Ordinance 612CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. 612,
AN ORDINANCE
AMENDING CHAPTER 18, SUBDIVISIONS, AND
CHAPTER 20, ZONING, OF THE CHANHASSEN CITY CODE.
The purpose of these code amendments are to amend Section 18-78 (b) (11), to clarify that
wetlands may also be dedicated as part of the plat; to amend Section 20-28 (b) (2) to note
that the standard of review is practical difficulty in granting variances; to amend Section
20-91 (a) to note that sheds in excess of 200 square feet and retaining walls less than four
feet in height require zoning permits; to amend Section 20-122 to note that security is
required for site plans and means to reduce the security; to amend Section 20-616 (1) to
reference Chapter 5, Article III; to amend Section 20-1001 (3) to clarify that farm
animals may be permitted on A-2 and RR properties with 10 acres or more; to amend
Sections 20-1117 (3) and (4) to provide standards for uses that are appropriate for shared
parking; to amend Section 20-1122 (2) to allow the City Engineer to permit driveway
grades in excess of 10 percent and to provide criteria for such deviation; to amend
Section 20-1124 (2) r. to provide parking standards for different types of restaurants; and
to amend Section 20-1124 (2) v. to provide parking standards for shopping centers.
A printed copy of Ordinance No. 612 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 14th day of
December, 2015, by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on December 24, 2015)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.612
AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISIONS,
AND CHAPTER 20, ZONING,
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 18-78 (b) (11) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Where any proposed plat adjoins a natural lake, pond, river, stream, including streams which
flow only intermittently, or wetland, the city may require that a strip of land running along all
sides thereof which are contiguous to such lake, pond, stream, or wetland 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.
Section 2. Section 20-28 (b) (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
To hear requests for variances from the literal provisions of this chapter in instances where their
strict enforcement would cause practical difficulty because of circumstances unique to the
individual property under consideration, and to grant such variances only when it is
demonstrated that such actions will be in keeping with the spirit and intent of this chapter; and
Section 3. Section 20-91 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
A zoning permit shall be required for the construction of structures which do not require building
permits to determine compliance with zoning requirements such as setback, site coverage,
structure height, etc.:
Agricultural buildings.
Decks less than 30 inches above the ground and not attached to the principal structure.
Driveway expansions.
One-story detached accessory structures, used as tool or storage sheds, playhouses, and similar
uses, 200 square feet or less in building area.
Patios.
Permanent fences less than six feet in height.
Retaining walls four feet and less in height.
Sport courts.
Section 4. Section 20-122 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
a. The terms and conditions of approval of the site plan shall be embodied in a permit
signed by the property owner and the city. The permit shall be recorded against the title
to the property.
b. A letter of credit or cash escrow shall be required to ensure satisfactory installation of site
improvements in an amount equal to 110 percent of the value of the required
improvements. The developer is obligated to install and complete all such improvements
at his or her own expense and under the supervision and inspection of the city. The
guarantee shall be provided prior to recording the site plan permit and shall be valid until
the improvements are inspected and approved by the city.
Procedures for the reduction or release of security shall include:
1) Requests for reductions of letters of credit must be submitted to the city in writing
by the developer or their engineer.
2) The city shall verify completion of the improvements.
3) Any reduction shall be subject to City approval.
Section 5. Section 20-616 (1) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Private stables subject to provisions of Chapter 5, Article III.
Section 6. Section 20-1001 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Farm animals are an allowed use on all farm property zoned A-2 or RR, which permit
agricultural use, with a minimum parcel area of 10 acres except as otherwise specifically
provided in the City Code. Farm animals may not be confined in a pen, feed lot or building
within 100 feet of any residential dwelling not owned or leased by the farmer.
Section 7. Section 20-1117 (3) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Required parking and loading spaces shall be located on the same development site as the use
served. On -street parking, if allowed in the vicinity of the site, cannot be used to satisfy parking
requirements. The city may approve off -site parking if the city council finds the following:
a. Reasonable access shall be provided from the off -site parking facilities to the use being
served;
b. The parking shall be within 400 feet of a building entrance of the use being served;
2
c. The parking area shall be under the same ownership and merged into a single tax parcel
as the site served, under public ownership or the use of the parking facilities shall be
protected by a recorded instrument, acceptable to the city;
d. Failure to provide on -site parking shall not encourage parking on the public streets, other
private property or in private driveways or other areas not expressly set aside for such
purposes; and
e. The off -site parking shall be maintained until such time as on -site parking is provided or
an alternate off -site parking facility is approved by the city as meeting the requirements
of this ordinance.
f. Certain uses that have their highest peak demand for parking at substantially different
times of the day or week can consider a plan to provide required parking by sharing
parking with adjacent uses based on the following criteria:
1) Up to 30% of the off-street parking stalls required for a theatre, bowling alley, dance
hall, bar, or restaurant may be supplied by the off-street parking facilities provided by
types of uses specified as a primarily daytime use in subparagraph 4) below.
2) Up to 30% of the off-street parking stalls required for any use specified under
subparagraph 4) below as primary daytime uses may be supplied by the parking
facilities provided by the following nighttime or Sunday uses: auditoriums incidental
to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars,
or restaurants.
3) Up to 30% of the off-street parking stalls required for a church or for an auditorium
incidental to a public or parochial school may be supplied by off-street parking
facilities provided by uses specified under subparagraph 4) below as primarily
daytime uses.
4) For the purpose of this section, the following uses are considered as primarily
daytime uses: banks, business offices, retail stores/shopping centers, personal service
shops, household equipment or furniture shops, clothing or shoe repair or service
shops, manufacturing, wholesale, and similar uses.
Section 8. Section 20-1117 (4) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
(a) Because of the hours of operation of the respective uses, their sizes and their modes of
operation there will be available to each use during its primary hours of operation an amount
of parking sufficient to meet the needs of such use by sharing parking with adjacent uses
based on the following criteria; and
(1) Up to 30% of the off-street parking stalls required for a theatre, bowling alley, dance hall,
bar, or restaurant may be supplied by the off-street parking facilities provided by types of
uses specified as a primarily daytime use in subparagraph (4) below.
(2) Up to 30% of the off-street parking stalls required for any use specified under
subparagraph (4) below as primary daytime uses may be supplied by the parking facilities
provided by the following nighttime or Sunday uses: auditoriums incidental to a public or
parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants.
(3) Up to 30% of the off-street parking stalls required for a church or for an auditorium
incidental to a public or parochial school may be supplied by off-street parking facilities
provided by uses specified under subparagraph (4) below as primarily daytime uses.
(4) For the purpose of this section, the following uses are considered as primarily daytime
uses: banks, business offices, retail stores/shopping centers, personal service shops,
household equipment or furniture shops, clothing or shoe repair or service shops,
manufacturing, wholesale, and similar uses.
(b) The joint use of the parking facilities shall be protected by a recorded instrument, acceptable
to the city.
Section 9. Section 20-1122 (2) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Driveway grades shall be a minimum of one-half of one percent and a maximum grade of ten
percent at any point in the driveway. If extenuating circumstances exist, the City Engineer may
approve driveway grades in excess of ten percent. Examples of extenuating circumstances
include: bluffs, existing steep grades, shoreland setbacks, wetland conditions, and tree
preservation.
Section 10. Section 20-1124 (2) r. of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Restaurant, cafe, nightclub, tavern or bar:
1. Fast food:
(a) Without drive-thru — One space per 60 square feet of gross floor area.
(b) With drive-thru — One space per 80 square feet of gross floor area.
2. Restaurant:
(a) Without full liquor license — One space per 60 square feet of gross floor area.
(b) With full liquor license — One space per 50 square feet of gross floor area.
Section 11. Section 20-1124 (2) v. of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Shopping center — On -site automobile parking shall be provided in a ratio of not less than one
parking space for each 200 square feet of gross floor area; separate on -site space shall be
provided for loading and unloading. If restaurant use constitutes 25 percent or less of the
building gross floor area, then the shopping center parking standard shall still apply. If
restaurants constitute between 25 and 50 percent of the building gross square footage, the portion
of restaurant use square footages between 25 and 50 percent of the gross floor area of the
building must provide one parking space per 100 square feet of gross floor area. If more than 50
percent of the building square footage is in restaurant use, then the restaurant parking standard
for that portion in excess of 50 percent of the gross building square footage shall be provided. In
addition, one space for each company vehicle (delivery) operating from the premises shall be
0
provided. The applicant shall demonstrate that the number of employees in the restaurant will be
accommodated by the required number of spaces. The applicant shall submit a letter to the city
assuring that if there is to be any increase in employees or if there is an insufficient amount of
parking to accommodate the restaurant uses and its employees, the applicant agrees to provide
additional parking area, which must be within 600 feet of the restaurant.
Section 12. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 14' day of December, 2015, by the City Council of the
City of Chanhassen, Minnesota
Toffd Gerhardt, City Manager
Denny Lauf burger, ayor
(Summary Ordinance Published in the Chanhassen Villager on December 24, 2015)
CITY OF CHANHASSEN -
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE
No. 612, Affidavit of Publication
AN ORDINANCE
AMENDING RI8,- Southwest Newspapers
SUBDIVISIONS,IONS, AAND
CHAPTER 20, ZONING, OF
THE CHANHASSEN CITY
CODE.
The purpose of these code State of Minnesota)
amendments are to amend
Section 18-78 (b) (11), to clarify that )SS.
wetlands may also be dedicated as part of the plat; to amend County of Carver)
Section 20-28 (b) (2) to note that the
standard of review is practical
difficulty in granting variances;
to amend Section 20-91(a) to note Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
that sheds in excess of 200 square agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
feet and retaining walls less than four feet in height require zoning lager and has full knowledge of the facts herein stated as follows:
permits; to amend Section 20-122
to note that security is required (A) These newspapers have complied with the requirements constituting qualification as a legal
for site plans and means to reduce newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as
the security; to amend Section amended.
20-616 (1) to reference Chapter
5, Article DI; to amend Section (B) The printed public notice that is attached to this Affidavit and identified as No.. Lb /--9
20-1001 (3) to clarify that farm was published on the date or dates and in the newspaper stated in the attached Notice and said
animals may be permitted on A-2 Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
and ; properties with ns 20- s or the newspaper specified. Printed below is a co of the lower case alphabet from A to Z, both
more; to amend Sections 2dards P Per Pe PY
(3) and (4) to provide standards inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
for uses that are appropriate and publication of the Notice:
for shared parking; to amend
Section 20-1122 (2) to allow the abcdefghijklrmlopgrstuvwxyz
City Engineer to permit driveway
grades in excess of 10 percent
and to provide criteria for such
deviation; to amend Section 20-v-
1124 (2) r. to provide parking LaurieA. Hartmann
standards for different types of
restaurants; and to amend Section
20-1124 (2) v to provide parking
standards for shopping centers. Subscribed and sworn before me on
A printed copy of Ordinance
No. 612 is available for inspection
by any person during regular y'}�
Cityhours /the office of the thi�_day of 2015
City Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
this 14th day of December, 2015, - MEJEAN 74 11kPI K
by the City Council of the City of
Chanhassen. MO'.At'ti" PU3jC, MANESO,A
(Published in the Chanhassen JILL
D"PSES 3':rV1 s
Villager on Thursday, December
24 2015: No 4219)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter .............................................. $12.59 per column inch