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2 Replat OutlotD ChanLakesBusPk PRC DATE: 2-23-99 ~ CITY 0 F Pc DATE: ¢'"~ CC DATE: HOFFMAN:k STAFF REPORT Z <1::, J PROPOSAL: LOCATION: APPLICANT: Request for a Rezoning of 6.39 Acres from A-2, Agricultural Estate to RSF, Residential Single Family; Preliminary' Plat of 6.39 Acres into 10 Single Family Lots and 10utlot; a Conditional Use Permit to Permit Developing in the Bluff Creek Overlay District; and Vacation of a Portion of Drainage and Utility Easement; Lynmore Subdivision East of Galpin Boulevard and North of Stone Creek Subdivision Dave Moore Edina Reahy 7812 Market Blvd. Charthassen, MN 55.317 Itl PRESENT ZONING: A-2, Agricultural Estate ADJACENT ZONING AND LAND USE: N: RSF, Residential Single Family S: RSF, Residential Single Family E: Stone Creek Park W: Galpin Boulevard COMPREHENSIVE PARK PLAN: Lots 7, 8, 9, and 10 all lie wholly within the primary Bluff Creek Preservation zone and are in violation of the Bluff Creek Overlay ordinance (see attached documents). COMPREHENSIVE TRAIL PLAN: The proposed Bridal Creek Court connects directly to Galpin Boulevard which contains a north/south leg of the City's Comprehensive Trail Plan. RECOMMENDATION: It is recommended that the Park & Recreation Commission recommend denial of this application based on the finding that it does not meet the requirement, s of the Bluff Creek Overlay ordinance. \kcfs I \vol2\park\th\lynmore.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 286 AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING AND SUBDIVISION ORDINANCES, ESTABLISHING THE BLUFF CREEK OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Section 18-40 (2) of the Chanhassen City Code is amended by adding subparagraph k. to read: ko 'Within the Bluff Creek Overlay (BCd) District, the application shall also include: 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 the Charthassen City Code including lands lying in the Primary and Secondary Zone, Calculation of allowable density shall specifically excit::dc lands classified as bluffs, flood plains and designated wetlarAs~ Calculation of allowable impervious cover may include biafl~ and flood plains but shall specifically exclude designated wetlands. SECTION 2. Section 18-64 of the Chanhassen City Code is amended by adding the a paragraph to read: Within the BCd District, meet the additional purpose, intent and standards of the BCd District. SECTION 3. Section 20-1 of the Chanhassen City Code is amended by adding the following definitions: Cluster Development means a pattern of development that arranges the layout of buildings on a compact area of the site so as to reserve a portion of the site for common open space or green space that is protected in perpetuity. Ecosystem means a community of interacting animals, plants and microorganisms and the physical and chemical environment in which they live. Natural Features Any slope (12 percent slope or greater), forested areas. Lakes, streams and wetlands, areas of unique vegetative cover, scenic views, natural habitat areas, or historic archeological areas, buildings or features. Natural Habitat Area means an area that is characterized by being primarily in a natural state, with only minor evidence of disturbance from modem human activity. Natural habitat areas may include forests, wetlands, or endangered or threatened species habitat. Primal_ Zone means the buffer zone that directly impacts Bluff Creek and/or its tributaries. The primary zone, which is generally delineated in the Bluff Creek Watershed Natural Resources Management Plan, is intended to be preserved as permanent open space. Secondary Zone means the buffer zone that contains habitat areas that are valuable to the delicate balance of the Bluff Creek ecosystem. The secondary zone, which is generally delineated in the Bluff Creek Watershed Natural Resources Management Plan, is subject to development limitations (bluffs, step slopes, wetlands etc.) in order to minimize the impact of new development on the Primary Zone. SECTION 4. Section 20-201 of the Chanhasset) Code is arnended by adding the following special district: BCO, Bluff Creek Overlay District SECTION 5. Section 20.-I 06 of' the Chanhassen Ci.ty Code is amended by adding subparagraph (7) to read: (7) Within the BCO dis~rict~ meet the additir~nal propose, intent and standards of the BCO district. SECTION 6. Section 20-109 of the Chanhassen City Code is amended by adding snbpamgraph (7) to read: {7) Within the 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. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under the Chanhassen City Code including lands lying in the Primary and Secondary Zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains mad (tesignated wetlands. Calculation of allowable impervious cover may include bluffs and flood plains but shall specifically exclude designated wetlands. 2 SECTION 7. Section 20-110 of the Chanhassen City Code is amended by adding subparagraph (8) to read: Within the BCO district, consistency with the purpose, intent and standards of the BCO district~ SECTION 8. Chapter 20 of the Chanhassen City Code is amended by adding Article to read: ARTICLE XXXI. BLUFF CREEK OVERLAY DISTRICT DIVISION 1, BCO DISTRICT Section 20 - 1460 Purpose. The Bluff Creek Watershed Area and the development within it have a major influence on environmental quality in the City and the region. Development within the corridor must be designed with utmost sensitivity to the environment and the development pattern must be of a quantity and quality other than what might occur in the absence of specific standards~ The pm-pose of the District is to: (a) Protect the Bluff Creek corridor, wetlands, bluffs, and significant stands of mature trees through the use of careful site design, protective covenants, sensitive alignment er:,~ d~sign of roadways and utilities, incorporatiot~ cff.c~atmal features, landscaping, techniqae~ ,.)u'~;,mv,! it~ the City's Surface Water Management Plat'~; ar;.d 'the practices delineated in the City':: [3es~ Management Practices Handbook~ (b) Encourage a development pattern that allows people and nature to mix sparming multiple ecosystems. Development in the corridor should be ecologically designed and built around natural features such as trees, wetlands, and bluffs o Significant natural features should impact development rather than development impacting significant natural features. The natural qmalities of the corridor should be preserved to ensure sufficient habitat area for wildlife. (c) Promote innovative development techniques such as cluster development and open space subdivisions to measurably reduce the amount of impervious cover compared to traditional development practices resulting in significant portions of a site being retained as permanent, protected open space. (d) Foster the creation of a greenway connecting Lake Minnewashta Regional Park and the Minnesota River Valley. The greenway will serve as an uninterrupted pedestrian trail, bikeway syste~ and wildlife corridor affording opportunities for recreation, education, physical :fimess ar~ non-motorized lransportation. (e) Encourage cost effective site development. Open space design practices can reduce infrastructure engineering and construction costs because of lot configurations, shortened streets, and reduced utility runs Long term cost savings can also be realized by the City of Chanhassen associated with infrastructure maintenance costs. (f) Implement the policies and recommendations found in the Bluff Creek Watershed Natural Resources Management Plan. The terms, definitions and appendices found in the Management Plan are incorporated herein. Sec. 20- 1461 Intent. The City intends that all development within the district including commercial, industrial and residential uses should blend into the natural environment while protecting Bluff Creek and sensitive land areas abutting and in the vicinity of the watercourse and its tributaries. The criteria by which new development in the district shall be judged are as follows: (a) Consistency with all provisions of the Comprehensive Plan which includes the Bluff Creek Watershed Natural Resources Management Plan, as amended from time to time; the Surface Water Management Plan; all provisions of the Zoning Ordinance and Subdivision Ordinance not specifically overridden by the provisions of this district; and all other applicable land use regulations. (b) Preservation of the natural conditions found in the Primary Zone and to the greatest extent possible, preserving significant resources and minimizing impacts in the Secondary Zone through cluster development and other practices which minimize the removal of vegetation, minimize site grading, and application of practices found in the City's Best Management Practices Handbook. (c) Creation of a suitable balance between the amount and arrangement of open space, landscaping, view protection, bluff protection, and vegetation protection and the design and function of man-made features. (d) Creation of an interconnected open space network that preserves migratory patterns for wildlife. (e) Creation of an interconnected open space network that provides recreational and educational opportunities for people. Sec. 20- 1462 District Application. The BCO district shall be applied or superimposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this ordinance. The regulations and requirements imposed by the BCO district shall be in addition to those established for districts vehlch jointly apply. Under'the joint application of the districts, the more restrictive requirements shall apply. 4 Section 20-1463 Conditional Use Permits. A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior .to the erection or alteration of any building or land within the BCO. See. 20 - 1464 Boundary Delineation. (a) Generally. Primary and Secondary Zones shall be subject to the requirements established here'm, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Bluff Creek Watershed regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the overlay district applies. Co) Boundaries; maps. The Primary and Secondary zones include land that is generally defined in this article and in the Bluff Creek Watershed Natural Resources Management Plan. Boundaries as established by officially adopted city maps shall be prima facie evidence of the location and type of watershed zone. The official maps shall be developed and maintained by the planning department. The applicant shall provide appropriate technical information, including but not limited to, a topographical survey, flora and fauna survey and soil data deemed Jnecessary for the city to determine the exact watershed zone boundary. The planning director shall make a cletermination to maintain the officially designated watershed zone boundary or if the boundaries :need to be corrected on city plans and maps based upon the data that is supplied. Data for 'watershed zone delineation shall be generated and provided by a qualified professional specializing in watershed management, environmental science or other related professio;x The applicant may appeal the planning director's determination of the watershed ~cme type to the city council. Sec. 20 - 1465 Impervious Cover and Slopes~ To the greatest extent possible, all development shall minimize the amount of impervious surface by clustering development, using common access drives and utility corridors and minimiT~g building footprint size. Roads, walkways, bike trails, and parking areas must be · lesigued parallel to natural contours with consideration to maintaining consolidated areas of mmral topography and vegetation. Management of surface run-off caused by impervious cover shall be designed using practices delineated in the city's Best Management Practices Handbook. Within the Secondary Zone of the BCO district, areas with average slopes exceeding 25% shall be preserved in their natural state and maintained as permanent open space. Areas with average slopes less than 25% but greater than 10% shall not exceed an impervious surface coverage of 25%. Impervious coverage for areas where average slopes are less than 10% shall be governed by the underlying zoning district. ~e,e..~ - 1466 -Blaf;fs~ Bluffs shall be preserved as provided for under Article XXVIIIo Sec. 20 - 1467 Site Views. Through environmentally sensitive design such as "terrain adaptive architecture" (see Figure 1.), landscaping and site planning, site views both to and from the BCW district shall be preserved and enhanced to the greatest extent possible so as to maintain views that reflect and protect the natural beauty of the BCO District. Special attention should be given to views that are highly accessible to the public such as scenic overlooks, ridges and trails. Clustering of development away from natural overlooks is encouraged. Develop terrain-adaptive architecture for steep slopes. -On steeply sloping sites, the propsed building should step down the hillside. Terrain-Adaptive Architecture Side garage access requires less site disturbance Figure 1. "Published in APA PAS Report #466" Sec. 20 - 1468 Density Clustering. Density clustering shall be allowed as a tool to facilitate cluster development within the Bluff Creek corridor. Density clustering may be used in areas where portions of the site are unsuitable for development because of the location of the Primary Corridor. Density clustering shall not be allowed for areas that are otherwise considered unbuildable due to wetlands, lakes and other areas not suitable for building purposes. In areas where density clustering is applicable, density may be transferred to unconstrained parts of the site within land included in the Secondary Corridor, subject to the restrictions of this ordinance, and within land lying outside of identified corridor areas. Additionally, the following conditions may qualify for density clustering: a) Land slopes in the Secondary Zone that exceed 25% on average. b) 'T_;aTTd~'the Secondary Zone containing stands of native trees. c) Land with suitable natural habitat to endangered or threatened species or a fragile ecosystem. a~c. bae~l~ical lO0.y~ar Traditional Development Pattern "Designing Open Space Subdivisions, Randall .{rerMt" archaeological sgte Cluster Development "Designing Open Space Subdivisions, Randall Arendt" 5{~jnlflcant. hal;ufa[ Industrial Cluster Development Sec. 20-1469 Standards and Guidelines for Single-Family Attached or Cluster-Home PUDso Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan, Sec. 20-1470 Natural Habitat Preservation~ a) Natural habitat areas within the Primary Zone shall be preserved as permanent open space. Any development that occurs shall be directly related to the continuous greenway along the creek from the Minnesota River to Lake Minnewashta as outlined in the Bluff Creek Watershed Natural Resources Management Plan. b) Where possible, any disturbances of natural habitat areas within the Secondary Zone shall be avoided. Any alterations to the natural habitat within the Secondary Zone shall adhere to the practices delineated in the city's Best Management Practices Handbooko $ec. 20- 1471 Natural Habitat Restoration Plan If natural habitat areas located within the Secondary Zone will be disturbed during any stage of development, the applicant shall submit a detailed plan identifying the resources that will be disturbed and a corresponding restoration and/or mitigation plan. Such restoration might include wetland mitigation and replanting of habitat significant to endangered and threatened species. 8 Sec. 20 - 1472 Open Space Requirements. Open space shall comprise 100% of the area located within the Primary Zone. The City will establish the boundary for the Primary Zone using data provided by the applicant. Sec. 20 - 1473 Structure Setbacks. All structures shall be setback a minimum of 40 feet from the Primary Zone. No disturbance of the site shall occur within the first 20 feet of such setback. SECTION 9. The boundaries of the district established by this chapter are delineated on the zoning map; the map and all notations, references, and date shown thereon are hereby adopted and made part of this chapter and will be on permanent file for public inspection at the Chanhassen City Hall. SECTION 10. This ordinance shall be effective immediately upon its passage and publication~ PASSED AND ADOPTED on this 14th day of December, 1998, by the City Co~ncil of the City of Chanhassen. ATTEST: Don Ashworth, C~'ty'Manager (Published in the Chanhassen 'Villager on December 31, 1998) g:XadminXord~bl u fford.doc 9 City of '~' Chanhassen N Bluff Creek Wat Watershed Boundaries Bluff Creek Corridor Wetlands Primary Corridor Secondary Corridor Lakes River BLUFF CREEK OVERLAY DISTRICT Ti~berWObdDr -LUkew°°_d Or