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8. City Code Amendments to Chapters 18 and 20.CITY OF u CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Kate Aanenson, AICP, Planning Director DATE: June 30, 1995 SUBJ: Ordinance Amendments BACKGROUND Attached is Chapter 18 (subdivision regulations) and Chapter 20 (zoning ordinance) from the City Code. Staff is proposing numerous glitch amendments (issues that need to be fixed with the code) as well as a few amendments staff would like to review with the Council and Planning Commission to consider for code amendments. A summary of the changes are attached as well as the those sections of the code as currently written. PLANNING COMMISSION UPDATE ' On June 7, 1995 the Planning Commission held a public hearing regarding changes to Chapters 18 and 20 of the City Code. The Planning Commission recommended the following changes: 1. Sign. Fl (Definitions) Change the word "shall" to "may" be flown in tandem with ' the state or national flag. 2. Section 20 -505 (PUD) Eliminate the recommendation to propose cluster development ' under a PUD. 3 Section 20 -508 (PUD) Modify (b) by deleting the first sentence so that it reads as follows: ' (b) Minimum lot sizes. There shall be no minimum lot sizes however, in no case shall net density exceed guidelines established by the City of Chanhassen's Comprehensive Plan. MEMORANDUM Planning Commission ' Ordinance Amendments June 30, 1995 ' Page 2 4. Section 20 -652 (R -8 District) Delete the words "Single Family" from permitted uses. ' 5. Section 20 -905 (Standards for Single Family Dwellings) Item (2) (d) delete the requirement that garages be attached. ' RECOMMENDATION Chapter 18, Subdivision, Platting Procedure ' Sec. 18 -37, Exemption (a) Erik change to Zoning Administrator - The City Clerk/City Manager does not administrate the zoning ordinance. The Zoning Administrator is the Planning Director or his /her designee. ' Sec. 18 -39, Preliminary plat - Generally The findings necessary for city council approval of the preliminary plat and the (f ) g Y Y PP P YP final plat shall be as follows: ' (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: (b) Lack of adeqttate rea change to dedicated and improved public stre ets. ' (c) Lack of adequate sanitary sewer systems and not ISTS (Individual Sewer Treatment System). ' Comment - Premature development needs to be more specific in stating that streets and sewer and water systems should be public and improved. This would not include ' gravel roads or specific systems. Sec. 18 -40, Data Required I (2) Existing conditions: ' (f) Topographic data within the property to be subdivided and one hundred (100) feet beyond the property boundary showing contours as follows: two -foot intervals where slope is seven (7) Change to ten (10) percent ' or less, five foot intervals where a slope is sever) change to ten (10) to fifteen (15) percent. ' Planning Commission Ordinance Amendments June 30, 1995 Page 3 Comment - This change will provide more detail on slope characteristics, aiding staff in reviewing developments. (4) Supplementary Information (c) A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unallotted areas where storm water collects and percolates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff and those areas where storm water will collect and percolate into the ground shall also be included. Storm water shall be consistent with the storm water management. Comment - This additional language requires compliance with the adopted Surface Water Management Plan. Sec. 18 -41, Final Plat - Generally (e) Upon approval of the final plat by the city council, the city shall notify the applicant of the approval and within thirty (30)days thereafter the applicant or the city attorney shall file the final plat with the county recorder and shall furnish the city evidence of such recording. Failure of the applicant to comply shall be cause for revoking the city's approval. Comment - The city attorney reviews all final plats before they are recorded. I Article III, Design Standards Sec. 18 -57, Streets Add - (q) Flag lots may be permitted in the A2, RR, RSF and R4 if the city finds the following conditions exist: ' 1. The prevailing development pattern makes it unfeasible or inappropriate to constrict 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 Planning Commission , Ordinance Amendments June 30, 1995 ' Page 4 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 I natural resources including wetlands and protected areas. Comment - There has been an increase in the number of flag lot requests. Staff is recommending that there be standards for reviewing flag lots that may not be appropriate at all locations. Sec. 18 -58, Alleys Alleys are prohibited except for fire lanes in commercial and industrial development exeept or if approved as a part of a PUD. Comment - Alleys should be prohibited with the exceptions noted. In a PUD+ especially a small lot or multi - family they may be appropriate. Sec. 18 -60, Lots (a) All lots shall abut for their full required minimum frontage on a publicly dedicated street as required by the zoning ordinance or on a private drive street or a flag lot which shall have a minimum of thirty (30) feet of frontage. Comment - The change from drive to street is necessary because a drive is not necessarily public. The 30 feet of frontage is a standard in the RSF district but should be placed in the design standard section. J (i) Driveway grades shall be a minimum of one -half ( 1 h) percent and a maximum grade of ten (10) percent. I Comment - This is a standard for driveways although it is located in the building and building regulations of the city ordinances. Placing this standard in the subdivision regulation establishes the criteria for reviewing driveways during the review of the plat. Sec. 18 -61, Landscaping and tree preservation requirements. Misspelled scientific names of trees: As spelled Connected (underlined): Betula payryiter Betula panvnfera t LJ Planning Commission Ordinance Amendments June 30, 1995 Page 5 Betula pendula icciminta Fraxinus pennsylvanica Gleditsia tricanthos (all varieties listed) Gymnocladus dioica Acer innala Malus bacata columnaris Prunus 'Newport' Syringa amurensis japonica Picea gauca densata Picea pungens glauca Pseudotsuga Menziesii Thuja occidentalis Betula pendula Dalecarlica Fraxinus pennsylvanica 'Marshall's Seedless Gleditsia trii1canthos Gymnocladus dioicia Acer ginnala Malus bacgata columnaris Prunus cerasifera Newport' Syringa reticulata Picea glauca densata Picea pungens 'filauca' Pseudotsuga menziesii Thuja occidentalis Technv Chapter 20, Article I, In General Sec. 20 -1, Definition Add the following definitions: ' Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water. It shall include, but not be limited to, gravel driveways, parking area, buildings and structures. Light Industrial - The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment or research activities entirely within an enclosed structure, with ' no outdoor storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. ' Office - Professional and business office, non - retail activity. Used for conducting the affairs of a business profession, service, industry or government. ' Home Occupation - Home Occupation - An occupation, profession, activity or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the ' neighborhood. Vocational School - Establishments primarily engaged in offering specialized vocational courses, including schools such as banking, commercial art, construction equipment, correspondence schools, nursing schools, real estate schools, restaurant operation, trade schools and truck driving schools. J Planning Commission Ordinance Amendments June 30, 1995 ' Page 6 Family - One or more persons occupying a premises and living as a single relatively ' permanent housekeeping unit as distinguished from a group occupying a boarding house or a hotel. , marriftge e. law, or a group of not mare +ttft five (5) pesons (exeluding rtanny, hettith ettre weker) who need not be so related, living tagether in a dwelling tt Restawwa - standard means an establishment where principal business is the sale of food and /or beverages including alcohol to customers in a ready to consume state, and whose principal method of operation includes one (1) or both of the following characteristics: , Comment - Want to clarify that alcohol is in the definition of beverages. Any approval for liquor would still have to be approved by the City Council. ' Tree - shall mean a woody plant Y lant which at maturity is 13 to 20 feet or more in height, with a single trunk, unbranched for at least several feet above the ground, and having a more or less definite crown. Shrub - shall mean a woody plant that remains low and produces several erect, spreading, or prostrate stems from the base, and is not usually tree -like or single- stemmed. ' Sign, flag - means any fabric banner used as a symbol of a government, political, subdivision or other identity. Corporation flags shall not exceed (12) square feet and May be fthftH may be flown in tandem with the state or national flag. The size of the state or national flag shall not exceed one hundred (100) square feet. , Comment - The limit on size was a recommendation of the draft sign ordinance and was inadvertently omitted. ' Sec. 20 -5, Identification of arterial and collector streets ' Coulter /McGlynn Drive Arboretum Boulevard Market Boulevard ' Long Acres Boulevard Pleasant View Road Lake Drive West ' West 78th Street Lyman Boulevard, east of TH 101 Planning Commission Ordinance Amendments June 30, 1995 Page 7 Comment - These streets need to be added to the list of official collector streets. The subdivision regulations have specific development arterial depending upon street classification. Sec. 266, Sales Trailers for Residential Developments Sales Trailers are subject to the following conditions: 1. Trailers are permitted only until a permanent dwelling unit is available to be used as the sales office /model. At such time, the trailer shall be removed from the site. 2. Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m. 3. There shall be no outdoor speaker. 4. Lighting shall be downcast, with no flashing, blinking or skylights permitted. 5. Trailers shall skirted and one trailer shall be permitted per development. 6. Trailers shall comply with ADA requirements. 7. Off street hard surface parking for 3 -5 cars shall be provided. 8. Engineering Department shall approve any access from a city street. Comment - While temporary sales trailers are a permitted use in some zoning districts, there are no standards for their use. These standards will assist staff ensuring these are not a nuisance. Article VI, Wetland Protection Sec. 20 -405 (2) The lowest ground floor elevation is three (3) two (2) feet above the ordinary high water mark of the wetland. Comment - This elevation is consistent with the shoreland regulations. Planning Commission ' Ordinance Amendments June 30, 1995 ' Page 8 Sec. 20 -406, Wetland buffer strip and setbacks ' (a) For lots created after December 14, 1992 (date of ordinance adoption), a buffer strip shall be maintained abutting wetlands. All existing vegetation adjacent to , a wetland shall be left undisturbed and applied toward buffer strip unless otherwise approved by City Council. Buffer strip vegetation shall be established and maintained in accordance to the following requirements. If the buffer area is disturbed, plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife. Buffer strip... ' Comment - This language has been added to provide a clearer statement of intent. The buffer strip shall be left undisturbed unless approved by the City Council. , ... The use of a meandering buffer strip to maintain a natural appearance is encouraged. Where roadways are constricted next to a wetland, the average buffer strip width for the adjacent wetland shall be maintained. ' Comment - This language has been added because currently there is no buffer strip requirement next to wetlands with no road setbacks or buffer strip, there is little ' protection of the wetlands. There will not be a standard for a buffer strip to protect the wetland. ' Shoreland Management Sec. 20 -480, Lot Area and Width Standards , Recreational Development , Unsewered rillarian Non -riparian Area Width Area Width 40,000 sq.ft. 125' 15,000 sq.ft. 90' ' Comment - There are properties adjacent to this lake classification. It was omitted from the Shoreland Regulations. ' Planning Commission Ordinance Amendments June 30, 1995 Page 9 Article VIII, Planned Unit Development Sec. 20 -505, Required General Standards (c) Density (4) In no case shall the overall density of the development exceed the grass net density ranges identified in the comprehensive plan. The Planning Commission recommended this section be left in its current form in the City Code. Comment - This is not consistent with the comprehensive plan where maximum density cannot exceed the net density not the gross density. 1. Hard surface coverage shall be limited as follows: Low Density 30* 50% High Density 319% 30% i lo size. The sittglefimn4y residential PUD allows lot sizes to t t1l eler en thottsand (11,000) square J �eet (excluding iden t ed - VV - eff M m-eaftoin lot :. iotts) A verage lot skesfor the entire PUD Sh The PUD shall have a minimum of 50% open space. Sec. 20 -508, Standards and guidelines for single family attached or clustered homes - PUDs (b) Minimum lot sizes. Minimum lot sizes down to five thousand (5,000) square feet may be allowed. fever, there shall be no minimum lot size however, in no case tail shall grass net density exceed guidelines established by the City of Chanhassen Comprehensive Plan. Planning Commission Ordinance Amendments June 30, 1995 Page 10 Article X, A2, Agricultural Estate District Sec. 20 -574, Conditional Uses (14) Golf courses Comment - This use is not listed in any district. Staff thought this district was the appropriate zone to allow as a conditional use. Sec/ 20 -576, Interim Uses Comment - Eliminate from interim uses. Churches are already listed as a conditional use where it is more appropriate. Article XII, Residential Single Family Sec. 20 -615, Lot requirements and setbacks The following minimum requirements shall be observed in an RSF District subject to additional requirements, exceptions and modifications set forth in this chapter and Chapter 18. Comment - Chapter 18 sets the design standards and should be included. (6) The setbacks for lots served by private driveways and /or neck lots are as follows: C. For side yards, ten (10) feet. Comment - Twenty feet has always been a burden, it is an excessive standard and we cannot find a rational basis for using 20 feet. Article XIV, R -8, Mixed Medium Density The intent of the R -8 District is to provide for single family detached or attached residential development at a maximum net density of eight (8) units per acre. Planning Commission Ordinance Amendments June 30, 1995 Page 11 Sec. 20 -652, Permitted Uses The following uses are permitted in an R -8 District: (1) , townhomes, two - family and multi - family dwellings. Sec. 20 -655, Lot requirements and setbacks (1) The minimum lot area is as follows: a. For single family detached, six thousand two hundred fifty (6,250) square feet (NB = density = 6.97 unit/acre). (2) The minimum lot frontage is fifty (50) feet per dwelling unit except that in the case of a lot that fronts on a cul -de -sac, the width of the lot at the building setback line shall be as follows: a. If single family detached, six thousand two hundred fifty (6,250) square feet (NB = density = 6.97 unit/acre). (3) The minimum lot depth is one hundred fifty (150) feet. The minimum lot depth for single family detached is one hundred twenty five (125) feet. (5) The setbacks are as follows: C. For side yards, ten (10) feet, single family detached may be sited on one property line. (6) The maximum height is as follows: C. For single family detached, 2 story /30 feet. Article XVI, BN, Neighborhood Business District Sec. 20 -693, Permitted Accessory Uses Comment - Eliminate - automotive service station is not a permitted use. Planning Commission Ordinance Amendments June 30, 1995 Page 12 Article XXII, IOP, Industrial Office Park District The following uses are permitted in an IOP District: (4) Trade shops Vocational school. Comment - Trade shop is an antiquated term. Sec. 20 -905, Single family dwellings (2) Conform to the following standards for living areas: C. If a split foyer and two story design, have an area of six hundred (600) square feet on the first floor, fttmily struetttre. d. Plus a two -car garage must be provided with the single- family structure. Sec. 20 -906, Alternate lot size requirements in A—+ A -2 and A-4 RR, Residential Zoning Districts. Minimum lot size requirements in the -A4 A -2 and A-4 RR Residential zoning districts located ... Division 3, Home Occupations Sec. 20 -978, Occupations permitted. Comment - Would like to see contractors yard and landscaping businesses excluded from the list because they are always a neighborhood nuisance. Division 5, Fences and Walls Sec. 20 -1023, Height Any fence over six and one -half (6 1 /2) feet must receive a conditional use permit. The fence height is measures from ground grade elevation to the highest point on the fence. All other residential fences shall meet the following standards. i Planning Commission Ordinance Amendments June 30, 1995 Page 13 (3) Corner or double fronted lots. In addition to the other provisions contained in this section, fences located on corner or double fronted lots shall be subject to the following provisions: C. The front shall be determined by the location of the garage. Sec. 20 -1183. Landscaping materials. Table I. Approved tree list. As noted Ash, Green Ash, Green Sorbus spp. Fraxinus pennsylvanica Table II. "Silver King" Artemisia 'Silver Moun Artemisia Euophorbia epithymoides Eughorbia 2Ychroma Parthenocissus quinguefolia Parthenocissus quinguefolia Polygonum tricuspidata ' compactum' Polygonum cuslljdatum 'compactum' Lonicera xxylosteum Lonicera gylosteum Spirea japonica 'Alpina' Spiraea japonica 'Alpina' Alpine Spirea Daphne Spirea Spirea x Bumalda 'Anthony Waterer' SpirAea x humalda 'Anthony Waterer' ATTACHMENTS: 1. Excerpts of Chapters 18 and 20 of City Code 2. Planning Commission minutes dated June 7, 1995 jLti LJ U § 18 -36 CHANHASSEN CITY CODE DIVISION 2. PLATTING PROCEDURES Sec. 18.36. Generally. Notice requirement and procedures set forth in this chapter in excess of those required by ' state law are directory. Failure to comply with such procedures will not invalidate the proceedings. ' (Ord. No. 33 -D, § 4.3, 2.25 -85) Sec. 18-37. Exemption, ' ' 1 r� (a) The cit rl sha certify that the following conveyances are exempt from platting if the new and residual parcels meet the minimum requirements of the zoning ordinance for a ' buildable lot and are on an existing public street. The applicant shall furnish the city a survey prepared and signed by a registered land surveyor for review: ' (1) Dividing a platted lot to add a portion of the lot to an abutting lot; (2) Dividing a metes and bounds parcel to add a portion of the parcel to an abutting , parcel; (3) In areas outside the Metropolitan Council's 1990 urban service area, the separation , of a parcel into two (2) or three (3) parcels if all resulting parcels are capable of being further subdivided into buildable lots under the zoning ordinance. (b� The city council may approve a metes and bounds subdivision of a platted lot into two ' (2) lots in areas inside the Metropolitan Council's 1990 urban service area if both resulting lots meet the minimum requirements of the zoning ordinance and abut an existing public , street. To the extent possible, the new boundary line shall be parallel to a previously existing lot line. The city council shall hold a public hearing on the proposed subdivision after notice of the date, time, place and purpose of the hearing has been published once in the official , newspaper, and a proposed development notification sign has been erected on the subject property by the applicant, both at least ten (10) days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record within five hundred ' (500) feet of the outer boundaries of the subdivision. Failure to post a proposed development notification sign or to give notice or defects in the notice shall not affect the validity of the proceedings. At least three (3) weeks prior to the hearing the applicant shall submit to the ' city: (1) A survey (prepared and signed by a registered land surveyor); , (2) A list of property owners within five hundred (500) feet of the boundaries of the parcel to be subdivided; (3) Except as waived by the city, all information required for plats. , (Ord. No. 33 -D, § 4.2, 2.25 -85) 1000 1 SUBDIVISIONS § 18 -39 r Sec. 18-38. Pre- application consultation. Prior to the preparation of a preliminary plat, the applicant shall consult with the city to ' discuss the proposal. (Ord. No. 33 -D, § 4.1, 2- 25 -85) ' Sec. 18-39. Preliminary plat — Generally. (a) After the preapplication consultation and at least twenty -one (21) days prior to the meeting of the planning commission at which action is desired, the applicant may file with the ' city, an application for preliminary plat approval. The application shall be accompanied by copies of the plat in such number as required by the city, an eight and one - half -by- eleven -inch transparency reduction of each sheet, proof of ownership satisfactory to the city, and a list of ' property owners within five hundred (500) feet of the property certified by an abstract company. The applicant shall pay the application fee established by city council resolution. All required data, documentation plans, copies and fees must be submitted before the applica- tion will be considered complete. Rejection of the plat by the city council, or abandonment or withdrawal of the proposed plat by the subdivider, shall not entitle the applicant to the return ' of all or any part of the application fee. (b) The city may refer copies of the preliminary plat to other agencies and utility compa- nies for their review, comments and recommendations. (c) The planning commission shall hold a public hearing on the preliminary plat after ' notice of the date, time, place and purpose of the hearing has been published once in the ' official newspaper, and a proposed development notification sign has been erected on the subject property by the applicant, both at least ten (10) days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record within ' five hundred (500) feet of the outer boundaries of the preliminary plat. Failure to post a proposed development notification sign or to give notice or defects in the notice shall not affect the validity of the proceedings. If a development is proposed adjacent to a lake, or will affect the usage of the lake, the applicant shall provide the city with a list of property owners abutting the lake at the time of application. The city shall provide mailed notice to the lake homeowners as in compliance with the procedures above. The applicant is responsible for meeting with affected homeowners. (d) The planning commission shall make a recommendation on the preliminary plat to the city council within forty -five (45) days from the date of the opening of the public hearing, unless the applicant consents on the record to a continuance. The planning commission may recommend approval, approval subject to conditions or that the preliminary plat be denied. If denial is recommended, the reasons for that recommendation shall be stated in the record. (e) Following action by the planning commission, the city council shall consider the preliminary plat. The city council shall make its decision within one hundred twenty (120) days following receipt by the city of the properly completed application, unless the subdivider consents on the record to a continuance. The city council may: r (1) Grant approval of the preliminary plat, with or without modification or conditions; or 1001 § 18 -39 CHANHASSEN CITY CODE (2) Refer the preliminary plat to the planning commission or appropriate city staff, officers or departments for further investigation; or ' (3) Disapprove the preliminary plat. If the plat is not approved, the city council shall state the reasons for denial on the record. , (f) The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows: (1) The proposed subdivision is consistent with the zoning ordinance; (2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; , (3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and ' storm water drainage are suitable for the proposed development; (4) The proposed subdivision makes adequate provision for water supply, storm drain- , age, sewage disposal, streets, erosion control and all other improvements required by this chapter; (5) The proposed subdivision will not cause environmental damage; , (6) The proposed subdivision will not conflict with easements of record. (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage.' b. Lack of- adequat ads. c. Lack of adequate sanitary sewer systems. public cc'6 lu ` %Ts d. Lack of adequate off -site public improvements or support systems. (g) The city shall notify the applicant of the city council's action, stating the conditions of , approval or reasons for disapproval. (h) An applicant may at his own risk, apply to process the preliminary and final plats simultaneously. (Ord. No. 33 -D, § 4.1, 2- 25 -85) Sec. 1840. Same —Data required. Unless waived by the city because of the limited size and nature of the proposal, the ' following shall be furnished with a preliminary plat: (1) Identification and description: a. Proposed name of subdivision, which shall not duplicate or be similar in pronun- ciation or spelling to the name of any other plat in the county. b. Legal description. c. Names and addresses of the record owner, subdivider, land surveyor, engineer, designer of the plat, and any agent having control of the land. 1002 I (— SUBDIVISIONS § 18 -40 d. Graphic scale not less than one (1) inch to one hundred (100) feet. e. North arrow. f. Key map including area within one (1) mile radius of plat. g. Date of preparation. (2) Existing conditions: ' a. Boundary lines of proposed subdivision. b. Existing zoning classifications for land within and abutting the subdivision. c. Acreage and lot dimensions. d. Location, right -of -way width, and names of existing or platted streets; locations of parks, buildings and structures, railroad right -of -way, easements, section lines ' and corporate boundaries within the proposed subdivision and to a distance one hundred fifty (150) feet beyond. e. Boundary lines of adjoining platted or subdivided land, within one hundred fifty (150) feet, identified by name and ownership including all contiguous land owned ' or controlled by the subdivider. , 10 f. Topographic data within the property to be subdivided and one hundred (100) feet beyond the property bouupdary, showing contours as follows: two -foot inter- ' vals where slope is seven t7 percent or less; five -foot intervals where slope is from sevenXto fifteen (15) percent; ten -foot intervals where slope is greater than fifteen (15) percent. All areas of the subdivision to be platted with a slope greater than twenty -five (25) percent must be clearly indicated. However, on undevelopable sections or larger acre lots topographic data may be reduced to significant physical characteristics, such as top and toe of slope, if in the opinion of the city the area is viewed as unsuitable for future subdivision. Location and elevations of on -site and abutting water courses, lakes, wetlands, rivers, streams, and marshes at date of survey and their ordinary high water mark plus approx- imate high and low water elevations shall also be shown. Where the subdivision borders a lake, river or stream, a meander line shall be established at an elevation two (2) feet above the recorded high water elevation of the lake, river or stream. Flood plain areas, location of wooded areas, rocky outcrops, power trans- mission poles and lines and other significant physical features shall also be shown. ' g. Location, size and approximate grade of proposed public sewer and water mains. If public sewer and water are not available the developer shall provide site ' evaluation data required by "Minnesota Rules Chapter 7080 Individual Sewage Treatment Systems Standards" to determine the suitability of the site for indi- vidual sewage systems. The following data is required for review: ' 1. Location of two (2) drainfield sites. 2. Two (2) soil borings on each drainfield site for a total of four (4) soil borings per lot. 3. No percolation tests are required for slopes between zero and twelve (12) percent. One (1) percolation test per drainfield site where the land slope is between 13 and 25 percent. _ ' 1003 - § 18 -40 CHANHASSEN CITY CODE Areas where the land slope exceeds twenty -five (25) percent shall not be consid- ered as a potential soil treatment unit site. The depth of the percolation test should be determined in the field by the site evaluator. h. An accurate soil report indicating soil conditions, permeability and slope. ' i. Utilities on or adjacent to the property, including location, size and invert eleva- tion of public sanitary and storm sewers, catch basins and manholes; location and size of water mains and hydrants; location of gas mains, high pressure lines, fire hydrants, electric and telephone lines, and street lights. The direction, distance to, and size of such facilities shall be indicated. j. Location of any wetlands. ' (3) Proposed design features. a. Layout of proposed streets showing the proposed names, the right -of -way widths, centerline gradients and typical cross sections. Street names shall be assigned or approved by the city. b. Location and width of proposed pedestrian ways and utility easements. , c. Lot sizes, layout, numbers and preliminary dimensions of lots and blocks. d. Minimum building setback lines as required by the zoning ordinance. e. Areas other than streets, alleys, pedestrians ways and utility easements, in- , tended to be dedicated or reserved for public use, including the size of such areas. f. Location, size and approximate grade of proposed public sewer and water mains. If public sewer and water area not available the developer shall provide site evaluation data required by Minnesota Pollution Control Agency Individual Sewage Treatment Standards (WPC 409) to determine the suitability of the site for individual sewage systems. References shall be made to "Soil Survey: Carver (or Hennepin) County, Minnesota," U.S. Department of Agriculture, Soil Con- servation Service, and any other available sources. The data required shall be determined by the city. g. If the preliminary plat is a rearrangement of a recorded plat, the lot and block arrangement of the original plat, its original name, and all revised or vacated right -of -ways and easements shall be shown by dotted or dashed line. ' (4) Supplementary information.•� j 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. 3 b. Any proposed protective covenants. ' c. A drainage plan for the area indicating the, direction and rate of natural storm water runoff and those unaltered areas where storm water collects and perco- lates into the ground. A proposed drainage plan for the developed site indicating , the direction and rate of runoff and those areas where storm water will collect and percolate into the ground shall also be included. '+ �� 1 o f I, � r� � a _ ; -- -1 C d. A proposed finished 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. 1004 SUBDIVISIONS § 18 -41 C I e. If any zoning changes are contemplated, the proposed zoning plan for the areas. f. Where the subdivider owns property adjacent to that proposed for the subdivi- sion, 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 con- figurations, and general lot layouts. g. A soil erosion and sediment control plan. 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 mea- sures. Gradients of waterways, design of velocity and erosion control measures, and landscaping of the erosion and sediment control system shall also be shown. h. A vegetation preservation and protection plan to provide stabilization of erosion or sediment - producing areas. i. Required variances. j. Water distribution system. k. Proposals for street lighting, curb and gutters, sidewalks and boulevard improve- ments. 1. Such other information as may be requested by the city. m. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed develop- ment from abutting properties, less intensive land uses, and/or from entryway locations. Appropriate levels of resolution for the visualization shall be used from flat shading for massing studies and preliminary design to photorealistic imaging for final design. (Ord. No. 33 -D, § 59.2(7), 2- 25 -85; Ord. No. 33E, § 1, 12- 15 -86; Ord. No. 203, § 1, 5 -9 -94) Sec. 18.41. Final plat — Generally. (a) Unless otherwise provided in the development contract for phased development, within one (1) year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the application the subdivider shall submit: (1) Copies of the plat in such quantities as is required by the city; (2) Two (2) mylar copies of the plat; (3) One (1) two hundred (200) scale copy of the plat. If the final plat application is not filed within this period, the preliminary plat will be con- sidered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the city council. The application for final plat approval shall be filed at least fourteen (14) days prior to the meeting of the city council at which action is desired. Supp. No. 7 1005 § 18 -41 CRANHASSEN CITY CODE (b) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary plat as modified during final plat approval. (c) The city council shall review the final plat and shall approve or disapprove it within sixty (60) days of receipt of the completed application. (d) No final plat shall be approved by the city council until the plat is in a form acceptable for recording with the county, the proper filing fees have been paid to the city, a development contract has been signed, appropriate security has been furnished, and no other payments to the city related to the development are outstanding. 8 1 „- (e) Upon approval of the final plat by the city council, the ci all notify the applicant— of the approval and within thirty (30) days thereafterIthe applicant shall file the final plat with the county recorder, and furnish the city evidence df such recording. Failure of the applicant to comply shall be cause for revoking the city's approval. (Ord. No. 33 -D, § 4.1, 2- 25 -85) Sec. 18 -42. Same — Development contract. Before the city signs a final plat and before the developer constructs any of the required improvements set forth in section 18 -78, the developer shall enter into a development contract with the city. The contract shall delineate the conditions under which approval is given. (Ord. No. 33 -D, § 10, 2- 25 -85) Secs. 18- 43- 18.55. Reserved. ARTICLE III. DESIGN STANDARDS Sec. 18 -56. Generally. The proposed subdivision shall conform to the comprehensive plan, zoning ordinance and design handbook. The design features set forth in this article are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. (Ord. No. 33 -D, §§ 6.1, 6.9, 2- 25 -85) Sec. 18 -57. Streets. (a) Streets shall be dedicated on the plat to the public. The location and design of streets shall consider existing and planned streets, reasonable traffic circulation, topographic condi- tions, runoff of storm water, public convenience and safety and the proposed land uses of property to be served. (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 widths shall not be less than the following: i C I Supp. No. 7 1006 1 I ' (c) Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two (2) streets be less than sixty (60) degrees. Intersections having more than four (4) corners are prohibited. ' (d) A tangent of at least three hundred (300) feet shall be introduced between reverse curves on arterial and collector streets. ' (e) When connecting street lines deflect from each other at one (1) point by more than ten (10) degrees they shall be connected by a curve with a radius adequate to ensure a sight distance within the right -of -way of not less than five hundred (500) feet for arterials, three hundred (300) feet for collectors, and one hundred (100) feet for all other streets. (0 Proper design shall consider required turning radius of vehicles for access points or entrances to and from a highway using standards adopted by the state department of trans- portation. (g) All centerline grades shall be at least five- tenths percent and shall not exceed five (5) percent, for arterials and seven (7) percent for all other streets and alleys. Whenever possible, grades within thirty (30) feet of intersections or railroad crossings shall not exceed three (3) percent. ' (h) Different connecting street grades shall be connected with vertical curves. Minimum length, in feet, of the vertical curves shall be twenty (20) times the algebraic difference in the ' percentage of grade of the two (2) adjacent slopes. (i) Local streets shall have a centerline offset of not less than three hundred (300) feet. Offset intersections shall be avoided. ' 0) The alignment shall discourage through traffic. 1 Supp. No. 7 1007 SUBDIVISIONS § 18 -57 Right- of-Way Pavement ' Widths Width Street Classifications (feet) (feet) Minor arterial 100 36 to 44 ' Collector 80 36 Local street 60 24 (rural residential) ' Local street 60 28 to 32 (urban residential) ' Local street 60 36 (commercial /industrial) Cul -de -sac, turnaround radius 60 42 ' (urban /residential) Cul -de -sac, turnaround radius 60 40 (rural residential) ' Cul -de -sac, turnaround radius 60 48 (commercial/industrial) ' (c) Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two (2) streets be less than sixty (60) degrees. Intersections having more than four (4) corners are prohibited. ' (d) A tangent of at least three hundred (300) feet shall be introduced between reverse curves on arterial and collector streets. ' (e) When connecting street lines deflect from each other at one (1) point by more than ten (10) degrees they shall be connected by a curve with a radius adequate to ensure a sight distance within the right -of -way of not less than five hundred (500) feet for arterials, three hundred (300) feet for collectors, and one hundred (100) feet for all other streets. (0 Proper design shall consider required turning radius of vehicles for access points or entrances to and from a highway using standards adopted by the state department of trans- portation. (g) All centerline grades shall be at least five- tenths percent and shall not exceed five (5) percent, for arterials and seven (7) percent for all other streets and alleys. Whenever possible, grades within thirty (30) feet of intersections or railroad crossings shall not exceed three (3) percent. ' (h) Different connecting street grades shall be connected with vertical curves. Minimum length, in feet, of the vertical curves shall be twenty (20) times the algebraic difference in the ' percentage of grade of the two (2) adjacent slopes. (i) Local streets shall have a centerline offset of not less than three hundred (300) feet. Offset intersections shall be avoided. ' 0) The alignment shall discourage through traffic. 1 Supp. No. 7 1007 (1) The common sections of a private street serving 2 units or more in the A -2, RR, RSF, § 18 -57 CHANHASSEN CITY CODE ' (k) The maximum length of a street terminating in a cul -de -sac shall be determined as a function of the expected development density along the street, measured from the centerline ' of the street of origin to the end of the right -of -way. ' (1) Where a proposed subdivision is adjacent to a limited access highway, arterial or , collector street, there shall be no direct vehicular or pedestrian access from individual lots to , such highways or streets. To the extent feasible access to arterial streets shall be at intervals of not less than one- fourth mile and through existing and established crossroads. Access along collector streets will be restricted and controlled on the final plat. , (m) Half streets shall be prohibited except where it will be practical to require the dedi- cation of the other half when the adjoining property is subdivided, in which case the dedication ' of a half street may be permitted or required. The probable length of time elapsing before dedication of the remainder shall be a factor considered in making this determination. (n) Public streets to be constructed in subdivisions located inside the metropolitan urban service area line, as identified in the city comprehensive plan shall be constructed to urban standards as prepared by the city engineer's office. Streets to be constructed in subdivisions located outside the metropolitan urban service area shall conform to the rural standard re- ' quirements as prepared by the city engineer's office. The construction of private streets are prohibited except as specified in section 18- 57(0). (o) Private streets maybe permitted in business, industrial, office, R -8, R -12, and R -16. Up to four (4) lots in the A -2, RR, RSF, and R4 districts may be served by a private street if the city finds the following conditions to exist: ' (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 forested areas. ' 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 2 units or more in the A -2, RR, RSF, and R4 districts must be built to a seven -ton design, paved to a width of twenty (20) ' feet, utilize a maximum grade of ten (10) percent, and provide a turnaround area acceptable to the fire marshal based'upon guidelines provided by applicable fire codes. Private streets serving R -8, R -12, and R -16, shall be built to a seven -ton design, paved ' a minimum width of twenty -four (24) feet, utilize a maximum grade of ten (10) per- cent, and provide a turnaround acceptable to the Fire Marshal based on applicable fire Private business, industrial districts be , codes. streets serving and office shall Supp. 7 1008 1 SUBDIVISIONS § 18 -58 , C built to a nine -ton design, paved a minimum width of twenty -six (26) feet, utilize a _ ' maximum grade of ten (10) percent, and provide a turnaround area acceptable to the ` fire marshal based on guidelines provided by applicable fire codes. Plans for the street v shall be submitted to the city engineer. Upon completion of the driveway, the appli- cant 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 twenty -four _= (24) hours of a snowfall greater than two (2) inches. Covenants concerning mainte- nance shall be filed against all benefitting 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, } f 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 Minne- Statutes 429.101, Subdivision 1(C). sota section (4) The private street shall be provided with adequate drainage facilities to convey storm ' runoff which may require hydrologic calculations for a ten -year storm should be included. In the R -8, R -12, R -16, business, industrial, and office districts, these im- provements 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. - -- c (6) The private street shall be designed to minimize impacts upon adjoining parcels. The C city may require revised alignments and landscaping to minimize impacts. An erosion �E control plan should be completed and approved prior to construction. s . (7) The private street in the A -2, RR, RSF, and R -4 districts, must be located within a strip f property at least thirty (30) feet wide extending out to the public right-of-way P P P Y Y g P g Y or covered by a thirty -foot wide easement that is permanently recorded over all benefitted and impacted parcels. Private streets serving R -8, R -12, R -16, business, _ industrial and office districts must be located within a strip of property at least fort > P P P Y Y (40) feet wide extending out to the public right -of -way or covered by a forty foot wide _, <a ' easement that is permanently recorded over all benefitted and impacted parcels. ?� (8) Maintenance and repair of utilities located within the private driveway easement shall be the responsibility of the benefiting property. - c (p) Private reserve strips controlling public access to streets shall be prohibited. o (Ord. No. 33 -D, § 6 -2, 2- 25 -85; Ord. No. 125, § 1, 3- 26 -90; Ord. No. 135, §§ 1, 2, 12- 10 -90; Ord. _- ' No._ 209, § 1, 6-27-94 - Sec. 18.58. Alleys: .�! Alleys are prohibited except for fire lanes in commercial and industrial developments. ' (Ord. No. 33 -D, § 6.3, 2- 25 -85) or (1 0, P 1) C, 1 1�_, r I ' Supp. No. 7 1009 14 -5 1 SENSITIVE AREA OVERLAY (c) Flag Lots - Dimensions. In order to encourage the more efficient use of land, flag or L- shaped lots may be allowed ' subject to the following conditions: (1) A flag or L- shaped lot shall be comprised of a staff portion contiguous with the flag portion thereof. ' (2) That staff portion of said lot shall front on and be contiguous to a dedicated public street or private ' street. The minimum width of the staff portion of flag lots shall be 20 feet and the maximum length shall be 220 feet unless otherwise approved by the Planning Commission and Fire Department. ' A. No building or construction, except for driveways, shall be allowed on the staff portion of said lot ' unless the minimum width thereof is the same or greater than the minimum width for a lot as allowed in the underlying zone (excluding entrance features and street lights). B. The front side of the flag portion of said lots shall be deemed to be that side nearest to the , dedicated public street or private street upon which the staff portion fronts. , C. The staff portion of said lots shall be deemed to end and the flag portion of said lots shall be deemed to commence at the extension of the front lot line. ' D. The square footage located in the flag portion of said lot, which shall be exclusive of the square ' footage located in the staff portion of said lot, shall be the same or greater than the minimum square footage as required in the underlying zone. ' E. The side and rear yard requirements of the flag portion of said lots shall be the same as is required in the underlying zone. ' F. The minimum front setback requirements for all buildings shall be 30 feet, excluding the staff, from the front lot line of the flag portion thereof. Setbacks shall be those on the underlying zone. , G. No more than two flag lots can be served by one staff portion of said lots. ' H. All flag lots in the development site shall be approved in the site plan by the Planning Commission. ' 14 -5 1 § 18 -59 CHANHASSEN CITY CODE r Sec. 18 -59. Blocks. The length and width of blocks shall be sufficient to provide convenient and safe access, circulation, control and street design. Blocks shall not be longer than one thousand eight ' hundred (1,800) feet, or shorter than three hundred (300) feet except where topography of surrounding development limits ability to strictly comply or as specifically approved by the city council to foster innovative design consistent with sound planning principles. Pedestrian ways may be required on blocks longer than nine hundred (900) feet or in other areas to provide access to schools, parks and other destination points. Easements for pedestrian ways shall be at least twenty (20) feet wide and shall be located to minimize intersections with streets. (Ord. No. 33 -D, § 6.4, 2.25 -85) ' Sec. 18 -60. Lots. (a) All lots shall abut for their full required minimum frontage on a publicly dedicated street as required by the zonin ordinance or on a private driver �, ' 0( a v i!a 01 - (0}�z'. (b) Side lines of lots shall be substantially at right angles to straight street lines or substantially radial to curved street lines. ' (c) Lots shall be graded to drain away from building locations. (d) Lots shall be placed to preserve and protect natural amenities, such as vegetation, ' wetlands, steep slopes, water courses and historic areas. (e) Lot remnants are prohibited. ' (0 Street arrangements for the proposed subdivision shall not cause undue hardship to owners of adjoining property in subdividing their own land. ' (g) Double frontage lots with frontage on two (2) parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. Such lots shall have an additional depth of at least ten (10) feet to accommodate vegetative screening along the ' back lot line. Wherever possible, structures on double frontage lots should face the front of existing structures across the street. If this cannot be achieved, then such lots shall have an additional depth of ten (10) feet to accommodate vegetation screening along the back lot line. (h) Lot layouts should take into consideration the potential use of solar energy design features. (Ord. No. 33 -D, § 6.5, 2- 25 -85) ' Sec. 18 -61. Landscaping and tree reservation requirements. p g p q nts. ' (a) Required landscapinglresidential subdivision. (1) Each lot shall be provided with a minimum of one (1) tree to be placed -in the front ' yard. The type of tree shall be subject to city approval. (The city will provide a list of species). Coniferous trees must be at least six (6) feet high and deciduous trees must I Supp. No. 7 1010 DEFINITIONS TO BE ADDED Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water. It shall include, but not be limited to, gravel driveways, parking area, buildings and structures. Light Industrial - The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment or research activities entirely within an enclosed structure, with no outdoor storage. There shall be negligible impact upon the surrounding environment by ' noise, vibration, smoke, dust or pollutants. Office - Professional and business office, non - retail activity. Used for conducting the affairs I of a business profession, service, industry or government. Home Occupation - An occupation, profession, activity or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Vocational School - Establishments primarily engaged in offering specialized vocational courses, including schools such as banking, commercial art, construction equipment, correspondence schools, nursing schools, real estate schools, restaurant operation, trade schools and truck driving schools. J L' L I � I Art. Art. Art. Art. I. H. III. IV. Art. V. Art. VI. 1 Art. Art. Art. Art. Art. Art. Art. Art. Art. 1 Chapter 20 ZONING* In General, §§ 20- 1 -20 -25 Administration and Enforcement, §§ 20- 26- 20.200 Div. 1. Generally, §§ 20- 26 -20 -40 Div. 2. Amendments, §§ 20- 41 -20 -55 Div. 3. Variances, §§ 20- 56 -20 -70 Div. 4. Nonconforming Uses, §§ 20- 71 -20 -90 Div. 5. Building Permits, Certificates of Occupancy, Etc., §§ 20 -91 -20 -105 Div. 6. Site Plan Review, §§ 20- 106 -20 -200 Zoning Districts Generally and Zoning District Map, §§ 20. 201 -20 -220 Conditional Uses, §§ 20- 221 -20 -325 Div. 1. Generally, §§ 20- 221 -20 -230 Div. 2. Conditional Use Permits, §§ 20- 231 -20 -250 Div. 3. Standards for Agricultural and Residential Districts, §§ 20 -251- 20 -280 Div. 4. Standards for Business, Office, Institutional and industrial Dis- tricts, §§ 20- 281 -20 -325 Flood Plain Overlay District, §§ 20- 326 - 20.400 Div. 1. Generally, §§ 20- 326 -20 -345 Div. 2. General Flood Plain District, §§ 20- 346 -20 -365 Div. 3. Floodway District (FW), §§ 20- 366 -20 -375 Div. 4. Flood Fringe District (FF), §§ 20- 376 -20 -400 Wetland Protection, §§ 20- 401 -20 -475 Div. 1. Generally, §§ 20- 401 -20 -420 Div. 2. Wetland Alteration Permit, §§ 20- 421 -20 -475 Pt. A. General Provisions, §§ 20- 421 -20 -435 Pt. B. Issuance Guidelines, §§ 20- 436 -20 -475 Shoreland Management District, §§ 20. 476 -20 -500 Planned Unit Development District (PUD), §§ 20. 501 -20 -550 Div. 1. Generally, §§ 20- 501 -20 -515 Div. 2. Procedures, §§ 20- 516 -20 -550 "A -1" Agricultural Preservation District, §§ 20- 551 -20 -570 "A -2" Agricultural Estate District, §§ 20- 571 -20 -590 "RR" Rural Residential District, §§ 20- 591 - 20.610 "RSF" Single- Family Residential District, §§ 20. 611 -20 -630 "R -4" Mixed Low Density Residential District, §§ 20- 631 - 20.650 "R -8" Mixed Medium Density Residential District, §§ 20. 651 -20 -670 High Density Residential Districts, §§ 20- 671 -20 -690 Div. 1. "R -12" District, §§ 20- 671 -20 -679 Div. 2. "R -16" District, §§ 20- 680 -20 -690 "BN" Neighborhood Business District, §§ 20. 691 -20 -710 "BH" Highway and Business Services Districts, §§ 20- 711 -20 -730 VII. VIII. Ix. X. XI. XII. XIII. XIV. XV. ' Art. XVI. Art. XVII. *Cross references — Buildings and building regulations, Ch. 7; planning and develop- ment, Ch. 15; use of official maps, § 15 -20; subdivisions, Ch. 18. State law reference — Municipal planning and zoning, M.S. § 462.351 et seq. Supp. No. 7 1141 § 20 -1 CHANHASSEN CITY CODE Art. XVIII. "CBD" Central Business District, §§ 20- 731 -20 -750 Art. XIX. "BG" General Business District, §§ 20- 751 -20 -770 Art. XX. "BF" Fringe Business District, §§ 20.771 - 20.790 ' Art. XII. "OI" Office and Institutional District, §§ 20- 791 -20 -810 Art. XXII. "IOP" Industrial Office Park District, §§ 20. 811 -20 -900 Art, XXIII. General Supplemental Regulations, §§ 20- 901 -20 -1100 Div. 1. Generally, §§ 20- 901 -20 -950 Div. 2. Performance standards, §§ 20- 951 -20 -975 Div. 3. Home Occupations, §§ 20- 976 -20 -1000 Div. 4. Animals, §§ 20- 1001 -20 -1015 ' Div. 5. Fences and Walls, §§ 20- 1016 -20 -1040 Div, 6. Wind Energy Conversion Systems, (WECS), §§ 20- 1041 -20 -1100 Art. XXIV. Off- Street Parking and Loading, §§ 20- 1011 -20 -1175 ' Div. 1. Generally, §§ 20- 1101 -20 -1115 Div. 2. Parking and Loading, §§ 20- 1116 -20 -1140 Div. 3. Off-Street Loading and Trash Removal Areas, §§ 20- 1141 -20 -1175 Art. XXV. Landscaping and Tree Removal, §§ 20- 1176 - 20.1250 ' Div. 1. Generally, §§ 20 -1176, 20 -1177 Div. 2. Tree Preservation, § 20 -1178 Div. 3. Landscaping Standards, §§ 20- 1179 -20 -1183 , Div. 4. Maintenance and Installation, §§ 20- 1184 -20 -1250 Art. X_ VX . Signs, §§ 20- 1251 -20 -1350 Div. 1. Generally, §§ 20- 1251 -20 -1300 Div. 2. Signs Allowed In Specific Districts By Permits, §§ 20- 1301 -20 -1350 ' Art. XXVII. Mineral Extraction, §§ 20- 1351 -20 -1399 .A-•t. XXVIII. Bluff Protection, §§ 20. 1400 -20 -1449 Art. XXX. Highway Corridor Districts, §§ 20- 1450 - 20.1454 1 ARTICLE I. IN GENERAL Sec. 20 -1. Definitions. ' The following words, terms and phrases, when used in this chapter, shall have the mean- , ings ascribed to the in this section, except where the context clearly indicates a different meaning: Accessory use or structure means a use or structure subordinate to and serving the prin- cipal use or structure on the same lot and clearly and customarily incidental thereto. Agriculture means the commercial use of land for raising of livestock and poultry, growing ' and producing of fruits, vegetables, field crops and nursery stock, including tree farms and choose - and -cut Christmas tree sales. The term does not include the commercial raising of fur - bearing animals, nor the operation of riding academies, commercial stables or kennels. Alley means a public right -of -way that is used primarily for secondary vehicular service access to the back or the side of properties abutting on a street. ' Supp. No. 7 1142 1 ZONING § 20 -1 Alteration means any change or rearrangement, other than incidental repairs, in the supporting members of an existing building, such as bearing walls, columns beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one (1) location to another. Animal feedlot means land or buildings used for the confined feeding, breeding, raising or holding of livestock and poultry where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Pastures are not considered animal feedlots. Arboretum means a place where plants, trees, and shrubs are cultivated for scientific and educational purposes. Arterial street means a street or highway with access restrictions designed to carry large values of traffic between various sectors of the city or county and beyond. [Auto service center] means an integrated group of commercial establishments or single establishments planned, developed, and managed as a unit with off - street parking provided on site and providing uses engaged primarily in the supplying of goods and services generally required in the operation and maintenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive accessories, replacement items, washing and lubri- cating services, and the performance of minor automotive maintenance and repair. This does not include major body repair where it is necessary to provide long term storage of cars and body parts. Bed and breakfast means an owner- occupied single - family home in which not more than five (5) rooms are rented on a nightly basis for a period of seven (7) or less consecutive days by the same person. Meals may or may not be provided to residents and overnight guests. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a waterway or any other barrier to the continuity of development. Bluff means a natural topographic feature such as a hill, cliff, or embankment having the following characteristics: (1) The slope rises at least twenty -five (25) feet above the toe of the bluff; and (2) The grade of the slope from the toe of the bluff to a point twenty -five (25) feet or more above the toe of the bluff averages thirty (30) percent or greater. (3) An area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff. Bluff impact zone means a bluff and land located within twenty (20) feet from the top of a bluff. Boarder means an individual other than a member of the family occupying the dwelling unit or part thereof who for a consideration is furnished meals or other services. Supp. No. 7 1143 § 20 -1 CHANHASSEN CITY CODE Boardinghouse means a dwelling or part thereof in which lodging is provided by the owner or operator to three (3) or more boarders. Boathouse means a structure designed and used solely for the storage of boats or boating equipment. ' Buffer strip means an area of nondisturbed ground cover abutting a wetland left undis- turbed to filter sediment, materials, and chemicals. Buildable area means the area of a lot remaining after the minimum yard and open space ' requirements of this chapter have been met. Building coverage means the horizontal area from the outside edge of the exterior walls of the ground floor of all principal and accessory buildings on a lot. Building height means the vertical distance between the highest adjoining ground level at the building or ten (10) feet above the lowest ground level, whichever is lower, and the highest ' point of a flat roof or average height of the highest of the highest gable of a pitched or hipped roof. Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. �1 Building, principal means a building in which is conducted the primary or predominant use of the lot. Building setback line means a line on a lot, generally parallel to a lot line, high water mark, shoreline or road right -of -way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building setback lines delimit the area in which buildings and other regulated structures are permitted subject to all applicable provisions of ' this chapter. Canopy coverage shall mean the area on a horizontal plane that is located under the crowns of all the trees on the site. Church means a building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. A church may include living quarters for persons employed on the premises and classroom facilities. The ' following are not considered as churches: Camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat houses, sleeping quarters for retreatants during spiritual re- treats extending for periods of more than one (1) day. Bible camps with live -in quarters, ' publishing establishments, ritual slaughter houses, radio or television towers and transmis- sion facilities, technological seminaries, day care centers, hospitals, and drug treatment cen- ters are not churches. Clear - cutting means the removal of an entire stand of trees. Collector street means a street that carries traffic from minor streets to arterial streets. Supp. No. 7 1144 1 ZONING § 20 -1 Commissioner means the commissioner of the department of natural resources. ' Conferencelconvention center means a preplanned, centrally managed development con- taining facilities for business or professional conferences and seminars and containing accom- modations for overnight lodging, eating and recreation. The development is characterized by architecturally integrated buildings, common use of parking areas, and incorporation of passes recreational amenities into overall site design. ' Conforming building or structure means any building or structure which complies with all the regulations of this chapter, or any amendment thereto. ' Contractor's yard means any area or use of land where vehicles, equipment, and/or con- struction materials and supplies commonly used by building, excavation, roadway construc- tion, landscaping and similar contractors are stored or serviced. A contractor's yard includes ' both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. ' Convenience store means a retail establishment which generally sells a limited range of food products, nonprescription drugs, candy and other perishable goods. This includes soda and similar beverage dispensing and food products, which can be heated and/or prepared onsite, ' and has over four hundred (400) square feet of floor area for retailing o nonautomotive goods. Convenience store with gas pumps means a retail establishment which generally sells gasoline from pump islands and a limited range of food products, nonprescription drugs, candy and other perishable goods. This includes soda and similar beverage dispensing and food products which can be heated and/or prepared onsite, and has over four hundred (400) square feet of floor area for retailing of nonautomotive goods. Critical root zone means an area twelve (12) times the tree diameter at DBH measured from the base of the tree. ' Cul -de -sac means a minor street with only one (1) outlet and having an appropriate turn - around for the safe and convenient reversal of traffic movement. ' Day care center means any facility or home where tuition, fees or other forms of compen- sation is charged for the care of children and which is licensed by the state as a day care center. ' DBH means diameter measured at breast height (4.5 feet above the ground). Deck means a horizontal, unenclosed platform with or without attached railings, seats, ' trellises, or other features, attached or functionally related to a principal use or site. Density, net means the quotient of the total number of dwelling units divided by the developable acreage of the site. Developable acreage excludes wetlands, lakes, roadways, and ' other areas not suitable for building purposes. Designated woodland area means an area within a development that has been designated ' in the woodland management plan as a tree preservation, forestation or replacement planting area. Supp. No. 7 1145 7 § 20 -1 CHANHASSEN CITY CODE Development means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining excavation, landfill or land disturbance, and any use or extension of the use of land. Dock means a wharf, pier, or other structure constructed or maintained, whether floating or not, including all "L's," "T's" or posts which may be a part thereof, whether affixed or adjacent to the principal structure. Dock crossbar means that portion of any "L" shaped or "T" shaped dock which is approx- imately parallel in alignment to the adjoining shoreline or ordinary high water mark. Dock setback zone means the area inside and running parallel to and ten (10) feet from the extended lot lines of a lot abutting a lake. "Extended lot lines" means an extension of the side lot lines one hundred (100) feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high water mark. If the extended lot lines of adjoining lots overlap, then the common extended lot line between the lots shall be at an angle which equally divides the area of overlap. Drive -in use means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicle. This term includes having "drive -thru" windows. Dwelling means a building or portion thereof designed, occupied or intended to be occupied exclusively for residential purposes, but not including hotels, motels, nursing homes, travel trailers, motorhomes or bed and breakfast tourist homes. Dwelling unit means one (1) or more rooms which are connected together constituting complete, separate and independent living quarters, physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. Dwelling, multi - family means a detached building containing three (3) or more dwelling units. Apartment buildings, condominiums, manor homes, quad - duplexes, and cooperatively owned buildings containing three (3) or more dwelling units are multi - family dwellings. Dwelling, single - family means a detached building containing one (1) dwelling unit. Dwelling, two - family means a detached building containing two (2) dwelling units. Easement means a right afforded a person or governmental /public unit to use another's real property for a specific purpose. Easement, conservation means an easement created where restrictions are imposed on the development or alteration of property to preserve natural features. Supp. No. 7 1146 r vegetables and nursery stock for subsequent sale or for seasonable enjoyment I Supp. No. 7 1147 ZONING § 20 -1 Facade means that portion of any exterior elevation of a building exposed to public view ' extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. Family means an individual living alone, or two (2) or more persons related by blood, marriage or law, or a group of not more than five (5) persons (excluding servants) who need not be so related, living together in a dwelling unit. ' Fence means a structure serving as an enclosure, barrier, or boundary, usually made of posts, chain link, masonry, boards, rails or other materials. ' Flood fringe means that portion of a floodplain outside the floodway. Floodplain means the land adjacent to a body of water which has been or may be hereafter covered by flood water, including that land covered by the regional flood. The floodplain ' consists of the floodway and the flood fringe area. Flood, regional means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency once every one hundred (100) years. Floodway means the minimum channel of a watercourse and those portions of a floodplain adjoining the channel that are reasonably required to discharge the regional flood. Floor area means the sum of the gross horizontal areas of the several floors of a building ' measured from the exterior faces of the exterior walls or from the centerline of walls sepa- rating two (2) buildings. The floor area of a building shall include basement floor area, pent- houses, attic space having headroom of seven (7) feet or more, interior balconies and mezza- nines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to mechanical equipment, stairwells, elevators shafts, parking or loading shall not be included in the floor area. ' Floor area ratio (F.A.R.) means the numerical value obtained by dividing the floor area of all buildings on a lot by lot area. ' Garage means a structure which may or may not be attached to the principal structure used primarily for the enclosure of personal vehicles. Garden center means a place of business where retail and wholesale products and produce ' are sold to the retail consumer. These centers, which may include a nursery and/or green- houses, import most of its items sold. These items may include paints, handicrafts, nursery products and stock, fertilizers, potting soil, hardware, lawn and garden power equipment and ' machinery, hoes, rakes, shovels and other garden and farm tools and utensils. Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure or the degree of use or descent of a sloping surface, expressed in percentage terms. ' Greenhouse means a building used for the cultivation or protection of plants, flowers, vegetables and nursery stock for subsequent sale or for seasonable enjoyment I Supp. No. 7 1147 0 § 20-1 CHANHASSEN CITY CODE ' Group home means a state - licensed residential facility where persons reside for purposes ' of rehabilitation, treatment, or special care. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or dependency. ' Habitat evaluation procedures (HEP) is a species- habitat data management system for impact assessment developed by the U.S. Fish and Wildlife Service. Its purpose is to document , predicted impacts to fish and wildlife from proposed land and water resource development projects. Habitat quality for selected key species is described by an index, the Habitat Suit- ability Index (HSI). ' Habitat suitability index (HSI) is a fish or wildlife species - specific index value rating the ability of key habitat components to supply essential life requirements for the species. Index value ranges between 0 to 1.0. ' Habitat units (HU). Habitat suitability (HSI) multiplied by the area of habitat being evaluated. HU's are used for comparing habitat quality from one wetland to the next or for ' measuring the effectiveness of mitigation. HU's integrate both quality and quantity of hab- itat. Hardship the that term is defined in Minnesota Statutes, Chapter 462. ' means same as Health care facility means a state - certified or licensed facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diag- nostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility serving ' one (1) or more such institutions but excluding institutions that provide healing solely by prayer. ' Health services means establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, out - patient care facilities, blood banks, and , oxygen and miscellaneous types of medical supplies and services. Home improvement trades means carpenter shops, interior decorating, painting and paper hanging shops, furniture upholstering and similar enterprises; but not including contractor's ' yards. Home occupation means -any occupation birsinegs, or profession carried - r—b - awe ' sident , and conducted as an accessory use in the resident's dwelling unit. fl l- Hotel means a facility offering transient lodging accommodations to the general public ' and which may provide additional services such as restaurants, meeting rooms and recre- ational facilities and where access to individual rooms is provided through an indoor lobby or office. ' Supp. No. 7 1148 ' i ZONING § 20 -1 Household pet means a dog or cat, regardless of weight, or an animal not exceeding forty (40) pounds in weight that is usually and customarily considered a pet. rr �-�( i,1, (.: ntehsive vegetation clearing means the complete removal of trees or shrubs in a contig- /uous patch, strip, row, or block. t i ° 1 Interim use means a temporary use of property until a particular date, until the occur - rence of a particular event, or until zoning regulations no longer permit it. Junkyard means an area, lot, parcel, building or structure or part thereof where used, waste discarded or salvaged materials are bou ht sold exchan ed stored ab nd d bal d g , g , , a one, e, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other ' metals, glass, paper, rags, rubber products, tires, bottles, building materials, vehicle parts, household appliances, brush and lumber. A junkyard includes an automobile wrecking dis- mantling yard, but does not include accessory uses established in conjunction with a permitted manufacturing process when conducted within an enclosed area or building. The storage of unlicensed and /or inoperable motor vehicles for a period in excess of thirty (30) days shall also ' be considered a junkyard. Kennel, commercial means an establishment in which dogs, cats, or other domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained, or sold for ' gain. ' Kennel, private means any place where three (3) or more dogs or cats over one (1) year of age are kept or harbored, such animals being owned by the owner or lessee of the premises wherein or whereupon the animals are kept or harbored. ' Lakeshore site means any lot of record which abuts any body of public water. Landscape means all forms of planting and vegetation, ground forms, rock groupings, ' water features and patterns, and all visible construction except buildings and site furnishings. Living area means the area of a dwelling including, but not limited to, bedrooms, bath- ' rooms, kitchens, living rooms, and dining rooms, but excluding garages. Loading space means an off-street space or berth designed and used for the loading or unloading of commercial vehicles. ' Loss trees that following of means any of the may have happened: ' (1) Grade change or land alteration, whether temporary or permanent, of greater than one (1) foot, measured vertically from the existing grade, affecting forty (40) percent (as measured on a horizontal plane) or more of a tree's critical root zone; or ' (2) Utility construction resulting in the cutting of forty (40) percent or more of the tree's roots within the critical root zone; or ' (3) Mechanical injury to the tree trunk causing loss of more than forty (40) percent of the bark; or ' Supp. No. 7 1149 § 20 -1 CHANHASSEN CITY CODE (4) Compaction to ninety (90) percent of standard proctor to a depth of six (6) inches or more of forty (40) percent or more of the surface of the soil within the tree's critical root zone; or (5) The pruning of a tree which eliminates forty (40) percent or more of the canopy area of a tree; or (6) The complete removal of a tree. Lot means a separate parcel, tract, or area of land undivided by any public street or approved private road, which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which is occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this chapter for such building, use or development. Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the waters of lakes or rivers or by street rights -of -way. Lot, corner means a lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty -five (135) degrees. Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot. The greater frontage of a corner lot is its depth, and its lesser frontage is its width. Lot, double frontage means a lot which fronts upon two (2) parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot. On a double frontage lot, both street lot lines shall be deemed front lot lines. Lot frontage means the lot width measured at the front lot line. Lot, interior means a lot other than a corner lot. Lot line means a line of record bounding a lot which divides one (1) lot from another lot or from a street right -of -way or any other public space. Lot line, front means the lot line separating a lot from a street right-of-way. In the case of a corner lot it shall be the lot line with the shortest dimensions on the street. Lot line, rear means the lot line which is parallel to and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line twenty (20) feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front lot line. Lot line, side means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. Supp. No. 7 1150 r ZONING § 20 -1 Lot of record means any legally recorded lot which at the time of its recordation complied with all applicable laws and ordinances. Lot, riparian means any lot within seventy -five (75) feet of the ordinary high water mark of a lake, pond or wetland. Lot width means the shortest distance between lot lines measured at the midpoint of the building line. Lot, zoning means a single tract of land which consists of one (1) or more lots of record and which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a separate unit under single ownership or control. A zoning lot may or may not coincide with a single lot of record, but in no case shall a zoning lot include only a portion of a lot of record. Manufactured dwelling means a factory-built structure which is transportable in one (1) or more sections on its own running gear or chassis, and which is equipped with necessary utility service connections and designed to be used for single - family occupancy with or without a ' permanent foundation. Such dwellings measure twenty (20) feet or more in width and forty (40) feet or more in length, exclusive of supporting members or hitches. L L Mini - warehouse means a building or group of buildings in a controlled- access, screened and secured fenced compound that contains varying sizes of individual, compartmentalized, and controlled- access storage spaces of varying sizes which are leased or rented on an indi- vidual basis. Minor street means a street of limited continuity which is used primarily for access to abutting properties. Mooring area means an area located upon any body of public water used for the mooring of watercraft. Docks are not considered mooring areas. Motel means a commercial establishment providing transient accommodations to the general public containing rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Motor freight terminal means a building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to tranship- ment. Motor fuel and service station means a retail place of business engaged in the sale of motor vehicle fuels and services, but may also engage in supplying a limited amount of related goods. In no case shall the space for the retailing of related goods exceed four hundred (400) square feet. All services are to be performed within enclosed service bays. Nech lot /flag lot means a lot that does not provide the full required frontage on a public right -of -way, but rather is served by a narrow "neck" of land that extends to the street. To meet the definition the neck must be at least thirty (30) feet wide. Supp. No. 7 1151 § 20 -1 CHANHASSEN CITY CODE Nonconforming lot. A lot that does not comply with the requirements of this chapter but which did comply with applicable ordinance requirements at the time the lot was created. ' Nonconforming structure. Any building or structure that does not comply with the re- quirements of this chapter but which did comply with applicable ordinance requirements at the time it was constructed or put in place. ' Nonconforming use. A use of land that does not comply with the requirements of this chapter but which did comply with applicable ordinance requirements at the time the use was , established. Nursery means an enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items directly related to their care and maintenance (but not ' including power equipment such as gas or electric lawnmowers and farm implements). Nursing home means an extended or intermediate care facility licensed by the state to ' provide full -time convalescent or chronic care to individuals who by reason of advanced age, chronic 41ness or infirmity are unable to care for themselves. Ordznaiy`I igh water mark or level means the boundary of p`�u lic waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation ' of the normal summer pool. Outdoor storage means the storage of any goods, junk equipment, fuel, materials, mer- chandise, supplies or motor vehicles not fully enclosed in a building for more than a twenty - four -hour period. Outlot means a platted lot to be developed for a use which will not involve a building or ' which is reserved for future replatting before development. Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. ' Platting authority means the city council. Power substation means a facility comprising of transmission towers, transformers, power ' equipment, and structures necessary to house such equipment. Premises means a lct, parcel, tract or plat of land together with the building and struc- tures thereon, Principal structure. The main building as distinguished from an accessory building or I structure. Private street means a street serving as vehicular access to two (2) or more parcels of land I which is not dedicated to the public but is owned by one (1) or more private parties. Supp. No. 7 1152 1 ' (4) All waterbasins previously designated by the commissioner of natural resources for management for a specific purpose such as trout lakes and game lakes pursuant to ZONING § 20 -1 ' (5) All waterbasins designated as scientific and natural areas; Processing means the crushing, washing, compounding or treating of rock, sand, gravel, ' clay, silt or other like material. Public land means land owned and/or operated by a governmental unit. ' Public waters means and shall be limited to the following waters of the state: ' (1) All waterbasins assigned a shoreland management classification by the commissioner ' of natural resources; (2) All waters of the state which have been finally determined to be public waters or ' navigable waters by a court of competent jurisdiction; (3) All meandered lakes, except for those which have been legally drained; ' (4) All waterbasins previously designated by the commissioner of natural resources for management for a specific purpose such as trout lakes and game lakes pursuant to applicable law. ' (5) All waterbasins designated as scientific and natural areas; (6) All waterbasins located within and totally surrounded by publicly owned lands; ' (7) All waterbasins where the state or the federal government holds title to any of the beds or shores, unless the owner declared that the water is not necessary for the purposes of the public ownership; ' (8) All waterbasins where there is publicly owned and controlled access which is intended to provide for public access to the waterbasins; and (9) All natural and altered natural watercourses with a total drainage area greater than two (2) square miles, except that trout streams officially designated by the commis- sioner of natural resources shall be public waters regardless of the size of their ' drainage area. The public character of water shall not be determined exclusively by the proprietorship of ' the underlying, or surrounding land or by whether it is a body or stream of water which was navigable in fact or susceptible of being used as a highway for commerce at the time this state was admitted to the union. ' Recreational beach lot means land abutting public water which serves as a neighborhood recreational facility for the subdivision of which is a part. Recreational vehicle means a vehicle or vehicular unit which can be driven, towed or hauled, and which is primarily designed as a temporary living accommodation for recreational camping and travel use. Recreational vehicles include travel trailers, camping trailers, truck ' campers, and self - propelled motor homes. ' Rehabilitation means to renew the land to a self - sustaining, long -term use which is com- patible with contiguous land uses in accordance with the standards set forth in this chapter. I Supp. No. 7 1153 § 20 -1 CHANHASSEN CITY CODE Restaurant, fast food means an establishment whose principal business is the sale of food and /or beverages in a ready -to- consume state for consumption: (1) Within restaurant building; (2) Within a motor vehicle parked on the premises; or (3) Off the premises as carry-out orders; and whose principal method of operation includes the following characteristics: (a) Food and/or beverages are usually packaged prior to sale and are served in edible containers or in paper, plastic, or other disposable containers; (b) The customer is not served food at his table by an employee, but receives it at a counter window, or similar facility and carries it to another location on or off the premises for consumption. Restaurant, standard means an establishment whose principal business is the sale of food and/or beverages to customers in a ready -to- consume state, and whose principal method of operation includes one (1) or both of the following characteristics: (1) Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed- (2) A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. Roadside stand means a stand located adjacent to public right -of -way for the sale of agricultural produce. Satellite dish means a combination of. (1) Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; (2) A low -noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and (3) A coaxial cable whose purpose is to carry the signals into the interior of the building. Satellite dish height means the height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to ground level. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback means the minimum horizontal distance between a structure and the nearest property line or roadway easement line; and, within shoreland areas. Setback also means the minimum horizontal distance between a structure or sanitary facility and the ordinary high water mark. Supp. No. 7 1154 H r G ZONING § 20 -1 Sewage treatment system means a septic tank and soil absorption system or other indi- vidual or cluster type sewage treatment system as described and regulated in Chapter 19, Article IV of the City Code. ' Sewer system means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. ' Shopping center means an integrated group of commercial establishments planned, de- veloped, and managed as a unit, with off - street parking facilities provided on -site. ' Shore impact zone means land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty (50) percent of the structure setback. r Shoreland means land located within the following distances from public waters: one thousand (1,000) feet from the ordinary high water level of a lake, pond, or flowage; and three hundred (300) feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible through a window or door, which is used to advertise, announce, identify, display, direct or attract attention to an object, person, institution, organization, business, commodity, product, service, event or location, by means, including words, letters, figures, design, symbols, fix- tures, pictures, illumination or projected images. Sign, advertising means any sign which directs attention to a business, commodity, ser- vice, activity or entertainment not conducted, sold or offered upon the premises where such a sign is located. Sign, awning means a temporary hood or cover that projects from the wall of a building, and which can be retracted, folded or collapsed against the face of the supporting building. Awning may extend in any required yard setback a maximum of five (5) feet. (2.6 feet in the supplementary regulations) Sign, bulletin board means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it, and general announcements, of events or activities occurring at the institution or similar messages. Supp. No. 7 1155 § 20 -1 CHANHASSEN CITY CODE I Sign, banner means a sign which is made out of a paper, cloth or plastic -like consistency, M affixed to a building, vehicle, poles, or other supporting structures by all four (4) corners. Sign, business means a sign which directs attention a business or profession conducted, or , to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located. ' Sign, business directory means a sign which identifies the names of specific businesses located in a shopping center, medical center and professional office and which is located on the ' premises of the shopping center so identified. J1,dAQWAkX ' S ALR .Ir Sign, campaign means a temporary sign announcing, promoting, or supporting political candidates or issues in connection with any national, state, or local election. , Sign, canopy means any sign that is affixed to a projection or extension of a building or structure of a building, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. Plastic or structural protective cover over a door entrance, window, or outdoor service area. CANOpy SJfsN ' Sign, changeable copy means a sign or portion thereof with characters, letters, or illus- trations that can be changed or rearranged without altering the face or the surface of the sign. Sign, construction means a temporary sign erected on the premises on which construction ' is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to ' the situation or project. Sign, development identification means a permanent ground low profile sign which iden- tifies a specific residential, industrial, commercial or office development and which is located on the premises of the development which it identifies. Sign, directional means a sign erected on private property for the purpose of directing ' pedestrian or vehicular traffic onto or about the property upon which such sign is located, including signs marking entrances and exits, circulation direction, parking areas, and pickup ' Supp. No. 7 1156 1 ZONING § 20 -1 and delivery areas. ' EXIT I 1 J Sign, display area means the area within a single continuous perimeter enclosing the ' extreme limits or the actual sign message surface, including any structural elements outside the limits of each sign forming an integral part of the sign. The stipulated maximum sign ' display area for a sign refers to a single facing - DISPLAY AREA ' Sign, festive flaglbanner means a flag or banner constructed of cloth, canvas or light fabric, that is hung from a light pole. The flagfbanner shall contain no advertising except for cultural events, special holidays /seasons, etc. ' HeUr t Sign, flag means any fabric banner used as a symbol of a government political subdivision or other identity. Corporation flags shall not exceed twelve (12) square feet and may be flown in tandem with the state or national flag. ' Sign, flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. ' Sign, freestandinglpole /pylon means any nonmovable sign not affixed to a building but erected upon a pole, post or other similar support so that the bottom edge of the sign display area is eight (8) feet or more above the ground elevation. Sign, governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. ' Sign, ground low profile business means a business sign affixed directly to the ground, with the sign display area standing not greater than two (2) feet above the ground. ' GRoutvo ZOw PROFI L E I Supp. No. 7 1156.1 IZZA ' Sign, marquee means a sign which is mounted, painted on, or attached to any projection ' or extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. Sign, menu board means a sign located adjacent to the drive - through lane that is used to ' advertise the product available at a fast food restaurant. Sign, motion means any sign or part of a sign which changes physical position by any ' movement or rotation of which gives the visual impression of such movement or rotation. Sign, nameplate meads a sign, located on the premises which bears the name and/or ' address of the occupant of the building or premises. Sign, nonconforming means a sign that does not conform to the requirements of this ' chapter. Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or services not related to the premises on which it is located. ' Supp. No. 7 1156.2 1 § 20 -1 CHANHASSEN CITY CODE Sign, holiday decoration means a temporary sign in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. ' Sign, home occupation means a sign containing only the name and occupation of a per- mitted home occupation not to exceed two (2) square feet. This is also a nameplate sign. Sign, illuminated means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign. ' Sign, informational means a sign containing descriptions of major points of interest, government institutions or other public services such as hospitals, sports facilities, etc. ' Sign, institutional means a sign which identifies the name and other characteristics of a public or private private institution of the site where the sign is located. ' Sign, integral means a sign constructed as to be an integral portion of the building of which it forms a part. Sign, integral roof means any sign erected or constructed as an integral or essentially ' integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. ' IZZA ' Sign, marquee means a sign which is mounted, painted on, or attached to any projection ' or extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. Sign, menu board means a sign located adjacent to the drive - through lane that is used to ' advertise the product available at a fast food restaurant. Sign, motion means any sign or part of a sign which changes physical position by any ' movement or rotation of which gives the visual impression of such movement or rotation. Sign, nameplate meads a sign, located on the premises which bears the name and/or ' address of the occupant of the building or premises. Sign, nonconforming means a sign that does not conform to the requirements of this ' chapter. Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or services not related to the premises on which it is located. ' Supp. No. 7 1156.2 1 1 Sign, wall means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of the wall, and which does not project more than twelve (12) inches from such building or structure. Wall signs ' shall not include product advertising. Wall signs shall include tenant identification, tenant logo, center name, or any combination of the three. I Supp. No. 7 1156.3 ZONING § 20 -1 Sign, on premises means a sign which directs attention to a business, commodity, product, use, service or other activity which is sold, offered or conducted on the premises upon which the ' sign is located. Sign, portable means a sign designed so as to be movable from one (1) location to another, ' and that is not permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to be transported by means of wheels, sign converted to A- Frames, ' menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from the public right -of -way unless said vehicle is used in the normal day -to -day operations. Sign, private sale or event means a temporary sign advertising private sales or personal property such as a house sale, garage sale and the like or private nonprofit events such as ' picnic, carnival, bazaar, game night, art fair, or craft show. Sign, projecting means a sign that is wholly or partly dependent upon a building for ' support and which projects more than twelve (12) inches from such building. Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion ' of the premises, on which the sign is located. Sign, roof means a sign that is mounted on the roof of a building or which is wholly ' dependent upon a building for support and which projects above the roof line of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a ' building with a mansard roof. Sign, temporary means a sign designed or intended to be displayed for a short period of P ' time. This includes items such as banners, pennants, flags, beacons, sandwiches, or balloons or other air or filled figures. gas 1 Sign, wall means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of the wall, and which does not project more than twelve (12) inches from such building or structure. Wall signs ' shall not include product advertising. Wall signs shall include tenant identification, tenant logo, center name, or any combination of the three. I Supp. No. 7 1156.3 § 20 -1 CHANHASSEN CITY CODE PROJECT. o L zN� ROOF 5GN � VI VI Sign, window means sign, pictures, symbols, or combination thereof, designed to commu- nicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Significant historic site means any archaeological site, standing structure, or other prop- erty that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. Significant tree means any healthy tree species measuring twelve (12) inches or more DBH; or any health coniferous tree measuring twelve (12) feet in height or more. Site distance triangle means no sign or sign structure shall be closer to any lot line than a distance equal to one-half ( /a) the minimum required yard setback. No sign shall be placed within any drainage or utility easement. Sign shall not block site distance triangle from any private drive or access. Signs shall not be located in any site distance triangle thirty (30) feet from the point of intersection of the property line. Supp. No. 7 1156.4 1 r 1 11 J L ZONING § 20 -1 Site furnishings means any structure, other than buildings, visible from any public way, and any street hardware located in streets and public ways and outside of buildings. Site furnishings include, but are not limited to, signs, decorative paving treatments, fences, walls, railings, artwork, transformers, utility access boxes, lighting standards and arrays, and other visible site appurtenances. Special trees mean any large broadleaf trees at least thirty (30) inches DBH, any large conifer trees at least twenty (20) inches DBH, any medium broadleaf trees at least twenty (20) inches DBH, any small broadleaf trees at least twelve (12) inches DBH, rare or unusual tree species, or trees of exceptional quality. Steep slope means land where agricultural activity or development is either not recom- mended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal dis- tances of fifty (50) feet or more, that are not bluffs. Storage building means any structure used for the storage of materials and accessories used and normally associated with the principal use of the property. Street means a public right -of -way accepted or a private right-of-way approved pursuant to the requirements of the city by public authority which provides a legal primary means of public access to abutting property. The term "street" shall include a highway, thoroughfare, arterial, parkway, collector, avenue, drive, circle road, boulevard or any other similar term describing an entity complying with the preceding requirements. Street frontage means that portion of a parcel of land abutting one (1) or more public streets. Street width means the shortest distance between the lines delineating the right -of -way of a street. Structure means anything manufactured, constructed, or erected which is normally at- tached to or positioned on land, whether temporary or permanent in character, including but not limited to: buildings, fences, sheds, advertising signs, dog kennels, hard surface parking areas, boardwalks, playground equipment, concrete slabs. Subdivision means the separation of an area, parcel, or tract of land under single owner- ship into two (2) or more parcels, tracts, lots, or long -term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1) Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; I Supp. No. 7 1156.5 § 20 -1 CHANHASSEN CITY CODE (2) Creating cemetery lots; (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. Temporary structure means a structure without any foundation or footings and which shall be removed when the designed time period, activity, or use for which temporary structure was erected has ceased. Toe of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from flatter to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a fifty -foot segment, measured on the ground, with an average slope exceeding eighteen (18) percent. Top of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a fifty -foot segment, measured on the ground, with an average slope exceeding eighteen (18) percent. Townhouse means a single - family attached dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from the adjoining unit by one (1) or more common fire resistent walls having no openings and extending from the basement to the roof. Trailer, temporary means a trailer or mobile home for construction purposes, the display or sale of real estate, or major durable goods or as a temporary form of residential dwelling on lot on which a house is being constructed. Trailer, travel means a vehicle or movable structure which is designed, intended or used for temporary human habitation during recreational or vacation activities. The term includes, without limitation, recreational vehicles, campers, camper trailers and tents, and house travel and tent trailers, but does not include mobile homes. Tree caliper means diameter of a tree measured at six (6) inches above ground. Tree trunk means the stem portion of a tree from the base to the first branch thereof. Truck terminal means any use, area, or building where cargo, trucks, truck parts, loading equipment, and the like is stored or where trucks load and unload on a regular basis. Utility services means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, elec- trical, steam or water transmission or distribution systems, communication, including poles, wire, mains, drains, sewers, pipe, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, that is reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies or for the public health or safety or general welfare. This term does not imply overhead transmission lines in excess of sixty -nine (69) kv. Variance means permission to depart from the requirements of this chapter. I 1 Supp. No. 7 1156.6 1 ZONING § 20 -1 Vegetation clearing means the complete removal of existing vegetative cover in such.a manner as to expose the soil to air and water erosion. Vegetation, native. Native vegetation is the pre - settlement group of plant species native to the North American continent which were not introduced as a result of European settlement. Vehicular use area (V. U.A.) means any open or unenclosed area containing more than one thousand eight hundred (1,800) square feet of area and/or used by six (6) or more, of any type of vehicle, whether mooring or at rest, including, but not limited to, parking lots, loading and unloading areas, and sales and service areas. Driveways are considered to be vehicular use areas whenever they are adjacent to public streets or other vehicular use elements described previously in this paragraph (and intervening curbs, sidewalks, landscape strips, etc., do not eliminate adjacency). Warehousing means the commercial storage of merchandise and personal property. Water- oriented accessory structure or facility means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Wetlands means land transitional between terrestrial and aquatic systems where the ' water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (1) Have a predominance of hydric soils; (2) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) Under normal circumstances support a prevalence of such vegetation. (4) Wetlands does not include types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the definition of public waters, that are two and one -half (2 /z) or more acres in size. r Utilized. Utilized water bodies created for the specific purpose of surface water runoff retention and /or water quality improvements. These water bodies are not to be classified as wetlands even if they take on wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water bodies. Wetlands, ag /urban. Wetlands that have been influenced by agricultural or urban (resi- dential, commercial, or industrial) land usage are called ag/urban. Influences include: over nutrification, soil erosion and sedimentation, and water quality degradation. As a result of these influences there is a loss of plant species diversity, overcrowding and domination by invasive species such as reed canary grass, and reduction in wildlife habitat. Supp. No. 7 . 1156.7 Supp. No. 7 1156.8 1 § 20 -1 CHANHASSEN CITY CODE ' Wetlands, natural. Natural wetlands are still in their natural state and typically show little sign of impact from surrounding land usage. The vegetative community of these wet- lands are characterized by a diversity of plant species with mixed dominance of species. Other ' key factors include: presence of natural indicator species, good wildlife habitat, and being aesthetically pleasing. t Wetlands, pristine. Wetlands that exist in a natural state and have special and unusual qualities worth protecting at a high level are called pristine. These qualities include: out- standing vegetation community, native species population, rare or unusual species present, and habitat for rare wildlife species. Wholesale nursery means an enterprise which conducts the wholesale of plants grown on site as well as accessory items directly related to their care and maintenance (but not including ' power equipment such as gas or engine lawnmowers and farm implements). Wholesale trade means an establishment or place of business engaged in selling merchan- dise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies. ' Wind energy conversion system or (WECS) means any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine and windmill). ' Woodlands shall mean any groupings of significant trees with a canopy coverage of one (1) acre or more, any groupings of ten (10) or more significant trees, or any grouping of trees with ' at least one (1) special tree and where twenty -five (25) percent or more of other trees are significant trees. Yard ' means any open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter. , Yard, front means a yard extending across the full width of the lot between any building and the front lot line, and measured perpendicular to the building from the closest point of the building to the front lot line. ' Yard, rear means a yard extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building from the closest ' point of the building to the rear lot line. Yard, side means a yard extending form the front yard to the rear yard between the principal building and the side lot line, measured perpendicular to the building from the ' closest point of the building to the side lot line. Zoning administrator means the planning director or designee. ' (Ord. No. 80, Art. II, § 1, 12- 15 -86; Ord. No. 80 -A, § 1, 6- 15 -87; Ord. No. 80 -G, § 2, 1- 11 -88; Ord. No. 98, § 1, 11- 28 -88; Ord. No. 116, §§ 1, 2, 1- 22 -90; Ord. No. 120, § 1, 2- 12 -90; Ord. No. 127, § 1, 3- 26 -90; Ord. No. 144, § 1, 4 -8 -91; Ord. No. 145, § 3, 4 -8 -91; Ord. No. 151, § 1, 8- 26 -91; Ord. , Supp. No. 7 1156.8 1 ZONING § 20 -5 ' (6) Facilitate the provision of public services; (71 Secure equity among individuals in the use of their property. ' 0r6. No. 80, ,fir;. I. § 2, 12- 15 -86) Sec. 20 -3. Interpretation. ' (a) Where the conditions imposed by any provision of this chapter are either more or less restrictive than conditions imposed by other ordinances, the ordinance which is most restric- t tive shall prevail. When this chapter provides both general regulation as well as specific regulation of a subject, the specific regulation shall apply. (b) When the term "density" is used in this chapter without specifying "net density" or ' "gross density," it shall be construed to mean "net density." (Ord. No. 80, Art. I, § 3(1 -3 -1), 12- 15 -86; Ord. No. 108, § 1, 9- 11 -89) ' Sec. 204. Compliance. No building, structure or land shall be used or occupied, no building permit shall be ' granted and no plat approved that does not conform to the requirements of this chapter. (Ord. No. 80, Art. I, § 3(1 -3 -2), 1215 -86) ' Sec. 20 -5. Identification of arterial and collector streets. For purposes of this chapter, the following are identified as arterial and collector streets: ' Arterial Streets Trunk Highway 5 ' Trunk Highway 7 Trunk Highway 41 Trunk Highway 101 ' Trunk Highway 169 Trunk Highway 212 ' County Road 14 County Road 18 (Lyman Blvd., but not including Lyman Blvd. east of Trunk High- way 101) ' Collector Streets County Road 17 (Powers Blvd.) County Road 117 (Galpin Blvd .) Audobon Road Lake Lucy Road ' Kerber Boulevard Lake Drive East. (Ord. No. 80, Art. VI, § 25, 12- 15 -86) Supp. No. 2 1157 r Section. 20 -5 Collector roads add: McGlynn Drive /Coulter Arboretum Boulevard Market Boulevard Long Acres Boulevard Pleasant View Road Lake Drive West West 78th Street Lyman Boulevard east of TH 101 L Sec. 20 -264. Electrical substations. ZONING Electrical substations are subject to the following conditions: § 20 -282 (1) The substation must be served by a collector or major arterial street as desginated in the comprehensive plan. (2) The substation will not have sanitary facilities and will not be used for habitation. (3) The substation will be located on at least five (5) acres of property. (4) A six -foot high security fence shall surround the substation. J (4) No site shall be located within five hundred (500) feet of a single - family residence. (5) Buildings on the site may be not exceed eight hundred (800) square feet and shall be painted in earth tones. (Ord. No. 80 -E, § 2, 11- 16-87) S� 0 1 0 50 I fai fog �� A Secs. 20- 266 -20 -280. Reserved. DIVISION 4. STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL DISTRICTS Sec. 20 -281. Scope. In addition to the standards required by section 20 -232, the standards in this division shall apply to the conditional uses if they are located in a business, office, institutional or industrial district. (Ord. No. 80, Art. V, § 17(5- 17 -1), 12- 15 -86) Sec. 20-282. Motor fuel and service stations. The following applies to motor fuel stations: (1) No unlicensed or inoperable vehicles shall be stored on premises except in appropri- ately designed and screened storage areas. Supp. No. 4 1180.1 (5) A landscaping plan shall be submitted for city approval. (6) Substations shall be a minimum of five hundred (500) feet from single - family residences. (Ord. No. 80, Art. V, § 9(5 -9- 1(13)), 12- 15 -86) ' Sec. 20-265. Golf driving ranges. [The following applies to] golf driving ranges with or without a miniature golf courses: t (1) The location of the driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial which leads to TH 5 or TH 212. ' (2) Hours of operation shall be from sunrise to sunset. Provision (3) of adequate parking areas and submission of landscaping plan in confor- mance with article VIII of the zoning ordinance. J (4) No site shall be located within five hundred (500) feet of a single - family residence. (5) Buildings on the site may be not exceed eight hundred (800) square feet and shall be painted in earth tones. (Ord. No. 80 -E, § 2, 11- 16-87) S� 0 1 0 50 I fai fog �� A Secs. 20- 266 -20 -280. Reserved. DIVISION 4. STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL DISTRICTS Sec. 20 -281. Scope. In addition to the standards required by section 20 -232, the standards in this division shall apply to the conditional uses if they are located in a business, office, institutional or industrial district. (Ord. No. 80, Art. V, § 17(5- 17 -1), 12- 15 -86) Sec. 20-282. Motor fuel and service stations. The following applies to motor fuel stations: (1) No unlicensed or inoperable vehicles shall be stored on premises except in appropri- ately designed and screened storage areas. Supp. No. 4 1180.1 Sales Trailers are subject to the following conditions: 1. Trailers are permitted only until a permanent dwelling unit is available to be used as the sales office /model. At such time, the trailer shall be removed from the site. 2. Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m. 3. There shall be no outdoor speaker. 4. Lighting shall be downcast, with no flashing, blinking or skylights permitted. 5. Trailers shall skirted and one trailer shall be permitted per development. 6. Trailers shall comply with ADA requirements. 7. Off street hard surface parking for 3 -5 cars shall be provided. 8. Engineering Department shall approve any access from a city street. I ZONING § 20 -402 ARTICLE VI. WETLAND PROTECTION* I Supp. No. 7 1188.1 by Sec. 20 -401. Findings intent; rules adopted reference. ' (a) Wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape. Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this article to establish ' a policy of sound stewardship through coordination of regulations which conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addi- tion, it is the intent of the city to promote the restoration of degraded wetlands. (b) The intent of this article is to avoid alteration and destruction of wetlands. When this is not feasible, mitigation must be provided to recreate the lost or altered wetlands value and ' function. (c) This article is adopted in part to implement the Wetland Conservation Act of 1991 (Minn. Laws 1991, Chapter 354, as amended), and the accompanying rules of the Minnesota ' Board of Water and Soil Resources (Minn. Rules Chapter 8420, as amended). (d) This article incorporates by reference the Act and the Rules. Terms used in this article ' which are defined in the Act or the Rules have the meanings given there. (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 1, 4- 25 -94) ' Sec. 20 -402. Purpose. The purpose of this article is to assure the general health, safety, and welfare of the ' residents through preservation and conservation of wetlands and sound management of de- velopment by: (1) Conducting an inventory and classification of all wetlands within the city and main- ' tenance of a comprehensive set of official city maps delineating wetlands. (2) Establishment of wetland regulations that are coordinated with flood protection and ' water quality programs under the Chanhassen Surface Water Management Plan. (3) Requiring sound management practices that will protect, conserve, maintain, en- ' hance, and improve the present quality of wetlands within the community. (4) Requiring measures designed to maintain and improve water quality in streams and lakes. ' (5) Protecting and enhancing the scenic value of wetlands. *Editor's note — Section 1 of Ord. No. 180 amended Art. VI in its entirety to read as ' herein set out. Prior to amendment, Art. VI contained §§ 20- 401 -20 -409, 20- 421 -20 -424, 20- 436 -20 -441, which pertained to similar subject matter and derived from Ord. No. 80, adopted Dec. 15, 1986; Ord. No. 80C, adopted Oct. 5, 1987; Ord. No. 98, adopted Nov. 28, 1988; Ord. No. 110, adopted Aug. 28, 1989; Ord. No. 133, adopted Nov. 5, 1990; and Ord. No. 141, ' adopted Mar. 11, 1991. I Supp. No. 7 1188.1 § 20 -402 CHANHASSEN CITY CODE E (6) Restricting and controlling the harmful effects of land development on wetlands. (7) Allowing only development that is planned to be compatible with wetland protection and enhancement. (8) Providing standards for the alteration of wetlands when alteration in allowed. (9) Mitigating the impact of development adjacent to wetlands. (10) Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization. (11) Obtaining protective easements over or acquiring fee title to wetlands as appropriate. (Ord. No. 180, § 1, 12- 14 -92) Sec. 20.403. Delineation of wetlands. (a) Generally. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Wetland Protection Regulations shall not be construed to allow anything otherwise pro- hibited in the zoning district where the wetland area is located. (b) Boundaries; maps. A wetland is land that meets the definition of "wetlands" set forth in this article. Wetland boundaries and wetland types, as established by officially adopted city maps, shall be prima facie evidence of the location and type of wetland. The official maps shall be developed and maintained by the planning department. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to supply detailed information for reviews supporting the applicant's position. The applicant shall pro- vide appropriate technical information, including, but not limited to, topographical survey and soil data deemed necessary for the city to determine the exact wetland boundary. The planning director shall make a determination to maintain the officially designated wetland boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for wetland determination shall be certified by a registered engineer, surveyor, or a qualified wetland consultant. The applicant may appeal the planning director's determi- nation of the wetland boundary and type to the city council. (c) Wetland types. This article establishes three (3) wetland types and one body type: (1) Wetlands, ag /urban. Wetlands that have been influenced by agricultural or urban (residential, commercial, or industrial) land usage are called ag/urban. Influences include: over nutrification, soil erosion and sedimentation, and water quality degra- dation. As a result of these influences there is a loss of plant species diversity, over- crowding and domination by invasive species such as reed canary grass, and reduction in wildlife habitat. (2) Wetlands, natural. Natural wetlands are still in their natural state and typically show little sign of impact from surrounding land usage. The vegetative community of these wetlands are characterized by a diversity of plant species with mixed dominance of species. Other key factors include: presence of natural indicator species, good wild- life habitat, and being aesthetically pleasing. F Supp. No. 7 1188.2 1 1 ZONING § 20.406 (3) Wetlands, pristine. Wetlands that exist in a natural state and have special and un- usual qualities worth protecting at a high level are called pristine. These qualities include: outstanding vegetation community, native species population, rare or un- usual species present, and habitat for rare wildlife species. (4) Utilized. Utilized water bodies created for the specific purpose of surface water runoff retention and/or water quality improvements. These water bodies are not to be clas- sified as wetlands even if they take on wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water bodies. (Ord. No. 180, § 1, 12- 14 -92) ' Sec. 20.404. No net loss. To achieve no net loss of wetland, except as provided under section 20 -416 of this article, ' or authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, burn, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully ' mitigated so that there is no net loss of wetlands. (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 2, 4- 25 -94) ' Sec. 20 -405. Standards. The following standards apply to all lands within and abutting a wetland: ' (1) Septic and soil absorption system must be a setback minimum of seventy -five (75) feet from the ordinary high water mark of the wetland. ' (2) The lowest ground floor elevation is three (3) feet above ordinary high water mark of the wetland. ' (3) Docks or walkways shall be elevated six (6) to eight (8) inches above the ordinary high water mark or six (6) to eight (8) inches above the ground level, whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of ' a wetland alteration permit. (5) The city's Best Management Practices Handbook shall be followed. ' (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 3, 4- 25 -94) Sec. 20 -406. Wetland buffer strips and set acks 2. ' (a) For lots created after December, 14, ate of o inance adoption), a buffer strip shall be maintained abutting all wetland Buffer strip v getation shall be established and ' maintained in accordance to the following requirements. lant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, ' a monument is required for each lot. In other situations, a monument is required for each three hundred (300) feet of wetland edge. The buffer strips and structure setbacks shall meet the 1 Supp. No. 7 1188.3 J Suggested Wetland Ordinance Amendments I The attached numbered areas on the wetland ordinance, section 20- 406(a) should include the following wording: 1. All existing vegetation adjacent to a wetland shall be left undisturbed and applied I toward buffer strips unless otherwise approved by City Council. 2. If the buffer area is disturbed, plant species... r 3. Where roadways are constructed next to a wetland, the average buffer strip width for the adjacent wetland shall be maintained. ' g:bng\& me \wed an&Nctymd— d=end95 n § 20 -406 following standards: Wetland Type Pristine Principal Struc- 100' ture Setback Buffer Strip Buffer Strip Minimum Av- erage Width % of Native Vegetation in Buffer Strip 20 -100' 50' Entire CHANHASSEN CITY CODE Natural 40' measured from the outside edge of the buffer strip 10 -30' 20' Ag /Urban 40' measured from the outside edge of the buffer strip 0 -20' 10' Utilized 0' Entire Optional 1 Optional AG /URBAN WETLAND ILLUSTRATION I BUFFER MO\ - y WETLAND S 3TRV I / EDGE NOME 1 60' �/W FRfl}fT YARD I SETBACK YAR D I S FRO BUFFER WETLAND 30' XC 40' I I 10' I 0' EAS ENT I WETLAND BUFFER STRIP (AVERAGE 10' DEPTH) The dimensions of the buffer strips may be adjusted by the city based upon the quality of the wetland, local topographic conditions, and the type and design of development being proposed. The table above provides minimum and maximum dimensions for the buffer strip. The use of a meandering buffer strip to maintain a natural appearance is encouraged. Structure setbacks are also described in the table. On single - family subdivisions in the RSF dis rict, the applicant Supp. No. 7 1188.4 ZONING § 20 -408 must demonstrate that each lot rovides sufficient area to accommodate the applicable front ' P PP yard setback, sixty -foot by forty -foot deep building pad, and a thirty -foot rear yard area. All of these elements must be provided outside of designated wetland and buffer strip areas. (b) For lots of record on December 14, 1992 (date of ordinance adoption) within wetland areas and for lands abutting a wetland area, the following minimum provisions are applicable ' unless alternative plans are approved by the city under a wetland alteration permit: Pristine Natural AglUrban Utilized Setback Prin- 100' 75' 75' Of cipal Structure The city may approve reduced wetland setbacks as outlined in subparagraph (a) above. (Ord. No. 180, § 1, 12- 14 -92) Sec. 20.407. Wetland alteration. An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; ' (3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland activity and its implementation; ' (4) Reducing or eliminating the impact over time by preservation and maintenance op- erations during the life of the activity; and ' (5) Replacing unavoidable impacts to the wetlands by restoring or creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0630. ' A wetland alteration permit shall not be issued unless the proposed development complies within the provisions of the Mitigation Section of this article, as well as the standards, intent, and purpose of this article. ' (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 4, 4- 25 -94) Sec. 20.408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type 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. Supp. No. 7 1188.5 1 Sec. 20 -410. Dredging; excavation; grading. When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed: (1) The dredging will not have a net adverse effect on the ecological and hydrological ' characteristics of the wetland. (2) It shall be located as to minimize the impact on vegetation. ' (3) It shall not adversely change water flow. (4) The size of the dredged area shall be limited to the minimum required for the pro- posed action. ' (5) Disposal of the dredged material is prohibited within the wetland area. Supp. No. 7 1188.6 § 20 -408 CHANHASSEN CITY CODE (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 the and value of wetland. (3) Installation of boardwalks. (4) Creation of sedimentation and water quality improvement basins if part of a mitiga- tion project, or used to restore or improve the function and value of the wetland. These basins may not be created in "pristine" wetlands and may only be created in "natural" wetlands if the city determines that there is no reasonable alternative. (5) Discharge of stormwater runoff in a manner that impacts the wetland. ' (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 5, 4- 25 -94) t Sec. 20 -409. Filling. When a wetland alteration permit is issued allowing filling in a wetland, the following standards shall be followed: ' (1) Filling must be consistent with the Chanhassen Surface Water Management Plan. (2) Filling shall not cause total natural nutrient stripping capacity of the wetland to be ' diminished to an extent that is detrimental to any area river, lake, or stream. (3) Only fill free of chemical pollutants and organic wastes may be used. ' (4) Filling shall be carried out so as to minimize the impact on vegetation. (5) Filling in wetland areas will not be permitted during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for breeding fish waterfowl or spawning. (6) Filling in wetland areas will be required to be mitigated in accordance with the ' requirements of this article. (Ord. No. 180, § 1, 12- 14 -92) Sec. 20 -410. Dredging; excavation; grading. When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed: (1) The dredging will not have a net adverse effect on the ecological and hydrological ' characteristics of the wetland. (2) It shall be located as to minimize the impact on vegetation. ' (3) It shall not adversely change water flow. (4) The size of the dredged area shall be limited to the minimum required for the pro- posed action. ' (5) Disposal of the dredged material is prohibited within the wetland area. Supp. No. 7 1188.6 ZONING § 20 -412 ' mitigation must result in an improvement to the wetland function and value. Mitigation plans ' (6) an Disposal of dre material shall include proper erosion control and nutrient P Y g retention measures. ' (7) Dredging in any wetland area is prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. ' (8) Dredging in wetland areas will be required to be mitigated in accordance with the requirements of this article if the activity results in a loss of functional wetland. Dredging to create water quality improvement basins may be allowed by the city ' where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the Chanhassen Surface Water Management Plan. (Ord. No. 180, § 1, 12- 14 -92) ' Sec. 20.411. Stormwater runoff. ' When a wetland alteration permit is issued allowing stormwater runoff to discharge directly into a wetland, the following standards shall be followed: (1) An increase over the natural volume of stormwater runoff from a development may , be allowed when necessary for use of property, but only when it will not have a net adverse effect upon the ecological and hydrological characteristics of the existing wetlands. The restrictions on runoff set out below shall not be exceeded. Since the ' total increase in runoff which can be permitted is limited, the city, when considering permit applications, shall consider, in addition to the following, apportionment of increased runoff opportunity to all wetland property within the surrounding wetland ' area. (2) Stormwater runoff from a development may be directed to the wetland only when free ' of debris and substantially free of chemical pollutants and silt, and only at rates which do not disturb vegetation habitat or increase turbidity. Sheet flow and other overland drainage of runoff shall be encouraged. ' (3) The allowed total increased runoff, in combination with the total fill allowed, shall not cause total natural flood storage or nutrient stripping capacity of the wetland to be reduced in a manner inconsistent with requirements established by the Chan- ' hassen Surface Water Management Plan. (Ord. No. 180, § 1, 12- 14 -92) ' Sec. 20.412. Mitigation. (a) Mitigation intens. Where wetland alteration is approved and mitigation is required, ' mitigation must result in an improvement to the wetland function and value. Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological bal- ance and wildlife habitat. The wetland function and value will include improvement of water ' quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by state law to achieve replacement of the wetland function and value. ' Supp. No. 7 1188.7 1 ' (6) Mitigation, through the buffer strip, shall provide landscaping for nesting and food for wildlife habitat. The buffer strip landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage ' wildlife diversity and provide visual variety. (7) Wetland mitigation should be undertaken on -site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should ' occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accom- ' Supp. No. 7 1188.8 § 20 -412 CHANHASSEN CITY CODE ' (b) Mitigation standards. Mitigation of wetlands for function and value should be re- stored, created, and enhanced to have the following characteristics: (1) Relatively stable water levels subject to natural fluctuations. (2) Pretreatment of inflow waters to improve quality. (3) High level of upland/lowland intermingling. ' (4) A ratio of open water to aquatic vegetation between 1:1 and 1:2. (5) High degree of intermingling of open water and aquatic vegetation. ' (6) High level of plant species diversity. (7) Restoration of native plant species in upland and lowland areas. ' (8) Undisturbed upland/lowland edge (i.e. buffer). (9) Meandered wetland edge. ' (10) Irregular bottom contours —mix of shallow and deep water. (11) Shallow side and bottom slopes — preferable 10:1 to 30:1 around and within wetland; steeper slopes may be used to provide open water and greater vegetation variability. ' (c) Mitigation techniques. (1) Mitigation will be performed at a ratio required by state law. ' (2) Mitigation should always result in an improvement to the wetland function and value. The wetland function and value will include improvement of water quality, ' maintaining hydrological balance, and provision of wildlife habitat. (3) Mitigation shall provide a buffer strip as set forth in this article. ' (4) Mitigation shall maintain or enhance the wetland hydrological balance through the following: ' a. Restoration of partially deteriorated wetlands. b. Creation of new wetlands. (5) Mitigation shall provide for pretreatment of water prior to it entering the wetland to improve water quality if required by the Chanhassen Surface Water Management Plan. ' (6) Mitigation, through the buffer strip, shall provide landscaping for nesting and food for wildlife habitat. The buffer strip landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage ' wildlife diversity and provide visual variety. (7) Wetland mitigation should be undertaken on -site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should ' occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accom- ' Supp. No. 7 1188.8 requirements. , (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, §§ 6, 7, 4- 25 -94) Sec. 20.413. Application and issuance of permit. ' ZONING § 20 -413 by the city including, but not limited to, a site plan, topographic data, hydrological data, and , plished on site, or if the city deems it necessary to perform mitigation off-site, the applicant shall be responsible for contributing into the city's wetland mitigation fund. The mitigation performed off -site shall meet the above requirements. ' (d) Construction management and long term wetland maintenance. (1) The permit holder shall follow the city's best management practices to minimize ' direct impacts due to erosion and construction practices and to safeguard wildlife ' habitat. , (2) The permit holder shall conduct a monitoring program and evaluation until construc- ' tion is completed. A letter of credit from the permit holder shall be held to ensure compliance similar to any other public improvement. The city will ensure that the , permit holder is delivering the wetland that was promised. The permit holder shall ' demonstrate compliance with the designed wetland as -built plans. ' Where feasible, the city shall require the permit holder to satisfy long term management ' requirements. , (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, §§ 6, 7, 4- 25 -94) Sec. 20.413. Application and issuance of permit. ' (a) The applicant for a wetland alteration permit shall furnish the information required by the city including, but not limited to, a site plan, topographic data, hydrological data, and , habitat evaluation procedures for the review of a wetland alteration permit application. The planning director shall use discretion regarding the level and complexity of information re- quired to review the request. A wetland alteration permit shall not be issued without having t been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional re- quirement of Minnesota Rules 8420.0230. The applicant shall have the burden of proving that ' the proposed use or activity complies with the purposes, intent, and other provisions of this article. The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this article. Such conditions may, ' among other matters, limit the size, kind, or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland function and value; establish required monitoring procedures and maintenance activity; stage the work ' over time; require the alteration of the site design to ensure buffering; require the provision of a performance security. ' (b) The Chanhassen City Council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources manage- ment. Decisions under this ordinance must not be made until after receiving the determina- tion of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does to wetlands for which such data is ' not apply Supp. No. 7 1189 1 § 20 -413 CHANHASSEN CITY CODE ' included in an approved comprehensive wetland n P management l per Minnesota Rules g ' 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. (c) Decisions made under this article may be appealed to the board of water and soil resources under Minnesota Rules 8420.0250, after administration appeal rights under the official controls have been exhausted. (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 8, 4- 25 -94) ' Sec. 20.414. Inspection of work. The city may cause inspection of work for which a wetland alteration permit is issued, at ' the applicant's expense, to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work. (Ord. No. 180, § 1, 12- 14 -92) ' Sec. 20.415. Expiration and renewal of permit. ' (a) Unless otherwise specified by the city council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one (1) year after the date the council approves the permit application. ' (b) The permittee shall provide written notice to the city twenty -four (24) hours prior to the commencement and completion of the development project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion. ' (c) If the permittee fails to commence work on the development within the time specified in this section, the permit shall be void. The council may renew a void permit at its discretion. ' If the council does not renew the permit, the holder of the void permit may make original application for a new permit. (d) The permittee may make written application to the council for an extension of the time ' to commence work, but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension. ' (Ord. No. 180, § 1, 12- 14 -92) Sec. 20.416. Exemptions. Activities exempted by Minnesota Rules 8420.0120 shall be exempted from the provisions of this article. However, certificates of exemption must be obtained from the city prior to starting work. ' (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 9, 4- 25 -94) Sec. 20.417. Variances. ' Variances from the requirements of this article may be granted in accordance with the variance provisions of this chapter as regulated by article II, division III of this Code so long as the variances do not violate the Act or Rules. ' (Ord. No. 180, § 1, 12- 14 -92; Ord. No. 202, § 10, 4- 25 -94) I Supp. No. 7 1190 § 20 -479 CHANHASSEN CITY CODE Lake Susan (10 -13P) to Rice Marsh Lake (10 -1P). Lake Minnewashta (10 -9P) to Lake Virginia (10 -15P). Purgatory Creek —From Lotus Lake (10 -6P) to east city boundary. All protected watercourses in Chanhassen shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, not given a classification herein shall be considered "tributary ". (Ord. No. 217, § 4, 8- 22 -94) Sec. 20.480. Zoning and water supply /sanitary provisions. (a) Lot area and width standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river /stream classification are as follows: (1) Sewered lakes— Natural environment: (2) Sewered lakes — Recreational development: Riparian Lots Area Width 7 I Nonriparian Lots Area Width Single Riparian Lots Duplex Nonriparian Lots Triplex Area Width Area Width Single 40,000 125 15,000 90 Duplex 70,000 225 35,000 180 Triplex 100,000 325 52,000 270 Quad 130,000 425 65,000 360 (2) Sewered lakes — Recreational development: Riparian Lots Area Width 7 I Nonriparian Lots Area Width Single 20,000 90 15,000 90 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 y � r - Quad 65 000 255 49 245 ��jn � �}� G?> l2� ISG�o yb (4) Additional special provisions. Residential subdivisions with dwelling unit densities River /stream lot width standards. There is no minimum lot size requirements for (2) and (3) can only be allowed if rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six (6) river /stream classifications are as follows: Agricultural No Sewer Tributary Sewer Single 150 100 90 Duplex 225 150 115 Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if C Supp. No. 7 1194 1 § 20 -487 CHANHASSEN CITY CODE 7 J Secs. 20.487 - 20.500. Reserved. ARTICLE VIII. PLANNED UNIT DEVELOPMENT DISTRICT* DIVISION 1. GENERALLY Sec. 20 -501. Intent. Planned unit developments offer enhanced flexibility to develop a site through the relax- ation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the city's expectation is to be realized as evaluated against the following criteria. Planned unit developments are to en- courage the following: (1) Preservation of desirable site characteristics and open space and protection of sensi- tive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. (2) More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. (3) High quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. (4) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (5) Development which is consistent with the comprehensive plan. (6) Parks and open space. The creation of public open space may be required by the city. ' Such park and open space shall be consistent with the comprehensive park plan and overall trail plan. ' (7) Provision of housing affordable to all income groups if appropriate within the PUD. (8) Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. ' *Editor's note — Section 1 of Ord. No. 149, adopted June 24, 1991, amended Art. VIII, Div. 1, to read as herein set out. Prior to amendment, Art. VIII, Div. 1, contained §§ 20- 501 -20 -505, ' pertaining to similar subject matter and deriving from Ord. No. 80, Art. V, § 18(5- 18 -1 -5- 18-5), adopted Dec. 15, 1986, and Ord. No. 136, § 1, adopted Jan. 28, 1991. I Supp. No. 7 1200 ZONING § 20 -502 (9) Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appro- priate. (Ord. No. 149, § 1, 6- 24 -91) Sec. 20.502. Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a develop- ment plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit up to twenty -five (25) percent of the gross floor area of all buildings in a PUD to be used for land uses for which the site is not designated in the comprehensive plan if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this section. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. Supp. No. 7 1200.1 ZONING § 20 -505 (2) Where the site of a proposed PUD is designated for more than one (1) land use in the comprehensive plan, city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. (Ord. No. 149, § 1, 6- 24 -91) Sec. 20.503. District size and location. ' (a) Each PUD shall have a minimum area of five (5) acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood ' such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. I (2) The property is directly adjacent to or across a right -of -way from property which has been developed previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved devel- opment. (3) The property is located in a transitional area between different land use categories or on an intermediate or principal arterial as defined in the comprehensive plan. (Ord. No. 149, § 1, 6- 24 -91) Sec. 20.504. Coordination with other zoning regulations. (a) Subdivision review under chapter 18 shall be carried out simultaneously with the review of a PUD. The plans required under this chapter shall be submitted in addition to or in a form which will satisfy the requirements of chapter 18 for the preliminary and final plat. (b) Site plan review under article II, division 6 of this Code shall be carried out for each non - single - family or duplex principal structure, that is proposed. (c) PUD plans shall be coordinated with and in compliance with provisions of article V, Flood Plain Overlay District; article VI, Wetland Protection, and article VII, Shoreland Overlay District. (Ord. No. 149, § 1, 6- 24 -91) Sec. 20.505. Required general standards. (a) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. Supp. No. 5 1200.3 i Iii - ' 43.6 OPEN SPACE PERFORMANCE STANDARDS I A. It is the intention of this Ordinance to promote common open space development which provides a unified landscape for the use and enjoyment of the neighborhood ' community. Evaluation and subdivision approval by the City Council shall be subject to demonstration by the applicant that the proposed development plan provides common open spaces in a site design appropriate to the location of ' building lots. B. Area Regulations. ' 1. A minimum of fifty (50) percent of land subdivided for development shall ' be dedicated to open space consisting of natural habitat, neighborhood recreation, and /or pedestrian corridor open space, as defined in Section 302 (see Figure 603 -B). ' 2. All designated open space shall be platted as outlot parcels held as open space in perpetuity. 3. Each open space outlot shall be classified as natural habitat, neighborhood recreation, or pedestrian corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification. Natural Habitat Neihborhood Pedestrian Corridor n Recreation �Y Figure 603 -B Natural habitat, pedestrian corridor and neighborhood recreation open spaces are located on the I development site according to their type of use. w MIN-37 10 C. Location Criteria. Open space outlots shall be located on the development site according to the following locational criteria: ' 1. View Sheds. The open space outlots shall preserve the maximum quantity of view shed open space for the anticipated homesite lots on the ' development tracts (see Figure 603 -C). 2. Natural Habitat. The development shall preserve the maximum quantity ' of natural habitat open spaces in a contiguous, connected configuration. Natural habitat open spaces may include, but are not limited to fields, wetlands, slopes, bluffs, dense woods, lakes, ponds, streams, shorelands, ' and other environmentally sensitive areas or desirable view sheds. 3. Pedestrian Corridors. The development shall locate pedestrian corridor open spaces in strategic places such that larger open space outlots and designated places of destination both on the development tract and adjacent tracts are connected with one another. Pedestrian corridor open spaces may include, but are not limited to established regional trails, local pathways, paved walkways, and shorelines. Pedestrian corridor outlots shall be a minimum of twenty (20) feet in width. 4. Neighborhood Recreation. The development shall locate neighborhood recreation open spaces such that they are an integral part of the ' neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to greens, commons, playgrounds, ball fields, gardens, or other recreational areas. 10 miIi74 -3 E E. 1 'Viewshed Figure 603 -C Viewsheds are directional opeot space from a homesite and between tree stands an d o buildings. Accessibility. Open spaces shall be accessible to pedestrians at no less than one thousand two hundred (1,200) foot intervals along public roadways. Where necessary, pedestrian access corridor outlots between private lots shall be at least twenty (20) feet in width. Deed Restrictions. Each open space outlot shall conform to the deed restrictions associated with its open space classification. 1. Natural habitat open spaces shall bd cons ide r ed n land c and are for the responsible use enjoyment by adults (paved or unpaved), ' Construction in these areas shall be limited to trails ood fenc° g, and open air shelters, bridges, benches, bird houses, communal drainfields. , 2. Neighborhood recreation open �spaces g. b used for actin for passive recreational purposes, including Bard wawa s, open air shelters, bird shall be limited to gravel or paved Y p 11 1 7 f'. m Iid— 3 9 houses, garden storage sheds no larger than one hundred twenty (120) square feet, wood fencing, landscape planting, play equipment, outdoor furniture, and facilities for active recreation. 3. Pedestrian corridor open space shall be used for pedestrian, bicycle, and /or equestrian travel. Motorized vehicles shall be prohibited. Construction in these areas shall be limited to gr or paved pathways, wood fencing, and landscape planting. 4. Habitable structures shall not be permitted in any open space outlot. F. Ownership and Management. Each designated open space outlot shall be owned and managed according to one of the following means, subject to City Council approval. 1 Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least one (1) outlot of open space is held in common ownership, a homeowner association shall be established for that subdivision and membership in the association by all property owners in the subdivision shall be mandatory. 2. Open space may be deeded to an established land trust. Management shall be the responsibility of the land trust. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust. 3. Open space may be deeded to the City of Marine on St. Croix. Management shall be the responsibility of the City. 603.7 NTEIGHBORHOOD PERFORMANCE STANDARDS A. is the intention of this Ordinance to promote n to h b�phy' nd d a l affordability. offers a variety of lot size, configura P Evaluation and subdivision approval the proposed development development plan provides demonstration by the applicant that p P ose cohesive neighborhood(s) in a site design appropriate to the location of common open spaces. 12 § 20 -505 CHANHASSEN CITY CODE (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance stan- dards. (c) Density. An increase /transfer for density may be allowed at the sole discretion of the ' city utilizing the following factors: (1) Density within a PUD shall be calculated on gross acreage located within the prop- erty lines of the site in accordance with the land use plan. ' (2) The area where the density is transferred must be within the project area and owned by the proponent. ' (3) Density transfer in single - family detached area will be evaluated using the items listed in section 20 -506. Density transfer eligible for multiple - family areas are not to be applied to single - family areas. permitted (4) In no case shall the overall density of the development exceed the4r density ranges identified in the comprehensive plan. ' (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate income for a specific period of time. (e) Hard surface coverage shall be limited as follows: Comprehensive Hard Surface ' Plan Designation Coverage ( %) �--- } Low or medium density residential C 50 - 16 ( 'p , i ` 30 _�� High density residential �� '��' 50 Office G )! ,`'' ' ;r' t ± 70 ' Commercial (neighborhood or community) ,, r 70 :w.. 0 Commercial (regional) J(l , 70 � Industrial 70 Individual lots within PUD may exceed these standards as long as the average meets ' these standards. (f) The setback for all buildings within a PUD from any abutting street line shall be thirty ' (30) feet for local streets and fifty (50) feet from railroad lines for collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building up to a maximum of one hundred (100) feet. The setback for all t Supp. No. 5 1200.4 1 J ZONING § 20 -505 buildings from exterior PUD lot lines not abutting a public street shall be thirty (30) feet except that in no case shall the setback be less than the height of the building up to a maximum of one hundred (100) feet. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be setback at least twenty (20) feet from all exterior lot lines of a PUD. The setback for parking structures including decks and ramps shall be thirty -five (35) feet from local streets and fifty (50) feet from all other street classifications except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be fifty (50) feet or the height of the structure, whichever is greater where adjacent to residential property; thirty -five (35) feet when adjacent to nonresidential properties. Parking structures setbacks from internal public or private streets shall be deter- mined by the city based on characteristics of the specific PUD. Where industrial uses abut developed or platted single - family lots outside the PUD, greater exterior building and parking setbacks may be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan. (g) More than one (1) building may be placed on one (1) platted or recorded lot in a PUD. (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction, however, all parcels will remain subject to the PUD development contract that will be recorded in each chain -of- title. (i) Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants, established in the PUD Development Contract. 0) The requirements contained in article XXIII, General Supplemental Regulations, ar- ticle X=, Off- street Parking and Loading, and article)=, Landscaping and Tree Removal, may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordi- nances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. Supp. No. 5 1200.5 § 20 -505 CHANHASSEN CITY CODE (1) No building or other permit shall be issued for any work on property included within a proposed or approved PUD nor shall any work occur unless such work is in compliance with the proposed or approved PUD. (m) Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fifty -foot buffer yard is to be provided where the interface occurs along a public street, a one - hundred -foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering satisfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compli- ance with the standards herein. (Ord. No. 149, § 1, 6- 24 -91; Ord. No. 179, § 3, 11- 23 -92) Sec. 20.506. Standards and guidelines for single - family detached residential planned unit developments. (a) Intent. The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public /private open and recre- ational space, should also be enhanced. (b) Minimum Iot size. The - single - 1 amily- resid"en i UD x116 S'ic�t sizes down to a min - �- imum of eleven thousand (11,000) - feet (excluding identified wetland areas from lot --` calculations). Average -lot sizes for-the entire PUD shall- maintain -a - minimum area --of fifteen ,thousand (15;000) square - feet: The applicant must demonstrate that there are a mix of lot sizes n I �!J D t Supp. No. 5 1200.6 1 H ZONING § 20 -506 consistent with local terrain conditions, preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently ap- proved with the PUD. The applicant must demonstrate that each lot is able to accommodate a sixty -foot by forty -foot building pad and a twelve -foot by twelve -foot deck without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard, thirty (30) feet deep. This area may not be encumbered by the required home /deck pads or by wetland/drainage easements. It may include areas with steep terrain or tree cover. (c) Minimum lot width at building setback: Nin y (90) feet (d) Minimum lot depth: One hundred - (i00) feet. (e) Minimum setbacks: (1) PUD exterior: Thirty (30) feet *. (2) Front yard: Thirty (30) feet. (3) Rear yard: Thirty (30) feet. (4) Side yard: Ten (10) feet. * The thirty -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of twenty (20) feet shall be maintained. Accessory buildings and structures — located adjacent to or behind principal structure a minimum of ten (10) feet from property line. (f) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds, and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas these shall require a mix of over - story trees and other plantings consistent with the site. A minimum of over -story trees must be provided in each front yard. Well designed entrance monument is required. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double - fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to ac- commodate this landscaping, additional lot depth may be required. (3) Rear yard. The rear yard shall contain at least two over -story trees. Preservation of existing trees having a diameter of at least six (6) inches at four (4) feet in height can I Supp. No. 5 1200.7 § 20 -506 CHANHASSEN CITY CODE be used to satisfy this requirement of the PUD and the plans should be developed to maximize tree preservation. (h) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this .requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against free standing garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, § 1, 11- 23 -92) Sec. 20.507. Controls during construction and following completion. (a) The use of the land, the construction, modification or alteration of any buildings or structures in a PUD shall be governed by the final development plan, (b) After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan for a PUD except: (1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the city planner if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the bulk of any building structure by more that ten (10) percent. (2) Any building or structure that is totally or substantially destroyed may be recon- structed only in compliance with the final development plan unless an amendment to the final development plan is approved. (3) Changes in uses, any rearrangements of lots, blocks and building tracts, changes in the provisions of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the planning commission and upon final approval by the city council. Any changes shall be re- corded as amendments to the final development plan. (c) Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing 1 I u L Supp. No. 5 1200.8 1 ZONING § 20.508 procedure for such amendment shall be the same as for approval of the original PUD. A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units by more than five (5) percent; (3) Increases the gross floor area of nonresidential buildings by more than five (5) percent or increases the gross floor area of any individual building by more than ten (10) percent; (4) Deceases the amount of open space by more than five (5) percent or alters it in such ' a way as to change its original design or intended use; or (5) Creates noncompliance with any special condition attached to the approval of the ' master development plan. (Ord. No. 149, § 1, 6- 24 -91) ' Sec. 20.508. Standards and guidelines for single- family attached or cluster -home PUDs. (a) Generally. Single - family attached, cluster, zero lot line, and similar dwelling types ' shall only be allowed on sites designed for medium or high density residential uses by the City of Chanhassen Comprehensive Plan. (b) Minimum lot sizes. ikini iii t'slzes dow t-oTwe--th-ousand-EA, W--square-feet-may in no case will s density exceed guidelines established by the City of Chanhassen Comprehensive Plan. I N T ' (c) Setback standards /structures and parking: (1) PUD exterior: Fifty (50) feet. ' (2) Interior public right -of -way: Thirty (30) feet *. (3) Other setbacks: Established by PUD agreement. * The thirty -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of twenty (20) feet shall be maintained. ' (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds, and scenic views. These areas are to be permanently protected as ' public or private tracts or protected by permanently recorded easements. (e) Landscaping plan. An overall landscaping plan is required. The plan shall contain the ' following: (1) Boulevard plantings. Located in front yard areas these shall require a mix of over - story trees and other plantings consistent with the site. Landscaped berms shall be I provided to screen the site from major roadways, railroads and more intensive land Supp. No. 5 1200.9 § 20 -508 CHANHASSEN CITY CODE uses. Well designed entrance monument is required. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double - fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to ac- commodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to instal' plant materials meeting or exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (f) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against free standing garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. INTO. 179, § 2, 11- 23 -92) Secs. 20. 509 - 20.515. Reserved. DIVISION 2. PROCEDURES Sec. 20 -516. Preapplication conference. Prior to filing an application for PUD, the applicant shall attend a conference with the city. The primary purpose of the conference shall be to provide the applicant with an oppor- Supp. No. 5 1200.10 1 ZONING § 20 -517 ' tunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this article before incurring substantial expense. ' (Ord. No. 80, Art. V, § 18(5- 18- 6(1)), 12- 15 -86) ' Sec. 20.517. General concept plan. (a) The general concept plan for a PUD provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire ' development without incurring substantial cost. The plan shall include the following: (1) Overall gross and net density. ' (2) Identification of each lot size and lot width. (3) General location of major streets and pedestrian ways. (4) General location and extent of public and common open space. (5) General location and type of land uses and intensities of development. ' (6) Staging and time schedule for development. (b) The tentative written consent of all property owners within the proposed PUD shall be ' filed with the city before the staff commences review. Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. ' (c) The final acceptance of land uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. ' (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. ' (3) The planning commission shall conduct a hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official news- ' paper at least ten (10) days prior to the hearing, written notification of the hearing shall be mailed at least ten (10) days prior thereto to owners of land within five ' hundred (500) feet of the boundary of the property and an on -site notification sign erected. (4) Following the receipt of the report and recommendations from the planning commis- , sion the city council shall consider the proposal. If the planning commission fails to make a report within sixty (60) days after receipt of the application, then the city council may proceed without the report. The council may approve the concept plan ' and attach such conditions as it deems reasonable. Approval shall require a four - fifths vote of the entire council. ' (Ord. No. 80, Art. V, § 18(5- 18- 6(2)), 12- 15 -86) Supp. No. 6 1201 § 20 -518 CHANHASSEN CITY CODE I Sec. 20 -518. Development stage. ' (a) Following general concept approval of a PUD, the applicant shall submit the devel- opment stage application, preliminary plat and fee. If appropriate because of the limited scale , of the proposal, the concept stage and preliminary plan stages may proceed simultaneously. The applicant shall file the development plans and preliminary plat, together with all sup- porting data. ' (b) With the appropriate notifications, the planning commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations ' to the city council for action. (c) The development stage shall include but not be limited to: information by 18. , (1) A preliminary plat and required chapter (2) An approved development plan drawn to a scale of not less than one (1) inch equals one hundred (100) feet containing at least the following information: , a. Proposed name of the development. b. Property boundary lines and dimensions of the property and any significant , topographical or physical features of the property. c. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, and 1� existing buildings which will remain, if any. d. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and ' pedestrian; and the total site coverage of all circulation elements. e. The location, designation and total area proposed to be conveyed or dedicated for private and public open space, including parks, playgrounds, school sites and , recreational facilities. f. The location, use and size of structures and other land uses located within two hundred (200) feet of the property boundary. ' g. A natural resource analysis identifying existing vegetation areas consisting of forest and wood lots as well as wetlands and wetlands vegetation; the geology, slope, soil and groundwater characteristics of the site; existing lakes, streams, , ponds, drainage swales, runoff settling areas, and flood plains must be identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. ' h. A proposed landscaping plan, including location of existing plants, identification of species, caliper size and acreage. i. The location, type and size of all graphics and signage. ' j. Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept plan. ' (3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. Supp. No. 6 1202 ZONING § 20 -552 (4) A tabulation indicating the number of residential dwelling units and expected pop- ulation. (5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity. (6) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes. (7) Preliminary grading and site alteration plan illustrating changes to existing topog- raphy and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. ' (8) A soil erosion control plan acceptable to watershed districts, state department of natural resources, soil conservation service, or any other agency with review au- thority clearly illustrating erosion control measures to be used during construction ' and as permanent measures. (9) Protective covenants and homeowners' association bylaws. ' (d) The city may request additional information from the applicant concerning opera- tional factors or retain expert testimony at the expense of the applicant concerning operational factors. ' (Ord. No. 80, Art. V, § 18(5- 18- 6(3)), 12- 15 -86) Sec. 20 -519. Final stage. ' Following preliminary plat approval, the applicant for PUD shall prepare and submit the final plat and execute the development contract prepared by the city. If appropriate because of the limited scale of the proposal, the preliminary and final plats may proceed simultaneously. ' The city council shall then consider the submission for final approval and rezoning to PUD. (Ord. No. 80, Art. V, § 18(5- 18- 6(4)), 12- 15 -86) ' Secs. 20. 520 -20 -550. Reserved. ' ARTICLE IX. "A•1" AGRICULTURAL PRESERVATION DISTRICT Sec. 20.551. Intent. ' The intent of the "A -1" District is preservation of agricultural lands and allowing single - family residential development with forty -acre minimum lot sizes to preserve rural character ' in large areas of the community. (Ord. No. 80, Art. V, § 2(5 -2 -1), 12- 15 -86) Sec. 20.552. Permitted uses. ' The following uses are permitted in an "A -1" District: (1) Agriculture. Supp. No. 6 1203 J ZONING (4) The maximum lot coverage is three (3) percent. (5) The setbacks are as follows: a. For front yards, one hundred (100) feet. b. For rear yards, one hundred (100) feet. c. For side yards, fifty (50) feet. (6) The maximum height is as follows: a. For the principal structure, three (3) stories /forty (40) feet. b. For accessory structures, three (3) stories /forty (40) feet. (Ord. No. 80, Art. V, § 2(5 -2 -5), 12- 15 -86) § 20.572 ' Sec. 20.556. Agricultural preservation lands. Properties designated under agricultural preserve status as provided for by Minnesota Statutes chapter 473, shall be zoned A -1 Agricultural Preserves until such designation is requested by the landowner to be removed. No application fee is required for rezoning the property from A -1 to another district. (Ord. No. 80, Art. V, § 2(5 -2 -6), 12- 15 -86) Sec. 20 -557. Interim uses. The following are interim uses in the "A -1" District: (1) Mobile homes (compliance with section 20 -905 is not required). (2) Bed and breakfast establishments. (Ord. No. 120, § 3, 2- 12 -90) Secs. 20- 558 - 20.570. Reserved. ARTICLE X. "A -2" AGRICULTURAL ESTATE DISTRICT Sec. 20.571. Intent. The intent of the "A -2" District is preservation of rural character while respecting devel- opment patterns by allowing single - family residential development. (Ord. No. 80, Art. V, § 3(5 -3 -1), 12- 15 -86) Sec. 20 -572. Permitted uses. The following uses are permitted in an "A -2" District: (1) Agriculture. (2) Public and private parks and open space. (3) Single - family dwellings. Supp. No. 6 1205 I� l § 20 -572 CHANHASSEN CITY CODE (4) State - licensed day care center for twelve (12) or fewer children. (5) Utility services. (6) State - licensed group home for six (6) or fewer persons. (7) Temporary real estate office and model home. (8) Arboretums. (Ord. No. 80, Art. V, § 3(5 -3 -2), 12- 15 -86) Sec. 20.573. Permitted accessory uses. The following are permitted accessory uses in an "A -2" District: (1) Accessory agricultural building. (2) Garage. (3) Private stables. (4) Swimming pool. (5) Tennis court. (6) Signs. (7) Home occupations. (8) One (1) dock. (9) Roadside stand. (10) Private kennel. (Ord. No. 80, Art. V, § 3(5 -3 -3), 12- 15 -86) Sec. 20 -574. Conditional uses. The following are conditional uses in an "A -2" District: (1) Reserved. (2) Reserved. (3) Reserved. (4) Cemetery. (5) Reserved. (6) Reserved. (7) Commercial communication transmission towers. (8) Reserved. (9) Electrical substation. Supp. No. 6 1206 ZONING § 20 -576 (10) Reserved. (11) Churches. (12) Recreational beachlots. (13) Group homes for seven (7) to sixteen (16) persons. j (Ord. No. 80, Art. V, § 3(5 -3 -4), 12- 15 -86; Ord. No. 80 -E, § 1, 11- 16 -87; Ord. No. 96, § 1, 9- 26 -88; Ord. No. 103, § 1, 5- 22 -89; Ord. No. 120, § 4(2), 2- 12.90) State law reference — Conditional uses, M.S. § 462.3595. Sec. 20.575. Lot requirements and setbacks. The following minimum requirements shall be observed in an "A -2" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (1) The minimum lot area is two and one -half (2 1 /2) acres, subject to section 20 -906. (2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot frontage of lots fronting on a cul- de-sac shall be at least two hundred (200) feet at the building setback line. (3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a cul -de -sac shall be at least two hundred (200) feet at the building setback line. (4) The maximum lot coverage is twenty (20) percent. (5) The minimum setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, ten (10) feet. (6) The maximum height is as follows: a. For the principal structure, three (3) stories /forty (40) feet. b. For accessory structures, three (3) stories /forty (40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250) feet. (Ord. No. 80, Art. V, § 3(5 -3 -5), 12- 15 -86; Ord. No. 170, § 1, 7- 23 -92; Ord. No. 194, § 1, 10- 11.93) Sec. 20.576. Interim uses. The following are interim uses in the "A -2" District: (1) Churches: (2) Mineral extraction. (3) Reserved. J Supp. No. 6 1207 ZONING § 20 -613 Sec. 20 -596. Interim uses. The following are interim uses in the "RR" District: (1) Commercial kennels and stables. (Ord. No. 120, § 3, 2- 12.90) Editor's note — Inasmuch as there exists a § 20 -595, the provisions added by § 3 of Ord: No. 120 as § 20 -595 have been redesignated as § 20 -596. Secs. 20- 597 -20 -610. Reserved. ARTICLE XII. "RSF" SINGLE- FAMILY RESIDENTIAL DISTRICT Sec. 20 -611. Intent. The intent of the "RSF" District is to provide for single - family residential subdivisions. (Ord. No. 80, Art. V, § 5(5 -5.1), 12- 15 -86) Sec. 20 -612. Permitted uses. The following uses are permitted in an "RSF" District: (1) Single - family dwellings. (2) Public and private open space. (3) State - licensed day care center for twelve (12) or fewer children. (4) State - licensed group home serving six (6) or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (Ord. No. 80, Art. V, § 5(5.5 -2), 12- 15 -86) Sec. 20 -613. Permitted accessory uses. The following are permitted accessory uses in an "RSF" District: (1) Garage. (2) Storage building. . i3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. Supp. No. 3 1209 § 20.613 CHANHASSEN CITY CODE (7) One (1) dock. (8) Private kennel. (Ord. No. 80, Art. V, § 5(5 -5 -3), 12- 15 -86) Sec. 20 -614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. (Ord. No. 80, Art. V, § 5(5 -5 -4), 12- 15 -86; Ord. No. 120, § 4(4), 2- 12 -90) State law reference — Conditional uses, M.S. § 462.3595. Sec. 20.615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is ninety (90) feet, except that lots fronting on a cul -de -sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually illustrated below. Lots Where Frontage Is Measured At Setback Line 0 too: _NW COW • e 1•• � • .• ;3 % , Supp. No. 3 1210 r ZONING § 20 -615 (3) The minimum lot depth is one hundred twenty -five (125) feet. The location of these lots is conceptually illustrated below. Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred (100) feet as measured at the front building setback line. Neck / Flag Lots Fton Lot Line 1 1 1 1 100 Width ' 1 1 ' (4) The maximum lot coverage for all structures and paved surfaces is twenty -five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. ' c. For side yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or flag or neck lots, are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to ' be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the t point nearest the front lot line where the lot achieves a one - hundred -foot min- imum width. b. For rear yards, thirty (30) feet. r - -'�— c. For side yards, twenty-W)—feet.— (7) The maximum height is as follows: ' a. For the principal structure, three (3) stories /forty (40) feet. Supp. No. 3 1210.1 § 20 -615 CHANHASSEN CITY CODE b. For accessory structures, twenty (20) feet. (Ord. No. 80, Art. V, § 5(5 -5 -5), 12- 15.86; Ord. No. 90, § 1, 3- 14 -88; Ord. No. 127, § 3, 3- 26.90; Ord. No. 145, § 2, 4 -8 -91) Editor's note — Section 2 of Ord. No. 145 purported to amend § 20- 615(6)b. pertaining to accessory structures; such provision were contained in § 20- 615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence, the provisions of Ord. No. 145, § 2, were included as amending § 20- 615(7)b. Sec. 20 -616. Interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2- 12 -90) Secs. 20- 617 -20 -630. Reserved. Supp. No. 3 1210.2 i ZONING § 20 -634 ARTICLE XIII. "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20 -631. Intent. The intent of the "R -4" District is to provide for single- family and attached residential development at a maximum net density of four (4) dwelling units per acre. (Ord. No. 80, Art. V, § 6(5 -6 -1), 12- 15 -86) Sec. 20 -632. Permitted uses. The following uses are permitted in an "R -4" District: (1) Single - family dwellings. (2) Two - family dwellings. (3) Public and private parks and open space. (4) Group home serving six (6) or fewer persons. (5) State - licensed day care center for twelve (12) or fewer children. (6) Utility services. (7) Temporary real estate office and model home. (Ord. No. 80, Art. V, § 6(5 -6 -2), 12- 15 -86) Sec. 20 -633. Permitted accessory uses. The following are permitted accessory uses in an "R -4" District: (1) Garage. (2) Storage buildings. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (Ord. No. 80, Art. V, § 6(5 -6 -3), 12- 15 -86) Sec. 20 -634. Conditional uses. The following are conditional uses in an "R -4" District: (1) Churches. (2) Reserved. Supp. No. 2 1211 § 20 -634 CHANHASSEN CITY CODE I (3) Reserved. ' (4) Private kennel. (Ord. No. 80, Art. V, § 6(5 -6 -4), 12- 15 -86; Ord. No. 120, § 4(5), 2- 12 -90) ' State law reference — Conditional uses, M.S. § 462.3595, Sec. 20 -635. Lot requirements and setbacks. "R The following minimum requirements shall be observed in an -4" District subject to ' additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: ' a. For a detached single - family dwelling unit, fifteen thousand (15,000) square feet per unit. b. For a two- family dwelling, ten thousand (10,000) square feet per dwelling unit. (2) The minimum lot frontage is as follows: ' a. For a single - family dwelling, eighty (80) feet. b. For a two - family dwelling, fifty (50) feet per dwelling unit. c. If the lot fronts on a cul -de -sac the width of the lot at the building setback lines ' shall be: 1. In the case of a single- family dwelling, eighty (80) feet. 2. In the case of a two - family dwelling, fifty (50) feet. t (3) The minimum lot depth is one hundred twenty -five (125) feet. (4) The maximum lot coverage for all structures and paved surfaces is thirty (30) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. ' b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. (6) The height is follows: ' maximum as a. For the principal structure, three (3) stories /forty (40) feet. b. For accessory structures, one (1) story /fifteen (15) feet. (Ord. No. 80, Art. V, § 6(5 -6 -5), 12- 15 -86; Ord. No. 90, § 2, 3.14 -88) Sec. 20 -636. Reserved. Sec. 20.637. Interim vises. ' The following are interim uses in the "R-4" District: (1) Boarding houses. ' (2) Private kennels. (Ord. No. 120, § 3, 2- 12 -90) Supp. No. 2 ' 1212 I ZONING § 20 -654 I Secs. 20- 638 -20 -650. Reserved. ' ARTICLE XIV. "R-8" MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 20 -651. Intent. aril -c D r ' The intent of the R -8 District is to provide for single - family /attached residential develop- ment at a maximum net density of eight (8) dwelling units per acre. (Ord. No. 80, Art. V, § 7(5-7-1),12-15-86) Sec. 20 -652. Permitted uses. ' The following uses are permitted in an "R -8" District: �ir)n 1 -{ GM � ki (1)VTownhouses, twalfamily and multi- family dwellings. ' (2) Public and private parks and open spaces. (3) Utility services. (4) Temporary real estate office and model home. (Ord. No. 80, Art. V, § 7(5 -7 -2), 12- 15 -86) 1 Sec. 20 -653. Permitted accessory uses. The following are permitted accessory uses in an "R -8" District: (1) Garage. (2) Storage building. (3 ) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1) dock. (Ord. No. 80, Art. V, § 7(5 -7 -3), 12- 15 -86) ' Sec. 20 -654. Conditional uses. The following are conditional uses in an "R -8" District: ' (1) Day care center. (2) Group home serving from-seven (7) to sixteen (16) persons. ' (3) Boarding houses. I Supp. No. 2 1213 L § 20 -654 CHANHASSEN CITY CODE I (4) Churches, (5) Recreational beach lots. (Ord. No. 80, Art. V, § 7(5-7-4),12-15-86) State law reference — Conditional uses, M.S. § 462.3595, Sec. 20 -655. Lot requirements and setbacks. The following minimum requirements shall be observed in an "R -8" District subject to ' additional requirements, exceptions and modifications set forth in this chapter: 1 (1) The minimum lot area is as follows: For a two - family dwelling, s ven thousand five hundred (7,500) square feet per b dwelling unit. ' c�. For a townhouse or multi- family dwelling, five thousand five hundred (5,500) square feet per dwelling unit. (2 ) The minimum lot frontage is fifty (50) feet per dwelling unit except that in the case of , a lot that fronts on a cul -de -sac, the width of the lot at the building setback line shall be as llows: i I SF &I F`' f, If a two- family dwelling is located on the lot, fifty (50) feet per dwelling unit. C }�. If a townhouse or multiple - family project is located on the lot, one hundred fifty. (150) feet. (3) The minimum lot depth is one hundr d fifty (150) feet. (4 The maximum lot coverage is thirty -five (35) percent. 5 The setbacks are as follows: a. For front yards, twenty -five (25) feet. ' b. For rear yards, twenty -five (25) feet. C. For side yards, ten (10) feet SF +1aci'��) m� (6) The maximum height is as follows: a. For the principal structure, three (3) stories /forty (40) feet. b. For accessory structures, one (1) story /fifteen (15) feet. j rd. No. 80, Art. V, § 7(5 -7 -5), 12- 15 -86) Secs. 20- 656 - 20.670. Reserved. . ro r SI & An( ` t - Supp. No. 2 1214 ' § 20 -683 CHANHASSEN CITY CODE (5) Temporary real estate office and model home. t (6) Churches. (Ord. No. 123, § 1, 3- 12 -90) 1 Sec. 20 -684. Lot requirements and setbacks. The following minimum requirements shall be observed in an R -16 District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. Two thousand seven hundred (2,700) square feet per dwelling unit. (2) The maximum lot coverage is fifty (50) percent. (3) The building setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, fifty (50) feet. (4) Parking setbacks shall be twenty -five (25) feet from all property lines. (5) The maximum height is as follows: a. For the principal structure, three (3) stories /forty (40) feet. b. For accessory structures, one (1) story /fifteen (15) feet. (Ord. No. 123, § 1, 3- 12 -90) Secs. 20- 685 -20 -690. Reserved. ARTICLE XVI. "BN" NEIGHBORHOOD BUSINESS DISTRICT Sec. 20 -691. Intent. The intent of the "BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. (Ord. No. 80, Art. V, § 10(5- 10 -1), 12- 15 -86) Sec. 20 -692. Permitted uses. The following uses are permitted in a "BN" District: (1) Convenience stores without gas pumps. (2) Neighborhood oriented retail shops. (3) Self- service laundries. (4) Dry cleaning and laundry pick -up stations. (5) Day care center. Supp. No. 2 1218 O N ZONING § 20 -695 ' 0% r► (6) Personal service establishments. (7) Professional offices. (8) Small appliance and shoe repair shops. (9) Health services. / (10) Veterinary clinics, (11) Utility services. (12) Shopping center. (13) Private clubs and lodges. (14) Community center. (Ord. No. 80, Art, V, § 10(5- 10 -2), 12- 15 -86) r Sec. 20 -693. Permitted accessory uses. ' The following are permitted accessory uses in a "BY' District: (1) Parking lots. ' l (2) Car wash (when accessory to automotive service station). (3) Signs. f ,. (Ord. No. 80, Art. V, § 10(5.10 -3), 12- 15 -86) t..' l s b P U (� ) J( l Sec. 20 -694. Conditional uses. u The following are conditional uses in a "Blv N" District: ' (1) Convenience store with gas pumps. (2) Reserved. ' (3) Drive -in banks including automated kiosks. (4) Reserved. ' (5) Standard restaurants. (6) Bed and breakfast establishments. (Ord. No. 80, Art. V, § 10(5 - 10-4), 12- 15 -86; Ord. No. 116, § 5, 1- 22 -90; Ord. No. 120, § 4(7), 2- 12 -90) State law 462.3595. ' reference — Conditional uses, M.S. § Sec. 20 -695. Lot requirements and setbacks. The following "BN" , minimum requirements shall.be observed in a District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is three (3) acres. This paragraph may be waived in the ' case of expansion to an existing district. (2) The minimum lot area is fifteen thousand (15,000) square feet. ' Supp. No. 3 1219 I § 20 -695 L u CHANHASSEN CITY CODE (3) The minimum lot frontage is seventy -five (75) feet, except that lots fronting on a cul -de -sac shall have a minimum frontage of sixty (60) feet in all districts. (4) The minimum lot depth is one hundred fifty (150) feet. (5) The maximum lot coverage including all structures and paved surfaces is sixty -five (65) percent. (6) Off- street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20 -1191 and 20 -1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off - street parking area. c. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. d. The minimum setback is twenty -five (25) feet for side street side yards. e. Parking setbacks along public rights -of -way may be reduced to a minim of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one - hundred - percent screening is provided at least five (5) feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, one (1) story. b. For accessory structures, one (1) story. (8) Minimum setback requirements: a. For front yards, thirty -five (35) feet. b. For rear yards, thirty (30) feet. c. For side yards, fifteen (15) feet. d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fifty -foot buffer yard is to be provided where the interface occurs along a public street, a one - hundred -foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard 'is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to pro- ' Supp. No. 3 1220 L ZONING § 20 -712 , vide the buffer yard shall be placed on the parcel containing the higher intensity ' use. The buffer yard is intended to provide additional physical separation and screening ' for the higher intensity use. As such, they will be required to be provided with a ' combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall ' be designed to require the minimum of maintenance, however, such maintenance ' as may be required to maintain consistency with the approved plan, shall be the ' obligation of the property owner. ' Buffer yards shall be covered by a permanently recorded conservation easement ' running in favor of the city. In ' instances where existing topography and/or vegetation provide buffering sat- isfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall ' have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V, § 10(5- 10 -5), 12- 15 -86; Ord. No. 94, §§ 1, 2, 7- 25 -88; Ord. No. 136, §§ 1A, 113, 1- 28 -91) ' Sec. 20 -696. Interim uses. The following interim in the "BN" District: ' are uses (1) Churches. (2) Temporaty outdoor display of merchandise for sale. ' (Ord. No. 120, § 3, 2- 12 -90) Secs. 20- 697 -20 -710. Reserved. ' ARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT ' Sec. 20 -711. Intent. The intent of the "BH" District is to provide for highway oriented commercial develop - ' ment restricted to a low building profile. (Ord. No. 80, Art. V, § 11(5- 11 -1), 12- 15 -86) ' Sec. 20 -712. Permitted uses. The following uses are permitted in a "BH" District: ' (1) Financial institutions. (2) Fast food restaurant. ' (3) Reserved. / (4) Standard restaurants. Supp. No. 5 1221 7 J 7 C § 20 -795 CHANHASSEN CITY CODE (4) The maximum lot coverage is sixty -five (65) percent. (5) Off- street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right -of -way, except as provided in sections 20 -1191 and 20 -1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off - street parking area. c. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. d. The minimum setback is twenty -five (25) feet for side street side yards. (6) The maximum height is as follows: a. For the principal structure, two (2) stores. b. For accessory structures, one (1) story. (7) Minimum setback requirements: a. For front yards, thirty -five (35) feet. b. For rear yards, thirty (30) feet. c. For side yards, fifteen (15) feet. d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right- of-way. (Ord. No. 80, Art. V, § 15(5- 15 -5), 12- 15 -86; Ord. No. 94, §§ 1, 6, 7- 25 -88) Secs. 20- 796 -20 -810. Reserved. ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20 -811. Intent. The intent of the "IOP" District is to provide an area identified for large scale light industrial and commercial planned development. (Ord. No. 80, Art. V, § 16(5- 16 -1), 12- 15 -86) Sec. 20 -812. Permitted uses. The following uses are permitted in an "IOP" District: (1) Offices. (2) Warehouses. (3) Light manufacturing. } (4) Tra& ships. (5) Health services. Supp. No. 2 1230.2 ZONING § 20 -814 (6) Printers. (7) Indoor health and recreation clubs. (8) Body shops. (9) Utility services. (10) Recording studios. (11) Off- premises parking lots. (12) Conference /convention centers. (Ord. No. 80, Art. V, § 16(5- 16 -2), 12- 15 -86) Sec. 20 -813. Permitted accessory uses. The following are permitted accessory uses in an "IOP" District: (1) Parking lots and ramps. (2) Signs. (3) Retail sales of products stored or manufactured on the site provided no more than twenty (20) percent of the floor space is used for retail sales. (4) State - licensed day care center. (Ord. No. 80, Art. V, § 16(5- 16 -3), 12- 15 -86; Ord. No. 93, § 1, 7- 25 -88) Sec. 20 -814. Conditional uses. The following are conditional uses in an "IOP" District: (1) Reserved. (2) Communication transmission towers. (3) Public buildings. (4) Motor freight terminals. (5) Outdoor health and recreation clubs. (6) Screened outdoor storage. (7) Research laboratories. (8) Contracting yards. (9) Lumber yards. (10) Home improvement trades. (11) Hotels and motels. (12) Food processing. Supp. No. 3 1230.3 r § 20 -814 CHANHASSEN CITY CODE (13) State - licensed day care centers as a separate facility. (14) State - licensed day care centers as part of a multitenant building. (Ord. No. 80, Art. V, § 16(5- 16 -4), 12- 15 -86; Ord. No. 97, § 1, 10.24 -88; Ord. No. 120, § 4(12), 2- 12 -90) State law re , erence— Conditional uses, M.S. § 462.3595. Sec. 20 -815. Lot requirements and setbacks. The following minimum requirements shall be observed in an "IOP" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is one (1) acre. (2) The minimum lot frontage is one hundred fifty (150) feet, except that lots fronting on a cul -de -sac shall have a minimum frontage of sixty (60) feet. (3) The minimum lot depth is two hundred (200) feet: (4) The maximum lot coverage is seventy (70) percent. (5) Off - street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20 -1191 and 20 -1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum ' setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. d. The minimum setback is twenty -five (25) feet for side street side yards. e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one - hundred - percent screening is provided at least five (5) feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (6) The maximum height is as follows: a. For the principal structure, four (4) stories/fifty (50) feet. b. For accessory structures, one (1) story. (7) Minimum setback requirements: a. For front yards, thirty (30) feet. b. For rear yards, ten (10) feet. c. For side yards, ten (10) feet. d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. Supp. No. 3 1230.4 n ZONING § 20 -900 e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fifty -foot buffer yard is to be provided where the interface occurs along a public street, a one - hundred -foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full,obligation to pro- vide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering sat- isfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V, § 16(5- 16 -5), 12- 15 -86; Ord. No. 94, §§ 1, 7, 7- 25 -88; Ord. No. 136, §§ 1A, 1B, 1- 28.91) Sec. 20 -816. Interim uses. The following are interim uses in the "IOP" District: (1) Churches. (2) Concrete mixing plants. (Ord. No. 120, § 3, 2- 12 -90) Secs. 20- 817 -20 -900. Reserved. Supp. No. 3 1230.5 L 1 § 20.901 CHANHASSEN CITY CODE ' ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 1. GENERALLY Sec. 20 -901. Overhead transmission lines. ' Installation of overhead transmission lines in excess of sixty -nine (69) kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other ' conditions as deemed necessary to protect the public health, safety and welfare. (Ord. No. 80, Art. VI, § 2, 12- 15 -86) ' Sec. 20 -902. Multiple principal buildings on same lot. In any single- family detached residential district not more than one (1) principal building ' shall be permitted to be erected on a single building lot. Groupings of buildings in other districts may only be permitted by conditional use permit. (Ord. No. 80, Art. VI, § 3, 12- 15 -86) ' Sec. 20 -903. Zoning lots. ' (a) The designation of a zoning lot shall be approved by the city planner if it complies with the lot requirements of the district in which it is located and has a single tax identification number. ' (b) Interior lot lines within a zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. (c) After designation of a zoning lot the lot may not be subdivided without complying with the city's subdivision regulations. (Ord. No. 129, § 2, 6 -4.90) ' Sec. 20.904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area ' or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: ' (1) In the RSF and R -4 Districts accessory structures shall not exceed one thousand (1,000) square feet. These structures may encroach into the rear setback as follows: a. Less than one hundred forty (140) square feet, minimum rear setback is five (5) ' feet. b. One hundred forty -one (141) to three hundred ninety -nine (399) square feet, min- imum rear setback is ten (10) feet. ' c. Four hundred (400) square feet and above, minimum rear setback is thirty (30) feet. I Supp. No. 3 1230.6 ZONING § 20 -905 (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than thirty (30) percent of the yard in which it is built. (3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten (10) feet, [but] however, must comply with applicable ordinary high water mark setbacks. (b) A detached accessory structure may occupy not more than thirty (30) percent of the area of any rear yard. (c) For parcels with less than three (3) acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed, or commenced prior to the erection, construction, or commencement of the principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure or use is subsequently removed, destroyed, or discontinued, the accessory structure or use must be removed or discontinued within twelve (12) months. (Ord. No. 80, Art. VI, § 5, 12- 15 -86; Ord. No. 145, § 1, 4 -8 -91; Ord. No. 215, § 1, 8 -8 -94) Sec. 20 -905. Single - family dwellings. All single - family detached homes shall: (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. �X 4 (2) Conform to the following standards for living areas: a. If a one -story rambler design, have an area of nine hundred sixty (960) square feet. b. If a split level design, have an area of one thousand fifty (1 square feet. / c. If a split foyer and two -story design, have an area of six hundred (600) square feet on the first floor, us a two -car garage must be attached to th se ni gle- family structure. (3) Have an earth covered, composition, shingled or tiled roof or other materials approved by the Uniform 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 Uniform Building Code as adopted and amended by the city or the applicable manufactured housing code. (Ord. No. 80, Art. VI, § 6, 12- 15 -86) Cross reference — Technical codes, § 7 -16 et seq. Supp. No. 7 1231 r CITY OF CHANHASSEN 690 COULTER DRIVE • FO. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Inspections, Planning, & Engineering Staff FROM: Steve A. Kirchman, Building Official DATE: January 29, 1993 SUBJ: Dwelling Type Designation We have been requesting on site plan reviews that the developer designate the type of dwelling that is acceptable on each proposed lot in a new development. I thought perhaps it might be helpful to staff to explain and diagram these designations and the reasoning behind the requirements. F FLO or RLO Designates Front ]Lookout or Rear Lookout This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to approximately 4' above the basement floor level R Designates Rambler. This includes dwellings wiih;,the basement floor level approximately 8' below grade with the surrounding grade approximately level This would include two story's and many 4 level dwellings. SE Designates Split Entry This includes dwellings with the basement floor level approximately 4' below grade with the surrounding grade approximately level. SEWO Designates Split Entry Walk Out This includes dwellings with the basement floor level approximately 4' below grade at its' deepest with the surrounding grade sloping down to lowest floor level. TU Designates, Tuck Under. This includes dwellings with the basement floor level approximately 8' below grade,at its deepest with the surrounding grade sloping down to the lowest floor level in the front of the dwelling. wo Designates Walk Out: This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level m the tear of the dwelling. SE R SEWO w0 FLO - - - - -- -- ,, -- - - - -- °'DLO _- Inspections staff uses these designations when reviewing plans which are then passed to the engineering staff for further review. Approved grading plans are compared to proposed building plans to insure compliance to approved conditions. The same designation must be used on all documents in order to avoid confusion and incorrect plan reviews. two PRINTED ON RECYCLED PAPER § 20 -906 CHANHASSEN CITY CODE L rV_ Sec. 20.906. Alternate lot size requirements in A -1 and A=2 Residential Zoning Dis. tricts. Minimum lot size requirements in the-A�-r and A--2 Residential Zoning Districts located outside of the Metropolitan Council's Urban Service Area shall be regulated by Article IX and Article X of this chapter, respectively, or in the alternative may be fifteen thousand (15,000) square feet if the following conditions are met: (1) A one -unit per ten -acre density is maintained. (2) All lots must have soil and water conditions which permit a well. (3) All lots must have conditions which will permit two (2) on -site sewer systems installed in conformance with chapter 19, article 1V. (4) The one - unit per ten - acre density applies to contiguous property under single owner- ship. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Transfer of develop- ment rights from one parcel of land to another is not allowed, except as permitted in paragraph (7) below. (5) Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities re- maining or documenting that no building eligibility remains. Transfer of develop- ment rights from one parcel of land to another is not allowed. (6) Each site must have an area which can support two (2) septic system sites, on a slope of less than twenty -five (25) percent. (7) Parcels which do not have public street frontage and are landlocked may transfer building eligibilities to an adjacent parcel which does have public street frontage and meets other provisions of this section. (Ord. No. 80, Art. VI, § 7, 12- 15 -86; Ord. No. 170, § 3, 6 -8 -92; Ord. No. 194, § 3, 10- 11 -93) Sec. 20 -907. Height regulations. (a) Where the average slope of a lot is greater than one (1) foot rise or fall in seven (7) feet of horizontal distance from the established street elevation at the property line, one (1) story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building. (b) The height limitations stipulated elsewhere in this chapter shall not apply to the following: (1) Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, chimneys, smoke stacks, flag poles, masts and aerials; communication transmission towers; parapet walls extending not more than four (4) feet above the limiting height of the building. I 0 Supp. No. 7 1232 1 § 20 -959 CHANHASSEN CITY CODE Sec. 20 -959. Explosives. Any use requiring the storage, use or manufacturing of products which could decompose by detonation shall be located not less than four hundred (400) feet from any R District line provided that this section shall not apply to the storage or use of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. No. 80, Art. VI, 1(6 -1 -9), 12- 15 -86) ' Sec. 20.960. Surface water management. All development shall comply with the city's surface water management plan dated Feb- ' ruary 1994, which is incorporated herein by this reference. (Ord. No. 227, § 1, 10- 24 -94) I Secs. 20.961 - 20.975. Reserved. 1 Supp. No. 7 1238 DIVISION 3. HOME OCCUPATIONS Sec. 20.976. Compliance. ' A home occupation may be established and conducted only in accordance with this divi- sion. ' (Ord. No. 80, Art. VI, § 8, 12- 15 -86) Sec. 20.977. Subordinate use. ' The use of a dwelling unit for any home occupation shall be clearly incidental and sub- ordinate to its residential use. Not more than twenty -five (25) percent of the floor area of one (1) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or ' accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. ' (Ord. No. 80, Art. VI, § 8(6 -8 -1), 12- 15 -86) Sec. 20 -978. Occupations permitted. ' The following home occupations are permitted: (1) Professional services such as architects, engineers, attorneys, office, real estate agents, ' insurance agents, and computer programmers, secretarial services, and manufactur- er's representatives. (2) Dressmaking, sewing, and tailoring. (3) Painting, sculpturing or writing. ' (4) Home crafts such as model making, rug weaving, lapidary work, pottery and cabinet making. 1 Supp. No. 7 1238 ZONING § 20.979 (5) Tutoring services (e.g. piano teacher). (Ord. No. 80, Art. VI, § 8(6 -8 -2), 12- 15 -86) 0 VA Sec. 20.979. Outside appearance. I \ µ �U t�(�`C 1 The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. (Ord. No. 80, Art. VI, § 8(6 -8 -3), 12- 15 -86) Supp. No. 7 1238.1 ' DIVISION 5. FENCES AND WALLS Sec. 20 -1016. Intent. The intent of this division is to provide standards for fences along the perimeter of lots that act as boundaries and/or barriers. , (Ord. No. 80, Art. VI, § 12(6- 12 -1), 12- 15 -86) ' 1240 § 20 -1001 CHANHASSEN CITY CODE (4) Animals being kept as part of the Minnesota Zoological Garden's or St. Paul Como Zoo's docent programs are in allowed in use all zoning districts. Before such animals are allowed, however, the participant in the program must receive the approval of the council regarding participation in the program and identify the animal being kept. ' (5) Animals may only be kept for commercial purposes if authorized in the zoning district were the animals are located. ' (6) Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. (7) Other animals may be allowed by conditional use permit. (Ord. No. 80, Art. VI, § 9(6 12- -9 -1), 15 -86) ' Sec. 20 -1002. Care and treatment. Animals kept within any zoning district shall be subject to the following requirements: (1) The size, number, species, facilities for and location of animals kept shall be main- ' tained so as not to constitute a danger or nuisance by means of odor, noise or otherwise. ' (2) Facilities for housing animals shall be: a. Constructed of such material as is appropriate for the animals involved. b. Maintained in good repair. c. Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animals. d. Of sufficient size to allow adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. e. Cleaned as often as necessary to prevent contamination of the animals contained ' therein and to minimize disease hazards and reduce odors. (3) Animals shall be provided wholesome, palatable food and water free from contamina- tion and of sufficient quantity and nutritive value to maintain all animals in good health. (4) Animals kept in pet shops or kennels shall be kept in accordance with regulations for ' pet shops and kennels in addition to the regulations provided by this division. Pet shop or kennel owners shall receive a license as required by the city. (Ord. No. 80, Art. VI, § 6 -9 -2, 12- 15 -86) ' Secs. 20- 1003 -20 -1015. Reserved. ' DIVISION 5. FENCES AND WALLS Sec. 20 -1016. Intent. The intent of this division is to provide standards for fences along the perimeter of lots that act as boundaries and/or barriers. , (Ord. No. 80, Art. VI, § 12(6- 12 -1), 12- 15 -86) ' 1240 ZONING Sec. 20 -1017. Permit. § 20 -1020 1 A building permit shall be obtained for any fence installed for any purpose other than an agricultural purpose prior to installation of same. A site plan showing location of the fence shall be submitted with the permit application. The building official may require a fence permit application to provide a registered land survey establishing property lines. (Ord. No. 80, Art. VI, § 12(6 -12 -2, 6 -12 -4, 6- 12 -5), 12- 15 -86) Sec. 20 -1018. Commercial and industrial fences. Fences for screening or storage purposes installed on property used for commercial or industrial uses may have a maximum height of eight (8) feet. When commercial or industrial uses abut property used or zoned for residential uses, a fence at least six (6) feet in height shall be placed between the residential and the commercial and industrial property. Said fence must be one hundred (100) percent opaque. Commercial or industrial fences over eight (8) feet shall require a conditional use permit. Fences utilizing barbed wire in all commercial and industrial districts shall require a conditional use permit. (Ord. No. 80, Art. VI, § 12(6- 12 -10), 12- 15 -86; Ord. No. 90, § 3, 3- 14 -88) Sec. 20.1019. Location. (a) Generally. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that said fence may be erected on the property line of the respective properties. Such an agreement shall be submitted at the time of building permit application. (b) Wetlands. No fences shall be permitted below the ordinary high water mark of a wetland. (Ord. No. 80, Art. VI, § 12(6- 12 -3), 12- 15 -86; Ord. No. 181, § 1, 3 -8 -03) Sec. 20 -1020. Construction and maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in such condition as to not become a hazard, eyesore, or public or private nuisance. All fences shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this chapter or which endangers the public safety, health or welfare shall be considered a public nuisance. Abatement proceedings may be instituted by the proper city official after fifteen (15) days notification, if the owner of such fence has not undertaken the necessary repairs to abate the nuisance. Link fences shall be constructed in such a manner that no barbed ends shall be exposed. (Ord. No. 80, Art. VI, § 12(6- 12 -6), 12- 15 -86) Supp. No. 5 1241 r r L L� I Sec. 20.1024. Barbed wire fences. ' Barbed wire fences are prohibited in all residential districts. Barbed wire fences are permitted in the agricultural districts. ' (Ord. No. 90, § 4, 3- 14 -88) Supp. INTO. 5 1242 § 20 -1021 CHANHASSEN CITY CODE ' Sec. 20 -1021. Swimming pool fences. ' All in- ground swimming pools shall be protected by a fence not less than five (5) feet in height. All gates shall have a self - closing and self-latching latch installed on the pool side of the fence. All fences shall be nonclimbable and shall have intermediate rails or ornamental pattern such that a sphere four (4) inches in diameter cannot pass through. Subsection (a) does not apply to pools which are located on property which are completely enclosed by perimeter fence five (5) feet in height. ' (Ord. No. 80, Art. VI, § 12(6- 12 -7), 12- 15 -86; Ord. No. 110, § 2, 8- 28 -89) Sec. 20 -1022. Shoreline fences. ' Fences to be installed on riparian lots shall have a maximum height of three and one -half (3 feet in the rear yard (lake side). ' (Ord. No. 80, Art. VI, § 12(6- 12 -8), 12- 15 -86) Sec. 20.1023. Height. ' Any fence over six and one -half (6 /2) feet must receive a conditional use permit. The fence height is measured from ground elevation to the highest point on the fence. All other resi- dential fences shall meet the following standards: ' (1) Side yards and rear yards. In any side or rear yard on lots, the height of fences shall not exceed six and one -half (6 feet. (2) Front yards. Fences in the required front yard setback area that are opaque shall not exceed three (3) feet in height. Chain link fences in this area shall not exceed four (4) feet in height. All other open fences in this area shall not exceed six and one -half (6 /2) feet in height. (3) Corner otl s. In a dition to the other provisions contained in this section, fences located ' on corner lots shall be su ject to the following provisions: nr bi� - (0(4c a. Any fence within the required front yard setback area shall not exceed three (3) feet in height if opaque construction, or four (4) feet in height if open construction. ' b. The maximum height of a fence shall conform to the requirements of fences in front yards within the corner site triangle. Two sides of the corner site triangle commence at the corner of the lot located at the intersection of the two streets and ' run a distance of thirty (30) feet back along the lot lines abutting the streets, The third side of the triangle is a straight line joining the end points of the adjacent ' sidese (6)`J -,; t t ::1 f (Ord. No. 0, § 12(6 - 12.9), 12- 15 -86; Ord. No. 181, § 2, 3 -8 -93) �J , Sec. 20.1024. Barbed wire fences. ' Barbed wire fences are prohibited in all residential districts. Barbed wire fences are permitted in the agricultural districts. ' (Ord. No. 90, § 4, 3- 14 -88) Supp. INTO. 5 1242 Planning Commission Meeting - June 7, 1995 Nutting moved, Meyei• seconded that the Planning Commission table Site Plan 494 -6 for PeAcins Family Restaurant, prepared by RLK Associates and John P. Shaw, dated May 8, 1995 pending staff review and analysis for the Commission of the recent changes submitted by the applicant. All voted in favor and the motion carried. Mancino: So it will be tabled and we'll see it again when? Aanenson: Our preference would be on the 26th because we don't have a meeting the first one in July because we decided we probably wouldn't have a quorum on July 5th. So if we can get it on in 2 weeks. Mancino: Okay, so Mr. Payne, in 2 weeks. June 26th it will come back. Aanenson: Sorry, it's the 21st. Mancino: 21st. June 21st. And I encourage you and staff to work out everything so it's complete and is final at that time. You don't come back to cold Minnesota too many more times. Thank you. PUBLIC HEARING: AN AMENDMENT TO THE CITY CODE, CHAPTER IS REGARDING PLATTING PROCEDURES, DATE REQUIRED AND DESIGN STANDARDS AND CHAPTER 20 REGARDING DEFINITIONS; IDENTIFICATION OF ARTERIAL AND COLLECTOR STREETS; STANDARDS FOR SALES TRAILERS, WETLAND PROTECTION AND SHORELAND REGULATIONS; SUPPLEMENTAL REGULATIONS AND THE FOLLOWING ZONING DISTRICTS OF PUD, A2, RSF, R8, BN- NEIGHBORHOOD BUSINESS, BH- HIGHWAY & BUSINESS, AND IOP- INDUSTRIAL OFFICE. Kate Aanenson presented the staff report on this item. Mancino: Any questions for Kate? Conrad: Questions or. Aanenson: Comments or editorials. Conrad: Sure. Page 3, where it says alleys. Does that apply to residential? It says alleys are prohibited except for. 11 I L I Planning Commission Meeting - June 7, 1995 Aanenson: Correct. The way it's written right now, you cannot have an alley. Okay? Conrad: Anyplace? Aanenson: Right. Except in commercial /industrial, which is common. That's where you have your loading areas. Like in the back of the grocery store or the like. Those are permitted. What we're saying is as a part of a PUD, again this kind of goes through that new urbanism term where we've allowed PUD where you put the garage maybe in the back of the home. That may be something under a PUD we would look at, and that's why we put the inclusion that only as a part of a PUD. So you couldn't do it under a straight subdivision unless you came in as a PUD. Mancino: Excuse me, could we please have it quiet in the audience. Thank you. Aanenson: If you do that as part of a PUD, then that may be something that we would look at. An alley. Conrad: If you look for higher density, I think alleys may have a role. I don't know. But it's like, I don't know why I'm prohibiting an alley, to tell you the truth. That's sort of like, here we are. ' Aanenson: I think they were in vogue, and again that goes back to the new urbanism. And then we went away from that. Everybody puts their garage, their 3 car garage in front. Okay. So we're saying, if we're going to look at some other type of housing units, maybe this ' is something we want to allow. But should we open it to say, it would be acceptable in residential? I don't know. We haven't seen any of that yet. Maybe it would be. L Ll Mancino: It would have to be subject to approval. Aanenson: Right. I guess that's why we put it in, well then we have to double the criterias... Conrad: But if it's in an ordinance, you know a project will come in and we'll reject it because it's got alleys. And I don't know that I have a valid reason... Aanenson: I guess that's why we're saying right now you can't do it unless it's commercial/ industrial. What we're saying is as a part of the PUD we would consider it. Then we'd have to establish some criteria under that PUD. It has to be so wide and the Fire Marshal's going to have it, and the public safety's going to have some input. 12 r Planning Commission Meeting - June 7, 1995 ' Conrad: But in the PUD ordinance, unless they have 50% open space, they couldn't do this anyway. , Aanenson: That's if you choose. You could choose this without changing the other, sure. You don't have to do both. Even the way it is now, and when you have the attached. ' Conrad: We don't allow variances. Mancino: Yes we do. We just past one that had 3, 4 of them. ' Aanenson: And you do it in the medium or the high density, you could still allow, because ' you're right. Single family, you probably still wouldn't get them under that type of density that we have right now if we didn't change it. question or comment on that same page, i£ ' Mancino: I have a q you don't mind. Driveway p g Y grades, and this is for again residential, private driveways. We're limiting it to a maximum of 10% grades? ' Aanenson: Let me explain how this is right now, because this problem came up in the last ' month. Currently in the, there is a section in the code about streets. Let me see if it's cited in here, but it's not in this section of the code. It says what you have to supply to get a building permit. It says you must show on there your driveway grade and it shall be this. ' But it doesn't say anywhere else in your developing a subdivision, that you should meet this standard. Okay, so when you come in to get your permit, you exceed the grade. Well, you never told me when I did my subdivision I had to meet it so, what we're saying is, it should ' be in the design criteria for a subdivision, that it shouldn't exceed 10 %. Now certainly there's opportunities to get a variance. We're saying we need this as leverage to review when we're looking at a plat, we're looking at grades and we realize that gee, that's a 20% driveway ' grade. That's not going to work for the homeowner. We should reject that lot as non - buildable or try to redesign it. Maybe it needs to be bigger or something like that because right now there's no criteria in our subdivision regulations to review that. Although it's I somewhere else hidden in a different section of the code. Mancino: But we have several driveways that are over 10 %. ' Aanenson: Certainly. Mancino: Off of Lake Lucy on that south side. ' Aanenson: Right, and that's sometimes the only way... ' 13 1 Planning Commission Meeting - June 7, 1995 Mancino: And I want to keep allowing that. I don't want to take that right away from ' homeowners. Aanenson: Right. We have some in the city that are up to 17 %. Sure, there's some in Hesse ' Farms that are that way too. But what we're saying is we want to keep a general, like we do everywhere else, a general criteria that you try to aim for. And then if you don't, then we would look at that and is there another way to service it. You know when we looked at that ' whether they're south facing. Maybe there's some other issues there but to someone that's buying a lot, that doesn't realize and now they come in to get a permit and say, well now you've got to pay another when you get there. It gets too steep. That's certainly some reason ' that you would look at it as part of the subdivision. Maybe give them a variance to say there's no other way to service that area. But as a general rule, that's already in the code. It's ' just not in the subdivision ordinance. Mancino: Okay. ' Conrad: Rather than me dominating my issues, I think it wouldn't be bad if we all just went through it page by page. Not that we have to bring anything up but as we go through it, ' maybe we can just hit the issues. Mancino: Was there anybody who had something other on page 3? Page 4. Any questions? Page 5. Conrad: Yeah. Down under flags. Sign, flag. Corporation flags shall not exceed 12 square feet, 3 x 4 is what that is, and shall be flown, which means has to be flown in tandem with the State or National flag. So that says you cannot fly a corporate flag unless you're doing something else. Why is that? ' Aanenson: That's what's in place right now. That's currently in the ordinance right now. ' Conrad: No, it says may. May was the word we got rid of and may be. So now we're saying you have to fly, if you want to have a corporate flag, you have to fly a national flag. ' Aanenson: The intent on that one was developed, and the language got changed because we also left out the size of the square foot for a national flag because a lot of people use flags as signs. And so the intent was that you don't put a lot of corporation signs up, flags out there ' tending them to be signs. And the same goes for the State or National flag where people use very large ones as identity sort of things. So that was, the discussion that was through the sign ordinance and it got omitted as part of the final draft. 1 14 Planning Commission Meeting - June 7, 1995 ' Conrad: And I agree with the National flag. 100 square feet, that's okay. Aanenson: I'm comfortable if you want to leave may and shall, that's fine. , Conrad: But to force the two, I'm not sure why. And really, if you're not, yeah. A flag is ' not a sign. Yeah, it's a festive deal. I guess that's taking, boy. They can't do, if anybody thinks a 3 x 4 foot flag is really promoting a product, we've got a, that's strange. That's not. That's fun. That's some action and you know, if you've got 80 flags, that's a problem but if ' you have one corporate flag, that's your identity. That's where people go for their livelihood. I don't know. That seems like a strange rule. don't know if the rule is strange but the sin is. The sign , Aanenson: Well I do g g g n that the corporate is there and that's a location of one of their franchises right there and it is certainly ' corporate identity and it's certainly a sign or they wouldn't put it there. But whether it's good or bad, it's a... Conrad: Let's liken it to downtown Excelsior. They have a festive event, they put up flags. , And that's promoting the whole city and so you know, maybe it's not the same thing but... Aanenson: Banners. , Conrad: Yeah, the rigidity of saying we can't do something. 3 x 4 is nothing. I don't think ' any corporation would think that that's promoting a product. It takes a dead concrete wall and maybe makes something a little bit more fun out of it. And yeah, obviously they're not going to do it, they're not going to put a competitor's flag on there. There's some motivation. ' They're not stupid. But on the other hand, when you think about an employee driving into the company, there's some pride into it and there's some other things. It livens the thing up. So again my point is, geez. I don't want to get into their pockets and figure this thing out. ' This seems like this is not an issue. 20 flags would be an issue. 5 flags would be an issue but to have a corporate flag and say you've got to fly a national flag at the same time, I'm over with. I don't need to talk any more about that but it just seems real nit picky. , Mancino: Any other comments on that? Page 6. Any questions. Sales trailer shall be open from 8:00 a.m. until 9:00 p.m. Why is that such a late closing? I'm concerned about ' neighbors in the area having, is that usually in more of an RSF district? Aanenson: Yes. This would be residential, correct. ' Mancino: Okay. I would go until 6:00 p.m. 15 1 C Planning Commission Meeting - June 7, 1995 Brad Johnson: Do you want me to comment on that? Mancino: No thank you. Not at this time. Anybody else can give comment to that. Mike, you might have, being in the real estate business. Meyer: Well I can see where it might be a problem for parade promotions. I think they go until 8:00. 8:00 or 9:00. Something like that. Mancino: Okay. Maybe the exception could read. Nutting: This is only until permanent dwelling units are available. The sales office model. Mancino: Oh, so there wouldn't be anybody living in the neighborhood? Aanenson: No. The intent. Nutting: If it's there, you wouldn't have much of a neighborhood there. Not to say it's not immediately adjacent to another one but the longer it's open, the faster they might fill up the neighborhood. Mancino: Sure. Meyer: It also can be convenient for people. Mancino: After work hours. Meyer: For those that work during the day. Mancino: Do you think that's seasonal? That it should be open later in the summer and those hours, does it make any difference Mike? In the winter or seasonal at all. Meyer: I don't think so because you still have people working pretty much their same schedules. Mancino: Okay. Then let's leave it 9:00. I'm fine with that. I understand the rationale now. Nutting: Madam Chair if I could ask a question. We have a discussion on page 5. Are we going to be coming back and, this is a public hearing, correct? Mancino: No. Oh! It is. 16 Planning Commission Meeting - June 7, 1995 Aanenson; You haven't opened it yet. Mancino: We haven't opened it yet. Nutting: But are we going to be coming back and. I guess as part of the motion, whoever makes the motion is going to address whether or not we modify any of these. Mancino: Okay, yes. I will open the public hearing after we've had some discussion. Conrad: Madam Chairman screwed up, didn't she. Mancino: Let me take my glasses off and sink down. Yes. Why don't we go through and discuss some of these because I think that there may be people in the audience, after we've had our discussion, that would like to make some comments so I will open it up to the public hearing after we've made a few comments and we will have a public hearing and then we'll come back and discuss those points that people raise. If that is okay with the rest of the commissioners and the staff. Thank you. Thank you for bringing it up. Page 7. Any questions or comments? Kate, under recreational development. Under unsewered, riparian. The area and the width. Isn't that unsewered and sewered? Riparian. Aanenson: No, actually we have, yeah we have other areas of the code that addresses sewer. We left off unsewered. There is an area in the city that has recreational development lakes that have unsewered next to it. We went through, when we adopted the shoreland regs, there's one small area that is affected by this but we figured we didn't have any applications. Well to and behold, somebody came in and we didn't have the appropriate shoreland district for that. So eventually when MUSA is extended into that area, it will go away but we need to have this in place until such time. But there is, I didn't put the whole section in there but there is another section that addresses that. Mancino: That addresses sewer, okay. Thank you. Page 8. Conrad: Sure. Not that I like our PUD ordinance, and not that we negotiate very well, and not that we know what we want to negotiate for, but we made a giant step to go the 50% open which seems like we're kind of, which I don't mind. I think that would be nice to have a PUD ordinance that would do that. It would cluster. It would do a lot of nifty things. It might even save some money someplace. Yet on the other hand I still have a perspective that our current PUD ordinance does negotiate some stuff. It gives staff some negotiating power. And I hate to cut that out. And as much as we complain about well did we get enough in exchange, it gives staff with our review, and the City Council review, some time to alter some very rigid ordinances. So I'm not comfortable with that. 17 1 r r 1 r Planning Commission Meeting - June 7, 1995 Mancino: Well that's not what I'm hearing staff say. What you've just said is very theoretical but it's not working. Staff has said that we're not doing PUD's and the reason why we're not is that we're not, and maybe we're not negotiating well but we're not getting what we need out of those. So if we aren't, and we aren't using it, then why have it, in the present form? Conrad: I'm seeing things that we get that we couldn't demand I guess. At least that's my perspective. Mancino: In single family? Conrad: Yeah. Mancino: In what subdivision? Conrad: It'd be hard for me to argue with specifics but my perspective is that for 10 years staff has come in to me and said, we've negotiated this and now they're telling me, we're not negotiating anything. So for 10 years I've heard that. Mancino: But that's only because we've updated our ordinances? We've added to them. We keep making them better and anticipating things and our ordinances are more up to date? And so that the PUD isn't going any further than our present ordinances, which we've enacted new ones and have gone back and changed old ones. Conrad: You're going to cut out all PUD's, which our ordinances are really pretty good. That's your choice. Our ordinances are up to date, but really as a state of the art, staff can get everything they want down there. We, the city can get everything they want done by our ordinance and I don't believe that. I don't think our ordinances are that terrific. They're good but they're not terrific. I just hate cutting out an option to negotiate. Rules are hard and fast and they don't allow flexibility and I don't think we have any, I don't care what rule you have in our ordinances, there are always reasons that rule doesn't apply to specific projects. Mancino: But you can still negotiate in this PUD. The only thing is the 50% open space. Conrad: In 10 years I haven't seen anybody come in with that. I'd like, nobody's come in and said, I'd like to have 50% open space. What can you do? Mancino: In a single family? 18 Planning Commission Meeting - June 7, 1995 ' Aanenson: We don't allow it. In low residential. We don't allow it. You couldn't do it. Because the smallest lot size you can go to is 11,000 so you couldn't do it. You could do it I in the medium or the high density district. Conrad: I'm not saying I don't like the 50% deal. I'm just saying, I don't know that I want to , give up the flexibility to negotiate. Aanenson: I'm just, we threw it out. The discussion... again, since we were going through the ' code, we thought this was an opportunity to bring up the discussion again. Conrad: I think it's a big deal. I don't think it should be part of this packet. ' Aanenson: Maybe a separate whole. Co ) Conrad: It'd be fun to j ust talk about it but as far as, this is not maintenance Kate. This is a ' major deal. So when you put all this stuff together, it's like, well let's put 100 things and we really don't have time to talk about this, but I think that's a major deal. We spent a lot of ' time figuring out a PUD ordinance. And you know to cluster it in here. I think that should be eliminated from our discussion tonight and review it, you know if there's good reasons for ' it. If we all feel that our ordinances are so good then yeah, let's get rid of it and then figure out how we can affect a PUD that gets 50% open space because the motivation is great. I just don't see anybody coming in and doing it, you know. I really don't. Brad's here. He's in ' that business. I'd like to see if he could come in with a 50% but yeah. Mancino: Well they certainly are doing them in some areas. I don't know if that will happen I here but I feel. Conrad: They're doing it out state. You're doing it where there's plenty of land. You're ' doing it where people have that, you know you're not doing it in a highly dense growing suburb like Chanhassen. You're not. I don't know of a case that's doing it. Give me a case. Anyplace. In Eden Prairie. Plymouth. Anyplace where they've done this. ' Mancino: No. I think it's a new concept... Conrad: And it won't be applied so we have in effect don't have a PUD ordinance. If it's not used, it's not an ordinance. If the tree falls in the forest and nobody. Mancino: Well, we're going to have to get our guns ready on this one I can tell. Any other ' commissioners want to make any comments on this? Or if you would like to see this on a separate agenda item. ' 19 1 I Planning Commission Meeting - June 7, 1995 Nutting: I guess I would, in all honesty, I didn't think through this one that much before coming here tonight. Listening to the comments, I guess I would support separating this from the existing packet. ' Mancino: Bob or Mike, any comments on this? Meyer: Sounds reasonable. Mancino: Okay. Then let's do that. Any other comments on that page? Conditional uses, golf courses. On page 9. Conrad: Sure. It's probably not as specific but it's an issue that this city has to deal with. At the very bottom of the page. The following uses are permitted in R8 district. Single family. Okay. If we zone something for multi, for high density, and somebody comes in and down zones it less density, everybody in Chanhassen feels great, including the Planning Commission, staff, the neighborhood. There was a reason we zoned it high density. And sooner or later it's going to come back and bite us and we're going to put in high density right next to a low density area and we'll have to fight the neighbors for it. And it's you know, somehow we have to address the issue that when we down zone, we up zone someplace else. Or somebody says, we just don't want high density in Chanhassen because that's really what we're doing. You know, we all feel comfortable that we get out of the evening okay and nobody has really gotten hurt. The neighbors are happy. We're all happy because we had houses that looked just like... which our comprehensive plan says we do. We're not doing our job very well. So this issue brought that comment up. We're saying R8 can have single family. Well maybe that's okay. And maybe I don't want to make an issue on page 8, or page 9 in this report. The issue is, we can't do this anymore. If we want to, you know let's not zone for multi's. Let's have all single family and make the right definitions. That they're all attached or detached or whatever. So everybody knows what we're building here but I think that this issue, I don't know how to handle this one. I don't want to, it brought up a comment in my mind, but I think at a separate time, and Madam Chairman, I'd really appreciate it if you would have staff review this issue so that we can communicate with the City Council that you can't do this anymore and that there has to be a procedure for when we change zoning, or when we change. When we take a higher density area and put lower density units in some, there's another step to the process. Somebody has to say, we just lost so many units of high density and should we look for more, another location and should we identify it on the comprehensive plan? Should we identify it on our zoning ordinance? Mancino: Procedurally, how do we do that now? I mean I've only been on the commission for a few years and I've never seen any. all Planning Commission Meeting - June 7, 1995 Aanenson: We don't. We just all feel better if they drop the units off. Then we all feel like we've done our job, you know. I don't think that staff feels that way but it seems like, even at the single family, unless we get them to drop a few lots, then everybody feels like they've done their job. Even though they're under the density allocation. I think you know, I guess the way we looked at it, there isn't that many applications of the R8 district and so we were looking at, it kind of came out of the discussion on the R4. But I certainly concur with what you're saying Ladd. The staff certainly does and when you put a district in place and then now allow single family, I think everybody oh great. Now we have a better opportunity to get single family and all feel more comfortable but that wasn't the intent. The intent was to allow the different type mixes, yeah. Conrad: I understand, yeah. My problem is not with what you've written. Aanenson: No, I agree. No, I agree with what you're saying and that's fine. And the intent is to allow for a different type product, then we should take the single family out. Mancino: Well has it ever happened that, I mean this gives us more options for an R8. By putting single family in. Aanenson: Right, but Ladd's point is well taken and I agree with him. Mancino: And I understand that too. But has it ever come up before where we down zone something to single family like this? An R8 area. Aanenson: No, but what we always try to go underneath the density though. We always feel like we can never, nobody can ever come in at the density. We always feel like we have to be underneath the two. Conrad: I think my comment, when I say down zoning, that is a rezoning. Aanenson: Taking away density. Conrad: That was not an accurate statement on my part. Yeah, it's really putting, taking a higher density, or you're just not filling it up. Aanenson: It's similar to Lake Susan area where we've got the higher density. They've come in with a product that's underneath the density but they're still concerned about density. Mancino: But that's just a maximum density. I mean it's still within the range of the density requirements for that zoning. 21 1 r r I Planning Commission Meeting - June 7, 1995 Aanenson: Correct. Mancino: Okay. ' Aanenson: But they could come in with a different product. Mancino: And it could be a higher density but they've come in in the range. It's just not on the high side of the range. Aanenson: Right. So the way I understand what Ladd is saying, if you put single family in ' there, then are people going to say, well gee you should go to the lower end. You know if single family's in there too, we should try to work our way down so everybody's more comfortable. Instead of saying no, this was always intended to be a minimum twin home, ' higher end so it kind of pushes it towards the other end. Isn't that what you were saying? Conrad: Right. Aanenson: Which I agree with, sure. I guess we didn't quite see it that way but that makes ' perfect sense. Mancino: So would your recommendation, would staffs recommendation be to take it out so that doesn't happen? Or to still allow that option. Conrad: What I want is a connect it. If we allow something, it forces another decision that ' says we just allowed. You know, I don't mind having the flexibility. If we identify something as R8, we kind of thought that's pretty high density and maybe that's affordable housing. And we just got rid of it. So now we don't have an affordable housing district. Not that I'm lobbying for that, because I'm probably not an advocate of that but I'm an advocate of zoning and what it's intended to do. ' Mancino: So you want something written that triggers. Conrad: I think there should be a review. If we start allowing less density, or feel good ' about less density in a district that obviously makes sense for high density because it was close to roads. It was close to the city services, and now it's not there. What are we going to do? So I think there's another step involved in that and I don't know how... Aanenson: Now you're saying there should be a linkage. If we feel like maybe that decision, single family here. Then we need to go back and say, well okay but it needs to be higher density over here. 1 22 Planning Commission Meeting - June 7, 1995 Mancino: Exactly. Aanenson: Alright. Mancino: Triggers that review. Aanenson: And if we can't make that linkage, then we should eliminate the single family? Nutting: I guess I, I think it's okay. I agree with everything Ladd's saying but I think it's also okay in the fact that you should have it. They're separate issues but they can be related and it's just a matter of how we deal with it once we change. I guess I don't have a problem leaving it in there. We may come up with a reason that the single family does make sense but then, so leave that in there but it's really then, what's the trigger? Aanenson: Well I guess part of the thing that you could look at this too, if it does allow for a buffering in here too. If you do have single family, it does allow for, we got hung up on this too, a transition area. Maybe this is an opportunity to provide a row of single family and maybe do that transitioning in there too. I don't know. Mancino: Yes, okay. Aanenson: There's some variables there but then if you put the whole thing single family, we're back to Ladd's so somewhere there needs to be that balance and I think Ladd raises some points that we need to give some consideration to before it goes to Council. Mancino: Okay, we'll go ahead to page 10. Any comments, questions on page 10. Conrad: We don't, on page 10, we don't want automotive service in a neighborhood business district. And what is that? Aanenson: Well that's how it is right now but then it also says that you can have a car wash if you have an automotive service. Well how can you have an accessory use if the permitted isn't allowed so it's one of those things that didn't make any sense so. Mancino: Page 11. I don't understand why we have to have a 2 car attached garage to a single family structure. I don't agree with that. Aanenson: It's in the code right now. It's the way it's written. If you see, it's put in the bottom. There's a, b, c, giving different types of floor designs and then the last one it talks about a 2 story or split and it says plus a 2 car garage. Well what happens is a lot of people 23 L I J Planning Commission Meeting - June 7, 1995 come back in for variances because, in Minnesota not having a garage is considered a hardship for most people that own homes. That's the Board will give. Mancino: I just am not in favor of putting it in but. Nutting: What are (a) and (b)? Aanenson: (a) is if it's a single family rambler. Generous: Minimum 960 square feet. Aanenson: Even the square footages are kind of. Nutting: But do (a) and (b) say, plus a 2 car garage? Generous: No. Aanenson: No. Generous: We believe the intent that any single family detached has to have a garage but only the split foyer and 2 story had to have them. Nutting: And now you're changing it to all of them, including (a) and (b)? Aanenson: Well that's how we've always interpreted it. So we're saying we're making an interpretation. Nutting: Clarifying it. Aanenson: Right. Mancino: Yeah, I don't agree with making it stricter. I mean I think they have lots of homes that are fine without, with the garage in the back or architectural. Conrad: So then your problem is with attached? Mancino: Yes. Conrad: I don't have a problem, I don't care where the garage is. 24 i Planning Commission Meeting - June 7, 1995 Aanenson: Take attached out? Conrad: Yeah, I think I'd take that out. ' Aanenson: They may have an alley. I Mancino: Any others? Under Section 20 -978. Occupations Permitted. Home occupations. We would like to see contractors yards and landscaping businesses excluded from the list ' because they are always a neighborhood nuisance. I agree with that, however I have two in my neighborhood and they each have a lot of acreage around them so they aren't a nuisance so I think it depends on the hours of operation and how much acreage they have. ' Aanenson: Right, your zoning is RR, which does allow... accessory. And this is for RSF. What it does is it gives a list of permitted uses. We want to add a list of excluded to make ' sure that it's clear because that's where we spend a lot of time on complaints of that in residential single family neighborhoods with people that run contractors yards, or lawn ' mowing businesses with the storing of vehicles and their employees come to the house and park and block other people's mailboxes. So what we're saying with this, we want to make these uses are explicitedly prohibited and so it's clear. ' Mancino: And those that are already grandmothered in, where you have an area like on Galpin which is getting into a lot of RSF districts, those are already grandmothered in and can stay? Aanenson: Yes. 1 Mancino: Okay. Aanenson: Because you can have, a lot of those have accessory buildings which are , permitted in that district. Garages, which are a lot larger, which they have the storage capabilities where the residents of single family zone, you don't have the same ability to have ' a large garage or pole barn. Mancino: Okay, thank you. Any others on that page? We're on page 12. I'm sure that ' someone who has... Okay, thank you. May I have a motion to open this to a public hearing? Com -ad moved, Meyer seconded to open the public healing. All voted in favor and the ' motion carried. The public hewing was opened. 25 1 I I Planning Commission Meeting - June 7, 1995 Mancino: Would anyone like to come up and comment on the discussion of some of the ' changes in the ordinance. We would love to have you come up and give your thoughts at this time. Would you please come up. State your name and address. ' Brad Johnson: Brad Johnson,... Frontier Trail. I agree with, on this discussion of the PUD ordinance. 50% open space is just about an impossibility. If you think about how people are buying land and it's zoned for 8 units per acre, it's going to be 8 units per acre. If that's what ' it's for. The PUD will basically eliminate a lot of affordable housing, if that's what the intent is. I don't know what you guys are trying to do here. L J Aanenson: It'd still be 8 units per acre. You just have no minimum wall size. You could put all of them on whatever size lot you wanted. 2,000, 3,000 square foot lot. You just cluster them all and the rest is. Brad Johnson: Well I think you have to see how that works. Aanenson: Similar to Marine on the St. Croix. Brad Johnson: Look at reality. This is not Marine on the St. Croix. It's Chanhassen adjacent, you know it's supposed to high density homes ... Marine on the St. Croix is so far away, no sewer, no water, right? I just think we should think that through. I don't know what it means. Mancino: That's what we're going to do. Brad Johnson: Is that for residential only? Mancino: No. r Brad Johnson: Then it makes absolutely no sense. Mancino: Well no, the 50% would be down to 30% on high density. But that's something that we are going to. Brad Johnson: So it's residential... Mancino: Residential high density. Which is already the impervious surface is 70% anyway. Brad Johnson: So if you took ... Centex. I mean you've approved some of these. They're all PUD's, right? So what you're doing is. I.T.' r Planning Commission Meeting - June 7, 1995 I Aanenson: This is for single family, okay. Single family residential, which is right now the smallest you can go in a PUD in a single family residential is 11,000 square feet. What this ' ordinance is saying is that there is no minimum. You can go as small you want with single family zoning. Brad Johnson: Okay. I just don't know how it would work. ' Aanenson: I don't think we've had any of Rottlund doing this type. Nobody's tried this. , Brad Johnson: Yeah, I don't know. It may be a very... On the mixed density. Detached in the R8. Does that mean a permitted use in an R8, single family, you have to maintain the t density. Can I do one single family in the R8 or do I have to stay at 7? Aanenson: Sure. ' Brad Johnson: And why would you ever permit that? ' Aanenson: The same with R4. You could do a row of single family. That was one of the options on the Lake Ann. You could have done a row of single family and the rest twin ' homes. You can do a mix and that's the intent of some of those is to provide a mix. Brad Johnson: Well, I understand that but aren't you trying to encourage density or are you ' trying to discourage? Are you trying to increase the cost of housing or lower the cost of housing? Mancino: We're trying to give options. 1 Brad Johnson: I know but see to me, as a resident of the city, not a developer, you should be ' encouraging the best use of the property. The highest. Otherwise you're going to have services, we're going to have all kinds of problems later on and what this does is it allows somebody to build single family in an R8 zoning district without down zoning. Now maybe , you have one house. Should that, I'm not saying it is or isn't. Should that be a permitted use or is the intent to encourage keeping it for 8? And that's, I mean I'm sort of what Ladd said. You walk away and say good. We discouraged all development... all development and we ' have open space. What does that do to the community in the long run? And you guys will all be gone 5 or 10 years from now. All that open space may come back and be filled because we'll have a different Planning Commission. A different zoning ordinances because ' your's, how long does it last? This 2 car attached garage stuff. Okay. Or detached. If you build a new subdivision in town and you're front loaded, what's the odds of that being, are you dealing with that issue there? No? If I'm going to build a 2 car, if I build a house today I 27 ' C I Planning Commission Meeting - June 7, 1995 and I know I'm not required to have an attached garage on a new house in a subdivision, is ' that what you're trying to do? Mancino: We're saying you can have the option of either making it attached or detached. ' Brad Johnson: Yeah, I don't think that's a good idea. ' Conrad: Who cares? Why should we care? Brad Johnson: I don't know any community that allows detached garages. Now I sound like ' I'm reversing. On the front. I don't know how it would work with the setbacks and stuff over there. I don't know. Mancino: ...piece of property, I mean it could work. ' Generous: If they can meet the setbacks. Aanenson: If they meet the setbacks, put the garage behind. ' Brad Johnson: I just don't know. ' Conrad: Did you read Newsweek where they called, what is wrong with American cities? Brad Johnson: Probably not. Conrad: We'll get you a copy of it. ' Brad Johnson: I just don't know. I'm just sitting here, that's my first reaction to that is I've always been taught from the front end. Now the rear end, if you have an alley, I can see a detached garage. I just don't know how it works on the front end. I don't know what the street would look like. In a subdivision. I can see it around the lake. Aanenson: You'd have porches. ' Mancino: You'd have front porches and you would have, like Minneapolis. I mean there are a lot of Minneapolis that don't have alleys but do have detached garages. And again, we'd ' have to see it. It'd have to meet setbacks and everything else. Brad Johnson: I feel like I'm sort of an advocate of what you're saying but I don't know how ' it works. I don't, I've never seen that open. I do believe that you should have detached 1 28 Planning Commission Meeting - June 7, 1995 garages. I do believe the ordinance goes to 62,500 square feet per lot. All that's very good. I'd service that off of an alley. Not off the front because I don't think you'd have a very good looking neighborhood, but maybe I'm wrong. And I would have the alleys be private and privately served but I think those are kinds of things that are still in the PUD stage. See your PUD doesn't allow this, right? I mean it isn't allowed within a PUD, right? This isn't allowed in any residential. Aanenson: Right now? Brad Johnson: Yeah. Aanenson: You have to have a 2 car attached garage, correct. Brad Johnson: Yeah. Would this allow a 2 attached deep, 2 car detached garage in any neighborhood? Aanenson: Correct. Brad Johnson: I'd have to think about that. Mancino: That's what we're doing. Brad Johnson: Yeah... I think it's a good idea to be allowed in a PUD where you have real control, because I don't know. What do they call it, the Country Club district of Edina basically has 50% detached garage and 50% attached. Homes sell for $300,000.00 to $400,000.00. They have done everything they can to make those garages be attached ... and they could probably be better served ... That was it. I think the intent of a lot of this stuff is kind of interesting. I haven't read it. Oh, the hours of a sales office. Generally people don't work, get home from work to buy a home until 6:00. So most sales offices are open 4:00 to 8:00. 4:00 to 9:00, during the week. And then regular hours during the day and that's what I was going to say. That seems to be normal and the reason is we're all working. There's no other time for them to come. Thank you. Mancino: Thank you for your comments. Anyone else have any comments? Please give them now. Okay. May I have a motion to close the public hearing? Nutting moved, Com -ad seconded to close the public hewing. All voted in favor- and the motion cm-ied. The public hewing was closed. Mancino: Any other discussion from the commissioners? I think we've done it. I think we've gone through it. Do I have a motion? 29 I J LIB Planning Commission Meeting - June 7, 1995 Conrad: Sure. I'd like to move that the ordinance amendment proposed in the staff report ' dated May 25th are accepted and approved except for the following changes. And I'm kind of open to any input on this motion, or friendly amendments but I think what I'd like to see on page 5, under Signs, Flags. That the terminology of shall revert back to may. On page 8, t that any change to the PUD, that the PUD changes be eliminated out of this particular approval. So anything on Section 20 -505 not be approved tonight and that the Planning Commission reviews the PUD standards at some other time. 7 Aanenson: Can I just make one clarification on that Ladd? There is one word. We do go by net, not gross. That is a glitch right there. The rest of it, if I could just do that one. Conrad: Okay, I'd buy that. So we're not eliminating the entire change to Section 20 -505. Only the standards. Only. Aanenson: No, number 4. Where it says gross versus net. Nutting: Change (c)(4) but everything after that will be eliminated. Conrad: Okay. Mancino: Well you also have to do, don't you have to do 20 -508? Aanenson: Yeah, we have to clarify that too but I thought we'd just... Conrad: Yeah, I'm just talking 505 right now. 508 is okay. Nutting: I think 508 should probably be eliminated too. Conrad: Should be what? Nutting: Eliminated to that. It kind of ties in to the same discussion and I'd pull it out. Aanenson: But there's ambiguity in the ordinance right now because it says you can go down to 5,000. However, there's no minimum so it's an ambiguity. Mancino: And this has to be the same. Aanenson: Right. Actually the first part should be struck out where it says minimum lot sizes down to 5,000 square feet may be allowed. That should all be struck out. It should start, the sentence should start, there should be no minimum lot sizes. However, in no case 30 J Planning Commission Meeting - June 7, 1995 shall the net density exceed the guidelines. That's what we want to say. And that fits our North Bay concept that we're looking at. Conrad: Okay. So in 508, we're eliminating from the motion, in the staff report, the first line and a half. Mancino: First two sentences. Conrad: The first two sentences, okay. On page 9. I'll let the wordage, huh. On page 9. Mancino: Is there a way to add triggering the review of other. Nutting: You know I guess, maybe just to add. I guess now that I think about that, even more so now I'd say, I'd eliminate the single family and let it come back in through a variance request where we can look at all of the reasons for putting it in and that really can trigger the review of, you know in terms of if we're going to look at adding something else. Conrad: Yeah, I'd buy that Ron. Mancino: That's because it will never fly. Conrad: So therefore what I'm doing is eliminating Section, any changes to Section 20 -652 but also making a recommendation that staff brings back to the Planning Commission a proposal so that any kind of, either down zoning or minimal density, in a high density area, somehow triggers a review process to find replacements, or at least we need a staff report that would identify how that would be accomplished. Mancino: Say that again? Conrad: It doesn't make sense to me. Aanenson: Oh, I think that'd be interesting though to show you when we do a project, to show how many units could have been put on there. So how many units we've actually taken away from that project so we should consider maybe somewhere else looking at. I think that's interesting. And we just be doing that on our reports when they come before you. If they're under the density. Conrad: I'm looking for a mechanism to say we can allow that lower density but it forces us to review something. To take action. That's what I need to know what triggers that and those are things Kate that don't hit our agenda. Because they're another thing. There are 31 r L Planning Commission Meeting - June 7, 1995 plans in front of us so I need to know what's legal and what's timely to get us to do that. On page 11 of the staff report, under 2(d). Eliminate the word attached. And that is the extent of my motion. Mancino: Do I hear a second to that motion? Meyer: Second. Mancino: Any discussion on the motion? Com -ad moved, Meyei• seconded that the Planning Commission recommend approval to the amendment to the City Code as pirsented in the staff report dated May 25, 1995 with the following changes: 1. Paae 5, Sian, Flag Change the word "shall" to "may" be flown in tandem with the state or national flag. 2. Page 8, Section 20 -505. Delete the portion from "Comment - This is not consistent... to end of that section. 3. Paae 8, Section 20 -508. Modify (b) by deleting the first sentence so it reads as follows: (b) Minimum lot sizes. There shall be no minimum lot size however, in no case shall net density exceed guidelines established by the City of Chanhassen Comprehensive Plan. 4. Paae 9, Section 20 -652. Delete the words "Single Family ". 5. Paae 11, Section 20 -905: Item (2)(d), delete the word "attached ". All voted in favor and the motion carried. Mancino: This goes on to City Council? Aanenson: Yes. It'd be the 26th. Mancino: 26th. And we can review the PUD and have discussions on it. If there are any articles, to kind of prep us for a discussion, I think that that would be helpful. And find out what's going on currently in areas like our's. Before we get into that, thank you. 32