3. Chapters 18 & 20 City Code Amendments
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
wNw.ci .chanhassen.mn.us
[I]
MEMORANDUM
TO:
Planning Commission
FROM:
Bob Generous, Senior Planner
Sharmeen AI-Jaff, Senior Planner
DATE:
August 5, 2008
()~.
SUBJ:
City Code Amendments
Chapter 18, Subdivision, Required Data & Park Land Dedication
Chapter 20, Zoning, Accessory Structures
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council adopt
the proposed amendments to Chapters 18 and 20 of the Chanhassen City Code
as outlined in the staff report."
BACKGROUND
In anticipation of the adoption of the 2030 Comprehensive Plan, staff is preparing
an update of the City Code to coincide with its adoption. Staff has reviewed the
City Code and discovered issues, shortfalls, and general updates, and prepared
amendments to the Code. These amendments were discussed at the June 3, 2008
Planning Commission Meeting.
At this time, staff will be focusing on issues related to the required data for
subdivisions: emergency over flow, custom grading, and ensuring that the
submittal requirements set forth in the City Code reflect what is required from
other agencies. Staff will also be addressing changes in State Statues regarding
Park Land Dedication and the Freedom to Breathe Provision.
The text of all final ordinance amendments is shown in strike-through and bold
format. Staff recommends approval of the proposed ordinance amendments as
outlined in the staff report.
DISCUSSION
Chapter 18. Subdivision
Issue: In Section 18-40 (4) there are three main issues:
a) Staff recommends adding an additional safety measure to provide separation
between a 100-year overflow route and the lowest opening of an adjacent
structure.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
August 5, 2008
Page 2
b) Currently the City Code only references custom-graded lots under the as-built requirements.
Staff recommends providing clarification in the City Code regarding the acceptability of
custom-graded lots at the time of the grading plan submittal for a new development.
c) A Storm Water Pollution Prevention Plan (SWPPP) is a requirement of the Minnesota
Pollution Control Agency (MPCA). Staff is proposing the addition as a general update to
ensure that the submittal requirements set forth in the City Code reflect what is required from
other agencies.
Proposed Change: Amend Sec. 18-40(4) d 2 b), 18-40(4) e and 18-40(4) g as shown below.
Section 18-40 (4) Data Required, Supplementary infomwtion:
2. The preliminary and final grading plans must be 50 scale or larger. The grading plan must
comply with the following design standards as well as the requirement of Chapter 7 of the
Chanhassen City Code:
a) The lowest floor elevation must be minimum three feet above the highest known
groundwater elevation and must meet the minimum requirements set forth in subsection
20-481 (e)(l).
b) If an emergency overflow route is adjacent to the property, the lowest building
opening must be minimum one foot above the emergency overflow.
b1 c) The style of home (e.g., slab on grade, split entry, lookout, walkout, full basement)
must be noted on the plan.
e1 d) The standard lot benching detail for each proposed style of home must be shown.
tB e) Drain tile service must be provided to all properties where runoff will flow from the
back to the front of the lot.
et f) Identify proposed soil stockpile areas and note stabilization measures that will be
taken.
f) Maintenance and repair of retaining walls, v/hich cross lot lines, built in conjunction \'lith
the subdivision shall be the responsibility of the de'.'eloper, and upon completion of the
project, tho homeowners association.
g) Custom graded lots may be allowed subject to the City Engineer's approval.
e. If any zoning changes are contemplated, the proposed zoning shall be specified. plan for the
areas .
f. Where the subdivider owns property adjacent to that proposed for the subdivision, a general
development plan of the remaining property depicting the possible relationships between the
proposed subdivision and the future subdivision. The plan shall address the overall land use,
traffic circulation, utility easement configurations, and general lot layouts.
g. A soil erosion and sediment control plan, as well as a copy of the Storm Water Pollution
Prevention Plan (SWPPP), as required by the Minnesota Pollution Control Agency
(MPCA) as part of the National Pollutant Discharge Elimination System (NPDES)
Planning Commission
August 5, 2008
Page 3
permitting process. The plan shall include a timing schedule and sequence of operation
indicating the anticipated starting and completion dates of the particular development segment
and the estimated time of exposure of each area prior to completion of effective erosion and
sediment control measures. Gradients of waterways, design of velocity and erosion control
measures, and landscaping of the erosion and sediment control system shall also be shown.
Issue: The proposed change to the subdivision ordinance is required by 2006 legislation. The
new legislation requires park dedication requirements be calculated based on "buildable land" in
a s'ubdivision. The law goes on to provide that the City must define the term "buildable land" in
its ordinance. The law further provides that the value of land for determining dedication
requirement must be determined "no later than at the time of final approval". These changes will
bring this section of the City Code into conformance with State Statutes.
Staff is also proposing to replace the word "plat" with "subdivision" for clarification purposes.
A subdivision is the physical division of a lot, tract, or parcel of land into two or more lots, while
a plat is a map of a tract or parcel of land.
Staff is proposing a definition in Chapter 1, scheduled for a future City Council meeting date.
The proposed definition is as follows:
Buildable Land means all land except wetlands and public waters, and land dedicated for Local,
County and State roads.
Proposed Change: Amend Sec. 18-79 as shown below.
Sec. 18-79. Park land dedication requirements.
(a) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks,
playgrounds, public open spaces and trails and/or shall make a cash contribution to the City's
park fund and trail fund as provided by this section.
(b) Land to be dedicated shall be reasonably suitable for its intended use and shall be at a
location convenient to the people to be served. Factors used in evaluating the adequacy of
proposed park and recreation areas shall include size, shape, topography, geology, hydrology,
tree cover, access and location.
(c) The park and recreation committee shall recommend to the City Council the buildable
land dedication and cash contribution requirements for proposed subdivisions.
(d) If the property being subdivided was previously subdivided, a credit will be given for
similar requirements satisfied in conjunction with the previous subdivision. Requirements will be
calculated based upon the increase in the population calculation and any change from residential
to nonresidential or nonresidential to residential.
(e) When a proposed park, playground, recreational area, school site or other public ground
has been indicated in the City's official map or comprehensive plan and is located in whole or in
part within a proposed fH-at subdivision, it shall be designated as such on the plat and shall be
Planning Commission
August 5, 2008
Page 4
dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an area in
excess of the buildable land required hereunder for such proposed public site, the City may
consider acquiring the site through purchase or condemnation.
(f) Land area conveyed or dedicated to the City shall not be used in calculating density
requirements of chapter 20 and shall be in addition to and not in lieu of open space requirements
for planned unit developments.
(g) Where private open space for park and recreation purposes is provided in a proposed
subdivision, such areas may be used for credit, at the discretion of the City Council, against the
requirement of dedication for park and recreation purposes, provided the City Council finds it is
in the public interest to do so.
(h) The City, upon consideration of the particular type of development, may require larger or
lesser parcels of buildable land to be dedicated if the City determines that present or future
residents would require greater or lesser land for park and playground purposes.
(i) In residential f*ats subdivisons, one acre of buildable land shall be conveyed to the City
as an outlot by warranty deed for every 75 people the platted subdivided land could house based
upon the following population calculations:
Single-family detached dwelling per lot ......................................................................... 3.5 persons
Two-family dwelling per dwelling unit .......................................................................... 3.0 persons
Apartment, townhouses, condominiums and other dwelling units, per bedroom........... 1.0 persons
G) In-pl-ats-subdivisions other than residential f*ats subdivisions, either a cash donation
equal to ten percent of the fair market value of the undeveloped property or ten percent of the
gross area of buildable land being platted subdivided or a combination thereof, shall be
conveyed to the City.
(k) In lieu of a park land donation, the City may require an equivalent cash donation based
upon average undeveloped buildable land value in the City. The cash dedication requirement
shall be established annually by the City Council.
(1) In lieu of a trail donation, trail construction, or trail easement dedication, the City may
require a cash donation for the trail system. The cash dedication requirement shall be established
annually by the City Council.
(m) The City may elect to receive a combination of cash, land, and development of the land
for park use. The fair market value of the buildable land, at the time of final subdivision
approval, the City wants and the value of the development of the land shall be calculated. That
amount shall be subtracted from the cash contribution required by subsection (k) above. The
remainder shall be the cash contribution requirement.
(n) "Fair market value" shall be determined as of the time of filing the final I*at subdivision
approval in accordance with the following:
Planning Commission
August 5, 2008
Page 5
(1) The City and the developer may agree as to the fair market value, or
(2) The fair market value may be based upon a current appraisal submitted to the City by the
subdivider at the subdivider's expense.
(3) If the City disputes such appraisal the City may, at the subdivider's expense, obtain an
appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive
evidence of the fair market value of the land.
(0) Planned developments with mixed land uses shall make cash and/or land contributions in
accordance with this section based upon the percentage of land devoted to the various uses.
(p) Park dedication fees shall be paid at the time of final j7lat subdivision recording.
(q) The cash contributions for parks and trails shall be deposited in either the City's park and
recreation development fund or multipurpose pedestrian trail fund and shall be used only for park
acquisition or development and trail acquisition or development.
(r) If a subdivider is unwilling or unable to make a commitment to the City as to the type of
building that will be constructed on lots in the proposed j7lat subdivision, then the land and cash
contribution requirement will be a reasonable amount as determined by the City Council.
(s) Wetlands, ponding areas and drainage ways accepted by the City shall not be considered
in the park land and/or cash contribution to the City.
(t) Subdividers of land abutting streets that have been designated in the City's
comprehensive trail plan for the installation of a trail shall be required to dedicate the land for the
trail to the City and construct the trail. An appropriate trail fee credit shall be granted.
Chapter 20. Zoning
Issue: The Freedom to Breathe Provision was passed by Legislature on May 12,2007, signed
into law on May 16,2007, and became effective state wide on October 1,2007. The purpose of
the Freedom to Breathe Provision is to protect employees and the general public from the
hazards of secondhand smoke by prohibiting smoking in public places, places of employment,
public transportation, and at public meetings.
As a result of the Freedom to Breathe Provision, local establishments that want to create outdoor
smoking shelters to accommodate their patrons have contacted the City regarding our standards.
Rather than create ordinance standards for smoking shelters, City Council directed staff to
reference the Freedom to Breathe Provision in the Accessory Structures section of City Code. In
addition, the City will provide a handout regarding the Freedom to Breathe Provision which will
be will be available at City Hall. All accessory structures must receive a building or zoning
permit prior to construction.
Staff proposes reference to the Freedom to Breathe Provision under the Accessory Structure
section of the City Code as it relates to "smoking structures".
Planning Commission
August 5, 2008
Page 6
Staff is proposing definitions in Chapter 1 relating to the Freedom to Breathe Provision,
scheduled for a future City Council meeting date. The proposed definitions are as follows:
Indoor Area means all space between a floor and a ceiling that is bound by walls, doorways, or
windows, whether open or closed. A wall, for the purpose of smoking shelters, includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent.
Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other
lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe,
or any other lighted smoking tobacco or plant product equipment intended for inhalation.
Proposed Change: Amend section 20-904 to add (d) as shown below.
Sec. 20-904. Accessory structures.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor
Air Act contained in M.S. ch. 1144.411 to 144.417.
RECOMMENDATION
"The Chanhassen Planning Commission recommends that City Council adopt the proposed
amendments to Chapters 18 and 20 of the Chanhassen City Code as outlined in the staff report."
ATTACHMENTS
1. Ordinance Amending Chapter 18, Subdivisions.
2. Ordinance Amending Chapter 20, Zoning.
g:\plan\city code\2008 code update\pc memo 8-S-08.doc
ORDINANCE NO.
CITY OF CHANHASSEN
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 18 OF THE
CHANHASSEN CITY CODE
SUBDIVISIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. Section 18-40 (4) Supplementary information of the Chanhassen City Code is
hereby amended to read as follows:
a. Statement of the proposed use of lots stating type of buildings with number of proposed
dwelling units or type of business or industry to reveal the effect of the proposed
development on traffic, fire hazards, and density of population.
b. Any proposed protective covenants.
c. A drainage plan for the area indicating the direction and rate of natural stormwater runoff
and those unaltered areas where stormwater collects and percolates into the ground. A
proposed drainage plan for the developed site indicating the direction and rate of runoff,
the path of all stormwater discharge to the public stormwater infrastructure and those
areas where stormwater will collect and percolate into the ground shall also be included.
Stormwater management shall be consistent with the City's surface water management
plan.
d. 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 10 feet of any public
way (sidewalk, street, trail, alley, etc.) shall have 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.
136645vOl
RNK:01l28/2008
c) Fences or berms shall be installed no closer than 18 inches from a sidewalk or
trai 1.
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.
f) Maintenance and repair of retaining walls, which cross lot lines, built in
conjunction with the subdivision shall be the responsibility of the developer, and
upon completion of the project, the homeowners association.
2. The preliminary and final grading plans must be 50 scale or larger. The grading plan
must comply with the following design standards as well as the requirement of
Chapter 7 of the Chanhassen City Code:
a) The lowest floor elevation must be minimum three feet above the highest known
groundwater elevation and must meet the minimum requirements set forth in
subsection 20-481(e)(I).
b) If an emergency overflow route is adjacent to the property, the lowest
building opening must be minimum one foot above the emergency overflow.
~ c) The style of home (e.g., slab on grade, split entry, lookout, walkout, full
basement) must be noted on the plan.
ej d) The standard lot benching detail for each proposed style of home must be
shown.
61 e) Drain tile service must be provided to all properties where runoff will flow from
the back to the front of the lot.
e1 0 Identify proposed soil stockpile areas and note stabilization measures that will
be taken.
f) Maintenance and repair of retaining walls, which cross lot lines, built in
conjunction with the subdi','ision shall be the responsibility of the developer, and
upon completion of the project, the homeowners association.
g) Custom graded lots may be allowed subject to the City Engineer's approval.
e. If any zoning changes are contemplated, the proposed zoning shall be specified. plan for
the areas.
f. Where the subdivider owns property adjacent to that proposed for the subdivision, a
general development plan of the remaining property depicting the possible relationships
between the proposed subdivision and the future subdivision. The plan shall address the
overall land use, traffic circulation, utility easement configurations, and general lot
layouts.
136645vOI
RNK:O 1/28/2008
2
g. A soil erosion and sediment control plan, as well as a copy of the Storm Water
Pollution Prevention Plan (SWPPP), as required by the Minnesota Pollution
Control Agency (MPCA) as part of the National Pollutant Discharge Elimination
System (NPDES) permitting process. The plan shall include a timing schedule and
sequence of operation indicating the anticipated starting and completion dates of the
particular development segment and the estimated time of exposure of each area prior to
completion of effective erosion and sediment control measures. Gradients of waterways,
design of velocity and erosion control measures, and landscaping of the erosion and
sediment control system shall also be shown.
SECTION 2. Section 18-79 of the Chanhassen City Code is hereby amended to read as follows:
(a) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks,
playgrounds, public open spaces and trails and/or shall make a cash contribution to the City's
park fund and trail fund as provided by this section.
(b) Land to be dedicated shall be reasonably suitable for its intended use and shall be at a
location convenient to the people to be served. Factors used in evaluating the adequacy of
proposed park and recreation areas shall include size, shape, topography, geology, hydrology,
tree cover, access and location.
(c) The park and recreation committee shall recommend to the City Council the buildable
land dedication and cash contribution requirements for proposed subdivisions.
(d) If the property being subdivided was previously subdivided, a credit will be given for
similar requirements satisfied in conjunction with the previous subdivision. Requirements will be
calculated based upon the increase in the population calculation and any change from residential
to nonresidential or nonresidential to residential.
(e) When a proposed park, playground, recreational area, school site or other public ground
has been indicated in the City's official map or comprehensive plan and is located in whole or in
part within a proposed i*at subdivision, it shall be designated as such on the plat and shall be
dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an area in
excess of the buildable land required hereunder for such proposed public site, the City may
consider acquiring the site through purchase or condemnation.
(f) Land area conveyed or dedicated to the City shall not be used in calculating density
requirements of chapter 20 and shall be in addition to and not in lieu of open space requirements
for planned unit developments.
(g) Where private open space for park and recreation purposes is provided in a proposed
subdivision, such areas may be used for credit, at the discretion of the City Council, against the
requirement of dedication for park and recreation purposes, provided the City Council finds it is
in the public interest to do so.
136645vOI
RNK:O 1/28/2008
3
(h) The City, upon consideration of the particular type of development, may require larger or
lesser parcels of buildable land to be dedicated if the City determines that present or future
residents would require greater or lesser land for park and playground purposes.
(i) In residential f*at5 subdivisons, one acre of buildable land shall be conveyed to the City
as an outlot by warranty deed for every 75 people the platted subdivided land could house based
upon the following population calculations:
Single-family detached dwelling per lot 3.5 persons
Two-family dwelling per dwelling unit 3.0 persons
Apartment, townhouses, condominiums and other dwelling units, per bedroom 1.0 person
U) Ini*ats-subdivisions other than residential f*at5 subdivisions, either a cash donation
equal to ten percent of the fair market value of the undeveloped property or ten percent of the
gross area of buildable land being platted subdivided or a combination thereof, shall be
conveyed to the City.
(k) In lieu of a park land donation, the City may require an equivalent cash donation based
upon average undcyelopcd buildable land value in the City. The cash dedication requirement
shall be established annually by the City Council.
(1) In lieu of a trail donation, trail construction, or trail easement dedication, the City may
require a cash donation for the trail system. The cash dedication requirement shall be established
annually by the City Council.
(m) The City may elect to receive a combination of cash, land, and development of the land
for park use. The fair market value of the buildable land, at the time of final subdivision
approval, the City wants and the value of the development of the land shall be calculated. That
amount shall be subtracted from the cash contribution required by subsection (k) above. The
remainder shall be the cash contribution requirement.
(n) "Fair market value" shall be determined as of the time of filing the final fHat subdivision
approval in accordance with the following:
(1) The City and the developer may agree as to the fair market value, or
(2) The fair market value may be based upon a current appraisal submitted to the City by the
subdivider at the subdivider's expense.
(3) If the City disputes such appraisal the City may, at the subdivider's expense, obtain an
appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive
evidence of the fair market value of the land.
(0) Planned developments with mixed land uses shall make cash and/or land contributions in
accordance with this section based upon the percentage of land devoted to the various uses.
136645vOl
RNK:OI/28/2008
4
(p) Park dedication fees shall be paid at the time of final tHffi subdivision recording.
(q) The cash contributions for parks and trails shall be deposited in either the City's park and
recreation development fund or multipurpose pedestrian trail fund and shall be used only for park
acquisition or development and trail acquisition or development.
(r) If a subdivider is unwilling or unable to make a commitment to the City as to the type of
building that will be constructed on lots in the proposed tHffi subdivision, then the land and cash
contribution requirement will be a reasonable amount as determined by the City Council.
(s) Wetlands, ponding areas and drainage ways accepted by the City shall not be considered
in the park land and/or cash contribution to the City.
(t) Subdividers of land abutting streets that have been designated in the City's
comprehensive trail plan for the installation of a trail shall be required to dedicate the land for the
trail to the City and construct the trail. An appropriate trail fee credit shall be granted.
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _ day of
of the City of Chanhassen, Minnesota.
, 2008, by the City Council
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
)
g:\plan\city code\2008 code update\amandment ch 18 8-25-08.doc
136645vOI
RNK:O 1/28/2008
5
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE
ZONING
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 20-904 (d), which shall read as follows:
Sec. 20-904. Accessory structures.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor Air
Act contained in M.S. ch. 1144.411 to 144.417.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this _ day of , 2008, 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\city code\2008 code update\amendment ch 20 8-25-08.doc
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