G-1. Code Amendments, Chapters 1, 18 & 20My OF
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
-1
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: May 12, 2014 t9 oe<f P
SUBJ: Code Amendments, Chapters 1, 18 and 20
PROPOSED MOTION
"The Chanhassen City Council approves the ordinance amending Chapters 1,
18 and 20 of the Chanhassen City Code; and approval of the attached summary
ordinance for publication purposes."
City Council approval requires a simple majority vote of the City Council
present. City Council approval of the summary ordinance requires a 4/5 vote
of the City Council.
EXECUTIVE SUMMARY
The proposed ordinance amendments add a definition of expansion to address
nonconformities, add a schematic to the flag lot definition, address landscaping
requirements as part of the subdivision review standards and clarify general
supplemental regulations within the zoning code.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on April 15, 2014 to review the
Planning & proposed ordinance amendments. The commission felt that the amendments were
Natural Resources
Phone: 952.227.1130 administrative in nature, clarifying city code and removing undesirable tree species, and
Fax: 952.2271110 voted unanimously to recommend approval of the amendments.
Public Works
The Planning Commission minutes from April 15, 2014 are attached.
7901 Park Place
Phone: 952.227.1300
RECOMMENDATION
Fax: 952.227.1310
Staff recommends approval of the ordinance amending Chapters 1, 18 and 20 of the
Senior Center
Phone: 952.227.1125
City Code, and approval of the summary ordinance for publication purposes.
Fax: 952 227.1110
ATTACHMENTS
Web Site
www.ci.chanhassen.mn.us
1. Planning Commission Staff Report dated April 15, 2014.
2. Planning Commission Minutes dated April 15, 2014.
3. Summary Ordinance.
g: \plan\city code\2014 \executive smnmary 5- 12- 14.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF
CHANHAS3EN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952 227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.2271120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.2271130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
-D°3
MEMORANDUM
TO: Planning Commission
FROM: Bob Generous, Senior Planner
DATE: April 15, 2014 0! '
SUBJ: City Code Amendments
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council
adopt the ordinance amending Chapters 1, 18 and 20 of the Chanhassen
City Code."
BACKGROUND
The Planning Commission has review responsibility for Chapters 18 and 20. A
public hearing is required to make changes in these chapters. The Planning
Commission previously reviewed these issues on November 19, 2013. City Council
then reviewed these issues on January 13, 2014. Staff was directed to prepare these
items for public hearing and adoption.
While the Planning Commission does not have review authority over Chapters 1 -17,
we are providing the Planning Commission with an opportunity to help review the
proposed changes to Chapter 1. Staff is recommending adoption of the proposed
ordinance amendments.
Notice of this public hearing has been published in the Chanhassen Villager.
ANALYSIS
Chapter 18, Subdivision
Sec. 18 -61. — Landscaping and tree preservation requirements.
Staff is proposing the following changes in the list of approved trees in section 18 -61
(a) (1).
Clarify that the deciduous trees are "overstory ".
Web Site For the maple and oak trees, all varieties, except the Norway maple, would be
www.ci.chanhassen.mn.us acceptable so there is no reason to list them separately. We propose to group them
together for efficiency.
The Linden, American is a duplicate.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
City Code Amendments
April 15, 2014
Page 2
There is no reason to specify a cultivar or trade name for a genus of trees, e.g., Betula pendula
`Dalecarlica'. Within the Birch genus, there are some species which are less desirable due to
their susceptibility to diseases so these are listed separately.
Delete the following species from the Approved Tree List:
• Fraxinus spp — ash will not be permitted to be planted due to emerald ash borer (EAB) which
is fatal to all ash.
• Picea pungens — Colorado spruce are susceptible to disfiguring and sometimes fatal fungal
infections significantly reducing their value as landscape trees.
In an attempt to promote diversity in all developments, staff is proposing amending Section 18-
61 (d) (2) e. and 18 -61 (d) (9) to provide maximum percentage of a species or genus of trees
proposed in a development. These percentages are based on forestry standards of 30 -20 -10 with
10 percent of one species, 20 percent of one genus. We could add the 30 percent family, but it is
not necessary since it is very difficult to go above 30 percent. Regarding the required minimum
tree sizes, the current language is too open and ambiguous so staff is proposing that it be made a
clear requirement. Finally, there is no need to specify a percentage of the trees that must be
conifers. Rather the use of conifers should be dependent on their function, the need for
screening, buffering or the creation of a healthy and diverse forested area.
Section 18 -61 (a) (1)
(a) Required landscaping /residential subdivision.
(1) Each lot shall be provided with a minimum of one deciduous or conifer tree to be placed
in the front yard. The type of tree shall be subject to city approval. Coniferous trees must
be at least eight feet high and deciduous trees must be at least two and one -half 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 inches for deciduous and eight -foot height for conifers is located in an
appropriate location on the lot. The following trees maybe used to meet planting
requirements:
Scientific Name
Deeiduou Overstory Trees
Acer spp.
Common Name
aple, Sugar er-he all varieties, except
Carya ovata I Shagbark Hickory
Celtis occidentalis Hackberry
!Jugla ansn gra Black Walnut
Quercus rubs spp. _ I Oak, Red all varieties
Planning Commission
City Code Amendments
April 15, 2014
Page 3
Scientific Name
Ornamental Trees
Acer ginnala*
Oak,
�melanchier spp.
Oak, Bieeler
n...,r
�» :, "ate - r. =ao;ecimpff
Oak, B}�
�HHteF1E8Ytft
Linden, Amefiean
:a:c • rua1�••�.•2,L••••• l °T/�T
1l
r
Maple, DeA J all . .. rietie
Aspen
Maple II..,.,.......« all . w,.4:,...
J J
Aeersaeeharhmm Wih,&-Queenl
Maple, Silver Queen
Aesculus glabra
Ohio Buckeye
Betula nigra
Birch, River
Betula papyrifera
Birch, paper
Chokeberry, Schubert
J
Catalpa speciosa
Northern Catalpa
r --
Ginkgo biloba
Ginkgo
Gleditsia triacanthos inermis, spp.
Honeylocust, thornless - all varieties
Gymnocladus dioicus
Coffeetree, Kentucky
Tilia spp.
=Linden, varieties
ELM, DED- resistant varieties
Ulmus spp.
Scientific Name
Ornamental Trees
Acer ginnala*
Common Name
I Maple, Amur
�melanchier spp.
Serviceber y or Juneberry
Crataegus spp.
Hawthorn, all varieties
Malus spp.
Ostrya virginiana
Crabapple, assorted flowering - Varieties
Ironwood
Populus tremuloides
Aspen
!So rbus spp.
Ash, Mountain, all varieties
Phellodendron amurense
Amur Corktree
Prunus cerasifera Newport'
Plum, Newport
Prunus triloba
Plum, flowering or Rose Tree of China
Prunus virginiana 'Schubert'
Chokeberry, Schubert
Planning Commission
City Code Amendments
April 15, 2014
Page 4
Syringa reticulata
Japanese tree
Scientific Name
Conifers
Common Name
Fir, Balsam
Abies balsamea
IAbies concolor
Fir, Concolor
Larix laricina
Tamarack
�Picea abies
Picea glauca
Spruce, Norway
Spruce, White
Picea glauca densata Spruce, Black Hills
-i
,Pinus nigra Pine, Austrian
Pinus ponderosa I Pine, Ponderosa
Pinus resinosa
Pine, Norway
Pinus strobus
Pine, White
Pinus sylvestris
Pine, Scotch
Pseudotsuga menziesii
Fir, Douglas
Thuja occidentalis
Arborvitae
Thuja occidentalis ' Techny'
Techny Arborvitae
* These trees shall be restricted; quantities and location must be approved by the city in a
landscape plan.
Section 18 -61 (d) (2) e.
e. The following criteria shall be followed in establishing minimum canopy coverage:
1. When planting trees, one tree shall be deemed to provide 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 10 percent of the trees maybe from anyone tree species and no
more than 20 percent of the trees may be from any one genus;
4. Overstory trees shall be aver -age at least two- and - one - half -inch caliper and may
understory trees shall be a minimum of one - and - one - half -inch caliper;
Planning Commission
City Code Amendments
April 15, 2014
Page 5
6. Conifer trees °w °" ai eef e seven F et an shall be a minimum of six 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;
9. Trees shall be from certified nursery stock as defined and controlled by M.S. §§ 18.44
through 18.61, the Plant Pest Act; and
10. Not less than 75 percent of the total trees required shall be overstory species.
18 -61 (d) (9)
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 diameter inches per each
inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least 2' /z
inches in diameter and will be species that conform to the List of Desirable Tree Species for
Planting in Chanhassen. No more than one third 10 percent of the trees may be from any one
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 two times the
canopy coverage area that was removed shall be planted. One tree shall be planted for each 1,089
square feet of required replacement area. Trees shall be from the list of desirable tree species, no
more than ene dii 10 percent of trees from anyone tree species, average 2%2 -inch diameter
with ° fflirminium 114 :new .,.amet° a similar species as vegetation existing on -site, and
appropriate to the soil conditions. For any replacement trees that cannot be planted on the
original site due to space restrictions, the developer shall pay the city the value of the trees,
including material and installation, in to the community tree planting fund.
Chapter 20, Zoning
Article XXIII, General Supplemental
Section 20 -904
The language causes some confusion regarding the location of docks. Dock location and
requirements are covered in section 20 -920 of the zoning ordinance.
Planning Commission
City Code Amendments
April 15, 2014
Page 6
Sec. 20 -904. - Accessory structures.
(a) A detached accessory structure, e.,eept a deck, shall be located in the buildable lot area or
required rear yard. No accessory use or structure in any residential district shall be located in
any required front, side or rear setback with the following exceptions:
(1) In the A2, RR, RSF, RLM and R4 districts accessory structures shall not exceed 1,000
square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear
setback as follows:
a. Less than 140 square feet, minimum rear setback is five feet.
b. One hundred forty -one to 399 square feet, minimum rear setback is ten feet.
c. Four hundred square feet and above, minimum rear setback is 30 feet, except in the
RLM district where the minimum rear setback is 25 feet.
(2) On riparian lots, detached garages and storage buildings may be located in the front or
rear yard but must comply with front, side and applicable ordinary high water mark
setbacks and may not occupy more than 30 percent of the yard in which it is built.
(3) Tennis courts and swimming pools may be located in rear yards with a minimum side and
rear yard setback of ten feet, but must comply with applicable ordinary high water mark
setbacks.
(b) A detached accessory structure may occupy not more than 30 percent of the area of any rear
yard.
(c) For parcels with less than three acres in any residential or agricultural district, no accessory
structure or use shall be erected, constructed or commenced prior to the erection,
construction or commencement of the principal permitted structure or use, but may be
erected or commenced simultaneously. If the principal structure or use is subsequently
removed, destroyed or discontinued, the accessory structure or use must be removed or
discontinued within 12 months.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act
contained in M.S. §§ 1144.411 to 1144.417.
(e) Docks, which shall comply with Section 20 -920.
Section 20 -908
The exemptions to the yard regulations are applicable to the principal structure and not detached
accessory structures, which have separate regulations.
(5) The following architectural elements of the principal structure or if attached to the
principal structure shall not be considered to be obstructions (variances granted from a
required setback are not entitled to the following additional encroachments):
Planning Commission
City Code Amendments
April 15, 2014
Page 7
a. Into any required front yard, or required side yard adjoining a side street lot line,
cornices, canopies, eaves, or other architectural features may project a distance not
exceeding two feet, six inches; fire escapes may project a distance not exceeding four
feet, six inches; an uncovered stair and necessary landings may project a distance not to
exceed six feet, provided such stair and landing shall not extend above the entrance floor
of the building; bay windows, balconies, open porches and chimneys may project a
distance not exceeding three feet; unenclosed decks and patios may project a distance not
exceeding five feet. Other canopies may be permitted by conditional use permit.
b. The above -named features may project into any required yard adjoining an interior lot
line, subject to the limitations cited above.
c. Porches that encroach into the required front yard and which were in existence on
February 19, 1987, may be enclosed or completely rebuilt in the same location provided
that any porch that is to be completely rebuilt must have at least a ten -foot minimum front
yard.
d. Subject to the setback requirements in section 20 -904, the following are permitted in the
rear yard: Enclosed or open off - street parking spaces; accessory structures, toolrooms,
and similar buildings or structures for domestic storage. Balconies, breezeways and open
porches, unenclosed decks and patios, and one -story bay windows may project into the
rear yard a distance not to exceed five feet.
e. Into any required front, rear, or side yard: driveways, sidewalks, fences and retaining
walls.
f. The intent of this section is to allow homes built prior to February 19, 1987, to add an
open porch as an architectural feature to define the entrance into a residence or update a
front elevation.
Homes built prior to February 19, 1987, may have open porches and /or balconies that
encroach into the required front yard a distance not exceeding ten feet, provided they
maintain a minimum front yard setback of 20 feet. The ten feet shall include the roof
line, support columns and steps. This area shall not be enclosed nor screened with
mesh, glass, or other similar material. Homes that are on the national register listing
or have been considered eligible for listing on the national register shall be excluded
from this ordinance unless approved by the national historical registrar's office.
Section 20 -909 (6) a.
An incorrect word is used. The structure is principal (main or primary), not principle (idea, law,
doctrine or assumption).
Planning Commission
City Code Amendments
April 15, 2014
Page 8
(6) Continued storage of boats, all- terrain vehicles, snowmobiles and trailers may be stored in
the side or rear yard, if owned by a resident owner or lessee of the property and subject to the
following:
a. Such storage may not extend beyond the front of the peineiple principal structure.
b. On corner and double frontage lots, the front of the structure shall be defined as the
side accessed by a driveway to the public street.
Section 20 -960, Surface Water Management
The City has had two reiterations of the surface water management plan adopted, the most recent
in 2006. Staff proposes that we reference the plan without a specific date.
All development shall comply with the city's most recently adopted surface water management
plan dated Febmafy !99 , which is incorporated herein by this reference.
Chapter 1
Section 1 -2
There is no definition of what is considered an "expansion" for non - conforming uses. Staff
proposes that we include language to address both the physical and the intensity, occupancy or
capacity of the use.
Minnetonka has this definition: an increase in the floor or land area or volume of an existing
building.
Lakeville has this in their ordinance: expand the foundation and/or building size (including deck
additions), increase the building occupancy, capacity or parking demand, increase the degree of
the nonconforming condition of the building, site or the use.
Staff is proposing the following language:
Expansion means an increase in the floor area or volume of an existing building (including
deck additions), increase in the building occupancy, capacity or parking demand or
increase in the degree or intensity of the nonconforming condition of the building, land
area, site or use. (20)
The definition of a flag/neck lot had an illustration attached to it, but was not codified. Staff
proposes that the illustration be added to clarify the definition.
Lot, flag /neck means a lot that does not provide the full required frontage on a public
right -of -way, but rather is served by a narrow "neck" of land that extends to the street. To
Planning Commission
City Code Amendments
April 15, 2014
Page 9
meet the definition the neck must be at least thirty (30) feet wide. The lot width on neck
or flag lots and lots accessed by private streets shall be one hundred (100) feet as
measured at the front building setback line. The location of these lots is conceptually
illustrated below. (18, 20)
idBCkl Fbp W&
Ratl Ld lkx
Strwt
i
I
La Nnan ioo `'
-Lil�wwan �� I
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RECOMMENDATION
Staff recommends that the Planning Commission approve the amendments to the Chanhassen
City Code in Chapters 1, 18 and 20.
ATTACHMENT
1. Ordinance Amending Chapters 1, 18 and 20 of the Chanhassen City Code.
2. Public Hearing Notice.
gAplan \city code\2014 \pc memo 4- 15- 14.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING
CHAPTER 1, GENERAL PROVISIONS,
CHAPTER 18, SUBDIVISION, AND
CHAPTER 20, ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1 -2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by
adding the following definition to read as follows:
Expansion means an increase in the floor area or volume of an existing building
(including deck additions), increase in the building occupancy, capacity or parking
demand or increase in the degree or intensity of the nonconforming condition of the
building, land area, site or use. (20)
Section 2. Section 1 -2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by
amending the definition of flag/neck lot to read as follows, including the lot illustration:
Lot, flag /neck means a lot that does not provide the full required frontage on a public right -
of -way, but rather is served by a narrow "neck" of land that extends to the street. To meet the
definition the neck must be at least thirty (30) feet wide. The lot width on neck or flag lots
and lots accessed by private streets shall be one hundred (100) feet as measured at the front
building setback line. The location of these lots is conceptually illustrated below. (18, 20)
e /Flea Lde
Fr W is
Stretl
I I I
I I I
Lavaun�m � �
I Lavnan I
� I I
' I
Section 3. Section 18 -61 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) Required landscaping /residential subdivision.
(1) Each lot shall be provided with a minimum of one deciduous or conifer tree to be placed
in the front yard. The type of tree shall be subject to city approval. Coniferous trees must
be at least eight feet high and deciduous trees must be at least two and one -half 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 inches for deciduous and eight -foot height for conifers is located in an
appropriate location on the lot. The following trees may be used to meet planting
requirements:
Scientific Name
DeeNuen Overstory Trees
IAcer saccharum spp.
Common Name
Maple, &iger or hard all varieties, except
platanoides
Carya ovata
Shagbark Hickory
Celtis occidentalis
Juglans nigra
Hackberry
Black Walnut
Quercus rttbra spp.
Oak, Red all varieties
n vo `� lit
�r
Vii:
Oak, Bur
T
�?22r-i=iivY Pn-
Maple, Red, all .,..«: .. ,.ti ..
�4ee' &pp.
Maple Free.....e« .dl rivarieties
I
p h.e
Maple, Silyef4
Aesculus glabra
Ohio Buckeye
Betula nigra
Birch, River
Betula papyrifera
r— -
Birch, paper
I
I
i]:r" eL. � e t leaf we,,...:,..R
Catalpa speciosa
Northern Catalpa
IF
Ask, all
Ginkgo biloba
Ginkgo
`4
Gleditsia triacanthos inermis, spp.
Honeylocust, thornless - all varieties
Gymnocladus dioicus
Coffeetree, Kentucky
Tilia spp.
Linden, all varieties
Ulmus spp.
ELM, DED- resistant varieties
Scientific Name
Ornamental Trees
Common Name
I Acer ginnala*
i Maple, Amur
Serviceberry or Juneberry
iAmelanchier spp.
Crataegus spp.
Hawthorn, all varieties
Crabapple, assorted flowering - Varieties
Mal;; spp.
Ostrya virginiana
Ironwood
Populus tremuloides
Aspen
Sorbus spp.
Ash, Mountain, all varieties
Amur Corktree
,Phellodendron amurense
Prunus cerasifera 'Newport'
Plum, Newport
,Prunus triloba
Plum, flowering or Rose Tree of China
Prunus virginiana 'Schubert' Chokeberry, Schubert
Syringa reticulata Lilac, Japanese tree
r
Scientific Name Common Name
Conifers
iAbies balsamea Fir, Balsam
IAbies concolor
Larix laricina
IFir, Concolor
Tamarack
Spruce, Norway
Spruce, White
Picea abies
Picea glauca
,Picea glauca densata
Spruce, Black Hills
Pinus nigra
;Pinusr ponderosa
Pine, Austrian
Pine, Ponderosa
Pinus resinosa
Pine, Norway
Pinus strobus
Pine, White
Pinus sylvestris
Pine, Scotch
Pseudotsuga menziesii
Fir, Douglas
Thuja occidentalis
Arborvitae
Thuja occidentalis ' Techny'
Techny Arborvitae
* These trees shall be restricted; quantities and location must be approved by the city in a
landscape plan.
Section 4. Section 18 -61 (d) (2) e. of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
e. The following criteria shall be followed in establishing minimum canopy coverage:
When planting trees, one tree shall be deemed to provide 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 th 10 percent of the trees may be from any one tree species and no
more than 20 percent of the trees may be from any one genus;
4. Overstory trees shall be avefage at least two - and - one -half -inch caliper and fftey
understory trees shall be a minimum of one - and - one - half -inch caliper;
6. Conifer trees sa °" ..•.,..age seven feet shall be a minimum of six 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;
9. Trees shall be from certified nursery stock as defined and controlled by M.S. §§ 18.44
through 18.61, the Plant Pest Act; and
10. Not less than 75 percent of the total trees required shall be overstory species.
Section 5. Section 18 -61 (d) (9) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows
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 diameter inches per each
inch of DBH of the removed, killed, or lost trees. The replacement trees shall be at least 2%2
inches in diameter and will be species that conform to the List of Desirable Tree Species for
Planting in Chanhassen. No more than one third 10 percent of the trees may be from any one
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 two times the
canopy coverage area that was removed shall be planted. One tree shall be planted for each 1,089
square feet of required replacement area. Trees shall be from the list of desirable tree species, no
more than one third 10 percent of trees from any one tree species, average 2% -inch diameter
,M�an+iniffiuml4inehdiamet a similar species as vegetation existing on -site, and
appropriate to the soil conditions. For any replacement trees that cannot be planted on the
original site due to space restrictions, the developer shall pay the city the value of the trees,
including material and installation, in to the community tree planting fund.
Section 6. Section 20 -904 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Accessory structures.
(a) A detached accessory structure; exeept-a dee1, shall be located in the buildable lot area or
required rear yard. No accessory use or structure in any residential district shall be located in
any required front, side or rear setback with the following exceptions:
(1) In the A2, RR, RSF, RLM and R4 districts accessory structures shall not exceed 1,000
square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear
setback as follows:
a. Less than 140 square feet, minimum rear setback is five feet.
b. One hundred forty -one to 399 square feet, minimum rear setback is ten feet.
c. Four hundred square feet and above, minimum rear setback is 30 feet, except in the
RLM district where the minimum rear setback is 25 feet.
(2) On riparian lots, detached garages and storage buildings may be located in the front or
rear yard but must comply with front, side and applicable ordinary high water mark
setbacks and may not occupy more than 30 percent of the yard in which it is built.
(3) Tennis courts and swimming pools may be located in rear yards with a minimum side and
rear yard setback of ten feet, but must comply with applicable ordinary high water mark
setbacks.
(b) A detached accessory structure may occupy not more than 30 percent of the area of any rear
yard.
(c) For parcels with less than three acres in any residential or agricultural district, no accessory
structure or use shall be erected, constructed or commenced prior to the erection,
construction or commencement of the principal permitted structure or use, but may be
erected or commenced simultaneously. If the principal structure or use is subsequently
removed, destroyed or discontinued, the accessory structure or use must be removed or
discontinued within 12 months.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act
contained in M. S. §§ 1144.411 to 1144.417.
(e) Docks, which shall comply with section 20 -920.
Section 7. Section 20 -908 (5) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(5) The following architectural elements of the principal structure or if the structure is
attached to the principal structure shall not be considered to be obstructions (variances
granted from a required setback are not entitled to the following additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line,
cornices, canopies, eaves, or other architectural features may project a distance not
exceeding two feet, six inches; fire escapes may project a distance not exceeding four
feet, six inches; an uncovered stair and necessary landings may project a distance not to
exceed six feet, provided such stair and landing shall not extend above the entrance floor
of the building; bay windows, balconies, open porches and chimneys may project a
distance not exceeding three feet; unenclosed decks and patios may project a distance not
exceeding five feet. Other canopies may be permitted by conditional use permit.
b. The above -named features may project into any required yard adjoining an interior lot
line, subject to the limitations cited above.
c. Porches that encroach into the required front yard and which were in existence on
February 19, 1987, may be enclosed or completely rebuilt in the same location provided
that any porch that is to be completely rebuilt must have at least a ten -foot minimum front
yard.
d. Subject to the setback requirements in section 20 -904, the following are permitted in the
rear yard: Enclosed or open off - street parking spaces; accessory structures, toolrooms,
and similar buildings or structures for domestic storage. Balconies, breezeways and open
porches, unenclosed decks and patios, and one -story bay windows may project into the
rear yard a distance not to exceed five feet.
e. Into any required front, rear, or side yard: driveways, sidewalks, fences and retaining
walls.
f. The intent of this section is to allow homes built prior to February 19, 1987, to add an
open porch as an architectural feature to define the entrance into a residence or update a
front elevation.
Homes built prior to February 19, 1987, may have open porches and /or balconies that
encroach into the required front yard a distance not exceeding ten feet, provided they
maintain a minimum front yard setback of 20 feet. The ten feet shall include the roof
line, support columns and steps. This area shall not be enclosed nor screened with
mesh, glass, or other similar material. Homes that are on the national register listing
or have been considered eligible for listing on the national register shall be excluded
from this ordinance unless approved by the national historical registrar's office.
Section 8. Section 20 -909 (6) a. of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
a. Such storage may not extend beyond the front of the prineiple principal structure.
Section 9. Section 20 -960 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Surface Water Management
All development shall comply with the city's most recently adopted surface water management
plan d °.,.a L`ebya...... 1994, which is incorporated herein by this reference.
Section 10. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this day of 2014, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Summary Ordinance published in the Chanhassen Villager on )
CITY OF CHANHASSEN
CARVER & HENNEPIN COUNTIES
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a
public hearing on Tuesday, April 15, 2014, at 7:00 p.m. in the Council Chambers in Chanhassen
City Hall, 7700 Market Blvd. The purpose of this hearing is to consider amendments to Chapter
18, Subdivisions (Section 18 -61), and Chapter 20, Zoning (Article VIII PUD District and Article
XXIII General Supplemental), of the Chanhassen City Code.
The proposed changes are available for public review at City Hall during regular business
hours. All interested persons are invited to attend this public hearing and express their opinions
with respect to this proposal.
Robert Generous, AICP, Senior Planner
Email: beenerous@ci.chanhassen.mn.us
Phone: 952- 227 -1131
(Publish in the Chanhassen Villager on April 3, 2014)
Chanhassen Planning Commission — April 15, 2014
20. A detail of the rock checks must be included. This shall be consistent with Technical
Supplement 14C to Part 654 of the National Engineering Handbook.
21. An estimated surface water management connection fee of $14,066.50 will be due with the
final plat.
22. The plans must meet all requirements set forth by other agencies with authority over the site.
The applicant is responsible to procure all necessary approvals and permissions. This
includes, among others, the MN Pollution Control Agency and the Minnehaha Creek
Watershed District.
Planning
1. Lots 1 through 4 are the only lots included in the land use map amendment from
Public /Semi - Public to Residential Low Density.
2. Approval of the Land Use Amendment is subject to Metropolitan Council determination of
consistency with system plan.
3. Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District
to Single - Family Residential.
4. Approval of the Rezoning is contingent upon approval of the final plat and execution of the
development contract.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Aanenson: And this item appears before the City Council on their April 28' meeting.
Aller: Thank you. And again all the documents are on the website. Moving onto item number 3.
PUBLIC HEARING:
CODE AMENDMENTS: CHAPTER 18. SUBDIVISIONS (SECTION I8 -61) AND CHAPTER
20, ZONING (ARTICLE VHI PUD DISTRICT AND ARTICLE XXIII GENERAL
SUPPLEMENTAL); AND CHAPTER 1. GENERAL PROVISIONS.
Generous: Thank you Chairman Aller. Commissioners.
Aller: Excuse me, can you go outside. Thank you.
Generous: Most of these amendments you've seen before and so we're just coming back to, we have to
hold a public hearing before we can take them to City Council and have any adoptions to them. Again
your review responsibilities for Chapters 18 and 20 which are Subdivision and the Zoning ordinance. In
Chapter 18 we're looking at the tree requirements in our ordinance and everyone knows about the
Emerald Ash Borer and so we're eliminating that as an approved tree within our ordinance. We're also
doing some clean up for consolidating all the tree species. Instead of listing them separately we're saying
if you want to have a maple you can have a maple. The only exception is platanoides which Jill told me
to put that name in and I don't know exactly what it is but it doesn't do very well up here and it's
31
Chanhassen Planning Commission — April 15, 2014
susceptible to disease. And then again all the oaks are acceptable trees in our community so we felt that
rather than try to list them all we'd just put it as a generic name and they can come in. The other part of
18 -61 that we were changing is trying to get more diversity in the trees that are planted so we're limiting
to 20% any one genus of tree and 10% any specific species of tree so we'll get a little more variety again
so that you have long term health. They don't all get wiped out at one time like the elms in Minneapolis
or the Emerald Ash Borer in the rest of the community and up north eventually. So those are the changes
to 18 -61 and it's 3 sections within that. The second part is changes to Chapter 20 which is a Zoning
Ordinance. We're on page, it starts on page 5, Section 20 -904. What we're doing is there's a little bit of
confusion. Docks have their own separate ordinance. It's in Section 20 -920 so we're saying look there if
you want to know what the requirements are for docks and so we excluded from the accessory structures
discussion in Section 904. 20 Section 908, we're trying to come up with some, there's some exceptions
to the setback requirements and so we want to make a distinction between those that are associated with
the principal structure or anything attached to the principal structure and those are the only ones that
received these specific exceptions. Because if you have a detached structure there's also some exceptions
that are in the regulations so a little bit of, and Section 20 -909, Subsection 6(a). There's just a wrong
word. We use principal meaning the main idea as opposed to principle meaning an idea. So that change
in Section 6(a). In Section 20 -960 the current ordinance references the 1994 Surface Water Management
Plan. I think we're in the third iteration. It was last adopted in 2006 so we're going to, in the future we'll
reference the most recently adopted ordinance so when we make a change and we'll probably have one
coming up in the next year or two, we don't have to go back and change the City Code. So that's the
changes to Chapters 18 and 20. And then while we don't have review responsibility over Chapter 1, we
wanted to, we're looking at defining what an expansion is for non - conforming uses because currently
there isn't any and so we looked at Minnetonka and Lakeville's ordinance and we wanted to get beyond
just the discussion of expanding a structure or the size of the structure but also look at the intensity of the
non - conforming use and say that if you increase that, that is an expansion of the non - conformity and it
has to meet City Code requirements so. And then finally under Lot, flag and neck lot. We used to have a
schematic that showed what they were talking about because pictures are easier for people to understand.
Somehow got dropped when it was codified and we just want to put that back in so we're requesting that
Planning Commission move these items forward for City Council review and approval. With that I'd be
happy to answer any questions.
Aller: Questions? I will move to comments then and just say that I think it's great that we've cleaned up
a lot of things that can cause people to be confused and anytime we can do that it's a good thing so it's
much appreciated and I think it follows the intent of what we were trying to do originally when we talked
about it in work session so.
Chairman Aller opened the public hearing. No one spoke and the public hearing was closed.
Alley: I'll entertain a motion. If any.
Tennyson: There is a motion. I'll move.
Aller: Commissioner Tennyson.
Tennyson: The Chanhassen Planning Commission recommends that City Council adopt the ordinance
amending Chapters 1, 18, and 20 of the Chanhassen City Code.
Hokkanen: Second.
Aller: I have a motion and a second. Any further discussion?
32
Chanhassen Planning Commission — April 15, 2014
Tennyson moved, Hokkanen seconded that the Chanhassen Planning Commission recommends
that City Council adopt the ordinance amending Chapters 1, 18, and 20 of the Chanhassen City
Code. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES:
Alter: If someone would note the Minutes of the Aprillst work session and meeting.
Hokkanen: So noted.
Weick: I would make one comment there. Commissioner Weick was present at those meetings and he's
listed as absent.
Tennyson: Good correction.
Generous: Nice catch.
Weick: Because sometimes I am not present. I want to be sure that I am present.
Alter: And I want to thank Commissioner Tennyson for taking over the Chair and doing such a great job.
Tennyson: Thank you.
Alter: So the Minutes are noted.
Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission
meeting dated April 1, 2014 as presented and the amended Work Session Summary Minutes dated
April 1, 2014 showing Commissioner Steve Weick as present.
ADMINISTRATIVE PRESENTATIONS.
Alter: No City Council update.
Aanenson: I don't know that I have one.
Alter: Future agenda items.
Aanenson: Yeah we can go to future agendas. Unless you have something Bob. I don't have any update.
In your packet I did give you some new business signs that are in, so we've got 3 new businesses in town.
And then I just want to review with you upcoming agendas. The City Council will be, is planning on not
having a meeting on July 141 so if we have projects that would come in on that June 17', there's a big
gap between the 171 so we always try to gauge that. And for you, the July V week historically we have
not had a meeting. There's a lot of people traveling. Sometimes it's hard to get a quorum. The 41 of
July is a few days later so right now, while it was shown on here, it's my intent to probably not have that
unless there's some strong feelings but we'll try to juggle those. We are working with some other
projects. Some of those are brought up by the neighbors tonight. There are some projects in the area still
that may come to fruition. And speaking of that, so on your May 6' we do have a subdivision. This one
on Chaska Road. It's one home on a larger lot. It's an outlot being platted. There's also revoking some
Conditional Uses that are no longer in existence. Speaking with the City Attorney we do need to take a
formal process for revocation so you'll hold a hearing on those and they'll go up to City Council on
consent. We are also doing the rezoning. Bob Generous just talked about that. The church owns that
33
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
AMENDING
CHAPTER 1, GENERAL PROVISIONS,
CHAPTER 18, SUBDIVISION, AND
CHAPTER 20, ZONING
CHANHASSEN CITY CODE
The purpose of this code amendment is to amend the definitions, subdivision and zoning
ordinances as follows:
Amend Sections 1 -2 to add a definition of expansion to address nonconformities and add
a schematic to the flag lot definition.
Amend Section 18 -61 (a) (1) to specify appropriate trees for landscaping as part of the
subdivision review standards.
Amend Section 18 -61 (d) (2) e. and 18 -61 (d) (9) to address landscaping diversty
requirements as part of the subdivision process.
Amend Section 20 -904 to clarify that docks as accessory structures are regulated under
Sec. 20 -920 Structures, Boats and Waterways.
Amend Section 20 -908 (5) to clarify how architectural elements are regulated under
exceptions to the setback requirements.
Amend Section 20 -909 (6) a. to specify "principal" structure.
Amend 20 -960 to specify the most recently adopted surface water management plan.
A printed copy of Ordinance No. is available for inspection by any person during
regular office hours at the office of the City Manager /Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 12`11 day of May,
2014, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
"N
MKII
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager /Clerk
(Published in the Chanhassen Villager on )
GAPLAN\City Cad62014 \Summary Grd'mwce 5- 12- 14.dac