2 City Code AmendmentsCITYOF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administralion
Phone: 952.227.1100
Fax: 952.227,1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.140,I
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952~227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
wv~v. ci.chanhassen.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Planning Commission
Bob Generous, Senior Planner
February 18, 2003
Code Amendments
At the February 4, 2003 work session, we began discussion of the Planned
Unit Development (PUD) ordinance. Based on this discussion, we have
prepared some changes to the draft ordinance (shown as underlined material).
Attached is the PUD ordinance for the City of Minnetonka, on which our
ordinance is modeled. Also provided is a map of property guided Residential
- Low Density which is located with the Bluff Creek Overlay distict.
Sec. 20-501 (9)
Planned Unit Development
(9) Use of traffic management and design techniques including the
provision of transit and pedestrian linkages to reduce the potential
for traffic conflicts. Improvements to area roads and intersections
may be required as appropriate. Where appropriate, the use of
transportation demand management strategies shall may be
required within a project.
*Staff is recommending this change to permit the city to require the use of
transportation demand management strategies such as flex time, preferential
parking for car pooling, etc., as part of a development, if, based on the use, it
the use could accommodate these strategies to mitigate traffic impacts.
Section 20-502 (1)
(1) Each PUD shall only be used for the use or uses for which the site
is designated in the comprehensive plan and to further the goals
The City of Chanhassen * A growing community with clean lakes, qualily schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Planning Commission
February 18, 2003
Code Amendments
Page 2
and policies of the comprehensive plan, except that the city may
permit up to twenty-five (25) percent of the gross floor area of all
buildings proposed in a PUD or up to ten (10) percent of the
gross land area 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.
*Currently there are no standards for the amount of area that may be
permitted for a use not specified in the comprehensive plan. Many PUDs
incorporate additional support commercial uses as part of a residential
development in which the total floor area is not an appropriate guide.
Section 20-503 (a) (3)
(3) The property is located in a transitional area between different
land use categories or on a collector, minor ~ or
principal arterial as defined in the comprehensive plan.
*The city does not designate intermediate arterials in the comprehensive plan.
Sec. 20-504. (b) and (c)
(b) Site plan review under article II, division 6 of this CoAe chapter shall be
carried out for each non-single family or duplex principal structure;- that is
proposed.
*MCC recommendation.
(c) PUD plans shall be coordinated with and in compliance with provisions of
articles V, r:,^~a m~ c~ ....,~., r,~. ~,~ VI xx;~,~a r,~^,~;^~ d
~:~ VII, eu~ ~ .... ~" ~ .......of th~s chapter.
*MCC recommendation.
Section 20-505 (c)
Planning Commission
February 18, 2003
Code Amendments
Page 3
(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 net acreage located
within the property 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 or 20-508. Density transfer eligible for
multiple-family areas are not permitted to be applied to single-family areas.
(4) In no case shall the overall density of the development exceed the net
density ranges identified in the comprehensive plan except as specified in
policies supporting the city's affordable housing goals.
*The city does not calculate density based gross acreage. There has been a
conflict between the PUD ordinance and the Bluff Creek Overlay district.
This and changes to section 20-508 should overcome those conflicts. The
comprehensive plan permits density bonuses for the provision of affordable
housing.
Section 20-505 (d) of the Chanhassen City Code is amended to read:
(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 ~ contingent upon the developer and the city have entere~ ~ntc,
entering into an agreement to-eeam~ ensuring that the !,~w an~ me,~erate
inc,~me the housing will be available to low and moderate income persons
for a specific period of time.
*Revisions proposed to clarify the intent of this requirement.
Section 20-505 (i)
(i) Signs shall be restricted to those which are permitted in the sign plan
approved b'y the city and shall be regulated by permanent covenants or design
standards established in the PUD Development Contract. Entrance
monuments, if used, shall be well designed.
Planning Commission
February 18, 2003
Code Amendments
Page 4
*Language added for clarification purposes. Covenants are private
agreements which are not enforced by the city. Design standards are
approved by the city and used for compliance review.
Sec. 20-505 (j)
(J)
The requirements contained in articles XXIII, ~ ..... , c .... ~ ....+.,
XXV, t ~,~ .... ; .... ,~ q~ r~ ...... ' may be applied by the city as it
deems appropriate.
* M C C recommendation.
Section 20-506 (b)
(b) Minimum lot eke. The trafi~fie, na! standard single-family residential
PUD allows lot sizes down to a minimum of eleven thousand (11,000) square
feet (excluding identified wetland areas from lot calculations). Average lot
sizes for the entire PUD shall maintain a minimum area of fifteen thousand
"-~'----,~- ........ t---- ,~--~--. The applicant must demonstrate that there are a mix of lot
sizes and proposed housing types consistent with the local terrain
conditions, preservation of natural features and open space and that lot sizes
are consistent with average building footprints that will be concurrently
approved with the PUD. The applicant must demonstrate that each lot is able
to accommodate a sixty-foot by fo~ sixty~fo~t bui!din~Pad ~
c^^~..... ~..,~,j ,....~ ,,~'~'~ t.~.~.c^^+ including a-deck or the average minimum buildable
area consistent with the largest building footprints approved as part of
the PUD without intruding into any required setback area or protective
easement. Each home must also have a minimum rear yard thirty (30) feet
*The comprehensive plan encourages density at the upper end of the
permitted density ranges. For projection purposes, the city assumed within
the comprehensive plan a net density of 2.4 units per acre. As an incentive for
using the PUD, developer should be held to this minimum density. There has
been extensive discussion regarding the use of a 60' x 60' building pad. This
language is added here to be consistent with the existing subdivision
ordinance. Staff is recommending that we include a minimum buildable area
which is approved as part of the PUD as an alternative, which may have
house pads that are 80' x 40' or 75" x 50', etc. Rear yard setbacks
Planning Commission
February 18, 2003
Code Amendments
Page 5
accommodate this open space. Wetland setbacks are larger than 30feet,
therefore, this language is unnecessary.
Section 20-506 (g) (1)
(1) Boulevard plantings. Located in front yard areas shall require a mix of
over-story trees and other plantings consistent with the site. A minimum of
two one over-story trees must be provided in each front yard. Yg~44c~med
* ............. * ;~ pl g fo
en ....................... required. In ace of mass gradin r 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.
*No quantity of overstory trees was specified. This language is consistent
with the subdivision ordinance. Whether or not a development has an
entrance monument should be left up to the project.
Section 20-508 (a)
(a) Generally. Single-family attached, cluster, zero lot line, townhouses
and similar type dwelling types ~t,n, ~,
.......... j may be allowed on sites designed
for medium or high density residential uses by the City of Chanhassen
Comprehensive Plan or for low density residential land in the Bluff Creek
Overlay district.
*The use of the PUD for these types of developments are at the discretion of
the city, not mandatory. The language change resolves some of the conflict
between the PUD ordinance and the Bluff Creek Overlay district, tgtho-eity
Section 20-508 (e) (1)
(1) Boulevard plantings. Located in front yards shall require a mix of
over-story trees and other plantings consistent with the site. Landscaped
berms shall be provided to screen the site from major roadways, railroads and
more intensive land uses .......... e, ................................ ,~ ......
place of mass grading for building pads and roads, stone or decorative blocks
retaining walls shall be employed as required to preserve mature trees and the
site's natural topography.
* Whether or not a development has an entrance monument should be left up
to the project.
Planning Commission
February 18, 2003
Code Amendments
Page 6
Section 20-517 (a)
areas
Planning Commission
February 18, 2003
Code Amendments
Page 7
a)
In order to receive guidance in the design of a P.U.D. prior to
submission of a formal application, an applicant may submit a
concept plan for review and comment by the planning
commission and city council. Submission of a concept plan is
optional but is highly recommended for large P.U.D.s. In
order for the review to be of most help to the applicant, the
concept plan should contain such specific information as is
suggested by the city. Generally~ this information should
include the following appropriate to the type of development,
e.g., commercial~ industrial, or residential:
1) approximate building areas and road locations;
2) height~ bulk and square footage of buildings;
3) type, number or square footage of specific land uses;
4) number of dwelling units;
5) generalized development plan showing areas to be
developed or preserved; and
6) staging and timing of the development.
*These standards incorporate the concepts contained in the Minnetonka
standards. Our intend at this stage of the development review is to
understand the concept of the overall development, rather than the detailed
information that will be worked out at the development stage, i.e., preliminary
plat, and final stage, i.e., final plat approvals.
Planning Commission
February 18, 2003
Code Amendments
Page 8
NEW DISTRICTS
Staff has attached the R-3, R-4 and R-5 district regulations from the city of
Minnetonka. The district ordinances may provide addition zoning
classifications that could be used when land uses are guided for Iow, medium
and high densities. Or we could incorporate portions of these codes in the
Chanhassen zoning ordinance that would work to implement the city's overall
housing goals and strategies.
TRAILS AND SIDEWALKS
Staff will be developing definitions and criteria to determine when and where
sidewalks will be required. Section 18-78 (b) (5) states that sidewalks may be
required. However, the city does not have any criteria to determine when
something is a sidewalk and when it is a trail. Additionally, the city attorney's
office is developing sidewalk maintenance requirements (attached).
Currently, the accumulation of snow and ice on sidewalks is a nuisance in
section 13-2 (c) (1). However, the responsibility for shoveling and clearing
are not specified.
We will bring these items back for Planning Commission review. We are
requesting that the Planning Commission provide us with input on
establishing the criteria, which will be included in chapter 18, subdivisions.
Staff's initial inclination is to require sidewalks on local streets that provide
access to the trail systems, to city parks, to neighborhood commercial uses
and to schools. Trails would be located on collector and arterial streets and
as off-street connectors to city parks, to neighborhood commercial uses, to
adjacent neighborhoods and to schools. However, we will submit these
criteria to the Parks and Recreation Commission for review prior to inclusion
in the ordinance.
FENCES
Staff has surveyed other communities regarding fence regulations. The
survey results are attached. Staff is moving toward less regulation. Staff is
proposing that temporary fencing,e.g., fences around gardens, snow fencing,
be exempt from the permit requirements. Staff will look at locational
limitations or requirements for temporary fences. However, we will
incorporate language regarding material consistency in response to previous
discussion.
Bluff Creek Corridor
Low Density Residential (Guided)
.-'~ ,"' Hwy. 212 Corridor
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Cod
4. City Council Action.
After receiving the planning commission's recommendation, the city council must consider the matter
and may hold whatever hearing it deems advisable. The city council must act upon the amendment
within 60 days of submission of a completed application or such longer period agreed to by the
applicant. The city may take an additional 60 days for a decision upon notifying the applicant of the
reasons for such an extension. In the case of an amendment involving a change in the boundaries of a
zoning district, the city must mail a copy of its decision to the applicant. If the council fails to make a
timely decision, the amendment will be deemed to have been approved. The city council may adopt
an amendment to this ordinance only upon a majority vote, except that the city council may only adopt
a rezoning from residential to any commercial or industrial zone upon an affirmative vote of at least
two-thirds of its full membership. In the'case of a rezoning to PUD; planned unit:development; or the
approval of a master development plan, the required:votes wilt be based on the gross floor area o£ the.
proposed uses. In these cases, a commercial or industrial zone will be considered to be any plan with~
more than 25% of the gross floor area in commercial or industrial use.~
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SECTION 300.22. PLANNED UNIT DEVELOPMENT
DISTRICT.
1. Purpose.
The purpose of the planned unit development (P.U.D.) district is to provide a district which will
encourage the following:
a) flexibility in land development and redevelopment in order to utilize new techniques of building
design, construction and land development;
b) provision of housing affordable to all income groups;
c) energy conservation through the use of more efficient building designs and sitings and the
clustering of buildings and land uses;
d) preservation of desirable site characteristics and open space and protection of sensitive
environmental features, including steep slopes, poor soils and trees;
e) 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;
f) high quality of design and design compatible with surrounding land uses, including both existing
and planned;
g) sensitive development in transitional areas located between different land uses and along
significant corridors within the city; and
h) development which is consistent with the comprehensive plan.
2. Uses.
Within the P.U.D. district all permitted uses and accessory uses are allowed. Within the P.U.D.
district all uses allowed by conditional use permit within any other district are allowed by conditional
use permit. Uses allowed by conditional use permit shall be reviewed for compliance with the P.U.D.
master development plan and with the applicable conditional use permit standards specified in sections
300.16 or 300.21 of this ordinance. Uses allowed by conditional use permit shall also be subject to
site and building plan review pursuant to section 300.27 of this ordinance.
3. Development Standards.
Within the P.U.D. district all development shall be in compliance with the following.
a) Each P.U.D. shall have a minimum area of five acres, excluding areas within a designated
wetlands, floodplain or shoreland district or right-of-way, 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
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development as a P.U.D. will conserve a physical or topographic feature of importance to the
neighborhood or community;
2) the property is directly adjacent to or across a right-of-way from property which has been
developed previously as a P.U.D. or planned unit residential development and will be perceived as and
will function as an extension of that previously approved development;
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;
4) the property is proposed to be developed with single family dwelling lots having a minimum
area of 15,000 square feet; or
5) the property contains steep slopes or a substantial number of significant trees that could be
preserved through the clustering of buildings or other design techniques not generally allowed by the
existing zoning district.
b) Each P.U.D. 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 25 percent of the gross floor area of all
buildings in a P.U.D. 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. If non-designated uses are to be incorporated into a P.U.D., the city may
forward a copy of the request to the metropolitan council for review.
c) Where the site of a proposed P.U.D. is designated for more than one land use in the
comprehensive plan, city may require that the P.U.D. 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 ordinance and the comprehensive plan.
d) Each residential P.U.D. or the residential portion of each mixed use P.U.D. shall have a density
within the range specified in the comprehensive plan for the P.U.D. site. If the site is not designated in
the comprehensive plan for residential use, the appropriate density shall be determined by the city
based upon the city council's finding that such density is consistent with the intent of this ordinance
and of the comprehensive plan.
e) 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 floor area ratio
requirements 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 cost units remain available to persons of low and moderate income for a specific
period of time.
f) Hardsurface coverages and floor area ratios shall be limited as follows:
Comprehensive Plan
Designation
Hardsurface 'Floor'Area
Coverage (070) Ratio
Iow or medium density residential 50 0.5
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high density residential
70 1.0
office 85 1.0
commercial (neighborhood or community) 85 0.8
commercial (regional)
85 1.5
industrial 85 1.0
Individual lots within a P.U.D. may exceed these standards as long as the average meets these
standards.
g) The setback for all buildings within a P.U.D. from any bordering or abutting street line shall be
35 feet for local and neighborhood collector streets and 50 feet from railroad lines and from major
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 100 feet. The setback for all
buildings from exterior P.U.D. lot lines not abutting a public street shall be 35 feet except that in no
case shall the setback be less than the height of the building up to a maximum of 100 feet. Building
setbacks from internal public streets shall be determined by the city based 6n characteristics of the
specific P.U.D. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot
lines of a P.U.D.
The setback for parking structures including decks and ramps shall be 35 feet from local streets and
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 50 feet or the height
of the structure, whichever is greater when adjacent to residential properties; 35 feet when adjacent to
non-residential properties. Parking structure setbacks from internal public or private streets shall be
determined by the city based on characteristics of the specific P.U.D.
Where industrial uses abut developed or platted single family lots outside the P.U.D., 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.
~-Areas within a P.U.D. which are designated in the approved master development plan or final site,
plan for residential use shall be considered a residential diStrict for purposes of determining building-
and parking setback requirements on adjacent high density residential, commercial: and industrial
property outside the P.U.D. '
h) More than one building may be placed on one platted or recorded lot in a P.U.D.
i) Any P.U.D. which involves a single land use type or housing type shall be permitted provided that
it is otherwise consistent with the objectives of this ordinance and the comprehensive plan.
j) Each residential P.U.D. or residential area of a mixed use P:U.D. shall provide a minimum of 10~
percent of the gross project area in private recreational uses for project residents. Such area shall be
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for active or passive recreational uses suited to the needs of the residents of the project, including
swimming pools, trails, nature areas, picnic areas, tot lots and saunas.
k) All property to be included within a P.U.D. 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.
1) Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall
be regulated by permanent covenants.
m) The requirements contained in sections 300.15 and 300.28 of this ordinance pertaining to general
regulations for residential districts and performance standards shall apply to a P.U.D. as deemed
appropriate by the city.
n) The uniqueness of each P.U.D. requires that'specifications and standards for-streets, utilities,,
public facilities and subdivisions may be subject to modification from the city ordinances 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:
section or to protect the health, safety or welfare of the residents of the P.U.D., the surrounding area or
the city as a whole.
o) No building or other permit shall be issued for any work on property included within a proposed
or approved P.U.D. nor shall any work occur unless such work is in compliance with the proposed or
approved P.U.D.
4. Development Standards for Small Lot Single Family Detached Dwellings Developed on Sites
Guided for Low Density Residential Development in the Comprehensive Plan.
Each P.U.D. developed for single family detached dwellings on sites guided for low density residential
development in the comprehensive plan shall be subject to the following standards:
a) minimum size of entire parcel or parcels subject to the P.U.D.: 40,000 square feet;
b) permitted locations: in areas of the city where smaller lots will serve as a transition between low
density residential areas or in areas where the prevailing lot size is less than 22,000 square feet;
c) minimum lot size: 15,000 square feet;
d) minimum lot width at the setback line: 90 feet;
e) minimum lot depth: 125 feet;
f) minimum front yard setback: 25 feet on internal streets with the P.U.D. On exterior or through
streets, a 35 feet setback must be provided on local streets and 50 foot setback on collector or arterial
streets as defined by the comprehensive guide plan;
g) minimum side yard setback: 10 feet on interior lot lines, 15 feet on lot lines along the exterior of
the P.U.D;
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h) rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is less;
i) building height: maximum of 35 feet;
j) all dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at least
50 percent of their width. All dwelling units, including manufactured homes, shall have a width of at
least 20 feet for at least 50 percent of their depth;
k) all dwellings shall have a permanent foundation in conformance with the Minnesota state
building code;
1) accessory structures shall conform to the setbacks established for principal structures, except for
the following:
1) all accessory structures located more than 10 feet from a principal structure may be located a
minimum of 10 feet from a rear or side lot line; and
2) all accessory structures except detached garages which are located between the principal
structure and the front lot line shall maintain a minimum setback of 50 feet from the front lot line.
m) no accessory structure shall occupy more than 30 percent of the side or rear yard in which it is
located, exceed 1,000 square feet in area, or exceed 12 feet in height; and
n) off-street parking shall be provided for at least two vehicles for each single family dwelling. A
suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided
and indicated as such on a survey or site plan to be submitted when applying for a building permit to
construct a new dwelling or alter an existing garage.
4A. Development Standards for Single Family Detached Cluster Housing and for Single Family
Detached Housing Developed on Lots Having Less than 15,000 Square Feet.
Each P.U.D. developed for single family detached cluster housing and for single family detached
housing built on lots having less than 15,000 square feet shall be subject to the following standards.
a) This development shall only occur on medium and high density properties as designated in the
comprehensive guide plan. It may be allowed on low density residential properties as designated in
the comprehensive guide plan if it can be demonstrated by the applicant that because of unique
circumstances of the property such as floodplain, wetlands or steep slopes that lots of less than 15,000
square feet or cluster home development is the only feasible manner of utilizing the property.
However, in no case shall the lot size be less than 11,000 square feet for single family detached
housing on low density residential properties.
~0r-'cluster and attached .housing-where lot areasare ~desi.gned:to be-similar--to the~size ora. dwelling
unit and surrounding property is .held.in commonownershiP;'the tt,000 square footlot sizeis Waived'
as long as the average lot size of all parcels is a minimum of 11,000 square feet. For properties
designed for medium and high density .housing in the comprehensive plan, the average lot size shall
exclude areas used for active recreational purposes.
b) Development standards outlined under subdivision 3 of this section.
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c) A homeowners association shall be established to oversee the maintenance of commonly held
properties and review of architectural modifications to the approved plans.
d) The applicant shall demonstrate that the architectural and landscape design being proposed for
cluster housing developments provide privacy for both internal and exterior living areas. This
provision shall include but not be limited to landscape and fence screens, location of fenestration on
adjacent dwelling units, location of HVAC equipment, and location of structures relative to adjacent
homes. Deviations from approved plans must be approved by both the city planning commission and
by the established homeowners association.
e) The applicant shall demonstrate that the platting, design and setback of structures will meet city
fire, life and safety requirements and facilitate the maintenance of building exteriors. This may be
accomplished by any combination of structural setback requirements, provision of easements and/or
incorporation of building code improvements, approved by the city. No intrusions of any kind will be
permitted into approved setbacks unless it can be demonstrated that fire, life and safety requirements
of the city can be met. Such intrusions shall be reviewed and approved by the city as a minor
amendment to the P.U.D.
f) All lots platted within a cluster housing development under this section shall have a statement
recorded in the chain of title that states that any construction on the lot must be in compliance with the
P.U.D. development plan, final site plan and architectural drawings, as approved and amended by the
city.
5. Review of Application.
a) In order to receive guidance in the design of a P.U.D. prior to submission of a formal application,
an applicant may submit a concept plan for review and comment by the planning commission and city
council. Submission of a concept plan is optional but is highly recommended for large P.U.D.s. In
order for the review to be of most help to the applicant, the concept plan should contain such specific
information as is suggested by the city. Generally, this information should include the following:
1) approximate building and road locations;
2) height, bulk and square footage of buildings;
3) type and square footage of specific land uses;
4) number of dwelling units;
5) generalized grading plan showing areas to be cut, filled and preserved; and
6) staging and timing of the development.
The comments of the planning commission and city council shall address the consistency of the
concept plan with this section. The comments of the planning commission and city council shall be
for guidance only and, if positive, shall not be considered binding upon the planning commission or
city council regarding approval of the formal P.U.D. application when submitted.
b) Approval of a rezoning to P.U.D. and approval of a master development plan shall be subject to
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the procedures outlined in section 300.09 of this ordinance for a zoning map amendment. The master
development plan shall contain the following:
1) building location, height, bulk and square footage;
2) type and square footage of specific land uses;
3) number of dwelling units;
4) detailed street and utility locations and sizes;
5) drainage plan, including location and size of pipes and water storage areas;
6) grading plan;
7) generalized landscape plan;
8) generalized plan for uniform signs and lighting;
9) plan for timing and phasing of the development;
10) covenants or other restrictions proposed for the regulation of the development; and
11) renderings or elevations of the entrance side of buildings to be constructed in the first phase
of the development.
Approval of the master development plan shall indicate approval of the previously listed items and
shall occur in conjunction with rezoning of the property to P.U.D. After rezoning of the property to
P.U.D., nothing shall be constructed on the P.U.D. site except in conformance with the approved plans
and this section. The procedure for notification of and public heating on the master development plan
shall be the same as required for a zoning map amendment by section 300.09 of this ordinance.
c) Approval of a final site and building plan for the entire P.U.D. or for specific parts of the P.U.D.
shall be subject to the procedures outlined in section 300.27 of this ordinance. The final site and
building plan shall contain information as required by the city, including the following:
1) detailed utility, street, grading and drainage plans;
2) detailed building elevations and floor plans; and
3) detailed landscaping, sign and lighting plans.
d) The final site and building plan shall be in substantial compliance with the approved master
development plan. Substantial compliance shall mean:
1) buildings, parking areas and roads are in substantially the same location as previously
approved;
2) the number of residential living units has not increased or decreased by more than 5 percent
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from that approved in the master development plan;
3) the floor area of non-residential uses has not been increased by more than 5 percent nor has
the gross floor area of any individual building been increased by more than 10 percent from that
approved in the master development plan;
4) there has been no increase in the number of stories in any building;
5) open space has not been decreased or altered to change its original design or intended use; and
6) all special conditions required on the master development plan by the city have been
incorporated into the final site and building plan.
Approval of a final site and building plan shall signify approval of all plans necessary prior to
application for a building permit, subject to conformance with any conditions on the approval and
subject to other necessary approvals by the city.
e) Applicants may combine the final site and building plan review with the master development
plan review by submitting all information required for both stages simultaneously.
f) The planning commission and city council shall base their recommendations and actions
regarding approval of a P.U.D. on a consideration of the following:
1) compatibility of the proposed plan with this section and the goals, policies and proposals of
the comprehensive plan;
2) effect of the proposed plan on the neighborhood in which it is to be located;
3) internal organization and adequacy of various uses or densities, circulation and parking
facilities, public facilities, recreation areas, open spaces, screening and landscaping;
4) consistency with the standards of section 300.27 pertaining to site and building plan review;
and
5) such other factors as the planning commission or city council deem relevant.
The planning commission and city council may attach such conditions to their actions as they shall
determine necessary or convenient to better accomplish the purposes of this section.
6. Term of Approval.
If application has not been made for a final site and building plan approval pursuant to the approved
master development plan for all or a part of the property within a P.U.D. by December 31 of the year
following the date on which the P.U.D. zoning map amendment became effective or if within that
period no extension of time has been granted, the city council may rezone the property to the original
zoning classification at the time of the P.U.D. application or to a zoning classification consistent with
the comprehensive plan designation for the property. In the absence of a rezoning, the approved
master development plan shall remain the legal control governing development of the property
included within the P.U.D.
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If construction on the property included within an approved final site and building plan has not started
by December 31 of the year following the date on which such final site and building plan was
approved or if building construction in a phase of a P.U.D. approved to be built in phases has not
started within this period or if within that period no extension of the time has been granted, the city
council may rezone the property to the original zoning classification at the time of the P.U.D.
application or to a zoning classification consistent with the comprehensive plan designation for the
property. In the absence of rezoning, the approved master development plan and final site and
building plan shall remain the legal control governing development of the property included within the
P.U.D.
7. Amendments.
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 procedure for such
amendment shall be the same as for approval of the original P.U.D. A major amendment is any
amendment which:
a) substantially alters the location of buildings, parking areas or roads;
b) increases or decreases the number of residential dwelling units by more than 5 percent;
c) increases the gross floor area of non-residential buildings by more than 5 percent or increases the
gross floor area of any individual building by more than 10 percent;
d) increases the number of stories of any building;
e) decreases the amount of open space by more than 5 percent or alters it in such a way as to change
its original design or intended use; or
f) creates non-compliance with any special condition attached to the approval of the master
development plan.
Any other amendment may be made through review and approval by a simple majority vote of the
planning commission.
8. Exceptions.
This section shall not apply to any P.U.D. or planned unit residential development which has received
preliminary or final approval by the city council prior to the effective date of this ordinance unless
such is requested by the property owner and approved by the city council.
(Amended by Ord.//2002-04, adopted February 11, 2002)
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SECTION 300.12. (R- 3j LOW OR MEDIUM DENSITY
RESIDENTIAL DISTRICT. '
1. Purpose.
The purpose of the R-3 district is to provide a district for attached dwelling units in those areas where
such development is consistent with the low or medium density residential designation of the
comprehensive plan and compatible with the development pattern of the surrounding area. Clustering
of buildings to permit more orderly development and to enhance the preservation of open space is
dencouraged within the district. Development within the district shall occur at densities not exceeding
welling units per acre. The allowed density for a piece of property will be determined by the city
at the time of the development application. The determination will be based upon the site specific
characteristics of the property and the 'requested development. Factors to be considered in increasing
or decreasing the allowed density include the existing environmental conditions such as wetlands,
floodplains, steep slopes, and significant trees; the specific site plan; the type of housing units
proposed, including whether greater density is desirable because the development contains affordable
housing that is consistent with the city's affordable housing goals but that avoids unacceptable
concentrations of such housing; the requested zoning; the minimum standards of this ordinance; the
potential impact from traffic generated by the development; and the surrounding area. The burden, of
establishing the appropriateness of the high end of the density range will:be~' on-the applicant.,
2. Permitted Uses.
Within the R-3 district no structure or land shall be used except for one or more of the following uses:
a) dwelling units not exceeding four attacheifl units;
b) manufactured homes built in conformance with Minn. Stat. §§ 327.31 et seq.;
c) public park and recreational areas owned and operated by a governmental unit, including
recreational facilities and structures consistent with the area, except as provided for in subdivision 4;
d) licensed residential care facilities or community based residential care facilities for six or fewer
persons, provided they are not located within IA mile of another similar facility and except as provided
for in subdivision 4; or
e) cabinets no larger than 150 cubic feet that hold utility equipment and for which a landscape plan
has been approved by the director; overhead utility poles and lines for a distribution line up to a
maximum height of 60 feet as measured from the ground upon which it is located, except that utility
poles and lines for a distribution line may be taller than 60 feet, but not taller than 80 feet, when
needed to cross a major roadway such as a freeway.
3. Accessory Uses.
Within the R-3 district the following uses shall be permitted provided they are subordinate to,
associated with and located on the same lot as a permitted use:
a) garages for any residential structure;
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b) swimming pools, tennis courts and similar recreational facilities, provided they are developed for
joint use by members of the homeowners' association or similar organization;
c) individually owned hot tubs and pools, provided they are located on individually owned property,
including decks or rear yards, do not exceed 80 square feet, and are subject to review by the
homeowners' association or similar organization, if one exists;
d) storage sheds, greenhouses or other accessory structures, provided they do not exceed 120 square
feet in gross floor area;
e) solar equipment;
f) receive only satellite dish antennas and other antenna devices up to a maximum height of 60 feet
as measured from the ground upon which it is located subject to the requirements provided in section
300.15, subd. 12; and radio devices no larger than one cubic foot in size that are attached to utility
poles, if there is no more than one per pole;
g) home occupations which are clearly secondary to the principal use and do not change the nature
of the principal use, provided there is only limited retail sales activity, there is no exterior evidence of
the occupation, no significant increase in traffic or demand for parking, no significant increase in
levels of noise, air or other pollution, no exterior signs, no persons employed in the business who do
not reside in the dwelling and except as provided for in subdivision 4;
h) minor mass transit facilities including benches, which benches may include advertising signs
consistent with the provisions of sections 300.30 et seq. of the code of city ordinances, except as
provided for in subdivision 4;
i) licensed day care facilities for five or fewer persons, subject to review as a home occupation;
j) evergreen material sales if in compliance with the standards specified in section 300.15, subd. 13,
and the director of planning has given approval;
k) public or private schools having a course of instruction meeting the compulsory education
requirements of the Minnesota board of education for students enrolled in grades K-12, or any portion
thereof, provided that each school:
1) serves no more than 12 students, unless each and every one of the students is living in the
structure and is the child, grandchild, parent, grandparent, spouse, or ward of a family member living
in the structure;
2) has no residential facilities for students who are not the child, grandchild, parent, grandparent,
spouse, or ward of a family member living in the structure;
3) has no more than one employee or independent teaching contractor who lives outside the
structure, unless the total number of traffic trips generated by these people does not exceed the total of
one trip to and from the structure for each day of instruction;
4) complies with the sign regulations for permitted residential uses, not conditionally permitted
uses, in the applicable zoning district; and
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5) complies with all other applicable city ordinances regarding parking.
1) other uses customarily associated with but subordinate to a permitted use, as determined by the
city.
4. Conditional Uses.
Within the R-3 district no structure or land shall be used for the following, except by conditional use
permit and in conformance with the standards specified in section 300.16 of this ordinance:
a) educational institutions and facilities, except as provided for in subdivision 3;
b) religious institutions and facilities;
c) mass transit facilities, except as provided for in subdivision 3;
d) licensed day care facilities for more than five persons, provided they are located within common
or community spaces or free-standing structures, including educational or religious facilities;
e) home occupations which are clearly secondary to the principal use and do not change the nature
of the principal use, provided there is only limited retail sales activity, there are no exterior signs, there
is a maximum of one outside employee, there is adequate off-street parking for the number of
employees or customers per day, the parking area is screened on all sides, there is no outside storage
or business hours do not exceed 8:00 a.m. to 9:00 p.m.;
f) licensed residential care facilities or community based residential care facilities for six or fewer
persons located within ~,4 mile of another facility or for more than six persons;
g) private, non profit recreational facilities as a principal use;
h) cemeteries;
i) marinas;
j) public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment;
k) telecommunication facilities as defined in Section 300.34;
1) utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding
upon the ground, and all transmission lines which are not subject to state review under the Minnesota
power plant siting act;
m) commercial nurseries;
n) commercial dog and/or cat kennels; or
o) other uses similar to those permitted by this section, as determined by the city.
5. District Standards.
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No building or land in the R-3 district shall be used except in conformance with the following:
a) building height: maximum of 35 feet;
b) front yard setback: minimum of 35 feet from the right-of-way of local and neighborhood
collector streets as identified in the comprehensive plan; or a minimum of 50 feet from railroad lines
and from the right-of-way of major collector or arterial roadways as identified in the comprehensive
plan;
c) side yard setback: minimum of 15 feet plus two feet for every foot by which the building exceeds
25 feet in height. Side yard setbacks may be reduced to zero feet along the common property line
when dwellings share common walls and are subject to site and building plan review;
d) rear yard setback: minimum of 40 feet from exterior property lines. Rear yard setbacks may be
reduced to zero feet by the city for attached dwellings located within cluster developments which are
subject to site and building plan review;
e) building spacing: minimum spacing between buildings shall be the average of the heights of the
buildings. Spacing requirements may be reduced to zero feet by the city for dwellings which share
common walls and are subject to site and building plan review;
f) lot area: minimum of 10,000 square feet per dwelling unit for low density residential
developments or 3,630 square feet for medium density residential developments; and
g) accessory structures: accessory structures must be located a minimum of 10 feet from any
required exterior side or rear lot line. The setback may be reduced to zero feet along common property
lines for detached accessory structures in conjunction with attached dwellings.
(Amended by Ord. #2002-04, adopted February 11, 2002; amended by Ord. #2002-03, adopted
January 7, 2002; amended by Ord. #2000-19, adopted October 16, 2000; amended by Ord. #99-25,
adopted October 11, 1999)
SECTION 300.13. R-4 MEDIUM DENSITY RESIDENTIAL
DISTRICT.
1. Purpose.
The purpose of the R-4 district is to provide a district for attached and multiple family dwellings in
those areas designated for medium density residential development in the comprehensive plan, .
Development within this district shall occur at densities greater.than four but not exc'eeding ~ (-//- ~
dwelling units per acre. The allowed density for a piece of propert-y will be determined by the' city at
the time of the development application. The determination will be based upon the site specific
characteristics of the property and the requested development. Factors to be considered in increasing
or decreasing the allowed density include the existing environmental conditions such as wetlands,
floodplains, steep slopes, and significant trees; the specific site plan; the type of housing units
proposed, including whether greater density is desirable because the development contains affordable
housing that is consistent with the city's affordable housing goals but that avoids unacceptable
concentrations of such housing; the requested zoning; the minimum standards of this ordinance; the
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potential impact from traffic generated by the development; and the surrounding area. The burden of
establishing the appropriateness of the high end of the density range will be on the applicant.
2. Permitted Uses.
Within the R-4 district no structure or land shall be used except for one or more of the following uses:
a) attached dwelling units;'
b) multiple family dwelling units;
c) public park and recreational areas owned and operated by a governmental unit, including
recreational facilities and structures consistent with the area, except as provided for in subdivision 4
d) licensed residential care facilities or community based residential care facilities for six or fewer
persons, provided they are not located within lA mile of another similar facility and except as provided
for in subdivision 4; or
e) cabinets no larger than 150 cubic feet that hold utility equipment and for which a landscape plan
has been approved by the director; overhead utility poles and lines for a distribution line up to a
maximum height of 60 feet as measured from the ground upon which it is located, except that utility
poles and lines for a distribution line may be taller than 60 feet, but not taller than 80 feet, when
needed to cross a major roadway such as a freeway.
3. Accessory Uses.
Within the R-4 district the following uses shall be permitted provided they are subordinate to,
associated with and located on the same lot as a permitted use:
a) attached garages for any residential structure;
b) detached garages, provided they are located in a common building or space approved by the city
under a uniform plan;
c) swimming pools, tennis courts and similar recreational facilities, provided they are developed for
joint use by members of the homeowners' association or similar organization;
d) storage buildings designed for common use by members of the homeowners' association or
similar organization or for use by the maintenance staff for storage or as a workshop associated with
normal upkeep of the property;
e) solar equipment;
f) receive-only satellite dish antennas and other antenna devices up to a maximum height of 60 feet
as measured from the ground upon which it is located subject to the requirements provided in section
300.15. subd. 12; and radio devices no larger than one cubic foot in size that are attached to utility
poles, if there is no more than one per pole.
g) one leasing, sales or management office per development, provided it is used solely for leasing,
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sales or management of units within the development, does not exceed 1,000 square feet of floor area
and except as provided for in subdivision 4;
h) minor mass transit facilities including benches, which benches may include advertising signs
consistent with the provisions of sections 300.30 et seq. of the code of city ordinances, except as
provided for in subdivision 4;
i) evergreen material sales if in compliance with the standards specified in section 300.15, subd. 13,
and the director of planning has given approval;
j) public or private schools having a course of instruction meeting the compulsory education
requirements of the Minnesota board of education for students enrolled in grades K-12, or any portion
thereof, provided that each school:
1) serves no more than 12 students, unless each and every one of the students is living in the
structure and is the child, grandchild, parent, grandparent, spouse, or ward of a family member living
in the structure;
2) has no residential facilities for students who are not the child, grandchild, parent, grandparent,
spouse, or ward of a family member living in the structure;
3) has no more than one employee or independent teaching contractor who lives outside the
structure, unless the total number of traffic trips generated by these people does not exceed the total of
one trip to and from the structure for each day of instruction;
4) complies with the sign regulations for permitted residential uses, not conditionally permitted
uses, in the applicable zoning district; and
5) complies with all other applicable city ordinances regarding parking.
k) other uses customarily associated with but subordinate to a permitted use, as determined by the
city.
4. Conditional Uses.
Within the R-4 district no structure or land shall be used for the following except by conditional use
permit and in compliance with the standards specified in section 300.16 of this ordinance:
a) educational institutions and facilities, except as provided for in subdivision 3;
b) religious institutions and facilities;
c) mass transit facilities, except as provided for in subdivision 3;
d) licensed day care facilities within any dwelling unit for three or fewer persons, excluding
children residing in the dwelling unit, or for four or more persons in suitably designed and designated
common areas or structures which are not also used for recreational purposes;
e) home occupations which are clearly secondary to the principal use and do not change the nature
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of the principal use, provided there is only limited retail sales activity, there are no exterior signs, there
is a maximum of one outside employee, there is adequate off-street parking for the number of
employees or customers per day, the parking area is screened on all sides, there is no outside storage
or business hours do not exceed 8:00 a.m. to 9:00 p.m.;
f) licensed residential care facilities or community based residential care facilities for six or fewer
persons located within ~,~ mile of another similar facility or for more than six persons;
g) private, non-profit recreational facilities as a principal use;
h) public or private nursing or convalescent homes;
i) leasing, sales or management offices for the development exceeding 1,000 square feet of floor
area, except as provided for in subdivision 3;
j) cemeteries;
k) marinas;
1) public buildings or facilities and cabinets larger than 150 cubic feet that hold utility equipment;
m) telecommunication facilities as defined in Section 300.34;
n) utility poles and appurtenances (such as wires) that are over 60 feet in height and freestanding
upon the ground, and all transmission lines which are not subject to state review under the Minnesota
power plant siting act;
o) commercial nurseries;
p) commercial dog and/or cat kennels; or
q) other uses similar to those permitted by this section, as determined by the city.
5. District Standards.
No building or land in the R-4 district shall be used except in conformance with the following:
a) height: building height shall be regulated generally by floor area ratio and yard area requirements
but shall be evaluated along with other design parameters under site and building plan review. The
planning commission or city council may impose reasonable height limitations when any of the
following conditions are found to exist:
the proposed building is located within 200 feet of any designated low density residential
1)
district;
2)
3)
the proposed building is located within 100 feet of any designated public park;
the proposed building is highly visible to a large number of parcels containing or designated
on the comprehensive plan to contain low density residential uses due to site conditions, including
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topography and lack of mature vegetation; or
4) the proposed building will be of an inappropriate site or architectural design due to existing or
planned topography or sight lines.
In imposing height limitations, it shall be the intent of the planning commission and city council to
mitigate potential negative impacts rather than to limit the density of the project.
b) front yard setback: minimum of 35 feet from the right-of-way of local and neighborhood
collector streets as identified in the comprehensive plan; or a minimum of 50 feet from railroad lines
or from the right-of-way of major collector or arterial roadways as identified in the comprehensive
plan, or the height of the building, whichever is greater;
c) side and rear yard setback: side and rear yard setbacks shall be 1½ times the height of the
building up to a maximum of 100 feet, but in no case less than the following when measured from land
designated accordingly in the comprehensive plan:
1)
2)
3)
4)
50 feet from Iow density residential;
40 feet from medium or high density residential, commercial or office;
30 feet from industrial; and
20 feet from institutional or open space;
Side and rear yard setbacks may be reduced to zero feet where dwellings are designed to share
common walls.
d) floor area ratio: maximum of 0.5;
e) lot area: minimum of 30,000 square feet;
f) access: by permit from a public body. Principal access shall be to a collector or arterial roadway
as designated in the comprehensive plan;
g) building spacing: minimum spacing between buildings shall be the average of the heights of the
buildings;
h) outdoor recreational area: minimum of 10 percent of the gross project area shall be in private
recreational uses for project residents. Such area shall be for active or passive recreational uses
suited to the needs of the residents of the project, including swimming pools, trails, nature areas, tot
lots and saunas. (Figure 20)
Figure 20
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(Amended by Ord. #2002-04, adopted February 11, 2002; amended by Ord. #2002-03, adopted
January 7, 2002; amended by Ord. #2000-19, adopted October 16, 2000; amended by Ord. #99-25,
adopted October 11, 1999)
SECTION 300.14. R-5 HIGH DENSITY RESIDENTIAL
DISTRICT.
1. Purpose. / ~
The purpose of the R-5 district is to provide a distri~ for multiple family dwelling units in those areas
designated for high density residential developme, g't in the comprehensive plan. Development within
this district shall occur at densities greater than 1,g .dwelling units per acre. The allowed density for~-a
piece of property will be determined by the city atthe time of the development applicatiom The
determination will be based upon the site specific characteristics of the property and the requested
development. Factors to be considered in increasing or decreasing the allowed density include the
existing environmental conditions such as wetlands, floodplains, steep slopes, and significant trees; the
specific site plan; the type of housing units proposed, including whether greater density is desirable
because the development contains affordable housing that is consistent with the city's affordable
housing goals but that avoids unacceptable concentrations of such housing; the requested zoning; the
minimum standards of this ordinance; the potential impact from traffic generated by the development;
and the surrounding area. The burden of establishing the appropriateness of the high end of the
density range will be on the applicant.
2. Permitted Uses.
Within the R-5 district no structure or land shall be used except for one or more of the uses permitted
within the R-4 medium density residential district.
3. Accessory Uses.
Within the R-5 district any use permitted as an accessory use within the R-4 medium density
residential district shall be permitted provided it is subordinate to, associated with and located on the
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same lot as a permitted use.
4. Conditional Uses.
Within the R-5 district any use permitted as a conditional use within the R-4 medium density
residential district shall be permitted by conditional use permit when in compliance with the standards
specified in section 300.16 of this ordinance.
5. District Standards.
No building or land in the R-5 district shall be used except in conformance with the following:
a) height: building height shall be regulated generally by floor area ratio and yard area requirements
but shall be evaluated along with other design parameters under site and building plan review. The
planning commission or city council may impose reasonable height limitations when any of the
following conditions are found to exist:
1) the proposed building is located within 200 feet of any designated low density residential
district;
2) the proposed building is located within 100 feet of any designated public park;
3) the proposed building is highly visible to a large number of parcels containing or designated
on the comprehensive plan to contain low density residential uses due to site conditions, including
topography and lack of mature vegetation; or
4) the proposed building will be of an inappropriate site or architectural design due to existing or
planned topography or sight lines.
In considering height limitations, the intent of the planning commission and city council shall be to
mitigate potential negative impacts and not to place limits on the density of the project.
b) front yard setback: minimum of 35 feet from the right-of-way of local and neighborhood
collector streets as identified in the comprehensive plan; or a minimum of 50 feet from railroad lines
or from the right-of-way of major collector or arterial roadways as identified in the comprehensive
plan, or the height of the building, whichever is greater;
c) side and rear yard setback: side and rear yard setbacks shall be 1V2 times the height of the
building, up to a maximum of 100 feet, but in no case less than the following when measured from
land designated accordingly in the comprehensive plan:
1) 50 feet from low density residential;
2) 40 feet from medium or high density residential, commercial or office;
3) 30 feet from industrial; and
4) 20 feet from institutional or open space.
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d) floor area ratio: maximum of 1.0;
e) lot area: minimum of 30,000 square feet;
0 access: by permit from the appropriate public body. Principal access shall be to a collector or
arterial roadway as designated in the comprehensive plan;
g) building spacing: minimum spacing between buildings shall be the average of the heights of the
buildings;
h) outdoor recreational area: minimum of 10 percent of the gross project area shall be in private
recreational uses for project residents. Such area shall be for active or passive recreational uses
suited to the needs of the residents of the project, including swimming pools, trails, nature areas,
picnic areas, tot lots and saunas. (Figure 21)
Figure 21
(Amended by Ord. #2002-04, adopted February 11, 2002)
http://www.am~egal.c~mjnx~gateway.d~~/Minnes~ta/Minnet~nk~~chapter~~~~4.htm?f=tem... 2/10/2003
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 13 and 17
OF THE CHANHASSEN CITY CODE CONCERNING
SNOW AND ICE REMOVAL FROM SIDEWALKS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Section 13-~.C(1) of the Chanhassen City Code is deleted.
SECTION 2. Chapter 17 of the Chanhassen City Code is amended by adding
Article IV to provide as follows:
ARTICLE IV. SNOW AND ICE REMOVAL
Sec. 17-50. Snow and ice removal from sidewalks.
(a) Purpose: The purpose of this Section is to require owners or occupants of
real property to maintain public sidewalks abutting their property to prevent a public
nuisance affecting the safety of the general public.
(b) Responsibility for Removal of Snow and Ice: It shall be unlawful for the
owner or the occupant of real property to fail to remove snow and ice from sidewalks
abutting their property within forty eight (48) hours after the snow and ice has been
deposited.
(c) Special Assessment: After giving the owner or occupant of real property not
in compliance with this Section two (2) days' advance written notice of noncompliance, the
City may cause the snow or ice to be removed and may assess the cost against the
property owner in accordance with Minnesota Statutes Section 429.101.
(d) Penalties:
(1)
Any person who violates this Section shall be guilty of a petty
misdemeanor and shall be punished by a fine of up to one hundred
dollars ($100.00).
(2)
A separate violation occurs each day that a violation hereunder
continues.
104337.01
RNK:OI/1712003
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of
City Council of the City of Chanhassen, Minnesota.
,2003, by the
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
,2003).
104337.01 2
RNK:01/17/2003
FENCES
Section 20-1016 through 20-1023
Staff has further researched fence material requirements in other communities at the
request of the Planning Commission on Tuesday February 4, 2003. Similar communities'
requirements are as follows:
City
Columbia Heights
Permit required greater than 6
feet
St. Louis Park
Permit required for any fence
Materials
· Constructed of durable,
weather-treated and rust
proofed materials.
Edina
Richfield ·
Permit required greater than 6
feet
· Nonmetallic material, 90%
opaque if greater than 6 feet
Prohibited Materials: · Electrical fences
· Barbed wire fences
· None
Chain link: top rail and
barbed ends toward ground,
inserts or slats woven
through shall be kept in
good state of repair
· Posts: wooden posts spaced
not to exceed 8 foot
intervals; chain link posts
spaced not to exceed 10
foot intervals
Prohibited Materials:
· Barbed wire
· Electric fence
· Chicken wire
· Welded wire
· Branches
· Or materials originally
intended for other purposes
Height
Not exceed 7 feet in
Residential District
Within front yard setback
Not exceed 3 92 feet; less
than 50% opaque not exceed
4 feet
· Not exceed 6 feet in side or
rear yard
· Not exceed 3 ~/2 feet in front
yard
· Not exceed 4 feet within
required setback or side
street
· Maximum 8 feet
· Not exceed 4 feet in front
line of principal building
extending to side lot lines
· Not exceed 6 feet
* NOTE: City of Golden Valley did not have Fence Requirements
(Previous survey)
Chaska
11 Gauge Chain Link
4' maximum decorative
fence
6~ maximum rear yard
8' maximum privacy fence
* No permit required less than 6 feet
Shakopee None
Eden Prairie None Similar to Chanhassen City
Code
Plymouth None Similar to Chanhassen City
Code
Minnetonka 11 Gauge Chain Link *
CITYOF
CHAN SEN
7700 Markel Boulevard
PO Box 147
Chanhassen, MN 55317
Adminislralion
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
· Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
~,~,^v. ci.chanhassen.mn.us
MEMORANDUM
TO:
Planning Commission
FROM:
Bob Generous, Senior Planner
DATE:
January 21, 2003
SUB j:
Signage for Byerlys
Byerlys has submitted a sign permit application for a monument type sign to
advertise businesses which are located within their building. Our ordinance
does not specifically address this type of signage.
We have requested additional information from the applicant regarding the
specific location on the site to verify that it does not create a hazard or impede
pedestrian or traffic. However, we would also like to submit this sign as a
discussion item for the planning commission.
Staff is proposing that we treat this sign as a monument sign in lieu of the
monument sign that would normally be permitted on Kerber Boulevard. As
such, it meets the ordinance requirements for monument signs as far as height
and sign area:
Sec. 20-1303. Highway, general business districts and central business
districts.
The following signs shall be allowed by permit in any "BH", "BG", or "CBD"
District:
The following table lists the standards for freestanding and ground low profile
signs in the BH, BG, or CBD zone.
Pylon Ground Low Profile
Principal Height Sign Size Height Sign Size
Structure (ft.) (sq. ft.) (ft.) (sq. ft.)
50,000 sq. ft. 20 80 10 80
or greater
Less than 50,000 16 64 8 64
sq. ft.
The City of Chanhassen * A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
(1) Pylon business sign. Pylon signs are permitted on parcels that abut State
Highway corridors only. One (1) pylon identification sign shall be permitted.
This sign may identify the name of the center or the major tenants. The height
and square footage of the sign shall be based on the square footage of the
principal structure as shown in the table. Such signs shall be located at least
ten (10) feet from any property line.
(2) Ground low profile business signs. One (1) ground low profile business
sign shall be permitted per each outlot or separate building pad that has street
frontage. The height and square footage of the sign shall be based on the table
above. Such signs shall be located at least three hundred (300) feet from any
other pylon or ground sign and at least ten (10) feet from any property line.
(3) Wall business signs. Wall business signs shall be permitted on street
frontage for each business occupant within a building only. The total of all
wall mounted sign display areas for each business shall not exceed the square
footage established in the following table:
Maximum Percentage Wall Area in
of Wall Square Feet
Maximum Square
Footage of Sign
15% 0--600 90
13% 601--1,200 156
11% 1,201--1,800 198
9% 1,801--2,400 216
7% 2,401--3,200 224
5% 3,201~-4,500 230
3% 4,500+ 240
(4) Menu board. One (1) menu board sign per restaurant use is permitted with
a drive-through facility. Such sign shall not exceed forty-five (45) square feet
in size nor greater than eight (8) feet in height. Such sign is permitted in
addition to any other sign permitted in the zoning district.
Attached is the sign permit application.
01/15/03
09:31 FAX 9522271110 CITY OF CIIANUASSEN
CITY OF CHANHASSEN
SIGN PERMIT APPLICATION
7700 Market Boulevard
P. O. Box 147.-
Chanhassen, MN 55317
(952) 227.'1 100
Permit Fee $
~]002
Receipt #
Date:
Site Address:
Zoning:
Property Owner:
Address:
Apphcant:~.~-- 4-
Phone:
OFFICE USE ONLY
Permanent Sign: J~ Temporary Sign: From: __/ / To: __/ /__
TYPE OF SIGN
(Please Circle)
Ne~v Wall Mounted Illuminated
Alteration Monument ~ Non-Illuminated
Repair
Relocate
Pylon
Size of Sign:
Length:
Width:
Height:
To[al Area:
Logo Area:
~/ ft
2.)'" ft.
C / ft.
/5- ,V' sq. t't.
sq. ft.
If a Wall Sign,
Wall Area:
Percentage of wall
coverage by sign:
ff a ~r Pylon Sign,
Total Height (above grade)
Ul/ m~/U3 Ug:32
Wording on Sign:
MalctSals Used for Construct/on:
,.
Wall Anchorage Details:
}.':\X 9522271110
CITY OF CHANHASSEN
Specifications of fasteners (e.g., size. type, number per letter, and spacing)
Approximate weight of sign: /d/___.) /J -ff~'-'"%
Value ofSign: $_.'~ "-) q"~' ~
Variance Required: ___ Yes
Estimated Date of Completion: ,-~
Planning Department Case Number:
Will the sign be located in a public drainage or utility easement:
Yes
NOTE: Please attach an elevation dra~ving to scale of the entire wall of the building to which the sign is to
be affixed, accurately locating the sign. If the sign is free standing, attach a site plan showing the exact
location of the sign in relation to the property lines and plans indicating the manner the sign and/or its
support will be constructed.
TIlE U2','DERSIGNED HEREBY AGRESS TO DO ALL WORK IN' ACCORDANCE WITH CI4~ANHASSEN CITY
CODE AND THE RULENGS OF THE BUILDIN'G LNSPECTIONS DIVISION.
Date: /
Mana_ement s Signature:
Date: / /
APPROVALS
Building: Planning: Engineering:
Date: Date: Date:
g:\user\vickiksign pcmtit application