Work Session ItemsIl
CITYOF
CHANHASSEN
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MEMORANDUM
TO:
Planning Commission
FROM:
Kate Aanenson, AICP, Community D~velopment Director
DATE:
January 31,2001
SUB J: Work Session
The Plamfing Commission update is the goals or the work program for 2001.
Staff is looking for direction on any additional issues you would like us to address
this year. Bob has held two neighborhood meetings regarding the comprehensive
plan rezoning. He will share with you how those meetings are being received and
reviewing the process.
Included in your packet is a summary of building permit activity (yearend wrap-
up). Please review this information and staff will be providing an analysis at the
work session. We will also be giving you an update on the following items:
· Bluff Creek Watershed Plan
· Seminary Fen
· Villages on the Pond
· Livable Communities Act
You will note that you have eight candidates to interview. I have included
questions that you have used in the past. Remember that there are two incumbent
commissioners whose terms expire in April so you will want to recommend at
least three names to the City Council. If the incumbents want to reapply, the past
practice has been that they should not participate in the interviews.
I look forward to our meeting. I find these opportunities to reflect on where we
have been and where we are going very productive.
The Citr of C/m,hassen. A growing commtmitv wit/, c/ea.,/akes, a,a/in, schools, a cha;7,i,g dow,tow,, thrivi,~ busi,esses, a,d bea,titS/ /~arks. A areat /dace to/i,e. ,,ark. mtd tdav
Planning Commission Update
Comprehensive Plan Rezoning and Land Use Changes
This is the final step o£the comprehensive plan
implementation
Glitch Ordinance
This is a series of amendments clearing up ambiguity in the
subdivision and zoning ordinance. (Staff will take one at a.
time on available agendas).
Flag Lot Amendment
During a work session this item will be further discussed.
Arboretum Village
Pulte Homes rezoning of 120 acres 383 units.
Nuisance Ordinance
Staff has met with the city attorney regarding noise complaints. There
are an increasing number of complaints that we are unable to resolve.
While planning department does not enforce this chapter, noise is
discussed in Chapter 20. The city attorney has drafted an ordinance.
If the amendments are just to chapter 13 the amendment may go straight
to the city council. (attached)
Design Standards
Staff has been working with the city council in trying to modify design
standards. Several discussions have been held and there seems to be a
consensus to a 50-75 percent brick or better requirement. It was left
with the staff to take pictures of other community. When an ordinance
is presented it will go the city council via the planning commission.
Lakeshore Landscaping
Consider an ordinance that would require landscaping on
lakeshore lots.
Existing Neighborhood Standards
Consider an ordinance that would require an average lot size, and
building height based on existing neighborhoods.
Presbyterian Homes
They are looking at possible 160 assisted and independent
living rental units at villages on the ponds. The site is just
west of the church,
Fertilizer Ordinance
Create an ordinance that limits or prohibits the use of phosphorous.
(Issue paper attached.)
Ongoing Issues
Doug Hanson has prepared a draft design for a 30-36 unit apartment
Sept - Winter
2001
work
session
Feb 2001
Winter 2001
Winter 2001
Winter 2001
Ongoing
Winter 2001
· Spring 2001
Winter 2001 ?
Winter 2001
complex on Santa Vera next to his existing building and the city park
Ashling Meadows
Lundgren Subdivision at the intersection of Galpin and Lake Lucy.
Traditional RSF subdivision with 50 + lots.
Code Enforcement
Home occupations violations
R & B Landscaping
JB Landscaping
Conditional use standards
Project Management
Lake Susan Apartments
March Glen Subdivision
Paisley Park- studio addition
Feb 20,2001
Both have been
resolved
Mattson Property
Industrial guided and property that is located south of Stone
Creel and just west of the Bluff Creek and north of Lyman.
The site is approx 80 acres. Part of the site is in the Bluff
Creek Overlay District.
Site Plans
Chanhassen Lakes Business Park #7, Lot 8 Block 1 28,821 sq. ft.
Office/Warehouse
Chanhassen Lakes Business Park #7, Lot 7 Block 1 26,040 sq. ft.
Office/Warehouse
Conditional Use and Site Plan
West wood church 184,940 sq ft
Winter or
Spring 2001
Feb 2001
Feb 2001
Spring 2001
g:\planXka\pc update.doc
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13
OF THE CHANHASSEN CITY CODE RELATING TO NOISE,
PROVIDING FOR THE ELIMINATION AND
PREVENTION OF PROHIBITED NOISE, AND
IMPOSING PENALTIES FOR VIOLATION
THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. Chapter 13 of the Chanhassen City Code is amended by adding a nexv Article
V. to read:
ARTICLE V. - NOISE
Sec. 13-50. DEFINITIONS.
General. Words and pb2'ases defined in this section have, when used in this Article,
the meanings given below. Any other word or phrase used in this Article, and
defined in regulations of the Minnesota Pollution Control Agency Noise Pollution
Control Rules Chapter 7030, has the meaning given in those regulations.
Air Circulation Device. Means a mechanism designed and used for the controlled
flow of air used in ventilation, cooling, or conditioning, but not limited to, central
and window air conditioning units.
LIO. Means the sound level, expressed in decibels (dBA) which is exceeded 10
percent of the time for a one-hour period, as measured by a sound level meter having
characteristics as specified in the latest standards, S 1.4, of the American National
Standards Institute and using test procedures approved by the police department.
£50. Means the sound level, expressed in decibels (dBA) which is exceeded 50
percent of the time for a one-hour period, as measured by a sound level meter having
characteristics as specified in the latest standards, S 1.4, of the American National
Standards Institute and using test procedures approved by the police department.
Person. Means an individual, firm, partnership, corporation, trustee, association, the
state and its agencies and subdivisions, or any body of persons whether incorporated
or not. With respect to acts prohibited or required herein, "person" shall include
employees and licensees.
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Outdoor Recreational Uses. Means only the following: public/private golf courses,
and operation of driving ranges incidental to the golf course use; ice skating rinks on
public property; and ski trail grooming on public property.
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Sound Source Control Plan. A plan that identifies any potential noise source which
may occur in connection with a request for zoning approval, including specific
actions that will successfully mitigate the potential undesirable effects of the noise
source.
Section 31-51. NOISES PROHIBITED.
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General Prohibition. No person shall make or cause to be made any distinctly and
loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the
comfort, repose, health, peace, safety, or welfare of any persons or precludes their
enjoyment of property or affects their property's value. This general prohibition is
not limited by the specific restrictions of the following subdivisions.
Horns, Audible Sienalin~ Devices, Etc.. No person shall sound any signaling device
on any vehicle except as a warning of danger, as required by Minn. Stat. § 169.68.
Exhaust. No person shall discharge the exhaust, or permit the discharge of the
exhaust of any steam engine, stationary internal combustion engine, motor boat,
motor vehicle, recreational vehicle or snowmobile except through a muffler or other
device that effectively prevents loud or explosive noises therefrom and complies
with all applicable state laws and regulations.
Defective Vehicles or Loads. No person shall use any vehicle so out of repair or so
loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
Loading, Unloading, Unpacking. No person shall create loud and excessive noise in
loading, unloading, or unpacking any vehicle.
Radios, Tape Player, Compact Disc Player, Paging System, Etc.
General Prohibition. No person shall use or operate or permit the use or
operation of any radio receiving set, musical instrument, tape player, compact
disc player, paging system, machine, or other device for the production or
reproduction of sound in a distinctly and loudly audible manner as to
unreasonably disturb the peace, quiet, comfort, safety or welfare of any
persons or precludes their enjoyment of property or affects their property
value.
g.
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Nighttime Prohibition. Operation of any such set, instrument, machine, or
other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner
as to be plainly audible at the property line of the structure or building in
which it is located, in the hallway or apartment adjacent, or at a distance of
50 feet if the source is located outside a structure or building shall be prima
facie evidence of a violation of this section.
Participation in Noisy Parties or Gatherings. No person shall participate in any party
or other gathering of people giving rise to noise, unreasonably disturbing the peace,
quiet, or repose of another person. When a police officer determines that a gathering
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is creating such a noise disturbance, the officer may order all persons present, other
than the owner or tenant of the premises where the disturbance is occurring, to
disperse immediately. No person shall refuse to leave after being ordered by a police
officer to do so. Every owner or tenant of such premises who has knowledge of the
disturbance shall make every reasonable effort to see that the disturbance is stopped.
Loudspeakers, Amplifiers for Advertising, Etc. No person shall operate or permit
the use or operation of any loudspeaker, sound amplifier, or other device for the
production or reproduction of sound on a street or other public place for the purpose
of commercial advertising or attracting the attention of the public to any commercial
establishment or vehicle, without a written permit from the City. Application shall
be made on forms provided by the City. The application shall require the hours and
location of the proposed use. If the proposed use complies with this Article and
other ordinances, the permit shall be granted. Permit fees shall be established by
resolution of the City Council.
Animals. No person shall keep any animal that unreasonably disturbs the comfort or
repose of any person by its frequent or continued noise. For purposes of this
subdivision, "disturbs the comfort or repose of any person by its frequent or
continued noise" means any one of the following:
The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can
be heard from a location outside the building and premises where the animal
is being kept, and the animal has made such noises intermittently for more
than three (3) minutes; or
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The animal noise can be heard five hundred (500) feet fi'om the location of
the building and Premises where the animal is being kept, and the animal has
made such noises intermittently for more than three (3) minutes; or
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The animal noise can be heard from a location outside the building and
premises where the animal is being kept, and the animal has made such
noises intermittently for a period of at least five (5) minutes.
Schools, Churches, Hospitals, Etc. No person shall create any excessive noise on a
street, alley, or public grounds adjacent to any school, institution of learning, church,
hospital or home for the elderly when the noise unreasonably interferes with the
working of the institution or disturbs or unduly annoys its occupants or residents and
when conspicuous signs indicate the presence of such institution.
See. 13-52. HOURLY RESTRICTION ON CERTAIN OPERATIONS.
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Recreational Vehicles and Snowmobiles. No person shall, between the hours of
10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational
vehicle not licensed for travel on public highways.
Domestic Power Equipment. No person shall operate a power lawn mower, power
hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or
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other similar domestic power maintenance equipment except between the hours of
7:00 a.m. and 10:00 p.m.
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Refuse Hauling and Recycling Collection. No person shall collect or remove
garbage or refuse or collect designated recyclables in any residential district except
between the hours of 7:00 a.m. and 10:00 p.m.
d,
Construction, Maintenance and Repair Activities. No person shall engage in or
permit construction, maintenance and repair activities involving the use of any kind
of electric, diesel or gas-powered motor vehicle or machine or other power
equipment except between the hours of 7:00 a.m. and 10:00 p.m.
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Exceptions. The following uses and activities are exempt from this Section as
specified below:
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Snow removal motor vehicles, equipment and operations are exempt from §
13-52(b) and §13-52(d).
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Excavation/grading operations are exempt from § 13-52(d), but must comply
with § 7-45.
3. Outdoor recreational uses are exempt from § 13-52(b) and § 13-52(d).
Sec. 13-53. RECEIVING LAND USE STANDARDS.
a,
MaximumNoise Levels by Receiving Land Use Districts. No person shall operate
or cause or permit to be operated any source of noise in such a manner as to create a
noise level exceeding the limit set in Table I for the receiving land use category
specified when measured at a point of normal human activity of the receiving land
use.
TABLE I. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS
Land Use Districts Day Night
7:00 a.m. - 10:00 p.m. 10:00 p.m. - 7'00 a.m.
L10 L50 L10 L50
Residential 65 60 55 50
Commercial 70 65 70 65
Industrial 80 75 80 75
b,
Exemptions. The levels prescribed in Paragraph (a) do not apply to noise originating
on public streets and alleys but such noise shall be subject to other applicable
sections of this Article.
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Sec. 13-54. AIR CIRCULATION DEVICES. No person shall permanently install or place
any air circulation device, except a window air conditioning unit, in any outdoor location until the
Department of Community Development determines that the device in that location will comply
with the noise level standards prescribed in Section 13-53 and issues a permit for the installation.
The noise produced by any window unit and by any existing air circulation device shall be
attenuated by means deemed appropriate by the Department of Community Development,
including, but not limited to, relocation of such device, if the noise results in or contributes to a
violation of Section 13-53.
Sec. 13-55. EXEMPTION FOR EMERGENCY WORK. Noise created exclusively in the
performance of emergency work to preserve the public health, safety, or welfare necessary to
restore a public service or eliminate a public hazard shall be exempt from the provisions of this
Article for a period not to exceed 24 hours after the work is commenced. The Department of Public
Safety may grant an extension of the 24 hour exemption as it deems appropriate. Persons
responsible for such work shall inform the Department of Public Safety of the need to initiate such
work or, if the work is commenced during nonbusiness hours of the City, at the beginning of the
first business day thereafter. Any person responsible for such emergency work shall take all
reasonable actions to minimize the amount of noise.
Sec. 13-56. POWERS AND DUTIES OF THE DEPARTMENT OF COMMUNITY
DEVELOPMENT.
Administering Officer. The noise Control program established by this Article shall
be administered by the Department of Community Development.
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Testing Procedures. The Department of Community Development shall adopt
guidelines establishing the test procedures and instrumentation to be used in
enforcing the provisions of Section 13-53 imposing noise standards. A copy of such
guidelines shall be kept on file in the office of the Department of Community
Development and shall be available to the public for reference during office hours.
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Sound Source Control Plan. The Department of Safety may, at the request of the
Department of Community Development, review a sound source control plan. If
requested, the Department of Public Safety shall evaluate the plan and make
appropriate recommendations to the City Council or the Department of Community
Development. Any violation of an approved sound source control plan is a violation
of this Article.
d,
Other Powers and Duties. The Department of Community Development shall
exercise such other powers and perform such other duties as are reasonable and
necessary to enforce this Article.
Sec. 13-57. VARIANCES.
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Authority. The Zoning Administrator shall have authority, consistent with this
section, to grant exceptions from the requirements of Section 13-52 and Section 13-
53.
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Application. It is recognized that under certain circumstances it would be impossible
for a noise source to comply with the provisions of Section 13-52 or Section 13-53 of
this Article due to economic or technological reasons. In cases such as this,
application for an exception may be made in writing to the Department of
Community Development. The application shall contain the following pertinent
information:
1. Legal description of property;
2. Dates of exception requested;
3. Location of particular noise source and times of operation;
4. Equipment involved;
5. Necessity for request of exception;
6. Steps taken to minimize noise level from source;
7. Names of responsible persons; and
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List of property owners within two hundred (200) feet of the subject property
in a format prescribed by the Zoning Administrator (only if exception is for
more than 3 days).
If the exception is for more than 3 days, the Department of Community
Development shall give notice of the request as provided herein. Notice of
the request for an exception shall consist of a legal property description,
description of request for exception and map detailing property location, and
be published in the official newspaper at least twenty (20) days prior to a
decision on the request, and written notice shall be mailed at least twenty (20)
days prior to a decision on the request to all owners of land within two
hundred (200) feet of the boundary of the property in question. Applications
will be reviewed by the Zoning Administrator and a decision to approve or
deny the exception will be made in writing to the responsible persons within
30 days of publication of the notice. Any person choosing to comment on the
exception may do so in writing within 20 days of mailing of the notice.
Action on Application. The exception may be approved only if the Zoning
Administrator finds that full compliance with the requirements of the ordinance
would constitute an unreasonable hardship on the applicant, on other persons, or on
the community. In determining whether to grant or deny the application, the Zoning
Administrator shall balance the hardship to the applicant against the adverse impact
on the health, safety, and welfare of the persons affected, the adverse impact on
property affected, and any other adverse effects of granting the exception. The
exception may be granted subject to conditions, including a time limit, which shall
be clearly stated. Mailed notice of the decision shall be made within five (5) days to
all persons who commented in writing on the application.
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Appeals. The decision made by the Zoning Administrator concerning the exception
request may be appealed to the City Council within ten days after the Zoning
Administrator's written decision. The appeal shall be filed in writing with the City
Clerk who shall schedule a date before the City Council as soon as possible. The
person appealing the decision shall file with the City Clerk a Notice of Appeal
specifying the grounds upon which the appeal is based. Mailed notice of the City
Council date shall be made to the applicant, and to any. person who filed a Notice of
Appeal.
Sec. 13-58. ENFORCEMENT.
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Notice of Certain Violations. When the Department of Community Development
determines that a noise exceeds the maximum sound level permitted under Section
13-53, written notice of the violation shall be given to the owner or occupant of the
premises where the noise originates and such person shall be ordered to correct or
remove each specified violation within such reasonable time as is prescribed in the
notice. The failure to remove or correct any such violation within the time so
prescribed constitutes a violation of this Article.
Civil Remedies. This Article may be enforced by injunction, action for abatement,
or other appropriate civil remedy.
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Criminal Penalties. Any violation of this Article involving the operation of a motor
vehicle, other than a violation of Section 13-51 (c), which occurs in a motor vehicle,
is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine
not to exceed $300.00. Every person who violates any other provision of this
ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a 'fine
of not more than $1,000.00 or imprisonment for a term not more than 90 days, or
both. In all cases the city shall be entitled to collect its costs of prosecution,
including reasonable attorneys' fees. Each act of violation and each day a violation
occurs or continues, constitutes a separate offense.
Sec. 13-59. SEVERABILITY. If any provision of this Article or the application of any
provision to a particular situation is held to be invalid by a court of competent jurisdiction, the
remaining portions of the Article and the application of the Article to any other situation shall not be
invalidated.
SECTION 2. Repealer. The Chanhassen City Code is amended by repealing Sec. 13-
02(c)(22), General Prohibitions, and Sec. 13-02(c)(23), Hourly Restrictions on Certain Operations,
in their entirety.
SECTION 3. Section 20-951 of the Chanhassen City Code is amended to read:
20-951. NOISE. Noises emanating from any use shall not be a nuisance, and shall be
in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulations NCP 7010. In no case shall noise emanations violate Chapter 13, Article V, of the City
Code.
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SECTION 4. Chapter 20, Article XXIII, Division 2, Performance Standards, of the
Chanhassen City Code, is amended by adding a new Section 20-950 to read:
Section 20-950. SOUND SOURCE CONTROL PLAN. The Department of Community
Development may require sound source control plans in association with, but not limited to,
changes in zoning classifications; issuance of conditional or interim use permits, site plan review,
the planning of a structure; or any operation, process, installation, or alteration which may be
considered as a potential noise source.
SECTION 5. Chapter 20, Article I, of the Chanhassen City Code, is amended by adding a
new definition to read:
Sound Source Control Plan. A plan that identifies any potential noise source which may
occur in connection with a request for zoning approval, including specific actions that will
successfully mitigate the potential undesirable effects of the noise source.
SECTION 6. Effective Date. This ordinance shall be effective immediately upon its
passage.
ADOPTED by the Chanhassen City Council this
day of
,2001.
Linda C. Jansen, Mayor
ATTEST:
Scott Botcher, City Manager
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MEMORANDUM
To: Planning Commission
From: Lori Haak, Water Resources Coordinator
Date: January 31, 2001
Re: Phosphorus-Free Fertilizer Ordinance
PURPOSE
The Planning Commission requested staff explore the feasibility of a phosphorus-free
fertilizer ordinance for the City of Chanhassen. The following report is a summary of
staff research on this topic. Staff is seeking guidance on whether to draft a phosphorus-
free fertilizer ordinance for the City.
BACKGROUND
For decades, scientists have associated the use of fertilizers with a decrease in water
quality. Most fertilizers contain 3 primary nutrients utilized by plants: nitrogen (N),
phosphorus (P) and potassium (K). While each of these nutrients, if present in large
quantities, can be detrimental to aquatic systems, phosphorus receives the most attention
from scientists and other water resource professionals, especially in the Midwest. This is
because, in a water body with good water quality, phosphorus is in short supply relative
to nitrogen and potassium. In these situations, phosphorus supplies are exhausted first.
This limits aquatic plant growth. Where phosphorus is available in abundance, aquatic
plants grow quickly until something else becomes limiting (e.g., another nutrient, space,
light).
If the phosphorus applied to lawns in the form of fertilizers is not used by plants or does
not adhere to soil particles, it is washed away and can flow overland into ponds, creeks,
wetlands and lakes. Sometimes fertilizer is spilled on impervious surfaces (driveways,
sidewalks, roadways) and swept away by rains into storm sewers. Some people also
dispose of fertilizer by pouring it directly into storm sewers.
it is a common misconception that storm sewers are routed to wastewater treatment
plants. Nothing that enters a storm sewer is treated to that extent. The storm water may
spend some time in a waier quality pond, but this does not remove all the nutrients. The
nutrients that are not removed go directly to natural water bodies like lakes, ponds and
wetlands.
The real problem is not phosphorus itself; it is that phosphorus is algae's favorite
nutrient. When phosphorus enters a water body, the algae in that water body grow very
quickly. The algae form green or brown mats on the surface of the water. As algae dies,
it begins to decompose. The decaying algae emit a foul odor and the decomposition
process uses dissolved oxygen from the water. This lack of dissolved oxygen can kill off
desirable fish (game fish like walleye, bass and northern), leaving only fish that are able
to survive in low oxygen environments (rough fish like carp and bullheads). When algae
become abundant, they block sunlight from reaching other aquatic plants. Without light,
the plants cannot make food through photosynthesis.
Most of the soils in Chanhassen are naturally high in phosphorus. This means that most
lawns do not need fertilizer with phosphorus to stay healthy and green. Many
Chanhassen residents do not know this, so they apply a fertilizer with phosphorus at least
once a year. Many people also fall victim to the "more is better" theory of lawn care.
This leads them to apply more fertilizer than necessary in hopes of attaining a beautiful
lawn.
WHY IS PHOSPHORUS A PROBLEM?
High phosphorus levels are a concern for the City for several reasons:
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People who live near Chanhassen's water bodies have certain expectations of how the
water body will look and smell (or not smell). If algae populations in a water body
are high, chances are good that residents will not be pleased. City staff gets many
calls each year about the aesthetics of ponds, creeks, wetlands and lakes. These calls
have the potential to consume a large amount of staff time. Therefore, if this problem
can be remedied, both citizens and staff would benefit.
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Algae blooms can be indicators of water bodies that are in poor health. In addition to
dwindling fish populations (as mentioned earlier), algae may also cause diminished
water clarity. This affects the ability of light to penetrate water and reach aquatic
plants (macrophytes). Macrophyte populations then decrease because they do not
have enough light to make food through photosynthesis. Since dissolved oxygen is a
byproduct of photosynthesis, no photosynthesis means even less oxygen for fish. It's
a vicious cycle. Chanhassen has a long history of clean lakes. Protecting and
improving water quality will enrich Chanhassen's biological, social and economic
environments.
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High phosphorus levels lead to more algae, which leads to more dead algae in ponds,
which leads to more material in outlet structures and ponds, which results in
decreased storm water pond capacity. Since storm water ponds need a certain
capacity to fulfill their water quality and quantity functions, the City must make sure
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the ponds can handle that capacity. With more material in the ponds, the City must
maintain ponds more frequently. The City is responsible for maintaining most of the
storm water ponds in Chanhassen. More frequent pond maintenance can represent a
significant cost to the City.
WHAT IS BEING DONE ELSEWHERE?
Ordinances
Several cities in the metro area have adopted ordinances that ban the use or sale of
fertilizers with phosphorus by residents or lawn care businesses. Frequently, such an
ordinance includes a licensure program for commercial fertilizer applicators and utilizes a
"point of sale" education program (information on phosphorus-free fertilizers is posted
wherever fertilizer is sold). The cities with phosphorus-free fertilizer ordinances include
Eagan, Eden Prairie, Golden Valley, Plymouth and Roseville. Shorewood and Tonka
Bay have considered ordinances, but have not yet adopted them. Attached are copies of
the Plymouth and Eden Prairie ordinances.
Chanhassen city staff conducted brief surveys of staff in the five cities with phosphorus-
fi'ee fertilizer ordinances. The purpose of the survey was to identify potential problems
and successes related to ordinance implementation. Educating the public and commercial
applicators about phosphorus-free fertilizers is one of the biggest challenges faced by
these communities. Other challenges include' working with retail stores to provide the
right products, getting all commercial applicators to become licensed and ordinance
enforcement. The biggest accomplishment of these ordinances was an increased
education about phosphorus and a greater public awareness of storm water issues. Each
of the ordinances was adopted in the last 5 years, so there is limited evidence of actual
aesthetic or water quality improvements.
Carver County has also been working on creating a total phosphorus ban in Carver
County. During 2000, the County was looking for the City to take the lead by passing a
phosphorus-free fertilizer ordinance. Staff will continue to be involved in the County's
efforts and will update the Planning Commission as necessary.
Street Sweeping
Studies done at the University of Minnesota and elsewhere suggest that fertilizers with
phosphorus are not the largest source of phosphorus in urban water bodies. These studies
have found that decaying organic matter (leaves, grass clippings and the like) are likely to
contribute far more phosphorus to aquatic systems. This being the case, several
municipalities have chosen to make a more concerted effort at sweeping organic debris
off streets in the fall, when organic debris is most common. Currently, the City sweeps
its streets early in the spring to pick up sand and salt from the roads before it washes into
the storm sewers. The City does not sweep its streets in the fall.
Education
Phosphorus-free fertilizer education programs can be done in conjunction with other
methods of phosphorus control or as stand-alone programs. While educational programs
can be effective, they often have little impact until the subject matter impacts people
directly. The City currently has several videos that could be used in an educational
program, as well as a number of printed materials that could be ordered as they are or
customized to fit Chanhassen's needs. Attached are several examples of printed
materials that could be used.
Legislation
The Minnesota House and Senate heard bills (HF 3582/SF 3513) in February 2000 that
addressed the use of fertilizers containing phosphorus in the seven-county metropolitan
area. The House referred the bill to the Committee on Agriculture Policy and the Senate
referred its version to the Agriculture and Rural Development Committee. It is unclear
whether the bills have support in the House and Senate. Staff will continue to monitor
the progress of this of legislation. Attached is a copy of the House's research bill
summary.
Barley Straw
A relatively new approach to controlling algae involves the use of barley straw. Loose
bales of straw are placed near the edge of lakes or ponds so most of the bale is
submerged, but portion of the bale is exposed. The interface between the water's surface
and the bale allows decomposition to begin. As the barley decomposes, the byproducts
inhibit the growth of new algae cells. Because barley straw is relatively inexpensive
(where available) and only 2 bales of straw are needed per acre of water, treating storm
water ponds and smaller lakes may be possible. Attached is an article that explains this
method in greater detail. It should be noted that, while this method may address aesthetic
concerns, it does not address the cause of the problem.
Erosion Control
Since phosphorus adheres to soil particles, one way to control the amount of phosphorus
in a system is to control erosion of soil into watercourses and water bodies. The City has
an erosion control program in place (Chanhassen City Code Section 20-94, page 1167).
Maintaining a highly effective erosion control program will not only limit the amount of
phosphorus entering the system, but also reduce sediment-related maintenance costs.
Storm Water Pond Maintenance
The City contains many water quality ponds designed to improve the quality of storm
water that runs off impervious surfaces. Improving water quality includes the removal of
both sediment and nutrients, like phosphorus, from storm water. The ponds are designed
to catch water from impervious surfaces and detain it for a period of time. This detention
slows the water and allows particles to settle to the bottom of the pond. This keeps the
particles within the pond, not flowing downstream. Since phosphorus adheres to soil
particles, some particles pick up dissolved phosphorus as they descend through the water
column. As a pond captures more and more sediment, its effectiveness decreases.
(Water flows through the pond more quickly and less sediment settles out.) By keeping-
up with pond maintenance, the City will ensure the ponds are achieving the water quality
goals for which they were designed.
,41umin um Sulfate Treatments
Aluminum sulfate (alum) has been used for many years as a way to remove phosphorus
from water bodies. In fact, the City used alum as a part of its lake management strategy
to improve water quality in Lake Susan in 1998. Liquid alum is applied by a professional
applicator in controlled quantities to the surface of a lake or pond. As the alum descends
through the basin, it binds with dissolved phosphorus, removing it from the water. The
compound reaches the bottom of the basin and covers the sediment. This layer of alum
prevents phosphorus in the sediment from becoming re-suspended in the water column.
It should be noted that, while this method may address aesthetic concerns, it does not
address the cause of the problem.
ISSUES
Staff has identified the following issues that relate to the feasibility of a phosphorus-free
fertilizer ordinance:
1. The main source of phosphorus in Chanhassen's water bodies may not be fertilizers;
2. By the time the City writes and adopts an ordinance, the State of Minnesota may have
already passed a law' with the same or similar objectives;
3. Enforcement of phosphorus-free fertilizer ordinances is difficult;
4. Educating the public about the role of phosphorus and about any ordinance passed
will be challenging;
o
An organized fall street sweeping effort would involve less education and
enforcement than an ordinance, but would probably cost more in terms of equipment
and staff time;
,
An organized fall street sweeping effort may be more effective than an phosphorus-
free fertilizer ordinance in reducing the amount of phosphorus entering Chanhassen's
water bodies; and
,
Research has shown that "lake response to phosphorus reductions will be about an
order-of-magnitude less than the reduction in phosphorus from runoff. In other
words, if the annual phosphorus input is reduced 50%, we should plan on only a 5%
decrease in lake phosphoruswa level not normally perceptible" (Dick Osgood in
Lakeline, Final Issue 1999). In other words, you don't get a lot of"bang" for your
buck (especially in larger water bodies like lakes)--regardless of the method used.
Despite the above issues, the implementation of a phosphorus-free fertilizer ordinance
may allow the City to educate its residents about phosphorus in storm water, as well as
other issues related to storm water. This may be reason enough to justify the
development and implementation of such an ordinance.
TIMELINE
If the Planning Commission directs staff to develop a phosphorus-free fertilizer
ordinance, a draft ordinance could be complete as early as April 1,2001. After the draft
ordinance is developed, staff would begin designing the educational and licensing
programs. Staff would also hold several workshops for residents, business owners and
commercial fertilizer applicators to provide opportunities for public education. Staff
anticipates that the ordinance could be implemented by September 2000.
ATTACHMENTS
1. Plymouth City Code Section 1170
2. City of Eden Prairie City Code Section 5.45
3. City of Eden Prairie City Code Section 9.14
4. "Spring Cleaning To Protect Our Lakes, Ponds and Rivers"
5. "Summer in Minnesota... What Could be Finer?"
6. "Farm Pond Algae Control With Barley Straw"
7. House Research Bill Summary for H.F. 3582
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1/23/2001
CITY OF CHANHASSEN
RESIDENTIAL BUILDING PERMITS ISSUED
Single Town Total
Year Family Duplex Houses Apa~ments Dwelling
1980 41 18 40 99
1981 22 2 24
1982 19 2 21
1983 60 8 36 104
1984 108 34 24 166
1985 189 38 20 18 265
1986 246 8 8 262
1987 289 2 32 323
1988 352 26 34 412
1989 307 14 62 383
1990 197 197
1991 191 191
1992 228 228
1993 251 16 267
1994 269 110 379
-
1995 216 197 65 478
1996 170 37 207
1997 177 97 274
1998 263 162 425
1999 187 88 277
2000 124 34 162 320
Source: City of 6hanhassen Planning Department, January 2001
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Villages on the Ponds
Traffic Generation Analy sis
1/12/2001
Units or
Land Use Square Feet
Americl nn 70
All Suites 30
subtotal 100
A.M. A.M. P.M. P.M.
Rate Trips Rate Trips
0.56 39 0.57 40
4.76 143 4.44 133
182 173
Weekday
Rate
7.27
6.24
Weekday
Trips
509
187
696
Lake Susan Apadment Homes 162 0.56 91 0.67 109 6.63 1,074
Future Apartments SE 40 0.56 22 0.67 27 6.63 265
Future Apartments NE 40 0.56 22 0.67 27 6.63 265
Presbyterian Homes 106 0.15 16 0.21 22 2.15 ' 228
Assisted Living Facilty 60 0.12 7 0.36 22 2.61 ' 157
subtotal 408 159 206 1,989
5.57
14.62
0.6
2.8
43
77
121
28
148
177
9.02
19.38
0.4
2.5
70
103
173
19
133
151
Houlihans 7,743
Restaurant (high turnover) 5,300
subtotal 13,043
89.95
130.34
St. Huberts Church 47,000
St. Huberts School 53,000
subtotal 100,000
696
691
1,387
423
583
1,006
Building 4 15,000 6.41 96 4.93 74 40.67 610
Bokoo Bikes 6,000 6.41 38 4.93 30 40.67 244
Retail NW 17,000 6.41 109 4.93 84 40.67 691
Retail NE 33,406 6.41 214 4.93 165 40.67 1,359
Retail NE 30,000 6.41 192 4.93 148 40.67 1,220
Retail SW 9,000 6.41 58 4.93 44 40.67 366
Retail SE 6,000 6.41 38 4.93 30 40.67 244
subtotal 116,406 746 574 4,734
Foss Swim School 9,800 2.68 26 2.26 22 22.88 224
Bokoo Office 1,000 1.56 2 1.46 I 11.01 11
Off~ce NW 21,000 1.56 33 1.46 31 11.01 231
Office NE 13,717 1.56 21 1.46 20 11.01 151
Building 17 30,000 1.56 47 1.46 44 11.01 330
")¢ Future Bank 4,410 35.18 155 51.23 226 265.21 1,170
subtotal 79,927 284 344 2,117
1,621
1,490
131
1,668
TOTALS
Square Feet Office/Retail 209,376
Original EAW Analysis
Change from Original Analy sis
1,520
148
11,930
14,830
(2,900)
Parking
Required
88
38
125
284
60
6O
106
42
552
155
106
261
235
30
265
75
3O
85
167
150
45
3O
582
36O
2,144
2,192
(48)
Parking
Proposed
2,142
2,192
(50)
g:\plan\bg\villages trip generation analy sis