5 City Code Amendment, Bluff Creek Overlay District
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CITY OF
CHANHASSEN
MEMORANDUM
TO:
Don Ashworth, City Manager
Kate Aanenson, AlCP Planning Director '(-k
November 25, 1997
Ity Center Drive, PO Box 147 FROM:
'nhassen, Minnesota 55317
Phone 612.937.1900 DATE:
?neral Fax 612.937.5739
ineering Fax 612.937.9152 SUBJ:
'ic Safety Fax 612.934.2524
i www.ci.chanhassen.lI/n.us
Bluff Creek Overlay District
Over the last few months the Planning Commission has been reviewing the
draft of the Bluff Creek Overlay District. A public hearing was held on
December 3, 1997 to solicit comments on the proposed ordinance.
The purpose of this Overlay District is to protect the corridor including
wetlands, bluffs, and significant stands of mature trees. The intent is to
promote development patterns that reduce the impervious coverage resulting
in large areas of the site being left as permanent open space.
A copy of the ordinance was sent to the Twin Cities Builders Association and
notice was also given to property owners in the Bluff Creek Watershed.
Planning Commission and the staff are recommending that the City Council
adopt the ordinance.
ATTACHMENTS
1. Planning Commission minutes dated December 3, 1997
2. BCO Ordinance
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Planning Commission Meeting - December 3, 1997
33. "No parking" fire lane signs and yellow curbing shall be provided. Contact the Chanhassen
Fire Marshal for exact locations of signage and painted curbing. Pursuant to Chanhassen Fire
Department/Fire Prevention Policy #06-1991. Copy enclosed.
34. Fire apparatus access roads shall be provided for every facility, building or portion of a
building hereafter constructed or moved into or within jurisdiction when any portion of the
facility, or any portion of an exterior wall of the first story of the building, is located more
than 150 feet from apparatus access as measured by an approved route around the exterior of
the building or facility. Exception:
When buildings are completely protected with an approved automatic sprinkler system
the provisions of this section may be modified by the Chief.
When access roads cannot be installed due to topography, waterways, non negotiable
grades or other similar conditions, the Chief is authorized to require additional fire
protection as specified in Section 10.50 I (b). Note: As building plans become available
we will review the plan to determine if standpipes are required in any portion of the
building due to the fact that we cannot achieve 150 foot access of all portions of the
building."
All voted in favor and the motion carried.
PUBLIC HEARING: BLUFF CREEK OVERLAY DISTRICT.
Public Present:
Name Address
Mark Koegler
Kurt Papke
Skip Cook
HKGI, 123 No. 3rd Street, Mpls.
1131 Homestead Lane
Eden Prairie
Kate Aanenson presented the staff report on this item.
Mark Koegler: Thanks Kate. Good evening Mr. Chairman, members of the Commission. I'd
like to provide a brief summary of the ordinance. The specific items that are within that and
then.. . obviously answer any questions that you might have. This ordinance is, as Kate indicated,
is a follow-up implementation tool, or one of the implementation tools of the Bluff Creek
management plan itself. The ordinance will actually amend both the portions of the zoning
ordinance and subdivision ordinance and will create what we're calling the Bluff Creek Overlay
District. The ordinance as you look through it, first of all begins to define some definitions that
currently are not part of city code. Things like clustered development, ecosystem, natural habitat
area. The two I want to focus on were a couple of terms that were bantered around in the first
discussion item you had this evening. That's primary zone and secondary zone. From the
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Planning Commission Meeting - December 3, 1997
ordinance it states that the primary zone is the buffer zone that directly impacts Bluff Creek
and/or it's tributaries. The primary zone which is generally delineated in the Bluff Creek
Watershed Management Plan is intended to be preserved as permanent open space. The
secondary zone means a buffer zone that contains habitat areas that are valuable to the delicate
balance of the Bluff Creek ecosystem. Secondary zone is generally delineated in the
management plan. Is subject to development limitations in order to minimize the impact of new
development on the primary zone. Both of those terms, and essentially those definitions as really
does much of the body of this ordinance, come from the management plan that preceded it. On
the exhibit that's on the table, if you look this darker green color, that comes and meanders, kind
of follows the center line. ..primary area. More of a grayish tone that you can see that's adjacent
to that in the secondary area that's more of a light color... area within the watershed itself and
not designated as either primary or secondary. Primary for example is the center line...
Secondary in this... It is delineated, albeit somewhat hard to see on this exhibit but it is clearly
delineated as part of the management plan itself. The ordinance, as in typical ordinance fashion,
does contain a purpose statement and intent statement. I want to refer to those briefly and I'll
stick those on the overhead... The purpose really revolves around a number of premises, virtually
all of which again are taken from the management plan itself to protect the Bluff Creek corridor,
the wetlands and so forth to encourage development patterns that allows people and nature to
mix in the ecosystem that's present along the creek and it's tributaries. To promote innovative
development techniques such as cluster development and open space subdivisions. To foster the
creation of a greenway connecting Lake Minnewashta Regional Park and Minnesota River
Valley. Encourage cost effective site development and then to implement the policies and
recommendations that are found in the plan. And for sake of not having to spit out that long title
each time, I'll refer to it as the plan and that's the watershed plan itself. The urban draft also
contains.. . supported by criteria by which development can be judged. Development within the
district should blend into the natural environment while protecting Bluff Creek and sensitive land
areas abutting and in the vicinity of the water course and it's tributaries. Criteria that is
essentially supportive of that, you would look at developments to determine whether first of all
they're consistent with the provisions of the comprehensive plan, and the plan is included within
that. Preservation of natural conditions found in the primary zone and to the greatest extent
possible preserving resources within the secondary zone. Looking at developments to determine
if there's a balance between the arrangement of open space, landscaping, views, some of the
other features such as bluff protection and vegetation. Then finally creation of an interconnected
open space network. Again this corridor is looked at and very strongly stated in the management
plan that it fulfills a variety of functions, both in terms of it's natural habitat for wildlife, but also
as a resource that really meanders through this community from north to south providing
potentially a trail linkage and educational resource as well within the community at large. So
those are some of the kinds of statements that are being looked at as part of the intent behind this
ordinance and what the purpose of the ordinance actually is. The ordinance itself, much like the
city's Highway 5 ordinance will be an overlay ordinance. It will work with the existing zoning
and really fit over the top of that and put on another layer of criteria if you will. More on the
nitty gritty basis of how it works. When an applicant comes in with a project, as a part of either a
zoning or a subdivision request that will come before you and the City Council, they will be
required first of all to reference the City's maps which identify these zones. Those maps, as you
talked about in your previous case, potentially can be modified from time to time, either based on
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Planning Commission Meeting - December 3, 1997
staff resources that are available or based on resources that an applicant might bring to bear as
part of the application process. What's required essentially is the developer will propose a plan
that if you will, will kind of ignore the primary and secondary first, in order to define a threshold
of kind of quote, unquote, normal development. Development that would include areas of the
primary and secondary but not include those other areas that are already not permitted in the plan
such as wetlands for example. That would formulate either a base density in residential or a base
impervious cover level in a commercial industrial development that then could be clustered on
other portions of the site. So the central premise ofthis ordinance is not to prohibit development
but I think was stated earlier, to channel development into areas that are outside of the significant
resources that make the Bluff Creek corridor unique as it is. So a quick word there on how it
works and it's in that fashion. Boundaries maps then would be maintained by the City.
Essentially the maps that have been developed to date and as I indicated, could be modified with
more specific resource information and more on site information. I think the appropriate analogy
there as you look at the NWI maps on wetlands you get one configuration but when you actually
do the field research, typically you'll have a better delineated boundary and that kind of thing
could happen here as well. There are portions of the ordinance that deal with impervious cover.
It makes reference to the City's Best Management Practices Handbook with regard to some of the
erosion control measures and other things that are a part of that. Sight views are referenced in
the ordinance. There is an attempt, at least language that seeks to preserve sight views, not only
from a site but through a site in some cases, allowing more public access, at least in a visual
sense to the Bluff Creek corridor itself. One of the central portions of this ordinance deals with
density clustering, and in essence what we're looking at there is will borrow from a current
resources... but typically a subdivision might look like this in a very generic sense.. .lots that are
larger lots. Simply referring those resources that are either undevelopable or.. .as wetlands are
today. The approach of clustering then becomes one of taking that same number of units, or in
essence that same density, and clustering that into what may be smaller lots in this particular
example, on an individuaL.. but preserving a vastly larger amount of open space and in this case
Bluff Creek corridor that would be adjacent to it. So that kind of helps I think focus perhaps on
the premise behind this ordinance. Again, it's shifting the focus of the development shifting the
density if you will from out of the sensitive areas to areas that lie adjacent to them. Other
features of the ordinance itself deal with natural habitat preservation. Within the primary zone
essentially the ordinance is consistent with the plan recommendations, seeks to preserve that as
open space. Entirely 100% open space. Development can occur within the secondary portion
and certainly the portions of the site that are not within either of those. There are some structural
setbacks that are referenced as part of the ordinance as well. It's consistent with the wetland
portion of the city's code and it looks at a 40 foot setback for structure from the edge of the
delineated edge of that primary zone. In summary I just want to refer to one more example, if I
may very quickly. We did, as the Planning Commission is aware, periodically do some kind of
spot checks on some of the properties. It's not meant to be a comprehensive look at every
property within the corridor but a representative sample to see, and... for us to assess what
problems may occur. An example of that, which is more real...is the Erhart's property across TH
101 in the area of Bandimere Park. TH 101... would run right up along this portion of the site.
This is the traditional layout which.. .just quickly concept form so it's not 100% accurate but it's
very close in that it preserves the wetlands and it shows right-of-way.. . standards. That particular
plan.. .but it ends up with that density of about 2.04 units per acre.. .could be a little bit higher...
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Planning Commission Meeting - December 3, 1997
do a comparison here. The comparison being if the Bluff Creek ordinance for the size of this
property. ..shaded area, is off on this side of the site, that is the area.. .primary and dashed lines
and the secondary the more gray area. You can see the impact. It's a fairly significant portion of
this property. What that would mean in one alternative in this particular case would be to still
develop this in a single family lot pattern but to do so on smaller lots preserving open space both
in it's bulk form along the corridor as well as some islands, some little greenways that might be
associated with the development itself. Through the provisions of the City's PUD ordinance
there would be other development options that would be possible here also. For example
townhouses could occupy a portion of this site. Thereby obviously freeing up potentially even
more open space or permitting a mix with single family lots that were of a larger size. These
particular lots I think average about 11,000 square feet. The previous example I believe the lots
averaged, what was it? About 20-21,000 square feet. The density incidentally that is shown here
is very much consistent with the tabulation that staff maintains of recent development projects,
recent within at least the last 5 years or so. On sites with similar physical characteristics to which
you'd find throughout most of the Bluff Creek corridor. Mr. Chairman with that, that's a
summary of the ordinance and at least a taste of how it is to be applied. I and staff would
certainly respond to questions you might have.
Joyce: Any questions for Mark or staff?
Brooks: I had a quick question for Mark. You had talked about strengthening the ordinance so it
clarifies the industrial areas. I didn't see that or did we decide not to do that?
Mark Koegler: Well we have looked at that and talked about that and I think ifthat's still a
concern of the commission we can certainly look at probably putting a couple of words in here or
there. I guess what we looked at more was how the mechanics of it worked and did it still
support the industrial properties as well as the residential. I think we're satisfied that it does do
that. But if you'd like to earmark perhaps a little more closely, you had the word commercial
industrial in there, we certainly can do that. We haven't made that change.
Joyce: Where exactly are you looking at that you'd like to?
Brooks: Just in general I guess.
Joyce: In general.
Brooks: .. .didn't feel that there was anything specifically for...it was more geared to residential.
Mark Koegler: We actually could begin that, almost even in the intent portion in making it
clear... to really apply to all types ofland use as envisioned in the city's future land use plan for
this area, including commercial, industrial and residential.
Brooks: That would make me a little more comfortable. I do feel that we have some of those
types of, those areas and... within the Bluff Creek area as Alison talked about.
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Planning Commission Meeting - December 3, 1997
Joyce: Where, Mark where, are we at the intent, right at the beginning of the intent section?
Mark Koegler: Yes. One potential option would be to add that as part of Section 20-1461 as
another intent statement, which would be item f.
Brooks: I'm sorry, what was that Section 20?
Mark Koegler: It's on page 4. Starting with line 15. That could become an item fas a part of
that section and we could certainly craft verbiage that would reflect the application of the
ordinance to all of the land uses envisioned within the corridor.
Joyce: All land.
Brooks: I don't know how the rest of you feel but it would make a little more... I have thought
itout...
Joyce: You don't think it's redundant at all do you Mark?
Mark Koegler: No, I don't think it's redundant and Kate just pointed out another good idea.
That we try to make this at least somewhat graphic in it's orientation and perhaps there's a
graphic that we can put in there as well to help relay.
Brooks: That would be wonderfuL..
Mark Koegler: Very quickly, very visually that applies to both.
Brooks: Yeah, I think that would be a very, very good idea.
Mark Koegler: We drafted a section f there, all land uses envisioned in the corridor including
commercial industrial.
Kate Aanenson: According to the underlying land... We can just list all the...
Brooks: I think we should just specifically say though...and I think the idea of having a visual
graphic geared towards industrial and commercial would be very, very useful. Ijust don't want
any developers coming in...
Joyce: No, it's a good suggestion. Thanks. Anybodyelse? Okay. I guess I'll open this up for a
public hearing. If you're jnterested in speaking on this topic, please step to the podium and state
your name and address. Be happy to listen to your comments. Anybody interested in
discussing the Bluff Creek overlay district. Thank you.
Skip Cook: My name is Skip Cook. I just had a quick question for you. A question on the
setback on commercial. Is that going to be broken up from residential? The setback from Bluff
Creek.. .
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Planning Commission Meeting - December 3, 1997
Aanenson: No. It would. ..primary zone...
Skip Cook: What could you...
Aanenson: Outside the primary zone... that property...
Skip Cook: So that would have no use?
Aanenson: Well that's one that we'd have to look at because.
Joyce: Skip has the garden, what property are you talking about?
Aanenson: He has that piece and he has a piece across the street. The garden center has property
outside the primary zone but the hotel is right. . .
Skip Cook: If you went 300 feet back from the property line, you'd encompass most of it.
Aanenson: That one we'd have to look specifically when it comes in because he does have
limitations.. .
Skip Cook: Yeah and then you push to the other side and then property setbacks.
Aanenson: ... would probably have to... but it is a lot of record... but there's not a different, the
defining factor is where the primary. . .
Skip Cook: I had another question.. . concerning any of mine at this point but the example of the
one property you gave. When you reduced the actual buildable area for those people on that
acreage, aren't you actually in essence reducing the value of that property for those people? The
amount of land that they can develop if they plan to put in so many houses, the example was
given 11,000 square feet...20,000 square feet.
Aanenson: That's the lot size.
Skip Cook: Yeah. But the value of a 20,000 square foot lot is possibly worth more than 11,000
square foot lot or you could put more in on that property.
Joyce: Get two houses in.
Skip Cook: Yeah, just curious. I mean you're reducing... value of the land.
Aanenson: But you're also reducing your cost to put in streets...
Blackowiak: Kate can I add something? I would hope that there would be a trade off in terms of
increased value because of the creek.
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Planning Commission Meeting - December 3, 1997
Skip Cook: I had thought of that too, to a point.
Blackowiak: So although you may be reducing a lot size, I would hope. I mean it might not be
dollar for dollar but I would hope that there would be some appreciation in value.
Skip Cook: ... take in-between though with the amount of, you know we can have a whole bunch
of open space too and.
Brooks: Ijust want to say I agree with Alison on that one... I think that's a lot of the reason
people come out to Chanhassen... they're looking for a sort of a rural, country atmosphere and if
you keep something like Bluff Creek and cluster your houses to get that open space, it makes the
land much more...
Joyce: Thank you. Anybody else like to address the Planning Commission on this topic?
Seeing none, I'll close the public hearing. Are there any comments in regards to the ordinance?
Allyson?
Brooks: No, just the ones I had about the industrial.
Joyce: Okay.
Blackowiak: No comments.
Sidney: None at this point.
Joyce: Great job. Thank you very much Mark for putting this together. You certainly put a lot
of effort into it and we've had it a few times in front of us and tweaked it a little bit and I think it
could work pretty well. We need to make a motion though correct? Can I get a motion for
putting this ordinance.
Blackowiak: Well I'll make a motion that the Planning Commission approve the adoption of the,
we don't have a number of course. The Bluff Creek ordinance, Draft #4 adding in Section 20-
1461, letter f. Verbiage to the effect of application of the ordinance to all land, etc. Plus some
sort of graphic.. . industrial sites and that was it.
Joyce: Does that work?
Aanenson: Yep.
Joyce: Okay. Do I have a second?
Brooks: Yes.
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Planning Commission Meeting - December 3, 1997
Blackowiak moved, Brooks seconded that the Planning Commission recommends approval
of the Bluff Creek Overlay District ordinance, Draft #4, amending Section 20-1461, adding
item (f) to include this ordinance to all land uses, including industrial and commercial, with
accompanying graphics. All voted in favor and the motion carried.
Conrad: Chairman, one comment to staff. Will this change to the PUD ordinance as a result of
this?
Generous: Yes.
Conrad: When will that come forward?
Generous. . .
CHANHASSEN HISTORICAL DISTRICT-DISCUSSION.
Public Present:
Name Address
Kathy & Jacqueline Schroeder
Vemelle Clayton
7720 Frontier Trail
Kate Aanenson presented the staff report on this item.
Joyce: Looking at the comments made by City Council, is there a little bit of urgency involved in
this or do you feel the urgency? I guess the reason I'm asking is that, I feel this is a really
important area, obviously and something we really should kind of digest and getting this right
now, it might be better for us to think about it.
Brooks: I have a lot of comments.
Aanenson: The urgency is that, I don't see the urgency.
Joyce: I guess I'm asking, can we bring this back at our next Planning Commission?
Aanenson: Oh yeah. If you want to spend a month on it, that's fine. .. .back to the Council
what issues you have and what. . . working on.
Joyce: I'm happy to let anyone make any comments they'd like but I'm just saying that I'm
definitely going to suggest, let's bring this back and...
Brooks: .. .that I think are really. First of all.. .and I have real, maybe because I'm in Historic
Preservation. I have real difficulties with calling something historicaL.. What we're trying to do
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING AND
SUBDIVISION ORDINANCES, ESTABLISHING THE BLUFF CREEK
OVERLA Y DISTRICT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 18-40 (2) of the Chanhassen City Code is amended by adding
subparagraph k. to read:
k.
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 the Chanhassen City
Code including lands lying in the Primary and Secondary Zone.
Calculation of allowable density shall specifically exclude lands
classified as bluffs, flood plains and designated wetlands.
Calculation of allowable impervious cover may include bluffs and
flood plains but shall specifically exclude designated wetlands.
SECTION 2. Section 18-64 of the Chanhassen City Code is amended by adding the a
paragraph to read:
Within the BCO District, meet the additional purpose, intent and standards of the BCO
District.
SECTION 3. Section 20-1 of the Chanhassen City Code is amended by adding the
following definitions:
Cluster Develooment means a pattern of development that arranges the layout of
buildings on a compact area of the site so as to reserve a portion of the site for common
open space or green space that is protected in perpetuity.
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Ecosvstem means a community of interacting animals, plants and microorganisms and the
physical and chemical environment in which they live.
Natural Habitat Area means an area that is characterized by being primarily in a natural
state, with only minor evidence of disturbance from modem human activity. Natural
habitat areas may include forests, wetlands, or endangered or threatened species habitat.
Primary Zone means the buffer zone that directly impacts Bluff Creek and/or its
tributaries. The primary zone, which is generally delineated in the Bluff Creek Watershed
Natural Resources Management Plan, is intended to be preserved as permanent open
space. (Map to be added)
Secondary Zone means the buffer zone that contains habitat areas that are valuable to the
delicate balance of the Bluff Creek ecosystem. The secondary zone, which is generally
delineated in the Bluff Creek Watershed Natural Resources Management Plan, is subject
to development limitations in order to minimize the impact of new development on the
Primary Zone. (Map to be added)
SECTION 4. Section 20-201 of the Chanhassen Code is amended by adding the
following special district:
BCO, Bluff Creek Overlay District
SECTION 5. Section 20-106 of the Chanhassen City Code is amended by adding
subparagraph (7) to read:
(7) Within the BCO district, meet the additional purpose, intent and standards of the
BCO district.
SECTION 6. Section 20-109 of the Chanhassen City Code is amended by adding
subparagraph (7) to read:
(7) Within the BCO district, the application shall also include:
A. Identified boundaries of the Primary Zone and Secondary Zone on a
drawing depicting existing conditions and on a site plan depicting the
proposed development pattern.
B. Calculations and/or drawings that identify the allowable density (number
of units or building coverage) under the Chanhassen City Code including
lands lying in the Primary and Secondary Zone. Calculation of allowable
density shall specifically exclude lands classified as bluffs, flood plains
and designated wetlands. Calculation of allowable impervious cover may
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include bluffs and flood plains but shall specifically exclude designated
wetlands.
SECTION 7. Section 20-110 of the Chanhassen City Code is amended by adding
subparagraph (8) to read:
(8) Within the BCO district, consistency with the purpose, intent and standards of the
BCO district.
SECTION 8. Chapter 20 of the Chanhassen City Code is amended by adding ArtiCle
XXXI to read:
ARTICLE XXXI. BLUFF CREEK OVERLAY DISTRICT
DIVISION 1, BCO DISTRICT
Section 20 - 1460
Purpose.
The Bluff Creek Watershed Area and the development within it have a major influence
on environmental quality in the City and the region. Development within the corridor must be
designed with utmost sensitivity to the environment and the development pattern must be of a
quantity and quality other than what might occur in the absence of specific standards. The
purpose of the District is to:
(a) Protect the Bluff Creek corridor, wetlands, bluffs, and significant stands of mature trees
through the use of careful site design, protective covenants, sensitive alignment and design of
roadways and utilities, incorporation of natural features, landscaping, techniques outlined in the
City's Surface Water Management Plan, and the practices delineated in the City's Best
Management Practices Handbook.
(b) Encourage a development pattern that allows people and nature to mix spanning
multiple ecosystems. Development in the corridor should be ecologically designed and built
around natural features such as trees, wetlands, and bluffs. Significant natural features should
impact development rather than development impacting significant natural features. The natural
qualities of the corridor should be preserved to ensure sufficient habitat area for wildlife.
(c) Promote innovative development techniques such as cluster development and open
space subdivisions to measurably reduce the amount of impervious cover compared to traditional
development practices resulting in significant portions of a site being retained as permanent,
protected open space.
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(d) Foster the creation ofa greenway connecting Lake Minnewashta Regional Park and
the Minnesota River Valley. The greenway will serve as an uninterrupted pedestrian trail,
bikeway system, and wildlife corridor affording opportunities for recreation, education, physical
fitness and transportation.
(e) Encourage cost effective site development. Open space design practices can reduce
infrastructure engineering and construction costs because of lot configurations, shortened streets,
and reduced utility runs Long term cost savings can also be realized by the City of Chanhassen
associated with infrastructure maintenance costs.
(f) Implement the policies and recommendations found in the Bluff Creek Watershed
Natural Resources Management Plan. The terms, definitions and appendicies found in the
Management Plan are incorporated herein.
Sec. 20 - 1461
Intent.
The City intends that all development within the district including commercial, industrial and
residential uses should blend into the natural environment while protecting Bluff Creek and
sensitive land areas abutting and in the vicinity of the watercourse and its tributaries. The criteria
by which new development in the district shall be judged are as follows:
(a) Consistency with all provisions of the Comprehensive Plan which includes the Bluff
Creek Watershed Natural Resources Management Plan, as amended from time to time; the
Surface Water Management Plan; all provisions of the Zoning Ordinance and Subdivision
Ordinance not specifically overridden by the provisions of this district; and all other applicable
land use regulations.
(b) Preservation of the natural conditions found in the Primary Zone and to the greatest
extent possible, preserving significant resources and minimizing impacts in the Secondary Zone
through cluster development and other practices which minimize the removal of vegetation,
minimize site grading, and application of practices found in the City's Best Management
Practices Handbook.
(c) Creation of a suitable balance between the amount and arrangement of open space,
landscaping, view protection, bluff protection, and vegetation protection and the design and
function of man-made features.
(d) Creation of an interconnected open space network that preserves migratory patterns for
wildlife.
(e) Creation of an interconnected open space network that provides recreational and
educational opportunities for people.
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Sec. 20 - 1462
District Application.
The BCO district shall be applied or superimposed (overlaid) upon all zoning districts as
contained herein as existing or amended by the text and map of this ordinance. The regulations
and requirements imposed by the BCO district shall be in addition to those established for
districts which jointly apply. Under the joint application of the districts, the more restrictive
requirements shall apply.
Section 20- I 463
Conditional Use Permits.
A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior
to the erection or alteration of any building or land within the BCO.
Sec. 20 - 1464
Boundary Delineation.
(a) Generally. Primary and Secondary Zones shall be subject to the requirements established
herein, as well as restrictions and requirements established by other applicable city ordinances
and regulations. The Bluff Creek Watershed regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the overlay district applies.
(b) Boundaries,' maps. The Primary and Secondary zones include land that is generally
defined in this article and in the Bluff Creek Watershed Natural Resources Management Plan.
Boundaries as established by officially adopted city maps shall be prima facie evidence of the
location and type of watershed zone. The official maps shall be developed and maintained by the
planning department. The applicant shall provide appropriate technical information, including
but not limited to, a topographical survey, flora and fauna survey and soil data deemed necessary
for the city to determine the exact watershed zone boundary. The planning director shall make a
determination to maintain the officially designated watershed zone boundary or if the boundaries
need to be corrected on city plans and maps based upon the data that is supplied. Data for
watershed zone delineation shall be generated and provided by a qualified professional
specializing in watershed management, environmental science or other related profession. The
applicant may appeal the planning director's determination of the watershed zone boundary and
type to the city council.
Sec. 20 - 1465
Impervious Cover and Slopes.
To the greatest extent possible, all development shall minimize the amount of impervious
surface by clustering development, using common access drives and utility corridors and
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 run-off caused by impervious cover
shall be designed using practices delineated in the city's Best Management Practices Handbook.
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Within the Secondary Zone of the BCG district, areas with average slopes exceeding 25%
shall be preserved in their natural state and maintained as permanent open space. Areas with
average slopes less than 25% but greater than 10% shall not exceed an impervious surface
coverage of 25%. Impervious coverage for areas where average slopes are less than 10% shall be
governed by the underlying zoning district.
Sec. 20 - 1466
Bluffs.
Bluffs shall be preserved as provided for under Article XXVIII.
Sec. 20 - 1467
Site Views.
Through environmentally sensitive design such as "terrain adaptive architecture"(see Figure
1.), landscaping and site planning, site views both to and from the BCW district shall be
preserved and enhanced to the greatest extent possible so as to maintain views that reflect and
protect the natural beauty of the BCG District. Special attention should be given to views that
are highly accessible to the public such as scenic overlooks, ridges and trails. Clustering of
development away from natural overlooks is encouraged.
Develop terrain-adaptive
architecture for steep slopes.
'On steeply sloping sites, the
propsed building should step
down the hillside.
Side garage
access requires less
site disturbance.
Terrain-Adaptive Architecture
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Figure 1. "Published in AP A PAS Report #466"
Sec. 20 - 1468
Density Clustering.
Density clustering shall be allowed as a tool to facilitate cluster development within the
Bluff Creek corridor. Density clustering may be used in areas where portions of the site are
unsuitable for development because of the location of the Primary Corridor. Density clustering
shall not be allowed for areas that are otherwise considered unbuildable due to wetlands, lakes
and other areas not suitable for building purposes.
In areas where density clustering is applicable, density may be transferred to unconstrained parts
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of the site within land included in the Secondary Corridor, subject to the restrictions of this
ordinance, and within land lying outside of identified corridor areas. Additionally, the following
conditions may qualify for density clustering:
a) Land slopes in the Secondary Zone that exceed 25% on average.
b) Land in the Secondary Zone containing stands of native trees.
c) Land with suitable natural habitat to endangered or threatened species or a fragile
ecosystem.
Traditional Development Pattern "Designing Open Space Subdivisions. Randall Arendt"
Cluster Development "Designing Open Space Subdivisions. Randall Arendt"
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Industrial Cluster Development
Sec. 20 - 1469
Standards and Guidelines for Single~Family Attached or Cluster-Home
PUDs.
Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed
on sites designed for low, medium or high density residential uses by the City of Chanhassen
Comprehensive Plan.
Sec. 20 - 1470
Natural Habitat Preservation.
a) Natural habitat areas within the Primary Zone shall be preserved as permanent open
space. Any development that occurs shall be directly related to the continuous greenway along
the creek from the Minnesota River to Lake Minnewashta as outlined in the Bluff Creek
Watershed Natural Resources Management Plan.
b) Where possible, any disturbances of natural habitat areas within the Secondary Zone shall
be avoided. Any alterations to the natural habitat within the Secondary Zone shall adhere to the
practices delineated in the city's Best Management Practices Handbook.
Sec. 20 - 1471
Natural Habitat Restoration Plan
If natural habitat areas located within the Secondary Zone will be disturbed during any stage
of development, the applicant shall submit a detailed plan identifying the resources that will be
disturbed and a corresponding restoration and/or mitigation plan. Such restoration might include
wetland mitigation and replanting of habitat significant to endangered and threatened species.
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Sec. 20 - 1472
Open Space Requirements.
Open space shall comprise 100% of the area located within the Primary Zone. The City will
establish the boundary for the Primary Zone using data provided by the applicant.
Sec. 20 - 1473
Structure Setbacks.
All structures shall be setback a minimum of 40 feet from the Primary Zone. No disturbance
of the site shall occur within the first 20 feet of such setback.
SECTION 9. The boundaries of the district established by this chapter are delineated on the
zoning map; the map and all notations, references, and date shown thereon are hereby adopted
and made part of this chapter and will be on permanent file for public inspection at the
Chanhassen City Hall.
SECTION 10. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED on this _ day of January, 1998, by the City Council of the
City of Chanhassen.
ATTEST:
Don Ashworth, City Manager
Nancy Mancino, Mayor
(Published in the Chanhassen Villager on
)
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