1m. Zoning Ordinance regarding recreational beachlots 3
CITYOF
CHANHASSEN
•
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
' Action by City A.117iT ust•a"or
Endors_ ✓_ 1
Moci`i � ur a
MEMORANDUM
Rejecter _
TO: Don Ashworth, City Manager Date ��
' FROM: Jo Ann Olsen, Senior Planner _R_
Date
DATE: February 21, 1990
SUBJ: Second and Final Reading for a Zoning Ordinance Amendment
Regarding Recreational Beachlots
On February 12, 1990, the City Council approved the first reading
' of the amendments to the recreational beachlot ordinance
(Attachment #1) . Attached is the ordinance for second and final
reading (Attachment #2) .
Recommendation
Staff recommends that the City Council approve second and final
' reading of amendments to Section 20-263( 7 & 13 ) of the
Recreational Beachlot Ordinance.
Attachments
1. City Council minutes dated February 12, 1990.
2. Zoning Ordinance Amendment.
1
I
I
I
I
I
City Council Meeting - February 12; 1990
•
•
I , Gary Warren: The only loop that I recall is somewhat to what was proposed here
is that the road pattern through the cutting, transversing through the 80 acres,
if you would keep Tanadoona in place. That really wasn't attractive because of
the camp property and the difficulty in passing on assessments for that road
improvement.
Councilman Boyt: Now what I see here is alternative D, exhibit 6. I don't know
if you have a graphic of that but it shows Tanadoona crossed out.
Councilman Johnson: We made two slightly shorter cul-de-sacs off the end.
' Councilman Boyt: Right, a T.
Gary Warren: Right. That was as close as you get I think to the loop.
Councilman Johnson: That's still undeveloped to the 80 acres. That 80 acres
'
develop,
er roads 9 that..�nd a ray connect to other
through there.r�They id't lookrat what
be other roads of
the ultimate development would be. They only looked at the short term in this
study.
Councilman Workman: I don't know if this makes anybody happy but I think
there's sufficient confusion that we might want to table this. I know there's
I people who are intending to buy a lot and the lot hinging on that. I don't know
that we want to make an eleventh hour decision on this this evening because
there's quite a bit in the balance for individuals. Why don't we work with
staff. I know this packet was extra big and it wasn't fun. This is number 9
I but I think we should maybe move a little bit slower about the potential for
future movement to Crimson before we just kind of shoot it here.
Councilman Boyt: I would second that.
Mayor Comiel: Yeah. It's been moved and seconded to have staff review and come
up with sore more conclusions.
Councilman Workman moved, Oouncilman Boyt seconded to table action on
I Preliminary Plat #89-11 to subdivide 20.9 acres into two single family lots
for Peter and Deanna Brandt. All voted in favor and the motion carried.
' ZONING ORDINANCE AMENDMENT TO MODIFY THE RECREATIONAL BEACHLOT ORDINANCE TO
CLARIFY LOT DEPTH REQUIREMENTS, FIRST READING.
Councilwoman Dimler: I move item 11.
Councilman Johnson: Second.
IMayor andel: It's been moved and seconded. All those in favor.
Councilman Boyt: Whoa!
69
City Oouncil Meeting - February 12, 1990
II
Mayor Chr iel: Discussion? You have something to say Bill? I thought I'd get 11
it past you without a word.
Councilrran Boyt: Yeah, well I guess I'm going to have to go fromtremory since I
don't see my notes but there was a couple things that I think deserve a little
comment. One of them is, Steve Bm:mings did a terrific job. Let re borrow yours
for a second, in rewriting this thing. There was, if I can find it and that was
one of the, I don't know about you but I had a hard time finding the ordinance
in the pack. It wasn't front page where it normally is. It's back in here and
there was just.
Oourciltran Johnson: Yeah, it was Attachment 7. '
Councilman Boyt: Is it after all those Minutes?
Councilwoman Limier: Yeah.
Councilrman Boyt: that I really like about this is the flexibility in it. It's
really going to depend upon, it's going to be as good as we rake it. If we let
some things fall through here that could, but right now we've got a great
ordinance in which to work with and apparently you all did too the way you were
going there. How are we going to enforce it is the question I have? Will we be
willing to pull the permit if somebody who, because there's a lot of stuff in
here about maintenance. It's going to take some inspection. Somebody doesn't
do it, are we going to pull their beachlot permit?
Councilwoman Diirler: I think like we do now. If we get a complaint. I'm not
sure that we're going to go all out.
Jo Ann Olsen: Complaints will be, they're all conditional use permits so they
all have an annual review. We usually don't revoke. We usually try to work
with them and let them know what they aren't ireeting and have them. If they
don't conform after a long period of titre, yes we do bring it back in front of
the (bwril.
C unciltran Boyt: I would suggest a nit picky point but maybe one worth putting ,
in. 13(c) where it says planting of trees and shrubs. I think we want to put
in planting and maintenance. We talk about maintenance of their structures
but I also think there's a maintenance factor in trees and shrubs. I'd like to
see that added to (c). I think we should stop the last paragraph of the
ordinance. It says if the City finds it necessary based upon conflicts and so
on and so on. I think we should put a period after, to the extent feasible the
City ray impose such conditions even after approval of the beachlot. The rest
of it's really not needed.
Councilwoman Wailer: What does the rest of it say?
Councilman Boyt: The rest of it says, if the City finds it necessary based upon
conflicts of the use of other property or failure to maintain property or
equipment. That's just a restatement of the ordinance so I think it rakes it
just a little cleaner to just drop it.
Councilwoman Dimler: I'll accept those two friendly amendments. Do you accept
those two friendly amendments?
70
City Council Meeting - February 12;i990 .. __
1
11 Councilman Johnson: Absolutely.
ICouncilan rimier moved, Councilman Johnson seconded to approve the amendment
to modify the Recreational Beachlot Ordinance to clarify lot depth requirements
as shown on Attachment 47 mending Section 20-263(13) (c) to read the planting
and maintenance of trees and shrubs; and to amend the last paragraph to read:
To the extent feasible, the City may impose such conditions even after approval
of the beachlot. All voted in favor and the motion carried.
ZONING ORDINANCE AMENDMENT FOR RSF DISTRICT STANDARDS DEALING WITH LOT FRONTAGE
AND ACCESS BY PRIVATE DRIVEWAYS, FIRST READING.
' Paul Krauss: Over the past 6 months the issue of accessing single family lots
by private driveway has been discussed on several occasions. This type of
access is currently not allowed or requires a variance on your part Which has
been granted most recently, as I recall in the Vineland Forest subdivision.
When these things had care up, staff has indicated a belief that this type of
lot may often represent the most sensitive way to develop an otherwise
' acceptable residential parcel. In discussions with the Council, staff was
directed to propose an ordinance revision that would deal with this matter
directly. We've drafted such an ordinance and basically what it does is it
allows up to 4 lots to be accessed by a private driveway. However, since it's
II our preference that lots be accessed by public right-of-way if possible, there's
a series of standards proposed. First, there is criteria outlining when a
private drive would be considered. Basically they're findings. Findings that
' the applicant would have to demonstrate to your satisfaction. Basically they
constitute a demonstration that the private drive option is the most
environmentally sensitive option in that it doesn't impact adjoining parcels or
' minimizes impact on adjoining parcels. The ordinance then outlines very
stringent standards for the construction of private drives. The standards are
particularly stringent because we believe we have to maintain a legitimate
access both for the people that live there and for the City emergency vehicles.
' Finally, recognizing that neck lots or flag lots or lots accessed by private
driveways oftentimes are different or are out of place in the neighborhood as it
develops, if you have hares lining a street, this is behind that, we wanted to
' provide sane additional protection for the adjoining properties. So we've
proposed that the 90 foot lot width be increased to 100 feet and that the 10
foot sideyard setback be increased to 20 feet. We really want to avoid
' impacting people's rear yard areas and we think that this goes a way to doing
that. The drafted ordinance would also seek to clarify lot frontage
requirements on lots fronting on cul-de-sacs and curvalinear streets. You may
recall this also came up during the Vineland Forest subdivision. The ordinance
' right now allows you to measure lot frontage at the building setback line on
cul-de-sacs. It doesn't say where on cul-de-sacs. We're proposing that it be
changed so you measure it that way on cul-de-sac bubbles or an outside curves
' along curvalinear streets where the same situation results. The Planning
Carmission reviewed the draft in January and recommended several changes. Host
noteably they requested that similar standards be allowed in the rural
residential district. The City Attorney also requested some changes and both
his and the Planning Commission changes have been incorporated. The ordinance
was drafted in consultation with the fire chief and the fire marshall and we
71
I
ORDINANCE NO. II
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 20 OF THE
ICHANHASSEN CITY CODE, THE ZONING ORDINANCE
CONCERNING RECREATIONAL BEACHLOTS
The City Council of the City of Chanhassen Ordains as II
follows:
Section 20-263 of the Chanhassen City Code is hereby amended I
to read as follows:
Intent. Based upon experience, it is recognized by the City
I
that the use of lakeshore by multiple parties may be an intensive
use of lakeshore that may present conflicts with neighboring uses
of lakeshore or the use of other lakeshore on the same lake or I
the lake itself. Further, beachlots may generate complaints if
they are not maintained to the same standards as single family
lakeshore lots. Therefore, the City requires the following con- '
ditions for recreational beachlots, in addition to such other
conditions that may be prescribed in the permit.
Section 20-263 ( 7) is amended to read as follows:
I
(7) The maximum number of docks on a recreational beachlot
is three ( 3) . No dock shall be permitted on any
II
recreational beachlot unless the beachlot meets the
following conditions:
(a) Shoreline of at least 200 feet per dock, and
I
(b) Area of at least 30,000 square feet for the first
dock and additional 20,000 square feet for each
I
additional dock.
Section 20-263 (13) is amended to read as follows:
I
(13) All recreational beachlots shall have a buffer sufficient
to insulate other property owners from beachlot activiites.
This buffer may consist of topography, streets, vegetation, I
distance (width or depth) , or other features or combinations
of features which provide a buffer. To insure appropriate
buffering, the City may impose conditions to insulate I
beachlot activiites including, but not limited to:
(a) Increased side or front yard setbacks for beach areas, I
docks, racks or other allowed recreational equipment or
activities;
(b) Hours of use;
I
(c) Planting of trees and shrubs;
R1tAcHf1etJr °2----'
(d) Erection of fences;
(e) Standards of maintenance including mowing and trim-
ming; painting and upkeep of racks, docks and other
1 equipment; disposal of trash and debris;
( f) Increased width, depth or area requirements based
upon the intensity of the use proposed or the
1 number of dwellings having rights of access.
To the extent feasible, the City may impose such conditions
1 even after approval of the beachlot if the city finds it
necessary based upon conflicts with the use of other property or
failure to maintain property or equipment.
1 SECTION 2. This ordinance shall be effective immediately
upon its passage and publication.
1 Adopted by the City Council of the City of Chanhassen this
day of , 1990.
CITY OF CHANHASSEN
1 By:
Donald J. Chmiel, Mayor
ATTEST:
Don Ashworth, City Manager
1
(Published in the Chanhassen Villager on , 1990)
1
i
1
1
1
1 -2-
1