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H-2. Ordinance 628 Amendments to City Code Chapter 1 “General Provisions” Chapter 6, “Boats and Waterways” Chapter 7 “Buildings and Building Regulations” Chapter 13, “Nuisances” Chapter 14 “Parks and RecreMEMORANDUM m CITY OF CHANHASSEN --- Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner Vanessa Strong, Water Resources Coordinator Stephanie Smith, Project Engineer Jill Sinclair, Environmental Resource Specialist Sharmeen Al-Jaff, Senior Planner Jerry Ruegemer, Recreation Superintendent DATE: December 11, 2017 SUBJ: City Code Amendments to Chapters 1, 6, 7, 13, 14 18, 20 PROPOSED MOTION "The Chanhassen City Council approves an Ordinance amending Chapters 1, 6, 7, 13, 14, 18, and 20 of the Chanhassen City Code, and approves a Summary Ordinance for Publication Purposes." City Council approval of the ordinance requires a simple majority vote of the City Council; however, approval of the summary ordinance requires a four fifth majority. On July 24, 2017, the City Council reviewed the Park and Recreation Commission's recommended Public Swimming Beach Ordinances, and instructed staff to draft an amendment prohibiting fishing in areas designated for swimming. On September 25, 2017, the City Council received a packet of issue papers detailing potential amendments to Chapters 1, 6, 7, 13, 18, and 20 of the City Code. The City Council instructed staff to schedule a public hearing for the proposed amendments to Chapter 18 and 20 and to draft the proposed amendments to Chapters 1, 6, 7, 13, 18, and 20. On October 17, 2017, the Planning Commission held a public hearing on proposed changes to the city's treatment of Permeable Pavement (Chapters 1, 7, 18, and 20). No member of the public spoke on the proposed amendment. The Planning Commission expressed concerns about increasing residential lot coverage, the long-term efficacy of these systems, and the city's capacity to identify, inspect, and enforce maintenance agreements. The Planning Commission PH 952.227.1100 • www dchanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt City Code Amendments to Chapters 1, 6, 7, 13, 14 18, 20 December 11, 2017 Page 2 of 7 expressed a desire for additional research and public input, but expressed a desire to clarify the city's terminology and definitions. The Planning Commission felt that any changes beyond amending the definitions was premature until after the city's Surface Water Management Plan has been updated. The Planning Commission voted to table the amendment and instructed staff to draft an amendment that would address the City Code's terminology and definitions of impervious surface, lot coverage, and pervious pavements without increasing properties' total lot coverage. On November 21, 2017, the Planning Commission held a public hearing on proposed changes to Chapters 1, 7, 18 and 20. No member of the public spoke on the proposed amendments. The Planning Commission voted unanimously to recommend that the City Council adopt these ordinances amending Chapters 1, 7, 18 and 20 of the Chanhassen City Code. A brief summary of each item discussed, a synopsis of the Planning Commission's discussion and any public comments can be found bellow. Proposed amendments not impacting Chapters 18 and 20 do not require a public hearing before the Planning Commission. A brief summary of these items is also included below. SUMMARY OF AMENDMENTS Lot Coverage Defmitions Report Summary: The City Code alternates between using the terms impervious surface and hardcover to describe areas where water cannot infiltrate and also uses the term lot coverage to limit what percentage of a property can be covered by impervious surfaces. The city's existing definition of impervious surface does not mesh with the definition used by other agencies and the city does not currently define pervious/permeable surfaces. Staff recommends amending the relevant definitions and terms to improve the clarity and consistency of the City Code. Ordinance in Brief The proposed ordinance would adopt a definition of impervious surface constant with that used by other entities, remove the term hardcover, adopt a definition of pervious pavement, and amend the definition of lot coverage to include both impervious surfaces and pervious pavements. Public Hearing: No comment from the public. The Planning Commission expressed concern that specific standards were not in place for pervious pavements and that maintenance was not addressed. Staff clarified that since the proposed changes would treat pervious pavements as lot coverage and the lot coverage caps were not increasing these issues would be handled by any agency requiring the installation of pervious pavement. Staff indicated that these items would need to be addressed when/if the city began treating pervious pavements and impervious surfaces differently. Recommended approval. Todd Gerhardt City Code Amendments to Chapters 1, 6, 7, 13, 14 18, 20 December 11, 2017 Page 3 of 7 Diseased Trees Report Summary: The city's existing diseased tree ordinance targets specific diseases which hinders the city's ability to proactively address emerging threats to the city's trees, particularly the threat posed by Emerald Ash Borers and other epidemic insect pests. Similarly, the ordinance does not address dead and dying trees which can threaten public safety through their fall risk. Staff recommends altering the language in the diseased tree ordinance to include invasive pests and adding provisions to address hazard trees. Ordinance in Brief The proposed ordinance would broaden the city's authority to declare trees suffering from epidemic diseases or pests a nuisance, and to require the appropriate remediation. Hazard trees are defined and classified as a nuisance. Public Hearing: Chapter 13 only, Planning Commission hearing not required. Drive Through Report Summary: Upon review of a report conducted by Spack Consulting, staff determined that the city's drive through stacking requirements are lower than what most projects require; however, staff also concluded that Spack's recommendations for most uses are higher than necessary for most uses within Chanhassen. Staff recommends increasing the city's stacking requirements and changing drive throughs to a conditional use, which will allow the city to require stacking studies to determine if a proposed project's provided stacking is adequate. Ordinance in Brief The proposed ordinance would increase the city's stacking requirements for all uses, and would change the classification of drive through facilities from a permitted use to a conditional use in all districts where they are currently allowed. Language clarifying that one menu board is allowed per drive through aisle was also added. Public Hearing: No comment from the public. The Planning Commission request clarification on if the stacking requirement was per -aisle or aggregate. Staff clarified it was total stacking for all aisles. The Planning Commission asked about the ability to evaluate impact on parking area and surrounding intersections. Staff clarified that classifying drive throughs as a conditional use would allow increased scrutiny for those types of impacts. Recommended approval. Todd Gerhardt City Code Amendments to Chapters 1, 6, 7, 13, 14 18, 20 December 11, 2017 Page 4of7 Parking Lot Sweeping Report Summary: Most forms of noise generating activity are prohibited before 7:00 a.m., with exceptions for necessary activities such as snow removal. The city receives sporadic complaints about businesses cleaning parking lots before 7:00 a.m.; however, it is often not practical for commercial and industrial properties to clean their parking lots during normal business hours. Staff recommends including parking lot sweeping in the list of exempted noise generating activities. Ordinance in Brief The proposed ordinance would exempt parking lot sweeping/cleaning from the limits placed on "construction, maintenance, and repair activities". Public Hearing: Chapter 13 only, Planning Commission hearing not required. Water Structures Report Summary: City Code requires individuals receive a 1 -year permit from the City Council before installing water obstacles (ski jumps, diving towers, etc.). Current practice is to allow the DNR and sheriff s offices to manage these uses. Staff recommends removing the sections of the City Ordinance that address permitting for water obstacles. Ordinance in Brief The proposed ordinance would remove the requirement for a council issued permit for water obstacles and stipulate that temporary permits for events involving these structures are governed by special/temporary event permits. Public Hearing: Chapter 6 only, Planning Commission hearing not required. Attached Structures Report Summary: The city's accessory structure size limits can be circumvented by nominally attaching an accessory structure to a property's primary structure. Staff recommends adopting a definition of attached structure in order to prevent this. Ordinance in Brief The proposed ordinance would define "attached structure" as sharing a common wall. Public Hearing: Chapter 1 only, Planning Commission hearing not required. Todd Gerhardt City Code Amendments to Chapters 1, 6, 7, 13, 14 18, 20 December 11, 2017 Page 5 of 7 PUD Setbacks Report Summary: Planned Unit Developments are designed to allow the city to customize a project's zoning to both its needs and the surrounding environmental features. Some of the city's Planned Unit Development (PUD) districts have mandatory project setbacks, while the others allow the City Council to modify the project setbacks in order to achieve superior design or protect environmental features. Districts with fixed setbacks require a variance in order to alter the project's setbacks, which is redundant as all aspects of the project's zoning are subject to review by the Planning Commission and approval by the City Council. Staff recommends granting all Planned Unit Development Districts flexible project setbacks. Ordinance in Brief The proposed ordinance would remove the required project setback for detached single-family PUD's and allow the City Council to increase/decrease the setback for single-family attached/cluster-home PVDs. Public Hearing: No comment from the public. The Planning Commission expressed concern that adequate buffering still be provided during infill development near existing single-family residential districts. Staff clarified that existing landscape buffering requirements would still apply and that the city had the discretion needed to require different types of buffering depending on the situation. Recommended approval. Street Guidelines Report Summary: The street guidelines established by Chapter 18 no longer conform to those recommended by MnDOT. This has created confusion and reduced design flexibility. Staff recommends adopting MnDOT's standards. Ordinance in Brief The proposed ordinance would require streets to meet the guideline established by the Minnesota Department of Transportation Road Design Manual. Public Hearing: No comment from the public. Recommended approval. Private Street Signs Report Summary: The city does not have any standards in place for signage located on private streets. Signs and pavement marking have been installed that do not meet the standards espoused by the Minnesota Todd Gerhardt City Code Amendments to Chapters 1, 6, 7, 13, 14 18, 20 December 11, 2017 Page 6 of 7 Manual on Uniform Traffic Devices (MN-MUTCD). This can lead to motorist confusion and legibility issues. Staff recommends applying MN-MUTCD standards to private streets. Ordinance in Brief The proposed ordinance would require private streets to adhere to MN-MUTCD standards. Public Hearing.- No earing:No comment from the public. The Planning Commission expressed concern that the manual may prevent private street names from appearing on blue signs. Staff investigated and discovered the manual allows the colors blue, white, and brown to be used instead of green to denote jurisdictional authority. Recommended approval. Adult Day Care Report Summary: The City Code does not differentiate between child and adult oriented day cares. Due to the fact that adult day cares do not require play areas and have more variable staffing, these uses should be treated differently within the City Code. Staff recommends adopting a definition of adult day care, making them permitted uses, and establishing appropriate parking standards. Ordinance in Brief The proposed ordinance would adopt the state's definition of adult day care, list adult day care as a permitted use in all districts that currently allow day cares, establish general performance standards for adult day cares, and establish parking standards for adult day cares. Public Hearing: No comment from the public. The Planning Commission expressed concern over the use of the term "functionally impaired adult". Staff clarified that the term was derived from the state definition and served to differentiate adult day cares from senior activity centers and other senior uses with a more recreational orientation. Recommended approval. Fishing on Swim Beaches Report Summary: City Code does not contain any provisions regulating the use of public swimrning beaches. 'There have been several incidences of individuals not respecting this public resource, especially with regards to fishing in designated swimming areas. Staff is recommending that this activity be prohibited. Ordinance in Brief The proposed ordinance would prohibit fishing in areas designated for swimming. Public Hearing: Chapter 14 only, Planning Commission hearing not required. Todd Gerhardt City Code Amendments to Chapters 1, 6, 7, 13, 14 18, 20 December 11, 2017 Page 7 of 7 A full discussion of these items can be found in the attached staff reports. "The Chanhassen City Council approves an Ordinance amending Chapters 1, 6, 7, 13, 14, 18, and 20 of the Chanhassen City Code, and approves a Summary Ordinance for Publication Purposes." ATTACHMENTS 1. Proposed Ordinance. 2. Summary Ordinance for publication purposes. 3. Staff Report: Impervious surface and related definitions. 4. Staff Report: Control and Prevention of Diseased Trees. 5. Staff Report: Drive Through. 6. Staff Report: Parking Lot Sweeping. 7. Staff Report: Water Obstacles. 8. Staff Report: Definition of Attached Structure. 9. Staff Report: PUD Setbacks. 10. Staff Report: Road Design Standards. 11. Staff Report: Private Street Signs. 12. Staff Report: Adult Daycare 13. Staff Report: Fishing on Swim Beaches GAPLAN\City Code\2017\Various\Omnibus\Executive Summary of ItemsCC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 628 AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, CHAPTER 6, BOATS AND WATER WAYS, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 13, NUISANCES, CHAPTER 14, PARKS AND RECREATION, CHAPTER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-2 of the Chanhassen City Code is amended read as follows: Adult day care means a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care. Adult day care does not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals. Attached Structure. See Structure, attached. Church means a building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. A church may include living quarters for persons employed on the premises and classroom facilities. The following are not considered as churches: camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats extending for periods of more than one day. Bible camps with live-in quarters, publishing establishments, ritual slaughterhouses, radio or television towers and transmission facilities, theological seminaries, day care centers, adult day care, hospitals, and drug treatment centers are not churches. (10) (20) Impervious surface means a surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not limited to, structures, storage areas, roads, sidewalks, patios, driveways, or parking lots made of concrete, asphalt, rock, or non -pervious pavement systems. (20) Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces and pervious pavement. (20) Pervious pavement allows storm water runoff to filter though surface voids into an underlying stone reservoir where it is temporarily stored and/or infiltrated. Examples of this technology include, but are not limited to porous pavers and permeable interlocking concrete pavers (PICP). Structure means anything manufactured, built, constructed, erected, or a portion thereof which is normally attached to or positioned on land, whether temporary or permanent in character, including, but not limited to, buildings, fences, sheds, advertising signs, dog kennels, hard surface parking areas, boardwalks, playground equipment, patios, or concrete slabs. (7) 20) Structure, attached means any structure that is attached to another structure by a common wall. Section 2. Section 6-3 through Section 6-4 of the Chanhassen City Code is amended to read as follows: Sec. 6-3. — Temporary event permits. A temporary exemption from this chapter may be obtained through a permit issued for special events, trials and races as provided for in Sec. 20-964. Sec. 6-4. Reserved. Section 3. Section 7-19(12) of the Chanhassen City Code is amended to read as follows: (12) Indication of direction of surface water drainage by arrows; Section 4. The Chanhassen City Code is amended by adding Section 7-19(21) to read as follows: (2 1) Calculation of the amount and percentage lot coverage for the lot or parcel Section 5. Section 13-27 through Section 13-35 of the Chanhassen City Code is amended to read as follows: Sec. 13-27. — Declaration of policy. The City of Chanhassen has determined that the health of the trees within the municipal limits is threatened by epidemic diseases and pests. It has further determined that the loss of trees growing upon public and private property will substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the council to control and prevent the spread of these diseases and pests, and this article is enacted for that purpose, and to conform to the policies and procedures embodied in Minnesota Statutes, Chapters 18 and 89, as amended, and rules promulgated there under. Sec. 13-28. — Reserved. Sec. 13-29. — Tree disease program It is the intention of the city council to conduct a program of plant pest control pursuant to the authority granted by M.S. § 18G.01. This program is directed specifically at the control and elimination of tree diseases and pests and is undertaken at the recommendation of the commissioner of agriculture. The city forester shall act as coordinator between the commissioner of agriculture and the city in the conduct of this program. Sec. 13-30. —Nuisances declared; abatement; firewood storage. Nuisances declared. The following are public nuisances whenever they may be found within the City of Chanhassen: (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Opiostoma ulmi or O. novo-ulmi or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.), S. schevyrewi or Hylurgopinus rufipes (Marsh). (2) Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other Elm material from which the bark has not been removed as provided in M.S. § 18G.04. (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum. (4) Any dead tree in the Red Oak group, or part of any such tree, including logs, branches, stumps, firewood, or other Red Oak material from which the bark has not been removed. (5) Other trees with epidemic diseases or any insect and/or pest that threatens the health of trees. (6) Any tree which, in the opinion of the Tree Inspector has become or threatens to become a hazard so as to adversely affect the public safety, whether such tree shall be on public or private property. Sec. 13-31. —Abatement It is unlawful for any person, firm, or corporation to permit any public nuisance as defined in section 13-30 to remain on any premises owned or controlled by such person or entity within the City of Chanhassen. Such nuisance may be abated in the manner prescribed by this article in addition to the criminal penalties provided for in this article. Sec. 13-32. — Elm and oak wood storage Stockpiling and storage of elm logs and branches with bark intact or tight -barked wood from an infected tree in the Red Oak group is prohibited except during the period September 15 through April 1 of the following year. Only during this period shall such storage be permitted. Authorization for storage per this article shall only be permitted for residential premises. Sec. 13-33. — Inspection and investigation. (a) Annual inspection. The forester shall inspect all premises and places with the city as often as practicable to determine whether any condition described in section 13-30 of this article exists thereon. He/she shall investigate all reported incidents of infestation by Dutch Elm fungus or elm bark beetles, or Oak Wilt, or other epidemic diseases or pests of trees or hazardous trees. (b) Entry of private premises. The forester or his/her duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him/her under this article. (c) Diagnosis. The forester or his/her duly authorized representative shall identify diseased or infested trees by generally accepted field symptoms such as, but not limited to, wilting, yellowing of leaves, evidence of larva or insects, or staining of wood. Laboratory confirmation by the Minnesota Department of Agriculture will be used only when it is necessary. (d) The Tree Inspector shall assess potentially hazardous trees. A hazard tree is a tree that has structural defects in the roots, stem or branches that may cause the tree or part thereof to fail, where such failure may cause personal injury or property damage to a target. A `target' includes, but is not limited to people, vehicles, buildings, property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial to habitat protection. Sec. 13-34. — Abatement of tree disease nuisances. In abating the nuisances defined in section 13-30, the forester shall cause the infected or infested tree or wood to be chemically -treated, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases and pests of trees, including, but not limited to, Dutch Elm disease fungus, elm bark beetles, and Oak Wilt Disease. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the commissioner of agriculture. Sec. 13-35. — Procedure for removal of infected or hazard trees and wood. (a) Forester's abatement order. Whenever the forester finds with reasonable certainty that one or more of the infestations defined in section 13-30 exists in any trees or wood in any public or private place, the owner shall be notified by mail and ordered to remove, not more than 20 days from the date of the mailing of such notice, the same in a manner approved by the forester. If the forester identifies a hazard tree, the property owner shall be notified by mail and by leaving a notice on the property that the nuisance must be abated within a specified time. If the owner fails to comply with the order, the city manager may act to abate the nuisance. In the event that the owner cannot be contacted, the city shall send notice by certified mail to the last known address of the owner of record, and shall then proceed forthwith to abate the nuisance. (b) Methods of disposal of diseased or infested trees. All diseased or infested trees including the above ground parts thereof shall be properly disposed of by such methods including debarking, chipping, and utilization as recommended by the MN Dept. of Agriculture. (c) Removal and disposal of diseased trees in the Red Oak group. All diseased oak trees in the red oak group that wilt in July and August shall be identified, marked, and removed by April 1 of the following year in order to eliminate any spore formation on them the following May or June. Trees in the northern red oak group include the northern red oak (Quercus rubra), northern pin oak (Quercus ellipsoidalis), black oak (Quercus velutina), and scarlet oak (Quercus coccinea). Methods of disposal include chipping and utilization. 11 (d) Control of overland spread of Oak Wilt. To control the overland spread of the disease, the city shall avoid pruning or other mechanical damage during the most susceptible period of April, May and June. The city forester may determine that emergency pruning by utility companies is necessary during this susceptible period if trees interfere with utility lines. If wounding is unavoidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, a tree wound dressing shall be applied. (e) Stumps of diseased elms and oaks and other trees affected by arboreal disease. Stumps of all elm and oak trees shall be removed or debarked to the groundline to eliminate all possibilities of beetle habitation or possibilities of spore formation. (f) Special assessments. From time to time, the city shall list the total unpaid costs of abatement attributable to such separate lot or parcel of land in this city. The council then may spread said costs or any portion thereof against the property involved as a special assessment under M.S. Ch. 429 and other pertinent statutes, for certification to the county auditor and collection the following year along with current taxes. The council may consider deferments for hardship. The assessment may be deferred on homestead property if the owner is a person 65 years of age or older who is retired and/or by virtue of total or permanent disability for whom it would be a hardship to make the payments for tree removal(s). Section 6. Section 13-52 of the Chanhassen City Code is amended to read as follows: Sec. 13-52. - Hourly restriction on certain operations. (a) Recreational vehicles and snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational vehicle not licensed for travel on public highways. (b) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m. (c) Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas -powered machine or other power equipment except between the hours of 7:00 a.m, and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Construction activities in conjunction with new developments and city improvement projects, including but not limited to grading, utility installation and street paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven days of the week. 5 (d) Exceptions. The following uses and activities are exempt from this section as specified below: (1) Snow removal motor vehicles, equipment and operations are exempt from subsection 13- 52(b) and (c). (2) Excavation/grading operations are exempt from subsection 13-52(c), but must comply with section 7-45. (3) Outdoor recreational uses are exempt from subsection 13-52(b) and (c). (4) Parking lot sweeping/cleaning vehicles, equipment, and operations are exempted from subsection 13-52(c). Section 7. The Chanhassen City Code is amended by adding section 14-70 to read as follows: Sec. 14-70. Public Swimming beaches 1. No person shall fish in an area designated for swimming. Section 8. Section 18-40(2)(k)(b) of the Chanhassen City Code is amended to read as follows: b. 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, floodplains and designated wetlands. Calculation of allowable lot cover may include bluffs and floodplain but shall specifically exclude designated wetlands. Section 9. Section 18-57(h) of the Chanhassen City Code is amended to read as follows: (h) Different connecting street grades shall be connected with vertical curves. The vertical curve length shall conform to the requirements of the Minnesota Department of Transportation Road Design Manual, latest revision. Section 10. Section 18-57(p)(7) of the Chanhassen City Code is amended to read as follows: (7) The private street serving residential development with a density of less than four units per acre, must be located within a strip of property at least 30 feet wide extending out to the public right-of-way or covered by a 30 -foot wide easement that is permanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street, nor the lot coverage of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates, the area of the easement and lot coverage of the driveway shall be included in the calculation of lot area and lot coverage for the lot. Section 11. Section 18-57(p)(8) of the Chanhassen City Code is amended to read as follows: (8) Private streets serving residential development with a density equal to or greater than four units per acre, commercial, office, office industrial, or mixed-use districts, must be located within a strip of property at least 40 feet wide extending out to the public right-of-way or covered by a 40 -foot wide easement that is permanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street, nor lot coverage of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates, the area of the easement and lot coverage of the driveway shall be included in the calculation of lot area and lot coverage for the lot. Section 12. The Chanhassen City Code is amended by adding section 18-57(p)(10) to read as follows: (10) Private streets are required to use traffic control that is consistent with the current version of the Minnesota Manual on Uniform Traffic Control Devices as per Section 20-1103 (b). Section 13. Section 18-57(r)(4) of the Chanhassen City Code is amended to read as follows: (4) Sufficient open space is preserved or other provisions are made to offset the increased percentage of lot coverage that will be contained within the neck portion of the lots. Section 14. Section 18-600) of the Chanhassen City Code is amended to read as follows: (j) Proposed house sizes shall be shown on the subdivision plan and shall be designed to accommodate residents' future house expansion (e.g., porches) and accessory structures (e.g., decks and patios) as well as the driveway and sidewalks to building entrances. If house plans are not known, then a 60 foot by 60 foot building pad and a 30 -foot wide access driveway shall be used. The maximum permitted lot coverage shall be calculated for each lot and the permitted houses and structures shall be limited to those sizes. Section 15. Section 20-109(4)(h)(4) of the Chanhassen City Code is amended to read as follows: 4. Percent of lot coverage on site. Section 16. Section 20-109(7)(b) of the Chanhassen City Code is amended to read as follows: b. 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, floodplains and designated wetlands. Calculation of allowable lot coverage may include bluffs and floodplains but shall specifically exclude designated wetlands. Section 17. Section 20-254(4) of the Chanhassen City Code is amended to read as follows: (4) Lot coverage shall not exceed 70 percent of the site and the remainder is to be suitably landscaped in conformance with Article XXV. Section 18. Section 20-292 of the Chanhassen City Code is amended to read as follows: Sec. 20-292. Drive-through facilities. Drive-through facilities for any use shall comply with the following standards: (1) They shall not be located adjacent to any residential lot lines. (2) They shall be provided with a suitable visual screen from adjacent properties. (3) Stacking shall be provided within applicable parking lot setbacks. (4) Stacking shall meet the following standards: a. Banks: 5 vehicles (100 feet) b. Coffee Shops: 13 vehicles (260 feet) c. Fast-food restaurant: 12 vehicles (240 feet) d. Pharmacy: 4 vehicles (80 feet) e. Car washes: 4 vehicles (80 feet) f. Other uses: 4 vehicles (80 feet) (5) The city may require a vehicle stacking study to determine whether more or less stacking shall be required for a particular use. (6) Stacking areas shall not interfere with vehicular circulation in the parking lot, nor encroach into any required drive aisles. (7) Speaker or intercom system shall not be audible at the property line. Section 19. Section 20-296 of the Chanhassen City Code is amended to read as follows: Sec. 20-296. — Fast-food restaurants. The following applies to fast-food restaurants: (1) The site shall be located only on sites having direct access to minor arterial streets, collectors or service roads. (2) No outside speaker systems shall be allowed without approval from the city council. (3) Stacking areas for drive-through windows, if present, shall conform to appropriate parking setbacks. (4) Building shall be set back at least 100 feet and screened from any adjacent property designated for residential use in the comprehensive plan. Section 20. Section 20-485 of the Chanhassen City Code is amended to read as follows: Sec. 20-485. - Stormwater management. Lot coverage of lots shall not exceed 25 percent of the lot area, except as follows: (1) Thirty-five percent for medium/high density residential zones; and (2) Seventy percent in industrial zones within the Lake Susan Shoreland District. Section 21. Section 20-490(a)(3) of the Chanhassen City Code is amended to read as follows: (3) The lot coverage does not exceed 25 percent. Section 22. Section 20-490(b)(3) of the Chanhassen City Code is amended to read as follows: (3) Lot coverage must not exceed 25 percent of each lot; and Section 23. Section 20-505(e) of the Chanhassen City Code is amended to read as follows: (e) Lot coverage shall be limited as follows: Comprehensive Plan Designation Lot Coverage (%) Low or medium density residential 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Mixed use 70* Individual lots within PUD may exceed these standards as long as the average meets these standards. Section 24. Section 20-506(e) of the Chanhassen City Code is amended to read as follows: (e) Minimum setbacks: (1) Front yard: 30 feet. The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (2) Rear yard: 30 feet. (3) Side yard: Ten feet. (4) Accessory buildings and structures: Located adjacent to or behind principal structure a minimum of ten feet from property line. Section 25. Section 20-508(c) of the Chanhassen City Code is amended to read as follows: (c) Setback standards/structures and parking: (1) PUD exterior: 50 feet. The 50 -foot PUD exterior setback may be changed, increased or decreased, by the city council as part of the approval process when it is demonstrated that environmental protection or development design will be enhanced. (2) Interior public right-of-way: 30 feet. The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (3) Other setbacks: Established by PUD agreement. Section 26. Section 20-641 of the Chanhassen City Code is amended to read as follows: Sec. 20-641. - Intent. The intent of the "RLM" district is to provide for single-family attached or detached residential development on land guided residential—low or medium density in the city's comprehensive plan with a maximum net density of eight units per acre. The "RLM" district is intended to be used where large areas of upland will be preserved or created as permanent open space to balance the higher lot coverage permitted on individual lots. Section 27. The Chanhassen City Code is amended by adding Section 20-652(7) to read as follows: (7) Adult Day Care, subject to the requirements of Sec. 20-966. Section 28. The Chanhassen City Code is amended by adding Section 20-672(5) to read as follows: (5) Adult Day Care, subject to the requirements of Sec. 20-966 Section 29. The Chanhassen City Code is amended by adding Section 20-681(5) to read as follows: (5) Adult Day Care, subject to the requirements of Sec. 20-966 Section 30. The Chanhassen City Code is amended by adding Section 20-692(15) to read as follows: (15) Adult Day Care, subject to the requirements of Sec. 20-966 10 Section 31. Section 20-694 of the Chanhassen City Code is amended to read as follows: Sec. 20-694. - Conditional uses. The following are conditional uses in a "BN" District (1) Bed and breakfast establishments. (2) Convenience store with gas pumps. (3) Banks with drive-through facilities (4) Fast food restaurants without a drive-through as part of a shopping center. (5) Motor fuel station. (6) Reserved. (7) Standard restaurants. Section 32. Section 20-712 of the Chanhassen City Code is amended to read as follows: Sec. 20-712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast-food restaurant. (7) Financial institutions (8) Funeral homes. (9) Health services. (10) Liquor stores. (11)Miniature golf. (12)Motels and hotels. (13) Offices. (14)Personal services. (15)Private clubs and lodges. (16) Reserved. (17) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) Utility services. Section 33. The Chanhassen City Code is amended by adding Section 20-712(21) to read as follows: (21) Adult Day Care, subject to the requirements of Sec. 20-966 11 Section 34. Section 20-714 of the Chanhassen City Code is amended to read as follows: Sec. 20-714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. (4) Drive-through facilities (5) Emission control testing stations. (6) Garden centers. (7) Motor fuel stations. (8) Outdoor storage. (9) Reserved. (10) Small vehicle sales. (11) Supermarkets. (12) Towers as regulated by article XXX of this chapter. Section 35. Section 20-734 of the Chanhassen City Code is amended to read as follows: Sec. 20-734. - Conditional uses. The following are conditional uses in a "CBD" district: (1) Drive-through facilities. (2) Freestanding fast-food restaurants. (3) Reserved. (4) Convenience store with gas pumps. Section 36. Section 20-744 of the Chanhassen City Code is amended to read as follows: Sec. 20-744. - Conditional use. (1) Drive-through facilities. (2) Gun range, indoor (only in conjunction with and accessory to a sporting goods store). (3) Screened outdoor storage. Section 37. Section 20-752 of the Chanhassen City Code is amended to read as follows: Sec. 20-752. - Permitted uses. The following uses are permitted in a "BG" district: (1) Animal hospital. (2) Antenna. 12 (3) Bars and taverns. (4) Bowling center. (5) Community center. (6) Convenience stores without gas pumps. (7) Day care center. (8) Entertainment. (9) Fast-food restaurants. (10)Financial institutions (11) Funeral homes. (12) Garden centers. (13)Hardware goods. (14) Health and recreation clubs. (15)Health services. (16) Home improvement trades building supply centers. (17) Miniature golf. (18) Motels. (19)Newspaper and print shop. (20) Offices. (21)Personal services. (22) Private clubs and lodges. (23) Reserved. (24) Senior citizen housing. (25) Small appliance and similar repair shops. (26) Specialty retail. (27) Standard restaurants. (28) Supermarkets. (29) Utility services. (30) Veterinary clinic. Section 38. The Chanhassen City Code is amended by adding Section 20-752(31) to read as follows: (3 1) Adult Day Care, subject to the requirements of Sec. 20-966 Section 39. Section 20-754 of the Chanhassen City Code is amended to read as follows: Sec. 20-754. - Conditional uses. The following are conditional uses in a'BG" district: (1) Drive-through facilities (2) Truck, automobile, farm implement, recreational vehicles and boat sales and service. (3) Equipment rental. (4) Screened outdoor storage. (5) Major auto repair and body shops. (6) Convenience stores with gas pumps. 13 (7) Motor fuel stations. Section 40. The Chanhassen City Code is amended by adding Section 20-812(14) to read as follows: (14) Adult Day Care, subject to the requirements of Sec. 20-966 Section 41. Section 20-905(6) of the Chanhassen City Code is amended to read as follows: (6) Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum ten feet by ten feet area of patio shall be assumed. This patio area must be shown to comply with required property line, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's lot coverage above that permitted by ordinance. Section 42. Section 20-963 of the Chanhassen City Code is amended to read as follows: Sec. 20-963. Reserved Section 43. The Chanhassen City Code is amended by adding Section 20-966 to read as follows: Sec. 20-966. — Adult Day Care. 1. The site shall have loading and drop off points designed to avoid interfering with traffic and pedestrian movements. 2. The Adult day care shall obtain all applicable state, county and city licenses. Section 44. Section 20-1103 of the Chanhassen City Code is amended to read as follows: Sec. 20-1103. Private streets. a) Private streets are prohibited unless created and maintained pursuant to City Code subsections 18-57 (n), (o), (p) and (s). Lots of record created prior to December 10, 1990 are exempt from the private streets requirements. b) Private streets are required to use traffic control that is consistent with the current version of the Minnesota Manual on Uniform Traffic Control Devices. Section 45. Section 20-1072(h) of the Chanhassen City Code is amended to read as follows: (h) Where building sites limit planting, the placement of trees in parkways, gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consideration shall be given to the special needs of plants surrounded by impervious surfaces. In these instances, preference is given to surrounding plantings with pervious pavement to allow for the infiltration of stormwater into the root zone. 14 Section 46. Section 20-1112(6) of the Chanhassen City Code is amended to read as follows: (6) For A-2, PUD -R for single-family detached houses, RR, RSF, R-4 and RLM for single- family detached residential uses, the width of the driveway access shall not exceed 24 feet at the right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway. Inside the property line of the site, the maximum driveway width shall not exceed 50 feet. For flag/neck lots the lot coverage of the driveway access within the neck portion of flag/neck lots shall not exceed 33 percent of the neck's area. For all lots the minimum driveway width shall not be less than ten feet. Section 47. Section 20-1181(a) of the Chanhassen City Code is amended to read as follows: (a) When parking lot perimeters where vehicular areas, including driveways and drive aisles, are not entirely screened visually by an intervening building or structure or land mass from any abutting right-of-way, there shall be provided landscaping designed to buffer direct views of cars and vehicular use areas. The landscaping must break up expanses of vehicular use areas, help to visually define boulevards and soften direct views of parking areas and provide for reforestation with overstory tree from the approved tree species list identified for parking or other species as approved by city staff. All new planting areas must have an irrigation system installed. Publicly owned and operated parking lots used for long duration parking may be exempt from this requirement when there is a demonstrated concern regarding security safety. Section 48. The Chanhassen City Code is amended by adding Section 20-1124(2)(y) to read as follows: (y) Adult Day Care: One stall per employee plus one stall per facility vehicle, plus one stall per 15 clients of design capacity Section 49. Section 20-1303(4) of the Chanhassen City Code is amended to read as follows: (4) Menu board. One menu board sign per restaurant drive-through aisle is permitted with a drive-through facility. Such sign shall not exceed 45 square feet in size, nor greater than eight feet in height. Such sign is permitted in addition to any other sign permitted in the zoning district. Section 50. Section 20-1408 of the Chanhassen City Code is amended to read as follows: Sec. 20-1408. - Lot coverage 15 Lot coverage, impervious surfaces and pervious pavement, within the bluff setback may contribute to bluff instability due to increased runoff and/or erosion. Lot coverage is prohibited within the bluff setback unless specifically authorized within this article. Section 51. Section 20-1556 of the Chanhassen City Code is amended to read as follows: Sec. 20-1556. - Impervious surface, lot coverage, and slopes. To the greatest extent possible, all development shall minimize the amount of lot coverage by clustering development, using common access drives and utility corridors and minimizing building footprint size. Roads, walkways, bike trails, and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of natural topography and vegetation. Management of surface runoff caused by impervious surfaces shall be designed using practices delineated in the city's surface water management plan. Within the secondary zone of the BCO district, areas with average slopes exceeding 25 percent shall be preserved in their natural state and maintained as permanent open space. Areas with average slopes less than 25 percent but greater than ten percent shall not exceed 25 percent lot coverage. Lot coverage for areas where average slopes are less than ten percent shall be governed by the underlying zoning district. Section 52. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this l la' day of December, 2017 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Denny Laufenburger, Mayor (Summary Ordinance 628 published in the Chanhassen Villager on December 21, 2017) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 628 AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, CHAPTER 6, BOATS AND WATER WAYS, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 13, NUISANCES, CHAPTER 14, PARKS AND RECREATION, CHAPTER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE The purpose of these code amendments are to amend Section 1-2 to define the term adult day care, define attached structures as those sharing a common wall, define the term structure, define the terms impervious surface and pervious pavement, and to include impervious surfaces and pervious pavements in the definition of lot coverage; to amend Section 6-3 to subject temporary water structures to the temporary events ordinance; to amend Section 6-4 to remove the requirement for water obstacles to be approved by the City Council; to amend Section 7-19(12) and (21) to require site plans include lot coverage calculations; to amend Section 13-27 through Section 13-35 to classify trees suffering from epidemic diseases and pests or posing a fall hazard as nuisances, and to provide for the remediation of these nuisances; to amend Section 13-52 to exempt parking lot cleaning/sweeping form hourly noise restrictions; to add Section 14-70 to prohibit fishing in areas designated for swimming; to amend Section 18-40(2)(k)(b) to require calculation of allowable lot coverage; to amend Section 18-57(h) to require vertical curves to conform to the Minnesota Department of Transportation Road Design Manual standards; to amend Section 18-57(p)(7-8), Section 18-57(r)(4), Section 18-600), Section 20-109(4)(h)(4), Section 20-109(7)(b), Section 20-254(4). Section 20-485, Section 20-490(a)(3); Section 20- 490(b)(3), Section 20-505(e), Section 20-641, and Section 20-1408 to use the term lot coverage rather than impervious surface; to amend Section 18-57(p)(10) to require private streets to use signage consistent with the Minnesota Manual on Uniform Traffic Control Devices; to amend Section 20-292 to list standards for issuing a conditional use permit for a drive through facility; to amend section 20-296 to include phrase "if present'; to amend Section 20-506(e) and Section 20-508(c) to all the City Council to grant Planned Unit Developments reduced project setbacks when warranted by design or environmental considerations; to amend Section 20-652(7), Section 20-672(5), Section 20-681(5), Section 20-692(15), Section 20-712(21), Section 20- 752(31), and Section 20-812(14) to include adult day care in their lists of permitted uses; to amend Section 20-694 to list banks with drive through facilities as a conditional uses; to amend Section 20-712 and Section 20-752 to remove drive through services from list of permitted uses; to amend Section 20-714, Section 20-734, Section 20-744, and Section 20-754 to list drive through facilities as a conditional use; to amend Section 20-905(6) to replace term hard surface area with lot cover; to amend Section 20-963 to remove general performance standards for drive throughs; to add Section 20-966 list general performance standards for adult day cares; to amend Section 20-1103 to correctly reference 18 -57(n -p) and (s) and to require private street signs conform to the standards espoused by the Minnesota Manual on Uniform Traffic Control Devices; to amend Section 20-1072(h) to encourage surrounding landscaping with pervious pavement rather than impervious surfaces; to amend Section 20-1181(a) to replace the term hard surface area with vehicular use area; to amend Section 20-1124(2)(y) to require one stall per employee plus one stall per facility vehicle plus one stall per 15 clines of design capacity of parking for adult day cares; to amend section 20-1303(4) to allow on menu board sign per drive through facility; and, to amend Section 20-1556 to include the term lot coverage and use it in place of impervious surface where appropriate. A printed copy of Ordinance No. 628 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 11th day of December, 2017, by the City Council of the City of Chanhassen. (Publish in the Chanhassen Villager on December 21, 2017) 2 CITY OF CHANHASSEN Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow MEMORANDUM TO: FROM: DATE: SUBJ: Todd Gerhardt , City Manager Vanessa Strong, Water Resources Coordinator MacKenzie Walters, Assistant Planner December 11 , 2017 Impervious surface and related d efinitions Proposed Motion: "The City Council adopts the attached ordinance amending Chapters 1, 7 , 18 and 20 of the Chanhass en C ity Code." BACKGROUND Staff contracted with Wenck Associates, Inc. to assist in determining the p otential ramifications of modifying the city's existing policy on permeable pavements. Dming the June 26, 2017 City Council Wor k Session staff presented the results of the consultant's stud y and internal research to the City Council. Staff was directed to draft an ordinance allowing for the use of permeable pavers located in low-densi ty residential di stricts outside of the Shoreland Overlay District. During the September 25 , 2017 City Council Work Session staff discussed the proposed ordinance, and the City Council instructed staff to bring the proposal before the Planning Commission. During the October 17 , 2017 Public Hearing, the Planning Commission expressed concerns about the long term impact of increasing residential lot coverage. They expressed concerns about both the lon g-tenn efficacy of these systems and the city's capacity to identify, inspect, and enforce ma intenance agreements. The Planning Commission indicated that additional research and public input should be gathered before altering the existing policy. The Planning Commission tabled the proposed code revisions and instructed staff to bring back an ordinance that resolved the issues identified with the terms lot coverage, impervious surface, and hardcov er, but which did n ot increase the amount o flot coverage currently allowed in re s idential districts. PH 952.221.1100 • www.ci.chanhassen.mn.us • FXss2.221.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • M I NN ESOTA 55317 Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 2 of26 DISCUSSION The City Code alternates between using the terms impervious surface and hardcover to describe areas where water cannot infiltrate and also uses the term lot coverage to limit what percentage of a property can be covered by impervious surfaces. The City Code does not currently have a definition for pervious/permeable surfaces. Issue 1: Definition of Impervious Surface The city Defines impervious surface as any material that substantially reduces or prevents the infiltration of stormwater. It shall include, but not be limited to, gravel driveways, parking area, buildings, and structures. This definition is fairly broad, but the use of the word substantially can create gray areas as some substances, like permeable pavements , do allow for the infiltration of storm water but also meet the city's definition of a structure. Other agencies define impervious surface in the following ways: 1) The Minnehaha Creek WD defines impervious as: surfaces that are compacted or covered with a layer of material such that it is highly re sistant to infiltration of runoff including but no t limited to gravel, rock, asphalt, concrete, and non-pervious paver systems. 2) The Riley Purgatory Bluff Creek WD defines impervious surface as: any exposed surface that ha s been compacted or cover ed with a layer of material, or is likely to become compacted from expected, use, such that it is highly resistant to infiltration. 3) The Carver County WMO defines impervious as: a c onstructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, s idewalks, patios, driveways, parking lots, storage areas, and concr ete, asphalt, or gravel roads. Because there are variations between WD/WMO definitions staff believes that adopting a slightly expanded version of the MPCA Minnesota Stormwater Manual definition would clearly define impervious surfaces in a manner most consistent with other organizations that regul ate impervious surfaces. Staff proposes adopting the following definition of impervious surface: Impervious surface: means a surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not limited to, structures, storage areas, roads, sidewalks, patios, driveways, or parking lots made of concrete, asphalt, rock, or non- pervious pavement systems. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 3 of26 In several areas of the City Code, the phrase impervious cover is also used. In the interests of clarity and consistency, staff proposes that impervious cover be replaced with impervious surface. Issue 2: Definition of Pervious Pavement The city defines all types of pavement as impervious surfaces; however, modem technology has created pavements that function as pervious surfaces. While the city may still choose to include these materials in lot coverage calculations , it makes sense to acknowledge that some surfaces are pervious and to differentiate them from impervious surfaces. Furthermore, the city can use a definition of pervious pavements to establish minimum standards for proposed pervious surfaces and allow them to be used within established lot coverage limits. Other entities define pervious/permeable pavements in the following ways: 1) The MPCA Stormwater Manual defines the more encompassing definition of permeable pavement as follows: Permeable pavements allow stormwater runoff to filter through surface voids into an underlying stone reservoir where it is temporarily s tored and/or infiltrated. The most commonly used permeable pavement surfaces are pervious concrete, porous asphalt, and permeable interlocking concrete pavers (PICP). 2) The Interlocking Concrete Pavement In st itute (ICPI) describes permeable interlocking concrete pavements (PICP) as: PJCP consists of solid concrete units molded with joints and/or openings that create an open area across the pavement sur:face. Th e openings allow water from storm events to flow freely through th e surface into an open-graded base where it is collected and s tored before it infiltrates into th e underlying soils. For low-infiltration rate soils, drain pipes are often placed in the subbase to drain excess water, th ereby functioning as a detention facility with some infiltration. 3) The Minnehaha Creek WD defines pervious as: surfaces that are readily penetrated or permeated by rainfall or runoff resulting in infiltration and reduced runoff 4) The Carver County WMO defines pervious as: a surface that is readily penetrated or permeated by rainfall or runoff resulting in infiltration and reduced runoff Staff proposes adopting the following definition of pervious pavements: Pervious pavement allows storm water runoff to filter though surface voids into an underlying stone reservoir where it is temporarily stored and/or infiltrated. Examples of this technology include, but are not limited to porous pavers and permeable interlocking concrete pavers (PICP). The goal of thi s definition i s to create a standard for surfaces that the city considers to be pervious and to differentiate these surfaces from impervious surfaces. Staff cho se to adopt a narrow definition of pervious pavement rather than a broader definition of pervious for the following reasons: Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 4 of26 1. To reduce the risk of surfaces that do not function at or above the level of PICPs being able to meet the definition. 2. Impervious and pervious surfaces are terms and tools used in stormwater management for the purpose of operating stom1water utility fee programs. Stormwater utility fee calculations are not based on lot coverage, or hard surface. Pervious surfaces include green space/vegetated cover. Pervious pavement is a type of pervious surface, but not all pervious surfaces are pavement. This is important in situations where the Planning Commission or City Council may choose to grant a lot coverage variance with the condition that a certain percentage of the property's lot coverage be comprised of pervious pavement. Issue 3: Definition of Lot Coverage The city does not directly regulate impervious surface in most zoning districts, but rather regulates lot coverage, which it defines as that portion or percentage of a lot that is covered by impervious surface. The city uses limits on lot coverage to regulate the intensity ofland use in industrial and commercial districts and to ensure minimum amounts of green/open space in residential districts. If the city moves forward with creating a definition for pervious pavements and does not amend its definition of lot coverage to include these surfaces it will create a situation where only property setbacks limit the amount of pervious pavement that can be installed on a property. In order to prevent that staff recommends that city adopt the following definition: Lot Coverage: means that portion or percentage of a lot that is covered by impervious surfaces and pervious pavement. Issue 4: Hardcover The terms hard surface, hard surface coverage, and hardcover are used sporadically throughout the City Code. Of these terms only hardcover is defined. The city defines hardcover with a note reading Se e impervious surface. Staff proposes that the terms hard surface, hard surface coverage, and hardcover be removed from the City Code and replaced with the tenns impervious surface or lot coverage as appropriate. This will remove ambiguous and potentially confusing terminology from the City Code. ALTERNATIVES 1) Do nothing. Staff, contractors, and residents have a working understanding of the existing nomenclature. 2) Adopt the proposed definitions, amended code for consistent use of terms lot coverage and impervious surface, and remove the term hardcover/hard surface. Todd Gerhardt Impervious surface and related definitions December 11, 201 7 Page 5 of26 RECOMMENDATION Alterative 2 would remove potential areas of confusion within the City Code and would reconcile the city's definition of Impervious Surface with other entity's definitions. Staff proposes the following changes be made to the City Code: Sec. 1-2. -Rules of Construction and definitions Herdeo,,,cr. See Im,pcr¥ious surface . Impervious surface means a surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not limited to, structures, storage areas, roads, sidewalks, patios, driveways, or parking lots made of concrete, asphalt, rock, or non-pervious pavement systems. (20) Lot coverage means that portion or percentage of a lot that i s covered by impervious surfaces and pervious pavement. (20) Pervious pavement allows storm water runoff to filter though surface voids into an underlying stone reservoir where it is temporarily stored and/or infiltrated. Examples of this technology include, but are not limited to porous pavers and permeable interlocking concrete pavers (PICP). Structure means anything manufactured, built, constructed, erected, or a portion thereof which is normally attached to or positioned on land, whether temporary or permanent in charact er, including, but not limited to, buildings, fences, sheds, advertising signs, dog kennels, hard surface parking areas , boardwalks, playground equipment, patios, or concrete sl abs. (7) 20) Sec. 7-19. -Plans and specifications. The building official may require that plans and specifications, required by the Minnesota State Building Code, include a survey of the lot upon which the proposed building or construction is to be done, prepared and attested b y a registered surveyor. An original s i gnature is required on the certificate of survey. The survey shall provide the following inform ation unless otherwise approved by the administrative authority: (1) Scale of drawing a nd north arrow ; (2) Legal description of property; (3) Dimensions and bearing of front, rear and side prope1iy lines; (4) Front, rear and side yard setback dimensions of all proposed structures; (5) Location of all existing structures on the property, boulevards, streets and right-of- way, 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, st airs, cantilevers, fireplaces, bay and bow windows , egress window wells; Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 6 of26 (7) Location of a benchmark stake established by the surveyor at the front setback line within 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 labeled as such; (10) Location of all easements of record , including but not limited to , tree preservation, wetland conservation, cross-access, etc.; (11) Existing and proposed elevations at the following locations: a. Each lot comer. b. Top of curb or centerline of roadway at each lot line extension. c. Center of proposed driveway at curb. d. Grade at comers of propo sed structure. e. Lowest floor level, top of block, garage s lab . (12) Indication of direction of surface water drainage by an-ows and impervious surface calculations for the lot or parcel; (13) Tree removal, tree preservation and grading plan if required by the development contract; (14) Wetland boundaries with ordinary high water level and 100-year flood elevation if applicable; (15) Driveway grade (minimum-0.50 percent, maximum-ten percent); (16) All trees in excess of six inches in diameter ( diameter measured at four feet above grade); (1 7) All custom-graded lots and lots deviating from th e approved grading plan shall require an as-built survey submitted to the city prior to issuing a certificate of occupancy; ( 18) Wetland buffer areas and wetland or lake setback dimensions; (19) Other information as required by the city; (20) Location and type of erosion and sediment control measures to be installed by permit holder. (21) Calculation of the amount and percentage of the lot coverage. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 7 of26 Section 18-40(2)(k)(b) b. 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, floodplains and designated wetlands. Calculation of allowable impervious lot cover may include bluffs and floodplains but shall specifically exclude designated wetlands . 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 stormwater, 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 and pavement widths shall not be less than the following: ,--- Roadway/ Right-of- I Street Way I Pavement ' Classifications Widths Width I (feet) I (feet) I ' Minor arterial 100 36 I : Collector 80 36 I Local street (rural residential) 60 24 l Local street (urban re sidential) 60 31 '. Local street ( commercial/industrial) 60 36 I Cul-de-sac, turnaround radius (urban/residential) 60 45.5 l Cul-de-sac, turnaround radius (rural residential) 60 40 Cul-de-sac, turnaround radius ( commercial/industrial) 60 48 I l Private Street serving residential development with a d ensity of less 30 20 I than 4 units per acre Private Street serving residential development with a density equal to 40 24 I or greater than 4 units per acre Private Street serv ing commercial , office , office industrial or mixed-use 40 26 I development I I I Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 8 of26 (c) Insofar as practical , streets shall intersect at right angles. In no case shall the angle formed by the intersection of two streets be less than 60 degrees. Intersections having more than four corners are prohibited. ( d) A tangent of at least 300 feet shall be introduced between reverse curves on arterial and collector streets. ( e) When connecting street lines deflect from each other at one point by more than ten 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 500 feet for arterials, 300 feet for collectors, and 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 percent, for arterials and seven percent for all other streets and alleys. Whenever possible, grades within 30 feet of intersections or railroad crossings shall not exceed three percent. (h) Different connecting street grades shall be connected with vertical curves. Minimum length, in feet , of the vertical curves shall be 20 times the algebraic difference in the percentage of grade of the two adjacent slopes. (i) Local streets shall have a centerline offset of not less than 300 feet. Offset intersections shall be avoided. G) The alignment shall discourage through traffic. (k) The length of the cul-de-sac shall be measured from the intersection of the cul-de-sac and street's centerlines to the center point of the cul-de-sac turnaround radius (s ee diagram below). The maximum length of a street terminating in a cul-de-sac shall be 800 feet. The city manager or their designee may approve a cul-de-sac exceeding 800 feet if they determine that one or more of the following necessitate a length in excess of 800 feet: (1) There are opportunities for a secondary access to adjacent properties in the future. The cul-de-sac must comply with the temporary cul-de-sac standards specified in subsection (t) of this section, and should address an identified system deficiency outlined in the transportation section of the city's comprehensive plan; (2) Topography which would require substantial grading and/or the loss of significant trees that would alter the physical character of the property and/or surrounding parcels. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 9 of26 I i I .\l I ~ I ~ ~ I I I __ __.. _____ ...._. ...... --------- !r.tl'f~etl!iafl ai cr11tnllnrs (1) 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 is prohibited except as specified in subsection (p) of this section. ( o) Private streets may be permitted in commercial, office, office industrial, residential with a density equal to or greater than four units per acre or mixed-use developments 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. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 10 of26 (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. (p) Private street standards. 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 two units or more in a development with a density of less than four units per acre must be built to a seven-ton design, paved to a width of 20 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes. Private streets serving residential developments with a density equal to or greater than four units per acre shall be built to a seven-ton design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Private streets serving commercial, office, office industrial or mixed-use development shall be built to a nine-ton design, paved a minimum width of 26 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based on guidelines provided by applicable fire codes. Private streets serving a residential component only, within a mixed-use development may be built to a seven-ton design, paved a minimum width of 24 feet , utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Plans for the street shall be submitted to the city engineer. Upon completion of the private street, 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 24 hours of a snowfall greater than two inches. Covenants concerning maintenance shall be filed against all benefiting 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 M.S. § 429.101, subd. l(C). (4) The private street design shall include adequate drainage facilities to convey storm runoff which may require hydrologic calculations for a ten-year storm event. Private streets serving residential developments with a density equal to or greater than four units per acre, commercial, office, office industrial, or mixed-use districts , 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 right-of-way. (6) The private street shall be designed to minimize impacts upon adjoining parcels. The city ~ay require revised alignments, specific building orientation, increased setbacks, Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 11 of 26 and landscaping to minimize impacts. An erosion control plan should be completed and approved prior to construction. (7) The private street serving residential development with a density of less than four units per acre, must be located within a strip of property at least 30 feet wide extending out to the public right-of-way or covered by a 30-foot wide easement that is permanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street, nor the impervious surface lot coverage of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates , the area of the easement and impervious surface lot coverage of the driveway shall be included in the calculation of lot area and lot coverage for the lot. (8) Private streets serving residential development with a density equal to or greater than four units per acre, commercial , office, office industrial, or mixed-use districts, must be located within a strip of property at least 40 feet wide extending out to the public right- of-way or covered by a 40-foot wide easement that is pennanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street, nor the impervious surface lot coverage of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located . Once the private street tenninates, the area of the easement and impervious surface lot coverage of the driveway shall be included in the calculation of lot area and lot coverage for the lot. (9) Maintenance and repair of private utilities located within the private street shall be the responsibility of the benefiting property. (q) Private re serve strips controlling public access to streets shall be prohibited . (r) Flag lots may be permitted in re sidential districts with a density of les s than four units per acre, if the criteria in variance sec tion 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public/private 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 or a pri vate 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 flag lot will pe1mit enhanced protection of the city's natural resources, including wetlands and protected areas. (4) Sufficient open space is preserved or other provisions are made to offset the increased percentage of hardcover lot coverage that will be contained within the neck portion of the lots. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 12 of26 (s) Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct 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 protected areas. (t) Temporary cul-de-sac must be constructed at all locations where a street stub will be constructed and will be extended in the future. The temporary cul-de-sac must be 90 feet in diameter and lie within platted right-of-way or easement. The developer must submit an escrow for the cost of removing the temporary cul-de-sac and vacating the easement (if applicable). Section 18-60(j) (j) Proposed house sizes shall be shown on the subdivision plan and shall be designed to accommodate residents' future house expansion (e.g., porches) and accessory structures (e.g., decks and patios) as well as the driveway and sidewalks to building entrances. If house plans are not known, then a 60 foot by 60 foot building pad and a 30-foot wide access driveway shal1 be used. The maximum permitted impervious surface lot coverage shall be calculated for each lot and the permitted houses and structures shall be limited to those sizes. Sec. 20-109. -Applications. Application for a site plan review shall be made to the city planner on forms provi ded by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review , the applicant shall attend a conference with city staff. The primary purpo se of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of the comprehensive plan and the City Code before incurring substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. The application shall also include: ( 1) Evidence of ownership or an interest in the property; (2) The application fee ; Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 13 of26 (3) Complete site plans, signed by a registered architect, civil engmeer, landscape architect or other design professional, to include the following. ( 4) General: a. Name of project. b. Name, address and telephone number of applicant, engineer, and owner ofrecord. c. Legal description ( certificate of survey will be required). d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. e. Vicinity map showing relationship of the proposed development to surrounding streets, rights-of-way, easements and natural features. f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. g. Existing zoning and land use. h. Tabulation box indicating: 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. 3 . Percent of site covered by building. 4. Percent of lot coverage on site covered by impervious surface 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required . 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e.g., manufacturing, office, retail , showroom, warehouse, etc. (5) Site and building plan: a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater retention ponds. Plans shall include runoff and storage calculations for ten-year and 100-year events. If stonnwater is proposed to be routed to existing Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 14 of 26 stormwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stormwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and driveways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads , loading areas , fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks , bike paths, direction of traffic flow and traffic-control devices. e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet , whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area, etc. 1. Lighting location, style, mounting and photometrics . J. Building elevations from all directions indicating materials and colors. Interior floor plans may b e required. k. Utility plan identifying size and direction of existing water and sewer lines, fire h ydrants, distance of hydrant to proposed building. I. List of proposed hazardous materials , use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images, arti stic 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 prov ide an undistorted perspective of the proposed development from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, th e application shall also include: a. Building elevations from all directions, indicating materials , colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 15 of26 c. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials. f. Sample paving materials, upon the city's request. (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. b. 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, floodplains and designated wetlands. Calculation of allowable impervious OO-¥eF surface may include bluffs and floodplains but shall specifically exclude designated wetlands. Sec. 20-254. -Churches. (a) T h e following applies to churches located inside the Metropolitan Urban Services Area (MUSA): (1) The site shall be located on a collector or arterial roadway as identified in the comprehensive plan or located so that access can be provided without conducting traffic through residential concentration. (2) The structure must be set back 50 feet from all property lines. (3) Parking areas shall be set back 25 feet from streets and nonresidential property. (4) No more than 70 percent of the site is to be covered with impervious surface Lot coverage shall not exceed 70 percent of the site and the remainder is to be suitably landscaped in conformance with article XXV. (b) In addition to the criteria in subsection (a), the following applies to churches located outside the Metropolitan Urban Services Area: The following must be prov ided for review: a. Location of two drainfield sites. b. Two soil bo1ings on each drainfield site for a total of four soil borings. c. No percolation tests for drainfield sites where the land slope is between zero and 12 percent. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 16 of 26 d. One percolation test per drainfield site where the land slope is between 13 and 25 percent. e. Areas where the land slope exceeds 25 percent shall not be considered as a potential soil treatment site. f. The sewage treatment system must be in confonnance with chapter 19, article JV. g . School and day care uses accessory to the church use are not permitted unless approved by the city council. Sec. 20-485. -Stormwater management. Impervious surface Lot coverage of lots shall not exceed 25 percent of the lot area, except as follows: (1) Thirty-five percent for medium /high density residential zones; and (2) Seventy percent in industrial zones within the Lake Susan Shoreland District. Sec. 20-490. -Nonconforming lots. (a) A nonconforming single lot ofrecord located within the Shoreland Management District may be allowed as a building site without variances from lot size requirements, provided that: ( 1) All structure and septic system setback distance requirements can be met ; (2) A Type 1 sewage tre atment system consistent with Minnesota Rules, Chapter 7080 , can be installed or the lot is connected to a public sewer; and (3) The impervious surface lot coverage does not exceed 25 percent. of the lot. (b) In a group of two or more contiguous lots of record under a common ownership an individual lot must b e considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements : (1) The lot must be at least 75 percent of the dimensional standard for lot width and lot size for the shoreland classification ; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080 , and local government controls; (3) Impervious surface Lot coverage must not exceed 25 percent of each lot; and (4) Development of the lot must be consistent with the city's comprehensive plan. Todd Gerhardt Impervious surface and related definitions December 11 , 2017 Page 17 of 26 ( c) A lot subject to subsection (b) not meeting the requirements of subsection (b) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. ( d) Notwithstanding subsection (b ), contiguous nonconforming lots of record in the Shoreland Management District under a common ownership may be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of M.S. § 115.55 and Minnesota Rules , Chapter 7080, or connected to a public sewer. (e) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address , when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Ord. No. 543, § 2 , 6-25-12) Sec. 20-505. -Required general standards. (a) The city shall consider the proposed P U D from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over nonnal ordinance standards. ( c) Density. An increase/tran sfer for density may b e allowed at the sole di scretion of the city utilizing the following factors: (I) Density within a PUD shall be calculated on net acreage located within the property lines of the site in accordance with the land use plan. Todd Gerhardt ' I I I I 1 I I I I I I Impervious surface and related definitions December 11, 2017 Page 18 of 26 (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single-family detached area will be evaluated using the items listed in sections 20-506 or 20-508. Density transfer eligible for multiple-family areas are not permitted to be applied to single-family areas. ( 4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. (e) Hard SUrfaee Lot coverage shall be limited as follows: Comprehensive Hord Surfaee Lot Plan Designation Coverage (%) Low or medium density res idential 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Mixed use 70* Individual lots within PUD may exceed these standards as long as the average meets these standards. (f) Building and parking setb acks from public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a PUD. Where industrial uses abut developed platted or planned single-family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet , shall be required in order to prov ide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan and chapter 20, article XXV, of the Chanhassen City Code. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 19 of 26 (g) More than one building may be placed on one platted or recorded lot in a PUD. (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction, however, all parcels will remain subject to the PUD development contract that will be recorded in each chain-of-title. (i) Signs shall be restricted to those which are pennitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD development contract. (j) The requirements contained in articles XXIII and XXV of this chapter may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. (1) No building or other permit shall be issued for any work on property included within a proposed or approved PUD, nor shall any work occur unless such work is in compliance with the proposed or approved PUD. (m) Buffer yards. (1) The city comprehensive pl an establi shes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. (2) The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. (3) The buffer yard is intended to prov ide physical separation and screening for the higher intensity use. As such, they will be r equired to be provided with a combination of henning, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be de signed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Sec. 20-641. -Intent. The intent of the "RLM" district is to provide for s ingle-family attached or detached residential development on land guided residential -low or medium dens ity in the city's comprehensive Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 20 of26 plan with a maximum net density of eight units per acre. The "RLM" district is intended to be used where large areas of upland will be preserved or created as permanent open space to balance the higher hard surface lot coverage permitted on individual lots. Sec. 20-905. -Single-family dwellings. All single-fami ly detached homes shall: (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. (2) Conform to the following standards for living areas: a. If a one-story rambler design, have an area of 960 square feet. b. If a split level design, have an area of 1,050 square feet. c. If a split foyer and two-story design, have an area of 600 square feet on the first floor. d. A two-car garage must be provided with the single-famil y structure. (3) Have an earth covered, composition, shingled or tiled roof or other materials approved by the Minnesota State Building Code as adopted and amended by the city. (4) Receive a building permit. The application for a building pennit in addition to other infonnation required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction material s proposed to be used. (5) Meet the requirements of the Minnesota State Building Code, as adopted and amended by the city or the applicable manufactured housing code. ( 6) Where access doors are proposed from a dwelling to the outdoors , which does not connect directly to a sidewalk or stoop, a minimum ten feet by ten feet hard surface area of patio shall be assumed. Such hard slH.'fuee This patio area must be shown to comply with required property line , lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's -hard surface lot coverage above that pennitted by ordinance. Sec. 20-1072. -Landscaping. (a) Where natural or existing topographic patterns contribute to the beauty or utility of a development, they shall be pre served to the greatest extent possible. Modification to topography will be permitted where and to the extent that it contributes to good design. All topographic modifications shall adhere to the practices delineated in the city's surface water management plan. (b) The grades of all walks, parking spaces, terraces, and other paved areas shall conform with the requirements of the Americans with Disabilities Act. In addition, they shall provide an inviting and stable appearance for walking. Stairs and ramps may be substituted for slanted pavement when necessary. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 21 of 26 (c) All landscape shall preserve and enhance natural features (such as wetlands, drainage ways, mature stands of trees, and the like), enhance architectural features, strengthen vistas and important axes, and provide shade. ( d) Landscaping shall emphasize massing of plant materials over isolated or scattered placement of individual specimens. Reforestation as prescribed by the city's tree preservation and reforestation ordinance is encouraged. DOTHS NOTTHS Massing of Plant Materials (e) Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with natural existing materials and adjacent developments where appropriate. Unity o(Design (f) Plant material shall be selected for interest in its structure, texture and color, and for its ultimate growth size. Plants that are indigenous to the area and others that will be hardy, hannonious to the design of good appearance, and of relatively easy maintenance shall be used. (g) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards , or similar devices. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 22 of26 Tree Diagram (h) Where building sites limit planting, the placement of trees in parkways, gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consideration shall be given to the special needs of plants surrounded by impervious surfaces. In these instances, preference is given to surrounding plantings with pervious pavers to allow for the infiltration of stormwater into the root zone. ,c;----, 1° I I £1 L ____ ,;ll ro--0-01 I I I I LQ ____ Qj OOTttS NOT Tit$ TREE PLACEMENT Tre e Placement (i) In areas where general planting will not prosper, other solutions-such as fences , walls , rock gardens, raised planters, or paving of wood , brick stone, gravel, or cobbles-. shall be used. Carefully selected plants shall be included. Rock Gardens Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 23 of26 (j) Landscaping and tree removal shall be consistent with article XXV in the City Code. Sec. 20-1122. -Access and driveways. The purpose of this section is to provide minimum design criteria, setback and slope standards for vehicular use. The intent is to reduce interference with drainage and utility easements by providing setback standards; reduce erosion by requiring a hard surface for all driveways; to limit the number of driveway access points to public streets and to direct drainage toward the street via establishment of minimum driveway slope standards. Parking and loading spaces shall have proper access from a public right-of-way. The number and width of access drives shall be located to minimize traffic congestion and abnonnal traffic hazard. All driveways shall meet the following criteria: (1) Driveways shall be setback at least ten feet from the side property lines, except on lots that access off of a cul-de-sac "bubble", neck or flag lot where the lot frontage may prohibit meeting the side yard setback requirement. Begim1ing 20 feet from the front property line, driveways may be setback a minimum of five feet from the side property line or the distance of the existing drainage and utility easement on the particular lot or parcel. Encroachment into a side yard drainage and utility easement must be reviewed and approved by the city and may require an encroachment agreement. (2) 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. (3) Within the right-of-way dri veways should access city streets at 90 degrees. (4) In areas located within the Metropolitan Urban Services Area (MUSA) as identified on the comprehensive plan, driv eways shall be surfaced with bituminous, concrete or other hard surface material, as approved by the city engineer. In areas outside the MUSA, driveways shall be surfaced from the intersection of the road through the right- of-way portion of the driveway with bituminous, concrete or other hard surface material , as approved b y the city engineer. (5) On comer lots, the minimum comer clearance from the roadway ri ght-of-way line shall be at least 30 feet to the edge of the driveway. (6) For A-2 , PUD-R for single-family detached houses, RR, RSF , R-4 and RLM for single-family detached residential uses, the width of the driveway access shall not exceed 24 feet at the right-of-way line. No portion of the right-of-way may be pav ed except that portion used for the driveway. Inside the property line of the site, the maximum driveway width shall not exceed 50 feet. For flag/neck l ots the iffif)ervious surface lot coverage of the driveway access within the neck portion of flag/neck lots shall not exceed 33 percent of the neck's area. For all lots the minimum driveway width shall not be less than ten fe e t. Todd Gerhardt Impervious surface and related definitions December 11, 2017 Page 24 of26 (7) For all other uses , the width of the driveway access shall not exceed 36 feet in width measured at the roadway right-of-way line. No portion of the right-of-way may be paved except that portion used for the driveway. (8) Driveway setbacks may be reduced subject to approval by the city engineer and the following criteria: a. The driveway will not interfere with any existing drainage swale or easement in which a utility is contained; b. Shall require an easement encroachment agreement from the engineering department; c. The driveway must be designed to maintain stormwater drainage runoff on the property to ensure that it will not cause runoff onto adjacent properties; d. Snow storage may not be placed on adjacent properties; and e. Lot frontage on lots that access off of a cul-de-sac "bubble", neck or flag lot do not permit adequate driveway access width or side yard setback. (9) Accessory driveways shall be maintained as natural grass or be constructed of bituminous, concrete, or paver surface. ( I 0) One driveway access is allowed from a single residential lot to the street. (11) A turnaround is required on a driveway entering onto a state highway, county road or collector roadway as designated in the comprehensive plan, and onto city streets where this is deemed necessary by the city engineer, based on traffic counts, sight distances , street grades , or other relevant factors. If the engineer requires a turnaround, this requirement will be stated on the building permit. (12) Separate driveways serving utility facilities are permitted. (13) All driveways must be constructed in accordance with current construction requirements/details . A driveway permit is required when any alteration is made to a driveway in the public right-of-way. A zoning permit may be required for any other driveway work not in the public right-of-way along with other requirements to detennine if the improvement will meet zoning ordinance requirements of the particular lot or parcel. Sec. 20-1181. -Vehicular areas. (a) When parking lot perimeters where vehicular areas, including driveways and drive aisles, are not entirely screened visually by an intervening building or structure or land mass from any abutting right-of-way, there shall be provided landscaping designed to buffer direct views of cars and vehicular use areas hard surface areas . The landscaping must break up expanses of hard surface vehicular use areas, help to visually define boulevards and soften direct views of parking areas and provide for reforestation with overstory tree from the approved tree species list identified for parking or other species as approved by city staff. All new planting areas must have an irrigation system installed. Publicl y owned and Todd Gerhardt Impervious surface and related definitions December 11 , 2017 Page 25 of26 operated parking lots used for long duration parking may be exempt from this requirement when there is a demonstrated concern regarding security safety. ~ I 11 R I i I® I ffl, all) G l}l 111111011111 $ Illustration (b) Interior landscaping for vehicular use areas: (1) Any open vehicular use areas containing more than 6,000 square feet of area , or 20 or more vehicular parking spaces, shall provide interior landscaping in accordance with this division in addition to "perimeter" landscaping. Interior landscaping may be peninsular or island types. Landscaped area shall include all parking lot and drive islands and perimeter green spaces. Required setback areas shall be excluded. (2) For each 100 square feet, or fraction thereof, of vehicular use area , eight square feet of landscaped area shall be provided. (3) The minimum land scape area pem1itted shall be 200 s quare feet , with a six-foot minimum dimension to all trees from edge of pavement where vehicle s overhang and a four-foot minimum dimension to all trees where vehicles do not overhang. (4) In order to encourage the required landscape area to b e properly dispersed , a minimum of one peninsular, island, or boulevard type landscaped area shall be located within each 6,000 square feet of vehicular use area. (5) A minimum of one tree shall be required for each 250 square feet or fraction thereof, of required landscape area. Trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs, or ground cover (not to include rocks or gravel except as a mulch around shrubs and ground cover), not to exceed two feet in height. ( 6) The inside width, behind the curb in landscape islands or peninsulas, shall b e a minimum of ten feet. (7) All landscaped areas shall be protected by concrete curbing. (8) All landscaping area shall have the proper soil preparation to ensure the viability of the vegetation to survive. The landscaping plan shall provide specifications for proper soil preparation. Todd Gerhardt Impervious surface and related definitions December 11 , 2017 Page 26 of26 Sec. 20-1408. -ImperYiaus surfeees. Lot coverage Creatiofl of impervious surfaces Lot coverage, impervious surfaces and pervious pavement, within the bluff setback may contribute to bluff instability due to increased runoff and/or erosion. Impervious surfaces are Lot coverage is prohibited within the bluff setback unless specifically authorized within this article. Sec. 20-1556. -Impervious surface, lot coverage, and slopes. To the greatest extent possible, all development shall minimize the amount of impervious surface lot coverage by clustering development, using common access drives and utility corridors and minimizing building footprint size. Roads , walkways, bike trails , and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of natural topography and vegetation. Management of surface runoff caused by impervious cover shall be designed using practices delineated in the city's surface water management plan. Within the secondary zone of the BCO district, areas with average slopes exceeding 25 percent shall be preserved in their natural state and maintained as permanent open space. Areas with average slopes less than 25 percent but greater than ten percent shall not exceed 25 percent lot coverage. an: impervious surface coverage of 25 percent. Impervious coverage Lot coverage for areas where average slopes are less than ten percent shall be governed by the underlying zoning district. ATT ACHMENTS 1. October 17, 2017 Staff Report: Permeable Pavement G:\PLAN\City Code\2017\Various\Omnibus\Attachment 3 Lot Coverage Definitions.doc C TYO C ANHASSEN Cha nh assen is a Co mmu nity fo r Li fe-Provi dingforToday and Plan nin g fo r To morrow MEMORANDUM TO: FROM: DATE: SUBJ: Planning Commission Vanessa Strong, Water Resources Coordinator October 17 , 2017 ~. Pervious Paver Policy Proposed Motion: C-2 "The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapters 1, 7, 18, and 20 of the Chanhassen City Code." BACKGROUND The Chanhassen City Council selected a review and potential update of the city's policy on pervious pavements in residential districts as a Key Fiscal Strategy for 2017. Staff contracted with Wenck Associates, Inc. to assist in determining the potential ramifications of modifying the city's existing policy. Dming the June 26, 2017 City Council Work Session, staff presented the results of the consultant's study and internal research to the City Council. Staff was directed draft an ordinance allowing for the use of penneable pavers located in low-density residential districts outside of the Shoreland Overlay DislTict. Dming the September 25 , 201 7 City Council Work Session staff discussed the proposed ordinance and the City Council instructed staff to bring the proposal before the Planning C ommission. DISCUSSION Annually, the city receives requests from residents that wish to install additional impervious sutfacc on their property above the maximum impervious coverage allowed by code. The most common request is for patio and sidewalk usage. Traditional patios and sidewalks are impervious surfaces and contribute to flooding, erosion, water pollution, and other environmental issues. PH 952 .221.1100. www.ci.chanhassen .mn .us • FX 952 .221 .1110 77 00 MAR K ET BOUL EVARD • PO BOX 1 47 • CH AN H ASS EN • M I NN ES OTA 5531 7 Planning Commission Pervious Paver Policy October 17, 2017 Page 2 of 35 Since these structures count as lot coverage, these residents must either request a variance or abandon the proposed project. There are several purposes for regulating and limiting impervious surfaces. Traditional city planning, zoning, and code requirements set limits of impervious surfaces by land use classification to encourage infiltration and natural groundwater recharge, reduce urban flooding and solar heat gain, limit overall hardscape, and provide green space. Impervious smface is also a term and a tool used in stormwater management for the purpose of operating stormwater utility fee programs. Federal, state, and regional regulations have been enacted to manage stonnwater in urbanized communities including but not limited to the requirements of the EPA Clean Water Act, National Pollution Discharge Elimination Systems (NPDES), and specifically Municipal Separate Storm Sewer Systems (MS4) requirements. Careful consideration must be given when developing a city-wide set of ordinances, engineering and maintenance standards for penneable interlocking concrete pavers (PICP) to ensure correct design, installation, lifetime maintenance and function without becoming an administrative or regulatory burden on staff or property owners. Pervious Pavers Defined The MPCA Stormwater Manual defines the more encompassing definition of penneable pavement as follows: Permeable pavements allow stormwater runoff to .filter through surface voids into an underlying stone resen,oir where it is temporari~y stored and/or i11filtrated. The most commonly used permeable pavement surfaces are pervious concrete, porous asphalt, and permeable interlocking concrete pavers (PJCP). The Interlocking Concrete Pavement Institute (ICPI) describes permeable interlocking concrete pavements (PICP) as: PICP consists o.fsolid concrete units molded with joints and/or openings that create an open area across the pavement surface. The openings allow water from storm events to flow.freely through the swface into an open-graded base where it is collected and stored be.fore it i71filtrates into the under~ying soils. For low-infiltration rate soils, drain pipes are often placed in the subbase to drain excess water, thereby functioning as a detention facility with some irifiltration. Uses and Limitations of Permeable Interlocking Concrete Pavements (PICP) Stringent design, installation and maintenance is imperative to ensm·e prnpe.-pedormance. Staff is concemed that in residential areas, the systems may not be installed properly and not be maintained as needed. It is essential that these systems are designed in line with industry- accepted guidelines and installed by certified installers. Staff does not have the resources to check back to see if the permeable pavers are working as intended, therefore plans have to be submitted, approved, and a maintenance agreement signed. The maintenance agreement will Planning Commission Pervious Paver Policy October 17 , 2017 Page 3 of 35 detail enforcement procedures . Additionally staff is concerned that increasing lot coverage may impact how the stormwater utility fee is calculated and assessed. PICP are typically used in areas with light traffic at commercial and residential sites such as low- speed roads, parking lots, driveways, sidewalks, plazas, and patios PICP has become the preferred penneable pavement option over pervious concrete and asphalt applications in recent years due in part to the use in smaller residential or retrofit applications, and lower material and installation costs and maintenance. Research has demonstrated that PICP is an effective method for reducing stonnwater runoff and pollutants from urbanized areas. Properly designed, installed, and maintained PICP can have design life surface infiltration rates exceeding 100 in./hour according to industry literature. All the watershed management organizations (WMO) recognize pe1meable pavement as a viable best management practice (BMP) to reduce volume and pollution. Many offer cost-share opportunities for their installation. However, complicating factors in the blanket use of PICP in the city are the varying rules and standards across the WM Os pertaining to the design, installation, and maintenance of permeable pavement and PICP specifically. Each WMO has its own specific rules, standards, and exemptions. Staff has researched how other communities handle pervious pavers for residential use in hard cover surface considerations and presented those findings at previous Planning Commission meetings. The following tables describe the city's existing hardcover restrictions: 1) Hard Surface/Lot Coverage Percentage as PUD City Code (Chapter 20 -Zoning/Article VIII. Planned Unit Development District. Division 1.- Generally. Sec. 20-505 -Required general standards, (e)) illustrates by table the following: Hard surface coverage shall be limited as follows: Compre he nsive Plan De signa tion Ha rd Surface Coverage (%) Low or medium density residential 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Mixed use 70 According to Code, individual lots within PUD's may exceed these standards if the average Planning Commission Pervious Paver Policy October 17 , 2017 Page 4 of 35 meets these standards. 2) Hard Surface/Lot Coverage Percentage by Land Use Cl assification Most directly related to the policy implications of addressing PICP, "maximum lot coverage" as a percent of the lot. Maximum L ot Coverage by Land Use Classification Land Use Classification by District Max imum L ot Coverage by Percen tage "A-2" Agricultural Estate* 20 "RR" Rural Residential* 20 "RSF" Single-Family Residential* 25 "R-4" Mixed Low Density Residential* 30 "RLM" Residential Low and Medium Density* single-family dwelling, 35 two-family dwelling, 40 townhouse or multi-family dwelling 50 "R-8" Mixed Medium Density Residential* 35 "R-12" High Density Residential* 35 "R-16" High Density Residential * 50 "BN" Neighborhood Business 65 "BH" Highway and Business Services 65 "CBD" C entral Business No maximum "CC" Community Commercial 70 "BG" General Business 70 "BF" Fringe Business 40 "01" Office and Institutional 65 "IOP" Industrial Office Park 70 day care facilities 65 Shoreland Management District single-family residential 25 medium/high density residential 35 industrial z ones within Lake Susan Shoreland District 70 *Please be apprised that City Code (Chapter 20-Zoning, Article IV. -Conditional Uses . Division 3. -Standards for Agricultural and Residential Districts. Sec 20-254. -Churches (4). states , "No more tllan 70 percent of tile site is to be covered with impervious surface and the remainder is to be suitability landscaped in conformance with Article XXV." Planning Commission Pervious Paver Policy October 17 , 2017 Page 5 of 35 Shoreland Management and Bluff Creek Overlay Distiicts would need to be addressed in a different manner if PICP are allowed. Due to the environmental sensitivity of these regions, staff is not recomending increasing the penuitted lot coverage within these distiicts . Current City Code Definitions that Influence the Use of PICP A key issue that influences the use of PICP in the City Code is the varying definitions and regulations of impervious surface, hard surface coverage and lot coverage. City Code (Chapter 1-GENERAL PROVISIONS/Sec. 1-2. Rules of construction and definitions) defines impervious surface as: any material that substantially reduces or prevents the in.filtration of stormwater. It shall include, but not be limited to, gravel driveways, parldng area, buildings, and structures. City Code defines: • Hardcover as: the definition of impervious surface. A. Lot coverage as: that portion or percentage of a lot that is covered by impervious surfaces. • Structures as: anything manufactured, built, constructed, erected, or a portion thereof which is normal~y attached to or positioned on land, whether temporary or permanent in character, including, but not limited to, buildings, fences, sheds, advertising signs, dog kennels, hard surface parldng areas, boardwalks, playground equipment or concrete slabs. The tenns "hard surface" and ''hard surface coverage" are not defined within Sec . 102 Rules of construction and definitions, however the tenns are interspersed throughout the Code. Current City Code that Influences the Use of PICP Relevant "hard surface" or "impervious surface" references and standards by zoning classification are cited here and in the Appendix . To ensure code changes are made to accommodate the use of PICP in the city, City Code sections should be thoroughly reviewed. City Code (Chapter 18 -Subdivisions, Article III. -Design Standards. Sec. 18 -60 . -Lots G) states, Proposed house sizes shall be shown on the subdivision plan and shall be designed to accommodate residents' future house expansion (e.g., porches) and accessory structures (e.g., decks and patios) as well as the driveway and sidewalks to building entrances. If house plans are not known, then a 60-foot by 60-foot building pad and a 30-foot wide access driveway shall be used. The maximum permitted impervious sm·face shall be calculated for each lot and the permitted houses and structures shall be limited to those sizes. Design, installation, and maintenance standards would be at the discretion of appropriate city staff. The MPCA Stormwater Manual suggests using the design, installation, and maintenance guidance for PICP as referenced by the Interlocking Concrete Pavement Institute (ICPI). The ICPI's website is www.icpi .org. It includes infonnation for desihrn professionals and installers Planning C01mnission Pervious Paver Policy October 17, 2017 Page 6 of 35 regarding industry standards and specifications, installation guidelines and maintenance. Many certified installers are available in the metro area. Staff will reference ICPI for design, installation, and maintenance guidance. Planning Depa11ment Review Planning staff has reviewed the findings from the research that has been completed. A brief discussion of the potential impact of allowing pavers, summary of their findings and Planning staffs recommendations are presented below. Intensity of La.nd Use Of particular concern is the impact that allowing pervious pavements could have the intensity of land use within the city. In the case of industrial and commercial districts, this would allow for larger parking lots and buildings. Staff examined a site within the Southwest Corporate Center that is limited to 70% lot coverage. If lot coverage was defined solely as impervious surface and pavers were not considered impervious surface, the owner could increase the parcel's maximum building size from about 268,000 square feet to approximately 329,000 square feet and reduce the greenspace on site from 30 percent to about 10.5 percent. This would create a substantially different visual impact for surrounding land users and increase the development's traffic impact. In residential areas, this would mean that by substituting traditional impervious surfaces with pervious pavers, a builder could construct a house where only roofed structures counted towards lot coverage. This would allow for the construction of homes with a substantially larger footprint, as lot coverage cun-ently used for driveways and patios could all be allotted to the house, and would also make it easier for large sheds to be constructed on small residential lots. Staff examined a prope1iy on W. 65th Street zoned Residential-Single Family and detennined that iflot coverage was defined solely as impervious surface, the owner could reduce the property from having 75% greenspace to approximately 40% greenspace. Staff conducted the same exercise for a property zoned Residential Low and Medium Density on Strawberry Lane and discovered that the lot's greenspace could be reduced from 65% to around 31 %. In both cases, the owners would be able to add 320 plus square foot sheds in their rear yards. The size of these accessory structures, overall intensity of prope11y use, and visual impression of these residences would be very different from what is cmrnntly typical for the city's small lot residential neighborhoods. Since the city uses lot coverage as a major tool for limiting the intensity of development and preserving onsite greenspace, any change that completely exempts a category of materials from counting towards lot coverage will have many unintended consequences. Summary Planning staff agrees that pervious pavers and other similar systems are proven technologies that are well suited for use in low traffic areas. Staff recognizes that the current lot coverage limits on residential prope11ies were drafted partially with the intent of managing the water resources in those zoning districts; however, the lot coverage standards were also created to create a certain Planning Commission Pervious Paver Policy October 17, 2017 Page 7 of 35 neighborhood aesthetic and limit the intensity of land use within the city. Staff desires to balance these two considerations to accommodate technologies that allow homeowners to create storm water neutral strnctures, without comprising the character of the city's residential neighborhoods or allowing for more intense development and land use. Recommendation Planning staff recommends that the following changes be made to the City Code if penneab]e pavers are approved: 1) Detached single family and twin home residential prope1ties should be allowed a total lot coverage ofX+5%* where Xis the cmTently established maximum impervious lot coverage, and the 5% is pervious pavement lot coverage. To qualify as pervious, the system must be designed in compliance with standards established by the Interlocking Concrete Pavement Institute (ICPI) and installed by an ICPI certified installer.** 2) The use of permeable paver systems on multifamily residential, industrial, and commercial properties should continue to be addressed through the site plan review process. 3) The term "penneable pavement" be defined in the City Code. 4) The usage of the tenns "lot cover", "impervious", and "hardcover" should be standardized throughout the Code. *To provide context that would allow a 15,000 square foot lot (minimum RSF lot size) to construct a 750 square foot (25' x 30') pervious paver patio in addition to the currently pe1mitted 3,750 square feet (25%) of impervious lot coverage. **For other types ofpervious surface technologies , a similarly credible organization's guidelines and appropriately certified installer could be substituted. ALTERNATIVES: 1) Do nothing. Maintain current policy and continue to treat penneable pavements as impervious surface. Amended code for consistent use of te1ms. 2) Amend Chapters 1, 7, 18 , and 20 to allow for the use ofpervious pavements in select residential districts. 3) Allow the use of pervious pavements in all districts. RECOMMENDATION: Alterative 2 allows homeowners the ability to take advantage of new technology, while minimizing the impact that allowing pervious pavers will have on stromwater and the intensity of property use within the city. To accomplish this staff recommends the following: 1. Staff recommends amending some existing definitions, clarifying that permeable interlocking concrete pavers (PICP) is not considered impervious surface and adding some new definitions. Furthennore, we recommend that code be amended as necessary to modify the use of the te1ms Planning Commission Pervious Paver Policy October 17 , 2017 Page 8 of 35 "hard surface," "impervious surface," "pervious surface," and "lot coverage" to permit the use of PICP. 2. Staff recommends that the City Code be amended to incorporate the limited use of permeable interlocking concrete pavers (PICP) for single family residential properties up to an additional 5% of pervious lot coverage. PICP would not be allowed for this use in shoreland and Bluff Creek Management zones, higher-density business, commercial, and industrial districts. PUDs will be addressed on an individual basis to meet the unique requirements of each development. 3 . Staff recommends that the city require applicants to install PICP in accordance with installation standards recommended by the Interlocking Concrete Pavement Institute (ICPI), and that city staff refer to the PICP inspector's guide for project constrnction. 4. Staff recommt::mls that applicants receiving a permit lo use PICP be required to execute a recordable Maintenance Agreement setting fotth maintenance requirements consistent with the ICPI recommendations. The maintenance agreement will also include enforcement procedures Staff proposes the following changes be made to the City Code: Sec. 1-2. -Rules of Construction and definitions Hardeo,·er. 8ee Jmper'llioufi !iurfe,ee. Impervious surface means a surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in g1·eater quantities and at an increased rate of flow than prior to development. Examples include, but a1·e not limited to, rooftops, storage areas, roads, sidewalks, patios, driveways, or parking lots made of concrete, asphalt, rock, or non-pervious pavement systems. (20) Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces and pervious pavement. (20) Pervious pavement allows s torm water runoff to filter though surface voids into an underlying stone reservoir where it is temporarily stored and/or infiltrated. Examples of tbis technology include, but are not limited to porous pavers and permeable interlocking concrete pavers (PlCP). Structure means anything manufactured , built, constrncted , erected, or a portion thereof which is nonnally attached to or positioned on land, whether temporary or permanent in character, including, but not limite d to, buildings, fences, sheds, advertising s igns, dog kennels , hard surface parking areas, boardwalks, playground equipment, patios, or concrete slabs. (7) 20) Sec. 7-19. -Plans and specifications. The building official may require that plans and specifications, required by the Minnesota State 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 r equired on the certificate of survey. The survey shall provide the following information unl ess otherwise approved by the administrative authority: (1) Scale of drawing and n01th arrow; (2) Legal description of property; Planning Commission Pervious Paver Policy October 17 , 201 7 Page 9 of 35 (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, boulevards , streets and right-of- way, 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 benclunark stake established by the surveyor at the front setback line within 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 pennit applicant. (9) Location of first floor elevation of buildings on adjacent lots. Vacant adjacent lots shall be labeled as such; ( 10) Location of all easements of record , including bu t not limited to, tree preservation, wetland conservation, cross-access, etc.; (11) Existing and proposed elevations at the following locations: a. Each lot corner. b. Top of curb or centerline of roadway 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 and impervious surface oalculations for the lot or parcel; (13) Tree removal, tree preservation and grading plan if required by the development contract; (14) Wetland boundaries with ordinary high water level and 100-year flood elevation if applicable ; (15) Driveway grade (minimum-0.50 percent, maximum-ten percent); (16) All trees in excess of six inches in diameter ( diameter measured at four feet above grade); (17) All custom-graded lots and lots d eviating from the approved grading plan shall require an as-built survey submitted to the city prior to issuing a certificate of occupancy; (18) Wetland buffer areas and wetland or lake setback dimensions; (19) Other infonnation as required by the city; Planning Commission Pervious Paver Policy October 17,2017 Page 10 of 35 (20) Location and type of erosion and sediment control measures to be installed by permit holder. (21) C alculat ion of the amount and percentage of the lot coverage broken out by impervious surfaces and pervious pavement, if present. 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, rnnoff of stonnwater, 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 conf01m to county and state standards for trunk highways. If no such plans or standards aTe applicable, right-of-way and pavement widths shall not be l ess than the following: Right-of-Roadway/ Street Way Pavement Classifications Widths Width (feet) (feet) Minor aiterial I 100 36 Collector I 80 ! 36 Local street (rural residential) l 60 24 Local street (urbai1 residential) "1 I 60 T I 31 Local street ( commercial/industrial) I 60 I 36 Cul-de-sac, turnaround radius (urban/residential) I 60 I 45.5 I I l j I I . Cul-de-sac, tumaround radius (rural residential) I 60 f 40 J l [ Cul-de-sac, turnarow1d radius (commercial/industrial) 60 48 Private Street serving residential development with a density ofless 30 20 than 4 uni ts per acre Private Street serving residential development with a density equal to 40 24 or greater than 4 units per acre 'Private Street servini commercial , office, office industrial or mixed-us;[ development 40 26 -- (c) Insofar as practical, streets shall intersect at 1ight angles. In no case shall the angle formed by the intersection of two streets be less thai1 60 degrees. Intersections having more than four corners are prohibited. I I I I Planning Commission Pervious Paver Policy October 17, 2017 Page 11 of 35 (d) A tangent of at least 300 feet sha11 be introduced between reverse curves on arterial and collector streets. (e) When connecting street lines deflect from each other at one point by more than ten degrees they shall be connected by a curve with a radius adequate to ensure a sight distance within the tight-of-way of not less than 500 feet for a1te1ials, 300 feet for collectors , and 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 depaiiment of transportation. (g) All centerline grades shall be at least five-tenths percent and shall not exceed five percent, for arte1ials and seven percent for all other streets and alleys. Whenever possible, grades within 30 feet of intersections or railroad crossings shall not exceed three percent. (h) Different com1ecting street grades shall be com1ected with ve1tical curves. Minimum length, in feet , of the ve1iical curves shall be 20 times the algebraic difference in the percentage of grade of the two adjacent slopes. (i) Local sh·eets shall have a centerline offset of not less than 300 feet. Offset intersections shall be avoided. (j) The alignment shall discourage through traffic. (k) The length of the cul-de-sac shall be measured from the intersection of the cul-de-sac and street's centerlines to the center point of the cul-de-sac turnaround radius (see diagram below). The maximum length of a street tenninating in a cul-de-sac shall be 800 feet. The city manager or their designee may approve a cul-de-sac exceeding 800 feet if they determine that one or more of the following necessitate a length in excess of 800 foet: (I) There are opp01tunities for a secondary access to adjacent properties in the future. The cul-de-sac must comply with the temporary cul-de-sac stai1dards specified in subsection (t) of this section , and should address an identified system deficiency outlined in the transpo1iation section of the city's comprehensive plan; (2) Topography which would require substantial grading and/or the loss of significant trees that would alter the physical character of the prope1ty and/or smrnunding parcels. Planning Commission Pervious Paver Policy October 17 , 2017 Page 12 of 35 I - l?-nter pc1rt ct tu,r,11~,:l radius I t I t?. I Jl I ... "' ... I .. ";I ':'I I t.• I I ~--------u_ _________ !nttt t<flr.ltan .Df c i-rlr11J:u•r. (1) Where a proposed subdivision is adjacent to a limited access highway, a1terial or coll ector 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 detennination. (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 confonn to the rural standard requirements as prepared by the city engineer's office. The construction of private streets is prohibited except as specified in subsection (p) of this section. (o) Private streets may be pe1mitted in commercial, office, office industrial, residential with a density equal to or greater than four units per acre or mixed-use developments if the city finds the following conditions to exist: ()) The prevailing development pattern makes it unfeasible or inappropriate to constrict a public street. In making this dete1mination 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 smrnunding 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. Planning Commission Pervious Paver Policy October 17, 2017 Page 13 of 35 (3) The use of a private street will permit enhanced protection of the city's natura l resources including wetlands and forested areas. (p) Private street standards. 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 two units or more in a development with a density of less than four units per acre must be built to a seven-ton design, paved to a width of 20 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes. P1ivate streets serving residential developments with a density equal to or greater than four units per acre shall be built to a seven-ton design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Plivate streets serving commercial, office, office industrial or mixed-use development shall be built to a nine-ton design, paved a minimum width of 26 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based on guidelines provided by applicable fire codes. Private streets serving a residential component only, within a mixed-use development may be built to a seven-ton design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Plans for the street shall be submitted to the city engineer. Upon completion of the private street, 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 24 hours of a snowfall greater than two inches. Covenants conceming maintenance shall be filed against all benefiting properties. Parking on the private street or otherwise blocking all or part of the private street shall be prohibited. (3) P1ivate 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 prope1ty pursuant to M.S. § 429.101, subd. I (C). ( 4) The private street design shall include adequate drainage facilities to convey storm rnnoff which may require hydrologic calculations for a ten-year stonn event. Private streets serving residential developments with a density equal to or greater than four units per acre, commercial , office, office industrial, or mixed-use districts, 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 right-of-way. (6) The private street shall be designed to minimize impacts upon adjoining parcels . T he city may require revised alignments, specific building 01ientation, increased setbacks, and landscaping to minimize impacts. An erosion control plan should be completed and approved prior to construction. (7) The private street serving residential development with a density of less than four units per acre, must be located within a stiip of property at least 30 feet wide extending Planning Commission Pervious Paver Policy October 17, 2017 Page 14 of 35 out to the public right-of-way or covered by a 30-foot wide easement that is permanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street, nor the impervious st-ufaee lot coverage of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street tenninates, the area of the easement and impervious surface lot coverage of the driveway shall be included in the calculation of lot area and lot coverage for the lot. (8) Private streets serving residential development with a density equal to or greater than four units per acre, commercial, office, office industrial, or mixed-use districts, must be located within a strip of property at least 40 feet wide extending out to the public right- of-way or covered by a 40-foot wide easement that is pennanently recorded over all benefited and impacted parcels . Neither the area within the easement for the private street, nor the impervious surface lot coverage of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street tenninates, the area of the easement and impervious surface lot coverage of the driveway sha11 be included in the calculation of lot area and lot coverage for the lot. (9) Maintenance and repair of private utilities located within the private street sha11 be the responsibility of the benefiting property. (q) Private reserve strips controlling public access to streets shall be prohibited. (r) Flag lots may be permitted in residential districts with a density of less than four units per acre, if the crite1ia in valiance section 18-22 are met and upon consideration of the following: {l) The prevailing development pattern makes it unfeasible or inappropriate to construct a public/private street. In making this dete1mination, 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 smrnunding 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. (3) The use of a flag lot will permit enhanced protection of the city's natural resources, including wetlands and protected areas. (4) Sufficient open space is preserved or other provisions are made to offset the increased percentage of hardcover lot coverage that will be contained within the neck portion of the lots. (s) P1ivate streets serving up to four lots may be pennitted in residential developments with a density of less than four units per acre if the c1ite1ia in vaiiance section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to constmct a public street. In making this detennination, the city may consider the location of existing prope11y lines and homes, local or geographic conditions and the existence of wetlands. Planning Commission Pervious Paver Policy October 17, 2017 Page 15 of 35 (2) After reviewing the suITounding 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 pennit enhanced protection of the city's natural resources, including wetlands and protected areas. (t) Temporary cul-de-sac must be constructed at all locations where a street stub will be constructed and will be extended in the future. The temporary cul-de-sac must be 90 feet in diameter and lie within platted right-of-way or easement. TI1e developer must submit an escrow for the cost of removing the temporary cul-de-sac and vacating the easement (if applicable). Sec. 20-109. -Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting, at which it is to be considered. Prior to filing an application for site plan review, the applicant shall attend a conference with city staff. The p1imary purpose of the conference shall be to provide the applicant with an opp01tunity to gather infonnation and obtain guidance on the general me1its of the proposal and its confo1mity to the provisions of the comprehensive plan and the City Code before incun'ing substantial expense. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has detennined that official action is waITanted. The application shall also include: (I) Evidence of ownership or an interest in the property; (2) The application fee; (3) Complete site plans, signed by a registered architect, civil engineer, landscap e architect or other design professional, to include the following. ( 4) General: a. Name of project. b. Name, address and telephone numb er of applicant , engineer, and owner of record. c. Legal description (certificate of survey will be required). d . Date proposed, north aITow, engineering scale, number of sheets , name of drawer. e. Vicinity map showing relationship of the proposed development to suITounding streets, rights-of-way, easements and natural features . f. Description of intended use of the site, buildings and structures, including type of occupancy and estimated occupancy load. g. Existing zoning and land use. h. Tabulation box indicating: 1. Size of parcel in acres and square feet. 2. Gross floor area of each building. Planning Commission Pervious Paver Policy October 17, 2017 Page 16 of 35 3. Percent of site covered by building. 4. Percent of lot coverage on site ooverea broken out by impervious surface and pe1·vious pavement. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. 11. Breakdown of the building area allocated for specific uses, e .g ., manufacturing, office, retail, showroom, warehouse, etc. (5) Site and building plan: a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations. b. Grading and drainage plans showing existing natural features (topography, wetlands, vegetation, etc.), as well as proposed grade elevations and sedimentation and sto1mwater retention ponds. Plans shall include mnoff and storage calculations for ten-year and 100-year events. If stormwater is proposed to be routed to existing st01mwater ponds, documentation shall be provided to demonstrate that the downstream pond is sufficient to accommodate the additional stonnwater. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights-of-way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and drivewa ys. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic-control devices . e. Landscaping plan in accordance with the provisions of article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. Screening shall be provided from the perspective of a point six feet high at all adjacent property lines or from a distance of 250 feet, whichever is greater. h. Location and detail of signage including method of lighting, height, width, sign display area , etc. i. Lighting location, style, mounting and photometrics. Planning Commission Pervious Paver Policy October 17 , 2017 Page 17 of35 J. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k . Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. I. List of proposed hazardous materials, use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city. o. 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. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: a. Building elevations from all directions, indicating materials, colors and landscaping at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways . c . Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale a11work and other uncommon constructs. e. Sample building materials. f. Sample paving materials, upon the city's request. (7) Within the BCO district, th e 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. b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code, including lands lying in the p1imary and secondary zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, floodplains and designated wetlands. Calculation of allowable impervious €0'\lef sm·face may include bluffs and floodplains but shall specifically exclude designated wetlands. Sec. 20-254. -Churches. (a) The following applies to churches located inside the Metropolitan Urban Services Area (MUSA): Planning Commission Pervious Paver Policy October I 7, 2017 Page 18 of 35 (1) The site shall be located on a collector or arterial roadway as identified in the comprehensive plan or located so that access can be provided without conducting traffic through residential concentration. (2) The structure must be set back 50 feet from all property lines. (3) Parking areas shall be set back 25 feet from streets and nonresidential property. ( 4) No more than 70 pereent of the site is to be covered with impervious surface L ot coverage shall not exceed 70 percent of the site and the remainder is to be suitably landscaped in confo1111ance with article XXV. (b) In addition to the criteria in subsection (a), the following applies to churches located outside the Metropolitan Urban Services Area : The following must be provided for review: a. Location of two drainfield sites. b. Two soil borings on each drainfield site for a total of four soil borings. c. No percolation tests for drainfield sites where the land slope is between zero and 12 percent. d . One percolation test per drainfield site where the land slope is between 13 and 25 percent. e. Areas where the land slope exceeds 25 percent shall not be considered as a potential soil treatment site. f. The sewage treatment system must be in confo1mance with chapter I 9 , article IV. g. School and day care uses accessory to the church use are not pennitted unless approved by the city council. Sec. 20-485. -Stormwater management. Impervious surface Lot coverage of lots shall not exceed 25 percent of the lot area, except as follows: (1) Thirty-five percent for medium/high density residential zones; and (2) Seventy percent in industrial zones within the Lake Susan Shoreland District. Sec. 20-490. -Nonconforming lots. (a) A nonconfonning single lot ofrecord located within the Shoreland Management District may be allowed as a building site without variances from lot size requirements, provided that : (1) All structure and septic system setback distance requirements can be met; (2) A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, can be installed or the lot is connected to a public sewer; and Planning Commission Pervious Paver Policy October 17 , 2017 Page 19 of 35 (3) The impervious smfaoe lot coverage does not exceed 25 percent. of the lot. (b) In a group of two or more contiguous lots of record under a common ownership an individual lot must be considered as a separate parcel ofland for the purpose of sale or development, if it meets the following requirements: (1) The lot must be at least 75 percent of the dimensional standard for lot width and lot size for the shoreland classification; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, Chapter 7080, and local government controls ; (3) Jmpervious surface Lot coverage must not exceed 25 percent of each lot; and (4) Development of the lot must be consistent with the city's comprehensive plan. ( c) A lot subject to subsection (b) not meeting the requirements of subsection (b) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (d) Notwithstanding subsection (b), contiguous nonconfonning lots ofrecord in the Shoreland Management District under a common ownership may be sold or purchased individua lly if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for , or served by, a sewage treatment system consistent with the requirements of M.S. § 115.55 and Minnesota Rules, Chapter 7080, or connected to a public sewer. ( e) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning autho1ity shall require the p roperty owner to address, when appropriate, stonnwater nmoff management, reducing impervious surfaces , increasing s etback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Ord. No. 543, § 2, 6-25-12) Sec. 20-505. -Required general standards. (a) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the sun-ounding use. The city shall consider the location of buildings, ' I i ' ' ' i I \ I Planning Commission Pervious Paver Policy October 17, 2017 Page 20 of 35 compatibility, parking areas and other features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance standards. (c) Density. An increase/transfer for density may be allowed at the sole discretion of the city utilizing the following factors : (1) Density within a PUD shall be calculated on net acreage located within the property lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single-family detached area will be evaluated using the items listed in sections 20-506 or 20-508. Density transfer eligible for multiple-family areas are not pennitted to be applied to single-family areas. ( 4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. ( d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing l ow and moderate cost housing. Incentives may be approved by the city contingent upon the developer and the city ente1ing into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. (e) Hard sutfaoe L ot coverage shall be limited as follows: Comprehensive Herd Surfaee Lot Plan Designation Coverage (%) Low or medium density residential 30 High density residential 50 Office 70 ---- Commercial (neighborhood or community) 70 Commercial (regional) 70 ----- Industrial l 70 Mixed use 70* Individual Jots within PUD may exceed these standards as long as the average meets these standards. I I I I I Planning Commission Pervious Paver Policy October 17, 2017 Page21 of35 (f) Building and parking setbacks from public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a PUD. Where industrial uses abut developed platted or planned single-family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth henning, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan and chapter 20, aiiicle XXV, of the Chanhassen City Code. (g) More than one building may be placed on one platted or recorded lot in a PUD. (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with tl1e approved master development plan and final site and building plan. After approval, parcels may be sold to other pa1iies without restriction, however, all parcels will remain subject to the PUD development contract that will be recorded in each chain-of-title. (i) Signs shall be restricted to those which are pennitted in the sign plan approved by the city and shall be regulated by pennanent covenants or design standards established in the PUD development contract. (j) The requirements contained in articles XXIII and XXV of this chapter may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. (I) No building or other permit shall be issued for any work on prope1iy included within a proposed or approved PUD, nor shall any work occur unless such work is in compliance with the proposed or approved PUD. (m) Buffer yards. (1) The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, a1iicle XXV, of the Chanhassen City Code. (2) The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use . Planning Commission Pervious Paver Policy October 17 , 2017 Page 22 of 35 (3) The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of be1ming , landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city , new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the prope11y owner. Sec. 20-575. -Lot requirements and setbacks. The following minimum requirements shall be observed in an "A-2" District subject to additional requirements , exceptions, and modifications set forth in this chapter: ( l) The minimum lot area is two and one-half acres, subject to section 20-906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one-unit per ten-acre density applies to contiguous prope11y under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a prope11y, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. (2) TI1e minimwn lot frontage is 200 feet, except that the minimum lot frontage of lots fronting on a cul-de-sac shall be at least 200 feet at the building setback line. (3) The minimum lot depth is 200 feet, except that lots fronting on a cul-de-sac shall be at least 200 feet at the building setback line. (4) The maximum lot coverage is :2-9 25 percent , of which no more than 20 percent can be impervious sm·faces. (5) The minimum setbacks are as follows : a . For front yards , 50 feet. b. For rear yards, 50 feet. c. For side yards, ten feet. (6) The maximum height is as follows: a. For the principal structure, three stories/35 feet. b. For accessory structures, three stories/35 feet. (7) The minimwn dliveway separation is as follows: a. If th e driveway is on a collector street, 400 feet. b. If the driveway is on an arterial street, 1,250 feet. Planning Commission Pervious Paver Policy October 17, 2017 Page 23 of 35 (Ord. No. 80,Art. V, § 3(5-3-5), 12-15-86;Ord. No.170, § 1, 7-23-92; Ord. No. 194, § 1, 10-11- 93; Ord. No. 332, § 1, 12-10-01; Ord. No. 377, § 75, 5-24-04) Sec. 20-595. -Lot requirements and setbacks . The following minimum requirements shall be observed in an "RR" District subject to additional requirements set forth in this chapter: (1) The minimum lot area is two and one-half acres, subject to section 20-906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one-unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a prope11y, a development -contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. (2) The minimum lot frontage is 200 feet, except that the minimum lot frontage of lots fronting on a cul-de-sac shall be at least 200 feet at the building setback line. (3) The minimum lot depth is 200 feet, except that lots fronting on a cul-de-sac shall be at least 200 feet at the building setback line. (4) The maximum lot coverage is~ 25 percent, of which no more than 20 percent can be impervious surfaces. (5) The minimum setbacks are as follows: a. For front yards , 50 feet. b . For rear yards, 50 feet. c. For side yards, ten feet. (6) The maximum height is as follows: a. For the principal structure, three stories/35 feet. b. For accessory structures, three stories/35 feet. (7) The minimum dtiveway separation is as follows: a. If the driveway is on a collector street, 400 feet. b. If the driveway is on an arterial street, 1,250 feet. (Ord. No. 80, Art. V, § 4(5-4-5), 12-15-86; Ord. No. 127, § 2, 3-26-90; Ord. No. 170, § 2 , 6-8- 92; Ord. No. 194, § 2, 10-11-93; Ord. No. 332, § 2 , 12 -10-01 ; Ord. No. 377, § 79, 5-24-04) Sec. 20-615. -Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18: Planning Commission Perviou s Paver Policy October 17, 2017 Page 24 of 35 (]) The minimum lot area is 15 ,000 square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the 11 neck 11 has been excluded from consideration. (2) The minimum lot frontage is 90 feet , except that lots fronting on a cul-de-sac "bubble" shall be 90 feet in width at the building setback line. The location of this lot is conceptually illustrated below . Lots wbKe· frootug,e iit m:eesµrcd at: the. setback.tin~ Frontage Measured at Setback Line (3) The minimum lot depth is 125 feet. (4) Lot width on neck or flag lots and lots accessed by private streets shall be 100 feet as measured at the front building setback line. The location of these lots is conceptually illustrated below. -----------·-. --. - Planning Commission Pervious Paver Policy October 17, 2017 Page 25 of 35 NECK/FLAG LOTS FRONT LOT LD.\JE STREET 100' LOT WIDTH Neck/Flag Lots (5) The maximum lot coverage for all structures and paved surfaces is ~ 30 percent, of which no more than 25 percent can be impervious surfaces . For flag/neck lots neither the area within the neck , nor the impervious surfaee lot coverage of the driveway within the neck shall be included within the calculation of the lot area or lot coverage of the lot. (6) The setbacks are as follows: a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards , ten feet. (7) The setbacks for lots served by private streets and/or neck lots are as follows: a. For front yard, 30 feet. The front yard shall be the lot line nearest the public right- of-way that provides access to the parcel. The rear yard lot line is to be located opposite from th e front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a I 00-foot minimum width . b . For rear yards, 30 feet. c. For side yards, ten feet. (8) The maximum height is as follows: a. For the principal structure, tlu-ee stories/35 feet. b. For accessory structures, 20 feet. (Ord. No. 80, Art . V , § 5(5-5-5), 12-15-86 ; Ord . No. 90, § 1, 3-14-88; Ord. No. 127 , § 3, 3-26- 90; Ord. No. 145, § 2, 4-8-91; Ord. No. 240, § 18, 7-24-95; Ord. No. 324, § 23 , 7-9-01; Ord. No. 377 , § 81, 5-24-04; Ord. No. 409, § 4, 1-9-06; Ord . No. 619, § 7, 2-27 -17) Planning Commission Pervious Paver Policy October I 7, 2017 Page 26 of 35 Editol''s note-Section 2 of Ord. No. 145 purported to amend§ 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-6 l 5(7)b., subsequent to amendment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2 , were included as amending§ 20-615(7)b. Sec. 20-635. -Lot requirements and setbacks. The following minimum requirements sha11 be observed in an "R-4" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. For a detached single-family dwelling unit, 15,000 square feet per unit. b. For a two-family dwelling, 10,000 square feet per dwelling unit. (2) The minimum lot frontage is as follows : a. For a single-family dwelling, 80 feet. b. For a two-family dwelling, 50 feet per dwelling unit. c. If the lot fronts on a cul-de-sac the width of the lot at the building setback lines shall be: 1. In the case of a single-family dwelling, 80 feet. 2 . In the case of a two-family dwelling, 50 feet. (3) The minimum lot depth is 125 feet. ( 4) The maximum lot coverage for all strnctures and paved surfaces is W 35 percent, of which n o more than 30 percent can be impervious surfaces. (5) The setbacks are as follows: a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards, ten feet. (6) The maximum height is as follows: a. For the p1incipal strncture, three stories/35 feet. b. For accessory structures, one story/15 feet. (Ord. No. 80, A.!1. V, § 6(5-6-5), 12-15-86; Ord. No. 90, § 2, 3-14-88; Ord. No. 377, § 83, 5-24- 04) Sec. 20-641. -Intent. The intent of the "RLM" distlict is to provide for single-family attached or detached residential development on land guided residential-low or medium density in the city's comprehensive plan with a maximum net density of eight units per acre. The "RLM" district is intended to be used where large areas of upland will be preserved or created as pennanent open space to balance the higher hard surface lot coverage pe1mitted on individual lots . Planning Commission Pervious Paver Policy October 17, 2017 Page 27 of35 Sec. 20 -645. -L ot requirements and setbacks. The following minimum requirements shall be observed in an "RLM" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. If a single-family dwelling is located on the lot, 9,000 square feet per dwelling unit. b. If a two-family dwelling is located on the lot, 7,260 square feet per dwelling unit. c. If a townhouse or multiple-family project is located on the lot, an average of 5,445 square feet per dwelling unit. (2) The minimum lot frontage: a. Single-family and two-family dwellings are 50 feet except that in the case of a lot that fronts on a cul-de-sac or on the outside of a curve on a curvilinear street, the width of the lot at the building setback line shall be 50 feet. b. Townhouses and multifamily dwellings are 30 feet except that in the case of a Jot that fronts on a cul-de-sac or on the outside of a curve on a curvilinear street, the width of the lot at the building setback line shall be 30 feet. (3) The minimum lot depth: a. If a single-family dwelling, the minimum depth is 110 feet. b. If a two-family dwelling minimum depth is I 00 feet. c. If a townhouse or multiple-family dwelling minimum depth is 100 feet. (4) The maximum lot coverage is: a. If a single-family dwelling,~ 40 percent, of which no more than 35 percent can be impervious surfaces. b. If a two-family dwelling, 4-0 45 percent of which no more than 40 percent can be impervious surfaces .. c. If a townhouse or multiple-family dwelling 50 percent. (5) The setbacks are as follows: a. If a single-family dwelling: 1. For front yards, 25 feet. 2. For rear yards, 25 feet. 3. For side yards, five feet on garage side and ten feet on house side. Minimum separation between structures on adjacent parcels shall be 15 feet. b. If a two-family dwelling: 1. For front yards, 25 feet. 2. For rear yards, 30 feet. Planning Commission Pervious Paver Policy October 17, 2017 Page 28 of 35 3. For side yards, ten feet where no common wall is located. c. If a townhouse or multiple-family dwelling: 1. For front yards, 25 feet. 2. For rear yards, 25 feet. 3. For side yards, ten feet where no common wall is located. (6) The maximum height is as follows : a. For the principal structure, three stories/35 feet. b. For accessory structures, one storyi15 feet. (Ord. No. 377, § 85, 5-24-04; Ord. No. 423, § 4, 6-12-06) Sec. 20-905. -Single-family dwellings . All single-family detached homes shall: (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. (2) Confonn to the following standards for living areas: a. If a one-story rambler design, have an area of 960 square feet. b. If a split level design, have an area of 1,050 square feet. c. If a split foyer and two-story design, have an area of 600 square feet on the first floor. d. A two-car garage must be provided with the single-family structure. (3) Have an eatth covered, composition, shingled or tiled roof or other materials approved by the Minnesota State Building Code as adopted and amended by the city. (4) Receive a building pennit. The application for a building permit in addition to other information required shall indicate the height , size, design and the appearance of all elevations of the proposed building and a description of the construction mate1ials proposed to be used. (5) Meet the requirements of the Minnesota State Building Code, as adopted and amended by the city or the applicable manufactured housing code. (6) Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum ten feet by ten feet hard surface area of patio shall be assumed. Such hm:d surface This patio area must be shown to comply with required property line, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bting the site's h-affi surface lot coverage above that permitted by ordinance. Sec. 20-921-Pervious Pavement Properly designed, installed, and maintained pervious pavements have the capacity to allow for stormwater detention and/or infiltration. When not properly designed, installed, Planning Commission Pervious Paver Policy October 17, 2017 Page 29 of35 and maintained pervious pavements fail to facilitate the detention and/01· infiltration of stormwater. Additionally, pervious pavements contribute to the creation of heat islands and do not provide the same surface water managements benefits as native vegetati ve cove1·. For these reasons, it is necessary to regulate the lot coverage, design, installation, and maintenance of these systems. 1) Lot Coverage: Pervious pavements are conside1·ed to constitute lot coverage; however, they do not constitute impervious surfaces. 2) L ocation Restrictions: a. Pervious Pavements may not be installed in areas where trash or garbage receptacles will be stored. 3) Installation: a. To meet the city's definition of pervious pavement the system must be designed in compliance with standards established by the Interlocking Concrete Pavement Institute (ICPI) and installed by an ICPI certified installer. b. The City Engineer may permit pervious pavement technologies other than permeable interlocking concrete pavers, so long as the City Engineer determines they are functionally equivalent or better, and the system is designed in compliance with accepted guidelines and is installed by an appropriately certified installer. 4) Maintenance: a. The owner of a pervious paver system must enter into a maintenance agreement with the city to ensure the system performs as designed in perpetuity. T his agreement must conform to the manufactures guidelines, and stipulate the frequency and type of maintenance to be perfo1·med. Sec. 20-1072. -L andscaping. (a) Where natural or existing topographic patterns contribute to the beauty or utility of a development, they shall be preserved to the greatest extent possible. Modification to topography will be permitted where and to the extent that it contributes to good design . All topographic modifications shall adhere to the practices delineated in the city's surface water management plan. (b) The grades of all walks, parking spaces , ten-aces, and other paved areas shall confonn with the requirements of the Americans with Disabilities Act. In addition, they shall provide an inviting and stable appearance for walking. Stairs and ramps may be substituted for slanted pavement when necessary. (c) All landscape shall preserve and enhance natural features (such as wetlands, drainage ways, mature stands of trees, and the like), enhance architectural features, strengthen vistas and impo1tant axes, and provide shade. ( d) Landscaping shall emphasize massing of plant materials over isolated or scattered placement of individual specimens. Reforestation as prescribed by the city's tree preservation and reforestation ordinance is encouraged. Planning Commission Pervious Paver Policy October 17, 2017 Page 30 of 35 00 THIS Massing of Plant Materials t.lOTTHS ( e) Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by con-elation with natural existing materials and adjacent developments where appropriate. Unity o(Design (f) Plant material shall be selected for interest in its structure, texture and color, and for its ultimate growth size. Plants that are indigenous to the area and others that will be hardy, harmonious to the design of good appearance, and of relatively easy maintenance shall be used. (g) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or similar devices. Tree Diagram Planning Commission Pervious Paver Policy October 17, 2017 Page 31 of 35 (h) Where building sites limit planting, the placement of trees in parkways, gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consideration shall be given to the special needs of plants suirnunded by impervious surfaces. In these instances, pref ere nee is given to surrounding plantings with pervious pavers to allow for the infiltration of stormwater into the root zone . r~---, 1° I L ___ ~ DOTltS 1o-o-o1 I I I I [Q _____ Qj NOTntS TREE PlACEMENT Tree Placement (i) In areas where general planting will not prosper, other solutions-such as fences , walls, rock gardens, raised planters, or paving of wood, btick stone, gravel, or cobbles-sha11 be used. Carefully selected plants shall be included. At.TERNATIVE l.AN>SCAPE TREA!t.ENT Rock Gardens (i) Landscaping and tree removal shal1 be consistent with ruticle XXV in the City Code. Sec. 20-1122. -Access and driveways. The purpose of this section is to provide minimum design critetia, setback and slope standards for vehicular use. The intent is to reduce intetference with drainage and utility easements by providing setback standards; reduce erosion by requiting a hard surface for all driveways; to limit the number of driveway access points to public streets and to direct drainage toward the street via establishment of minimum driveway slope standards. Parking and loading spaces shall have proper access from a public tight-of-way. The number ru1d width of access drives shall be located to minimize traffic congestion and abnonnal traffic hazard. All driveways shall m eet the following c1ite1ia: (1) Driveways shall be setback at least ten feet from the side property lines , except on lots that access off of a cul-de-sac "bubble", neck or flag lot where the lot frontage may Planning Commission Pervious Paver Policy October 17, 2017 Page 32 of 35 prohibit meeting the side yard setback requirement. Beginning 20 feet from the front property line , driveways may be setback a minimum of five feet from the side prope1ty line or the distance of the existing drainage and utility easement on the particular lot or parcel. Encroachment into a side yard drainage and utility easement must be reviewed and approved by the city and may require an encroachment agreement. (2) D1iveway 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. (3) Within the tight-of-way driveways should access city streets at 90 degrees. ( 4) In areas located within the Metropolitan Urban Services Area (MUSA) as identified on the comprehensive plan, driveways shall be surfaced with bituminous, concrete or other hard surface matetial, as approved by the city engineer. In areas outside the MUSA, driveways shall be surfaced from the intersection of the road through the right- of-way portion of the driveway with bituminous, concrete or other hard surface material, as approved by the city engineer. (5) On corner lots, the minimum corner clearance from the roadway right-of-way line shall be at least 30 feet to the edge of the dtiveway. (6) For A-2, PUD-R for single-family detached houses, RR, RSF , R-4 and RLM for single-family detached residential uses, the width of the d1iveway access shall not exceed 24 feet at the right-of-way line. No portion of the right-of-way may be paved except that pottion used for the driveway. Inside the property line of the site, the maximum driveway width shall not exceed 50 feet. For flag/neck lots the impeP,rious surface lot coverage of the driveway access within the neck portion of flag/neck lots shall not exceed 33 percent of the neck's area. For a11 lots the minimum driveway width shall not be less than ten feet. (7) For all other uses , the width of the driveway access shall not exceed 36 feet in width measured at the roadway right-of-way line. No portion of the right-of-way may be paved except that po1tion used for the driveway. (8) Driveway setbacks may be reduced subject to approval by the city engineer and the following criteria: a. The driveway will not interfere with any existing drainage swale or easement in which a utility is contained; b. Shall require an easement encroachment agreement from the engineering department ; c. The driveway must be designed to maintain stonnwater drainage runoff on the prope1ty to ensure that it will not cause runoff onto adjacent properties ; d. Snow storage may not be placed on adjacent properties; and e. Lot frontage on lots that access off of a cul-de-sac "bubble", neck or flag lot do not pennit adequate driveway access width or side yard setback. Pla1ming Commission Pervious Paver Policy October 17, 2017 Page 33 of 35 (9) Accessory dliveways shall be maintained as natural grass or be constrncted of bituminous, concrete, or paver surface. (10) One driveway access is allowed from a single residential lot to the street. (11) A turnaround is required on a driveway entering onto a state highway, county road or collector roadway as designated in the comprehensive plan, and onto city streets where this is deemed necessary by the city engineer, based on traffic counts, sight distances, street grades, or other relevant factors. If the engineer requires a turnaround, this requirement will be stated on the building permit. (12) Separate driveways serving utility facilities are pennitted. (13) All driveways must be constructed in accordance with current construction requirements/details. A driveway permit is required when any alteration is made to a driveway in the public right-of-way. A zoning permit may be required for any other driveway work not in the public right-of-way along with other requirements to determine if the improvement will meet zoning ordinance requirements of the particular lot or parcel. Sec. 20-1181. -Vehicular areas. (a) When parking lot pe1imeters where vehicular areas, including driveways and drive aisles, are not entirely screened visually by an intervening building or structure or land mass from any abutting right-of-way, there shall be provided landscaping designed to buffer direct views of cars and vehicular use areas hard surface areas. The landscaping must break up expanses of hard surfaee vehicular use areas, help to visually define boulevards and soften direct views of parking areas and provide for reforestation with overstory tree from the approved tree species list identified for parking or other species as approved by city staff. All new planting areas must have an irrigation system installed. Publicly owned and operated parking lots used for long duration parking may be exempt from this requirement when there is a demonstrated concern regarding security safety. ~ 111 ft I i i® I frf I dllJ lJ O I 111111©, I I II I $ Illustration (b) Interior landscaping for vehicular use areas: (1) Any open vehicular use areas containing more than 6,000 square feet of area, or 20 or more vehicular parking spaces, shall provide inte1ior landscaping in accordance with this division in addition to "pe1imeter" landscaping. Interior landscaping may be Planning Commission Pervious Paver Policy October 17, 2017 Page 34 of35 peninsular or island types. Landscaped area shall include a11 parking lot and drive islands and perimeter green spaces. Required setback areas shall be excluded. (2) For each 100 square feet, or fraction thereof, of vehicular use area, eight square feet of landscaped area shall be provided. (3) The minimum landscape area permitted shall be 200 square feet, with a six-foot minimum dimension to all trees from edge of pavement where vehicles overhang and a four-foot minimum dimension to all trees where vehicles do not overhang. (4) In order to encourage the required landscape area to be properly dispersed, a minimum of one peninsular, island, or boulevard type landscaped area shall be located within each 6,000 square feet of vehicular use area. (5) A minimum of one tree shall be required for each 250 square feet or fraction thereof, of required landscape area. Trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs, or ground cover (not to include rocks or gravel except as a mulch around shrubs and ground cover), not to exceed two feet in height. ( 6) The inside width, behind the curb in landscape islands or peninsulas, shall be a minimum of ten feet. (7) All landscaped areas shall be protected by concrete curbing. (8) All landscaping area shall have the proper soil preparation to ensure the viability of the vegetation to survive. The landscaping plan shall provide specifications for proper soil preparation. Sec. 20-1408. -Impenrieas sarfaees. Lot coverage Creation of impervious surfaces Lot cove1·age, impervious sul'faces and pervious pavement, within the bluff setback may contribute to bluff instability due to increased runoff and/or erosion. Impervious smfaees are Lot coverage is prohibited within the bluff setback unless specifically authorized within this a1iicle. Sec. 20-1556. -Impervious surface, lot coverage, and slopes. To the greatest extent possible, all development shall minimize the amount of impervious surface by clusteiing development, using common access drives and utility corridors and minimizing building footprint size. Roads, walkways, bike trails, and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of natural topography and vegetation. Management of surface runoff caused by impervious cover shall be designed using practices delineated in the city's surface water management plan. Within the secondary zone of the BCO district, areas with average slopes exceeding 25 percent shall be preserved in their natural state and maintained as pennanent open space. Areas with average slopes less than 25 percent but greater than ten percent shaJl not exceed 25 percent lot coverage. an impervious smface coverage of25 pern0Ht. Impervious co•;erage L ot coverage for areas where average slopes are less than ten percent shall be governed by the underlying zoning district. Planning Commission Pervious Paver Policy October 17, 2017 Page 35 of 35 Attachments: 1) Research Table 2) Pavers Ordinance G:\PLAN\City Code\2017\Various\Pavers\Staff Memo Planning Commission Pervious Pavers IO_l 1_20 17 Impervious surface Rules and Policies of Select CiUes. (,ty Term\ Orl1nitions Rt•~ldent1at /\pproilch Non re".1d~ nt1t1! /\ppro;ich Shorel;md Paven/PCI\IIOU~ Tr>ch Note, Chanhustn Hardcover/Impervious ~ ,mperviou, surface/anylhh1& that SYbsta11til,~tly Umlt on~ lot coveraie arid paved Uinlt on "lot co~ge and paved 25" except 35" for medium/high res Polley I; 10 claulfy a.s lmpeiVious Surface/lot Coverage reduce:. or p,events lnfiltn,t,on of surfaces Detached single family surfaces. and 7°" In Lalie SuSttn lndust11,.t ZonP\ surlacc. srormwater/portlon of lot covered by lmPf'rvlous generally 20-3S%. surface Chaska Floor Area Ratto/Lot Coverage Total floor area divided by total lot area/Jot area some ton~ have FAR (.25 for primary, A Limits on FAR and Building Coverage. 30" limit on impervious. Pavers do not count. Emailed. Summary of response: Pavers covered by principal and accessory buildings; w/ accessory), most seem limited by don't count. Only count buildings and setbacks and restrictions on size and accessory structures. No exceptions. number of accessory structures. Cottage Grove Floor Are-a R111tio/impe,vto1J.S Floor a,ea dnfided by lot area/undefined limit on 11umber and s,ze-of accessory by Ma•,mum Building (c)verage. Ma:uri'\u,n Building Coverage Unclear. Do no1 define fmpcrvloi.r.,., best gue.5,s is district. flmit on 1mpervlous" tn rear they ignore nor1·bU1ld1"gs. Emalled. No yard, and" lim1t on imper-vious surface respon~ Of 'StrnctuJl!S-1010 5()%_ Elk River Floor Area Ratio/lot Co...erage Floor area divided by lot area/"4 of lot area that Umlt on lot coverage. Detached singte limit on% lot coverage. 25" impervious surface. No credit Counts as Impervious in shoreland. Emailed. Summary of response: Only can be covel'ed by principle and accessory family generally 25"· 40" for multi· allowed. All count. bulldings count outside of shoreJand. In structures. fi,m\ly. Rural 1cc~sory caped by number shoreland everything counts. Handle and size, others seem limited by e1tceptions through varii'lnce proccu. setbacks. Only structures count Inver Grove Heights lmperv'lou-s Surface 3rea c.overed or physically altered Md haJ hard Limited number of accessory structures limit on lm~rvious surfac~ or 25" (high if they provided implemented Con~ldered Impervious •1 uke this• Emalled. Summa,v of surface which tncreases flow rate teveivthtns btll w,1h ma10mum ,ize. sJlctlng Impervious" building cover.:tgf!. storm water mat'\agement plan and CUP) Response· All count, but get bonus J O'Jf, docl.11 wrth tou less than 9,000 beinc allowed tot englnePl'ed wstems. 4()% and l,Mger lou t,eln8 .allowed J°"· can set e,1Ctra 10" via CUP Uno Lakes Impervious Surface Compacted surface Of 1urface cove,ed by Limit" lot cover for accessory building Lot coven,ge " 301' 1·2 famllv re5, 35" for 3-4 family Not Impervious (If engineered). Emailed. Summary of Resf)onse: Must mateflals that Increase run off {llU everything) and garag~. maximum size, and number. res, 60" for Com/Ind. Minimum open provide engineered diagrams, and up to Detached single family limited to 40% space for developments. 100% credit for impervious if engineer lmoervlous agrees. Prior Lake floor Are• Ratlo/lmpervlous floor aie• divided b'/ lot area/covering that doeJ. rear lot maid.mum of JO%c.ovet and size Floor area ratio for some districts. JO% Considered tmpervious.. Emailed. Summary of ,es-ponse: Pe<vloui. not aUow water to percolate in natural soil limlt. sround floor .-irea ratio <.ari for not credited, Skfewatlts under 3' wide and some districts (.30 )S). open dee.ks don't count Rest does. Rosemount Impervious Surface/lot Coverage surface that allowS llttle to no water Umlt on sbe of accessory structures, Maximum lot cQVt!rage District standards. Ordinanc~ SIient, but city has been Emailed. Summary of response: All bu1 penetration/% of k>t covered w1th structures, maximum lot co-.,erage (30-40% detached allowing credit If engineered (case decks are lot coverage, Pavcrs .ore pa-Jed and other Impervious surfaces. single family), by case). evaluated case by c:,ne. Ordinance is silent, but if applicants provided detailed engineering the City has been allowing Mvers. ~vage floor 1re1 l'&tkJ/lml)efviou.s floor trea divided by lot llfea/area th.It C&nnot limit on s11c and number of a<ceMory Ma:a:1ill11m 84.Jikflng Cover-age. JO% Considered impervious. No credit £mttiled Summerv of respol"lse· Paver-s Surface l!lbSorb ,11infall and cause Increased rtlll off strUC1ures. 35" impervious surface (can 1,Jven. ,ue Impervious. patios. pools. driveway). be muea.sed through CUP), no structure spon coons, sheds. all ,oof count, over 5% of rear yard re.sMer,tLJI caped at 3S% hu, car, exceed with CUP through englneertng. Shakopee Floor area ratio/Impervious floor area divided by lot area/" of lot area 30 to 50% Impervious surface Maximum impervious surface 25% Considered impervious. Emailed, Summary of response: surface percentage covered by surfaces impervious to penetratk>n by coverage Everything lncludlng decks and pools are water. considered Impervious. PUD/vaflance allowed to exceed. C,t,, Terms Definrtwns Res1dent1al Approat:h Non re~1dent1al Approach .Shorcl.1nd Pavers/Per\11ou~ Tech Note~ Stillwater Floor are, ratio floor erea divided by 101 Mea Some sdpt.1lated m;,-.imum lot coverage, Mulmum k>t coveraRe, 25" Pavers coun1.. sometimes tt houses Emailed Summary of ResponJe Patios, flmiu on ma:.:,mum att.'tSM)()' strvcture get wuiance to exceed they require decks, dr1\leways. house-1. ',heds, and Silt and number. they use paver5. ga, age,5, •re tot cover.1se. Abby called; Everything ts co,,stdeted lmpe, vk)11s, older dlst,lcts a,e 25,. structure and 25" non, seventies to eighties subdM,lons limjfecJ to 30"· newer art u11lln1ited so long H setbaW meet. They try to took at the total subdivision's stormwater. Minnetonka Floor area ratio/Impervious noor area divided by lot area/material provldlng a ftoor area ratio limit, limlt on structure Floor area ratio and impervious 30% Impervious within 150' of OHWL, Credlt for void space and up to 30% Emailed. Summary of Responses: Drew: surface/lot coverage hard surface that prevents normal Infiltration of size, setbacks surracefim1t 75% impervious outside 1SO' of OHWL if engineered. City doesn't have max requirements stormwater/port1on of lot covel'ed by impervious, outside of shorelilnd. Setbacks are only bulldlng, driveway, or parking. limit. Within shoreland there are limits and options for redudna coverage~ Aaron; short is credit for void spacing. sometimes credit on dMign (up to 30%) If engineered, Count C\/Crythlng in Shoreland, rest currently exempt. r E~nPrairit Base are, r3tio/floor ,rea r~tlo 1.st floor area dMd~ by lot area/floot 11rea accessory building floor are11 ratio limited FJoOf or base area ratlo.s. ,ome have 30"' Unclear, but gh,en that ,hey focos Emailed. No respcrut. dlvlded by k>1 area lmpetvlou, caps on bulldinJt floor a,ea It ls onlikelv they count them as lotperv'ou~ Victoria Floor are, ratio/impervious floor area divided by lot area/prevents o, reduces mavimum lot coverage (2S" for single maximum lot area and/or floor area Definition states pavers don't Emailed. Summary of response: surface/Jot coverage lnfiltrat1on{pavers don't count)/area of lot family detached), mu;imum size of ratio count. Homeowners can replace existing HC with occupied by buildings accessory structures, pavers to reduce percentage, all but retaining walls treated as HC. For Pervious Drives must use conh'actor and submit engineered diagram. Sho,ewood fn)peNious Svrface an artificial or natural surface through which l.imlt number and stle of acce~ Madmum tmperviolU surface 25% Oolv 1i:ivt credit for pa,,ers If Emailed. Summary of Resp0nse-: Brad water, air 01 root.i cannot P""5.$ bolldfngs, 33" lmpervioui for single cnvrrage property b wav ove, and wm1ng ro Nielsen {bnlet~n@d.sh01ewood mn..us) family detached slgnificantly redue-e. would like a copy of report Eve,·ything rounu u lot cover/imper11Jous interested In paver s but concerned with maintenance and e.nforcemeJ11. Waconia Floor area ratio/hardcover floor 1rea divided by lot area/any structure or 35% hardcovef for detached residential, Maximum hardcover surface 25" Considered fmpervious. Emailed. Summary of Response: Pervtoui surface material that reduces or prevents the infiltration ma)[imum floor 1uea are considered impervious. However if of storm water including structures, driveways they can infiltntte some credit can be with any type of pavement or gravel. gl\len through the variance process. Very case by case. Pretty much everything but decks and fences are counted as impervious. PUDS can have higher caps. St. Loul.s Park Floor a,ea ratlo/hnpervious floor area divided by ~t .-,e4/sorfilce compat'ted building )he hmlts dnd no n10<e tNrn 25" Ma•hnum noor area ratio No tone1 Not lmpen1lous (If enalnee,e<I). Emailed. Surnrnary of Response: Zoning surface or covered, lodude.s most conventionally surfaced of rear yard, around rtoor rfltfo for doein't' have limited (FAA only), structures. pf1nclp1t .lS for detached single famlly. ER3'lneerlng doesn't count De.rvious p.,ven, as tmpervloui., u tong H .stormwar~, ts m3naged englneerin& illows lot coverage. Slte1 mu)l mee1 watt>rshed requirernenu Edina floor area ratio floor area divided by lot e,-ea IC•rver building sl1e Omits. building and structure Maximum floor area ratio and lot covernce limib bott'I percent and cap sq. coverage ft. for detached single family (2S·30l<) limit on numbet and sbt of acx:Msory Lurilt mulmum 1mperv1Uu) aod structUfeS.. c.anno1 have ec:ces.sory footprint greater than 75,C, principal marimum stnttture cov.=r d8e No zone? No1011e? tree 1S0 pavers and decking for Emallcd. From Phone Call: Parking lots patio then count. Piecemeal. Most and drlveways are excluded, as are sport stuff doesn't count. Grading/drainage man~gement through engineering (don't do It through zoning cause tt would courts, sldewalks, pools and a 4' apron, and most other things. Engineerfng: no code stops lC>OOG le, want to use engineering for lots over S°", says linden create too many non•conforming). hills has 6S" cap, require full lot survey (like our gradlng plan), no net Increase ... 10 yr att.u 14' for problem areas jnon-lssue not required), lots of discretion, concerns about maintenance especially when dealing with roof runoff. Note: NA Emall Charlie (cgerk@EdinaMN.gov) report once dtaft~dl Emal!ed. Summary of ~esponse; No regulat,on of k>t roveraae CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. !insert number! AN ORDINANCE AMENDING C HAPTER 1, GENERAL PROVISIONS, CHAPTER 7, BUILDING AND BUILDING REGULATIONS, CHAPTER 18, SUBDIVISIONS, AND CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MJNNESOT A ORDAINS: Section 1. Section 1-2 of the Chanhassen City Code is amended to read as follows: 1-hlrdeeva. See Impen~ieus su1_faee . Impervious surface means a surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include, but are not limited to, rooftops, storage areas, roads, sidewalks , patios, driveways, or parking lots made of concrete, asphalt, rock, or non-pervious pavement systems. (20) Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces and pervious pavement. (20) Pervious pavement allows storm water runoff to filter though surface voids into an underlying stone reservoir where it is temporarily stored and/or infiltrated. Examples of this technology include, but are not limited to porous pavers and permeable interlocking concrete pavers (PICP). Structure means anything manufactured, built, constructed, erected, or a portion thereof which is normally attached to or positioned on land, whether temporary or permanent in character, including, but not limited to, buildings, fences, sheds, advertising signs, dog kennels, hard surface parking areas, boardwalks, playground equipment, patios, or concrete slabs. (7) 20) Section 2. Section 7-19(12) of the Chanhassen City Code is amended to read as follows: (12) Indication of direction of surface water drainage by arrows; Section 3. The Chanhassen City Code is amended by adding Section 7-19(21) to read as follows: (21) Calculation of the amount and percentage of the lot coverage broken out by impervious surfaces and pervious pavement, if present. Section 4. Section 18-57(p )(7) of the Chanhassen City Code is amended to read as follows: 1 (7) The private street serving residential development with a density of less than four units per acre, must be located within a strip of property at least 30 feet wide extending out to the public right-of-way or covered by a 30-foot wide easement that is permanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street, nor the lot coverage of the p1ivate street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street tenninates, the area of the easement and lot coverage of the driveway shall be included in the calculation of lot area and lot coverage for the lot. Section 5. Section 18-57(p )(8) of the Chanhassen City Code is amended to read as follows: (8) Private streets serving residential development with a density equal to or greater than four units per acre, commercial, office, office industrial, or mixed-use districts, must be located within a strip of prope1ty at least 40 feet wide extending out to the public right- of-way or covered by a 40-foot wide easement that is pe1manently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street, nor lot coverage of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates, the area of the easement and lot coverage of the driveway shall be included in the calculation of lot area and lot coverage for the lot. Section 6. Section 18-57(r)(4) of the Chanhassen City Code is amended to read as follows: (4) Sufficient open space is preserved or other provisions are made to offset the increased percentage of lot coverage that will be contained within the neck portion of the lots. Section 7. Section 20-109(4)(h)(4) of the Chanhassen City Code is amended to read as follows: 4. Percent of lot coverage on site broken out by impervious surface and pervious pavement. Section 8. Section 20-109(7)(b) of the Chanhassen City Code is amended to read as follows: b. 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, floodplains and designated wetlands. Calculation of allowable impervious surface may include bluffs and floodplains but shall specifically exclude designated wetlands. Section 9. Section 20-254(4) of the Chanhassen City Code is amended to read as follows: (4) Lot coverage shall not exceed 70 percent of the site and the remainder is to be suitably landscaped in conformance with article XXV. Section 10. Section 20-485of the Chanhassen City Code is amended to read as follows: Sec. 20-485. -Stormwater management. 2 Lot coverage oflots shall no t exceed 25 percent of the lot area , except as fo llows: ( 1) Thi1iy-five percent for medium /high density resid ential zon es; a nd (2) Seventy percent in industrial zones within the Lake Susan Shoreland D i strict. Section 11. Section 20-490(a)(3) of the Chanhassen City Code is amended to read as follows: (3 ) The lo t coverage does not exceed 25 percent. Section 12. Section 20-490(b)(3) of the Chanhassen City Code is amended to read as fo llows: (3) Lot coverage must not exceed 25 percent of each lot; and Section 13. Section 20 -505(e) of the Chanhassen City Code is amended to read as foll ows: (e) Lot coverage shall be limited as follows : l \ : I ; I ! I I I I Comprehensive Lot Plan Designation Coverage (%) - Low or medium density residential 30 High density residential 50 Office I 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Mixed use 70* Individual lots within PUD may exceed these standards as long as the average meets these standards . Section 14. Section 20-575(4) of the Chanhass en City Code is amended to read as fo ll ows: I I I (4) The maximum lot cov erage is 25 percent, of which no more than 20 percent can be impervious smfaces. S ection 15. Section 20-595( 4) of the Chanhassen City Code is amended to read as fo ll ows: (4) The max immn lot coverage is 25 percent, of which no more than 20 percent can be impervious surfaces. 3 Section 16. Section 20-615(5) oft11e Chanhassen City Code is amended to read as follows: (5) The maximum lot coverage for all stmctures and paved smfaces is 30 percent, of which no more than 25 percent can be impervious surfaces. For flag/neck lots neither the area within the neck, nor the lot coverage of the driveway within the neck shal1 be included within the calculation of the lot area or lot coverage of the lot. Section 17. Section 20-635(4) of the Chanhassen City Code is amended to read as follows: ( 4) The maximum lot coverage for all structures and paved surfaces is 35 percent, of which no more than 30 percent can be impervious surfaces. Section 18. Section 20-641 of the Chanhassen City Code is amended to read as follows: Sec. 20-641. -Intent. The intent of the "RLM" district is to provide for single-family attached or detached residential development on land guided residential-low or medium density in the city's comprehensive plan with a maximum net density of eight units per acre. The "RLM" district is intended to be used where large areas of upland will be preserved or created as pe1manent open space to balance the higher lot coverage pe1mitted on individual lots. Section 19. Section 20-645( 4) of the Chanhassen City Code is amended to read as follows: ( 4) The maximum lot coverage is: a. If a single-family dwelling, 40 percent, of which no more than 35 percent can be impervious surfaces. b. If a two-family dwelling, 45 percent of which no more than 40 percent can be impervious surfaces. c. If a townhouse or multiple-family dwelling 50 percent. Section 20. Section 20-905(6) of the Chanhassen City Code is amended to read as follows: (6) Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum ten feet by ten feet area of patio shall be assumed. This patio area must be shown to comply with required property line, lake and wetland setbacks; may not encroach into conservation or drainage and utility easements; and shall not bring the site's lot coverage above that petmitted by ordinance. Section 21. Section 20-1072(h) of the Chanhassen City Code is amended to read as follows: (h) Where building sites limit planting, the placement of trees in parkways , gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consideration shall be given to the special needs of plants surrounded by impervious surfaces. In these 4 instances, preference is given to surrounding plantings with pervious pavers to allow for the infiltration of stormwater into the root zone. Section 22. The Chanhassen City Code i s amended by adding Section 20-921 to read as follows: Sec. 20-921 -Pervious Pavement Properly designed, installed, and maintained pervious pavements have the capacity to allow for stonnwater detention and/or infiltration. When not properly designed, installed, and maintained pervious pavements fail to facilitate the detention and/or infiltration of stormwater. Additionally, pervious pavements contribute to the creation of heat i slands and do not provide the same surface water managements b e nefits as native vegetative cover. For these reasons, it is necessary to regulate the lot coverage, design, installation, and maintenance of these systems. 1) Lot Coverage: Pervious pavements are considered to constitute lot coverage; however, they do not constitute impe1vious surfaces. 2) Location Restrictions: a. Pervious Pavements may not be install e d in areas where trash or garbage receptacles will be stored. 3) Installation: a. To meet the City's definition of pervious pavement the system must be designed in compliance with standards established by the Interlocking Concrete Pavement Institute (]CPI) and installed by an ICPI certified installer. b. The C ity Engineer may pennit pervious pavement technologies other than pem1eable interlocking concrete pavers, so long as the C ity Engineer dete1mines they are functionally equivalent or better, and the system is designed in compliance with accepted guidelines a nd is installed by an appropriately certified installer. 4) Mainte nance: a. The owner of a pervious paver system must enter into a maintenance agreement with the C ity to ensure the system p e rfmms as designed in perpetuity. This agreement must confotm to the manufactures guidelines, and stipulate the frequency and type of maintenance to be perfonned. Section 23. Section 20-1112( 6) of the Chanhassen City Code is amended to read as follows: (6) For A -2, PUD-R for single-family detached houses, RR, RSF, R-4 a nd RLM for single- family detached residential uses, the width of the driveway access shall not exceed 24 feet at the ri ght-of-way line. No p011ion of the right-of-way may be paved except that portion used for the driveway. Inside the property line of the site, the maximum d1iveway width shall not exceed 50 feet. For flag/neck lo t s the lot coverage of the driveway access within the neck portion of flag/n eck lots shall not exceed 33 percent of the neck's area. For all lots the minimum driveway width shall not b e less than ten feet. 5 Section 24. Section 20-1181 (a) of the Chanhassen City Code is amended to read as follows: (a) When parking lot perimeters where vehicular areas, including driveways and drive aisles , are not entirely screened visually by an intervening building or shucture or land mass from any abutting right-of-way, there shall be provided landscaping designed to buffer direct views of cars and vehicular use areas. The landscaping must break up expanses of vehicular us e areas, help to visual1y define boulevards and soften direct views of parking areas and provide for reforestation with overstory tree from the approved tree species list identified for parking or other species as approved by city staff. All new planting areas must have an iITigation system installed. Publicly owned and operated parking lots used for long duration parking may be exempt from this requirement when there is a demonstrated concern regarding security safety. Section 25. Section 20-1408 of the Chanhassen City Code is amended to read as follows: Sec. 20-1408. -Lot coverage Lot coverage, impervious surfaces and pervious pavement, within the bluff setback may contribute to bluff instability due to increased mnoff and/or erosion. Lot coverage is prohibited within the bluff setback unless specifically authorized within this aiiicle. Section 26 . Section 20-1556 of the Chanhassen City Code is amended to read as follows: Sec. 20-1556. -lmpe1vious surface, lot coverage, 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 minimizing building footprint size. Roads , walkways, bike trails, and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of natural topography and vegetation. Management of surface mnoff caus ed by impervious cover shall be designed using practices delineated in the city's surface water management plan. Within the secondary zone of the BCO district, areas with average slopes exceeding 25 percent shall be prese1ved in their natural state and maintained as permanent open space. Areas with average slopes less than 25 percent but greater than ten percent shall not exceed 25 percent lot coverage. Lot coverage for areas where average slopes are less than ten percent shall be governed by the underlying zoning district. Section 27 . This ordinance shall be effective immediately upon its passage and publication. 6 PASSED AND ADOPTED this [xx] da) of [Month], 2017 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Denny Laufenburger, Mayor (Summary Ordinance [insert number] published in the Chanhassen Villager on [insert date]) 7 MEMORANDUM CITY OF C HANHASSE N Chanhassen is a Community for Life - Providing forToday and Planning forTomorrow TO: Todd Gerhardt, City Manager FROM: Jill Sinclair, Environmental Resources Specialist DATE: December 11, 2017 SUBJ: Control and Prevention of Diseased Trees - Amendments to Chapter 13, Article IV Proposed Motion: "The City Council adopts the attached ordinance amending Chapter 13 of the City Code." ISSUE In advance of the confirmation of emerald ash borer (EAB) in Chanhassen, the city should update the Diseased Tree ordinance to include fixture epidemic pests and diseases. Additionally, the city is routinely contacted by residents who are concerned about the potential risk posed to their safety and property by their neighbor's hazard trees. BACKGROUND The city's existing diseased tree ordinance targets specific diseases which means that the city lacks an enforcement mechanism for addressing emerging threats to the city's trees, such as EAB. Current city code references the specific epidemic diseases Dutch elm disease and oak wilt, but does not include insect pests that are epidemic. Revising the city code to reflect all potential tree epidemics, including pests and other diseases, allows the city the flexibility to respond to any threats upon our urban forest as identified by the Minnesota Department of Agriculture. Trees which have contracted epidemic diseases or pest infestations can present a risk of infection to other healthy trees within the community. The specific nature of the existing ordinance means that staff cannot always act proactively to address emerging threats to our tree inventory. The inability to act at the first signs of an epidemic pest or disease increases the chances that the pest or disease will become established more quickly within our community, potentially resulting in substantial losses to our tree inventory. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Control and Prevention of Diseased Trees December 11, 2017 Page 2 of 7 Additionally, dead and dying trees can impact public safety through their fall risk. Citizens regularly contact the city requesting that we address hazard situations created by dead or dying trees located on adjacent properties. Often times when investigating citizens' concerns about the potential safety risks proposed by diseased or dead trees, staff is unable to address the issue because the tree in question does not fall into one of the two categories stipulated by the ordinance. Attached are the changes requested by staff. The changes reflect an update to City Code to allow staff to address public health and safety issues related to broader epidemic pests/diseases and citizen concerns regarding hazard trees. SURVEY OF COMPERABLE CITIES List of KFS Cities' Existing Nuisance Tree Ordinances Diseases and Pests Hazzard Trees Oak Wilt Dutch Elm EAB General Clause* Specific General** Chaska Yes Yes Yes No No Yes Cottage Grove Yes Yes Yes No No No Elk River Yes Yes Yes Yes No No Inver Grove Heights Yes Yes Yes No No Yes Lino Lakes Yes Yes Yes No No Yes Prior Lake No No No Yes Yes No Rosemount 6,o No No Yes Yes No Savage Yes No No Yes Yes No Shakopee Yes Yes Yes Yes No No Stillwater Yes No No No Yes No Chanhassen's Existing Nuisance Tree Ordinances Chanhassen Yes I No I No I No No *Cities with a general disease and pest clause classify any tree infected with an infectious disease or pest as a nuisance. **Cities with a general hazard tree provision do not specifically address trees, but have general nuisance clauses which could be used to require the abatement of hazard trees. ANALYSIS Both Hennepin and Scott Counties are located in Minnesota's EAB quarantine zone and it is only a matter of time until EAB is confirmed in Caver County. It is also likely that other epidemic tree diseases and pests will emerge to further threaten our forests. Todd Gerhardt Control and Prevention of Diseased Trees December 11, 2017 Page 3 of 7 The best way to control for EAB and other emerging threats is to be able to proactively respond to the first signs of an infestation or infection. Expanding our city's nuisance ordinance to include EAB and all other epidemic tree diseases and pests will allow us to proactively address these situations and increase the odds that we can slow or reduce their impact on our city. The proposed changes to Chapters 13, Article IV of the city code reflect the need for the city code to be more inclusive to future urban forests threats. The current code pertains to Dutch elm disease and oak wilt specifically, with references to general diseases, but not pests, as noted by the MN Dept. of Agriculture. While this allows us to address the most pervasive disease threats to shade trees, staff recommends that the ordinance be amended to include a broader coverage of diseases that includes pests in order to accommodate emerging and future forestry issues. In addition to being focused on a small number of shade tree diseases, the current code does not have any provisions allowing the city to address trees which present a safety risk to people or property. Many times staff is left in the position of agreeing with a concerned citizen that a neighbor's dead, damaged, or dying tree poses a risk to their property, but lacking the capacity to address hazardous trees located on private property. The city's current nuisance ordinance defines a nuisance as anything that "annoys, injures or endangers the health, safety, comfort or repose of the public", "depreciates the value of the property of the inhabitants of the city", or "in any manner renders the inhabitants of the city insecure in life or in use of property." While arguing that the aesthetics of diseased and dying trees creates a sufficient depreciation of property values to deserve classification as a nuisance may be not the foremost concern, the fall risk presented by some of these trees can be significant. Staff feels that including hazard trees, defined as dead or dying trees that have the potential to fall on a target, such as people or property, in the city's nuisance ordinance would be in line with the intent of the ordinance and with other nuisances defined therein. Of the 10 similar cities staff investigated, six had an ordinance specifically addressing EAB, and five had structured their ordinance so that it could address any epidemic tree infection or infestation. Only one of the ten cities did not have an ordinance capable of addressing EAB. Seven of the ten cities also had a clause which could be used to require the abatement of hazard trees. Four of these seven addressed hazard trees specifically, while the other three had general clauses which could conceivably be applied to hazard trees. The proposed amendments to the city code would be in line with those passed by other similar cities. In summary, the proposed amendments included: Expanding the list of nuisances to include not only diseased trees, but also invasive pests and insects and hazard trees; Include definition of hazard trees; References to Dutch elm disease and oak wilt are replaced with `tree diseases and pests' to be inclusive of future tree threats as directed by the MN Dept. of Agriculture. Todd Gerhardt Control and Prevention of Diseased Trees December 11, 2017 Page 4 of 7 ALTERNATIVES 1) Do nothing. The current code allows us to address epidemic shade tree diseases, such as Dutch elm disease and oak wilt. 2) Amend Chapter 13 to allow staff to better address all the diverse forms of pests and diseases that affect trees as well as hazard trees. RECOMMENDATION Staff recommends approval of the attached amendment to Chapters 13. All new language is in bold and deletions have been struck through. The proposed revisions are as follows: ARTICLE IV. - CONTROL AND PREVENTION OF DISEASED TREES Sec. 13-27. - Declaration of policy. The City of Chanhassen has determined that the health of the elm erode trees within the municipal limits is threatened by Epidemic Diseases and Pests. the fatal diseases kne ._ as n h El disease, Oak W41t disease and by other epider ie di;eawas ng :laude trees. It has further determined that the loss of trees growing upon public and private property will substantially depreciate the value of property within the city and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the council to control and prevent the spread of these diseases and pests, and this article is enacted for that purpose, to conform to the policies and procedures embodied in Minnesota Statutes, Chapter 89, as amended, and rules promulgated there under. (Ord. No. 229, § 1, 11-28-94) Sec. 13-29. - Shade Tree disease program. It is the intention of the city council to conduct a program of plant pest control pursuant to the authority granted by M.S. § 18G.16 18G.01. This program is directed specifically at the control and elimination of tree diseases and pests D teh Eh7n disease finig s and el w.,.a, beedes and Oak Wilt ftHigus and is undertaken at the recommendation of the commissioner of agriculture. The city forester shall act as coordinator between the commissioner of agriculture and the city in the conduct of this program. (Ord. No. 229, § 1, 11-28-94; Ord. No. 395, § 5, 5-9-05) Sec. 13-30. - Nuisances declared; abatement; firewood storage, Nuisances declared. The following are public nuisances whenever they may be found within the City of Chanhassen: Todd Gerhardt Control and Prevention of Diseased Trees December 11, 2017 Page 5 of 7 (1) Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis ulmi (Buisman) Morena or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufpies (Marsh). (2) Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other Elm material from which the bark has not been removed as provided in M.S. § 4.03 18G.04. (3) Any living or standing oak tree or part thereof infected to any degree with the Oak Wilt fungus Ceratocystis fagacearum. (4) Any dead tree in the Red Oak group, or part of any such tree, including logs, branches, stumps, firewood, or other Red Oak material from which the bark has not been removed. (5) Other shedtrees with epidemic diseases or any insect and/or pest that threatens the health of trees. (6) Any tree which, in the opinion of the Tree Inspector has become or threatens to become a hazard so as to adversely affect the public safety, whether such tree shall be on public or private property. (Ord. No. 229, § 1, I1-28-94) Sec. 13-31. - Abatement. It is unlawful for any person, firm, or corporation to permit any public nuisance as defined in section 13-30 to remain on any premises owned or controlled by such person or entity hist within the City of Chanhassen. Such nuisance may be abated in the manner prescribed by this article in addition to the criminal penalties provided for in this article. (Ord. No. 229, § 1, 11-28-94) Sec. 13-32. — Elm and oak wood storage. Stockpiling and storage of elm logs and branches with bark intact or tight -barked wood from an infected tree in the Red Oak group in prohibited except during the period September 15 through April 1 of the following year. Only during this period shall such storage be permitted. Authorization for storage per this article shall only be permitted for residential premises. Sec. 13-33. - Inspection and investigation. (a) Annual inspection. The forester shall inspect all premises and places with the city as often as practicable to determine whether any condition described in section 13-30 of this article exists thereon. He/she shall investigate all reported incidents of infestation by Dutch Elm fungus or elm bark beetles, or Oak Wilt, or other epidemic diseases or pests of shade trees or hazardous trees. Todd Gerhardt Control and Prevention of Diseased Trees December 11, 2017 Page 6 of 7 (b) Entry of private premises. The forester or his/her duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him/her under this article. (c) Diagnosis. The forester or his/her duly authorized representative shall identify diseased or infested trees by generally accepted field symptoms such as, but not limited to, wilting, yellowing of leaves, evidence of larva or insects, or staining of wood in ,.,,,.,...,1....ee -- i Minnesota n r ft nc f ,..:,.,,1. .ufe Rule end Regplati , nr_n 106. Laboratory confirmation by the Minnesota Department of Agriculture will be used only when it is necessary. (d) The Tree Inspector shall assess potentially hazardous trees. A hazard tree is a tree that has structural defects in the roots, stem or branches that may cause the tree or part thereof to fail, where such failure may cause personal injury or property damage to a target. A `target' includes, but is not limited to people, vehicles, buildings, property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial to habitat protection. (Ord. No. 229, § 1, 11-28-94) Sec. 13-34. - Abatement of shade tree disease nuisances. In abating the nuisances defined in section 13-30, the forester shall cause the infected or infested tree or wood to be sprayed treated, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases and pests of shade trees, including, but not limited to, Dutch Elm disease fungus, elm bark beetles, and Oak Wilt Disease. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the commissioner of agriculture. (Ord. No. 229, § 1, 11-28-94) Sec. 13-35. - Procedure for removal of infected trees and wood. (a) Forester's abatement order. Whenever the forester finds with reasonable certainty that one or more of the infestations defined in section 13-30 exists in any trees or wood in any public or private place, the owner shall be notified by mail and ordered to remove, not more than 20 days from the date of the mailing of such notice, the same in a manner approved by the forester. If the forester identifies a hazard tree, the property owner shall be notified by mail and be leaving a notice on the property that the nuisance must be abated within a specified time. If the owner fails to comply with the order, the city manager may act to abate the nuisance. In the event that the owner cannot be contacted, the city shall send notice by certified mail to the last known address of the owner of record, and shall then proceed forthwith to abate the nuisance. (b) Methods of disposal of diseased elm or infested trees. All diseased elm or infested trees including the above ground parts thereof shall be properly disposed of by such methods including debarking, chipping, and utilization as recommended by the MN Dept. of Agriculture. Todd Gerhardt Control and Prevention of Diseased Trees December 11, 2017 Page 7 of 7 (c) Removal and disposal of diseased trees in the Red Oak group. All diseased oak trees in the red oak group that wilt in July and August shall be identified, marked, and removed by April 1 of the following year in order to eliminate any spore formation on them the following May or June. Trees in the northern red oak group include the northern red oak (Quercus rubra), northern pine oak (Quercus ellipsoidalis), black oak (Quercus velutina), and scarlet oak (Quercus coccinea). Methods of disposal include chipping and utilization. (d) Control of overland spread of Oak Wilt. To control the overland spread of the disease, the city shall avoid pruning or other mechanical damage during the most susceptible period of May and June. The city forester may determine that emergency pruning by utility companies is necessary during this susceptible period if trees interfere with utility lines. If wounding is unavoidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, a tree wound dressing shall be applied. (e) Stumps of diseased elms and oaks and other trees affected by arboreal disease. Stumps of all elm and oak trees shall be removed or debarked to the groundline to eliminate all possibilities of beetle habitation or possibilities of spore formation. (f) Special assessments. From time to time, the city shall list the total unpaid costs of abatement attributable to such separate lot or parcel of land in this city. The council then may spread said costs or any portion thereof against the property involved as a special assessment under M.S. ch. 429 and other pertinent statutes, for certification to the county auditor and collection the following year along with current taxes. The council may consider deferments for hardship. The assessment may be deferred on homestead property if the owner is a person 65 years of age or older who is retired and/or by virtue of total or permanent disability for whom it would be a hardship to make the payments for tree removal(s). (Ord. No. 229, § 1, 11-28-94) G:\PLAN\City Code\2017\Various\Omnibus\Attachment 4 Diseased Trees Staff Report.doc MEMORANDUM CITY OF C HANHASSE N Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: December 11, 2017 SUBJ: Drive Throughs - Stacking and Conditional Use Permit Proposed Motion: "The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the City Code." ISSUE Numerous entities have expressed interest in developing properties to incorporate drive through facilities. Recent work by Spack Consulting has indicated that the stacking lengths required by the city may be inadequate. Additionally, the potential impacts of multiple drive through facilities in relatively close proximity and the unique requirements of different businesses may warrant these uses being classified as conditional uses which provide mechanisms to require traffic studies and mitigate the potential impacts of a proposed facility. BACKGROUND On March 1, 2017 engineering staff was made aware of research conducted by Spack Consulting indicating that the city's minimum standards for vehicle stacking at drive through locations is significantly lower than the amount of stacking space these uses typically require. Additionally, Planning Staff has received numerous inquiries about the possibility of developing properties throughout Chanhassen, especially in the downtown Central Business District, to include drive through facilities. Staff believes that it would be beneficial to examine and update the sections of the City Code that address drive through facilities in order to ensure that these proposed developments have adequate stacking and do not negatively impact local traffic patterns. PH 952.227.1100• www.ci.chanhassenan.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Drive Throughs - Stacking and Conditional Use Permit December 11, 2017 Page 2 of 8 RELEVANT CITY CODE Sec. 20-963. Drive-through facilities: Restricts location, and establishes screening and stacking requirements for Fast-food restaurants (6 cars per aisle), Banks (3 cars per aisle), Pharmacies (2 cars per aisle), and other uses (2 cars per aisle). Also provides that the city may request a stacking study to determine if more or less stacking is appropriate. Note: Drive through facilities are theoretically allowed in any of the city's commercial districts, assuming setback, screening, and location requirements are met. Sec. 20-296. Fast-food restaurants: Limits these to sites having direct access to minor arterial streets, collectors, or service roads. Requires drive-through stacking to conform to parking setbacks. Sec. 20-694. —Conditional uses (Neighborhood Business District): Lists drive-in banks as a conditional use. Sec. 20 Article XXV.-Landscaping and Tree Removal: Stipulates screening/landscape requirements for drive through facilities. Sec. 20-1303. Highway, general business districts, and central business districts: allows each restaurant with a drive-through facility to have one menu board sign (max 8' high, 45 sq. ft.). DRIVE THROUGHS IN KFS CITIES Chaska: Not specifically addressed. Cottage Grove: All must have stacking space for 6 vehicles, and stacking area must not interfere with the site's traffic circulation (ped and auto). For Restaurants: Screen provisions, lighting limits, require traffic and parking "not to cause public nuisance". For Banks: limited to two drive aisles. Drive through: Car Wash, Bank, and Restaurants are all conditional uses. Elk River: Banks must have stacking for 2 vehicles and restaurants must have stacking 5 vehicles. Limits placed on drive through signage by district. Inver Grove Heights: Requires screening/buffer for all drive through, requires "adequate" stacking paces to prevent traffic conflicts. Lino Lakes: Carwash must have 10 stacking spaces. Conditional use in some districts requiring 120' of stacking must not interfere with onsite traffic circulation, and screening. Prior Lake: Conditional use (CBD): Max 4 lanes, rear or side, all stacking on site. Others: buffer, stacking space for 6-4 cars per service point (depending on district), traffic study showing will not reduce level of service, good internal traffic circulation, access to collector or arterial Todd Gerhardt Drive Throughs - Stacking and Conditional Use Permit December 11, 2017 Page 3 of 8 Rosemount: Conditional Use (bank): screening, stacking should not interfere with traffic circulation, Conditional Use (general): minimum of 6 stacking spaces per window (9' wide by 18' long), screening, stacking shouldn't interfere with traffic circulation. Savage: Must not interfere with onsite traffic circulation, "adequate" stacking must be provided, conditional in some districts. Shakopee: Conditional or permitted used (depending on district): shall be screened, stacking space for 6 vehicles per aisle, must not interfere with onsite traffic circulation. Stillwater: Special Use permit, 10 stacking spaces required (restaurants). ANALYSIS Due to their speed and convenience drive through facilities have the capacity to generate a large number of trips, especially during peak periods. This can lead to them having a significant impact on surrounding properties and intersections as cars maneuver in and out of the site. This impact can be further amplified if the drive through location lacks sufficient stacking space to accommodate waiting vehicles. Insufficient stacking space can lead to cars blocking and occupying onsite parking stalls, entrances and exits, and, in extreme cases, can spill over into the surrounding streets. Either the high number of trips associated with these uses or inadequate stacking space can cause the level of service for surrounding streets to drop to unacceptable levels. Recent research conducted by Spack Consulting has led them to recommending a minimum amount of vehicle storage for common drive through businesses. A comparison of their recommendations and the requirements of the Chanhassen City Code is provided in the following table. In general the city's requirements are around half of what Spack's research recommends. Use Chanhassen City Code Sack Recommendation Banks 3 vehicles 8 vehicles 160 feet Car Washes 2 vehicles 7 vehicles 140 feet Coffee Shops 6 vehicles 13 vehicles 260 feet Fast Food 6 vehicles 12 vehicles 240 feet Pharmacies 2 vehicles 5 vehicles 100 feet Examining a list of ten comparable cities, staff discovered a large degree of variation in vehicle stacking requirements. Sufficient space, approximately 120', for stacking 6 vehicles was the most common requirement; however, some communities required as few as 2 or as many as 10 stacking spaces. Several cities simply required that "adequate" stacking be provided. Provisions requiring that the drive through aisles not interfere with the site's traffic circulation were nearly universal; however, when drive through facilities are classified as permitted uses the Todd Gerhardt Drive Throughs - Stacking and Conditional Use Permit December 11, 2017 Page 4of8 cities have much lower capacity to mitigate their potential impacts. Cities can find themselves in a position where they strongly suspect that the proposed drive through will have a negative impact on surrounding intersections, but are unable to require the developer to take actions to mitigate these impacts. These types of concerns have led seven of the ten cities to classify drive through facilities as a conditional or special use for at least one district Chanhassen's treatment of drive through facilities' stacking and screening requirements is similar to surrounding communities, although our requirements for banks, car washes, and pharmacies are on the lowest end of the spectrum. In most cases drive through facilities are a permitted use in Chanhassen. Recently, a proposed fast food development submitted a site plan showing stacking for up to 23 cars. This equates to an aisle space nearly four times what is required by city ordinance. Staff believes that the extent of this discrepancy is illustrative of the fact that the city's minimum stacking requirements for fast food uses are very low. Engineering staff has concluded that the existing standards for fast food and coffee shops are significantly low and that the Spack recommendations would be appropriate for those uses. Engineering staff has reviewed the Spack study's recommendations and has determined that their recommendations for banks, car washes, and pharmacies are likely higher than necessary based on our experience. They believe that increasing the requirements for these uses by 50% of the difference between the existing standard and the city's current requirement would be appropriate. ALTERNATIVES 1) Do nothing. Our requirements are broadly in line with other communities. 2) Adopt the Spack Recommendations, make drive through facilities, a conditional use, and add a condition that they can use a traffic study to justify lower requirements. 3) Adopt the Spack Recommendations with staff's modifications, but do not make drive through facilities a conditional use. 4) Adopt the Spack Recommendations with staff's modifications and make drive through facilities a conditional use. RECOMMENDAION Staff believes alternative four would let us adopt the most appropriate standards and most effectively mitigate the potential impact of drive throughs. The proposed Code Amendments would read as follows: ARTICLE IV. - CONDITIONAL USES Sec. 20-292. - ReseFved. Drive through facilities Drive-through facilities for any use shall comply with the following standards: Todd Gerhardt Drive Throughs - Stacking and Conditional Use Permit December 11, 2017 Page 5 of 8 (1) They shall not be located adjacent to any residential lot lines. (2) They shall be provided with a suitable visual screen from adjacent properties. (3) Stacking shall be provided within applicable parking lot setbacks. (4) Stacking shall meet the following standards: a. Banks: 5 vehicles (100 feet) b. Coffee Shops: 13 vehicles (260 feet) c. Fast-food restaurant: 12 vehicles (240 feet) d. Pharmacy: 4 vehicles (80 feet) e. Car washes: 4 vehicles (80 feet) f. Other uses: 4 vehicles (80 feet) (5) The city may require a vehicle stacking study to determine whether more or less stacking shall be required for a particular use. (6) Stacking areas shall not interfere with vehicular circulation in the parking lot, nor encroach into any required drive aisles. (7) Speaker or intercom system shall not be audible at the property line. Sec. 20-296. - Fast-food restaurants. The following applies to fast-food restaurants: (1) The site shall be located only on sites having direct access to minor arterial streets, collectors or service roads. (2) No outside speaker systems shall be allowed without approval from the city council. (3) Stacking areas for drive-through windows, if present, shall conform to appropriate parking setbacks. (4) Building shall be set back at least 100 feet and screened from any adjacent property designated for residential use in the comprehensive plan. ARTICLE XVI. -'BN" NEIGHBORHOOD BUSINESS DISTRICT Sec. 20-694. - Conditional uses. The following are conditional uses in a'BN" District: (1) Bed and breakfast establishments. (2) Convenience store with gas pumps. (3) Banks with drive through facilities (4) Fast food restaurants without a drive-through as part of a shopping center. (5) Motor fuel station. (6) Reserved. (7) Standard restaurants. ARTICLE XVII. - "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. Todd Gerhardt Drive Throughs - Stacking and Conditional Use Permit December 11, 2017 Page 6 of 8 (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast-food restaurant. (7) Financial institutions wit i,..... itha... drive .w.., ugh S&Mees. (8) Funeral homes. (9) Health services. (10)Liquor stores. (11) Miniature golf (12)Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. (17) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) Utility services. Sec. 20-714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. (4) Drive through facilities (4)(5) Emission control testing stations. (3(6) Garden centers. ()(7) Motor fuel stations. (4)(8) Outdoor storage. (8)(9) Reserved. (9)(10) Small vehicle sales. 00)(1 1) Supermarkets. (x(12) Towers as regulated by article XXX of this chapter. ARTICLE XVIII. - "CBD" CENTRAL BUSINESS DISTRICT Sec. 20-734. - Conditional uses. The following are conditional uses in a "CBD" district: (1) gid. Drive through facilities (2) Freestanding fast-food restaurants. (3) Reserved. (4) Convenience store with gas pumps. ARTICLE XVIII -A. - "CC" COMMUNITY COMMERCIAL DISTRICT Sec. 20-744. - Conditional use. Todd Gerhardt Drive Throughs - Stacking and Conditional Use Permit December 11, 2017 Page 7 of 8 (1) Drive through facilities (2) Gun range, indoor (only in conjunction with and accessory to a sporting goods store). (3) Screened outdoor storage. ARTICLE XIX. - "BG" GENERAL BUSINESS DISTRICT Sec. 20-752. - Permitted uses. The following uses are permitted in a "BG" district: (1) Animal hospital. (2) Antenna. (3) Bars and taverns. (4) Bowling center. (5) Community center. (6) Convenience stores without gas pumps. (7) Day care center. (8) Entertainment. (9) Fast-food restaurants. (10)Financial institutions, ineWding Ehiye i- ^�^ (11) Funeral homes. (12) Garden centers. (13) Hardware goods. (14)Health and recreation clubs. (15) Health services. (16) Home improvement trades building supply centers. (17) Miniature golf. (18) Motels. (19)Newspaper and print shop. (20) Offices. (21)Personal services. (22) Private clubs and lodges. (23) Reserved. (24) Senior citizen housing. (25) Small appliance and similar repair shops. (26) Specialty retail. (27) Standard restaurants. (28) Supermarkets. (29) Utility services. (3 0) Veterinary clinic. Sec. 20-754. - Conditional uses. The following are conditional uses in a'BG" district: (1) gid. Drive through facilities (2) Truck, automobile, farm implement, recreational vehicles and boat sales and service. (3) Equipment rental. (4) Screened outdoor storage. Todd Gerhardt Drive Throughs - Stacking and Conditional Use Permit December 11, 2017 Page 8 of 8 (5) Major auto repair and body shops. (6) Convenience stores with gas pumps. (7) Motor fuel stations. Y. _ RISEN �• Sec. 20-1303. - Highway, general business districts and central business districts. (4) Menu board. One menu board sign per restaurant drive through aisle use is permitted with a drive-through facility. Such sign shall not exceed 45 square feet in size, nor greater than eight feet in height. Such sign is permitted in addition to any other sign permitted in the zoning district. Staff requests direction on how best to address these concerns. G:\PLAN\City Code\2017\Various\Omnibus\Attachment 5 Drive Through Staff Report.docx MEMORANDUM CITY OF C HANHASSE N Chanhassen is a Community for Life - Providing for Today and Planning forTomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: December 11, 2017 SUBJ: Parking lot sweeping Proposed Motion: "The City Council adopts the attached ordinance amending Chapter 13 of the City Code." ISSUE In order to effectively clean parking lots parking lot sweepers must operate when the parking lots are empty. This effectively requires parking lot sweeping equipment to operate during times when its operation is prohibited by the City Code. SUMMARY The city's noise ordinance limits the times that domestic power equipment and construction, maintenance, and repair activities can be conducted to certain times of the day. These times roughly correspond to normal business hours. Since parking lots cannot be effectively cleaned unless they are empty, it is very difficult for parking lot cleaning services to operate within the bounds of this ordinance. The ordinance grants exceptions for other activities that need to operate outside of these hours, like snow removal, but does not grant a similar exemption for parking lot cleaning. Parking lot cleaning is necessary maintenance that typically takes place a couple times a year, and should be treated similarly to snow removal activities. RELEVANT CITY CODE Sec. 13-52- Hourly restrictions on Certain Operations: Limits the hours in which domestic power equipment and construction, maintenance, and repair activities can occur. Snow removal, excavation/grading, and outdoor recreation uses are exempted from various portions of these restrictions. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Parking lot sweeping December 11, 2017 Page 2 of 3 ANALYSIS Sec. 13-52(b) limits the operation of domestic power equipment to between the hours of 7:00 a.m. and 9:00 p.m. Similarly, Sec. 13-52(c) limits construction, maintenance, and repair activities to between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, and between 9:00 a.m. and 9:00 p.m. on Saturdays. Sec. 13-52(c) prohibits construction, maintenance, and repair activities on Sundays and the six major public holidays. The intent of this ordinance is to strike a balance between the need for businesses and residents to use power equipment for property maintenance and the need to limit the extent to which these activities disturb surrounding properties. Sec. 13-52(d)(1) exempts snow removal activities from Sec. 13 -52(b) -(c). The rationale behind this exemption is that homeowners, businesses, and public works often need to engage in snow removal activities before the morning commute begins. While these activities generate noise, it is not practical for them to comply with the city's general noise restrictions. Similarly, it is not usually practical for parking lot sweeping to occur during normal business hours. In order to be effective sweeping should occur when lots are as empty as possible, usually early in the morning before employees and customers arrive. Many non-residential land uses would need to significantly disrupt their business operations while sweeping their parking lots in order to comply with the city's restrictions on noise generating activities. Exempting parking lot sweeping activities from Sec. 13-52(b) could have the unintended consequence of allowing residents in residential districts to utilize domestic power equipment to clean/sweep driveway and parking areas during restricted periods; however, if the exemption was only applied to Sec. 13-52(c), it would a only apply to non-domestic uses. Non-domestic parking lot sweeping is generally only conducted a couple times a year, and exempting it from Sec. 13-52(c) would not be expected to regularly disturb the city's residents. Staff believes that many commercial users currently engage in parking lot sweeping outside of the permitted hours, and these activities generate very few complaints. ALTERNATIVES 1) Do nothing. Generally, these activities do not generate a large number of complaints, and public safety can use discretion when enforcing the ordinance. 2) Amend Section 13-52 to exempt parking lot sweeping and cleaning from the appropriate subsections. Option 2 would establish a consistent treatment for similar activities. The revised ordinance could read: Sec. 13-52. - Hourly restriction on certain operations. Todd Gerhardt Parking lot sweeping December 11, 2017 Page 3 of 3 (a) Recreational vehicles and snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational vehicle not licensed for travel on public highways. (b) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m. (c) Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas -powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Construction activities in conjunction with new developments and city improvement projects, including but not limited to grading, utility installation and street paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven days of the week. (d) Exceptions. The following uses and activities are exempt from this section as specified below: (1) Snow removal motor vehicles, equipment and operations are exempt from subsection 13- 52(b) and (c). (2) Excavation/grading operations are exempt from subsection 13-52(c), but must comply with section 7-45. (3) Outdoor recreational uses are exempt from subsection 13-52(b) and (c). (4) Parking lot sweeping/cleaning vehicles, equipment, and operations are exempted from subsection 13-52(c). (Ord. No. 373, § 6,4-12-04; Ord. No.407, § 1, 12-12-05; Ord. No. 430, § 1, 9-25-06; Ord. No. 433, § 1, 10-23-06) GAPLAN\City Code\2017\Various\O=ibus\Attachment 6 Parking Lot Cleaning Noise Staff Report.docx MEMORANDUM CITY OF C HANHASSE N Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: December 11, 2017 SUBJ: Water Obstacles Proposed Motion: "The City Council adopts the attached ordinance amending Chapter 6 of the City Code." ISSUE Sec. 6-4 describes a Council issued permit that has no associated fees or form, and which may not be a desirable use. t;Yllulu��`I The City Code currently allows individuals and organizations to apply for a permit to install ski jumps, slalom courses, diving towers, and other structures on Chanhassen's lakes through a permit issued through a majority vote of the City Council. Swimming rafts and docks are exempted from needing this permit. No one applies for this permit and there is no form that would allow an interested party to apply for it. Other water structures, i.e. docks and swimming rafts, are governed by Sec. 20-920, and the temporary installation if these features is governed by Sec. 20-964. It may make sense to remove Sec. 6-4, and only allow these types of structures in conjunction with temporary/special events. RELEVANT CITY CODE Sec. 6-3. — Temporary event permits: States that a temporary exemption from this section can be granted through a temporary event permit. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Water Obstacles December 11, 2017 Page 2 of 4 Sec. 6-4. — Permits for Water Obstacles: Forbids the operation of maintenance of any water obstacle without a permit, unless allowed by another provision within Chapter 6. Lists application procedure for permit and stipulates that issuing a permit requires a majority vote from the City Council. This section also established the criteria the City Council should use to evaluate a permit application and places limits and requirements on the permit. Sec. 20-920. — Structures, boats and waterways: Establishes the location requirements for swimming rafts, and stipulates lighting and other safety requirements for other water obstacles. Sec. 20-964. - Temporary outdoor events, sidewalk sales, seasonal sales and special events: Section 6-4 states that any Water Obstacle used in conjunction with a temporary event requires a permit under this section. ANALYSIS Sec. 6-4 forbids the installation and operation of water obstacles or structures, excepting swimming rafts or docks, without a permit issued by the City Council. This section of the City Code specifies that individuals must apply for this permit on a form provided by the city and must pay an application fee established by a City Council resolution. The city does not currently have a fee established for this permit, nor does it have an application form available that applicants could use to apply for the permit. This permit, if issued, could be valid for up to a year for most structures, but is limited to three days for slalom courses. There are no restrictions on who can apply for this permit, and the factors for reviewing a permit application revolve around equitable use of the lake and public health and safety. An entity could apply annually for a permit with a one-year duration and essentially create a permanent water obstacle on a lake, assuming the City Council granted the permit. This section of the City Code was initially established in July of 1983 along with other provisions governing the use of the city's lakes. The intention of these ordinances was to protect the city's aquatic resources and to ensure the safe and equitable use of the city's lakes. Docks and swimming rafts are treated differently from other lake structures due to having their locations restricted either to a resident's property or, in the case of swimming rafts, no further than 100' from the ordinary high water mark directly in front of the owner's property. Currently several ski jumps and other water obstacles are located on the city's lakes. The individuals installing and maintaining these features work with the Carver County Sheriff's Department to insure that they are being used safely. The city does not enforce Section 6-4 which would require these individuals to also seek Council approval. ALTERNATIVES 1) Keep the existing ordinance, establish a fee, create an application from for this permit, and being enforcing the ordinance. Todd Gerhardt Water Obstacles December 11, 2017 Page 3 of 4 2) Remove Section 6-4, this will remove an ordinance we are not enforcing. 3) Amend Section 6-4 to make this an administrative permit, establish a fee, create an application form, and begin enforcing the ordinance. Option 2 would remove an unnecessary prevision and permit from the City Code. The potential ordinance change would read as follows: Temporarypermits. temporary • from obtained for . . races as provided fi i Sec. 20-964. peffflits shall be in aMfien to, rather than iii lieu of-, any peFmit reqiiired iinder seetion 6 4. • . Sec. 6-4. Pefmits for- water ebslael les. eserved. Y.. .. .. .. ... ... _ .. ._ _ _ .. Todd Gerhardt Water Obstacles December 11, 2017 Page 4 of 4 G:\PLAN\City Code\2017\Various\Omnibus\Attachment 7 Water Structures Staff Report.docx .. .. .. M Y.. .. _ . _.. .. .. _ ... .. _ .....-11, I . MEN 111111111M. Iiilil;Ltilliiji ill • G:\PLAN\City Code\2017\Various\Omnibus\Attachment 7 Water Structures Staff Report.docx MEMORANDUM CITY OF CHANHASSEN Chanhassen is a Community for Life -Providing for Today and Planning forTomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: December 11, 2017 SUBJ: Definition of Attached Structure Proposed Motion: "The City Council adopts the attached ordinance amending Chapters 1 of the City Code." ISSUE The City Code has various setback and size limits that apply to detached accessory structures; however, the City Code does not define what constitutes an attached accessory structure. This has led to situations where homeowners have nominally attached structures which are functionally detached to circumvent the intent of the ordinance. SUMMARY The city's zoning code limits the maximum size of detached accessory structures like garages and sheds to 1,000 square feet or 30% of the rear yard's area. The intent of this ordinance is to preserve the residential character of the city's neighborhoods, and also to prevent the proliferation of prohibited home occupations based out of large garages and workspaces. The city does not define what constitutes an attached structure which means that by linking two separate structures through a breezeway, access tunnel, or other similarly tenuous means the restrictions on structure size can be circumvented. A definition of what constitutes an attached accessory structure would remove ambiguity and prevent exploitation of the city's different standards for attached and detached structures. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Definition of Attached Structure December 11, 2017 Page 2 of 3 RELEVANT CITY CODE Sec. 1-2. — Rules of construction and definitions: Defines terms such as "Accessory use or structure", `Building, principal", "Principal structure", and "Structure" and other terms that can influence how the ordinance is enforced. Sec, 20-904 — Accessory structures: Lists the setbacks, allowed locations, size, and other restrictions that apply to detached accessory structures. Sec. 20-908. — Yard regulations: Specifies what architectural elements of a principal structure or structure attached to a principal structure can encroach into which required yards and to what extent. ANALYSIS The city's zoning code applies different standards to accessory structures depending on if they are attached or detached. Accessory structures which are attached to a primary structure are required to abide by the same setbacks as the primary structure, but are entitled to some encroachments. For example, uncovered decks and patios can project up to five feet into any required yard setbacks, and architectural features like eves can project up to 2.5 feet. Detached structures are subject to the property's general front and side yard setbacks, but their rear setback is determined by their size. Large detached structures, those exceeding 400 square feet, must meet the same rear yard setback as a principal structure. Detached structures are limited to a maximum of 1,000 square feet and may not occupy more than 30 percent of the rear yard. The city chose to limit the maximum size of detached structures after it discovered that many larger detached garages where being constructed to facilitate prohibited home occupations, such as contractor's yards. The limit also helps preserve the residential character of the city's detached single-family neighborhoods, and the 30 percent cap ensures that a high proportion of green and open space is preserved. The city's variance process allows individuals who need larger accessory structures, such as horse owners, to receive exemptions from the size requirements, and other provisions exempt farms and agricultural buildings from the size requirements. Individuals desiring additional storage space can also construct attached garages, the size of which are only limited by the property's impervious surface restrictions and principal structure setbacks. On occasion individuals have constructed detached accessory structures in excess of 1,000 square feet and responded to the city's efforts to enforce the ordinance by constructing breezeways, tunnels, or other tenuous links between the buildings. In other instances, upon being informed of the 1,000 square foot size limit, residents have submitted plans for larger buildings attached to the principal structure by similar means. In both cases, the people in question are Todd Gerhardt Definition of Attached Structure December 11, 2017 Page 3 of 3 taking advantage of the ambiguity of the word "attached" to construct buildings counter to the intent of the City Code. Defining the word attached would ensure that all functionally detached structures are subject to the same requirements as technically detached structures. ALTERNATIVES 1) Do nothing. This problem occurs fairly infrequently, and most residents attach structures in a manner consistent with the intent of the ordinance. 2) Amend Section 1-2 to define what is meant by the term "Structure, attached" to be structures sharing a common wall. 3) Amend Section 1-2 define what is meant by the term "Structure, attached" to be structures sharing a common wall or connected by an above ground structure providing pedestrian access not exceeding 10' in length. RECOMMENDATION Option 2 would establish a consistent treatment for similar activities. The revised ordinance could read: Sec. 1-2. — Rules of construction and definitions. Attached Structure. See Structure, attached. Structure, attached means any structure that is attached to another structure by a common wall. G:\PLAN\City Code\2017\Various\Omnibus\Attachment 8 Attached Structure Definition Staff Report.docx MEMORANDUM CITY OF CHANHASSEN Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: December 11, 2017 SUBJ: Planned Unit Development District Setbacks Proposed Motion: "The City Council adopts the attached ordinance amending Chapter 20 of the City Code." ISSUE The city's Planned Unit Development districts have mandatory minimum project setbacks which can limit the districts' intended flexibility. SUMMARY Planned Unit Developments (PUD) are designed to allow the city the maximum amount of flexibility possible in order to create unique and environmentally sensitive developments that would not possible within the confines of the base zoning districts. The section of the city's zoning code which allows it to establish PUDs specifies standard minimum project setbacks for the different types of PUD districts. These minimum project setbacks can serve to reduce the flexibility of PUD districts and hamper their ability to preserve desirable site characteristics and efficiently use available land. It may make sense to remove these minimum setbacks, in favor of increased flexibility. RELEVANT CITY CODE Chapter 20- Article VIII. - Planned Unit Development Districts: This article established the intent, standards, and guidelines for using PUD districts. Chapter 20- Article XXV. — Landscaping and Tree Removal: This article establish the minimum screening and buffer requirements for transitions between lower and higher intensity land uses. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 2 of 18 ANALYSIS PUDs are a tool which allow the city and developers to establish the unique zoning districts that allow for developments that could not be accommodated by traditional zoning categories. Sec. 20-501 states that the intent of Planned Unit Developments (PUDs) is to "offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards" with the understanding that "the development plan will result in a significantly higher quality and more sensitive proposal". This section goes on to elaborate that applicants seeking this zoning should demonstrate the development will facilitate preservation, sensitive transitions, and design compatibility with surrounding land uses, amongst other criteria. PUDs are best able to serve their intended function when both the city and developers have a high level of flexibility in creating the PUD district. As it is currently written, the PUD ordinance lists general standards for all PUDs. These standards mandate that industrial PUDs adjacent to single-family homes have minimum building and parking setbacks between 50 and 100 feet, depending on screening. All PUDs are required to meet the buffer requirements established by the city's Comprehensive Plan and Chapter 20, Article XXV of the City Code. This configuration establishes a range of setbacks for these types of PUDs and grants the city the flexibility to modify the setbacks based the development's unique features. Sec. 20-506 lists minimum lot sizes and setbacks for single-family detached residential PUDs. These lot sizes and setbacks establish a minimum threshold appropriate for PUDs seeking to create detached single family neighborhoods. Its base interior setbacks are those of the Residential Single Family District, with the option for the Council to reduce the front yard setback to 20 feet. This PUDs exterior setback is 30 feet. It is not clear why a low-density district would need additional setback and screening from other low-density districts. Removing this requirement would still allow the City Council to require a setback or screening if the situation warranted. Sec. 20-508 provides for a high degree of flexibility with no minimum lot sizes or stipulated interior setbacks beyond a 30 -foot public right of way setback which the Council can reduce to 20 feet. This district also has a 50 -foot exterior setback. The intent of this setback is to provide a transition area between high and medium density residential districts and adjacent low-density single-family districts; however, the screening and buffing requirements established by the comprehensive plan and Chapter 20, Article XXV are also designed to provide the screening and facilitate transitions between uses. While these buffer requirements do not establish minimum setback distances, they do establish a sliding scale requiring an increased density of landscaping as setback distances decrease. Inserting a provision to allow the city to increase or decrease this setback as part of the approval process would grant increased flexibility similar to what is allowed for PUDs creating regional/lifestyle or industrial centers. Sec. 20-509 which governs the creation of PUDs for regional/lifestyle centers has a 30 -foot exterior setback, but allows the City Council to increase or decrease the setback as part of the Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 3 of 18 approval process. A similar provision exists for the district's 50 -foot setback from residential districts. This configuration provides a base line setback, but maintains the city's ability to customize the PUD's zoning characteristics based on an area's unique features. Variances can be granted from these exterior setback requirements; however, it is somewhat redundant as all PUD ordinances are already subject to public hearings and City Council approval. That being said, the threshold for receiving a variance is higher than that for having the City Council waive a setback requirement. Granting the city a higher level of discretion in the relief it grants developers from PUD exterior setbacks will increase the flexibility of the ordinance and the ability to fulfill its intended function. Additionally, adding language allowing the City Council to waive setback requirements as part of the PUD approval process creates equal treatment between the different types of PUDs and eliminates a procedural hurdle. ALTERNATIVES 1) No change. The city can grant a variance in cases where these setbacks do not make sense. 2) Amend the PUD Ordinance to remove the required project setbacks. 3) Amend the PUD Ordinance to remove existing exterior setback from 20-506, and utilize the language from Sec. 20-509 to allow council to waive or increase setbacks for 20-508 appropriate. 4) Amend the PUD utilize the language from Sec. 20-509 to allow council to waive or increase setbacks for 20-508 and 20-506 as appropriate. RECOMMENDATION Option 3 would grant PUD districts a level of flexibility in line with their attended function, while establishing guidelines and criteria for altering the base standard. The potential ordinance change would read as follows: ARTICLE VIII. - PLANNED UNIT DEVELOPMENT DISTRICT Lei Footnotes: --- (11) --- Editor's note— Section 1 of Ord. No. 149, adopted June 24, 1991, amended Art. VIII, Div. 1, to read as herein set out. Former Art. VIII, Div. 1, §§ 20-501-20-505, pertaining to similar subject matter and derived from Ord. No. 80, Art. V, § 18(5-18-1-5-18-5), adopted Dec. 15, 1986, and Ord. No. 136, § 1, adopted Jan. 28, 1991. DIVISION 1. - GENERALLY Sec. 20-501. - Intent. Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 4 of 18 Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the city's expectation is to be realized as evaluated against the following criteria. Planned unit developments are to encourage the following: (1) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. (2) More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. (3) High quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. (4) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (5) Development which is consistent with the comprehensive plan. (6) Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the comprehensive park plan and overall trail plan. (7) Provision of housing affordable to all income groups if appropriate within the PUD. (8) Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. (9) Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. (Ord. No. 149, § 1, 6-24-91; Ord. No. 377, § 61, 5-24-04) Sec. 20-502. - Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 5 of 18 (2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. (3) Residential development in a regional/lifestyle center commercial PUD, may only occur in conjunction with a commercial or office development and may not encompass more than 20 percent of the proposed development. The residential component of a development may be constructed concurrent or after construction of the commercial or office component, but may not proceed such commercial or office development. The phasing of the residential component shall be reviewed and approved as part of the development plan. (Ord. No. 149, § 1, 6-24-91; Ord. No. 377, § 62, 5-24-04; Ord. No. 488, § 1, 11-23-09) Sec. 20-503. - District size and location. Each PUD shall have a minimum area of five acres except the regional/lifestyle center commercial PUD, which must be a minimum of 30 acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. (Ord. No. 149, § 1, 6-24-91; Ord. No. 377, § 63, 5-24-04; Ord. No. 488, § 2,11-23-09) Sec. 20-504. - Coordination with other zoning regulations. (a) Subdivision review under chapter 18 shall be carried out simultaneously with the review of a PUD. The plans required under this chapter shall be submitted in addition to or in a form which will satisfy the requirements of chapter 18 for the preliminary and final plat. (b) Site plan review under article II, division 6 of this chapter, shall be carried out for each nonsingle-family or duplex principal structure that is proposed. (c) PUD plans shall be coordinated with and in compliance with provisions of articles V, VI and VII of this chapter. (Ord. No. 149, § 1, 6-24-91; Ord. No. 377, § 64, 5-24-04) Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 6 of 18 Sec. 20-505. - Required general standards (a) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance standards. (c) Density. An increase/transfer for density may be allowed at the sole discretion of the city utilizing the following factors: (1) Density within a PUD shall be calculated on net acreage located within the property lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single-family detached area will be evaluated using the items listed in sections 20-506 or 20-508. Density transfer eligible for multiple -family areas are not permitted to be applied to single-family areas. (4) hi no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 7 of 18 (e) Hard surface coverage shall be limited as follows: Comprehensive Plan Designation Hard Surface Coverage (%) Low or medium density residential 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Mixed use 70 Individual lots within the PUD may exceed these standards as long as the average meets these standards. (f) Building and parking setbacks from public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a PUD. Where industrial uses abut developed platted or planned single-family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUDs must be developed in compliance with buffer yard requirements established by the comprehensive plan and chapter 20, article XXV, of the Chanhassen City Code. (g) More than one building may be placed on one platted or recorded lot in a PUD (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction, however, all parcels will remain subject to the PUD development contract that will be recorded in each chain -of -title. (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and. shall be regulated by permanent covenants or design standards established in the PUD development contract. (j} The requirements contained in articles XXIII and XXV of this chapter may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 8 of 18 ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. (1) No building or other permit shall be issued for any work on property included within a proposed or approved PUD, nor shall any work occur unless such work is in compliance with the proposed or approved PUD. (m) Buffer yards. (1) The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. (2) The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. (3) The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of benning, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 149, § 1, 6-24-91; Ord. No. 179, § 3,11-23-92; Ord. No. 240, § 14,7-24-95; Ord. No. 315, § 2, 3-26-01; Ord. No. 377, §§ 65-68, 5-24-04; Ord. No. 474, §§ 7, 8, 10-13-08; Ord. No. 522, § 7, 5-23-11) Sec. 20-506. - Standards and guidelines for single-family detached residential planned unit developments. (a) Intent. The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public/private open and recreational space, should also be enhanced. (b) Minimum lot size. The standard single-family residential PUD allows lot sizes down to a minimum of 11,000 square feet (excluding identified wetland areas from lot calculations). The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions, preservation of natural features and open space Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 9 of 18 and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a 60 -foot by 60 -foot building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard 30 feet deep. (c) Minimum lot width at building setback: 90 feet. (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: Raw EIN .- (31) Front yard: 30 feet A The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (32) Rear yard: 30 feet. (3) Side yard: Ten feet. (4) Accessory buildings and structures: Located adjacent to or behind principal structure a minimum of ten feet from property line. *T1. 30 Feet Gfei# yefd seth ek ffiay be .. aii ed by the e:ty e...,ne:l ...l.en it is de.«onst«..4ed that - 1YFeteefien ..ill be enhaneeA in these i...d....ees n .« A.ent .,..«A Seth ek of Ill feet ..1.,.11 be maintained. (f) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas shall require a mix of over -story trees and other plantings consistent with the site. A minimum of one over -story tree must be provided in each front yard. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 10 of 18 measures shall be provided for double -fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Rear yard. The rear yard shall contain at least two over -story trees. Preservation of existing trees having a diameter of at least six inches at four feet in height can be used to satisfy this requirement of the PUD and the plans should be developed to maximize tree preservation. (h) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two -car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage buildings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, § 1, 11-23-92; Ord. No. 377, §§ 69, 70,5-24-04; Ord. No. 542, § 1, 6-25-12) Sec. 20-507. - Controls during construction and following completion. (a) The use of the land, the construction, modification or alteration of any buildings or structures in a PUD shall be governed by the final development plan. (b) After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan for a PUD except: (1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the city planner if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the bulk of any building structure by more than ten percent. (2) Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved. (3) Changes in uses, any rearrangements of lots, blocks and building tracts, changes in the provisions of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the planning Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 11 of 18 commission and upon final approval by the city council. Any changes shall be recorded as amendments to the final development plan. (c) Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original PUD. A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units by more than five percent; (3) Increases the gross floor area of nonresidential buildings by more than five percent or increases the gross floor area of any individual building by more than ten percent; (4) Deceases the amount of open space by more than five percent or alters it in such a way as to change its original design or intended use; or (5) Creates noncompliance with any special condition attached to the approval of the master development plan. (Ord. No. 149, § 1, 6-24-91) Sec. 20-508. - Standards and guidelines for single-family attached or cluster -home PUDs. (a) Generally. Single-family attached, cluster, zero lot line, townhouses and similar type dwelling types may be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. (b) Minimum lot sizes. There shall be no minimum lot size; however, in no case shall net density exceed guidelines established by the city comprehensive plan. (c) Setback standards/structures and parking: (1) PUD exterior: 50 feet. The 50 -foot PUD exterior setback may be changed, increased or decreased, by the city council as part of the approval process when it is demonstrated that environmental protection or development design will be enhanced. (2) Interior public right-of-way: 30 feetA-"- &The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (3) Other setbacks: Established by PUD agreement. (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 12 of 18 stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (e) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over -story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and more intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double -fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (f) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two -car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage buildings and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, § 2,11-23-92; Ord. No. 240, § 15, 7-24-95; Ord. No. 315, § 3, 3-26-01; Ord. No. 377, §§ 70, 71, 5-24-04) Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 13 of 18 Sec. 20-509. - Standards and guidelines for regional/lifestyle center commercial planned unit developments. (a) Intent. (1) The use of planned unit developments for regional/lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. It shall strive to create a self-sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping and social components. (2) The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. (3) Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid monotony in design and visual appearance. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. (b) Minimum lot size: 10,000 square feet (c) Minimum lot width at building setback: 100 feet. (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: Building setbacks are also a function of the building height. As a building's height increases above 35 feet, the front, rear and project perimeter setback shall increase on a one to one basis. The increased setback shall only apply to that portion of the building that exceeds 35 feet, e.g., a 40 -foot tall building would be set back ten feet (front or rear) at that point where the building height equals 40 feet. A building height may step back, providing the setback/building height ratio is maintained. (1) PUD exterior: 30 feet. The 30 -foot PUD exterior setback may be changed, increased or decreased, by the City Council as part of the approval process when it is demonstrated that environmental protection or development design will be enhanced. Building setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the comprehensive plan shall be 50 feet, unless unique circumstances are found which would allow the city to reduce the setback requirement. (2) Front yard: 5 feet. Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 14 of 18 (3) Rear yard: 5 feet. (4) Side yard: 0. (5) Parking: Setbacks (feet) Front: 10 Side: 10 Rear: 10 (6) Parking setback exemptions: a. There is no minimum parking setback when it abuts, without being separated by a street, another off-street parking area. b. Parking along public streets shall provide an appropriate transition, which shall incorporate such elements as landscaping, decorative fencing, public art, berming, etc. c. Parking setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the comprehensive plan shall be 50 feet unless unique circumstances are found which would allow the city to reduce the setback requirement. Unique circumstances include site elevation, separation by natural features such as wetlands or stands of mature trees or substantial visual screening through berming and landscaping. (7) Parking standards shall comply with City Code for type and location. (f) Maximum building height: Commercial—retail 2 stories Commercial—services i 3 stories Office 5 stories Residential 5 stories (g) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 15 of 18 stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (h) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over -story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and less intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and less intensive uses. Similar measures shall be provided for double -fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget or plan for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget or prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (i) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments; (2) Streetscape requirements: a. Every building shall incorporate a streetscape, public realm space between the building the roadway. The use of canopies, awnings or arcades is encouraged in these interfaces. b. Outdoor seating areas must be in a controlled or cordoned area with at least one access to an acceptable pedestrian walk. Seating areas may be shared by multiple uses. When a liquor license is involved, an enclosure is required around the outdoor seating area and the enclosure shall not be interrupted; access to such seating area must be through the principle building. Outdoor seating areas must be located and designed so as not to interfere with pedestrian and vehicular circulation. c. Streetscape elements shall include: Landscaping, lighting and street furniture such as benches, bus shelters, kiosks, planters, public art, tables and chairs, etc. Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 16 of 18 (Ord. No. 488, § 3, 11-23-09) Secs. 20-510-20-515. - Reserved. DIVISION 2. - PROCEDURES Sec. 20-516. - Preapplication conference Prior to filing an application for PUD, the applicant shall attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this article before incurring substantial expense. (Ord. No. 80, Art. V, § 18(5-18-6(t)),12-15-86; Ord. No. 542, § 2, 6-25-12) Sec. 20-517. - General concept plan. (a) In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recommended for large PUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this information should include the following information appropriate to the type of development, e.g., commercial, industrial or residential: (1) Approximate building areas, pedestrian ways and road locations; (2) Height, bulk and square footage of buildings; (3) Type, number or square footage or intensities of specific land uses; (4) Number of dwelling units; (5) Generalized development plan showing areas to be developed or preserved; and (6) Staging and timing of the development. (b) The tentative written consent of all property owners within the proposed PUD shall be filed with the city before the staff commences review. Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. (c) The final acceptance of land uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. (3) The planning commission shall conduct a hearing and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing. Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 17 of 18 Written notification of the hearing shall be mailed at least ten days prior thereto to owners of land within 500 feet of the boundary of the property and an on-site notification sign erected. (4) Following the receipt of the report and recommendations from the planning commission, the city council shall consider the proposal. The council may comment on the concept plan. (Ord. No. 80, Art. V, § 18(5-18-6(2)), 12-15-86; Ord. No. 377, § 72, 5-24-04; Ord. No. 409, § 3, 1-9-06; Ord. No. 542, § 3, 6-25-12) Sec. 20-518. - Development stage. (a) The applicant shall submit the development stage application, preliminary plat and fee. The applicant shall file the development plans and preliminary plat, together with all supporting data. (b) With the appropriate notifications, the planning commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations to the city council for action. (c) The development stage shall include, but not be limited to: (1) A preliminary plat and information required by chapter 18. (2) An approved development plan drawn to a scale of not less than one inch equals 100 feet containing at least the following information: a. Proposed name of the development. b. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. c. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, and existing buildings which will remain, if any. d. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements, including bike and pedestrian; and the total site coverage of all circulation elements. e. The location, designation and total area proposed to be conveyed or dedicated for private and public open space, including parks, playgrounds, school sites and recreational facilities. f. The location, use and size of structures and other land uses located within 200 feet of the property boundary. g. A natural resource analysis identifying existing vegetation areas consisting of forest and wood lots as well as wetlands and wetlands vegetation; the geology, slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage Todd Gerhardt Planned Unit Development District Setbacks December 11, 2017 Page 18 of 18 swales, runoff settling areas, and floodplains must be identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. h. A proposed landscaping plan, including location of existing plants, identification of species, caliper size and acreage. i. The location, type and size of all graphics and signage. j. Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept plan. (3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. (4) A tabulation indicating the number of residential dwelling units and expected population. (5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity. (6) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes. (7) Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. (8) A soil erosion control plan acceptable to watershed districts, state department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. (9) Protective covenants and homeowners' association bylaws. (d) The city may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant concerning operational factors. (Ord. No. 80, Art. V, § 18(5-18-6(3)), 12-15-86; Ord. No. 542, § 4, 6-25-12) Sec. 20-519. - Final stage. Following preliminary plat approval, the applicant for PUD shall prepare and submit the final plat and execute the development contract prepared by the city. If appropriate because of the limited scale of the proposal, the preliminary and final plats may proceed simultaneously. The city council shall then consider the submission for final approval and rezoning to PUD. (Ord. No. 80, Art. V, § 18(5-18-6(4)), 12-15-86) Secs. 20-520-20-550. - Reserved. GAPLAN\City Code\2017\Various\Omnibus\Attachment 9 PUD Setbacks Staff Report.docx MEMORANDUM CITY OF C HANHASSE N Chanhassen is a Community for Life -Providing for Today and Planning forTomorrow TO: Todd Gerhardt, City Manager FROM: Stephanie Smith, Project Engineer 6 DATE: December 11, 2017 SUBJ: Road Design Standards Proposed Motion: "The City Council adopts the attached ordinance amending Chapters 18 of the City Code." ISSUE The City Code requirements for vertical curves of public street design in subdivisions are not consistent with MnDOT's Roadway Design Manual (RDM). The RDM requires a more precise calculation of the sight distance for the vertical curve, whereas, current code requires longer vertical curves than the RDM calculation would. This difference has created confusion for development engineers and has reduced design flexibility. Recent projects that have had to revise roadway design based on this code include Anthem on the Park, Arbor Glen and West Park. REQUIREMENTS IN NEARBY CITIES Chaska: Not specifically addressed. Cottage Grove: 14.43.140 B. 7. All applicable engineering design standards for streets, utilities, surface water management, and easements shall be met. Eden Prairie: Section 12.30 subd. 3. D. Vertical Curves. Different connecting street gradients shall be connected with vertical curves. Minimum length, in feet, of these curves shall conform to the requirements of the Minnesota Department of Transportation Road Design Manual, latest revision. Elk River: Section 30-531. [Street improvements] installed in conformity with construction plans approved by the city engineer and in conformity with all applicable standards and ordinances of the city. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Road Design Standards December 11, 2017 Page 2 of 2 Inver Grove Heights: Not specifically addressed. Hopkins: Not specifically addressed. Minnetonka: Section 400.030 subd. 2. c) Streets must be designed in accordance standards and specifications as required by the city engineer. ALTERNATIVES 1. Do nothing. Our code requirement will continue to require street standards that differ from MnDOT's recommendations. 2. Amend Section 18-57 (h) to require public streets to follow the most recent version of MnDOT's Roadway Design Manual. RECOMMENDATION Staff recommends Option 2 to make vertical curve design constant with state agencies. The revised ordinance could read: See. 18-57. - Streets. (h) Different connecting street grades shall be connected with vertical curves. NliftitAttm length, i feet of the .,ef fiea a ....hall be on t:.,,o.. the ,.t,.,.t__aie a:cce..e....e in the The vertical curve length shall conform to the requirements of the Minnesota Department of Transportation Road Design Manual, latest revision. G:\PLAN\City Code\2017\Various\Omnibus\Attachment 10 Street Guidelines Staff Report.docx CITY OF C HANHASSE N Chanhassen is a Community for Life -Providing for Today and Planning forTomorrow MEMORANDUM TO: Todd Gerhardt, City Manager 40 FROM: Stephanie Smith, Project Engineer Sb 11 DATE: December 11, 2017 SUBJ: Private Street Signs Proposed Motion: "The City Council adopts the attached ordinance amending Chapters 18 and 20 of the City Code." ISSUE The City Code does not have specific requirements for regulatory, warning or guidance signage on private streets. This memorandum is in response to the installation of signs and pavement markings on private streets that do not meet signage standards set by the Minnesota Manual on Uniform Traffic Devices (MN-MUTCD). In the future, having language in the City Code regarding traffic control, which includes both signage and pavement markings, will require incoming developments to install the correct traffic control from the beginning. Nationally and state-wide the need for standardization of signage has been recognized since the 1930's when Minnesota's first manual on standard signage was published. Standardization is needed on a local level as well. Minnesota State Rule 169.06 Subd. 3 requires local governments to follow the MN-MUTCD for signage and pavement markings. The signs and pavement markings installed in private developments have included non-standard sizing for stop signs and non-standard crosswalk paint amongst others. Non-standard traffic control installed on private streets can result in driver confusion or be difficult to read. They can also create difficultly in enforcement if sub -standard regulatory signs (such as stop signs) are violated. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Private Street Signs December 11, 2017 Page 2 of 2 ALTERNATIVES 1) Do nothing. Non-standard signs would continue to be installed. Driver confusion, reading impediment and/or enforcement difficulty would continue. 2) Amend Section 20-1103 to require private street signage to follow the most recent version of the Minnesota Manual on Uniform Traffic Devices. Staff recommends Alternative 2 to make signage consistent within the City and in conformance with state law. The revised ordinance could read: Sec. 20-1103. Private streets. a) Private streets are prohibited unless created and maintained pursuant to City Code subsections 18-57 (n), (o), (p) and (s). Lots of record created prior to December 10, 1990 are exempt from the private streets requirements. b) Private streets are required to use traffic control that is consistent with the current version of the Minnesota Manual on Uniform Traffic Control Devices. Sec. 18-57. Streets. (p) (10) Private streets are required to use traffic control that is consistent with the current version of the Minnesota Manual on Uniform Traffic Control Devices as per Section 20-1103 (b). G:\PLAN\City Code\2017\Various\Omnibus\Attachment 11 Private Street Signage Staff Report.docx CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Shanneen Al-Jaff, Senior Planner MacKenzie Walters, Assistant Planner DATE: December 11, 2017 SUBJ: Adult Daycare Proposed Motion: "The City Council adopts the attached ordinance amending Chapters 1 and 20 of the City Code." ISSUE The City Code does not differentiate between child oriented and adult oriented day care. These two populations have different needs and the City Code should reflect this. SUMMARY As the population continues to age there is an increasing interest in and need for adult daycare services. The city has responded to requests about the possibility of opening adult daycare centers by applying its general daycare standards; however, these standards are geared towards child oriented daycare facilities and some of the conditions, like those addressing outdoor play areas, do not apply. It would be appropriate to clarify where and under what conditions adult daycares are permitted and to develop appropriate standards to govern these uses. ANALYSIS Currently daycares are classified as conditional uses in higher density residential (R-8, R-12, and R- 16) and IOP districts, and as permitted uses in most commercial districts, the exceptions being CC and BF where they are not permitted and CBD where they only allowed as part of a shopping center. They are also listed as a permitted accessory use within the IOP district. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Adult Daycare December 11, 2017 Page 2 of 4 Within residential districts, the conditions associated with daycares addressed the need for appropriate licensing, pick up and drop off areas, and proper screening of outdoor play areas. The conditions associated with IOP districts are similar, but also include provisions addressing radon testing and ambient noise levels. In both cases, the concern that justifies the additional scrutiny and review associated with a conditional use permit are the provisions addressing outdoor play areas, all of the other conditions could be addressed by attaching general performance standards to the use. Since adult daycares do not have the same type of outdoor needs and impacts as child oriented daycares, it is not necessary to put them through an additional process and they can be listed as a permitted use. Provisions addressing proper licensing and pick up and drop off traffic can be addressed by adding specific performance standards to adult daycares. The other standard staff evaluated as part of this review was the parking standards associated with daycares. The City Code requires one parking space per 6 children of design capacity for daycares. This standard reflects the state's requirement that Child Care Centers have a set ratio of staff to children which can be as high as 1 to 4 for infants. Adult daycares do not have similarly structured staff to client ratios, and their staffing needs vary dramatically depending on the exact population they are serving. Also, it is common for adult attendees to be picked up by a bus or a shuttle to be dropped off at the facility which minimizes the number of required parking spaces. For these reasons, a parking standard specific to adult daycares requiring one space per employee and facility vehicle and an additional space for each 15 clients of design capacity is proposed. PROPOSED REVISIONS A definition for adult day care should be added to the City Code and it should be made a permitted use within appropriate zoning districts. Standards shall also be added to regulate the use. Chapter 1- GENERAL PROVISIONS Sec. 1-2. - Rules of construction and definitions. Adult day care means a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care. Adult day care does not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals. Church means a building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. A church may include living quarters for persons employed on the premises and classroom facilities. The Todd Gerhardt Adult Daycare December 11, 2017 Page 3 of 4 following are not considered as churches: camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat homes, sleeping quarters for retreatants during spiritual retreats extending for periods of more than one day. Bible camps with live-in quarters, publishing establishments, ritual slaughterhouses, radio or television towers and transmission facilities, theological seminaries, day care centers, adult day care, hospitals, and drug treatment centers are not churches. (10) (20) Permitted Use in the following Districts: DIVISION 2. - "R-8" MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 20-652. - Permitted uses. (7) Adult Day Care, subject to the requirements of Sec. 20-966 • ARTICLE XV. - HIGH DENSITY RESIDENTIAL DISTRICTS • DIVISION 1. - "R-12" DISTRICT • Sec. 20-672. - Permitted uses. (5) Adult Day Care, subject to the requirements of Sec. 20-966 DIVISION 2. - "R-16" DISTRICT Sec. 20-681. - Permitted uses. (5) Adult Day Care, subject to the requirements of Sec. 20-966 • RTICLE XVI. - "BN" NEIGHBORHOOD BUSINESS DISTRICT Sec. 20-692. - Permitted uses. (15) Adult Day Care, subject to the requirements of Sec. 20-966 ARTICLE XVII. - "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-712. - Permitted uses. (21) Adult Day Care, subject to the requirements of Sec. 20-966 • ARTICLE XIX. - "BG" GENERAL BUSINESS DISTRICT • Sec. 20-752. - Permitted uses. (31) Adult Day Care, subject to the requirements of Sec. 20-966 • ARTICLE XXII. - "IOP" INDUSTRIAL OFFICE PARK DISTRICT • Sec. 20-812. - Permitted uses. (14) Adult Day Care, subject to the requirements of Sec. 20-966 Todd Gerhardt Adult Daycare December 11, 2017 Page 4 of 4 . ARTICLE XXIII. - GENERAL SUPPLEMENTAL REGULATIONS DIVISION 2. - PERFORMANCE STANDARDS Sec. 20-966. — Adult Day Care. 1. The site shall have loading and drop off points designed to avoid interfering with traffic and pedestrian movements. 2. The adult day care shall obtain all applicable state, county and city licenses. DIVISION 2. - PARKING AND LOADING Sec. 20-1124. - Required number of on-site parking spaces. Parking Standards: (y) Adult Day Care: One stall per employee plus one stall per facility vehicle, plus one stall per 15 clients of design capacity G:\PLAN\City Code\2017\Various\Omnibus\Attachment 12 Adult Daycare Staff Report.docx MEMORANDUM CITY OF CHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: Jerry Ruegemer, Recreation Superintendent DATE: December 11, 2017 SUBJ: Ordinance Amending Chapter 14 of the Chanhassen City Code Regarding Public Swimming Beaches PROPOSED MOTION The Park and Recreation Commission recommends that the City Council approve the Public Swimming Beach Ordinance information for Chapter 14 of the City Code. Chanhassen City Code, Chapter 14 — Parks and Recreation covers many items related to our park system such as operating hours, camping, animals, water pollution, etc. Chapter 14 was void of a public swimming beach section and clarification is needed to better serve the needs of the Chanhassen community. On June 27, 2017, the Park and Recreation Commission approved a motion to recommend adding Section 14-70 to the Chanhassen City Code as follows: Sec. 14-70. Public swinuning beaches. (a) No person shall swim in or enter a body of water or area posted closed to swimming. (b) No person shall allow a dog or other pet to enter the water with swimmers except service animals as governed by the Americans with Disabilities Act. (c) No person shall enter a designated swimming area before 6:00 am or after 10:00 pm. (d) No person shall possess or use glass containers of any kind in designated beach area. PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Swimming Beach Ordinance December 11, 2017 Page 2 (e) No person shall use an air mattress, inner tube, or other flotation device that is not approved by the Coast Guard. (f) No person shall intentionally expose his or her own genitals, pubic area, buttocks, or female breast below the top of the areola with less than a fully opaque covering, while wading, swimming, or using any beach or other areas within a park. (g) No person shall fish in an area designated for swimming. (h) No person shall fly any unmanned aerial vehicle (drone) over a designated swimming beach at such a low altitude as to interfere with the use of wading, swimming, or other recreation use, except when approval was granted for said use. (i) No person shall start or maintain a fire in any designated public swimming beach. (j) No person shall throw sand, mud, rocks, or any other dangerous objects on the beach and designated swimming area. (k) No person shall use threatening, profane, abusive, disorderly, insulting, or indecent language or commit any act which is a breach of the public peace. (1) The City of Chanhassen shall have the authority to prohibit the use of such equipment deemed dangerous to persons engaged in swimming or wading. (m) No person shall use tobacco or engage in vaping in the designated swimming area. At their July 24, 2017 work session, the city council reviewed the Park and Recreation Commission's recommendation and requested that only item (g) be presented for adoption (No person shall fish in an area designated for swimming). It is recommended that the Chanhassen City Council adopt an ordinance amending Chapter 14 — Parks and Recommendation by adding the following section: Sec. 14-70. Public swimming beaches. 1. No person shall fish in an area designated for swimming. Todd Gerhardt Swimming Beach Ordinance December 11, 2017 Page 2 ATTACHMENTS 1. Park and Recreation Commission minutes dated June 27, 2017. 2. City Council Work Session minutes dated July 24, 2017. g:\park\jeny\public swimming beach ordinances\public swimming beaches ordinance cc 12-11-17.docx Park and Recreation Commission — June 27, 2017 RECOMMENDATION REGARDING PUBLIC SWIMMING BEACH ORDINANCE Ruegemer: Thank you Chair Scharfenberg, good evening commissioners. Just wanted to go through tonight the recommendation regarding our public swimming beaches out at the various locations that we have in Chanhassen. The proposed motion tonight is that the Park and Recreation Commission recommend that the City Council approve the Public Swimming Beach Ordinance information for Chapter 14 in the Park and Recreation section of the City Code and that's, we'll go through the items here in a second here. I just wanted to make one friendly amendment and we'll go through that here as item (m). I'd like to recommend the ordinance is to include no tobacco use in designated beach areas. So a little background of this. Just really the purpose of the recommendation is to amend Chapter 14 of the Park and Recreation Commission section of the Chanhassen City Council. That specifically really relates to Park and Recreation Commission kind of what we do. It covers public gathering permits, camping, water pollution, pets, animals, type of things as it relates to people using our park system. Currently Chapter 14 was void of a public swimming beach section and I believe that clarification is needed to better serve our Chanhassen community. So listed below are items that staff is recommending be included in part of that update. So as we look at Section 14-70 related to our City Council. Number 1, no person shall swim or enter a body of water in an area posted closed to swimming. No person shall allow a dog or other pet to enter the water with swimmers except service animals as governed by the Americans with Disabilities Act. No person shall enter the designated swimming area before 6:00 a.m. or after 10:00 p.m. which is corresponding to our park hours. Item (d). No person shall possess glass containers of any kind except eye glasses in designated beach area. (e). No person shall use an air mattress, inner tube or other floatation device that is not approved by the Coast Guard. (f). No person shall intentionally expose his or her genitals, public area, buttocks, female breast below the top of the areola with less than fully opaque covering while wading, swimming or using any beach or other areas within a park. (g). No person shall fish in any area designated for swimming. (h). No person shall fly any aircraft over a designated swimming beach at such a low altitude as to interfere with the use of then use of wading, swimming or other recreational use except when approval was granted for said use. (i). No person shall start or maintain a fire in any designated public swimming beach. 0). No person shall throw sand, mud, rocks or other dangerous objects on the beach and designated swimming area. (k). No person shall use threatening, profane, abusive, disorderly, insulting or indecent language or commit any act which is a breach of the public peace. (1). The City of Chanhassen shall have the authority to prohibit the use of such equipment deemed dangerous to persons engaged in swimming or wading. And the amendment would be number (m). No person shall use tobacco in designated swimming beach. So staffs recommendation is that the Park and Recreation Commission recommend that the City Council approve the Public Swimming Beach Ordinance as listed. The new provisions will be updated in Chapter 14 of the Park and Recreation Section of the City Code. Scharfenberg: Any questions for Jerry? 7 Park and Recreation Commission — June 27, 2017 Kelly: Yeah I've got a number of questions actually. I'm looking at first (a) and (c) and I'm trying to figure out what our legal rights are as far as telling people what they can and can't do in the water. And when you have a beach that's owned by the City or any individual you have what's called riparian rights which means you can put out docks and you can put out, I think you've got buoys up for the swimming area, that type of thing. So you have the right to do that but I'm not sure and I don't know if you've talked to the City lawyer or not but there's what's called littoral rights and I couldn't find much on the internet about what they are and I'm not sure what we can and can't do as far as telling people what they can and can't do in the water. So it makes me nervous when you start posting things that people can't do when it's not a legal thing and I'm not sure and I couldn't find. I mean I looked up Minnesota public beaches. I looked up various city beaches and I couldn't find any laws. There's nobody posting any laws on what you can and can't do. And number (c), isn't that what time the park are open? So it's kind of being redundant in a way. Ruegemer: Well it's basically when the hours of operation when the park isn't open that you can't swim after 10:00 or before 6:00. Kelly: Right but they're not supposed to be in the park anyways. Ruegemer: Correct. Kelly: So to me that's being redundant. Just a few thoughts to think about. Number (e) I'm completely opposed to. Like when I swim I swim with noodles once in a while and they're not Coast Guard approved. What if people are taking their small kids with them and want to put the water wings on which will not be Coat Guard approved. I don't think most inner tubes are Coast Guard approved and I don't think, I don't see what problems they cause. If we can delete (e) I can support 14-70. If we don't delete (e) I can't support it. Those are my comments and questions. Scharfenberg: Anybody else? Tsuchiya: I had a question on (h). What's the definition of aircraft in this situation? I'm wondering specifically does it include drones. Ruegemer: Well that was yeah, that was I think kind of the intention of that. I mean obviously a Piper Cub isn't probably going to be flying through the area of the beach but I think the intention of (h) was drones for that. Tsuchiya: Okay. Yeah and then the last part of that section, except when approval was granted. Approval from whom? H Park and Recreation Commission — June 27, 2017 Ruegemer: Well that would be special use potentially for a special event. For fireworks or for other types of things that may be allowed by the City in some way for the event. Tsuchiya: Okay so someone would need to apply to the appropriate department here correct? Ruegemer: Correct. Hoffinan: Current property owner is currently the City. Tsuchiya: Alright. And then also on the proposed addition of section (m). Tobacco use, I'm not maybe Todd you can enlighten me. I'm not sure what the City has in place at this point regarding vaping but would that also be included in this section as prohibited in the area? Hoffman: You would probably have to specify it. There's no, currently there's no rules. You can use anything, tobacco anywhere in the city parks so. Tsuchiya: Yeah and I realize that public policy but just city but county and state is still developing in the area but I'm just wondering if it's something, I don't know. Anybody else have thoughts on it? Hoffman: You would want to add it. Same thing when it says aircraft, you could say including drones just to make it clear. Tsuchiya: Unmanned or whatever the official designation is for drones. Unmanned aerial vehicles, UAV's I think. That's all I have. Scharfenberg: Okay. Anybody else? I just had a question relative to context that this is coming before the commission. Is this something that staff thought was necessary to be taken care of? If you could speak to that issue please. Ruegemer: Chair Scharfenberg, yeah. You know just kind of through the course of time we've experienced or encountered some actions down at the public swimming beach itself at Lake Ann that really kind of precipitated that the conversation to kind of clean this up. We've had some people fishing within a designated swimming beach area and when asked to refrain from that activity there really wasn't any compliance to that so we really just kind of wanted to kind of clean up this and kind of get it a little bit more concrete so we could make sure that we have a safe designated swimming beach area for that intended use for swimming and not fishing. Scharfenberg: Okay. And with respect to the floatation issue that Commissioner Kelly raised, I'm assuming that the policy has been to date that children can use water wings and things of that nature? They can't. No floatation. Is there then are there signs up to that effect and will we have to redo signage if this would be passed? Park and Recreation Commission — June 27, 2017 Ruegemer: Yeah that has been kind of a standard that we've been using with the lifeguards down there that it has to be Coast Guard approved and really the intention behind that Coast Guard approved is, is a lot of times people kind of get that false sense of security when you have the water wings or other types of floatation devices, I think there is a false sense of security. Parents, guardians, nannies take their eyes off the children sometimes because they think hey they've got a floatation device. Next thing you know they're upside down and really you know that's a pretty standard I guess policy across the board and I'm kind of going by what our lifeguards conversations that we have as well because there are, there has been times where you know people get into trouble with that. Hoffman: But what the policy's about, what (e) is about is so a child that cannot swim, fully swim does not grab ahold of a device that's not Coast Guard approved, that's not attached to them. Gets into too deep of water. Falls off of that device and drowns. That's what that rule is about. Scharfenberg: I guess I'm curious any other commissioners thoughts on the floatation issue. Hougham: We've been using Lake Ann for the past few years now and I guess the first time we went there we had our, I don't know probably our noodles and our inner tube and they called us out, no. You can't take those out there and we, you know the first time we were kind of confused but after that it's never been an issue and I've seen them call, they call out everybody. It's not like some people use them and some people don't. If they see somebody go in the lifeguards are always there to enforce that and I don't think it takes away from the kids. There are plenty of Coast Guard approved floaty things out there that most of the kids have today. Kind of like the breast band with the arm things, those are Coast Guard approved and I see most kids have those at the beach. So no, no concern. Echternacht: As far as the throwing sand, throwing rocks and so on... I don't know where we draw the line. Hoffman: This is for the older kids. No toddlers arrested for tossing sand. Scharfenberg: Any other discussion? Would anyone like to make a motion? Hougham: I would like to make a motion that the Park and Recreation Commission recommends to the City Council to approve the Public Swimming Beach Ordinance information for Chapter 14 in the Park and Recreation section of the City Code with the updates to (h) to include UAD's in the description and with the approval of (m), no tobacco, vaping use in designated beach areas. Scharfenberg: And just to clarify for the record, UAD stands for? Tsuchiya: UAV. 10 Park and Recreation Commission — June 27, 2017 Scharfenberg: UAV. Hougham: UAV. Tsuchiya: Yeah Unmanned Aerial Vehicle. I believe that's the correct designation. Hougham: UAV or drone, whichever wording we call it. Tsuchiya: Yes, commonly known as drones. Hougham: Yes. Scharfenberg: Alright we have a proposed motion from Commissioner Hougham. Do we have a second? Petouvis: I'll second. Scharfenberg: A second from Commissioner Petouvis. Hougham moved, Petouvis seconded that the Park and Recreation Commission recommends the City Council approve the Public Swimming Beach Ordinance information for Chapter 14 in the Park and Recreation section of the City Code with amendments to (h) including UAV's and (m) including vaping. All voted in favor, except Commissioner Kelly who abstained, and the motion carried with a vote of 7 in favor and 1 abstention. Scharfenberg: The motion passes. Hoffman: Thank you. INITIATE DISCUSSION REGARDING RECOMMENDATION TO CITY COUNCIL, 2018-2022 PARK AND TRAIL ACQUISITION AND DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM (CIP). Hoffman: Thank you Chair Scharfenberg and members of the commission. Tonight is the start of this discussion so annually you develop a CIP. A capital improvement program for the City Council to consider as a part of their budget process. So you'll have tonight to start your conversation. July and August to finish it and then make a recommendation in August to the City Council. So we're always looking 5 years out but typically we're focusing on that next year and so things get moved around. Prices go up or down. The budgets aren't specifically locked in until that year you're in and then next year you're focusing on what you want to do in 2018 specifically and then those 2019, 2020 are things that are, I would say would be priorities. Sometimes they don't happen. Sometimes they get moved back or kind of bumped forward but 11 CHANHASSEN CITY COUNCIL WORK SESSION JULY 24, 2017 Mayor Laufenburger called the work session to order at 5:30 p.m. COUNCIL MEMBERS PRESENT: Mayor Laufenburger, Councilwoman Tjornhom, Councilman McDonald, Councilwoman Ryan, and Councilman Campion STAFF PRESENT: Todd Gerhardt, Chelsea Petersen, Kate Aanenson, Paul Oehme, Todd Hoffman, Greg Sticha, and Roger Knutson PUBLIC PRESENT Bill Coffinan 1000 Boone Avenue No., #400, Golden Valley Cathie Zimmerman 6291 Near Mountain Boulevard REVIEW 2ND QUARTER REVENUE AND EXPENDITURE ACTIVITY AND INVESTMENT UPDATE. Greg Sticha reviewed mid year revenues and expenditures. Reed Christenson with Wells Fargo reviewed a summary of the investment portfolio. Greg Sticha explained how the City chooses it's investments. Mayor Laufenburger asked for clarification on who decides on investments and when council will see this item again. Greg Sticha stated it will come back at the end of each quarter. DISCUSS AMENDMENT TO CHAPTER 14 OF THE CITY CODE CONCERNING PUBLIC SWIMMING BEACHES. Todd Hoffman discussed issues that the Park department has experienced at the City's public beaches, explaining that the beach laws are non -enforceable. Mayor Laufenburger asked why the City has rules that cannot be enforced. Todd Hoffinan discussed issues with people fishing within the Lake Ann Beach swimming area saying the Carver County Sheriffs office suggested creating a public swimming beach ordinance that can be enforced. Mayor Laufenburger asked for the difference between ordinance and rules. Councilman McDonald asked for clarification on the prohibition of air mattresses and inner tubes. Mayor Laufenburger asked about liability for the City if someone uses an illegal device in the ordinance. Roger Knutson stated the City would not be liable because the City has discretionary immunity. Todd Hoffinan continued with discussion of the 8 new proposed items to be included within an ordinance. Mayor Laufenburger asked for clarification of each item and discussed how these items can be enforced. Councilwoman Tjomhom stated her belief that she does not feel comfortable with trying to micromanage bad behavior of a few individuals. Councilwoman Ryan stated her belief that the items are subjective and not easily enforced and would like to see no use of tobacco in city parks. City Council Work Session — July 24, 2017 Councilman McDonald asked about just saying no fishing in a designated swimming area. Councilman Campion agreed to just address the no fishing in designated swimming areas but did not want to address the rest of the items. Mayor Laufenburger stated it was the consensus of City Council to address the no fishing in a swimming beach area as a city ordinance but not the other items. FOXWOOD TRAIL CONNECTOR: APPROVE BUDGET AMENDMENT. Todd Hoffman introduced Bill Coffman with Gonyea Homes, the developer of Foxwood, before reviewing the recommendation from the Park and Recreation Commission for a budget amendment for the proposed trail connections and discussing the comprehensive trail plan in this area. Mayor Laufenburger asked about the council's options besides approving the bid. Todd Hoffman stated staff was looking for council to change the CIP. Councilman Campion suggested options of installing a pedestrian crossing at Highway 101 or using a different trail route. Councilwoman Ryan explained her concern with depleting the park fund. Mayor Laufenburger asked how the $400,000 was established and what has changed to bring the amount of $805,000. Councilwoman Tjornhom asked about the timeline for approval. Councilwoman Ryan asked why a feasibility study was not performed for this project. Mayor Laufenburger adjourned the work session at 7:00 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 2