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6b Proposed Lakeshore Setbacks CITYOI 690 CiO, Ce, ret Drive PO Box 147 Cha,hasse,. Mi, nesota 55317 aholle 952.937.1900 Ge,~'al Fax 952. 937. 5739 EngineerS~g Depar~nent F~ 952.93Z9152 Bui~ing Depamnent F~ 952.934.2524 ~b Site wwmci, cha,hasse,.m,.,s MEMORANDUM TO: FROM: Kathryn Aanenson, CogmauniD, Development Director Lori Haak, Water Resources Coordinator. DATE: March 27, 2001 SUB J: Proposed Lakeshore Setback Regulations BACKGROUND In February 1999, an issue paper was submitted to the Planning Commission regarding view protection ordinances (Attachment 1). The paper was wri~en in response to a resident's concerns that the development of property adjacent to theirs would block their lake vieWs. The paper sUinmarized research done by City staff On view protection ordinances in the Twin-Cities Metro Area (TCMA) and around the country. . Staff found that view prot¢Ctipn ordinances are employed primarily N areas where..significant natural or historical features exist (i.e., the Western United States). Few view protection ordinances exist within the TCMA. Stfingent~viev:) protection ordinances that are not Subject to thorough legal research and criticism can result in an upwelling of taNngs arguments. These regulations are cm~ently under examination by City Council, Plmming Commission and City, staff because administration of the existing standard is difficult. City staff is requesting that changes be made to the standard in order to clarify the administrative process and reduce the amount of time spent on projects with potential view protection issues. NEED The City adopted a setback requirement intended to protect lake views; however, the standard is difficult to administer. Section 20-481 (Attachment 2) states: "When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure." ~e City of Chanhassen. A ~rowi,~ comm,,it~, w/dj c/ea, lakes, aua/in, schools, a c/~armi,¢ dow, town. thridn~ bud,essa, and beautiful oar~,s. A .~reat dace to Planning Commission March 27, 2001 Page 2 Staff has employed two methods to determine setbacks for lakeshore lots under this portion of the Code. Using the first method, the setbacks of structures on lots on either side, where they exist, are averaged and the proposed structure is required to meet that setback (Figure 1). . ,. 60 ~ $0 In cases where the Shoreline is not straight along the ttn'ee properties, it is not always reasonable to require the proposed structure to meet the average setback (Figure 2). Often, it is more reasonable to draw a line between the rearmost points of structures on adjacent lots and require the proposed structure to meet that setback (Figure 3). Planning Commission March 27, 2001 Page 3 Using either method, the inclusion of existing structures that are set back several hundred feet on very deep properties skews the results. The skewed mathematical average or line drawn often makes a lot unbuildable if a variance is not granted. Recently, a number of applicants have requested variances from this standard. In order to reduce the amount of time spent by the City Council, Planning Commission and City staff on this issue and to streamline the process for applicants, it .is prudent to examine the cmTent standard and whether it can be revised to reduce the number of variances, ANALYSIS Staff has identified four options for addressing view protection. They are listed below. The first three options assume that owners of existing properties are entitled to views that are wider than the lot they own. The fourth option assumes that owners of existing properties are entitled to views only as wide as the property they own. Option 1: AdoPt a 45-Degree Sight Line Requirement Under this option, proposed structures would be required to demonstrate that a 45-degree sight line would be preserved fi'om the rearmost corners of either existing structures or 60-foot by 60-foot building pads on each side (Figure 4). \ /, GO,~ &o L AK~ \\ Staff did not find any municipalities that employ this approach to view protection. However, Chanhassen used a similar criterion for the Minnewashta Landings subdivision (see Example 1 below). Option 2: Adopt Minnetrista's Standards Minnetrista's standards (Attachment 3) set forth three criteria for lakeshore setbacks, the greatest of which determines the setback for a particular lot. This standard eliminates one problem by stating that, if the adjacent riparian principal structures are greater than 200 feet from the structure in question, the standard does not apply. However, since the greatest of the three criteria determines the setback, it appears these standards would result in problems similar to those currently experienced by the City. Plarming Commission March 27,2001 Page 4 Option 3: Make No Changes to City Code This optiori would leave the City Code as is. As stated in the "Need" portion of this memorandum, the current code does not prescribe a method for dete~xnining setbacks. In addition, it does not account for structures on adjacent properties that are set back much . further than required by the City. Optio~ 4: Eliminate Current View Protection Standards Removing current view protection standards would be the least restrictive approach to this issue. It would also require the least amount of City Council, Plamfing Commission and staff time. Cun'ent setbacks (side yard, lakeshore, etc.) and building size restrictions (height, impervious surface, etc.) would still regulate the placement and bulk of structures on lakeshore lots. However, there would be no requirement in the Code that deals with ¥iew protection. Again, this option assumes that a property owner is only entitled to a view as wide as the lakeshore that they own. (For example, if a property owner owns 90 feet of lakeshore, he or she is entitled to a 90-foot wide view of the lake.) EXAMPLES FollOwing are two examples of instances where view protection has been considered. (A map of the properties where development or redevelopment of parcels could lead to view protection issues will be available at the meeting.) Example 1: Minnewashta Landings Subdivision (Attachment 4) This subdivision is located along the norfhwest shore of Lake Mirmewashta. A condition was included in the final plat approval'(June 13, '1994) that states: "The developer shall work to achieve a 45 degree view lake [sic] from the center of the [existing home to the east]." This condition appears to work well with the structures shown on the plan. If the rear of the structure to the east was oriented more to the west, the condition would be more burdensome on the owner of the infill lot. Additionally, if the structure to the east was placed further north on the lot, a 45 degree angle would be more burdensome. If the structure to the east was placed differently on the lot, the setback requirement for the proposed structure could far exceed the depth of the infill lot. Therefore, this illustration shows the potential for a setback requirement that exceeds the depth of the proposed lot if a line is drawn or the mathematical average is used. Example 2: lJZhitetail Cove (Attachment 5) This subdivision is located along the northern shore of Lake Lucy. Lot 6, Block 2 is a 2.33-acre lot adjacent to the lake. It is a unique lot in that there is wetland on both the north and south sides of the buildable area. A buildable area (outside of the wetland buffers and required setbacks) was approved with the subdivision. However, the buildable area is significantly closer to the lake than structures on the properties on either side. (Currently, no structures exist on Lot 6, Block 2.) Staff has seen concept plans of the subdivision of Lot 6 into 2 lots. In order to meet ordinance requirements, the Planning Commission March 27, 2001 Page 5 applicant would have to receive variances from the view protection standard in City's lakeshore setback ordinance, even though both building pads would be placed in the buildable a?ea approved with the original subdivision. Additionally, in this situation, the orientation of the homes protects views. The structure on the lot west of the proposed structures will not have views of the proposed structures, regardless of where they are placed. (Once again, because the existing structure to the east is on a lot more than twice as deep as the lot containing the proposed structures, there is the potential for a setback requirement that exceeds the depth of the proposed lot if a line is drawn or the mathematical average is used.) SUMMARY In short, staff recommends the elimination of cmxent view protection standards for several reasons' 1. The number of lots where vieW protection issues may arise is small when compared to the total number of lots in Chanhassen; 2. The current standard is difficult to administer; 3. If a property owner is required to accommodate others' views across his or her property, the requirements may infringe on the proPerty owners' rights to reasonable use of his or her property. This could result in a takings issue; and 4. Cooperation between the applicant, adjacent property owners and the City with regard to 'home orientatiOn, screening vegetation and other factors often results in suitable resolutions to view protection issues. This dramatically reduces the amount of time spent by City Council, Planning commission and staff on view protection issues. RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council approve the following motion: "Section 20-481 shall be modified to read: ' Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows' Plalming Colnmission March 27, 2001 Page 6 Classes of Public Waters Structures Unse;vered Structures Sewered Sewage Treatment System LAKES Natural environment Recreational development RIVERS 150 150 150 100 75 75 Agricultural and 100 50 tributary 75 When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure. One (1) water-oriented accessory structure designed in accordance with section 20~ 482(e)(2)(b) of this mxicle 1nay be setback a minimum distance of ten (10) feet fi'om the ordinary high water level. ATTACHMENTS: 1. View'Protection Ordinances Issue Paper, February 10. 1999 2. Chanhassen City Code, Section 20-481 - 3. City ofMi~metrista Cun'ent Standards 4. Mim~ewashta Landings Subdivision example 5. Whitetail Cove example Planning Commission March 27, 2001 Page 7 CITY OF MINNETRISTA Current Standards Following is the language from the City of M'.mnetrista's web site regarding lakeshore setback regulations: . P2. What are the Lakeshore setback regulations? No principal structure or building addition shall be located closer to the ordinary high water mark than the greater of: a) Seventy-five (75)feet in all zoning districts except R2DB where the setback diminishes to fifiy (50)feet, or b) A line which is drawn between the two closes riparian principal structures on either side (at the forward most protrusion* toward the wate~-9 o fa proposed building addition or new structure, or c) The average setback of the two adjacent, rcarian, principal structures on either side ora proposed building addition or new structure. For purposes of calculating the average, begin measuring at the forward most protrusion (toward the water).. *protrusion shall include any part of the principal structure, such as decks, part of the dwelling unit, POrches, etc. Prot~'usion shall not include slabs, detached buildings, detached garages, etc. ~ For purposes of applying subsection b and c, if the adjaCent riparian principal structures are greater than 200 feet fi'o~ the structure in question, .these sections shall not apply. u'wu', cl. m innetrisla, mn. us/web_txt/planfaq, btm CITYOF CHANH I N MEMORANDUM TO: Planning Commission FROM: Cynthia Kirchoff, Planner I DATE: February l 0, 1999 RE: View Protection Ordinances - Issue Paper BACKGROUND In response to a resident's concern that a neighbor's garage addition will destroy a lake view, staff has researched vie-,,`, protection ordinances. The information in this paper was obtained from the American Planning Association (APA) and local communities. The APA indicated that their information on the subject was lilnited. Based on the information received, view protection ordinances seem to be prevalent in the Western U.S. This can probably be attributed to higher property values and a greater number of significant natural features. This paper ,,',,ill attempt to provide an overview of view protection ordinances by reviewing terminology,-analyzing ordinances from California, Colorado, Washington and sun'ounding lake shore communities and legal aspects of these types of ordinances. Staff seeks direction and feedback fi'om the Plarming Commission regarding the issue of view protection and a possible ordinance amendment. What is a View Protection Ordinance? In their broadest sense, view protection ordinances intend to protect property values by placing restrictions on development within a specified area of natural or historical features. These regulations may include placing a maximum height on structures and vegetation. TERMS The following are the most common terms associated with view protection ordinances. Bulk: The size of structures in relation to the lot area, structure height and setbacks. Planning Commission February 10, 1999 Page 2 Covenants: "A restriction on the use of land usually set forth in the deed." (The New Illustrated Book of Development Definitions) Height: "The vertical distance of a structure measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure." (The New Illustrated Book of Development Definitions) Scale: "The proportioned relationship of the size of parts to one another." (The New Illustrated Book of Development Definitions) Scenic Area: "An open area the natural features of which are visually significant or geologically or botanically unique." (The New Illustrated Book of Development Definitions) Scenic Easement: "An easement the purpose of which is to limit development in order to preserve a view or scenic area." (The New Illustrated Book of Development Definitions) View: Scenery as related to natural features. Vista: "A unique view to or from a particular point." (The New Illustrated Book of Development Definitions) ORDINANCES · Scenic Overlay District, Lake Elsinore, CA (Attachment 2) The Scenic Overlay District intends to protect and enhance high scenic values with the following development standards: con'idor planning, roadway design, lighting, utilities, grading, vegetation and signing. The purpose is to prese~we a sense of open space and important scenic and visual resources identified by the community. · Denver Mountain Viexv Ordinance (Building and Building Regulations)_(Attachment 3). The purpose of this ordinance is to protect and preserve panoramic mountain views andpublic places with overlay zoning. The height of the structure is limited to 5,434 feet above sea level within a certain area. Ultimately, the heieht of the structure is contingent upon its distance from the natural feature. This ordinance serves to protect the economic vitality and civic pride of the Denver area. · Tacoma View Sensitive Area Study This study focuses on view impairment and protection in Tacoma, WA. The impetus of the study was new construction that impacted a view of Puget Sound from some homes. The Plarming Commission February 10, 1999 Page 3 ultimate purpose is to "provide information and guidance for the implementation of the policies- and recommendations concerning views and view protection contained in city-wide plans...." Their neighborhood plans emphasize that views are an asset. It provides the best information on the subject and is fairly extensive. It intends to protect the aesthetic-and economic value of the - area for residents and visitors. Since the document is over 50 pages, staff will summarize the significant or interesting points. PURPOSES The study serves the following purposes' 1. Review existing policies and regulations pertaining to view protection; 2. Identify areas of the city that are view sensitive; 3. Identify causes of view impairment; and 4. Discuss alternatives to maintain, protect or enhance Views. VIEW IMPAIRMENT The study identifies the'tt~ree primary causes of view impairment as building heights, above ground utility lines and the groWth of vegetation. The study states that compatibility between existing and new structures can be attained by regulating height and size. The height of the new structures should be determined by existing structures. Hoxvever, a limit should be imposed. This limit should be the correct height to both protect views and allow a reasonable use of the property. The bulk and scale of the new structure should also be examined. The study states that above ground utility lines disrupt views and encourages the underground placement of utilities. It is noted that although trees are valued as a resource, they still may impair views. Selection of a location and appropriate type of species is recommended. VIEW BENEFITS This study also makes several assumptions about views. It states that the benefits of views are as follows' 1. Views contribute to the visual environment of the city by providing inspiring panoramic vistas and inducing distinctive architectural design. 2. Views also allow individuals to relate different areas of the city to each other in form and context. 3. Views contribute to the economic enviromnent by substantially emhancing property values. Planning Commission February 1 O, 1999 Page 4 . Views and vistas add to a community's sense of place and image which, in mm, has been shown to be important in contributing to the overall quality of life and to attracting new residents and businesses. - VIEWS SUBJECTIVITY The study states that views are subjective. "A view that is valued by one person may not be valued by another." There must be a balance between protecting and preserving natural scenery for economic and aesthetic reasons and allowing a reasonable use of the property. PRIVATE REGULATIONS Private protection tools provide protection for valuable views. These tools include private covenants and scenic easements. Private covenants govern a specific area such as-a subdivision. This is private agreement between the property owners and a home owners association. A scenic easement is also a private agreement, however, it only applies to one lot. _ STUDY RECOMMENDATIONS The study makes the following recommendations to protect views from reSidential properties:- 1. Adopt additional view preservation policy city-wide; 2. Modify the method to measure the height of buildings to eliminate extra height allowances available to structures built with pitched roofs and to prohibit the artificial creation of grade to gain added height. 3. Lower the height limits for structures within view sensitive areas. 4. Adopt new policy to work toward undergrounding utility lines through a systematic program. 5. Adopt new policy governing the trimming and removal of trees and vegetation on public properties for view purposes. 6. Adopt a good neighbor policy to promote view preservation through private means. CITY OF CHANHASSEN ORDINANCES The City of Chanhassen has ordinances in place that protect views of natural features. Recently, an ordinance was adopted to protect the natural features of the Bluff Creek ColTidor. We have ordinances that regulate the height of residential structures (in shoreland) and setbacks from the lake on riparian lots. The subdivision ordinance requires that utilities-be placed underground in new subdivisions. Also, a proposed amendment to the Planned Unit Development (PUD) ordinance seeks to identify scenic views and vistas and develop specific criteria to protect and prese~we the features. · Minnesota Department of Natural Resources (DNR) Shoreland Management Program (Attachment 4) Plmming Commission February 10, 1999 Page 5 The MnDNR developed statewide standards that affect certain lakes (greater than 10 acres) and rivers (with a drainage area two square miles or greater. The standards regulate building heights and setbacks. The City adopted these standards in 1977. They are located in Article VII in the zoning ordinance. Section 20-481 (f) of the City Code states that all structures in residential districts shall not exceed 35 feet in height. This refers to all structures within the shoreland or 1,000 feet of the ordinary high water mark of the lake. This includes both riparian and non-riparian lots. The structure setback is 75-150 feet for recreational development and natural environment lakes, respectively (Section 20-481 [al). This setback is measured from the ordinary high water mark of the lake. The zoning ordinance also states that limited clearing, cutting, pruning and trimming of trees and sh~nnbs is allowed to provide a view. The clearing is limited to 30 feet or 30 percent of lot width, which ever is less (Section 20-482 [bi). In addition, both the subdivision and zoning ordinance prohibit clear cutting of property. · Lake Minnetonka-Area View Protection Ordinances Obviously the communities SmTounding Lake Minnetonka would have to comply with the statewide standards. Staff surveyed Lake Mim-~etonka-area communities to determine if they -adopted specific view protection ordinances. Even though Lake Mi~metonka is a significant scenic and visual resource to the western metropolitan area, view protection ordinances do. not exist. The following table expresses the additional regulations. TABLE 1 Lake Minnetonka-Area View Protection City ] Ordinance I Excelsior No view protection ordinance No view protection ordinance No view protection ordinance Conceptual viewshed protection ordinance No view protection ordinance No view protection ordinance No view protection ordinance Minnetonka Minnetrista Orono Shorewood Victoria Wayzata Comments Regulates fences that block a natural amenity (see Attachment 5) Line of site house placement Proposed amendment to include restrictions such as height limited to 30 feet; 15 percent structure coverage Clearcutting prohibited; No fences within lakeshore setback Requires CUP for shoreland development in PUD districts (see Attachment 5) Chanhassen No viexv protection ordinance PUD ordinance amendment; Bluff Creek Overlay District Require underground utilities Planning Commission February 10, 1999 Page 6 · Proposed Lake Shore Vie~v Protection Ordinance (Attachment 6) This ordinance was prepared by attorney Karen Marry on behalf of Mr. Bruce JohanSs°n. It intends to protect lake views by permitting a neighbor to object to new construction if it impacts more that one-half of a view. City staff performs a facilitation role between property owners. City Council may make final view obstruction decision. Views are subjective, therefore, the destruction of the lake view will be difficult to determine. Also, a standard of measurement would have to be developed to determine the loss of a view. One does not prohibit a property owner from utilizing the property to the extent permitted by ordinance based upon staff guessing the loss of a view by "squinting." The impacts of this ordinance are significant. A property owner living 600 feet from the lake with a slice ora view could object to the construction of an addition based upon the fact that property value maybe decreased. Does this also apply to vegetation growth? There is a reason that view protection ordinances are limited in numberl They are limited because the Constitution guarantees that a property Owner shall not be deprived of property rights. If property use is reduced or eliminated this constitutes a "taking." This means that if a home is designed within the parameters of the zoning ordinance (i.e.;-meets height, impervious surface, al! setbacks, etc.) staff must approve the building permit. If private deed restrictions exist in addition to the zoning ordinance, it is a possibility that construction could be halted. This ordinance aims to benefit a minority of property owners. Rather than adopting an additional restrictive ordinance, the City should encourage neighbors to solve disputes privately. · Proposed Amendment to Planned Unit Development Ordinance (Attachment 7) The proposed ordinance amendment seeks to preserve resource areas .including scenic views, natural habitat areas and historic areas, buildings or features through cluster development~. · Bluff Creek Overlay District (Attachment 8) This ordinance intends to minimize the impacts that development has on Bluff Creek and its tributaries. Ultimately, the overlay district seeks to blend development with the natural environment. The property identified in the overlay district is either in the primary or secondary zone. The primary zone is to be preserved as open space and the secondary zone has development limitations. Density is allowed to be transferred from the primary and secondary zones to land lying outside of the zones. This seeks to encourage cluster development of structures. Planning Commission February 1 O, 1999 Page 7 LEGAL ASPECTS OF VIEW PROTECTION ORDINANCES Many people assume that if they can see a natural feature from their property that they have a ;'right" to the view or that a vacant parcel should not be developed if they believe that it will obstruct their view. This is only true if the zoning ordinance specifically states that its purpose is to protect and preserve views or if private covenants prohibit obstructing views. Without an ordinance or a covenant a view is not protected. Since views are subjective, it is vel~ difficult to regulate their preservation. Some people may enjoy the view from their kitchen window of the hillside vistas or the forests and believe that it should not be developed because it will reduce their property value. The issue of a taking does becolne of foremost concern as view protection ordinances could deny a reasonable use of the property. If a property owner on a non-riparian lot objects to the construction of a home across the street on a riparian lot because it impairs their view of the lake, the non-riparian owner would have no legal recourse because they have "no right to a view." Should the structure meet all zoning requirements, the riparian property owner must be entitled to a reasonable use of the property. A fine example of"no right to a view" is the Lake Susan Hills subdivision that abuts Lake Susan. Many of the lots are defined as shoreland properties because they are within 1,000 feet of the lake, yet Lake Susan Hills Park exists between the private property and the lakeshore. A few property owners have removed trees in the park for a better view of the lake, when in fact they have no right to view the lake. ANALYSIS The local govenmmnt is permitted to regulate through its police powers. Police power is the authority to regulate activity to protect the health, safety and general welfare of the greater public. This power is expressed through zoning. Ultimately, the zoning ordinance was developed to protect the property value of the single family home. The comprehensive plan and zoning ordinance ensure that adjacent uses are compatible and that open space is maintained. The zoning ordinance regulates the use of the property, and the height and setback of structures to protect the conmmnity. The ordinances reviewed in this issue paper are all different. However, they all seek to protect natural features which contribute to the economic, aesthetic and civic vitality of the respective community. The proposed lake shore ordinance (Attachment 6) only seeks to protect the property value of random parcels. View protection ordinances that aim to protect a large natural feature (e.g., Rocky Mountains) or historic area such as the nation's capitol do perform a valuable function. However, ordinances that seek to protect a "subjective" view may constitute a taking ora property. Staff believes that the shoreland regulations offer sufficient protection for the protection of lake views. Protection Planning Commission Februmy 10, 1999 Page 8 of views should be incorporated at the preliminary development proposal, rather than retrofitting existing developments and potentially leading to a "taking" claim. Staff believes that a policy statement should be drafted which encourages view preservation through private means. RECOMMENDATION Staff seeks direction from the Planning Commission on this item. If it is requested, staff will prepare an ordinance and return it to the commission for review. ATTACHMENTS: 1. "View ProtectiOn,'' Aesthetics and Land Use Control (PAS Report #399) 2. Scenic Overlay District, Lake Elsinore, CA 3. Denver Mountain' View Ordinance 4. MnDNR Shoreland Management Program and City Ordinances 5. Lake Minnetonka-Area View Protection Ordinances 6. Lake Shore View Protection Ordinance prepared by Karen Many 7. Proposed PUD amendment 8. Bluff Creek Overlay District 9. "Obstruction of View," Neighbor Law g:\plan\ck\plan corem\view protection.doc Chapter 3. View Protection .Despite the growing use of historic preservation ordi- nances and building des. i. gn review .regulations, many com- munities are recognizing the need to zo beyond these nar- .rowlv focused efforts and take a comprehensive approach to protecting special vistas, scenic roads, and entryways-- those visual characteristics that give an area a special sense of place, In some cities, this concern has been manifested in efforts to protect views of important public buildings like state capitols--Austin, Texas, and Denver, Colorado, are but two examples. In others, mountain views have spurred special regulations to limit building heights. '- Perhaps most emblematic of the strong feeling special views generate and the controversy that resulting protec- tive legislation can generate is a dispute over high-rise buildings in suburbs around Washington, D.C., and their alleged impact on the Capitol and other nearby national monuments. Recently, a 52-story high-rise building has been proposed in Prince Georges County, Maryland. Designed by renowned architects Phillip Johnson and John Burgee, the project has the strong backing of the local gov- ernment, which foresees this massive development as putting their county "on the map." Arrayed against the development is an impressive group of preservation organ- izations, national capital planning entities, and federal agencies such as the National Park Service, which fears that this massive building will not only intrude on the low- rise skyline of the capital, but set a precedent for a ring of gigantic structures around Washington, D.C. Some members of Congress have reacted in rage, introducing legislation that would levy a tax of $1 million on every foot of building that exceeds a height limit of 140 feet. Architectural critic Paul Goldberger has captured the essence of the dispute. This issue is more one of symbolism. Now, and for nearly two centuries since it was laid out, Washington has been our most ordered city. It possesses not only the physical order of Pierre L'Enfant's layout, but the symbolic order of public buildings presiding over all other structures. There is commerce in Wa~hington,-but it lies low; the sky- line of the.city and the region at least preserve the illusion 'that it is the public's business, and not the private sector's, that is the most important and powerful. That may just be an illusion, of course, but it is a crucial one, and it will be shattered if PortAmerica's tower is built. The saddest thing of all would be to see the Washington region ren- dered essentially like every other American city. The sky- scraper may well be the proud symbol of American com- mercial architecture, but Washington was not conceived as a commercial city. If PortAmerica is built, Washington will be admitting that it is just like every place else. Similar disputes 'are being played out in Austin, Den- ver, Houston, and many other cities and towns. In Philadelphia,' a proposal to build two office towers that would dwarf the William Penn statue atop City Hall '(which has long set an unofficial height limit for the com- munity) has kicked off a bitter struggle and led to the mayor calling for a complete revamping of the city's down- town comprehensive plan:An increasing number of peo- ple are recognizing that vistas add to the community's sense of l~lace and image, which, in turn, have been shown to be important in contributing to the overall quality of life and attracting new businesses. At the same time, because driving is the leading form of outdoor recreation, there is renewed interest in creating and protecting scenic roadways and entryways to cities and towns. Some, states, such as Connecticut, have adopted special legislation to allow creation of scenic rural road- ways. Furthermore, some cities, like New Orleans and Houston, have undertaken concerted efforts to spruce up their entryways, which are the community's welcome mat--not a good place for a jumble of signs, parking lots, overhead wires, and the other accoutrements of urban development. Importantly, several polls show that protection of these special features enjoys widespread political support. In a survey connected with a comprehensive plan in Fredericksburg, Virginia, city officials were surprised to learn that beautifying entryways was a goal that all ele- 28. The New York Times, August 12, 1986. 17 Some pioneer zoning cases involved height restrictions to preserve community character, but San Francisco's innovative controls ensure access to air and sunshine. ments of the community supported strongly. In fact, it was one of the few planning goals that had consensus support. This concern over scenic roadways and vistas is not a new one, but, like other aesthetic concerns, it is being rediscovered and reawakened with a vengeance. In fact, regulatory efforts to protect scenic views date back to the late 1800s. In one early case? the challenged ordinance had as its object the protection of views of the state capi- tol building. And in the 1930s, a scenic roadway move- ment swept the country and resulted in the creation of the Blue Ridge Parkway and Skyline Drive, among others, both administered today by the National Park Service. Today, communities are relying on a combination of tools, including height and use restrictions, sign controls, and landscaping regulations, to protect scenic vistas and roadways. While crafting and implementing such pro- grams is more complex than simply enacting a sign con- trol ordinance by itself, the results can be very impressive. It is well-established in most jurisdictions that lo,ii- ties have authority, under their police power, to impose . ~restrictions to protect s~nic views and maintain a high standard of design alon~ certain roadways. Tvpl~llv, height controls are the prima~ protective tool, but com- munities are nOw more often relvin~ on others, some of' which ~e l~ed to envkonmental pr0t~tion. Thus, some hillside protection laws not o~y protect special views but p~vent development on Steep slopes that might ~use ero- sion ~d other damage to natural ~eas. ., .o,ea a.emp . .ro, c, ret- t~n important st~ct~es, like state ~pitols, and main- tain the ambience of their environs date back almost 100 years. Boston, in particular, was a leader in attempting to protect its beloved Copley Square from being over- shadowed by surrounding buildings. Boston's efforts were upheld by the Massachusetts high court and U.S. Supreme Court.so The Massachusetts court held that the erection of high buildings might exclude sunshine, light, and air to the detriment of the public health. Similarly, the court upheld a 70-foot height restriction on buildings located within 100 feet of any park or parkway? ~There have been only a few recent challenges to scenic .view ordinances, and they have generally met with little success. Typically, the primar~ issue involved is whether · the regulations are so stringent as to deny all reasonable 'use and thereby effect a taking. In one case, the court ruled that aesthetic considerations alone were enough to uvhold the provision of a shoreline management act that limited the height of buildings to 35 feet so as not to obstruct the 29. Parker v. Commonwealth, 59 N.E. 634 (Mass. 1896). Welch v. Swasey, 79 N.E. ?45 (1907), aff'd 214 U.S. 91 (1909). 31. Levanthal v. Buehler, 191 N.E.2d 128 (N.Y. 1963). view of certain lakes.32 More recently, a challenge to Denver's mountain v/et ordinance, enacted in 1968, was rejected on similar grounds by a trial court? The mountain view ordinance allowed buildings near the park to be only 42 feet high with two additional feet allowed for each 100 feet the building was erected away from the reference point in Southmoor Park. The plaintiffs wanted to construct a 21- story office building, which the current zoning would have allowed notwithstanding the limits in the mountain view ordinance. However, neighbors opposed the project and, in 1982, persuaded the city council to apply the challenged restrictions over objections of the plaintiffs and the plan- ning board. Despite a finding that the restrictions caused a substantial diminution in value, the court held there was no taking because the properties were still extremely valu~ 32. State Dept. of Ecology v. Pacesetter Construction Co., 511 P.2d 196 (Wash. 1977). 33. Landmark Land Company, Inc., et al. v. The City and County' of Denver, No. 82CV-6715 (D. Denver, Colo. Aug.. 15, 1984). As this report went to press, the Colorado Supreme Court upheld the moun- tain view ordinance. 18 Finding that the city was actually attempting to estab- lish a public mountain preserve without paying for it, the Arizona Court of Appeals struck down the ordinance as a taking and also held that only money, not density ~redits, could amount to "just compensation:' Moreover, the court held that, under Arizona law, public interest in aesthetics, standing alone, is often too vague to offset substantial injury to a landowner in a rezoning case .... The evidence does not support nor did the trial judge find that a deplorable condition exists or would exist without the Hillside ordinance. This decision was upheld on appeal to the Arizona Supreme Court, which also ruled that damages were pay- able for a temporary taking while the offending regula- tions were in place. While the Corri;tan decision is limited in applicabilitv to Arizona and has come under severe criticism, it stands as a sober warning to Local governments to proceed care- fully in the area of protecting scenic views when restric- tions effectively prohibit development on significant tracts of land. able. Moreover, the trial court judge, after visiting several parks protected by the law, rejected out-of-hand the con- tention that the ordinance did not serve a valid police power objective. ,Generallv, scenic protection measures will not be so onerous as to deny all reasonable use of a property. How- ever, a recent case from Arizona demonstrates that in extreme cases they may be so strict as to effect a taking?4 The city had enacted a hillside protection ordinance that .~everely restricted development in the McDowell Moun- tains, a unique geographic area of hilly and mountainous terrain. The hillside ordinance established two areas: a · conservation zone within which land was set aside solely for open space due to development limitations such as .steep slopes, rockfalls or landslides, and soil erosion; and a development area in which land could be developed sub- ject to certain limits. Development rights could be trans- ferred from the conservation zone to alleviate potential hardship. Under the ordinance, 80 percent of the plain- tiff's land was in the conservation area. 34. Corrigan v. City of Scottsdale, ,720 P.2d-528 (Ariz. App. 1986), aff'd in part, rev'd in part, 720 E2d 513 (Ariz. 1986). INNOVATIONS ,Many localities have enacted view protection ordi- nances in the form of height controls on commercial build- in~s. Pittsburgh recently adopted regulations that restrict heights of new buildings in two areas that flank the Monongahela River. The restrictions, geared to protect views of the city's riverfront, require the staggering of the height of buildings according to their distance from the river. Both San Francisco and Seattle have adopted height ~controls--San Francisco's bein~ designed to prevent shadows from being cast on public plazas and parks at certain prescribed times and Seattle's to help protect views of Elliot Bay. Some localities have taken additional steps and more complex approaches to protecting important views, par- ticularly from public buildings and parks. Two of the most important examples come from Denver and Austin. Denver's mountain view ordinance, which recently withstood the trial court challenge discussed above, is designed to protect panoramic mountain views from parks and public places (the ordinance is set out in the Appen- dix). Both aesthetic and economic reasons are invoked to support the ordinance. The basic approach in Denver is to create a series of overlay zones with special restrictions tailored to the-area to which each applies. Thus, with respect to Cranmer Park, no structure can be higher than 8,434 feet above sea level plus one foot for each 100 feet the structure lies from a reference point within the park. In practice, apartment buildings 300 feet from the refer- ence point and at the same base elevation could be a maxi- mum 30 fee't high. In the Capitol/Civic Center district, the ordinance creates five zones, each with its own specific height limit, designed to protect the view of the Rocky Mountains from the state capitol and the view of the capi- tol itself. In concept, the Austin capitol view ordinance--designed to protect views of the state capitol building from vari- ous vantage points around town--is quite similar to the 19' '--' ' .5:'!'- . ~ ' - ' ._ . ~ ~ ~ ~ __~ ~ ..... ,,~* ~ - .~.~~~- - ,-'<'. ,' '. ....... .., '.., ,'.'~ ....... ' . .'~e: ~ - ' - ..?,','-' ....-,.,.,....... : . ?='< ..... .-.~..';. ~,~:' .." , -... .. ~ -. t ,-',~ .... -. , . , ,. , .- .. ~.,~,.~-:~.~-. ~: ;~. "~ ~' .i ,..,., :..-. (. .'; -- ....... ~ :' · - =' ~-,"',b ' ~'~ .- . . .-~.' . ,....~ .-.. ~ee.-, ~:,,~,.:.;::':, . .~..'. ...?.:5. ...... ..-._ . ~ .....,'~'-' ._ :;..~ .. ~.,:....,~;,,.- ,~ .... ~,,'---'- ..~..,..: ~:)~=%,: ~ ..- . .,,. ,. ~ .,~ .-. . · ie ~ie~ of tie ~ock~ Mountains from Cranmer Park (~o~4 is ~rotecte~ ~ Denuer~ ordinance. Ori~nating in England, t~e idea of ~rotecting open sy~ces ~ ~ long h~tor~. "Greenbelts" (below) long been ~rotected around cities; ti~ one ~ in Colorado. : '"'::5-:: :~, : :" ' ' : ~:" ': ~. · :, : : : 2O Denver ordinance. What distinguishes it from other efforts, however, is the amount of study and analysis that preceded its adoption. Furthermore, the ordinance con- tains a much more complex formula for determining acceptable building heights. - The ordinance, adopted in August 1984, was introduced in 1983 to serve aesthetic, educational, civic, and economic goals by protecting and reserving public views of the state capitol from selected points in the city such as parks, bridges, major roads, and the like. Nine view corridors were designated in August 1984, and 14 more in Decem- ber. Several more are now under study. The study that preceded adoption of the law looked at the historical significance of the state capitol building (which is a facsimile of the U.S. Capitol, only a few feet larger) and Austin's skyline. It paid particular attention to the policies of the city's comprehensive plan, which placed emphasis on maintaining the unique character of the community. Sixty important view corridors were iden- tified and broken down into four categories (stationarym parks; threshold--along entryways to the city; sustained; and dramatic glimpses). The study analyzed each view from the specific point identified (e.g., was the dome obscured?) and land uses within the corridor. The over- Preserving the view from Highway I is a goal of the Big Sur, California, plan. FIGURE 1. CAPITOL VIEW PRESERVATION HEIGHT CALCULATION FORMULA VP = Viewpoint tan0 - a _ a' RS ~- Review Site b b' a = 653' - VP elevation b = Distance, VP to tan0 X b' = a' capitol a' - e = h ~ c -- Sightline to capitol e -- RS elevation RRS _~'"~ ~ -- VP elevation a' = VP elevation to sightline at RS b' b' = Distance, VP to RS b h ? Allowable height all economic impact of the proposal was analyzed along with the economic impact within each corridor. All of this background work helped establish a strong framework for the'ordinance and defused opposition to it as oppo- nents realized that adverse impacts were not as great as expected. The final formula adopted (see Figure 1) establishes height allowances in each corridor defined by sightline elevation from the viewpoint to the base of the capitol dome. A grandfather clause governs projects already in the site plan review process. ENTRYWAYS AND SCENIC ROADWAYS In May 1984, the city of New Orleans adopted new zon- ing provisions to prevent further unsightly commercial strip development along major roads. The purpose of the new provisions is to provide a "superior environment and positive design image" for this historic city. The city established an overlay district with special sign and landscaping requirements that applied to other uses as well. Some permitted uses, such as fast-food restau- rants and developments of one acre or more, are made conditional uses and subject to special site plan review. Sign regulations are also tightened. The size of any sign is linked to the amount of building frontage, the maxi- mum area is limited to 70 feet, and the height to 25 feet or the building height, whichever is lower. No flashing signs are allowed, and rate signs must be integrated into the one detached sign allowed on a site. Nonconforming signs are subject to a three-year amortization period. Finally, special site design requirements are imposed, including perimeter and interior landscaping, landscaped setbacks, screened loading areas, and lighting restrictions. Austin has created special controls on land located within 200 feet of designated "scenic" and "principal" road- ways. It has also enacted special protective regulations for land within 1,000 feet of Route 360, known as the Capi- tal of Texas Highway. The following special restrictions apply: Scenic Roadways. No off-premises signs are allowed within a 200-foot zone on either side of road. On-premises signs are restricted to one small monument-style sign integrated into the landscap- 21 ?.~=~ .. .--~-.. -.- ,; -- : .... - ,; .. ;-.* _..- *'.-'.:.:'~-' ' --.< -. . ,- i - ;. . ,¢ ¢ · . · - ' I ' ' .,- *-" . ~c,.~c' ;?; - - ::*"7-' .... ;--- -,---~,:~"~'~-~2.'~~~' ~-~¢~~_~ C'-'~''';'~ 1 ?:;_ _ -;- -,- .. I'Z ' o"L,,~..". ";"..'"~ ' './',';' ;.-'.: -' ;.:-,,~-¢-*. ! .,.~' , · . : . ' . . ~ - .4 .... . '. .,; .,.- ~ ?-... ~' -.... ._ , ..-..:'_.~~° ..~ ' . · ' - ;'-.~'. -"~Z,,'!.-~;%'--'-~-' ?',' :- ~;,~.,;- ";~r"'~;;';;- :?T,'_ ' - -._. _ ".-. '....-"--..C..,_:. ?-~. '; ";'" ',- :' ' ' ' - - ~-':;'~''--'i*i '-'" : ':'; '~';~;~!"-~ . ._ Special protective regulations apply to land within 1,000 feet of the Ca?ital of Texas Highway. ing plan. Special size and height limits apply as to intrude into the view planes. Other special guidelines does a prohibition on flashing signs. - relating to architectural design, signs, landscaping, and other site plan elements are also set forth. The plan is cur- 2. Principal Roadways. Only one freestanding corn- rently being revised due to some difficulties in applying mercial sign is permitted on each parcel; a 1,000- foot spacing requirement exists for off-premises the design guidelines, which have not been followed by signs, all developers. The guidelines will probably be tightened into mandatory standards. 3. Capital of Texas Highway. Only monument-style In addition to these local efforts, some states have cre- signs with maximum of two colors are allowed, ated scenic roadway programs. The Connecticut Scenic Signs must be of natural color, and materials must Roadway Act (1981, P.A. 81-401, Sec. 1) allows local be compatible with surrounding environment. No governments to give scenic designation to unpaved road- flashing or neon signs or internal lighting are per- ways that are free of intensive commercial development mitted, and vehicular traffic and that cross brooks and ponds, are bordered by large trees and stone walls, or offer sce- The city of Albuquerque has enacted similar compre- nic views. A majority of landowners along the designated hensive guidelines for development along Coors Boule- portion must voluntarily agree to such designation. Once vard, a principal traffic arterial, to protect views of the a road-is designated, the local government may control Sandia Mountains and Rio Grande River Valley and to future alterations and improvements of the right-of-way ensure quality developments. The plan defines view and removal of stone walls and mature trees. Special pro- planes and then prohibits buildings from penetrating these visions of the law apply to routine maintenance and emer- view planes. Landscaping must also be designed so as not gencies. 22 Aqi O kxFEM T CHAPTER 17.04 SCENIC OVERLAY DISTRICT SECTIONS: 17.04.010 17.04.020 17.04.030 17.04.040 Purpose. Application. Uses Permitted. Development Standards. SECTION 17.04.010 Purpose. The Scenic Overlay District is inten- ded for use in areas of high scenic value to preserve and enhance these values and to assure exclusion of incompatible uses. ~he purpose of this Scenic Overlay District is to implement the policies of the General Plan Environmental Resources Manaqement Element by Dreservin~ a sense of open space and important scenic and visual resources identified by the communitY. ' SECTION 17.04.020 AppliCation. In any base district where the district symbol is followed by,~'as a part of-such symbol', paren-.. "S "thus (S), the additional req~ire- thetically enclosed letter, , ments, limitations and standards Contained in this section.shall apply. The district symbol shall constitute the_"base district" and the "S" suffix, shall constitute the "overlay district." In the event of conflicting provisions of such a combined district, the requirements of the "S" district shall take precedence over the requirements of the base district. Uses permitted by the "S" district, must in each instance be in compliance with those uses permitted by the applicable base district regulations and any other overlay district regulations. SECTION 17.04.030 Uses Permitted. All uses .permitted in the base district are subject to approval by the Planning Co~mission as required by Chapter 17.82 and will be evaluated against the Site Development standards of Section 17.04.040 of this chapter. SECTION 17.05.040 Development Standards. A. Corridor planning: 1. The natural and aesthetic aspect of the site shall be retained and incorporated in~ all development plans; · · Lagoons, water courses, wetlands, and wildlife habitats shall be maintained and protected where feasible; , , Developments shall be of a design which acts to preserve scenic vistas and viewpoints and to minimize any detrimental impact to hillsides and open space. ~:~J~m~nents shall be of a design, that blends and enhances the ~,~,iewshed and the existing B. Roadway de~tg~ Ce De Ee . Stre~t-s aud highwa~ shall be designed in a.manner which acts to minimize the adverse visual and physical impacts the roadway will have on the scenic corridor; 2. Scenic turnouts shall be provided at appropriate vista or viewpoint locations; S. Pedestrian, equestrian and' bicycle trails shall be included in conformity with the General Plan; 4. Ail roadwaYs which cross major drainage courses shall be grade separated from trails and gr..nb. Its established in conjunction with these features in such a manner as to permit unencumbered use of the trails.and gr..nb-Its; 5. Access points shall be l~mited along, a scenic highway. . Lighting: . Lighting within the ((S). "Scenic" District shall adhere to the lighting regulations provided for in the base zoning district; . ~.. ..~ structures shall be engineered to minimize grading and to retain existing landform~-and--characteristics in a natural state; 2. All lighting shall be designed and located-in a manner which does not disturb the scenic value or other public interests included within a scenic corridor. -~'~ Utilities~" .- . . ... 1. Where practical, all'new utilities, including the linkage between main line end"structures, shall underground. · , _. Grading: 1. Siting and location of:-roads, b~ldings and other Development pro~ects shall be designed to utilize the natural grade rather' than graded building pads; terrace, step-type building pads which substantially alter the 'natural .contours shall be prohibited; -( d · Where natural grade and cut and fill slopes meet, there shall be a gradual transition from the graded slope'to the natural configuration consistent with the topography within the area. F. Vegetation:. G~ · · Landscape plans shall attempt to incorporate existing on-site trees and shrubbery into the landscaping scheme; Landscape areas shall have irrigation facilities where necessary to maintain plan materials. The use of automatic watering systems will be considered; · Erosion retardant vegetation should be utilized on all cut and fill slopes. Such vegetation should be compatible with the surrounding natural vegetation; Native fire-resistant plant material should be utilized along firebreak areas or near structures sited in a rural environment; · Tree species to be planted within a given corridor should be consistent with other tree-species within the area. Signing: 1. Ail signs shall conform to the regulations pursuant to Chapter 17.94 of this title. ~ Ail signs shall be designed and located in a manner which does not disturb the scenic value or other public interests included within a scenic corridor. Denver Mountain View Ordinance (Buildings and Building Regulations) ARTICLE IV. RESTRICTIONS ON STRUCTURES WITHIN AREAS NECESSARY TO PRESERVE MOUNTAIN VIEWS Section 10-56. Purpose Upon consideration of a recommendation that an ordi- nance be enacted for' the purpose of preserving and pro- tecting the health, safety, and general welfare of the peo- ple of the city and their property therein situate, the council finds: 1. That the protection and perpetuation of certain panoramic mountain views from various parks and .public places within the city is required in the interests of the prosperity, civic pride and general welfare of the people; 2. '~hat. it is desirable to designate, preserve, and per- petuate certain existing panoramic mountain views for the enjoyment and environmental enrichment of the citizens of the community and visitors hereto: 3. That the preservation of such views will strengthen and preserve the municipality's unique environmen- tal heritage and attributes as a city of the plains at the foot of the Rocky Mountains; 4. That the preservation of such views will foster civic pride in the beauty of the city; 5. That the preservation of such Views will stabilize and enhance the aesthetic and economic vitality and values of the surrounding areas within which such views are vreserved; 6. That the preservation of such views will protect and enhance the city's attraction to tourists and visitors; 7. That the preservation of sUch views will promote good urban design; 8. That regular specified areas constituting panoramic views should be established by protecting such panoramic views from encroachment and physical obstruction. (Code 1950, § 645.1) Section 10-57. Prohibitions No land shall be used or occupied and no structure shall be designed, erected, altered, used, or occupied except in conformity with all regulations established in this article and upon performance of all conditions herein set forth. (Code 1950, § 645.3-1) Section 10-58. Cranmer Park* a. Adoption of map. The attached map shall be and hereby is approved and adopted and the portion *Note: There are eight sections similar to 10-58 covering about 14 square miles or 12.5 percent of the city. The map cited here and the one cited in Section 10-83 (below), but which are not included here, are two of the several maps that help illustrate the ordinance restrictions. .b. thereon indicated by shading or crosshatching shall be and hereby is determined to be and is designated as an area necessary for the preservation of a certain panoramic view. The restrictive provisions of this arti- cle shall be in full force and effect as to the portion of the attached map indicaded by shading or cross- hatching. Limitations on construction. No part of a structure within the area on the attached may indicated bv shad- ing or crosshatching shall exceed an elevation of five thousand four hundred thirty-four (5,434) feet above mean sea level plus one foot for each one hundred (100) feet that the part of a structure is horizontally ,distant from the reference point. Wherever a structure lies partially outside and partially inside of the area on the attached map indicated by shading or cross- hatching, the provisions of this section shall apply only to that part of the structure that lies within the area indicated on the map by shading or crosshatching. Reference point. Reference point is a point having an elevation of five thousand four hundred thirty-four (5,434) feet above mean sea level and established at the mountain view indicator in Cranmer Park, which point is identified on the attached map and which point is indicated in the aforesaid Cranmer Park a cross set in the top step of the aforesaid mountain View indicator. (Code 1950, § 645.4-1) Section 10-63. Enforcement a. This article shall be enforced by the director of build- ing inspection. The director is hereby empowered to enter into and cause any building, other structure, or- tract of land to be inspected and examined and to order in writing the remedy of any condition found to exist thereon or thereat in violation of any provision of this article. Service of the order shall be by personal ser- vice upon the owner, authorized property management agent, agent, occupant, or lessee or, alternatively, ser- vice may be made upon such persons by certified mail. If such persons are not found, the order may be served by posting in a conspicuous place on the premises, in which event service shall be deemed complete as of the' moment of posting. b. No oversight or dereliction on the part of the director of building inspection or on the part of any official or employee of the city shall legalize, authorize, or excuse any violation of any provision of this article. (Code 1950, § 645.2) Section 10-64. Violations Any person or any officer, agent, member, servant, or employee thereof, or any lessee or occupant of premises who violates, disobeys, omits, neglects, or refuses to com- ply with the provisions of this article, shall be guilty of violation thereof; and every omission, neglect, or con- tinuance of the thing commanded or prohibited for 41 twenty-four (24) hours shall constitute a separate and dis- tinct offense; provided, however, without affecting any penalty for a violation, no proceedings shall be instituted hereunder against an occupant who is not the owner, or against an agent, servant, employee, or lessee for any vio- lations hereof until after the expiration of ten (10) days from the date of the service of a notice by the director of such building inspection to cease and desist such vio- lation, such notice to be served as provided in Section 10-63. (Code 1950, § 645.3-2) Section 10-65. Remedies a. Any person violating any provision of this article shall be subject to the penalties provided by Section 1-13. b. In addition to any penalty, the city or any person aggrieved by any violation of this article may main- tain any appropriate action to prevent and restrain the violation including an action for injunctive relief and may apply for a temporary restraining order without posting bond. (Code 1950, § 645.3-3) ARTICLE V. RESTRICTIONS ON STRUCTURES IN THE CIVIC CENTER AREA · Section 10-81. Purpose Upon consideration of a recommendation that an ordi- nance be enacted for the purpose of preserving and pro- tecting the health, safety, and general welfare of the peo- ple of the city and their property therein situate, the council finds: 1. That the protection of the great governmental corn' plex known as the civic center, which the state and the city share, is required in the interests of the prosperity, civic pride, and general welfare of the 10eople; 2. That it is desirable to preserve the integrity of the ~ivic center and to protect the openness of its uniclue public space as a relief from its intensely developed surroundings; 3. That it is desirable to protect the stature of its pub- lic buildings as the symbols of the city and the state and as important points of orientation for perma- nent residents and visitors; 4. That it is desirable to protect the substantial public investment that has been made in the civic center park, the state capitol building, the city and county building, and other public improvements; 5. That the protection of the civic center will stabilize and enhance the aesthetic values of the surround- ing area; 6. That an act protecting the civic center emphasizes the national recognition given to this governmental complex; 7. That the protection of the civic center will promote good urban design. (Code 1950, § 646.1) 42 Section 10-82. Prohibitions No land shall be used or occupied and no structure shall be designed, erected, altered, used, or occupied except in conformity with all regulations herein established and upon performance of all conditions set forth in this article. (Code 1950, § 646.3-1) Section 10-83. Adoption of Map For the purposes of this article only, the attached map, which map in no way amends or repeals any other map contained in any other ordinance of the city,-shall be and hereby is approved and adopted and the portion thereon indicated within the solid black boundary line shall be and hereby is determined to be and is designated as the area necessary for the protection and preservation of the governmental complex known as the civic center. The restrictive provisions of this article shall be in full force and effect as to the portion of the attached map indicated within the solid black boundary line except that any area within the solid black boundary line that is also restricted by the restrictive provisions of Article IV of this chapter (restrictions on structures within areas necessary to pre- serve mountain views) shall be restricted by the restric- tive provisions of such article and not by the restrictive provisions of this article. (Code 1950, § 646.44) Section 10-84. Limitations of Construction The restrictive provisions of this article are designed to create a pattern of height limitations in the form of three (3) stepped planes allowing greater height with increased distance from the civic center. Structures within the area on the attached map indicated within the solid black boundary line shall be limited in height as follows: No part of a structure within the area on the attached map designated A and colored purple shall exceed an elevation of five thousand four hundred fifty-one (5,451) feet above sea level. 2. No part of a structure within the area on the attached map designated B and colored blue shall exceed an elevation of five thousand five hundred twenty-three (5,523) feet above sea level. 3. No part of a structure within the area on the attached map designated C and colored orange shall exceed an elevation of five thousand three hundred ninety-one (5,391) feet above sea level. 4. No part of a structure within the area on the attached map designated D and colored red shall exceed an elevation of five thousand four hundred fifty-one (5,451) feet above sea level. 5. No part of a structure within the area on the attached map designated E and colOred green shall exceed an elevation of five thousand three hundred fifty-three (5,353) feet above sea level. 6. No part of a structure within the area on the attached map designated F and colored yellow shall exceed elevation of five thousand three hundred ninety-one (5,391) feet above sea level. (Code 1950, § 646.4-2) Minnesota DNR - Trails and Waterways:Guide to Shoreland Manage...' Statewide Standard Page 1 of 1 SHORELAND MANAGMENT PROGRAM LAKE I $ STATEWIDE STANDARDS The Minnesota Department of Natural ResOurces StateWide Standards~ affect all lakes ~reater than 25 acres (10 acres in municipalities)_ a_nd__riyers with a drainage area two s0uare miles or ~reater. These standards set ~uidelines for the use and development of shoreland property including: a sanitary code, minimum lot size, minimum water frontage, })uildin~ setbacks, buildin~ heights, and subdivision regulations. The Shoreland Management Act regulates all land within 1,000 feet of a lake and 300 feet of a river and the designated floodplain. Local units of government with priority shorelands are required to adopt these or stricter standards into their zoning ordinance. It is always best to check With the local zoning administrator about specific regulations. Back to Intro Forward: Lake and River Classification home Contents ~; 1998 Minnesota Department of Natural Resources, Ail rights reserved. _P!e_a_s_e~send us your comments. http ://www. dnr. state.mn, us/waters/shoreland management/shoreland_management.html 2/8/99 Minnesota DNR - Trails and Wate~wvays:Guide to Shoreland Management: Page 1 of 2 .STATEWIDE SHORELAND MINIMUM STANDARDS Table 1: LAKES- (Sewered) Lake Class Natural Enviromnent Recreational Development General Development Lakeshore Lot Width Lot Area Structure (feet) (sq. feet) Setback (ft.) 125 40,000 150 75 20,000 75 75 15,000 50 Table 2: LAKES- (Unsewered) Non-Lakeshore Impact Lot Width Lot Area Zone (feet) (feet) (sq. feet) 75 125 20,000 37.5 75 15,000 25 75 10,000 Lake Class Lakeshore Lot Width (feet) -Lot Area . Struc./Sewer (sq. feet) Setback (ft.) Non-Lakeshore Impact Lot Lot Area Zone Width (sq. feet) (feet) - (feet) Natural 200 Enviro~Lment 80,000 150/150 75 200 80,000 Recreational 150 Development General 100 Development 40,000 100/75 20,000 75/50 50 150 40,000 37.5 150 40,000 Table 3: RIVERS River Class River Shoreland Lot Width Structure Setback Impact Zone Sewage Setback (feet) (feet) (feet) (feet) Remote 300 200 100 150 Forested 200 150 75 100 Transition 250 150 75 100 http://www, dm'. state, mn.us/waters/shor eland_management/standards .html 2/8/99 Minnesota DNR- Trails and Waterways:Guide to Shoreland Management: Page 2 of 2 Agricultural 150 50/100' 25/50* Urban & 75/100' 50/100' 25/50* Tributary 75 75 *Sewered / Unsewered Note: Setbacks and the Shore Impact Zone are measured from the Ordinary High Water Level (OHWL). Back to Intro Forward: Standards Contents ::~':L= 1998 Mimmsota Department of Natural Resources. All rights reser,,ed. Please send us your comments. http://www, dnr. state.mn.us/waters/shoreland management/standards.html 2/8/99 Minnesota DNR - Trails and Waterways:Guide to Sho...: Evaluating Shoreland Managemen Page 1 of 2 EVALUATING SHORELAND PROPERTY "What issues should I consider when purchasing shoreland?" The first and most important consideration is to ask yourself what you want from the shoreland property -- a wilderness retreat to get away from people or a friendly rural neighborhood to enjoy nature and water-related activities. Before you decide on a particular piece of shoreland, it is a good idea to spend some time in the area and to gather some information about the water body and surrounding resources. Various governmental agencies have this type of infornaation: local government units, the DNR (Division ofFish and Wildlife has extensive data on most water bodies), county extension offices of the University of Mitmesota, and the district offices of the U.S. Soil Conservation District. "How cio local zoning ordinances affect shoreland property?" In addition to establishing minimum lot size, building setbacks, and sewage treatment requirements, local zoning ordinances also establish "Land use" or "zoning districts". These are the same types of zoning districts that are common in cities, such as residential, co~runercial, and industrial districts. Before you purchase shoreland property you need to confirm that your intended use (i.e. seasonal cabin, year-round home, resort, marina, etc.) is. compatible with the zoning ordinance. "What physical characteristics should be considered?" · Lot Size - The lot should be large enough to accommodate your intended use, as well as comply with the local zoning requirements. Those lots which have been created since the statewide shoreland management standards took effect are large enough for most residential uses and comply with local zoning requirements. However, there are many lots which were created prior to the shoreland rules that may be substantially smaller than the new lot size requirements. These substandard lots may still be bought and sold, but they may be too small to accommodate a structure or a sewage treatment system. If you are considering buying such a lot, you should carefully review your intended use and the limitations of the property. · Lot Shape - Although the size of the lot may meet zoning requirements, the shape can restrict the use and location of structures. Long, narrow lots or pie-shape lots may make it impossible to meet some of the requirements for setbacks, lot widths, and sewage treatment systems. Carefully consider the compatibility of a lot shape with your intended use. · Topography - Land surface elevations are important for several reasons. First, the lot should be high enough so that the dwelling will not be flooded by water level fluctuations. The site should be able to accommodate the lowest portion of the building, including the basement, at least 3 feet above the highest known water level. In nonsewered areas the site must also accommodate an on-site sewage http://v,~w, dnr. state.nm.us/wat ers/shorel and_mana gement/evaluating_shoreland, html 2/8/9 9 Minnesota DNR - Trails and Waterways:Guide to Sho...: Evaluating Shoreland Managemen Page 2 of 2 treatment system if the structure includes running water. The bottom of the sewage treatment system must be at least 3 feet above the highest known water level or bedrock. Drainfield-type sewage systems usually require an additional 2 1/2 feet of soil above the 3 foot minimum. It is necessary to have a qualified professional determine if a site can accommodate a standard sewage system. Improperly located or designed systems result in frustration and added expense to the landowner. · Soil Conditions - The soils should be suitable for your intended use. Both structures and sewage treatment systems have specific requirements. Wet soils, shallow bedrock or clay soils are generally unsuitable for soil absorption sewage treatment systems and can also make building construction difficult. A filled wetland may appear to be stable, but compaction of the mucky subsoil may cause structural failure. Even if a local permit can be obtained, it is best to avoid development in these areas. · Vegetation - It is part of the aesthetic and ecological value of shoreland property. Large trees and wooded landscapes are attractive and help to visually screen structures from the lake. Local zoning ordinances regulate the amount of vegetation that can be removed. In most communities you can remove enough vegetation to obtain a view of the lake, as long as structures and vehicles are screened. Stricter controls on vegetation removal apply within the Shore and Bluff hnpact Zones. These zones must be kept in permanent vegetation. If farmed, mowed crops and pasture are allowed. Tilling is not allowed unless under an approved conservation plan._ - _ The natural vegetation'gives you clues as to the suitability of your intended use. If you want a sandy swimming beach, you should look for a lot that has one. Any alterations at or below the water's edge will require DNR approval. Fill added to wetlands is also regulated by the U.S. Army Corps of Engineers 404 permit program. The cost and -. questionable outcome of trying to develop in these areas maynot be worth the effort. Back to Intro Forward: Floodplain Management D[~, ~}:.:.::, [~ hoffio Contents <© 1998 Minnesota Department of Natural Resources. All rights reserved. Please send us your comments. http://www.dnr.state.mn.us/waters/sh~re~and-management/eva~uating-sh~re~and.htm~ 2/8/99 § 18-78 CHANHASSEN CITY CODE _All telephone and electrical service shall be placed underground or utility lines for where this is not feasible shall be placed in rear lot line easements'when c~rrierl on .overhead poles, (c) Prior to the city signing the final plat and prior to the construction of any improve- ments, the developer shall provide the city with a letter of credit or cash escrow to insure that all improvements required by this chapter will be installed and paid for at no city expense. For improvements to be installed by the developer, the developer is obligated to install and complete all such improvements at his own expense and under the supervision and inspection of the city. For improvements which the city agrees to install, the developer shall pay the cost of such improvements through payment of special assessments. As security to the city for installation of the improvements or the payment of the special assessments, the developer shall be required to file a cash escrow or letter of credit in an amount and form acceptable to the city to cover the cost of all public improvements and special assessments. (Ord. No. 33-D, § 9, 2-25-85; Ord. No. 33-E, § 1, 12-15~86) Sec. 18-79. Park land dedication requirements. (a) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the city's park fund and trail fund as provided by this section. Co) Land to be dedicated shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. (c) The park and recreation committee shall recommend to the city council the land dedication and cash contribution requirements for proposed subdivisions. (d) Changes in density of plats shall be reviewed by the park and recreation committee for reconsideration of park dedication and cash contribution requir'ements. (e) When a proposed park, playground, recreational area, school site or other public ground has been indicated in the city's official map or comprehensive plan and is located in whole or in part within a proposed plat, it shall be designated as such on the plat and shall be dedicated to the appropriate governmental unit. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the city may consider acquiring the site through purchase or condemnation. (fl Land area conveyed or dedicated to the city shall not be used in calculating density requirements of the city zoning ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. (g) Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas may be used for credit, at the discretion of the city council, against the requirement of dedication for park and recreation purposes, provided the city council finds it is in the public interest to do so. Supp. No. 5 1016 § 20-481 CHANHASSEN CITY CODE sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation_ screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (f) H_.ej~ht of structures. All structures in residential districts, except churches ~,~rl nonres- i__dential agricultural structures, shall not exceed thirty~K~5~Lfe_et_in height. (Ord. No. 217, § 4, 8-22-94) Sec. 20-482. Shoreland alterations. (a) Generally. Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aestheti_co~_p~_hiaioxic v__alues, prevent bank slumping, and protect fiskand wildlife habi~_~t~ (b) Vegetation alterations. (1) Ve__eg~ation alteration necessary for the construction of structures and sewage treat- ment systems and the construction of roads and parking areas regulated by section .20-484 of this article are exempt from the folloWing vegetation alteration stancl~rcls. (2) R_emoval or alteration of vegeta, tion is allowed subject to the~_fpJlo?ing_~_t~_nAar,_d~s: a. Intensive vegetation Clearing within the Shore and bluff impact Zones__0nd on ._ steep slopes is not allowea. IntensiVe vegetation clearing for forest land conver- sion to another use outside of these areas is allowable if permitted as part of a development approved by the city council as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited cle_aring of trees and_ shrubs and cutting, priming, and trimming of trees is .all0~we_dAo_p~o_vide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access .areas, and permitted water-oriented accessory structures or facilities, provided .th..at.: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf-on conditions, is not substantially reduced; 2. Along rivers, existing shading of water surfaces is preserved; 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and 4. The clea_r~ug be limited to a strip thirty (30)percent of lot wi_dt.h o_.~ thirty (30) feet, whichever is lesser, parallel to the shoreline and extending inward xvithin -the shore and bluff impact zones. (Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96) Supp. No. 9 1196.2 Section 1015:30 Subd. 3 (b) (eon't) sources of light illuminating authorized illuminated signs; light standards for illuminated, parking areas, loading areas or yards for safety and security reasons provided the direct source of light is not visible from the public right-of-way or adjacent residential property, except as Section t015:35 applies. (c) Terraces when used for landscaping and erosion control (d) In side or rear yards only: bays not to exceed a depth of two (2) feet nor to contain an area of more than twenty (20) square feet; fire escapes not to exceed a width of three (3) feet; and off-street parking. (e) Rear Yard only: balconies, breezeways, detached outdoor picnic shelters and recreational equipment, 'except as regulated hereinafter. (f) Fences, solid. or open, not more_, than .fprty-two _(42) inches high i.n front ya_r.~s~.and .not more than seventy-two (72) inches high in other yards,..r p.roy%~9~J no fence sh~ll unreasonably block the view from adjoinin~ property of a lake, park or other natural amenity. Th~ prov~/l_sha]l__na.t.pr~v~nt the .Gi~__.Cp~rtcil_ from permitt.~ng variances as .provided by this Ordinance or requiring additional fencing where desirable. Section 1015:35 - Traffic Visibility - On corner lots in "R" districts no structures or planting in excess of thirty (30) inches above the abutting curb line shall be permitted within a triangular area defined as follows: Beginning at the intersection of the projected curb lines of two intersecting streets, or travelled way, thence thirty (30) feet along one curb line, thence diagonally to a point thirty (30) feet from the point of beginning on the other curb line, thence to the point of beginning. Section 1015:40 - EsseQt~a~ ~ervices - Essential services shall be permitted as authorized and regulated by state law and ordinances of the City of Excelsior. 7--2L~--1 998 1:4.4. PPl FRQH CITY OF WAYZATA 494. B318 · 'P. 1 Shore and bluff impact zone deficiencies must be eva!ua~ed and reasonabia improvemenus made as part of the conversion. These improvements must include, where applicable, the fo!lowing- .Removal of ax~rane-ous buildings, doc]cs, or other facilities that no. ion~cer nmed to be located in shore or bluff impact zones; b. Remedial measures ~o correc~ erosion si~es and improve vegetative cover and scrseninD of buiidinqs and o~her facilities as viswed from the water; and C , ., .... ~ u~ ara ioca~ed in shore or bluff impac: zones, ccndi%ions shall be as~ached to a~Droval= o~ ~n~.x=~ .. - ....... =-Ohs that prec!uda exterior e~ansions in any dimension or substantial=~-~terazions. ~=.~_ condi~ioas must also provide for fu~ure re!ccacion cf dwel~ ~ ~c units, whe~ feasible, ~o Qube_ ~ocasicns, mee~i~ ail setback and elevation retirements when 5hey are rebui!: or replaced. - . . Existing dwe!!ingl unit or dweiiin~ site densi:ies th&~ exceed standards in 'Secuion 801.91.17 .~ay be allowed to continue but must no= be allowed ~o increase, either.~ the time o~ .conversion or in the future. Efforts must be made during ~he conversion to limit impacts of high d~nsities by improvin~ vegetative~~creening, centra!iz~_ng shor~ recreation facilities, or other means. 80!.91.18:PZJGNtC~g~D UNiT DEVELOP~T DISTRICT: Mixed use planned unit deve!opmen~ .is allowed f. or inuecra~ion and coordination of land parcels as well as the comb~lnatio~n of Varying · ~.vpes of residen%ia! and corm~.ercial uses: ~poliQ~rion/proce~u_res. Applications and procedures for a planned unit development district in the shoreland area shall be consistent with Sections 80!.90, 801.33 and 80l. Dl.17 re9ardin9 planned unit development. The DNR s~ali be notified of rezonin9 to a PUD as req~aired in 80!.DZ.ZP:SHOP, ELA~ iF~PACT Pr_J~N/CO~ITIO~.~L USE PER~IIT: Sh~;r~%.rfd ?m~ct Plan. Except for situations listed Delow, .landowners or developers desiring to develop land or construct any dwelling or any other artificial obs~.~uctio.~-o~ !and located within any Shoreland District within the City of Wayzaua shall first submi~ a conditional use permit 7-2G- 1 nno ...... ~ I: FROM CITY OF WAYZATA 4G4 53'1~ C , app!i'ca~ion as regulated by Section 801.04 of this Ordinance ' . , ~--~--=~ referred to as and a plan of deve!oDment "Shore~and impact Plan" which she!~ s.e.~ forth DrcDc=ed provisions for sediment con~ro!, water management, maintenance of landscaped = ~ea=ures, and any additional ma%rets attended set forth proposed changes requested by ~he applicant and -~=irmative!v disclose when, ==~ ~ ~ any, change will be made in the na=urai condition of the ear,h, including loss of change of earth ground cover, destruction of trees, grade courses and marshes. The Dian shall minimize ~ree removal, ground cover . change, ~oss of ~-~ ra~ vegeta=zon, a~d grade changes as much as possible, and shall affirmatively provide for =he relocation c~ -= ] ~ _ .~p_a.~.-g of as many trees as possible which are proposed to be removed. The purD.~ose, cf the_ shcr~iand .impact plan shall be =o eliminate and minimize as much as. D©ssibie ~o~enmia! pciluticn, erosion and si!nation. Exqep=_ions.. Nc conditional use pe_~m.i= or shoreland'ir~act plan shall be re~aired f~r 5he deveio~ment of permit%ed accessor? uses consained within the ~-iA, R-Z, ~-2 and_ Nc conditional use permit or shore!and impact plan shall be required for the development of permitted principal . uses contained within the zoning districts, ~ ~ '= such uses are constructed on s~andard lots and in compliance wi~h the standards of =his Ordinance and all such uses are so,iced with p~iic sani:a~ sewer. , ~.~ :~.~,:~.....'. 7;'~.~'~7 ,'~ ~'._?,..].. , .;:~'. ~;' ·., ,~ ....... ~,.. 4. · o~d'~ o.n ~ .'~ :~*~Co~d'i C~on~;us e.~;.~ e ~ s.~.O.~ .'.. :.c ohs ~ de rat ~ on ~ .:,..~. -~:'~.~ ,., .... ; ,~',. ~., , - ........ . ...., . .. ..... u~aer~hzs.~2'S.ecrzon shall be $~3~c: ~o the fok!cwinc . The projects shall be analyzed to de=e~ne the impact of imperious surfaces, sto~waser ~noff, floodplain, and water ~ati=y implications. Onty'=hos~ projects shall be allowed where =he adverse impacts have been miuiqaued through approved means to the extent possible. . Storm .water treatment measures including, but not limited to, .sediment basins (debris basins), desiiting basins cr silt traps, installation of d~bris guards', and micrcsi!t basins on sto?m wa~er inlets, oil ski.~ng devices, etc. shall be required subject to ~he' review of the City ~~==~ and the Minnehaha Creek Watershed Distr~ct on projects where applicable. =rojects shall be analyzed in terms of provisions =or maintenance and enhancement of landscape features, and chan~e in the natural condition of the soil, trees, grade courses and marshes. The vesetative planting plan shall contain 5roes, when fully mature, that will exceed ~he 7-2D-1~°.:=~ 1:46P~t FROH CITY OF WAYZATA 404 5318 P. 3 · building height. The plan shall also minimize tree removal, ~rcund cover change,'!oss of natural vegetation, and grade changes as much as possible, it shall further provide for the relocation or replanting cf trees which are proposed t'o be removed. Projects shall be-analyzed_in ter~,s of the appearance of the structure when viewed from the lake's surface. Building m~teria!s, and color shall be analyzed to dezermine which facade and roof materials minimize the appearance and blend the structure into the shoreiand and vegetation. Building heights shall be analyzed~ to de=e_~m_ine the ~mDact on surrounding s2ructureS and views from the lake surface or other shores. S~acuures shall not be allowed -~o exceed a height beyond what is allowed by ~he base zoning district or cannot be screened by landscaping or other design measures. Residenuia! denSities on _a project basis shall not be allowed tc exceed ~he-maxim~ allowed density of ~he base zoning distric~ for which ~he projec~ is proposed For higher density residential deve!opmen~ and planned ~h= density shall not be allowed to exceed developments, _._ ~he density ssandards ~=- speC~=ied,= in the R-5 District. of this Ordinance LoC ccv~ce op. a proj=ct basis shail, be restricted 50 · ~he provisions for maxim~T~ impervious surface coverage as provided for in this Ordinance. Overall residential densities in the shoreland area shall not exceed the su_~pius development capacity for residential density, as calculated for Lake Gleason and Peavey Lakes, as specified .in the Wayzata Comprehensive Plan/Shore!and Management Plan, as m~y be amended. 9. Overall lot coverage in the shore!and area shall no~ exceed ~he surp%~s deve!opmen~ capacity for impervious surface coverage calculated for Lake MinneZonka, G!eason and Peavey Lakes, as specified in the Wayzata Comprehensive P!an/Shore!and M~nagemen~ Plan, as may be amended. .~' !0. The project shall be assessed as to zhe Cype and extent of impact on public water surface use, including t!rpe n,mr~er of'expected wacercraf~, and safety issues related to ~.c.co~odating these watercr&ft~ li. Ail projects shall be in conformance with the ~to_~7,water Mana~9~ent llBn ~0r..th9 C$.tv of Wzvza%~, May 1988, as m~y be ~ended and/or approved by the City Engineer. · .=,.:,~, '1: zlBP~.l FROH C IT'-{ OF '~:./AYZ~,TA ~L---'~L SBi ~ All projects shall be in conformance with Uhe Wayzata ~ ~ ~ive ~ /Shore!and Management ~a~, ' Co,~p .... en~ ._an _ .. as may me ~mended. ' -~ b= subject ~o · the -=v~==. cf ~= All projects .sn=_,_ ~ - ........ ~ .._,v~ nnehaha Creek ~'~-~= ~= .- ~ - ~hed D~- st~-'__ c'~. S01.9!.20:VARIA/~CE: Variances mmy be granusd by ~he City Council in accordance with Section extraordinary cases, but only when the proposed use is deze~-lP, ined ~o be~..~ ~ne~ Dub!~.~c in~=.~_-es~. The shall apply within shore!and areas. , A. Resu~ ~ ~he placemen~ cf an ar=~=~ ~ wh'~h .... ~ cia obs~rucu~on .~. shall restrict ~he passage of storm, and fiocd wa~er in such a manner as "o increas~ ~.,e _~ooding, obstrcc=ions approved by t-he U,S. Army Cc_~ps of Engineers in ~ ~unctlon wlzh' sound '" ' ~o..u :~oocD_~_.. rmna~.en~ . -- :. .-.. B. ~esuit in incompatible land uses er which shall be de:rimen5a! ~o %he pro,action of surface ~nd Sreund water supplies. C~ Be not ~ keeminc w~th land use plans and p!anning, cb'jectives for ~he ~ - ~ ~y cf Wayzata or which sha!~ increase cr cause da~r -c !i=e or ~rouertv Be inccnsisuent with the objectives of encouraging land uses compatible with the prese-~'va~icn of the natural land vegeuauion and =he marshes and we~!ands wi:bin uhe City of way~ata. Shall constitute a hardship as defined in Section 80!.05 of ~_s Ordinance. Nc permit or variance shall be issued unless the app!ican% has submitted a Sho,__and Impact Plan as re_cmired and set, ~or~h in t~s Ordinance ~n ~rant~ , ~he ...... ~ng any variance CiUy Council may attach such condi%ions as ~hey deem necessa-~l; tc insure = this Sec=ion. compliance with the pu_--pose and inzent c= 801.9~ . 21: SITBDIVISION/PLATTiNG PROVISIONS: A~ Lan~ Sui%abi.i~v. Each lot created, through subdivision, including planned unit developments autMorize~ under Secuicn 801 9~.17 of t-his 0rdinance; shall be sui%able in s~a=e for the proposed use with minimal a!tera~ion. Suitability anaiys~s by the local unit of gGwerr..~en: shall consider susceptibility to flooding, existence cf wetlands, sci! and susceptibility to =~ooding, axis:once of wetlands soil and rock formations with severe limitations for development, severe erosion potential, steep topography, ...... ~ ..... =~:c~ removal cKDabi~ ~ ~izies, near ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHANHASSEN, MINNESOTA, AMENDING THE CITY CODE BY ADOPTING ONE NEW SECTION RELATING TO PROTECTING LAKE VIEWS. Whereas, the City of Chanhassen contains several lakes, which are valuable to the City as a whole, to abutting property owners, and to property owners with a lake view; and Whereas, the City is concerned about protecting property rights and land value, which include lake view; and Whereas, the City is striving to provide a good quality of life, while protecting the natural environment and preserving the ability of citizens to enjoy that environment; and Whereas, the City has determined that a minor delay in issuing building permits and allowing construction, when weighed against the potentially long-term detriment to property owners by obstructing lake views, is in the best interests of the City. _- THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1 - That the City Code is hereby amended by adding one new section, xvhich shall read as follows: Sec. . Whenever a property owner becomes aware that construction is proposed or being initiated, which the property owner believes would block one-half or more of the property owner's view of a lake, the property owner may so notify the City Planner. Upon receipt of such notification, the City Planner shall set up one or more meetings between the property owner and the owner of the land where the construction is planned. At these meetings the appropriate City staff'will discuss the construction with the two property owners, assist in clarifying whether and how much of the lake view will be obstructed, and facilitate the two property owners in finding a satisfactory construction which will block as little of the view as possible. No building permit shall issue until the meetings have been completed. If one of the two property owners fails or refuses to attend the meetings, the meetings shall be held nonetheless, and a decision made in that owner's absence. If, after a minimum of two meetings, the property owners and City staff, cannot find a means of allowing the construction and also protecting at least one-half of the affected lake view, one or both of the property owners may request that the City Council make a determination as to whether the building permit should issue, or whether the proposed construction must be modified in certain particulars. The City Council may offer the two property owners mediation, at their own expense, as an alternative to accepting the City Council's decision. The decision of the City Council is final. Sectiori 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in Minnesota, held this day of session of the City Council of the City of Chanhassen, ,1998. Mayor of the City of Chanhassen Attest: City Clerk Approved as to form: City Attorney Published in the on the __ day of ,1998. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, THE ZONING ORDINANCE ARTICLE I, IN GENERAL AND ARTICLE VIII, PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. definitions: Section 20-1 of the Chanhassen City Code is amended by adding the following Cluster Development means a pattern of development that arranges the layout of building on a compact area of the site so as to reserve a portion of the site for common open space or green space that is protected in perpetuity. .. Natural Habitat Area means an area that is characterized by being primarily in a natural state xvith only minor evidence of disturbance from modem human activity. Natural habitat areas may include forests, wetlands, or endangered or threatened species. Section 2. Section 20-501 (7) of the Chanhassen City Code is amended to read: (7) Provision of affordable and diverse housing to all income groups, whenever possible, within the residential and mixed use PUD. Section 3. Section 20-501 (9) of the Chanhassen City Code is amended to read: (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 be required within a project. Section 4. Section 20-502, of the Chanhassen City Code is amended to read: (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 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. (2) Where the site of a proposed PUD is designated for more than one (1) land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as to city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. Section 5. Section 20-503 (a) (3) ofthe Chanhassen City Code is amended to read: (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. Section 6. Section 20-505 (c) (3) of the Chanhassen City Code is amended to read: (3) Density transfer in single-family detached or attached areas will be evaluated using the items listed in sections 20-506 or 20-508. Density transfer eligible for multi- family areas may be permitted to be applied to single-family areas subject to appropriate transitions from existing or planned land uses. Section 7. Section 20-505 ( c ) (4) of the Chanhassen City Code is amended to read: (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 encouraging life cycle housing. Section 8. 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 entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. Section 9. Section 20-505 (i) of the Chanhassen City Code shall be amended to read: (i) Signs shall be restricted to those which are permitted in the sign plan approved by 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. Section 10. Section 20-506 (b) of the Chanhassen City Code is amended to .read: (b) Minimum lot size. The traditional 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). The entire PUD shall maintain a minimum net density of 2.4 units per acre. 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 sixty-foot building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard thirty (30) feet deep. This area may not be encumbered by the required home/deck pad or by wetland/drainage easements. It may include areas with steep terrain or tree cover. Section 11. Section 20-506 (g) (1) of the Chanhassen City Code is amended to read: (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 over-story trees must be provided in each front yard. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve'natural, trees and the site's topography. ~ ' Section 12. Section 20-508 (a) of the Chanhassen City COde is amended to read: (a) Generally.' Single-family attached, cluster,: zero lot line, townhouses and similar .type dwelling types may be allowed on sites designed for low, medium or high density residential uses by the Chanhassen Comprehensive Plan. ' Section 13. Section 20-508 (b) of the Chanhassen City Code is amended to read: (b) Minimum lot sizes. There shall be no minimum lot size; however, in no case shall the overall net exceed guidelines established by the city comprehensive plan. Section 14. Section 20-508 (e) (1) of the Chanhassen City Code is amended to read: (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. In 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. Section 15. Section 20-517 (a) of the Chanhassen City Code is amended to read: (a) The general concept plan for a PUD provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire dev. elopment without incurring substantial cost. The plan shall include the following: Identification of all resource areas within and adjacent to the project site including areas of significant slope (12' percent slope or greater), forested areas, lakes, stream, and wetlands, areas Of unique vegetative cover, scenic views, natural' habitat areas, or historic areas, buildings, or features. , Calculations and/or drawings that identify the allowable density (number of units or building coverage) under the Chanhassen City Code. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains, and designated wetlands. Calculation of allowable impervious cover may include bluffs and flood plains, but shall specifically exclude designated wetlands. An allowance for public right-of-way for roads between 10 and 20 percent of the gross area shall be incorporated in the allowable density calculation for subdivisions. 3. Overall gross and net density. 4. Identification of building sites located such as to maximize views and access to open spaces and preserve resource areas. 5. Identification of approximate lot size and tot width. 6. General location of major streets and pedestrian ways and connections to existing and future development. 7. General location and extent of public and common open spaces. 8. General location and type of land uses and intensities of development. 9. Staging and time schedule for development. Section 16. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of Council of the City of Chanhassen, Minnesota ,1998, by the City Don Ashworth, City Manager (Published in the Chanhassen F?llager on Nancy K. Mancino, Mayor CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 286 AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE CHANHASSEN CITY CODE, THE cITY'S ZONING AND SUBDIVISION ORDINANCES, ESTABLISHING THE BLUFF CREEK OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Section 18-40 (2) of the Chanhassen City Code is amended by adding subparagraph k. to read: ko Within the Bluff Creek Overlay (BCO) District, the application shall also inclUde: ao be Identified boundaries of the primary Zone_and Secondary Zone on a drawing depicting existing conditions'and on a site plan'depicting the proposed development pattern. _ Calculations and/or drawings that identify the alloWable density (number of units or building coverage) under the Chanhassen City Code including-lands lying in t-he Primary and Secondary Zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains and designated wetlands. Calculation of allowable impervious cover may include bluffs and flood plains but shall specifically exclude designated wetlands. SECTION 2. Section 18-64 of the Chanhassen City Code is amended by adding the a paragraph to read: Within the BCO District, meet the additional purpose, intent and standards of the BCO District. SECTION 3. Section 20-1 of the Chanhassen City Code is amended by adding the following definitions: Cluster Development means a pattern of development that arranges the layout of buildings on a compact area of the site so as to reserve a portion of the site for common open space or green space that is protected in perpetuity. Ecosvstem means a community of interacting animals, plants and microorganisms and the physical and chemical environment in which they live. Natural Features Any slope (12 percent slope or greater), forested areas~ Lakes, streams and w.etlands, areas of unique vegetative cover, scenic views, natural habitat areas, or historic archeological areas, buildings or features. Natural Habitat Area means an area that is characterized by being primarily in a natUral state, with only minor evidence of disturbance from modern human activity. Natural habitat areas may include forests, wetlands, or endangered or threatened species habitat. Primary Zone means the buffer zone that directly impacts Bluff Creek and/or its tributaries. The primary zone, which is generally delineated in the Bluff Creek Watershed Natural Resources Management Plan, is intended to be preserved as permanent open space. Secondary Zone means the buffer zone that contains habitat areas that are valuable to the delicate balance of the Bluff Creek ecosystem. The secondary zone, which is generally delineated in the Bluff Creek Watershed Natural Resources Management Plan, is subject to development limitations (bluffs, step slopes, wetlands etc.) in order to minimize the impact of new development on the Pri~a~' Zo~.e~ SECTION' 4. Sectior~ 20~20i of the CharLhassen Code is an~.en, ded by ~,.di. dir, a l;'k,~:z. following special district: BCO, Bluff Creek Overlay' District- SECTION 5 Sectior, 20~i06 o'Cq--~e Chonhas~en ¢'"i-¢.~ Code is amer~c!.e5 by subparagraph (7) to reed: (7) BCO district. SECTION 6. Section 20-109 of the Chanhassen City Code is amended by addii~g subparagraph (7) to read: (7) Within the BCO district, the application shall also include: Ao Identified boundaries of the Primary Zone and Secondary Zone on a drawing depicting existing conditions and on a site plan depicting the proposed development patterno Bo Calculations and/or drawings that identify the allowable density (number of units or building coverage) under the Chanhassen City Code including lands lying in the Primary and Secondary Zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains and desi.gnated wetlands. Calculation of allowable impervious ~:over may include bluffs and flood plains but shall specifically exclude designated wetlands. SECTION 7. Section 20-110 of the Chanhassen City Code is amended by adding subparagraph ('8) to read: (8) Within the BCO district, consistency with the purpOse, intent and standards of the BCO district. · SECTION 8. Chapter 20 of the Chanhassen City Code is amended by adding Article XXXI to read: ARTICLE XXXI. BLUFF CREEK OVERLAY DISTRICT DIVISION 1, BCO DISTRICT Section 20 - 1460 Purpose. The Bluff Creek Watershed Area and the development within it have a major influence on environmental quality in the City and the region. Development within the corridor must be designed with utmost sensitivity to the environment and-the development pattern must be of a quantity and quality other than what might ocCur in the absence of specific standards. The purpose of the District is to: _ (a) Protect the Bluff Creek-corridor, wetlands, bluffs, and significant stands of mature trees through the use of careful site design, protective covenants, sensitive aligmnentand design of roadways and utilities, incorporation of natural features, landscaping, techniques outlined in the City's Surface Water Management Plan, and the practices delineated in the City's Best Management Practices Handbook. (b) Encourage a development pattern that allows people and nature to mix spanning multiple ecosystems. Development in the corridor should be ecologically designed and built around natural features such as trees, wetlands, and bluffs. Significant natural features should impact development rather than development impacting significant natural features. The natural qualities of the corridor should be preserved to ensure sufficient habitat area for wildlife. (c) Promote innovative development techniques such as cluster development and open space subdivisions to measurably reduce the amount of impervious cover compared to traditional development practices resulting in significant portions of a site being retained as permanent, protected open space. (d) Foster the creation of a greenway connecting Lake Minnewashta Regional Park and the Minnesota River Valley. The greenway will serve as an uninterrupted pedestrian trail, bikeway system, and wildlife corridor affording opportunities for recreation, education, physical fitness and non-motor/zed lransportation~ (e) Encourage cost effective site development. Open space design practices can reduce infrastructure engineering and construction costs because of lot configurations, shortened streets, and reduced utility runs Long term cost savings can also be realized by the City of Chanhassen associated with infrastructure maintenance costs. (f') Implement the policies and recommendations found in the Bluff Creek Watershed Natural Resources Management Plan. The terms, definitions and appendices found in the Management Plan are incorporated herein. Sec. 20 - 1461 Intent. The City intends that all development within the district including commercial, industrial and residential uses should blend into the natural environment while protecting Bluff Creek and sensitive land areas abutting and in the vicinity of the watercourse and its tributaries. The criteria by which new development in the district shall be judged are as follows: (a) Consistency with all provisions of the Comprehensive Plan which includes the Bluff Creek Watershed Natural Resources Management Plan, as amended from time to time; the Surface Water Management Plan; all provisions of the Zoning Ordinance and Subdivision Ordinance not specifically overridden by the provisio~.s of th/.s distd¢'t; a~.d a.!,i .~'~:'~..er applicable land use regulatior, s. (b) Preservation of the natural conditions found in the Primary Zone and to the greatest extent possible, preserving significant reso'urces and minimizing impacts, in the Secondax2~' Zone through cluster development and otb~er practices which minimize the removal of' Yegetatior~., minimize site grading, and applicati_o~ of,~ractices 'fou~.d i.~ the City's Best M~ ~..~, ~e:~x2.er:-~.t ' Practices Handbook, (c) Creation of a suitable balance between the amount aiid arxangerrier_~'~ of:.;.Pcr~ ~pace~ landscaping, view protection, bluff protection, and vegetation protection and the design and function of man-made features. (d) Creation of an interconnected open space network that preserves migratory patterns for wildlife. (e) Creation of an interconnected open space network that provides recreational and educational opportunities for people. Sec. 20- 1462 District Application. The BCO district shall be applied or superimposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this ordinance. The regulations and requirements imposed by the BCO district shall be in addition to those established for districts which jointlyapply. U~der the joint application of the districts, the more restrictive requirements shall apply. Section 20-1463 Conditional Use Permits. A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior. to the erection or alteration of any building or land within the BCO. Sec. 20 - 1464 Boundary Delineation. (a) Generally. Primary and Secondary Zones shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Bluff Creek Watershed regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the overlay district applies. Co) Boundaries; maps. The Primary and Secondary zones include land that is generally defined in this article and in the Bluff Creek Watershed Natural Resources Management Plan. Boundaries as established by officially adopted city maps shall be prima facie evidence of the location and type of watershed zone. The official maps shall be developed and maintained by the planning department. The applicant shall provide appropriate technical information, including but not limited to, a_t0pographical Survey, flora and fauna survey and soil data deemed necessary for the city to determine the exact watershed zone boundary. The planning director shall make a determination to maintain the officially designated watershed zone boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for watershed zone delineation shall be generated and provided by a qualified professional specializing in waterShed management, environmental scienCe or other related profession. The': applicant may appeal the planning director's determination of the watershed ZOne boundary and type to the city council. Sec. 20 - 1465 Lmpe~ious Cover and Slopes. To the greatest extent possible, all development shall minimize the amount of impervious surface by clustering development, using common access drives and utility corridors and minimizing building footprint size. Roads, walkways, bike trails, and parking areas must be designed parallel to natural contours with consideration to maintaining consolidated areas of natural topography and vegetation. Management of surface run-off caused by impervious cover shall be designed using practices delineated in the city's Best Management Practices Handbook. Within the Secondary Zone of the BCO district, areas with average slopes exceeding 25% shall be preserved in their natural state and maintained as permanent open space. Areas with average slopes less than 25% but greater than 10% shall not exceed an impervious surface coverage of 25%. Impervious coverage for areas where average slopes are less than 10% shall be governed by the underlying zoning district. Sec. 20 - 1466 Bluffs. Bluffs shall be preserved as provided for under Article XXVIII. Sec. 20 - 1467 Site Viewsc Through environmentally sensitive design such as "terrain adaptive architecture" (see Figure 1.), landscaping and site planning, site views both to and from the BCW district shall be preserved and enhanced to the greatest extent possible so as to maintain views that reflect and protect the natural beauty of the Bce District. Special attention should be given to views that are highly accessible to the public such as scenic overlooks, ridges and trails. Clustering of ,development away from natural overlooks is encouraged. Develop terrain-adaptive _ architecture for steep slopes. ~~ "On steery sloping sites, the ~...I~1 r~ltT~[. ~ propsed building should step ~,,~L~t~LA'I ~-d/Jl~'"' down the hillside. ~, w-~~ ~ . .,2 "~ ,' .... ~~ Side garage .. ~~i access requires less -~~ ~~"~.'~ - .t,~ d.sturbance, To rr,n~n-A¢ a p riva Architecture '"~--~~" iFigure 1. ".Published its A.PA ?~,S' i:o..p,:-,rt #4'3'5" Sec. 20 ~ 1468 Density clustering shall be allowed as a tool to facilitate cluster develop~nent within the Bluff Creek corridor. Density clustering may be used in areas where portions of the site are :unsuitable for development because of the location of the Primary Corridor. Density clustering shall not be allowed for areas that are otherwise considered unbuildable due to wetlands, lakes and other areas not suitable for building purposes. In areas where density clustering is applicable, density may be transferred to unconstrained parts of the site within land included in the Secondary Corridor, subject to the restrictions of this ordinance, and within land lying outside of identified corridor areas° Additionally, the following conditions may qualify for density clustering: a) Land slopes in the Secondary Zone that exceed 25% on average. b) Land. in the Secondary Zone containing stands of-native trees. c) Land with suitable natural habitat to endangered or threatened species or a fragile ecosystem. Traditional Development Pattern "Designing Open Space Subdivisions, Randall Arendt" Cluster Development "Designing Open Space Subdivisions, Randall Arendt" slgnlflcant natural reso,~rce industrial Cluster Development Sec. 20- 1469 Standards and Go. idel.;,.~.:,~:s for Slo. gte-.bam~ly A. ttachcd PUDs: Single-family attached, cluster, zero lo'~ line, and similar dwelling types shall only be allowed .on sites designed for low, mediUr:'~ or higk density residential uses by the City o£ Cha~.zb. asser), Comprehensive Plan. Sec. 20 - .~470 a) Natural habitat areas ,¢-~;~.5..i~'-~ ~he ~rima~~ ~.~on.~ ~L, eJ! be prese~zed as- i:,e~'~a:.er~:: - ~: .... _space. Any development that occurs shall be directly related to the continuous greenway along the creek from the Minnesota River to Lake Minnewashta as outlined in the Z~luff Creek I4/atershed Natural Resources Management Plan. b) Where possible, any disturbances of natural habitat areas within the Secondary Zone shall be avoided. Any alterations to the natural habitat within the Secondary Zone shall adhere to the practices delineated in the city's Best Management Practices Handbook. Sec. 20 - 1471 Natural Habitat Restoration Plan tf natural habitat areas located within the Secondary Zone will be disturbed during any stage of development, the applicant shall submit a detailed plan identifying the resources that will be disturbed and a corresponding restoration and/or mitigation plan. Such restoration might include wetland mitigation and replanting of habitat significant to endangered and threatened species. 'Sec. 20 - 1472 Open Space Requirements. Open space shall comprise 100% of the area located within the Primary Zone. The City will establish the boundary for the Primary Zone using data provided by the applicant. Sec. 20 - 1473 Structure Setbacks. All structures shall be setback a minimum of 40 feet from the Primary Zone. No disturbance · of the .site shall occur within the first 20 feet of such setback. SECTION 9. The boundaries of the district established by this chapter are delineated on the zoning map; the map and all notations, references, and date shown thereon are hereby adopted and made part of this chapter and will be on permanent file for public inspection at the Chanhassen City Hall. SECTION 10. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED on this 14th day of December, 1998, by the City Council of the City-of Chanhassen. ATTEST: Don Ashworth, Cl'ty~'Ianager Nancy Manci~o, Mayor (Published in the Chanhassen Villager on December 31, 1998) g:~dmin~ord~blulTord.doc City of Chanhassen N Bluff Creek -. ~, ... ._... '3. .. · -. i ,% Watershed Boundaries Bluff Creek Corridor Wetlands Primary Corridor Secondary Corridor Lakes River "An outstanding job...the most complete and well-documented book I've seen on the sub]ecL"--Robert Bruss, Syndicated Columnist 3 R D E D ! T I O N FENCES, TREES, BOUNDARIES & NOISE All the information you need to solve your neighbor disputes r . BY TORN EY,..~rl~A JORDAN l ~/9 ............................... . ........................... stUalqO.M ^,~O!A t?u!l)!OAV ~ I./~ ...................................... l)Ol:)OlO.M Xlle,~o-I ioN Z [/9 ......................................................... s~u-I le.~o-I 9 [/1~ ...................................................................... 17 [/~ ........................................................... Sl!t.u!-I 'lLl,'C!aH a:)ua-j 17 [/9 ........................................ SA~O!A POIO.~d APp,/ ~utl± SA~[~ .~Ot_llO ~: [/9 .................................................. UA~O ~noA uo Z' I./9 ............................... SUO!IU!3O$$V $.~OUA~OOU.~OH tUO.M dlOFt [ [/9 .............. lUt~uo^o9 paoC] ~ ol poi(Ink; sI OqAA In() l 1/9 .................................................. 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"suo!leln~.l ~LI!LIOZ &t{l jo Sclc)3 1~ l&~ tiled I~()A J! ao~ 'ell:Ltl ~u!uc)z 111 ~001 l)tll~ ]U~ttliJl?d~l) ~LUuu~ld Oil1 JO II~:q Alp ()i c)~ 'Anq 'aLUD atp Ill; su~ddl:tI~I '~l.'ml jo lno ~Ji; A~q~ pul: 'tU~lCloxl sBil I)Dll:d?[lUl~ 1,upet! Xldttl}S J3Jl~Jl~ I3UI~ ~3g[ 'Sglq~ pul: auolg ~a}a .s~atll ~u}mqdaJ 'xoldtuoa XJols-ual '~uH)UnCl-aaU ~ gac)~ dn sJeaS ~aj V 's~u}pj}ncl tun}u}u~oi>uo~ ~ols-ual s~c)lll: gtnuoz atp -Axc)tj 'ai:~i: s~oolcI Ua.L 'jaaaJ()j si ~ma atp imp 8Upll pui~ XlltUlg-al~UlS pauoz si AlJadoJd a!at11 Ii]ill ~()tl~ Xatl. i, 'ao!ad atp asutl:~.lnd 's.n:aA Aumu aoj ~U~AeS JalJ, 'laJl:g~l:N pul~ ~m~f:]~d~VX · j jo Xl.'cl ul',.') 1! lncI 'att~,-)Jlxo l!q ~ punos Al'.tu uc)}lni:o jo pupj S!tl.L b,aa!^ atp U}tlll~ ^Jarl^sAul: l!tU}l ltl,q}atI atp MV1 CIOOHSOflHDI.'IN ZONING § 20-481 Tributary Agricultural No Sewer Sewer Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if designed and approved as residential planned unit developments. Only land above the ordinary high water level of public waters shall be used to meet lot area standards, and lot width standards shall be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in subsections (1), (2) and (3) can only be used ff publicly owned sewer system service is available to the property. (Ord. No. 217, § 4, 8-22-94; Ord. No. 240, § 13, 7-24-95; Ord. No. 240, § 13, 7-24-95) Sec. 20-481. Placement, design, and height of structure. (a) Placement of structures on lots. When more than one (1) setback applies to a site, structures'and facilities shall be located to meet all setbacks. Structures and onsite sewage treatment systems shall be setback (in feet) from the ordinary high water level as follows: · Classes of Public Waters SewaEe Structures Treatment Unsewered Sewered System Lakes Natural environment 150 150 150 Recreational development 100 75 75 Rivers Agricultural and tributary 100 50 75 When a structure exists on a lot on either side, the setback of a proposed structure shall be the greater of the distance set forth in the above table or the setback of the existing structure. One (1) water-oriented accessory structure designed in accordance with section 20-482(e)(2)(b) of this article may be setback a minimum distance often (10) feet from the ordinary high water level. (b) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody. Setback From: Setback (in feet) (1) Top of bluff; (2) Unplatted cemetery; (3) Right-of-way line of federal, state, or county highway; and 3O 5O 5O Supp. No. 8 1195 § 20-481 CHANHASSEN CITY CODE Setback From: Setback (in feet) (4) Right-of-way line of town road, pub- 20 lic streets, or other roads or streets not classified. (c) Bluff impact zones. Structures and accessory facilities, except stairways and landings, shall not be placed within bluff impact zones. (d) Nonresidential uses without water-oriented needs. Uses without water-oriented needs shall be located on lots or parcels without public waters frontage, or, fflocated on lots or parcels with ~ublic waters frontage, shall either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (e) Design criteria for structures. (1) High water elevations. Structures shall be placed in accordance with any flood plain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or floodproofed shall be determined as follows: a. For lakes, by placing the lowest floor at a level at least three (3) feet above the .. highest known water level, or three (3) feet above the ordinary high water level,' whichever is higher;- b. For rivers and streams, by placing the lowest floor at least three (3) feet above the flood 'of record, ff data are available. If data are not available, by placing the lowest floor at least three (3) feet above -the ordinary high. water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flaws and to establish a flood protection elevation. Under all three (3) approaches, technical evaluations shall be done by a qualified. engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one (1) approach is used, the highest flood protection elevation determined shall be used for placing structures and other facilities; and c. Water-oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item ff the structure is construed of flood- resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind-driven waves and debris. (2) Water-oriented accessory structures. Each lot may have one (1) water-oriented accessory structure not meeting the normal structure setback in section 20-481(a) ff this water-oriented accessory structure complies with the following provisions: a. The structure or facility shall not exceed ten (10) feet in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks shall not exceed eight (8) feet above grade at any point. Supp. No. 8 1196 (3) (4) (5) ZONING § 20-481 .. b. The setback of the structure or facility from the ordinary high water level shall be at least ten (10) feet;. The structure or facility shall be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks-or color, assuming summer, leaf-on conditions; d. The roof may be used as a deck with safety rails, but shall not be enclosed or used as a storage area; e. The structure or facility shall not be designed or used for human habitation and shall not contain water supply or sewage treatment facilities; and f. As an alternative for general development and recreational development waterbod- les, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area of up to four hundred (400) square feet provided the maximum width of the structure is twenty (20) feet as measured parallel to the. configura- tion of the shoreline. Stairway, lifts and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up ad down bluffs and steep slopes to shore areas. Stairways and lifts shall meet the following design requirements: · a. Stairways and lifts shall not exceed four (4) feet in width 0ri.residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments; b.' Landings for stairways and hfts on residential' lots shall not exceed thirty-two (32) square feet in area. Landings large¢ than thirty-two (32) square feet may be used for commercial properties, public open-space, and recreational properties; c. Canopies or roofs are not allowed on stairways, lifts, or landings; d. Stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; e. Stairways, lifts, and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming Summer, leaf-on conditions, whenever practical; and Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems a. to e. are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. Significant historic sites. No structure shall be placed on a significant historic site in a manner that affects the vMues of the site unless adequate information about the site has been removed and documented in a public repository. Steep slopes. The planning director shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of Supp. No. 9 1196.1 § 20-481 CHANHASSEN CITY CODE sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions shall be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. (f) Height of structures. All structures in residential districts, ~xcept churches and nonres- idential agricultural structures, shall not exceed thirty-five (35) feet in height. (Ord. No. 217, § 4, 8-22-94) Sec. 20-482. Shoreland alterations. (a) Generally. Alterations of vegetation and topography shall be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (b) Vegetation alterations. (1) Vegetation alteration necessary for the construction of structures and sewage treat- ment systems and the construction of roads and parking areas regulated by section 20-484 of this article are exempt from the following vegetation alteration standards. (2) Removal or alteration-of vegetation is allowed subject to the follOWing standards: a. Intensive vegetation clearing within the-shore and bluff '_~npact zones-and on' steep' slopes is-not allowed. Intensive vegetatiOn clearing for forest land conver- sion to another use outside of these areas is allowable if permitted as part of a development approved by the city council as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cut-ting, pruning, and trimming of trees is allowed to provide a view of the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercrat~ access areas, and permitted water-oriented accessory structures or facilities, provided that: 1. The screening of structures, vehicles, or other facilities as viewed from the water, assuming leaf-on conditions, is not substantially reduced; 2. Along rivers, existing shading of water surfaces is preserved; 3. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards; and 4. The clearing be limited to a strip thirty (30) percent of lot width or thirty~ (30) feet, whichever is lesser, parallel to the shoreline and extending inward within the shore and bluff impact zones. (Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96) Supp. No. 9 1196.2 ~ GOPHER STA~ ONE CAU , T~ City ~ . Mn. T~I Fr.~ I-6~Z52-1166 ~ -. , 4 ~ ~ ~ =~ ~ ~ ~ xx '~ 'x~ xx' " '' ~ ~ J .... TE.----~ t x ' ~ ' t ~ x x ~ ·~+ ~ ' ~ ~ k<.,....,.' ~.,' ///',. kq~k~~,_~ ~-;~~~-~ ~ ', k ,~~,, ~ > > )~ ~ ~- . ,'% _ ~ ~.~ ~ .... ~%~::~/z ............ ~ '~~~,-'~~, ~.~' t~ ~ / ; ..... : ---.., [,-2~-~ . ~~.~__=-~,- .~.'~=,~ . ~ .. ,~" ~ t~~ ....I s ~ ~'~/~ '"' '~' '= ~ ~d ~ ...... .-5'- -,"- l I i] ~ , I I- i '~ ~'~ I~ I ~ ~ I" I tl,~ ~$ i I . / ' L,,~ ..... ~ = ...... ' ....... ~ X~'~ ............. ~= ......... ~ ~-,: ............ :~ I '~/ ,'/~ .... ~. 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