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Adoption of Ordinances, Chp 1, 4, 7, & 13, Chanhassen City Code, General Provisions (Definitions), Fees, Buildings & Building Regulations, and Nuisances 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 1 J::. .~ ~ ..,.~.,,._....,,.,,.---,-~ MEMORANDUM TO: Todd Gerhardt, City Manger FROM: Bob Generous, Senior Planner September 25, 2006 ~ DATE: SUBJ: Adoption of Ordinances, Chapters 1, 4, 7 and 13, Chanhassen City Code, General Provisions (Definitions), Fees, Buildings and Building Regulations, and Nuisances ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendments. BACKGROUND Our overall intent is to try to make the code easier to understand and use by addressing problems in the code, overlapping code requirements, clarifying ordinance language, procedures or processes and consolidating the City Code. Staff has included in strike-through and bold format the proposed changes to the code. SUMMARY Chapter 1 Staff is recommending adding definitions for candela, golf driving range and nit. Candela and nit are related to the lighting requirements for electronic message center signs. The city currently does not have a definition of a golf driving range. The city has added the RLM district, but did not include it in the definition of residential districts. Finally, we are defining more clearly the "sight distance triangle", not the "site distance triangle" with the inclusion of an illustration. Candela (symbol: cd) is the International System (SI) base unit of luminance intensity (that is, power emitted by a light source in a particular direction, with wavelengths weighted by the luminosity function, a standardized model of the sensitivity of the human eye). (20) Golf driving range means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro-shop, but excludes miniature golf courses and "putt- putt" courses. (20) The City of Chanhassen · A growing community with clean lakes, Quality schools, a chanming downtown, thriving businesses, winding trails, and beautiful parks A great place to live, work, and play. Mr. Todd Gerhardt September 25, 2006 Amendments Chapters 1, 4 and 13 Page 2 Nit is defined as a unit of luminance equal to one candela per square meter (cdlm2). It is often used to quote the brightness of computer displays, which typically have a luminance of 200 to 300 nits, and LED displays, which have a typical luminance between 1000 nits (indoor) and 5000 nits (outdoor). (20) Residential district means that area of the city zoned as RR, RSF, R -4, RLM, R -8, R -12, R -16, or PUD-R by the City Code. (10) ~ Sight distance triangle means the area of a corner lot bounded by the right-of-way lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines or within 45 feet of the intersection of two improved street surfaces (roadway) or driveway edges, whichever is greater. No sign or sign structure shall be located within the sight distance triangle. eles@r te aM)' let liRe tRaM a EHstaMe@ @€lHal ts 8Re Ralf the miRiHU'lm fe€luif@s yars set8aeh. ~J8 sigR sRaIl B8 }Jlaees '::itRiM allY lkaiRag8 Sf Htility 8RBeIH8Mt. No sign or sign structure shall be located within ~ ~ the ~ sight distance triangle from any private drive or access intersecting a public street. Signs shall be setback a minimum ten feet from any property line. ~igRs shall Rat 8e laemes iR aMY site sistaH8@ tflaRgl8 29 i@et frem tRe ~eiRt ef iRtef8eetieR ef tR@ ~Fa~e1=l:j' liRe. '" c ~ -3 []) 130/ 145/ 130145/ Sight Distance Triangle ~ ~ Chapter 4 As part of the subdivision process, staff must review all proposed improvements within the development. There are many improvements as part of the subdivision that are not "public" in nature, but that must be reviewed and approved by the city, e.g., private streets, private storm water ponds, private utilities, etc., for which the city wants to insure compliance with design standards. Currently, the city only charges a fee for the value of the public improvements. A fee to review these other improvements is appropriate. Section 4-30 (c) 2 Administration fee in conjunction with the installation of the ~ improvements in the plat. The fee shall be calculated as follows: a) If the cost of the construction of ~ improvements is less than $500,000.00, three percent of the construction costs; Mr. Todd Gerhardt September 25, 2006 Amendments Chapters 1, 4 and 13 Page 3 b) If the cost of the construction of ~ improvements is between $500,000.00 and $1,000,000.00, three percent of construction costs for the first $500,000.00 and two percent of construction costs over $500,000.00; c) If the cost of the construction of ~ improvements is over $1,000,000.00, two and one-half percent of construction costs for the first $1,000,000.00 and one and one-half percent of construction costs over $1,000,000.00. Chapter 7 The city currently has no regulations regarding the demolition of buildings within the community. As the city continues to mature, there will be increasing redevelopment opportunities. The following proposed standards provide a minimum basis of review for the demolition of structures within the city. Staff is proposing a security requirement for larger structures or those in close vicinity to property lines or other structures to assure timely and complete removal of the structure and restoration of the site. Sec. 7-27 Building Demolition. a. A demolition permit is required for the demolition of structures in the city. b. Hazardous material assessment and hazardous material abatement documentation shall be submitted to the city as required by the building official. c. Compliance with other utility or regulatory agencies (electric utility, gas utility, MPCA, watershed, etc.) is required. Approvals or other documentation required by such agencies shall be submitted to the city as required by the building official. d. All debris (demolished construction material) shall be removed from the site. Any resulting excavation to be backfilled with soil free of debris or contaminants. e. Grading, erosion control and ground-cover, pursuant to Sec. 7-22 of this chapter, may be required. f. Demolition projects with a value exceeding $5000 or within ten feet of a structure or property line may require security in the form of cash escrow or letter of credit to ensure timely and complete demolition and restoration of the site. g. A site-plan or survey of the site indicating the structure(s) to be removed, pursuant to Sec. 7- 19 of this chapter, may be required. Chapter 13 Staff is proposing the clarification of the hours of operation for household construction noises versus construction noises requiring the use of heavy equipment. There is an exemption for emergency construction activities such as the replacement of watermains that break. Mr. Todd Gerhardt September 25, 2006 Amendments Chapters 1, 4 and 13 Page 4 Sec. 13-52. Hourly restriction on certain operations. (a) Recreational vehicles and snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational vehicle not licensed for travel on public highways. (b) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mu1cher, garden tiller, edger, leaf blower/vacuum, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m. (c) Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Construction activities in conjunction with new developments and city improvement projects, including but not limited to grading, utility installation and street paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven (7) days of the week. (d) Exceptions. The following uses and activities are exempt from this section as specified below: (1) Snow removal motor vehicles, equipment and operations are exempt from subsection 13- 52(b) and (c). (2) Excavation/grading operations are exempt from subsection 13-52(c), but must comply with section 7-45. (3) Outdoor recreational uses are exempt from subsection 13-52(b) and (c). Staff believes that these changes to chapters 1,4, 7 and 13 are primarily administrative, rather than substantive, in nature and is recommending approval of the amendments. Mr. Todd Gerhardt September 25, 2006 Amendments Chapters 1, 4 and 13 Page 5 RECOMMENDATION Staff is recommending that the City Council adopt the attached ordinances for Chapters 1,4, 7 and 13 of the Chanhassen City Code. ATTACHMENTS 1. Ordinance Amending Chapter 1, Chanhassen City Code, General Provisions. 2. Ordinance Amending Chapter 4, Chanhassen City Code, Licenses, Permits and Administrative Fees. 3. Ordinance Amending Chapter 7, Chanhassen City Code, Buildings and Building Regulations. 4. Ordinance Amending Chapter 13, Chanhassen City Code, Nuisances. g:\plan\bg\city code\cc memo ch 1 4 & 13 2006.doc ~ CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 CHANHASSEN CITY CODE, GENERAL PROVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended by repealing the following definition: Site distance triangle. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding the following definitions to section 1-2, which shall read as follows: Candela (symbol: cd) is the International System (SI) base unit of lumnous intensity (that is, power emitted by a light source in a particular direction, with wavelengths weighted by the luminosity function, a standardized model of the sensitivity of the human eye). (20) Golf driving range means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack-bar and pro-shop, but excludes miniature golf courses and "putt-putt" courses. (20) Nit is defined as a unit of luminance equal to one candela per square meter (cdlm2). It is often used to quote the brightness of computer displays, which typically have a luminance of 200 to 300 nits, and LED displays, which have a typical luminance between 1000 nits (indoor) and 5000 nits (outdoor). (20) Sight distance triangle means the area of a comer lot bounded by the right-of-way lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines or within 45 feet of the intersection of two improved street surfaces (roadway) or driveway edges, whichever is greater. No sign or sign structure shall be located within the sight distance triangle. No sign or sign structure shall be located within the C> C ~ "::; ID 130' 145' 130'145' Sight Distance Triangle ~ ~ sight distance triangle from any private drive or access intersecting a public street. Signs shall be setback a minimum ten feet from any property line. Section 3. Section 1-2 of the City Code, City of Chanhassen, Minnesota, is hereby amended to change existing definition of residential district to read as follows: Residential district means that area of the city zoned as RR, RSF, R-4, RLM, R-8, R-12, R-16, or PUD-R by the City Code. (10) Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of September, 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 ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 CHANHASSEN CITY CODE, LICENSE, PERMIT, AND ADMINISTRATIVE FEES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 4-30 (c) 2 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Administration fee in conjunction with the installation of the improvements in the plat. The fee shall be calculated as follows: a) If the cost of the construction of improvements is less than $500,000.00, three percent of the construction costs; b) If the cost of the construction of improvements is between $500,000.00 and $1,000,000.00, three percent of construction costs for the first $500,000.00 and two percent of construction costs over $500,000.00; c) If the cost of the construction of improvements is over $1,000,000.00, two and one-half percent of construction costs for the first $1,000,000.00 and one and one-half percent of construction costs over $1,000,000.00. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of September, 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 ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 CHANHASSEN CITY CODE, BUil..DINGS AND BUil..DING REGULATIONS THE CITY COUNCil.. OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 7-27, which shall read as follows: Building Demolition. a. A demolition permit is required for the demolition of structures in the city. b. Hazardous material assessment and hazardous material abatement documentation shall be submitted to the city as required by the building official. c. Compliance with other utility or regulatory agencies (electric utility, gas utility, MPCA, watershed, etc.) is required. Approvals or other documentation required by such agencies shall be submitted to the city as required by the building official. d. All debris (demolished construction material) shall be removed from the site. Any resulting excavation shall be backfilled with soil free of debris or contaminants. e. Grading, erosion control and ground-cover, pursuant to Sec. 7-22 of this chapter, may be required. f. Demolition projects with a value exceeding $5000 or within ten feet of a structure or property line may require security in the form of cash escrow or letter of credit to ensure timely and complete demolition and restoration of the site. g. A site-plan or survey ofthe site indicating the structure(s) to be removed, pursuant to Sec. 7-19 of this chapter, may be required. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of September, 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 ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 CHANHASSEN CITY CODE, NUISANCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 13-52 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Construction, maintenance and repair activities. No person shall engage in or permit construction, maintenance or repair activities creating noise, including, but not limited to, the use of any kind of electric, diesel, pneumatic, or gas-powered machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on Saturday, and no such activity is permitted on Sundays or on the following public holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Construction activities in conjunction with new developments and city improvement projects, including but not limited to grading, utility installation and street paving, requiring the use of heavy equipment shall be permitted between the hours of 7:00 a.m. and 6:00 p.m. on any weekday and 9:00 a.m. and 5:00 p.m. on Saturdays. No such activity is permitted on Sundays or public holidays. Residential construction, repairs or maintenance, including lawn maintenance, conducted by the homeowner or occupant shall be permitted between the hours of 8:00 a.m. and 7:00 p.m. on Sundays and public holidays. The use of electronic insect deterrents (aka, "bug zappers") is limited to use between the hours of 9:00 a.m. and 9:00 p.m. during the seven (7) days of the week. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of September, 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 )