice in the paper.
Blackowiak: Not if it's not a public hearing.
Sacchet: The agenda was published.
Blackowiak: This isn't, the agenda was published. Yeah.
_
Debbie Lloyd: Was this in the agenda?
Sacchet: Yeah I'm pretty sure.
Debbie Lloyd: Published in the paper?
Blackowiak: As far as I know. You know again.
Sacchet: I believe it was, but I'm not 100% sure. I usually look in the paper because I look there before I
get the package.
Blackowiak: Well regardless. Like I said, it was available on Thursday so if you have comments. If you
could just go through section by section.
Debbie Lloyd: Well I do have. I think we'll probably be addressing most everything in writing. Section
18-37(a). Basically you're exempting lots from having to go through the platting procedure if they're on
an existing public street or private street. That does not clarify private streets with up to 4 lots so I think
that could be misconstrued because all the way along we say there can only be a maximum of 4 lots there
by a private street. So that little clarification is not in that section.
Blackowiak: Okay, Sharmin can you look into that? Okay.
Debbie Lloyd: Your comments on 18-41 about the 30 day notification. This is just an off the wall
comment. I'm surprised the city would want to have the burden of needing to notify the citizens because
Planning Commission Meeting -June 19, 2001
that is a burden. I think the citizen should be on top of their own, what they want to do with their own
property and lot. If they brought it for approval to the city, if they' ve let it expire I think it' s their burden.
Not staff to have to follow.
Blackowiak: That' s a good point and you know I wish that everybody was really on top of things.
Sharmin, is this a state law that we're following or where did this come from? Do you know?
Sacchet: Service oriented.
A1-Jaff: It is a city ordinance.
Blackowiak: Okay. I'm just wondering if we're following state law on something or if it's just.
AI-Jaff: We don't want, what we don't want to see happen is a preliminary plat comes in. It's approved
and it sits and ordinances change and nothing happens with them without a deadline.
Blackowiak: Okay.
Debbie Lloyd: I mean there's a year deadline I believe for preliminary plat approval.
A1-Jaff: Yes.
Debbie Lloyd: Also then, Section 18-57 under (b).
Blackowiak: B as in boy?
Debbie Lloyd: Yes. We take the effort here of defining the width of the streets. Private street has a
defined width. It's 30 feet. It's a private street easement of 30 feet. There's requirements in the code, I
could dig them up but I'll just leave that as a comment.
Blackowiak: Sharmin, any comment on that?
A1-Jaff: We can add it.
Blackowiak: It could be added to the table, okay.
Debbie Lloyd: Under the same 18-57(o). I don't know if it's good to strike up to 4 lots there. That's
just only a comment because again carrying that through might be a wise thing to do.
Blackowiak: Yeah, I think this whole area has a little more word smithing to do before it reaches council
that's for sure. Sharmin, any comments?
A1-Jaff: What we did was we struck out the up to 4 lots in (o) but then we moved it actually to (q).
Blackowiak: Okay, that's right. So it has not been eliminated entirely.
Sacchet: That's where it really applies is in (q).
Blackowiak: Is in (q), okay.
Planning Commission Meeting - June 19, 2001
A1-Jaff: Correct. Because densities that are higher than R-4.
Blackowiak: Are addressed.
A1-Jaff: Are addressed and there are more than 4 units being served via a driveway.
Sacchet: It's a different.
A1-Jaff: It just has different classifications.
Debbie Lloyd: I'm mostly concerned about the RSF.
A1-Jaff: And that is under (q).
Blackowiak: Under (q), okay. Thanks Sharmin.
A1-Jaff.' Sure.
Debbie Lloyd: I have a problem with 18-60(a). The original intent of private streets, and I can provide
all the lingo back years from when it was approved by Planning Commission and City Council, was not
to create the opportunity for anyone to just cut a driveway through their neighbor's lot. Now if there's a
30 foot width, 30 foot easement or right-of-way that helps with the setback, and that' s really one of our
concerns because you could have indiscriminate driveways, as you'd call them, going through parcels of
land and I think we're going to have to write that up a little bit more.
Blackowiak: Okay.
Debbie Lloyd: Indeed this could be a flag lot ideally.
Blackowiak: Could you flip it up the other way. There we go. Now which one are you referring to?
Sacchet: The one with the long driveway?
Debbie Lloyd: This is a private street easement as it would be called...or a private drive or a driveway.
In order to subdivide the original intent was, there has to be, it has to be, each lot has to meet the
minimum frontage requirement. Like you said before, 30 feet is the minimum would be a flag lot and
that was designed originally a private street. If you go back to 1990, that' s what the council at that time
approved as a quote, "private street". I have to tell you that we researched how many private streets there
actually are. There were like 4 private residential streets I think that were approved that were never even
built on. Most of the private streets, if you look on the city plats, are not really RSF private streets.
They're in PUD's and I think that's very different than RSF situation.
Sacchet: Just to clarify the example you showed on the drawing Debbie. Basically what were you trying
to show Sharmin, the idea of flag lot versus having just an easement to get across, because I know there
are situations where people just have an easement and not necessarily own the land, but the have a right-
of-way easement.
Al-Jaff: State law permits them. We want to stay consistent with the state law.
Planning Commission Meeting - June 19, 2001
Sacchet: So it's anchored beyond our grasp. Our reach anyhow, okay.
Debbie Lloyd: But in order to subdivide you have to have a minimum requirement of frontage. So that' s
where it gets sticky.
Sacchet: Right, right.
Debbie Lloyd: I think there was one other little, yeah back to Section 20-1. Definitions. Lot line means
a line of record bounding a lot which divides one lot from another from a roadway right-of-way or other
public space. I had a big question there. I can't, I know in my mind it's pertaining to setback.
Blackowiak: Or even, roadway right-of-way or other lot. I mean it maybe needs to be expanded a little
bit because those aren't the only two possible dividing roadway and public space are not the only two
possible neighbors for a lot let's say. We could have another lot. We could have a private space that
isn't, you know what I'm saying? Yeah, so I agree. We need to maybe expand that just a little bit
Sharmin to.
A1-Jaff: If you look at the definition of lot, because...we decided to leave it as is.
Blackowiak: To leave it separate because you've expanded in the definition of lot.
A1-Jaff: Because definition of lot, plats, metes and bounds, subdivision, occupied or intended to be
occupied by a principle building, group of such buildings, accessory buildings. It really covers.
Blackowiak: Okay. S° then you're comfortable just leaving it there because it's defined right above?
A1-Jaff: Correct.
Blackowiak: Okay. I understand.
Sacchet: Understand Debbie?
Debbie Lloyd: Yeah. Okay, that's it. Thank you very much. I know you're tired...
Sacchet Thank you Debbie.
Blackowiak: Rich, did you have a comment?
Slagle: Yeah, and I can address them Debbie as you sit down. First of all it was, Debbie, in the paper.
Upper left page 10, so I just wanted to let you know but my point of making a comment is this.
Wonderful job on this, and I know time and effort plus, plus, plus has been put into this. But I have to
share to the city staff as a whole my disappointment in what appears to be some serious and sincere
efforts by residents who are our customers, point blank. That is who we serve and to hear with their
energy and their time they' ve put into this and I'll be honest, more well versed than I on this commission,
and to hear that we didn't even invite them to participate from a month or two ago when I asked that they
be involved. I know they gave input, and I would just think we would look at them as an additional
resource to further assist us. Now I know that they're not the ones to make these decisions. That's our
role and the council's, but I would just again ask for your consideration that they be brought in, in some
Planning Commission Meeting - June 19, 2001
form of discussion because we've already come up with 3 or 4 points that are raised that at least raise a
question for us that we're not directing back to staff and I hope it's nothing that they're doing that's
causing us not to seek their input. And again I just, this time I really want to strongly ask that we seek
their input. Why not? So, that's all I wanted to say.
Blackowiak: And I think we did a really good job of going through this tonight, because it was pretty,
not the most scintillating reading at times but it is nice to go through and get comments and that's one
reason I wanted to make sure we opened it up for public hearing tonight. And also you know written
comments are always appreciated and I think that's maybe even more appropriate than specific meetings
which are often not well attended. And then we get charged with not including people and those types of
things but I mean written comments I think are always a very good way and it's easy to refer and you've
got your comments and if we can go down section by section, I think it really makes it easier and very
helpful for all of us because this is not a very easy thing to go through. Not terribly exciting at times.
Anyway, I think what we need to do is, do we need, we don't need to make a motion do we?
Sacchet: I think we do need to make a motion.
Blackowiak: Do we need to make a motion?
Sacchet: I'm anxious to make a motion.
Blackowiak: With comments and changes and public input and then any other written comments that
may come in, you know and just kind of send that all to council.
Sacchet: Do you want me to comment on this?
Blackowiak: Sure, go ahead.
Sacchet: I mean I was prepared last time when this came up just for our information, I felt very clear that
I would like to pass this through to council so we have something in place for the flag lot and private
street aspect. And really the heart of that is two things. One is that we are requiring a variance for flag
lots and private streets. We are requiring a variance. And then the other thing is that we specify what
type of conditions that could possibly be attached, which we expressed by saying specific building
orientation, increased setbacks, so we set an expectation of what we would possibly attach as conditions.
That's at the heart of it. But in order to put that in place, I was told at the previous meeting that we have
to have all the definitions lined up. I do believe that we lined up our definitions very well. I think it's a
tremendous job and it was done in very short time. I think it's extremely commendable. I believe that
it's very appropriate to make a motion to pass the heart of what we were trying to accomplish, and at the
same time we accomplished a ton more. We put definitions in place. We lined up some of the wordings
and some of the way this is understood in the rest of the context. And I certainly invite, if there are
residents that have comments to make, to make those in writing and I do regret that you didn't have a
chance to look at that a little bit beforehand. That is unfortunate. But I do believe that a lot of what we
see in front of us is a direct result of your input Debbie and the Paulsen' s and I think you have been
heard. It's unfortunate that in this last stage you weren't included a little more proactively. I regret that
personally but I'm sure you have a chance to give your input still in writing into this process as it is going
onto council. And I do think we would want to make a motion from the Planning Commission to pass it
on as we discussed tonight with emphasis on those points that we want a variance as private.
Blackowiak: Well be my guest.
Planning Commission Meeting- June 19, 2001
Sacchet: So yes. So my motion, if you want me to make a motion, I do make a motion.
Slagle: Now you know you can, if I can just point of clarification. From what we learned by the City
Council, you can make a motion as discussed tonight, as included in here and that really is it.
Sacchet: That's it.
Slagle: That's right.
Sacchet: That' s it. I mean the motion basically that we recommend approval of the attached
amendments to Chapter 18 and 20 as shown in the report and as further discussed tonight with, and I
would like to say with emphasis of introducing the variance procedure to the flag lot and private street
environment, and by defining or giving the indication what type of conditions could be attached, because
that' s at the heart of it. That' s my motion.
Blackowiak: Alrighty. And do we have a second?
Slagle: Second.
Blackowiak: Okay, it's been and seconded.
Sacchet moved, Slagle seconded that the Planning Commission of the attached amendments to
Chapter 18 and 20 as shown in the report and as further discussed, with emphasis on introducing
the variance procedure to the flag lot and private street by defining or giving the indication of
what type of conditions could be attached. All voted in favor and the motion carried unanimously
4to0.
Blackowiak: This goes to City Council what date Sharmin? Do you have a date for this yet or not?
A1-Jaff: I shall do my best.
Blackowiak: Okay, but it will be in the paper like it was last time?
A1-Jaff: It will be in the paper. Bear in mind that what I'm working on now is going through the rest of
the chapters, so at that point 20 chapters will go before the City Council. Kate and I talked about it,
whether we should have a work session with them first because.
Blackowiak: That would probably be really good to get them up to speed because this is something that
unless you spend a lot of time looking at it, it's very formidable.
AI-Jaff: Yes.
Blackowiak: Okay. So you'll just keep us apprised of when it's going to council and we would
appreciate that I think. Alright.
APPROVAL OF MINUTES: LuAnn Sidney noted the Minutes of the Planning Commission meeting
dated June 5,2001 as presented.