2. Discussion of Potential Code AmendmentsAdministration
MEMORANDUM
Phone: 952.227.1100
BACKGROUND
TO:
Planning Commission
Fax: 952.227.1310
CITY OF
Building Inspections
the Planning Commission for review and direction. The Planning Commission has
Phone: 952.227.1180
CHANHASSEN
FROM:
Robert Generous, Senior Planner
Fax: 952.227.1110
7700 Market Boulevard
DATE:
January 17, 2012
a
`
PO Box 147
Fax: 952.227.1170
Chanhassen, MN 55317
SUBJ:
Potential Code Amendments
Phone: 952.227.1140
Administration
Recreational vehicles may be parked or stored in a residential or agricultural district
Phone: 952.227.1100
BACKGROUND
Fax: 952.227.1110
Fax: 952.227.1310
Prior to proceeding with the actual code amendments, staff is presenting the issues to
Building Inspections
the Planning Commission for review and direction. The Planning Commission has
Phone: 952.227.1180
review responsibility for Chapters 18 and 20 of the Chanhassen City Code. We are
Fax: 952.227.1190
Fax: 952.227.1110
requesting that the Planning Commission review these portions of the code to
Engineering
determine if ordinance changes should be prepared. A public hearing is required to
Phone: 952.227.1160
make changes in these chapters.
Fax: 952.227.1170
DISCUSSION
Finance
Phone: 952.227.1140
Fax: 952.227.1110
1. Storage of Recreational Vehicles (Section 20 -910)
Park & Recreation Issue: Individuals have used their recreational vehicles for temporary living in
Phone: 952.227.1120 excess of seven days. As currently written, as long as the recreational vehicle is
Fax: 952.227.1110 moved for at least one day, it can be occupied for an unlimited amount of time in
Recreation Center seven -day increments. The proposed language would limit the overall use of the
2310 Coulter Boulevard recreational vehicle during an entire year. This language is similar to Section 20 -962
Phone: 952.227.1400 Camping Facilities of the City Code.
Fax: 952.227.1404
Recommendation: Staff is requesting Planning Commission direction on the
Planning & revision of the ordinance.
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110 Sec. 20 -910. - Storage of recreational vehicles.
Public Works
Recreational vehicles may be parked or stored in a residential or agricultural district
7901 Park Place
provided the following conditions are met:
Phone: 952.227.1300
Fax: 952.227.1310
(1) No more than one recreational vehicle may be parked or stored outside on a
residential lot. Additional recreational vehicles may be kept within an
Senior Center
enclosed structure which otherwise conforms to the zoning requirements of
Phone: 952.227.1125
Fax: 952.227.1110
the district.
Web Site (2) Recreational vehicles must be maintained in a clean, well -kept, operable
www.ci.chanhassen.mn.us condition.
(3) Recreational vehicles shall be mobile and shall not be permanently affixed in
the ground in a manner that would prevent removal.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
Potential Code Amendments
January 17, 2012
Page 2 of 7
(4) Recreational vehicles may be parked or stored only on the rear or side yard behind the
required front yard setback. The parking or storage of recreational vehicles on the rear or
side yard, as permitted herein, may be on surfaced or unsurfaced areas.
(5) Recreational vehicles may be stored on a lot without regard to the location on the lot for
the sole and express purpose of loading and unloading for a period not to exceed 24
hours.
(6) Unmounted slide -in pickup campers must be stored no higher than 20 inches above the
ground and must be securely supported at least at four corners by solid support blocks or
support mechanisms.
(7) Recreational vehicles may not be occupied or used for living, sleeping or housekeeping
purposes, —for not more than seven consecutive days or more than 21 days within a 365 -
day period.
(8) Except for routine maintenance or during emergency conditions when power supply is
disrupted, the operation of a recreational vehicle power generator plant shall not be
permitted in residential districts. Routine maintenance periods shall not exceed 60
minutes per month.
2. Ballfield Lights Height (Section 20 -913 (c) (2)).
Issue: Light standards for ball fields limit the height of the fixture to 65 feet. However, for
efficiency and effectiveness, the light may have to be higher. The tallest light pole at Lake Ann
Park is 75 feet with the light fixtures on top of the pole.
Recommendation: Staff is requesting Planning Commission direction on the revision of the
ordinance.
Sec. 20 -913. - Lighting.
(a) Glare, whether direct or reflected, as differentiated from general illumination shall not be
visible beyond the limits of the site from which it originates.
(b) No light which is flashing, revolving or otherwise resembles a traffic- control signal shall be
allowed in any area where it could create a hazard for passing vehicular traffic.
(c) Lighting fixtures on poles shall comply with the following:
(1) All fixtures must be shielded, high pressure sodium or light- emitting diode (LED), with a
total cutoff angle equal to or less than 90 degrees.
(2) Fixture height shall not exceed 30 feet. Recreational facility fix tures light poles shall not
exceed 6-5 75 feet in height.
Planning Commission
Potential Code Amendments
January 17, 2012
Page 3 of 7
(3) Photometrics shall incorporate existing light fixtures, public or private, that may impact
the site.
(4) All outdoor light fixtures existing and legally installed prior to February 22, 1999, are
exempt from the requirements of this article, unless work is proposed in any one -year
period so as to replace 50 percent or more of the existing outdoor light fixtures, or to
increase to the extent of 50 percent or more the number of outdoor light fixtures on the
premises.
(d) Wall- mounted lighting in commercial, industrial and institutional districts shall comply with
the following:
(1) All wall- mounted light fixtures shall be shielded with a total cutoff angle equal to or less
than 90 degrees.
(e) Lighting shall not be directed skyward except for lighting designed for illuminating the
United States of America Flag.
3. Decorative banners affixed to buildings or light poles. (Sec. 20 -1255. - Signs allowed without
permit)..
Issue: Except in a planned development or on city light poles, the city does not permit the use of
decorative banners within a development except as permitted under the temporary sign permit.
Occasionally, we have received requests for the use of these banners on light poles, but the
ordinance currently does not address them. Staff is requesting Planning Commission input and
direction on creating standards to permit such use. Following are standards that have been
approved as part of the Village on the Ponds development, which may be appropriate citywide.
Festive Flags/Banners
1. Flags and banners shall be permitted on approved standards attached to the building facade
and on standards attached to area lighting.
2. Plastic flags and banners are prohibited.
3. Flags and banners shall be constructed of fabric.
4. Banners shall not contain advertising for individual users, businesses, services, or products.
5. Flags and banners shall project from buildings a maximum of two feet.
6. Flags and banners shall have a maximum area of 10 square feet.
7. Flags and banners which are torn or excessively worn shall be removed at the request of the
city.
Planning Commission
Potential Code Amendments
January 17, 2012
Page 4 of 7
Recommendation: Staff is requesting Planning Commission direction on the revision of the
ordinance.
4. Driveways (Section 20 -1122 (1) and (8) (e)).
Issue: The problem we are having is that
driveways located on narrow lots and outside
edges of public streets cannot meet the
ordinance as written. We need to add some
language to this ordinance to address these
issues.
Narrow lots: One option is to restrict the side
yard setback for driveways to the minimum
structural setback on the lot with the ability to
reduce that on smaller frontage lots with a
caveat that snow storage will not be allowed on
another's property but must be stored within
their lot (8d).
Sec 20 -1122. - Access and driveways.
The purpose of this section is to provide minimum design criteria, setback and slope standards
for vehicular use. The intent is to reduce interference with drainage and utility easements by
providing setback standards; reduce erosion by requiring a hard surface for all driveways; to
limit the number of driveway access points to public streets and to direct drainage toward the
street via establishment of minimum driveway slope standards. Parking and loading spaces shall
have proper access from a public right -of -way. The number and width of access drives shall be
located to minimize traffic congestion and abnormal traffic hazard. All driveways shall meet the
following criteria:
(1) Driveways shall be setback at least ten feet the structure setback from the side property
lines, except on lots that access off of a cul -de -sac "bubble ", the outside curve of public
street, neck or flag lot or on smaller width lots in the RLM, R -8, R -12, R -16 or PUD-
R districts where the lot frontage may prohibit meeting the side yard setback
requirement. Beginning 20 feet from the front property line, driveways may be setback a
minimum of five feet from the side property line or the distance of the existing drainage
and utility easement on the particular lot or parcel. Encroachment into a side yard
drainage and utility easement must be reviewed and approved by the city and may require
an encroachment agreement.
(2) Driveway grades shall be a minimum of one -half of one percent and a maximum grade of
ten percent at any point in the driveway.
(3) Within the right -of -way driveways should access city streets at 90 degrees.
Planning Commission
Potential Code Amendments
January 17, 2012
Page 5 of 7
(4) In areas located within the Metropolitan Urban Services Area (MUSA) as identified on
the comprehensive plan, driveways shall be surfaced with bituminous, concrete or other
hard surface material, as approved by the city engineer. In areas outside the MUSA,
driveways shall be surfaced from the intersection of the road through the right -of -way
portion of the driveway with bituminous, concrete or other hard surface material, as
approved by the city engineer.
(5) On corner lots, the minimum corner clearance from the roadway right -of -way line shall
be at least 30 feet to the edge of the driveway.
(6) For A -2, PUD -R for single - family detached houses, RR, RSF, R -4 and RLM for single -
family detached residential uses, the width of the driveway access shall not exceed 24
feet at the right -of -way line. No portion of the right -of -way may be paved except that
portion used for the driveway. Inside the property line of the site, the maximum driveway
width shall not exceed 50 feet. The minimum driveway width shall not be less than ten
feet.
(7) For all other uses, the width of the driveway access shall not exceed 36 feet in width
measured at the roadway right -of -way line. No portion of the right -of -way may be paved
except that portion used for the driveway.
(8) Driveway setbacks may be reduced subject to approval by the city engineer and the
following criteria:
a. The driveway will not interfere with any existing drainage swale or easement in
which a utility is contained;
b. Shall require an easement encroachment agreement from the engineering department;
c. The driveway must be designed to maintain stormwater drainage runoff on the
property to ensure that it will not cause runoff onto adjacent properties;
d. Snow storage may not be placed on adjacent properties; and
e. Lot frontage on lots that access off of a cul -de -sac "bubble ", the outside curve of
public street, neck or flag lot or on smaller width lots in the RLM, R -8, R -12, R-
16 or PUD -R districts which do not permit adequate driveway access width or side
yard setback.
(9) Accessory driveways shall be maintained as natural grass or be constructed of
bituminous, concrete, or paver surface.
(10) One driveway access is allowed from a single residential lot to the street.
(11) A turnaround is required on a driveway entering onto a state highway, county road or
collector roadway as designated in the comprehensive plan, and onto city streets where
this is deemed necessary by the city engineer, based on traffic counts, sight distances,
street grades, or other relevant factors. If the engineer requires a turnaround, this
requirement will be stated on the building permit.
(12) Separate driveways serving utility facilities are permitted.
Planning Commission
Potential Code Amendments
January 17, 2012
Page 6 of 7
(13) All driveways must be constructed in accordance with current construction
requirements /details. A driveway permit is required when any alteration is made to a
driveway in the public right of way. A zoning permit may be required for any other
driveway work not in the public right -of -way along with other requirements to determine
if the improvement will meet zoning ordinance requirements of the particular lot or
parcel.
Recommendation: Staff is requesting Planning Commission direction on the revision of the
ordinance.
5. Article VI, Wetland Protection
Issue: Recent changes in Local Water Management Plans (LWMP) for the Minnehaha Creek
Watershed District and the Carver County Watershed Management Organization require that we
review and update our Surface Water Management Plan and local controls to be in compliance
with the Watershed Management Organization (WMO) LWMP. Alternatively, the City may
revert control for certain aspects back to the WMO. In addition to changes in the LWMP,
Chapter 8420 of the Minnesota Rules was changed in 2009. This chapter is the Board of Soil
and Water Resources Wetland Conservation Act (WCA) rules. As our code references WCA,
we will need to review and update accordingly.
There are several possible directions the Chanhassen could chose to move in.
1. Adopt the most restrictive wetland protection rules City wide. This would be the
Minnehaha Creek Watershed District Rules. While there is limited development
potential within the MCWD portion of Chanhassen, this is not the case city wide.
2. Make no changes to our rules and allow both entities to assume responsibility for
enforcement of their wetland protection rules within that portion of Chanhassen under
their jurisdiction. This would result in three separate sets of wetland protection rules
within the Chanhassen — more if the other WMOs with jurisdiction were to adopt rules.
3. Make some changes city wide to minimize the return of control to other agencies.
Staff is recommending Option 3. This would allow for meeting the Carver WMO rules; make
our rules more consistent with MCWD; and clean up language to be consistent with today's
engineering practices and the recently updated MN Wetland Conservation Act. This could be
accomplished with minimal changes to Chapter 20 and our 2 nd Generation Surface Water
Management Plan without placing any unnecessarily prescriptive standards on land owners.
The proposed changes will generally be to the following:
1. Increase buffer for Manage 3 from 16.5 feet (a length based solely on the length of the
rod) to 20 feet. (§ 20 -411)
2. Clarify how buffer averaging is to be applied. (§ 20 -412)
Planning Commission
Potential Code Amendments
January 17, 2012
Page 7 of 7
3. Define when monuments are to be placed and how surety funds will be applied and
released. (§ 20 -411)
4. Clarify accessory structure setback. In particular if a parking lot or driveway should be
allowed to encroach half of the setback. (§ 20 -411)
5. Clarify what is to be included in the buffer landscaping plan. (§ 20 -412)
Recommendation: Staff is requesting Planning Commission direction on the revision of the
ordinance.
g: \plan \city code\2012 \pc memo 1 -17 -12 potential code amendments.doc