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1k Ordinance Amendments to Chapters 18 & 20 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 Sile www.ci.chanhassen.mn.us it- - -- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Robert Generous, Senior Planner O~ June 26, 2006 DATE: SUBJ: Adoption of Ordinance, Chapters 18 and 20 Chanhassen City Code, Subdivisions and Zoning; Approval of Summary Ordinance for Publication Purposes for Chapter 20 ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment; however, a 4/5ths vote is required for approval of the summary ordinance for publication purposes. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on June 6, 2006, to review the proposed changes to the code. The Planning Commission voted unanimously (5-0) to recommend approval of the amendments with some minor modifications to clarify the ordinance. The Planning Commission minutes are item la of the June 26, 2006, City Council packet. The one issue the Planning Commission held dealt with the electronic message center signs. Staff has continued to research this issue to determine if additional standards regulating these signs should be included. At this time, we are removing this section of the ordinance for further review and will bring any ordinance amendment regarding such signs separately. The attached ordinance deletes that section of the ordinance for further review. SUMMARY Staff believes that these changes further clarify the ordinance as well as address issues that have been occurring as part of development review and is recommending approval of the amendment. RECOMMENDA TION Staff is recommending that the City Council adopt the attached ordinances for Chapters 18 and 20 of the Chanhassen City Code; and approve the summary ordinance for publication purposes for Chapter 20. 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. Mr. Todd Gerhardt June 26, 2006 Amendment Chapters 18 and 20 Page 2 ATTACHMENT 1. Ordinance Amending Chapter 18, Subdivisions, Chanhassen City Code. 2. Ordinance Amending Chapter 20, Zoning, Chanhassen City Code. 3. Summary Ordinance for Chapter 20, Zoning, Chanhassen City Code. 4. Planning Commission Memorandum dated June 6, 2006. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISIONS CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 18-40 (4) d of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A proposed grading plan shown at contour intervals appropriate to the topography or spot elevations indicating the relationship of proposed changes to existing topography and remaining features. (1) All proposed retaining walls must be shown on the plan. The top and bottom elevations of the wall must be noted. (a) The design shall comply with the Minnesota Department of Transportation (MnDOT) standards for retaining walls. (b) Retaining walls over six (6) feet in height located within ten (10) feet of any public way (sidewalk, street, trail, alley, etc.) shall have a fence or other barrier, such as a berm or landscaping, to impede access to the retaining wall when the public way is adjacent to the top of the retaining wall. (c) Fences or berms shall be installed no closer than 18 inches from a sidewalk or trail. (d) Landscaping between staged retaining walls should be low or no maintenance. (e) The following materials are prohibited: smooth face concrete; however, stamped or patterned concrete face may be acceptable, masonry (mortared), railroad ties, and timber. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a subsection to be numbered 18-78 (b) (13), which shall read as follows: The Developer is required to install public improvements including but not limited to sanitary sewer, watermain, storm sewer and urban streets to the property boundary to provide future extension to adjacent properties. -~ Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this Ith day of June, 2006, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\bg\city code\chapter 18 amendments 2006.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 20-58 (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting standards exist. Variances that blend with these preexisting standards without departing downward from them meet these criteria. Section 2. Section 20-72 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This section does not prohibit the City from enforcing an ordinance that applies to adults- only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. 1 (d) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (e) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Section 3. Section 20-73 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (a) No variance shall be required to construct a detached single-family dwelling on a nonconforming lot of record, excluding platted outlots, provided that it fronts on a public street or approved private street and provided that the structure meets the minimum requirements of this chapter. (b) Except as otherwise specifically provided for detached single-family dwellings, there shall be no expansion, intensification, replacement, or structural changes of a structure on a nonconforming lot. (c) If two or more contiguous lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance provisions of this chapter. Section 4. Section 20-645 (5) (a) 3) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: For side yards, five feet on garage side and 10 feet on house side. Minimum separation between structures on adjacent parcels shall be 15 feet. Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-905 (6), which shall read as follows: Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum 10 feet by 10 feet hard surface area shall be assumed. Such hard surface 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 coverage above that permitted by ordinance. Section 6. Section 20-909 (6) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 2 Continued storage of boats, all-terrain vehicles, snowmobiles and trailers may be stored in the side or rear yard, if owned by a resident owner or lessee of the property and subject to the following: a. Such storage may not extend beyond the front of the principle structure. b. On comer and double frontage lots, the front of the structure shall be defined as the side accessed by a driveway to the public street. Section 7. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-1019 (e), which shall read as follows: Bluffs. No fences shall be permitted within the 30-foot bluff setback. Section 8. Section 20-1124 f. 2. (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Two-bedroom and larger units--Two stalls, one must be completely enclosed in a garage. Section 9. Section 20-1255 (6) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. Section 10. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-1255 (9) h., which shall read as follows: Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to the project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. Section 11. Section 20-1267 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multitenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and multitenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. All signage shall use individual 3 dimensional letters, at least one-half (1/2) inch in depth, and logos, be back lit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multi tenant building. Company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than wording) shall not occupy more than 15 percent of the sign display area. Section 12. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this lzth day of June, 2006, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\bg\city code\amendment ordinance chapter 20 2006.doc 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. _, AN ORDINANCE AMENDING CHAPTER 200F THE CHANHASSEN CITY CODE ZONING. The purpose of this code amendment to Chapter 20, Zoning, of the Chanhassen City Code, is to correct language in the variance criteria, makes the nonconforming uses and structures consistent with state statute, require a minimum 15 foot setback between single- family structures on adjacent properties zoned RLM, add requirements for single-family homes that a minimum 10 foot by 10 foot impervious area be assumed at access doors to the homes that must comply with impervious area, setbacks and remain outside easements, clarify that trailers may not be stored in front of the principle structure on a property, prohibit fences in the bluff setback area, reduce the number of enclosed parking spaces require for multi-family units from 1.5 to 1 (consistent with previous ordinance language), connect and limit construction signs and temporary project advertising signs if both are proposed for a project, and establish a Y2 inch minimum dimension requirement for individual dimension letters. A printed copy of Ordinance No. _ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 26th day of June, 2006, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager/Clerk (Published in the Chanhassen Villager on ). 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 OJ MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: June 6, 2006 SUB]: Subdivision and Zoning Ordinance Amendments Chapters 18 and 20 of the Chanhassen City Code BACKGROUND We last amended the subdivision and zoning ordinance in November 2005. The Planning Commission has review responsibility for Chapters 18 and 20. A public hearing is required to make changes in these chapters. We are submitting the following amendments to Chapters 18 and 20 to the Planning Commission for reVIew. DISCUSSION Chapter 18, Subdivisions ISSUE Sec. 18-40 (4) d Retaining walls appear to be becoming a larger component of subdivisions and development design. However, the current city code provides little direction, guidance or regulation. Staff has prepared the following revisions to have standards for high quality design and maintenance assurances. On February 6, 2006, the Planning Commission discussed the potential revisions for retaining walls. CHANGE A proposed grading plan shown at contour intervals appropriate to the topography or spot elevations indicating the relationship of proposed changes to existing topography and remaining features. (1) All proposed retaining walls must be shown on the plan. The top and bottom elevations of the wall must be noted. (a) The design shall comply with the Minnesota Department of Transportation (MnDOT) standards for retaining walls. 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. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 2 of 14 (b) Retaining walls over six (6) feet in height located within ten (10) feet of any public way (sidewalk, street, trail, alley, etc.) shall have a fence or other barrier, such as a berm or landscaping, to impede access to the retaining wall when the public way is adjacent to the top of the retaining wall. (c) Fences or berms shall be installed no closer than 18 inches from a sidewalk or trail. (d) Landscaping between staged retaining walls should be low or no maintenance. (e) The following materials are prohibited: smooth face concrete (poured in place); however, stamped or patterned concrete face may be acceptable, masonry (mortared), railroad ties, and timber. ISSUE Sec. 18-78 (b) Required Improvements. While the City routinely requires that developers extend public infrastructure to the property line of the development, the ordinance does not specifically state that this is required. Staff has prepared an amendment to clarify this requirement. CHANGE (13) The Developer is required to install public improvements including but not limited to sanitary sewer, watermain, storm sewer and urban streets to the property boundary, llBI@!l!l otll@Fwis@ 81111rov@d hy tll@ City EBgiB@@F to provide future extension to adjacent properties. Chapter 20, Zoning ISSUE Sec. 20-58. General conditions for granting [variances]. The proposed change is due to the fact that criteria are plural. CHANGE A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (1) That the literal enforcement of this chapter would cause undue hardship. For purposes of the definition of undue hardship, reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods preexisting Subdivision & Zoning Ordinance Amendments June 6,2006 Page 3 of 14 standards exist. Variances that blend with these preexisting standards without departing downward from them meet ~ these criteria. (2) That the conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. (3) That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. (4) That the alleged difficulty or hardship is not a self-created hardship. (5) That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. (6) That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or decrease visibility or site distances, or increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. ISSUE N onconformaties The proposed change brings our ordinance into compliance with state statute. CHANGE Sec. 20-72. Nonconforming uses and structures. (a) Thefe shall Be ll€l €mpallsi€lll, ifitefisifi€lati€lfi, fepla€lemefit, stm€ltmal €lhafig€l, €lr fel€l€lati€lfi flf aR)' Il€lR€l€lRf€lrmiRg \ise flr RflR€l€lRfurmiRg stmet\ife €meept t€ll€lss€lfi Elr €llimifiate the R€lR€Hmf€lrmit)'. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 4 of 14 (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This section does not prohibit the City from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. ~ (d) Notwithstanding any other provisions of this chapter, any detached single-family dwelling that is on a nonconforming lot or that is a nonconforming use or structure may be altered, or expanded provided, however, that the nonconformity may not be increased. If a setback of a dwelling is nonconforming, no additions may be added to the nonconforming side of the building unless the addition meets setback requirements. (e) ~Js R€lRe€lRfm'miRg use sHall be resume€l if R€lrmal 0pefati€lR €lf the use Has beeR €IisesRtiRue€l fur a peri€l€l €lf 12 €lr m€lfe m€:mtHs. Time SHall be ealeulate€l as begiRRiRg €lR tHe €lay fulls!.':iRg tHe last €lay iR '::HieH tHe use '.':a8 iR Rsrmal spef8.tisR aR€I SHall RIR 8€lRtiRu€lusly tHereafter. (€I) Full use €If a RSResRfurmiRg laR€I use SHall RSt be resume€l if tHe am€lURt €If 1008 €If fl€l€lf area €Ie€lieate€l ts tHe use is less€me€l 0f if tHe iRteRsity €If the use is iR aRj' maRRer €IimiRisHe€l fur a peRs€I €If 12 €lr msre mSRtH8. Time SHall be ealeulate€l a8 begiRRiRg SR tHe €Ia~,. fslls'::iRg tHe la8t €Ia)' iR \':HieH the RSResRfurmiRg laR€I use '::as iR full €lperati€lR 008 SHall fllR eSRtiRususly tHereafter. Fslls?:iRg tHe eJtpiratisR €If 12 m€JRtHs, tHe RElRe€lfl.f€lrmiRg laR€I use may be u8e€l sRly iR tHe maRRer €If ts tHe enteRt use€l €IURRg tHe pF€l€le€liRg 12 m€lRtHs, Elf €lRl)' laR€I uses ',':hi€lh are permitte€l by tHis sr€lifl.aRee SHall be all€l'::e€l ts be establisHe€l. F€lr tHe pUFIJ€lses Elf tHis seetisR, iRteRsitj' €If use SHall be measure€l by Hsurs €If speFatisR, traffie, Rsise, eJL!€1fi€lf st0rage, sigRs, €l€l€lF8, Rumber €If empl0yees, aR€I €ltHer faet€lr8 €Ieeme€l rele':aRt by tHe €lity, (e) MaiRteRaRee aR€I repair €If RSResRfurmiRg stmetuFes is permitte€l. Rem0':al Elf €Ie8trnetisR €If a RSRe0RfsrmiRg stRI€ltufe to tHe eJLteRt €If msre tHaR 59 pefeeRt €If its estimate€l value, eJLelu€liRg laRd ':alue ood as determiRed by tHe eitj', SHall termiRate tHe rigHt t€l e€JRtiRu€l tHe R€lRe€lRf€lrmiRg stm€ltufe. ff1 (e) Notwithstanding the prohibitions contained in the forgoing paragraphs of this section, if approved by the city council a nonconforming land use may be changed to another nonconforming land use of less intensity if it is in the public interest. In all instances the applicant has the burden of proof regarding the relative intensities of uses. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 5 of 14 (g) If a JHnH~€!llf€lrmiRg laRd MS8 is sMperseded €!r f€pla88d 13:,' a p8rmitted Mse, tke R€!R8€!Rf€lrmiRg statMs €If tk8 premises aRd aIlY rigkts y:ki8k aris8 MIlder tke pf€I':isi€!RS €If tkis s88ti€lR sAalI t8rmiIlat8. Sec. 20-73. Nonconforming lots of record. (a) N€l ':ariaR88 sAall ee f8€lMir8d t€! f@S€!IlstrM€it a deta@Aed siRgh~ family d';:€lliRg l€!€at€d €!R a R€lR€€!Rf€lrmiRg l€lt €lf f€€€!rd €!r ';:Aisk is a R€!R€€lIlf€lrmiRg MS€ if it is destf€l)'ed ey RatMral disaster fire or other peril s€ll€mg as tA€ repla€€mellt d';:€lliRg Aas a f0€!tpriRt ';:ki€iA is R0 larger tAaIl tAat €If tke d€str€!j'ed StRlStMf8 aRd is sMestaRtiall:,' tA€ sam8 siz8 iR eMildiRg A€igkt aRd fl€l€lr area as tA€ d€istf€lj'ed StRlStMf@. R€@€!IlstrMsti€!R skall S€lmmeR@@ \':itkiR t?:€! :,'@ars €If tke date €If tke destm€Jti€lR €If tke 0rigiRallmildiRg aRd f€JRs0RRBle pf0gres8 skall Be made iR @~mpl€tiRg tR@ pr€J1e€t. .\ lmiltiiRg permit sRall ee €letaiR€d pri€!r t€! S€!Rstru@ti€lR €If tAe R@~': dv:elliIlg aRd tke R€';: strMstMr€ skall 138 €€lRstru€ited iR S€lmpliaRS€ '(:itA all €ltA€r sit:,' @€lde8 aRd n~gMlati€!Rs. ~ (a) No variance shall be required to construct a detached single-family dwelling on a nonconforming lot of record, excluding platted outlots, provided that it fronts on a public street or approved private street and provided that the structure meets the minimum requirements of this chapter. ~ (b) Except as otherwise specifically provided for detached single-family dwellings, there shall be no expansion, intensification, replacement, or structural changes of a structure on a nonconforming lot. ~ (c) If two or more contiguous lots are in single ownership and if all or part of the lots do not meet the width and area requirements of this chapter for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter. If part of the parcel is sold, the sale shall constitute a self-created hardship under the variance provisions of this chapter. ISSUE RLM District, Sec. 20-645. Lot requirements and setbacks. City Council has directed staff to revise the side yard setback to increase the separation between buildings in the RLM district. The proposed revision would be similar to the setbacks required in the Near Mountain development, which is located in the northeast comer of the city. CHANGE (5) The setbacks are as follows: (a) If a single-family dwelling: 1) For front yards, 25 feet. 2) For rear yards, 25 feet. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 6 of 14 3) For side yards, five feet on garage side and 10 feet on house side. Minimum separation between structures on adjacent parcels shall be 15 feet. ISSUE Sec. 20-905. Single-family dwellings. Staff, in reviewing building permit applications, has had issues where buildings proposed patio doors and other entrances to the building, with no exterior improvements shown. In many instances, the site is at or near the maximum site coverage for the property. In these instances, the future property owner would not be able to construct a concrete patio outside these doors without first receiving a variance. The Planning Commission and City Council have been concerned that as part of the subdivision review process that the lots be able to accommodate the houses being proposed as part of a development as well as allowing the future homeowners to expand their homes or add ancillary uses without requiring a variance. The proposed language would provide a minimum threshold to allow for such expansion. CHANGE All single-family 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-family 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 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 materials 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. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 7 of 14 (6) Where access doors are proposed from a dwelling to the outdoors, which does not connect directly to a sidewalk or stoop, a minimum 10 feet by 10 feet hard surface area shall be assumed. Such hard surface 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 coverage above that permitted by ordinance. ISSUE Sec. 20-909. Outdoor storage. The current ordinance permits storage of boats, all-terrain vehicles, snowmobiles and trailers behind the front yard setback. If a house is built beyond the front yard setback, then a property owner would be permitted to store these items in front of the house. The intent of the ordinance is clearly to require such storage on the side of the house or in the rear yard. CHANGE As otherwise regulated, all outdoor storage is prohibited except: (1) Clothes line poles and wires. (2) Construction and landscaping material currently being used on the premises. (3) Swings, slides and other play equipment. (4) Outdoor furniture and lawn and garden equipment. (5) Wood for burning in a fireplace, stove or furnace provided it is stored as follows: a. In a neat and secure stack, not exceeding four feet. b. The wood stack is not infested with rodents. c. The wood is not kept in a front yard. (6) Continued storage of boats, all-terrain vehicles, snowmobiles and trailers may be stored in the side or rear yard behind the required front setback, if owned by a resident owner or lessee of the property and subject to the following: a. Such storage may not extend beyond the front of the principle structure b. On corner and double frontage lots, the front of the structure shall be defined as the side accessed by a driveway to the public street. (7) Outside storage of tires is prohibited. (8) PODS (personal on demand storage) and roll-off dumpsters may be located on a property a minimum of six feet away from the house for fire protection and at least ten Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 8 of 14 feet from any property line. Such containers may be kept on site for a maximum of 30 days per year. An extension of the 30 days may be granted by the city if the container is used in conjunction with a valid and ongoing building permit. ISSUE Sec. 20-1019. Location [fences]. Staff has interpreted the Bluff Protection ordinance (section 20-1401) to prohibit fences in the required bluff setback. The proposed change would clarify this interpretation. Staff is concerned that any intrusions into the bluff setback could have a negative impact on erosion problems on bluffs. CHANGE (a) Generally. All fences and retaining walls shall be located entirely upon the property of the fence or retaining wall owner unless the owner of the adjoining property agrees, in writing, that said fence or retaining wall may be erected on the property line of the respective properties. Such agreement shall be submitted at the time of building permit application. Encroachment into a city easement shall require an encroachment agreement between the property owner and the city. Fences shall not be placed within the public right-of-way. (b) Wetlands. No fences shall be permitted below the ordinary high water mark of a wetland or within the required wetland buffer area. (c) Buffers. No fences shall be permitted between a required landscape buffer and a collector or arterial street. (d) Temporary fences. Temporary fencing, such as fencing installed to enclose a seasonal garden or snow fencing in winter, may not be located within the front yard setback. Snow fencing shall not be located within any drainage or utility easement. (e) Bluffs. No fences shall be permitted within th@ 10 wot hhdT impset zon.@ 01' within. the 30-foot bluff setback. ISSUE Sec. 20-1124. Required number of on-site parking spaces. On February 7, 2006, staff presented an application for the construction of a multi-family building with a variance to the parking standards for Gateway Place located at the northwest intersection of future Highway 10 1 and the extension of Lake Susan Drive. City Code requires 2 parking spaces per two or more bedroom units of which 1 '12 spaces must be enclosed. The applicant provided parking spaces that exceeded the total number of required parking spaces (enclosed plus above ground) but could not meet the total required number of enclosed parking spaces. The applicant for Gateway Place conducted an exercise that demonstrated it is Subdivision & Zoning Ordinance Amendments June 6,2006 Page 9 of 14 difficult to provide 1 Yz enclosed parking spaces per unit without expanding the footprint of the garage beyond the footprint of the apartment building. The Planning Commission directed staff to visit the parking ordinance and check the criteria and formulas used by surrounding communities. Prior to May 24, 2004, the City required the following: In the R-16 District requirements are as follows: . One (1) enclosed stall per dwelling. All enclosed stalls must be located in an underground garage structure. . One (1) exterior stall per unit. Staff's reasoning for the amendment stated "Parkin!! standards should be based on the number of bedrooms. not the zonin!! district." The amended ordinance required the following: . Efficiency units and one-bedroom units--One and one-half stalls, one of which must be completely enclosed in a garage. . Two-bedroom and larger units--Two stalls, one and one-half must be completely enclosed in a garage. Multifamily Parking Requirement in Other Communities: The following is a summary of what other communities require and how they compare to the City of Chanhassen: City Total Parking ReQuired Enclosed Spaces Minnetonka 2 1 Chaska 2 No requirement PI ymouth 2Yz 1 Eden Prairie 2 1 Chanhassen . Efficiency & One Bedroom 1Yz 1 . Two Bedrooms 2 1Y2 All communities require a minimum of two parking spaces of which one must be enclosed with the exception of the City of Chaska. If Chanhassen's multifamily parking requirements were similar to surrounding communities, a variance could have been avoided completely. It is staff's opinion that the city code be amended back to the one enclosed parking space only. CHANGE Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 10 of 14 f. Dwelling: 1. Single-family--Two parking spaces, both of which must be completely enclosed. No garage shall be converted into living space unless other acceptable on-site parking space is provided. 2. Multifamily: (a) Efficiency units and one-bedroom units--One and one-half stalls, one of which must be completely enclosed in a garage. (b) Two-bedroom and larger units-- Two stalls, one and one half must be completely enclosed in a garage. (c) Senior housing--Housing designed and limited to senior citizens, age restricted to those 55 years of age and older, shall provide one parking stall per dwelling unit, which must be enclosed in a garage. Assisted living facilities shall provide one-third parking stall per dwelling unit. All required parking for assisted living dwelling units must be enclosed in a garage. (d) Garage stalls for multifamily buildings containing more than 20 dwellings must be placed underground or attached to the primary structure. The city may allow freestanding garage stalls only when the applicant demonstrates that the architectural design of the building results in an inability to accommodate all the stalls under the building and when the majority of this requirement is met with underground parking. (e) In multifamily rental buildings, the use of at least one enclosed stall shall be included in the lease or rental rate of each apartment. In multifamily owner-occupied buildings at least one enclosed stall shall be included in the sales price of each home. (f) One visitor parking stall shall be provided for each four dwellings. ISSUE Sec. 20-1255. Signs allowed without permit. City Code permits multiples signs at the entrance to a project. In such instances, the city may have a proliferation of signage for developments. In order to reduce the potential clutter, staff is proposing linking such signage to limit the total number of signs. With the development of 2005 MUSA properties, there is the potential for multiple developments. Each development would be permitted such signage. In addition to these signs, the City requires that developments install development information signs which give the project name, the developer, the contact name and number and the permitted construction hours. This sign also adds to the clutter at the entrance to the development. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 11 of 14 CHANGE (6) Nonilluminated construction signs confined to the site of the construction, alteration or repair. Such a sign must be removed within one year from the date of issuance of the first building permit on the site, and may be extended until the project is completed. One sign shall be permitted for each street the project abuts. Commercial and industrial signs may not exceed 50 square feet in sign area, and residential construction signs may not exceed 24 square feet in sign area. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to a project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. (9) Temporary development project advertising signs erected for the purpose of selling or promoting any nonresidential project, or any residential project of ten or more dwelling units, located in the City of Chanhassen, shall be permitted subject to the following regulations: a. Not more than one nonilluminated sign per street frontage, provided that the total number of signs do not exceed two per project. b. Such signs shall only be located along streets that provide primary access to the project site. c. Such sign shall be setback at least ten feet from any property line for signs ten feet in height or less, plus one additional foot for each additional foot of sign height. Signs shall be firmly anchored to the ground. d. No such sign shall be located closer than 100 feet from an existing residential dwelling unit, church, or school which is not a part of the project being so advertised. e. Such signs shall not be located closer than 100 feet from any other sign located on the same side of the street. f. Sign display area shall not exceed 64 square feet, and the height of such signs shall not exceed 15 feet. g. Such signs shall be removed when the project being advertised is sold or leased, or after three years. The planning director may permit a sign for longer than three years if the project being advertised is not sold or leased. h. Where a nonilluminated construction sign and a temporary development project advertising sign are proposed at the entrance to a project, such signage shall be combined on one sign with a maximum sign area of 64 square feet. Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 12 of 14 ISSUE Sec. 20-1259. Prohibited signs. Chanhassen City Code currently requires conditional use permits for the use of electronic message center signs but does not establish any specific standards restricting their use (i.e. display area, location, etc.). Staff is proposing developing standards to minimize impacts of such signage. By amending the ordinance the City will more efficiently be able to restrict and regulate the construction and use of electronic message center signs within Chanhassen city limits. In researching city codes from various municipalities in the Twin Cities Metropolitan area, staff found that regulation of electronic message center signs varied with each city. Most cities included in the study had regulations on electronic message center signs that were no stronger than ours, if they had any at all. However, staff was able to find regulations from different codes that could be helpful to the City of Chanhassen. After mixing and matching portions of these codes, we were able to create an ordinance that would fit Chanhassen. CHANGE The following signs are prohibited: (1) Advertising or business signs on or attached to equipment, such as semitruck trailers, where signing is a principal use of the equipment on either a temporary or permanent basis. (2) Motion signs and flashing signs, except electronic message center signs, time and temperature signs and barber poles which may be permitted by conditional use permits (see sections 20-231 through 20-237), and shall comply with the following standards: a) No electronic message center sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. b) Electronic message center signs shall not cause direct glare nor become a distraction due to excessive brightness. c) The lamp wattage and luminance level in candelas per square meter (nits) shall be provided at the time of permit applications. d) There shall be no electronic message center signs in the front setback area within one hundred twenty-five feet (125') of a street intersection (as measured from intersecting right-of-way lines) or within one hundred twenty- five feet (125') of a residential district, except where lighting for such sign is Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 13 of 14 indirect or diffused and in no way constitutes a traffic hazard. e) Electronic and nonelectronic message center space used on a sign shall not exceed a total of forty (40) square feet or twenty five percent (25%) ofthe allowable sign area, whichever is less. The message displayed on electronic message center signs shall be depicted in one statement and not a continuing sentence or flow of information. Flashing, scrolling, special effects or animated scenes on electronic reader boards shall be prohibited. o Electronic message center signs shall not be located in agricultural or siBgl@ family residential zoning districts. (3) Projecting signs, not including awning or canopies as defined in this chapter. (4) Roof signs, except that a business sign may be placed on the roof, fascia or marquee of a building provided it does not extend above the highest elevation of the building, excluding chimneys, and provided: a. Roof signs shall be thoroughly secured and anchored to the frames of the building over which they are constructed and erected. b. No portion of roof signs shall extend beyond the periphery of the roof. (5) Wall graphics and design treatments depicting corporate logos and company symbols. (6) Temporary signs or banners except as permitted in section 20-1256. (7) Signs which are placed or tacked on trees, fences, utility poles or in the public right- of-way. (8) Bench signs are prohibited except at designated transit stops as authorized by the local transit authority. (9) Billboards. ISSUE Sec. 20-1267. Uniformity of construction, design, etc. The City requires individual dimensional letters on signage, but provides no standards for a minimum acceptable dimension. Some sign companies are proposing 1/8 inch projection as part of the panel sign to meet this requirement. Staff does not believe that this is a sufficient depth to individualize the letter. We reviewed a number of signs that were submitted previously. Most of these had Y2-inch or larger dimensions. We are therefore recommending that the Y2-inch minimum depth be included in the code. CHANGE Subdivision & Zoning Ordinance Amendments June 6, 2006 Page 14 of 14 All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multitenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan review, proposed signs for the development should be presented concurrently for staff review. All planned centers and multi tenant buildings shall submit a comprehensive sign plan for approval by the planning commission and city council. All & signage shall use individual dimensional letters, at least one-half (112) inch in depth, and logos, be back lit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multitenant building. Company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than wording) shall not occupy more than 15 percent of the sign display area. RECOMMENDA TION Staff recommends that the Planning Commission adopt the following two motions: "The Chanhassen Planning Commission recommends approval of the attached ordinance amending Chapter 18, Subdivisions, of the Chanhassen City Code." "The Chanhassen Planning Commission recommends approval of the attached ordinance amending Chapter 20, Zoning, of the Chanhassen City Code." ATTACHMENTS 1. Ordinance Amending Chapter 18, Subdivisions, of the Chanhassen City Code. 2. Ordinance Amending Chapter 20, Zoning, of the Chanhassen City Code. g:\plan\bg\city code\pc memo 2006 revisions.doc