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2d Amendment to Chapter 20 Zoning CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us ~d..- liAj[' MEMORANDUM TO: Todd Gerhardt, City Manger FROM: Bob Generous, Senior Planner ~ ~ January 9,2006 DATE: SUBJ: Adoption of Ordinance, Chapter 20,Chanhassen City Code, Zoning ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment. BACKGROUND Over the past year and a half, staff has been overall inte is to try to make the code easier to addressing The Planning the proposed to approve the item la of the ATTACHME 1. Planning The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks A great place to live, work, and play. CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952..227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.2.27.1110 Web Site www.ci.chanhassen.mn.us w MEMORANDUM TO: ~ Planning Commission FROM: Bob Generous, Senior Planner DATE: December 6, 2005 SUBJ: Amendments'to Chapter 20 of the Chanhassen City Code, Zoning BACKGROUND The Planning Commission has review responsibility for Chapter 20. On November 1, 2005, staff reviewed the proposed changes to the Zoning ordinance. DISCUSSION Issue: Proliferation of after-the-fact variances and Z . g Compliance Reviews. Sec. 20-91. Zoning compliance review. Zoning Com building pe marked incre resulting in t removal of th t does not require a erienced a structures al Staff feels the ni importance of c project. The 0'" zoning complian created. An info in the winter issue zoning complia being discus Impro the city to Reviewrequi Compliance Re universally kno If the title is change . '. sidewalks and driveways to re Recommendations: Amend e title to "Zoning Permit" The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Planning Commission City Code Amendment, Chapter 20-Zoning December 6, 2005 Page 2 Issue: Incorrect ordinary high water elevation. Recommendation: Amend Section 20-479 (c) (1) change the OHW for Lake Harrison to 993.6. . Issue: Ordinance Section 20-517 (c) (4) requires a 4/5th vote for concept plan approval, yet concept approval does not provide standing. Recommendations: Amend section 20-517 (c) (4) to require a simple majority vote for concept plan approval except in cases requiring comprehensive plan amendments which shall require a 4/5th vote. Issue: We have encountered some narrow lots that may not be able to accommodate a house with a three-car garage. The City Code defines Lot Frontage as the lot width measured at the front lot line. In a Residential Single Family District, the minimum lot frontage required by ordinance is 90 feet, except lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be 90 feet in width at the building setback line. Recommendation: Staff is proposing that we delete the exception along the outside curve of curvilinear streets. Alternatively, staff looked at specifying that the curvilinear streets have a maximum radius of 350 feet to qualify for measuring the frontage at the. front setback. However, that option appears overly complicated. Amend section 20-615 (2) to delete the exception along the outside curve of curvilinear streets. Issue: Staff is concerned that setbacks from gas pipelines be adequate to provide protection for buildings in the case of emergencies. Recommendation: Staff is recommending adding section 20-908 (7) so that no buildings are located within a gas pipeline easement, nor within 20 feet of any gas pipeline easement. Staff looked at a model ordinance prepared by the Municipal Research & Services Center of Washington, which recommended a50-foot easement setback. This required 50-foot setback would make all the homes that I investigated adjacent to the Williams pipeline easements on Summerfield Drive, Valley Ridge Place and Valley Ridge Trail non-conforming (setbacks from the easement ranged from 12 feet to 46 feet). Alternately, we discussed requiring a 50-foot setback from the pipeline itself. However, there was insufficient information to determine if this could be accomplished without creating nonconforming structures. Additionally, we were concerned that the pipeline companies could come in later, add a pipeline within their easement and potentially create additional non-conformities. Finally, staffis proposing a compromise that , would require a 20-foot setback from the easement. This 20-foot setback permits excavation for the pipeline even if the pipeline is located at the edge of the easement. Of the properties investigated, two would become nonconforming. This proposal is also consistent with the Williams pipeline easement document requirement that is in place on the Schutrop Builders (formerly Klein) property for the Bluff Creek Twinhomes. Issue: Driveways. Clarify language. Current code: "Driveways shall be setback at least five feet from the side property lines, beginning at 20 feet from the front yard setback unless an Planning Commission City Code Amendment, Chapter 20-Zoning December 6, 2005 Page 3 encroachment agreement is received from the city". This language is ambiguous. Staff supports the separation of driveways to permit snow storage. Recommendation. Proposed language: Driveways shall be setback at least 10 feet from the side property lines. Beginning 20 feet from the front property line, driveways may be setback a minimum of five feet from the side property line. Encroachment into a side yard drainage and utility easement must be reviewed and approved by the city and may require approval of an encroachment agreement. Issue: Signage is problematic for tenants within a multi-tenant building which do not have unit frontage on public streets. Recommendation: Staff is proposing the sign ordinance be amended as follows: (2) Wall business signs. One wall business sign shall be permitted on the street frontage for each business occupant within a building. In multi-tenant buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade if...the following apply: consistent with the approved comprehensive sign plan. a. The entrance is afl individual unit entrance and not a common hallv,'ay, b. The entrance is Hot aH emergency exit or "exit only" for tHe uHit. The sign may contain the Dame and logo of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. The total of all wall-mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage Wall Area Total Square Footage of Wall Area in Square Feet of Signs 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201--4,500 230 3% 4,500+ 240 Planning Commission City Code Amendment, Chapter 20-Zoning December 6, 2005 Page 4 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends approval of the attached ordinance amending Chapter 20, Zoning, of the Chanhassen City Code." ATTACHMENTS 1. Ordinance Amending Chapter 20, Zoning, of the Chanhassen City Code g:\plan\bg\city code\pc memo 2005 zoning. doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20, ZONING CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-91 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Zoning Permit (a) Zoning permit shall be required for the construction of structures which do not require building permits to determine compliance with zoning requirements such as setback, site coverage, structure height, etc.: . Agricultural buildings. . Decks less than 30 inches above the ground and not attached to the principal structure. . Permanent fences less than six feet in height. . One-story detached accessory structures,used as tool or storage sheds, playhouses, and similar uses, less than 120 square feet in building area. . Sport courts. (b) Any zoning permit application that fails to meet zoning ordinance requirements shall be denied by the community development director. Section 2. Section 20-479 (c)(l) of the City Code, City of Chanhassen,Minnesota, is hereby amended to change the OHW for Lake Harrison to read as follows: IHarrison 11O-8W 1993.6 Section 3. Section 20-517 (c) (4) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Following the receipt of the report and recommendations from the planning commission, the city council shall consider the proposal. If the planning commission fails to make a report within 60 days after receipt of the application, then the city council may proceed without the report. The council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a simple majority vote of city council, 1 except for proposals requiring comprehehsiveplan changes which shall require a four- fifths vote of the entire city council. Section 4. Section 20-615 (2) ofthe City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 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. Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-908 (7), which shall read as follows: Buildings shall not encroach in to any gas transmission pipeline easement. Additionally, all buildings shall maintain a minimum 20 foot setback from the gas transmission pipeline easement. Section 6. Section 20-1122 (a) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Driveways shall be setback at least 10 feet from the side property lines. Beginning 20 feet from the front property line, driveways may be setback a minimum of five feet from the side property line. Encroachment in to a side yard drainage and utility easement must be reviewed and approved by the city and may require an encroachment agreement. Section 7. Section 20-1302 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (2) Wall business signs. One wall business sign shall be permitted on the street frontage for each business occupant within a building. In multi-tenant buildings where . individual entrances do not front on a public street, a wall sign may be permitted on the entrance fa~ade consistent with the approved comprehensive sign plan. 2 The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. W all business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. The total of all wall mounted sign display areas for each business shall not exceed.the square footage established in the following table: Maximum Percentage Wall Area T?ta1 Square Footage of WaIl Area in Square Feet of Signs 15% 0--600 90 13% 601--1,200 156 11% 1,201-1,800 198 9% 1.801--2,400 216 7% 2.401--3,200 224 5% 3,201--4,500 230 3% 4,500+ 240 Section 8. Section 20-1303 (3) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (3) Wall business signs. One wall business sign shall be permitted on the street frontage for each business occupant within a building. In multi-tenant buildings where individual entrances do not front on a public street, a wall sign may be permitted onthe entrance fa<;ade consistent with the approved comprehensive sign plan. The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not he mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage Wall Area, Total Square Footage of WaIl Area in Square Feet of Signs 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201--4,500 230 3% 4,500+ 240 Section 9. Section 20-1304 (3) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 3 (2) Wall business signs. One wall business sign shall be permitted on the street frontage for each business occupant within a building. In multi-tenant buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance fac;ade consistent with the approved comprehensive sign plan. The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: Maximum Percentage Wall Area Total Square Footage of Wall Area in Square Feet of Signs . 15% 0--600 90 13% 601--1,200 156 11% 1,201--1,800 198 9% 1,801--2,400 216 7% 2,401--3,200 224 5% 3,201--4,500 230 3% 4,500+ 240 Section 10. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota , 2006, by the Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\bg\city code\amendment ordinance 2005 zoning.doc 4