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1. City Code Amendments4VT MEMORANDUM Phone: 952.227.1120 TO: Planning Commission CITY OF The width and design of a street relies on the district it serves. There are several CI1H11I1H►JSE FROM: Sharmeen Al -Jaff, Senior Planner 7700 Market Boulevard DATE: May 3, 2011 PO Box 147 Section 18 -57(b) lists street classifications, right -of -way width and Chanhassen, MN 55317 SUBJ: City Code Amendments Administration Phone: 952.227.1100 BACKGROUND Fax: 952.227.1110 On April 5, 2011, staff presented an issue paper addressing potential amendments Building Inspections Phone: 952.227.1180 to the Chanhassen City Code. They included the following: Fax: 952.227.1190 Chapter 18, Subdivisions: Section 18 -57 Streets (pages 1 -5) Engineering Phone: 952.227.1160 Chapter 20, Zoning: Section 20- 407(3) Wetland Protection (pages 5 -6) Fax: 952.227.1170 Section 20- 505(e) Hard surface coverage (pages 6 -7) Finance Section 20 -1502 Building permits (page 7) Phone: 952.227.1140 Fax: 952.227.1110 ANALYSIS Park & Recreation Section 18 -57. Streets Phone: 952.227.1120 Fax: 952.227.1110 This section of the City Code addresses private and public street design standards. The width and design of a street relies on the district it serves. There are several Recreation Center issues that need to be addressed. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Section 18 -57(b) lists street classifications, right -of -way width and roadway /pavement width. Some street classifications reference zoning districts Planning & while others reference land uses. Also, land uses within the City of Chanhassen Natural Resources include residential, commercial, office and industrial. There are areas within the Phone: 952.227.1130 Fax: 952.227.1110 City that permit mixed uses which consist of residential, office, and commercial. Currently, there are no street standards serving mixed -use developments. Public Works 7901 Park Place Section 18- 57(o), (p), (r) and (s) list the design standards for private streets. They Phone: 952.227.1300 also reference zoning districts and land uses. Staff is recommending the City Fax: 952.227.1310 Code be amended to reflect consistency by referencing land uses. Senior Center Section 18- 57(p)(8) addresses the method of calculating density and hard surface Phone: 952.227.1125 Fax: 952.227.1110 coverage of properties served by private streets. The current City Code permits areas that are low density- residential and served by a private street to exclude the Web Site hard surface coverage and area of the private street from the overall lot area www.ci.chanhassen.mn.us calculations; however, any property that is medium or high- density residential or Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow Planning Commission Code Amendments May 3, 2011 Page 2 office, industrial, or commercial is required to calculate both the area and the impervious surface of the street against the property it serves. This is an onus requirement that unduly penalizes properties guided other than low density - residential. Any development that utilizes a private street must provide drainage calculations and demonstrate that the runoff is adequately accommodated. The paved portion is housed within a 40 -foot easement or right -of -way. The criteria that list the maintenance requirements for all uses within any zoning district are identical. The hard surface coverage requirements should be consistent throughout the districts as well. Staff is recommending the City Code be amended as shown below: Section 18 -57. Streets (b) Street right -of -way widths shall be consistent with the comprehensive plan and official map, and shall conform to county and state standards for trunk highways. If no such plans or standards are applicable, right -of -way and pavement widths shall not be less than the following: Street Classifications Right -of -Way Roadway /Pavement Widths (feet) Width (feet) Minor arterial 100 36 Collector 80 36 Local street (rural residential) 60 24 Local street (urban residential) 60 31 Local street (commercial /industrial) 60 36 Cul -de -sac, turnaround radius 60 45.5 (urban/residential) Cul -de -sac, turnaround radius (rural 60 40 residential) Cul -de -sac, turnaround radius 60 48 (commercial/industrial) Private Street4 serving residential ser 7 DD D n DT 30 20 A RSF M ( w l,or, development with a density of less than 4 units per acre) Private Street (serving residential serving 40 24 PLLM (wh— development with a density equal to or greater than 4 units per acre) � 8 D 12 D W Private Street serving commercial, office, 40 26 office industrial or mixed -use development Planning Commission Code Amendments May 3, 2011 Page 3 (o) Private streets may be permitted in commercial, office, office industrial, residential with a density equal to or greater than 4 units per acre or mixed -use developments R-4-6 if the city finds the following conditions to exist: (1) The prevailing development pattern makes it unfeasible or inappropriate to constrict a public street. In making this determination the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. (p) Private street standards. If the use of a private street is to be allowed, it shall be subject to the following standards: (1) The common sections of a private street serving two units or more in a development with a density of *��p,RSF, v ^, ^ „ a DT rx (whe less than four units per acre3 des must be built to a seven -ton design, paved to a width of 20 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes. Private streets serving residential developments with a density RJ ,en equal to or greater than four units per acre R9, R 12 and R 16, shall be built to a seven -ton design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Private streets serving busi industrial and ^ffi^° this-., commercial, office, office industrial or mixed -use development shall be built to a nine -ton design, paved a minimum width of 26 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based on guidelines provided by applicable fire codes. Private streets serving a residential component only, within a mixed -use development may be built to a seven -ton design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Plans for the street shall be submitted to the city engineer. Upon completion of the private street, the applicant shall submit a set of "as- built" plans signed by a registered civil engineer. (2) Private streets must be maintained in good condition and plowed within 24 hours of a snowfall greater than two inches. Covenants concerning maintenance shall be filed against all benefiting properties. Parking on the private street or otherwise blocking all or part of the private street shall be prohibited. Planning Commission Code Amendments May 3, 2011 Page 4 (3) Private streets that are not usable by emergency vehicles because of obstructions, snow accumulation, or poor maintenance are a public safety hazard. The city may remedy such conditions and assess the cost back to the property pursuant to M. S. § 429.101, subd. 1(C). (4) The private street design shall be pr a include adequate drainage facilities to convey storm runoff which may require hydrologic calculations for a ten -year storm event be :. elud °a . In Private streets serving residential developments with a density the "T "4 (,,, equal to or greater than four units per acre v 8, R 12, D 16 b u sine ss, i n d ustf i ,' and orfi^° commercial, office, office industrial, or mixed -use districts, these impr- ^vements shall include concrete curb and gutter. (5) Street addresses or city approved street name sign, if required, must be posted at the point where the private street intersects the public right -of -way. (6) The private street shall be designed to minimize impacts upon adjoining parcels. The city may require revised alignments, specific building orientation, increased setbacks, and landscaping to minimize impacts. An erosion control plan should be completed and approved prior to construction. (7) The private street in the A 2, DR RF R n and pr M i,,,h serving residential development with a density of less than four units per acre E'� riets must be located within a strip of property at least 30 feet wide extending out to the public right -of -way or covered by a 30 -foot wide easement that is permanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street nor the impervious surface of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates, the area of the easement and impervious surface of the driveway shall be included in the calculation of lot area and lot coverage for the lot. (8) Private streets serving residential development with a density RLM (whea.equal to or greater than four units per acre, commercial, office, office industrial, or mixed -use)-, R a u 1.2, v 1 6, busin ess, indus*r-i^' and ^rfi^° districts, must be located within a strip of property at least 40 feet wide extending out to the public right -of -way or covered by a 40 -foot wide easement that is permanently recorded over all benefited and impacted parcels. B t h e ° a nd the i mpen 4 ous ,,. rn , .° of the easeme and p street shall be ineluded in the ealettlation of lot area and lot cover-age of the lot in whieh th m °r* is lee *°d Neither the area within the easement for the private street nor the impervious surface of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates, the area of the easement and impervious surface of the driveway shall be included in the calculation of lot area and lot coverage for the lot. (9) Maintenance and repair of private utilities located within the private street shall be the responsibility of the benefiting property. Planning Commission Code Amendments May 3, 2011 Page 5 (q) Private reserve strips controlling public access to streets shall be prohibited. (r) Flag lots may be permitted in the A2, RR, R cam' and R4 residential districts with a density of less than four units per acre, if the criteria in variance section 18 -22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public /private street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public or a private street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a flag lot will permit enhanced protection of the city's natural resources, including wetlands and protected areas. (s) Private streets serving up to four lots may be permitted in the A2, �R, RSF, R4 and RUN4 (when residential developments with a density of less than four units per acre districts if the criteria in variance section 18 -22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Section 20 -407. Permit required This section of the City Code protects wetlands. On August 10, 2009, the City Council approved an amendment to the City Code that moved a section of Chapter 6 which addresses structures, to Chapter 20. Structures such as docks or any other accessory use is addressed in Chapter 20, Zoning. The zoning ordinance contains standards for uses as well as the process for relief from these standards (variance criteria). Staff discovered that Article VI. Wetland Protection, Sec. 20- 407(3) still references Chapter 6. Staff is recommending the City Code be amended as shown below to reference Sec. 20 -920 Structures, Boats and Waterways. Planning Commission Code Amendments May 3, 2011 Page 6 Section 20 -407. Permit required. No person shall drain, excavate in the permanent or semi - permanent flooded areas of open water wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20 -417 of this article requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (1) Construction of new streets and utilities. (2) Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. (3) Installation of boardwalks and docks. Docks shall meet the additional requirements in ehapter 6 , aftiele It Section 20 -920 Structures, Boats and Waterways of this Code. (4) Discharge of untreated stormwater runoff into wetlands. (5) Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches. Section 20 -505. Required general standards This section of the City Code sets general standards for all Planned Unit Developments within the City of Chanhassen. Hard surface coverage is calculated based on the Comprehensive Plan Designation. These designations include residential, office, commercial, industrial and mixed use. The comprehensive plan mandates that all properties guided mixed use be developed as a Planned Unit Development. These properties may include uses that are high- density residential and/or neighborhood commercial. If a multi -story building had retail on the first floor and residential units on the upper floors, there is no hard surface standard set in the City Code to address such a situation. Staff is recommending Section 20- 505(e) of the City Code be amended as shown below to reflect a hard surface coverage standard of 70% for properties guided mixed use as identified in the comprehensive plan. The City Code amendment shall read as follows: Planning Commission Code Amendments May 3, 2011 Page 7 Section 20- 505(e) (e) Hard surface coverage shall be limited as follows: Comprehensive Plan Designation Hard Surface Coverage ( /o) Low or medium density residential 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Mixed Use 70 Section 20 -1502. Building permits This section of the City Code addresses building permit requirements for Towers and Antennas. The current language in the City Code addressing towers and antennas references the Uniform Building Code. The City has adopted the International Building Code. Staff is recommending the language be amended to reference the Building Code in effect. Staff is recommending the City Code be amended as shown below Section 20 -1502. Building permits. (b) The applicant shall provide, at the time of application for a building permit, sufficient information to indicate that construction, installation and maintenance of the antenna and tower will be in compliance with applicable T Tr�� Building Code requirements. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the attached city code amendments to: Chapter 18, Subdivisions: Section 18 -57 Streets Chapter 20, Zoning: Section 20- 407(3) Wetland Protection Section 20- 505(e) Hard surface coverage Section 20- 1502(b) Building permits Planning Commission Code Amendments May 3, 2011 Page 8 ATTACHMENT 1. Ordinance Amendment to Chapter 18, Subdivision and Chapter 20, Zoning. G:\PLAN \City Code\2011 \Chapter 18 and 20\Staff Report PC.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18, SUBDIVISION AND CHAPTER 20, ZONING CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 18 -57 (b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (b) Street right -of -way widths shall be consistent with the comprehensive plan and official map, and shall conform to county and state standards for trunk highways. If no such plans or standards are applicable, right -of -way and pavement widths shall not be less than the following: Street Classifications Right -of -Way Roadway /Pavement Widths (feet) Width (feet) Minor arterial 100 36 Collector 80 36 Local street (rural residential) 60 24 Local street (urban residential) 60 31 Local street (commercial /industrial) 60 36 Cul -de -sac, turnaround radius (urban/residential) 60 45.5 Cul -de -sac, turnaround radius (rural residential) 60 40 Cul -de -sac, turnaround radius 60 48 (commerci al/indu stn' al ) Private Street4 serving residential serving _^_ 2_^_ 2, 30 20 RR , RSF n 4 , y r M (.,he development with a density of less than 4 units per acre) Private Street (serving residential seFv g yr M 40 24 (when development with a density equal to or greater than 4 units per acre v 8, p 12, v ' 6) Private Street serving commercial, office, office 40 20 industrial or mixed -use development ( eemme -einl /.r.4us r. Section 2 . Section 18 -57(o) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (o) Private streets may be permitted in commercial, office, office industrial, residential with a density equal to or greater than 4 units per acre or mixed -use developments business, iiidtts > > and R46 if the city finds the following conditions to exist: (1) The prevailing development pattern makes it unfeasible or inappropriate to constrict a public street. In making this determination the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. Section 3 . Section 18 -57(p) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (p) Private street standards. If the use of a private street is to be allowed, it shall be subject to the following standards: (1) The common sections of a private street serving two units or more in a development with a density of the A 2, RR, RSF, R4, and R-LN4 (A n less than four units per acre) its must be built to a seven -ton design, paved to a width of 20 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes. Private streets serving residential developments with a density D?en equal to or greater than four units per acre ° 8, D 12, and D 16, shall be built to a seven -ton design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Private streets serving busin ess, i n d tis t r -i l and office distriet commercial, office, office industrial or mixed -use development shall be built to a nine -ton design, paved a minimum width of 26 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based on guidelines provided by applicable fire codes. Private streets serving a residential component only, within a mixed -use development may be built to a seven -ton design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and provide a turnaround acceptable to the fire marshal based on applicable fire codes. Plans for the street shall be submitted to the city engineer. Upon completion of the private street, the applicant shall submit a set of "as- built" plans signed by a registered civil engineer. 2 (2) Private streets must be maintained in good condition and plowed within 24 hours of a snowfall greater than two inches. Covenants concerning maintenance shall be filed against all benefiting properties. Parking on the private street or otherwise blocking all or part of the private street shall be prohibited. (3) Private streets that are not usable by emergency vehicles because of obstructions, snow accumulation, or poor maintenance are a public safety hazard. The city may remedy such conditions and assess the cost back to the property pursuant to M.S. § 429.101, subd. 1(C). (4) The private street design shall b p ed it include adequate drainage facilities to convey storm runoff which may require hydrologic calculations for a ten -year storm event be ;,,eluded l* Private streets serving residential developments with a density the vT M (•., equal to or greater than four units per acre v 4 D 12 R 16 business tria'�nd efnse commercial, office, office industrial, or mixed -use districts, these im' fevements shall include concrete curb and gutter. (5) Street addresses or city approved street name sign, if required, must be posted at the point where the private street intersects the public right -of -way. (6) The private street shall be designed to minimize impacts upon adjoining parcels. The city may require revised alignments, specific building orientation, increased setbacks, and landscaping to minimize impacts. An erosion control plan should be completed and approved prior to construction. (7) The private street in the A 2, RR, RS , R 4 and RLM (when serving residential development with a density of less than four units per acr must be located within a strip of property at least 30 feet wide extending out to the public right -of -way or covered by a 30 -foot wide easement that is permanently recorded over all benefited and impacted parcels. Neither the area within the easement for the private street nor the impervious surface of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates, the area of the easement and impervious surface of the driveway shall be included in the calculation of lot area and lot coverage for the lot. (8) Private streets serving residential development with a density v T " en equal to or greater than four units per acre, commercial, office, office industrial, or mixed -use); D 8, D 12, D 16, busine industr -ia , and ^ffi^° districts, must be located within a strip of property at least 40 feet wide extending out to the public right -of -way or covered by a 40 -foot wide easement that is permanently recorded over all benefited and impacted parcels. Both the afea and the impei-7vious surfaee of the easement and pfivate street sli-All be. ifle-luded in- the ealettla4ien of lot area and lot eover-age of the lot easeme is loeated. Neither the area within the easement for the private street nor the impervious surface of the private street shall be included within the calculation of the lot area or lot coverage of the lot in which the easement is located. Once the private street terminates, the area of the easement and impervious surface of the driveway shall be included in the calculation of lot area and lot coverage for the lot. (9) Maintenance and repair of private utilities located within the private street shall be the responsibility of the benefiting property. Section 4 . Section 18 -57(r) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (r) Flag lots may be permitted in the A2, RR , R SF and R4 residential districts with a density of less than four units per acre, if the criteria in variance section 18 -22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public /private street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public or a private street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a flag lot will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Section 5 . Section 18 -57(s) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (s) Private streets serving up to four lots may be permitted in th e A2, RR, v SF, R4 and n T 4 (whffi residential developments with a density of less than four units per acre distr-ists if the criteria in variance section 18 -22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. 0 Section 6 . Section 20 -407 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Section 20 -407. Permit required. No person shall drain, excavate in the permanent or semi - permanent flooded areas of open water wetlands, or fill a wetland, wholly or partially, or otherwise impact wetlands without first having a wetland replacement plan or other determination approved by the city. Draining, grading, excavating, filling, removing healthy native vegetation, or otherwise altering or destroying a wetland of any size or type not subject to an exemption under section 20 -417 of this article requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (1) Construction of new streets and utilities. (2) Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. (3) Installation of boardwalks and docks. Docks shall meet the additional requirements in ehaptef 6, ai4ie e TT Section 20 -920 Structures, Boats and Waterways of this Code. (4) Discharge of untreated stormwater runoff into wetlands. (5) Changes in wetland hydrology that result in an increase in the ordinary high water level of a wetland by more than 12 inches. Section 7 . Section 20- 505(e) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (e) Hard surface coverage shall be limited as follows: Comprehensive Plan Designation Hard Surface Coverage ( /o) Low or medium density residential 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Mixed Use Section 8 . Section 20- 1502(b) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (b) The applicant shall provide, at the time of application for a building permit, sufficient information to indicate that construction, installation and maintenance of the antenna and tower will be in compliance with applicable Unifefm Building Code requirements. Section 9 . This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 2011, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager (Published in the Chanhassen Villager on gAplan \city code\2011 \chapter 18 and Mamendment ordinance.doc R Thomas A. Furlong, Mayor