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1 View Protection OrdinanceCITYOF CHANHASSEN 690 Cig Center Drive, PO Box 147 Chanhassen, Mi, nesota 55317 Phone 612.937.1900 General Fax' 612.937.5739 Engineering Fax 612.937.9152 Pnblic SafeO, Fax 612.934.2524 Web www. ci.&anhasse,.m,.ns MEMORANDUM TO: FROM: DATE: RE: Planning Commission Cynthia Kirchoff, Planner I February 10, 1999 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 view 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 limited. 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 will attempt to provide an overview of view protection ordinances by reviewing terminology, analyzing ordinances from California, Colorado, Washington and surrounding lake shore communities and legal aspects of these types of ordinances. Staff seeks direction and feedback from the Planning 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. The Cit~ of Chanhassen. zt growing commt~m~ w/th dean [akes, quahh, schools, a charming downtown, thriving businesses, and beautZd parks. A ~,'eat place to live, work, and play. Planning Commission February 10, 1999 Page 2 Covenants: "A restriction on the use of land usually set forth in the deed." Book of Development Definitions) (The New Illustrated 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: corridor planning, roadway design, lighting, utilities, grading, vegetation and signing. The purpose is to preserve a sense of open space and important scenic and visual resources identified by the community. ~- · Denver Mountain View Ordinance(Building and Building Regulations)_(Attachment 3). The purpose of this ordinance is toprotect 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. · Tacoa'm V4c-w-Stntsia've 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 Planning 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 three 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. However, 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 ora 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. V-iew~s x:o.atr/J:mteXo ~ 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 environment by substantially enhancing property values. Planning Commission February 10, 1999 Page 4 Views and vistas add to a community's sense of place and image which, in turn, 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: 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 Corridor. 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 preserve :the _fearer, es. · Minnesota Department of Natural Resources (DNR) Shoreland Management Program (Attachment 4) Planning 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 Ia]). 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 shrubs 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 [b]). In addition, both the subdivision and zoning ordinance prohibit clear cutting of property. · Lake Minnetonka-Area View Protection Ordinances Obviously the communities surrounding Lake Minnetonka would have to comply with the statewide standards. Staff surveyed Lake Minnetonka-area communities to determine if they adopted specific view protection ordinances. Even though Lake Minnetonka 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 Ciearcutting prohibited; No fences within lakeshore setback Requires CUP for shoreland development in PUD districts (see Attachment 5) Chanhassen No view protection ordinance PUD ordinance amendment; Bluff Creek Overlay District Require underground utilities Planning Commission February 10, 1999 Page 6 · Proposed Lake Shore View Protection Ordinance (Attachment 6) This ordinance was prepared by attorney Karen Marty on behalf of Mr. Bruce Johansson. 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 of a view could object to the construction of an addition based upon the fact that property value may be decreased. Does this also apply to vegetation growth? There is a reason that view protection ordinances are limited in number. 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, all setbacks, etc.) staffmust 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 10, 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 very 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 become 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 abetter view of the lake, when in fact they have no right to view the lake. ANALYSIS The local government 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 community. 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 of a property. Staff believes that the shoreland regulations offer sufficient protection for the protection of lake views. Protection Planning Commission February 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 Marty 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 design review regulations, many com- munities are recognizing the need to go 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 svecial 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 pu'b'lic 'bufl~lings presi~Iing over all other structures. There is commerce in'Washington/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?8 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 place 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 matmnot 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 surpris.ed 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. LEGAL ASPECTS It is well-established in most jurisdictions that locali- .ties have authority, under their police power, to impose .restrictions to protect scenic views and maintain a high standard of design along certain roadways. Tvvicallv, height controls are the primary protective tool, but com- munities are now more often relying on others, some of which are linked to environmental protection. Thus, some hillside protection laws not only protect special views but prevent development on steep slopes that might cause ero- sion and other damage to natural areas. As noted above, attempts to protect the views of cer- tain important structures, like state capitols, 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? 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 primary issue involved is whether 'the regulations are so stringent as to deny all reasonable Use and thereby effect a takir~. In one cas~, the court ruled that aesthetic considerations alone were enough to uphold 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). . ~0. Welch v. Swasey, 79 N~E. 745 (1907), aff'd 214 U.S. 91 (1909). 31. Levanthal v. Buehler, 191 N.E.2d 128 (N.Y. 1963). 18 view of certain lakes? More recently, a challenge to Denver's mountain view 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. 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. 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. _C-enerallv, 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? ,The city had enacted a hillside protection ordinance that .severely 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 oven 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- tiffs land was in the conservation area. ::~4. Corrigan v. City of Scottsdale, ,,7.2.~ .P..2d-528 (Ariz. App. 1986), af'f'd in part, rev'd in part, 720 R2d 513 (Ariz. 1986). 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 Corrigan decision is limited in applicability 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 INNOVATIONS ~anv localities have enacted view protection ordi- nances in the form of hei~,ht controls on commercial build- i. ng_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 being 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 5,434 feet above sea level plus one foot for each 3.00 feet the structure lies from a reference point within the park. In practice, apartment buildings 300 feet from the refer- ence point a~.d at the same base elevation could be a maxi- mum 30 feet 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~4~ustin ~apitol ~ie, w orclinance~designed to protect views-of -the state capitol building from vari- ous vantage points around town--is quite similar to the 19' The view of the Rocky Mountains from Cranmer Park (above) is protected by Denver's ordinance. Originating in England, the idea of protecting open spaces has a long history. "Greenbelts" (below) have long been protected around cities; this one is in Colorado. 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. Th~ 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 (stationary-- 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 tan 0 a a' - -- RS = Review Site b b' a : 653' - VP elevation tan0 × b' = a' b = Distance, VPto capitol a' - e = h c - Sightline to capitol e -- RS elevation · -- VP elevation ~ a' a a' = VP elevation Vv_~f._..~ to sightline at RS · b' -- Distance, VP to RS 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 sightllne 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: 1. 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 ing plan. Special size and height limits apply as does a prohibition on flashing signs~ Principal Roadwa~/s. Only one freestanding com- mercial sign is permitted on each parcel; a 1,000- foot spacing requirement exists for off-premises signs. Capital of Texas Highway. Only monument-style signs with maximum of two colors are allowed. Signs must be of natural color, and materials must be compatible with surrounding environment. No flashing or neon signs or internal lighting are per- mitred. The city of Albuquerque has enacted similar compre- hensive guidelines for development along Coors Boule- vard, a principal traffic arterial, to protect views of the Sandia Mountains and Rio Grande River Valley and to ensure quality developments. The plan defines view planes and then prohibits buildings from penetrating these view planes. Landscaping must also be designed so as not to intrude into the view planes. Other special guidelines relating to architectural design, signs, landscaping, and other site plan elements are also set forth. The plan is cur- rently being revised due to some difficulties in applying the design guidelines, which have not been followed by all developers. The guidelines will probably be tightened into mandatory standards. In addition to these local efforts, some states have cre- ated scenic roadway programs. The Connecticut Scenic Roadway Act (1981, P.A. 81-401, Sec. l) allows local governments to give scenic designation to unpaved road- ways that are free of intensive commercial development and vehicular traffic and that cross brooks and ponds, are bordered by large trees and stone walls, or offer sce- nic views. A majority of landowners along the designated portion must voluntarily agree to such designation. Once a road.is designated, the local government may control future alterations and improvements of the right-of-way and removal of stone walls and mature trees. Special pro- visions of the law apply to routine maintenance and emer- gencies. 22 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 I these values and to assure exclusion of incompatible uses. The purpose of this Scenic Overlay District is to implement the ~olicies of the General Plan Environmental Resources Management Element by preserving a sense of open space and scenic importan~ and visual resources identified by the co~munit¥. SECTION 17..04.020 Application. In any base district where the district symbol is followed by, as a part of such symbol', par.n-.. thetically enclosed letter, "S," thus (S), the additional require- 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. 17.04.030 Uses Permitted. All in the base SECTION uses district are subject to approval by the Planning Commission 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: The natural and aesthetic aspect of the site shall be retained and incorporated in~ all development plans; 2. Lagoons, water courses, wetlands, and wildlife habitats ~hmtt .be maintain~ and ~rut~ed where feasible; 3. Developments shall be c.f a design which acts to preserve scenic vistas and viewpoints and to minimize any detrimental impact to hillsides and open space. ~ents shall be of a design, blends and e~ances the x~d%ewshed and the existing B. Roadwa~ de~i.g~. ® Streets a;u~ highwa~ shall be designed in a'manner which acts to minimize t/us adverse visual and physical impacts t~e roadway will have on the scenic corridor~ Scenic turnouts shall be provided at appropriate vista or viewpoint locations~ Pedestrian, equestrian and b~cycle trails shall be included in conformity with the General Plan~ 4. All 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 unenc~mhered use of the trails and greenbelts~ ~ 5. Access points shall be l~mited along, a scenic highway. , C. Lighting: 1. Lighting within the ((S). "Scenic" D~strict shall adhere to the lighting regulations provided for in the base zoning district~ .=~. 2. Ail 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. '~'~ o' "~ D · ~ 1. Where practical, all' new utilities, including the . linkage between main line and"structures, shall be' underground. .. ..'~" E. Grading= natural grade rathex' than graded building pads~ terrace, step-type buildXng pads which substantially alter the'natural contours shall be prohibited~ 1. Si~ing and location of:'roads, buXldXngs and other structures shall be engineered to minimize grading and to retain existing landforms, and.-characteristics in a natural state~ ..:.~ .... ::' . .~.-- ~. Development pro~ects shall be desXgned to utiliz~ the 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: Ge Landscape. plans shall &ttempt 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; Se 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 recIuired 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 existin~ 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 surroundin~ areas within which such views are preserved; 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 inr~u~trrd htrre, wre Two cfr'the several maps that help illustrate the orclinance restrictions. bo 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 mar) indicated by 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 lvart of a structure is horizontally Oistant 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 by 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 vio"lation thereof; and every omission, neglect, or con- tinuance of the thing commanded or prohibited for 41 twenty-four (24) hours shall constitute aseparate 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 com- 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 people; 2. That it is desirable to preserve the integrity of the ~ivic center and to protect the ol~enness 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 l~ublic 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 ~omplex; 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, § 646.4-1) 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: 1. 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 str~cture within .the 4flea ,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 ~ORELAND O~RICT STATEWIDE STANDARDS The Minnesota Department of N'atural Resources Statewide Standards affect all lakes greater than 25 acres (10 acres in municipalities) and rivers with a drainage area two square miles or ~reater. These standards set guideiines for the use and development of shoreland property including: a sanitary code, minimum lot size, minimum water frontage, building 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 Contents C') 1998 Minnesota Department of'Natural Resources. All rights reserve& P!eg~ send us~_your corng3_ents, http://www~dnr~state~mn.us/waters/sh~re~anc~~management/sh~re~and-management~htm~ 2/8/99 Minnesota DNR - Trails and Waterways:Guide to Shoreland Management: Page I of 2 STATEWIDE SHORELAND MINIMUM STANDARDS Table 1: LAKES- (Sewered) Lake Class Lakeshore Natural Environment Recreational Development General Development 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 Non-Lakeshore Lot Lot Area Struc./Sewer Impact Lot Lot Area Width (sq. feet) Setback (ft.) Zone Width (sq. feet) (feet) (feet) (feet) Natural 200 80,000 150/150 75 200 80,000 Environment Recreational 150 40,000 100/75 50 150 40,000 Development General 100 20,000 75/50 37.5 150 40,000 Development Table 3: RIVERS River Class River Shoreland Lot Width Structure Setback Impact Zone Sewage Setback (feet) (feet) (feet) (feet) Remote 300 200 100 150 Fores'ted 200 1'5'0 75 100 Transition 250 150 75 100 http://www.dnr.state.mn.us/waters/shoreland_management/standards.html 2/8/99 Minnesota DNR - Trails and Waterways:Guide to Shoreland Management: Page 2 of 2 Agricultural 150 Urban & 75/100' Tributary *Sewered / Unsewered 50/100' 25/50* 75 50/100' 25/50* 75 Note: Setbacks and the Shore Impact Zone are measured from the Ordinary High Water Level (OHWL)~ Back to Intro Forward: Standards Contents ,:il;, 1998 Minnesota Department of Natural Resources. All rights reserved. Please ~end us~vour comments. ' http://www.dnr.state.mnoUS/waters/shoreland__management/standards.html 2/8/99 Minnesota DNR - Trails and Waterways:Guide to Sho...: Evaluating Shoreland Managemen Page 1 of 2 EVALUAT1NO 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 information: local government units, the DNR (Division ofFish and Wildlife has extensive data on most water bodies), county extension offices of the University of Minnesota, and the district offices of the U.S. Soil Conservation District. "ttow do local zoning ordinances affect shoreland properB,?" 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, commercial, 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 h~gh 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://www.dnr, state.mn.us/waters/shoreland_management/evaluating_shoreland.html 2/8/99 Minnesota DNR - Trails and Waterways:Guide to Sho..o: 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 Impact 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 may not be worth the efforto Back to Intro Forward.' Flo0~glainManagement home:Contents (© 1998 Minnesota Department of Natural Resources. All rights reserved. Please send u_s~your comments. http://www.dnr, state.mnous/waters/shoreland management/evaluating_shoreland.html 2/8/99 § 18-78 CHANHASSEN C1TY CODE All utility lines for telephone and electrical service shall be olaced underground or where this is not feasible shall be placed in rear lot line easements when csrried 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. (b) 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 requirements. (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. (f) 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 o~oen s. pace for park and recreation purposes is providediu a ~roposed 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 § 90-481 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) ~ejght of structures. All structures in residential districts, except churches .nd 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) GeneralI¥. Alterations of vegetation and topography shall be regulated to prevent ..erosion into ~ublic waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, orevent 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 ~lteration standards. (2) Removal or alteration of vegetation is allowed subject to the followingstandards: a. Intensive vegetation clearing within the shore and bluff imoact zone_a_~4~_n steeo 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 cutting, pruning, and trimmin~ of trees is allowed to l~:o_yid.e_..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 ..thai;: 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 inw. ard -_within the shore and bluffimpact zones. (Ord. No. 217, § 4, 8-22-94; Ord. No. 251, § 1, 4-8-96) Supp. No. 9 1196.2 CITY OF EXCELSIOR 612 4?4 6300 Po01 Section 1015:30 Subd. 3 (b) (eon't) sources of light illuminating authorized illuminated signs; light standards for illuminated parking aream, 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 1015:35 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 forty-two (42) inches hiqh in front yar~s, a~d 'not more than seventy-two (72) inches high in other yards, provided, no fence shall unreasonably block the view from adjoining property of a lake, park or other natural amenity. ~h~ provision ~ha]] nn~ p~vent the .City Council from permitting variances as .provided by this Ordinance or requirinq 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 - Essential Services - Essential services shall be permitted as authoriZed'and ~equlated by state law and ordinances of the City of Excelsior. 7-28-1998 1.-,4.4PM FRO~4 CITY OF WAYZATA ,4-04 S318 'P. 1 Shore and bluff impact zone deficiencies must be eva!ua~ed and reasonable improvements made as part of the conversion° These improvements must include, where applicable, the following: Removal of extraneous buildings, docks, or other facilities ~hat no longer need zo ~e located in shore or bluff impact zones; Remedial measures ~o correcu erosion sites and improve vegetative cover and screenin~ of buildinqs and other facilities as viewed fr~m she wa~er; and If existing dwelling units are located in shore or bluff impact zones, conditions shall be a~ached ~o approvals of con~zersions that preclude exterior expansions in any dimension or substantial a!%eraticns. The conditions must also provide for future re!ecs%ion of dwelling uni:s, where feasible, to o~her !oca~ions, meeting all setback and elevation re_quirements when ~hey are rebui!~ or replaced. Existin9 dwelling unit or dwei!in9 site densities chat exceed standards in Section 801.91.!7 may be allowed uo continue but must not be allowed ~o increase, either .a~ the time oi conversion or in the future. Efforts must be made during ~he conversion to limit impac:s of high densities by improvin~ vegeta:ive screening, centralizing shore recreation facilities, or other means. 801.g!.18:PLANNED UNIT DEVELOPKENT DISTRICT: Mixed use Planned unit developmen~ ~is allowed ~or integration and coordination of land parcels as well as she combination of Varyin~ ~..vpes of residen%ia! and commercial uses: AoollcD~OnJ~roc.d~res Applications and procedures ~or a planned unit development dis=riot in the shoreland area shall be consistent wi~h Sections 80~.90, 801.33 and 80!.91.17 regarding planned unit development. The DNR s~aii be notified of rezoning to a PUD as required in Sectio~'801.gl.22, 801.91.19:SHORELAND I~ACT PLA.N/CONDITIONAL USE PER1HIT: Sh~:re~gDd ImPact Plan. Except for situations listed below, landowners or developers desirin~ to develop land or construct any dwelling or any other artificial obstruction' c~ land located within any Shoreland District within the City of Wayzata shall first submit a conditional use permit 7-20-1998 l:4SPH FROM CITY OF WAYZATA P. 2 application as regulated by Section 801.04 of ~his Ordinance and a plan of development, hereinafter referred to as "Shoreland Impact Plan", which shall set forzh proposed provisions for sediment control, water management, maintenance of landscaped features, and any additional matters intended to set forth proposed chan~es requested by ~he applicant and affirmatively disclose what, if any, change will be made in the na~urai condition of the ear:h, inctudin~ loss of chan~e of earth ~round cover, destruction of trees, ~rade courses and marshes. The plan shall minimize tree removal, ~round cover change, loss of nature! vegetation, and ~rade chan~es as much as possible, and shall affirmatively provide for the relocation or replantin~ of as many trees as pos~ibie which are proposed to be removed. The pu~ose, cf ~he shoreiand imDac~ plan .shall be ~o eliminate and minimize as much as possible Dotentia! pollution, erosion and siltation° B. E.xcep~ions ._ i. No conditional use permi~ or shoreland impact Plan shall be required for the deve!opmen~ of permitted accessory uses contained within the R-IA, R-~,, R-2 and Districts. 2. No conditional use pe~it or shor,iand impac5 plan shall be re~ired for ~he developmen~ of peri,ted principal uses contained within ~he zonin~ diszricts, provided that such uses are const~cted on s~andard !o~s and in compliance Wi~h the standards of ~his Ordinanc~ and all such uses are so,iced with p~lic sani~a~ sewer. p~ ~.~ ~.o.~s.._. ~ ~~p~-on~.-use~.~,.~e~s~.O~ :.cons u~a~~:,:~$.ecr~on shall be s~D ec~ to ~he ~oi~ cwinc The projects shall be analyzed to deters/ne the impact of impervious surfaces, storm waEer runoff, floodplain, and water quali~y imp!ice,ions. On!y'~hos~ projects shall be allowed where ~he adverse impaczs have been mi~iqazed through approved means ~o ~he extent possible. Storm.water treatment measures inc!uding, bu~ not !imi~ed to, .sediment basins (debris basin~), desi!~in~ basins or silt traps, installation of debris guards', and microsi!t basins on s[orm wa~er inlets, oil skimm/ng devices, e~c. shall be recruited subject ~o the' review of the City -En~neer and the Minnehaha Creek Watershed District on projec.~s where applicable. Projects shall be analyzed in terms of'provisions for maintenance and enhancement of landscape feazures, and chan~e in the natural condition of ~he soil, trees, 9rede courses and marshes. The v~getative planting plan shall contain trees, when fully mature, that will exceed the 7-29-1998 1:46P~ FRO~4 CITY OF WAYZATA 484 5318 P. 3 building height. The plan shall also minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible, it shall further provide for the relocation or replanting cf trees which are proposed to be removed. Projects shall be analyzed, in terms of the appearance of the structure when viewed from the lake's surface. Building materials, and color shall be analyzed to determine which facade and roof materials minimize the appearance and blend the structure into the shoreland and vegetation. Building heights shall be analyzed. to determine the impact on surroundin~ structures and views from the lake surface or other shores. $:ructures shall not be allowed ~o exceed a height beyond what is allowed by the base zoning district or cannot be screened by landscaping or other design measures. Residential densities cna project basis shall not be allowed to exceed the maximum allowed density of ~he base zoning district for which the projec~ is proposed. For higher density residential development and planned unit developments, the density shall not be allowed to exceed the density standards as specified in the R-5 Dis=riot of ~his Ordinance. Lot coverage on a project basis s. hai~ be restricted ~o ~he provisions for maximum impervious surface coverage as provided for in this Ordinance. Overall residen~ia! densities in the shoreland area shall not exceed the su.~pluS development .capacity for residential density, as calculated for Lake Mi~netor~ka, Gleason and Peavey Lakes, as specified .an the Wayzata Comprehensive Plan/Shore!and Management Plan, as may be amended. Overall lot coverage in the shoreiand area shall not exceed the surp%~s development capacity for impervious surface coverage calcula=ed for Lake Minnetonka, G!eason and Peavey Lakes, as specified in the Wayzata Comprehensive Plan/Shoreland Managemen~ Plan, as may be amended. .~' The project shall be assessed as to ~he type and exten~ of imPaCt on public water surface use, including type and number of'e.~pected wa~ercraf=, and safety issues related. -to ~c-co~modating these watercraft. Ail projects shall be in conformance with ~he Management ~lan ~or..th¢ City of wayzata, May 1988, as.may be amended and/or approved by the City Engineer. 7-2¢-1998 'l:46PM FROM CITY OF WAYZATA 404 6318 12, All projects shall be in conformance with the Wayzata Comprehensive Plan/Shore!and Management Plan, as may be amended. 13. Ail projects .sh~ll be subject to the review of the Minnehaha Creek Watershed District. 801.9!.20:VARIANCE: Variances may be granted by the City Council in accordance with Section 801.05 of this Ordinance in extraordinary cases, but only when the proposed use is determined to be in the public interest. The following addi~iona! criteria shall apply within shore!and areas: A. Result in the placement of an artificia!~obstruction which shall restrict the passage of sto_~m and flood water in such a manner as to increase the heigh~ of flooding, except obst~¢ctions approved by the U.S. Army Co~ps of Engineers in conjunction with sound floodplain ran.a~.en~'. Result in incompatible land uses or which shall be detrimental ~o ~he protection of surface and ground water supplies. C. Be not in keeping wish !and use plans and planning objectives for the City of Wayzata or which shall increase cr cause danger to life or property. Do Be inconsistent with the objectives of encouraging !and uses compatible with the preservation of the natural land vegetation and ~he marshes and wetlands within ~he City of wayzata. Shall constitute a hardship as defined in Section 801.05 of this Ordinance. No permit or variance shall be issued unless'the applicant has submitted a Shore!and Impact Plan as re_cuirgd and set forth in this Ordinance. In granting any variance, the City Council may attach such conditions as they deem necessary to insure compliance with the purpose and intent of this Sec~ion~ 801.9!.21:SUBDIVISION/PLATTiNG PROVISIONS: Lane Sui~abi.l~v. Each lot created, through subdivision, X~!udin~lanned unit developments aut~orize~ under Section 801.~I.17 ~f ~his 0rdinance~ shall be suitable i~i~snatura! sta~e for the proposed use wit% min~.mal alteration. Suit~bi!ity analysis by the local unit of goue_~n~en= shall consider susceptibility to flooding, existence of wetlands, soil and susceptibility =o flooding, existence of weslands, soil and rock formations with severe !imitations for development, severe erosion potential, steep ~opography, ........ ~,, ~ ~=wace removal capabilities, near ORDINANCE NOo 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, which 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° Section 2 - Effective Date. and publication. Passed in Minnesota, held this day of This ordinance becomes effective from and after its passage session of the City Council of the City of Chanhassen, ,1998. Attest: Approved as to form: Published in the Mayor of the City of Chanhassen City Clerk City Attorney on the __ day of ,1998. 7 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 with 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 buildi.ngs 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 ofthe 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) of the 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 1.0. 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 siteOs 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 Plano 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 development 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. o 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 lot 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 Nancy K. Mancino, Mayor (Published in the Chanhassen Villager on 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: 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° 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 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. Ecosystem 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 wetlands, 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 modem 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 Primary Zone° SECTION 4. Section 20-201 of the Chanhassen Code is amended by addi, ng the following special district: BCO, Bluff Creek Overlay District SECTION 5. Section 20-106 of the Charthassen City Code is amended by ~..-lixtg subparagraph (7) to read: (7) Within the BC© districts meet the additional pu.tp~se, intern e nd sr~r~5.~.~:~; of the BCO district. SECTION 6. Section 20-109 of the Chanhassen City Code is amended by adding 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 pattern° 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 /tensity shall specifically exclude lands classified as bluffs, flood plains -and designated wetlands. Calculation of allowable impea-vious ~: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, consistencywith 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 alignment and 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 ~i~d.l.i.fe corridor affording opportunities for recreation, educatior~, physical fitness and non-motorized lranspormtion. 3 (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 provisions of this district; and all vt,.er applicable land use regulations. (b) Preservation of the natural conditions found in the Primary Zone and to the greatest extent possible, preserving significant resources and minimizing impacts in the Secondary Zone through cluster development and other practices which minimize the removal of vegetation, minimize site grading, an~ applicafio~ of practices fou~,d ~n the City's Best MR ~agem. eJ~,t Practices Handbook, (c) Creation of a suitable balance between the amount and arrangemem of.9~cn ,~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 distric.ts which.:johatly~aplaly, Under the joint application ot'the districts, the more restrictive requirements shall apply. 4 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 Delineationo (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 BluffCreek Watershed regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the overlay district applies o (b) 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 topographical 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 Impervious 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 shall be preserved as provided for under Article XXVIIIo Sec. 20 - 1467 Site Views° 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 BCO 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 steepty slopin(J sites, the propsed building should ste~ "~ r~~ down the hillside. ~~ Term~n-A~apti~a Architecture Figure 1. '~Published in APA ]>AS i~epcJrt #.~65" Sec. 20 - 1468 Det~sity Clust~ri.ug. Density clustering shall be allowed as a tool to facilitate cluster develol~ment 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° Land in -the Secondary Zone containing stands of native trees. 6 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" Industrial Cluster Development Sec. 20- 1469 Standards and Guidelines for Single-Family Attached. or Cluster-Home PI_IDs~ Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed ,on sites designed for Iow, medium or high density residential uses by the City of Chm)hassen ,Comprehensive Plan. Sec. 20 - (470 a) Natural habitat areas within the Primary Zone shall be preserved asF~e,'xtu~xen~ ...... o'i:e~k~ space. Any development that occurs shall be directly related to the continuous greenway along lhe creek from the Minnesota River to Lake Minnewashta as outlined in the Bluff Creek Watershed 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 If 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 re. planting of habitat significant to endangered and threatened species. 8 Sec. 20 - 1472 Open Space RequirementsQ 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: Nancy Manc~'~o, Mayor (Published in the Chanhassen Villager on December 31, 1998) g:~lmin~ordkbluffo rd.doc City of Chanhassen N Bluff Creek /Xk,/" Watershed Boundaries ~ Bluff Creek Corridor //~ Wetlands ~ 1 Primary Corridor Secondary Corridor Lakes River ' ';.i::'~;;;.~: 'i Pa rks "An outstanding ]ob~. ,the most complete and well-documented book seen on the sub]ecL"--Robert Bruss, Syndicated Columnist 3 R D E D I T I O N I I FENCES, TREES, BOUNDARIES & NOISE All the information you need to solve )/our' neighbor disputes BY RN EY~A I.E/9 .......................................................... smalqOJd A~O!A ~U!p!OAV ~ ~/~ ...................................... pal.~alOJd Alle,'to-1 IoN oJV wq/sA~O!A Z ~/~ ......................................................... saAel I~ol aq~ §u!sF/ 9 ~/~ ...................................................................... s~Ae3 §u!uoz ~ ~/9 .................................................. samj. m, elngaxd i~q_L s~-I 17 t/9 ........................................................... sl!tu!-I lq,~!aH a~ua:t 17 t/9 ........................................ s~a!A ~a:lmd A~ :roLl/S,~-I ~OLI~O ~ I./9 .................................................. u~O Jno), uo Du!paa~md E ~/9 ............................... suo!lepossv s~auA~oat, uoH mo&-I dlaH I~ I./~ .............. :IUeUOAO9 paa(3 e o~ pa[qnS si OqAA ino ~u!pu!-I ~ [/~ .................................................. saln8 UO!S!A!pqn$ 0 l/~ ...................................... s~O!A V)olmd l~q± saln~l UO!S!A!I)qn5 Z/~ .................................................................. paa~md O.L ~OH ~/~ .............................................. ap}Amd sa~u?u}p~o atp, I?qAA 1~/9 ....................................................................... so~ueu!p~o t'/9 ........................................... ~O!A ? ol 1q§!8 ON :aln8 ~!sefl aql A O!A jo uo!l mlsqo ~:lJ~dVH9 aAeq Aarp uaq,xx gucoad s auoattlog Ja~ ~1~ g~ll~g aqfl ('gUla%Oll(8 puc g-gg-69 [ '~~ '~sodJnd ~lq~;uos~;m c pmI lq,~!l mp p~)l.)Olq imp nigh mil mq '.~L~ ptll~ Jjl~ ~ILIO Jou ~Oolq ,(111~;1 X~m Xmp 'J;u,~u) ~tll ()l ;sn ~jql~uosl~J ~AI~tI ~l]ds) 'JoqtJ~u ~ ~u~}uoAu().~u~ Jo Xouuu Ol oJnDnJlS u lmJl uom~o~un s,lI 'pmls JOOl Jo ~.gu~j '~u]pl}nq ~,~gjo ~sp-tl~Bl ~ s,l~ JOtllml~ ~J~plpaq ~tJl ol pv~sn s! 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Ladd Conrad arrived during discussion on item 2. STAFF PRESENT: Kate Aanenson, Planning Director; Bob Generous, Senior Planner; and Anita Benson, City Engineer PUBLIC HEARING: PRELIMINARY PLAT OF OUTLOT B, ARBORETUM BUSINESS PARK AND THE SOUTHERN 100 FEET OF CITY OWNED PROPERTY (WRASE) INTO TWO LOTS ON PROPERTY ZONED PUD AND LOCATED SOUTH OF HWY. 5 AND EAST OF TH 41, ARBORETUM BUSINESS PARK 3m) ADDITION, STEINER DEVELOPMENT, INC. Bob Generous presented the staff report on this item and asked for any questions. Pearson: Questions of Bob. Sidney: A couple I guess. In the report you stated, well I understand the city is proposing to install traffic control signals on the coruer of TH 41 and 82nd, and I guess in the subsequent report it talks about the status of Chaska. Do you have any update on that? Youropinion about the. Benson: We are proceeding with executing the joint signal agreement with Chaska. That will be on the February 8th council meeting and we'll also request authorization to prepare signal justification report which needs to be submitted to MnDOT for their approval of the signal at that location and once we receive that we can proceed with the project. Sidney: Okay, so it's going forward then? Benson: Yes. For 1999 construction. Sidney: Okay. Brooks: And your question was about TH 41 and 82nd Street? Sidney: 82~d Street. Brooks:... Planning Commission Meeting - January 20, 1999 Generous: In the southwest comer of the project. TH 41 and 82nd Street. And basically the development of this portion of the site triggered that. Sidney: And then I was wondering about the timing for grading. I guess I didn't quite understand. You stated something to the effect we had to wait until something tonight. Generous: Well yeah, the question, it's on the Wrase property on the north. We're trying to find a way to remove those two houses that are Currently there and we're in the process of doing that.~ Sidney: ... final grading plan after that. Generous: Right. It's the north, just the very north end. Part of the issue is that the developer has to put in retaining walls there. Or actually the site plan will have to do it. The subdivision could actually go forward with the grading plan that it has but we want it to conform with the site plan grading. Sidney: Okay. Understood. Peterson: Other questions of staff?. Would the applicant or their designee like to make a - presentation? Come forward. Fred Richter: Just to introduce myself. Fred Richter with Steiner Development. · P. eterson: Any questions? ... for a public hearing. May I have a motion and a second please. Joyce moved, Sidney seconded to open the public hearing. The public hearing was opened.~ Peterson: This item is open for public hearing. Anyone wishing to address the commission, please come forward and state your name and address please. Seeing none, may I havea motior to close the public hearing? Burton moved, Blackowiak seconded to close the public hearing. The public hearing was Closed. Peterson: Commissioners. Any further comments or questions on this? LuAnn? Sidney: It's pretty straight forward. Very complete report as usual. Peterson: Okay. Matt. Burton: I agree with LuAnn. Peterson: Kevin. Joyce: No problem. Planning Commission Meeting - January 20, 1999 Peterson: Alison. Blackowiak: No comment. Brooks: No comment. Peterson: I have no comments either so with that, may I have a motion and a second please. Tonight would be good. Burton: I'll make the motion then. I move that the Planning Commission recommend that the City Council approve PUD 92-6 granting preliminary plat approval for Arboretum Business Park 3rd Addition, creating two lots and right-of-way for Trunk Highway 41 ( plans prepared by Schoell and Madsen, Inc.) subject to the following conditions and it's 1 through 29. Joyce: I'll second that. Peterson: It's been moved and seconded. Any discussion? Burton moved, Joyce seconded that the Planning Commission recommend approval of PUD #92-6 granting preliminary plat approval for Arboretum Business Park 3rd Addition creating two lots and right-of-way for TH 41 (plans prepared by Schoell & Madsen, Inc.), subject to the following conditions: Arboretum Business Park 3rd Addition will be responsible for a water quality fee of $22,146 and a water quantity fee of $20,841. Additional credit will be given if the applicant installs the trunk storm sewer needed for this project. This will be determined once a plan is submitted. The applicant may decide to use the remaining water quality credit towards this development, but once this credit is gone, future phases will be assessed the remaining SWMP fee owed ($473,620.). 2. The grading plan shall be revised to incorporate the following items: Lot 1, Block 1, Arboretum Business Park 3rd Addition shall be revised to incorporate proposed grades from the Kwik Trip site plan. b) The location of septic sites or wells on the property. c) Proposed and existing storm sewer. d) Erosion control blankets on all slopes 3:1 or steeper. e) A rock construction entrance. 3 Planning Commission Meeting - January 20, 1999 o o o o o o 10. 11. MNDOT's review comments shall be incorporated into the final grading and development plano The developer shall be responsible for extending sanitary sewer service to the city's parcel which lies directly north of Lot 1, Block 1 as a part of the overall site improvements. The city will determine a connection charge based on the construction cost of extending the sewer service to refund to the developer upon connection of this parcel to the system. Sanitary sewer discharge from Lots 1 and 2, Block 1, Arboretum Business Park 3rd Addition will be limited to 1,500 gallons per acre and water usage will be no more than 2,000 gallons per acre per parcel. Ail public utilities to be constructed shall be designed and constructed in accordance with the City's Standard Specifications and Detail Plates. Detailed construction plans and specifications for the developer-installed public utilities constructed by the developer will be required in conjunction with final platting for Chanhassen and Chaska staff review and City Council approval. The developer shall be required to enter into a PUD Agreement/Development Contract with the city and provide a financial security in the form of a letter of credit or cash escrow to guarantee site improvements. The storm water ponds and/or temporary detention ponds shall be constructed in the initial grading phase to minimize erosion off-site. Erosion control blankets will be required on all slopes greater than 3:1. Revegetation of the exposed slopes shall occur immediately after grading is completed. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod after completion of each activity in accordance with the City's Best Management Practice Handbook. The applicant shall provide detailed storm sewer calculations for 10-year and 100-year storm events in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. The applicant shall apply for an obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution control agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 12. Fire hyrtrarrts ~hal'l'be incorpora~tecl per the Fire Marsha'l's recommendafions~ 4 Planning Commission Meeting - January 20, 1999 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. The appropriate drainage and utility easements shall be dedicated on the final plat for all utilities and ponding areas lying outside the right-of-way. The easement width shall be a minimum of 20 feet wide depending on the depth of the utility. No berming or landscaping will be allowed within the right-of-way except landscaping along the frontage road in accordance with the Trunk Highway 5 corridor study. The lowest floor or opening elevation of all buildings shall be a minimum of 2 feet above the 100 year high water level. The applicant shall report to the City Engineer the lOcation of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. Final grades adjacent to Trunk Highway 41 will be subject to review and approval of MnDOT for compatibility with the future widening of Trunk Highway 41. Landscaping along Highway 41 shall comply with Buffer Yard Standard C (as per city code). Century Boulevard shall comply with Buffer Yard Standard B. The master landscape plan for the Arboretum Business Park PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. A 10' clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, US West, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. Submit street names to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. Existing structures on the property which may be demolished require a demolition permit. Proof of septic and well systems that are abandoned are required. All septic sites shall be abandoned in accordance with city code. Demolition permits must be obtained through the Building Department. The project and individual site users must comply with the development design standards incorporated here in as Exhibit C of the development contract. Full trail fees shall be collected per city ordinance for all lots in the Arboretum Business Park 3rd Addition. The developer agrees to waive any and all procedural or substantive objections to the special assessments resulting from Project No. 97-1D improvements including, but not limited to hearing requiremenls and that ~the assessmen~ts 'as ourl-ined-in ~the ~-asibility ~smdy for Phase III improvements of Project 97-1 (Coulter Boulevard Phase III) exceeds the 5 Planning Commission Meeting - January 20, 1999 benefit to the property platted as Arboretum Business Park. The assessment interest rate will be bond sale rate plus 1 ½%, then rounded up to the nearest ½%. The assessment pay back is not known yet but will be a minimum of 5 years. 25. The existing cross access easement over Lot 1, Block 1, Arboretum Business Park 3rd Addition, for access to the City's parcel shall be amended to reflect the new alignment proposed on the Kwik Trip site plan. The easement width shall be 40 feet. 26. All driveway access points shall be constructed in accordance with the city's industrial driveway detail plate No. 5207. 27. The existing driveway located through the northerly portion of Lot 1, Block 1 shall remain until the existing homes on the city property have been removed from the site or demolished and the permanent access constructed to the water tower site on Outlot A, Arboretum Business Park 2nd Addition. 28. A storm sewer system shall be designed and constructed to accommodate stormwater runoff from Lots 1 and 2, Block 1 and the future development of the city's parcel lying north of Lot 1, Block 1. Detailed drainage calculations for pre and post development conditions will be required for review and approval by the city engineer. Verification that the existing storm sewer system, if utilized, can accommodate the additional runoff generated from the development to these sites shall be provided to the city engineer for review and approval. 29. Revise plans to show proposed 8 foot wide bituminous trail sidewalk along the north side of 82nd Street West. The applicant shall be responsible for construction of the trail after utility improvements are installed. All voted in favor and the motion carried. PUBLIC HEARING: SITE PLAN REVIEW OF A CONVENIENCE STORE AND GAS PUMPS ON PROPERTY ZONED PUD, LOT 1, BLOCK 1, ARBORETUM BUSINESS PARK 3RI~ ADDITION AND LOCATED NORTH OF 82~D STREET AND EAST OF TH 41, KWIK TRIP, INC., SCOTT TEIGEN. Bob Generous presented the staff report on this item and asked for any questions. Peterson: Questions of staff?. Burton: I have one question. In your report you had a couple recommendations~ One was recessing the equipment room and the second was projecting the entrance° Was there any further discussion about that or c~nanging the entrance? 6 Planning Commission Meeting - January 20, 1999 Generous: Well I'd like the applicant to address that. He had, he brought something forward to me tonight. There is a small projection and really it's just something to, there's already the windows and you have the recesses of that. This was a little added item. The roof outline already projects out so you have that and we're looking to see if there's anything else we can do on that elevation. Peterson: How far does the roof come out? Generous: I believe it's 7 feet. So you have the canopy over the entrance way. That was one of the ideas to enclose that and make a vestibule but that could be a little inconvenient for customers coming into the site to have to go around on either side and how do you handle the handicap access and that because it's a confined area. Peterson: Other questions? Blackowiak: Mr. Chairman, I have a question. The last couple meetings we've been discussing lighting and lighting standards and I'm wondering how their lighting that is proposed for this site would compare to the standards that we've talked about the last couple meetings .... the half foot candle is fairly standard but would it be.in concurrence with what we've been talking about for revising the standards? Generous: I believe so but I'm not sure of all those, what had been drafted. The height of that lighting, the canopy top is only 18 feet and this is recessed under that and then they have lighting around the edge of the building. They are incorporating two area lights in the northern driveway for safety purposes and I believe those are 20 feet tall. Blackowiak: Okay, thank you. Peterson: Other questions? A couple Bob. You know as I look at the blueprint, it looks better as portrayed in color but the front elevation, it seems like there's a lot of flat roof to the right and I don't know whether that, again I couldn't get a good sense of the scope of it in the black and white pictures. Nor could I get the length of that roof line on the blueprint. How long is the front approximately? Maybe I can ask the applicant this too but. Scott Teigen: Eighty... Peterson: Okay. How much does the foyer that's already created there take up as far as what, probably 15, 20 feet wide as far as that copula? I mean that's still a lot of roof line that's just there. Boring. So I'm not really comfortable with that. I don't want to over architecturalize it however. The other item is on the entrance. As you look at the entrance...and I just look at proportionately. You've got it 30 feet, I think a 30 foot wide entrance. As you come down into the development, it drops down to 26 for a two way. It just seems small proportionately. And again I may be totally off but what I'm worried about is another situation like we have on Market Square in fron't o-f'Su'owa~. Every time I go in ~there I feel scared Rat I'tn going'to meet artother car in there. I don't know if the 26 feet is... Planning Commission Meeting - January 20, 1999 Benson: The 30 foot wide entrance is required so that the transport trucks can get in and make the mm. 26 foot wide for two lanes of traffic is sufficient. It meets our requirements. It might seem a bit disproportionate but the trucks coming in needed the 30 foot wide. Peterson: Those were my questions. Anybody else? Sidney: I was wondering if the Arboretum had any comments about the design or the lighting or, no comments? Okay. Generous: They haven't contacted me. Peterson: Would the applicant like to make a presentation? Scott Teigen: Well I'm a man of few words. My name is Scott Teigen. I'm the Director of Real Estate for the Kwik Trip stores. I'll give you a little brief history of Kwik Trip. We're a company that comes into the convenience store business through the grocery end of it. We're a little more of a superette, grocery oriented company than a lot of the convenience store competitors. We're headquartered in LaCrosse, Wisconsin. We're kind of sisters originally with the Rainbow Food stores. We're kind of an offshoot of Gateway Foods who kind of brought the Rainbow stores to town. And we came to the Twin Cities market here about five years ago. Our closest store is probably Savage. We're down in Rosemount, Apple Valley, Lakeville and that southern tier. We're real excited to be in this market. A little more history about our operation. We're owned by two families. We don't carry anything in the store that we wouldn't have in our house so you'll never see the Playboy or Playgirl magazines. At this point we don't even sell .condoms. I mean it's just the way we are. And I'm here to answer any questions. Bob's got a very complete report. I've been making some notes as you've been making the questions. We'll see what we can do with our roof line. Our architecture is kind of evolved over the years to fit in with neighborhoods. Now that may not be in the case here but we've kind of come to this type of look to fit in with neighbors because quite often we're right, directly adjacent to residential neighborhoods. So this seems to be the less obtrusive, harsh commercial look. But it is our, kind of our trademark to look like we do. We do use a dimensional shingle so we'll try to fit in with the nicer neighborhoods so it's not just a stark, solid roof like it may look in the picture. It will have a little dimension to it. I guess if you wanted to see, look at one of our similar type stores. In Lakeville at the new exit they put in, I think it's County Road 46 and 35 there across from Buck Hill. We've got a convenience store and a car wash that will be very similar to this. Although this I think is upgraded a little bit from that one but that's the closest one you could see without having to drive to Milwaukee. So I'm here to answer any questions that you may have. Address any concerns. Peterson: Questions of the applicant? Brooks: I was going to ask to look at the board. I'd like to see it a little better. Great, thank you. Planning Commission Meeting - January 20, 1999 Joyce: Does this board have that new entrance that we're talking about or is that going to be presented? Generous: It shows, you can see the recess on the west elevation. I don't know if they have anything for the main entrance. Scott Teigen: All of the tan bricks on the picture is set out from the red brick. From the back side about I think an inch or no more than 2 inches. Joyce: Do you know about how much...? Scott Teigen: The question came up on the area lighting. The only place that we really are providing area lighting is back here, on here and at this intersection. Typically we don't put area lighting. We've got lighting under the canopy and...so we will meet the half foot candle on that property line. That's not a problem. We keep our light on our lot. Peterson: Other questions of the applicant? Joyce: I guess I'm still confused. Now we're saying that we took, there's going to be no vestibule, right? Generous: Correct. Joyce: So this is what we've got as far as the entrance right here. No brick columns. No extension. Generous: None that they've, well the canopy over the top extends. There's just nothing vertically that will tie that in. Scott Teigen: And that roof way over the entryway does protrude out from the building. Peterson: ...sidewalk I assume that's close to the. Scott Teigen: Yes. Peterson: Other questions? Brooks: I have some of that idiotic engineering question that... We were talking about the Arboretum. How is the salt runoff working when...when they go through the car wash and the stuff comes off. Where does it drain to? Benson: The drainage for the storm sewer system drains to the west and it connects into a storm water pond that was previously constructed with the previous Arboretum Business Park project. Or'to the east, I'm sorry. Planning Commission Meeting - January 20, 1999 Brooks: Okay, so the Arboretum's to the west and we're draining to the east. Benson.' Correct. Brooks: All right. And we're all, I mean you're absolutely comfortable that the Arboretum... Peterson: Other questions, comments? Thanks. This item is open for a public hearing. May I have a motion to open it and seconded the same please. Blackowiak moved, Joyce seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commission please come forward and state your name and address please. Seeing none, may I have a motion to close the public hearing? Sidney moved, Blackowiak seconded to close the public hearingo The public hearing was closed. Peterson: Commissioners. Allyson, do you want to take your shot at this one? Brooks: Well, architecturally it just looks like a Kwik Trip to me so I mean, it's nice that we have an architectural design on it but a Kwik Trip is a Kwik Trip. I guess my concern was more the, you know the Arboretum and Anita answered my question so other than that, I guess I'm okay with it. Peterson: Okays Lad& Conrad: Nothing. Peterson: Alison° Blackowiak: No comments. Peterson: Kevin. Joyce: I think that staff should stick to what they said initially with design standards and instead ofhaving...projected out from the building and put some variation in that. Columns or something like that. As far as I'm concerned, it looks like a Kwik Trip to me. Putting on this, we have design standards for the area. When I look at the project...there's a lot of roof. There's not a lot of architectural interest. I don't think it would take much° As a matter of fact if they said they would put some small...dormers or something. Dormers type of thing, and I'm not saying that's the right idea but something more to this and I would be a little more comfortable with it .... I on-ly see ~rhem doing one thing... We need more architectural design to it. Even 10 Planning Commission Meeting - January 20, 1999 though it is only a Kwik Trip, I think because it's in that area that they bought or signed on to have these architectural standards, I think we should... Peterson: Matt. Burton: Well when I first looked at it, the only thing that struck me was I didn't think it was architecturally interesting and I thought the staff recommendations were good. Seeing it in color here helps but I agree with Kevin. I think that they should be held to a little bit higher standards. I'm not exactly sure where the line is drawn but I don't think that this is it. So columns or dormers or both but I think that they came to this spot knowing what was expected and I don't think they've met the standard that has been set. Peterson: LuAnn. Sidney: I agree with the staff report that more features, architectural features should be on the west and south side of the building. Although when I think about it now, I can see where you approach the building from the south side. You'll see the canopy over the, for the gasoline and I guess I'm thinking that it's going to obscure most of the roof line and you're not really going to see the features as you drive in. So I guess I'm not terribly concerned about it. It would be nice to have more details on both sides of the building. I guess my greatest concern, as I expressed, was any impact on the Arboretum and good point Allyson about the ground water. And I guess I was actually thinking more about the lights. And I'm not sure what, how the various elevations compare but from the interior of the Arboretum can you see those lights and would it be offensive and also along TH 41 restoration area. How is that going to affect any enjoyment of that area. So if you could keep track of that, I think whatever the shielding of the lights, how that might be designed and also keep that in mind that people in the Arboretum might see these lights at some point and I guess those were my only. Peterson: Thank you. I feel somewhat the same as a couple of my fellow commissions. As they mentioned earlier I think it is okay. This commission has taken a great deal of it's time and effort on different areas of this city that we call entrances to the city, and nobody's talked about that and this situation I think that this is the entrance to Chanhassen from that area, which is a high traffic area and I think it's important that at least, give it justice that we want something that is potentially a little more creative. A little bit more unique and more pleasing to that. It's notjust a Kwik Trip. Not that Kwik Trip is a negative but I think it's, you know as mentioned earlier, designed to fit in a neighborhood but maybe not necessarily to be the first thing you see when you come into a city. And that may be something that you go back and prior to presenting it to council, that you may want to consider that. That it may be part of the connotation for Chanhassen as you come into it. That it is more unique. Scott Teigen: I will work with Bob and we'll address all of your concerns about the roof line and the entry and your point about the entry to Chanhasseno We want people to be proud to come by there and I think we can make it better. Brooks: You'll work to meet the design standards? 11 Planning Commission Meeting - January 20, 1999 Scott Teigen: Yeah. Brooks: Okay. Peters.n: With that, I'll conclude my comments. May I have a motion please. Conrad: I'll make that motion Mr. Chairman that the Planning Commission recommends to the City Council approval of Site Plan #99-1 for a 5,737 square foot Kwik Trip convenience store and gas station with a drive through car wash on a 1.88 acre site located on Lot 1, Block 1, Arboretum Business Park 3rd Addition, plans prepared by Insites, dated 12/18/98, subject to the conditions of the staff report with a condition 29. No, with a note that the applicant and the staff work together to enhance or present to the City Council an architectural plan as requested by condition number 5 in the staff report. Peters,n: Is there a second please? Brooks: I'll second that. Peters,n: It's been moved and seconded. Is there any discussion please? Scott Teigen: Mr. Chairman...I should point out. This is a minor thing but point number 11 where they're talking about the sprinkler system. Our people have had discussion today with the engineering department, or your fire chief and we're only asking a question about how necessary it really :is to sprinkler the car wash so with fire walls, and we still have to meet the code° We understand that but with fire walls we may not be sprinkling the building but fire walls. Whatever the code will allow us to do to r~ot sprinkle the building~ that may be what happens. .Just so I clarify that point. Peters,n: So noted. Again we have a motion and a second. Conrad moved, Brooks seconded that the Planning Commission recommends to the City Council approval of Site Plan #99-1 for a 5,737 square foot Kwik Trip convenience store and gas station with a drive through car wash on a 1.88 acre site located on Lot 1, Block 1, Arboretum Business Park 3rd Addition, plans prepared by Insites, dated 12/18/98, subject to the following conditions: The applicant shall enter into a site plan agreement with the city and provide the necessary security to guarantee erosion control, site restoration and landscaping. The development must comply with the Development Design Standards for Arboretum Business Park. 12 Planning Commission Meeting - January 20, 1999 o o 10. 11. Add one deciduous, overstory tree to landscape plan and plant schedule. Submit revised plan to city prior to issuance of the building permit. Plant materials used along Highway 41 must be salt tolerant. Replace red and sugar maples and crabapples with other salt tolerant cultivars or species. Submit revised plan to city prior to issuance of the building permit. The developer shall incorporate the following architectural revisions: 1) the entrance be projected out from the building to create additional variation or, alternately, that a vestibule be created at the entrance or brick columns be incorporated at the south end of the roof canopy over the entrance, 2) the car wash equipment room be recessed 12 inches or more from the elevations of the car wash and station store to provide variation on the western elevation. Meet with the Inspections Division plan reviewer as soon as possible after approval to begin the building code plan review process. The applicant needs to reduce the southern gas canopy lighting to meet the ½ foot candle lighting standard at the south property line. A decorative, shoe box fixture (high pressure sodium vapor lamps) with a square ornamental pole shall be used for area lighting. All light fixtures shall be shielded. Lighting shall be shielded from direct off-site view and glare. The wattage in the canopy lighting be reduced to reduce the foot-candle of lighting proposed under the canopy. Ail freestanding signs be limited to one monument sign per street frontage. Signs must be a minimum of 10 feet from the property line and must be located outside drainage and utility easements. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material throughout the development. Wall sign shall be permitted per city ordinance for industrial office park site. All signs shall require a separate sign permit. Wall signage is permitted on the south and west building elevations only. Signage is not permitted on the gas canopy. A fire hydrant must be added at the entrance on the northeast comer off of Highway 41o Minnesota Uniform Fire Code Section 903.4.2. The water line running into the building must be increased to a minimum size of 4" due to a sprinkler system which must be installed within the building. Chanhassen Fire Department/Fire Prevention Policy # 34-1993 and Policy # 36-1994. Note: Also Building and Sprinkler in accordance with Minnesota State Building Code Special Fire Protection System Section. 13 Planning Commission Meeting - January 20, 1999 12. All grading and utility work within Trunk Highway 41 right-of-way will require a permit from MnDOTo 13. Construction of the drive aisles north of the property and the retaining wall will require a temporary easement from the city. 14. The existing driveway located through the northerly portion of the site must remain until the existing homes on the city's property have been removed from the site or demolished and the permanent access constructed to the water tower on Outlot A, Arboretum Business Park 2nd Addition. 15. All septic sites, if located on the site, will need to be abandoned in accordance with city codes. Permits must be obtained through the Building Department. 16. Relocate fire hydrant on 82nd Street West to east curb, Minnesota Uniform Fire Code Section 903.4.2, of the proposed driveway entrance. In addition, add a gate valve and coordinate temporary water shut-off through the City of Chaska~ 17. The proposed storm sewer system will need to be designed and constructed to accommodate runoff from Lots 1 and 2 and the future development of the city's parcel lying north of the Kwik Trip site. Detailed drainage calculations for pre and post development conditions will be required for review and approval by the City Engineer. Verification that the existing storm sewer system, if utilized, can accommodate the additional runoff generated from the development of these three sites will also need to be supplied to the City Engineer for review and approval. 18. Relocate storm sewer outside of Trunk Highway 41 right-of-way. Add a catch basin rnat~hole in the drive aisle north of the site along the east curb line. 19. The applicant shall install a fence a minimum of 4 feet high along the north property line wherever the retaining wall exceeds 3 feet in height. 20. Install industrial driveway apron per city of Chanhassen Detail Plate 5207 at the driveway access along 82nd Street West. 21. Increase right-in/right-out drive aisle lane widths to 18 feet face to face. Increase intersection radii to 30 feet at all intersection radii and driveway curves to accommodate truck turning traffic. 22. The applicant shall work with the city in revising the joint cross-access easement through the site. The minimum easement width shall be 40 feet wide and the drive aisles 26 feet wide face to face ofcurb~ 23. Add painted medians ~to separate/delineate car wash from drive through around the east and north side of the buildingo 14 Planning Commission Meeting - January 20, 1999 24. Revise plans to show proposed 8-foot wide bituminous trail/sidewalk along north side of 82nd Street West. Add pedestrian ramps to all curb returns. Relocate proposed 5-foot wide sidewalk to adjacent back of curb in the southeast comer of the site up to future access to Lot 2. 25. All public utility improvements will require dedicated drainage and utility easements on the final plat. The minimum width shall be 20 feet wide depending on depth of the utility. 26. The applicant shall prepare a cross-access easement to allow Lot 2, Block 1, Arboretum Business Park 3rd Addition to utilize access through the site. 27. The deceleration and acceleration lane proposed along Trunk Highway 41 shall be installed in conjunction with the right-in/right-out by the applicant. 28. Traffic control signage shall be included on the site plan for staff review and approval prior to issuance of a building permit." All voted in favor and the motion carried. Peterson: Motion carries. Goes in front of Council on the 8th of February. Thank you. Generous: Subject to us coming up with the architectural features. ORGANIZATIONAL ITEMS:ELECTION OF CHAIR AND VICE-CHAIR. Aanenson: I'd leave that up to you to take care of that business. You need to select a Chair and a Vice Chair obviously. My understanding Craig that you would be willing to relinquish your duties if somebody else is interested. Peterson: I didn't get a plethora of phone calls wanting to volunteer. Conrad: Well I would nominate Mr. Peterson because he's not burned out yet and ! think he still has another year to give so. Peterson: Let's do Vice Chair at the same time. Kevin has been the Vice Chair. May I hear a recommendation to... Brooks: He's done a nice job. Stability is good. Peterson: Is that a recommendation? Brooks: Yes, I move we keep the status quo. Peterson: Can somebody combine that into a single motion please for Chair and Vice Chair. 15 Planning Commission Meeting - January 20, 1999 Brooks: I move that we elect Craig Peterson as Chair of the Planning Commission and Kevin, oh my god, I forgot your last name. Joyce: Joyce. Brooks: Joyce as Vice Chair. Peterson: Is there a second? Conrad: I would sure second that. Brooks moved, Conrad seconded to appoint Craig Peterson as Chairman and Kevin Joyce as Vice Chairman to the Planning Commission. All voted in favor and the motion carried. ADOPTION OF PLANNING COMMISSION BY-LAWS. Peterson: They're attached in the packeto~o Conrad: They're fine. Peterson: May we have a motion and a second for that please. Burton: Move approval of the Planning Commission By-laws. Conrad: Second. Burton moved, Conrad seconded to adopt the Planning Commission By-laws as presented. All voted in favor and the motion carried. LIASON ATTENDANCE AT CITY COUNCIL MEETINGSo Peterson: Next is more of a discussion item. Liaison attendance at City Council meetings. We have the option to select from one or two or continue the rotation as we've done for the last 30 years. Aanenson: If anybody does have a problem with a meeting date, ...try to find someone to switch with and if you can't do that, then if you could let myself know. It is helpful to have a representative there. Peterson: Does the commission want to continue rotating? So noted° OLD BUSINESS: Peterson: Any old business Kate? 16 Planning Commission Meeting - January 20, 1999 Aanenson:... Brooks: I'm leaving. I'm moving to Washington state. I got appointed by the Governor of Washington State to be the State Historic Preservation Officer. So going to another state and try to act like an adult. Aanenson: So you will be with us on the 3fa? Brooks: I hope to be, yes. I think my term ends shortly so I'm just going to try to run it out and. It was fun. I love Planning Commission...but I really enjoy it. Peterson: So they have them out there too. Brooks: That's right. I'll have to ask for a reference. Peterson: Ail right, any other old business? Aanenson: There were two positions coming up. Craig's and Allyson's. I did speak to the City Council at their work session yesterday and their policy is to advertise that. They will be advertising it. Obviously Allyson won't be here to be replaced so there will be a short gap during that replacement time. Maybe just one meeting. One or two more meetings and then we have to advertise. They don't get appointed until April. That's generally when they do that. And we can bring up the comp plan issue. We did meet with the Met Council, Bob and I did on Friday. We've got two issues to resolve. One we believe has been resolved. Density issues...There's only how many cities that met the deadline? 18? Generous: Yeah, there was like 30 out of 200. Aanenson: That met the end of the deadline so we were pretty happy. They have a 60 day requirement. They keep finding little reasons to hold us on the 60 days and we're trying to get through the process so we don't get caught with the other 200 and some communities so the other one's going to take another few weeks to get resolved but we're in pretty good shape. We're pretty pleased with the review that we've gotten. We want to get that done. Get that back to you. APPROVAL OF MINUTES: LuAnn Sidney noted the Minutes of the Planning Commission meeting dated January 6, 1999 as presented. ONGOING ITEMS: Aanenson: Ijnst wanted to mention the February 3rd work session. I would like to start that.~. Conrad: I had an hour and 3'0 minute ride tonight. 17 Planning Commission Meeting - January 20, 1999 Brooks: It took me two hours from St. Paul. Aanenson: ...LuAnn had a good suggestion...tried to ad lib with it but if we want a few chuckles, we'll watch some of it too but it's really good and I want to practice doing motions so you're all comfortable. We'll probably go through the order of the agenda. Some real basic stuff but then we'll practice doing some...help raise everybody's comfort level. And I'd like to also go through the projects we'll be doing this year. The 1999 projects. Not only in Planning but what...and I also think it's a good time to get together so...I was hoping that we could start at 6:00 and you know but I know it's hard for some of you to get here at that time so whatever works for you. I'd like to try to keep it, you know 6:00 to 9:00. 3 hours is about it. Take a break in there. If we start at 7:00, we go 7:00 to 10:00. Whatever works. Peterson: How about splitting the difference? Going 6:30. Joyce: Yeah, 6:30. Aanenson: Okay. Would you want 7:00 Ladd? Conrad: Just get going without me. I'll be here and I'll just make a good effort~ Peterson: Anything else from anybody? Conrad: Just a note. I'd like staff to just call Kathy at the Villager and see if they could do a story on Allyson. Because maybe we get a little bit of publicity for the Planning Commission but it's also sort of a neat story that she's leaving and taking a position out there. I think that's sort of. Brooks: ...one of our planning commissioners can. Conrad: See what we do... Brooks: You're getting back at me for two years. ~Conrad: I want to see your picture in'the paper. Peterson: The last thing I'd like to note that Sharmin's been promote to Senior Planner and applaud that move so congratulations to her. With that, may I have a motion to adjourn. Conrad moved, Brooks seconded to adjourn the meeting. The meeting was adjourned at 7:40 p.m. Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim 18 CITYOF CHANHASSEN 690 City Center Otivt; PO Box 147 Chanhassen. Mimtesota 55317 Pho,e 612.937. i900 Ge,eM £~x 612. 93Z 5739 £,gineering ?ax 61293Z 9152 P, blic ~ga~ty Fax 612.93(2524 ~5~b www. ci.d~a,t~assen, m,.us MEMORANDUM TO: FROM: DATE: SUB J: Planning Commission Kate Aanenson, AICP, Planning Director February 10, 1999 Smart Development Attached is a summary of an article on smart development from American Planning Association Planning Advisory Service. I thought by summarizing it you might find it interesting reading and find some applications in Chanhasseno Principles of Smart Planning Efficient use of land resources · preservation of land and natural resources · benefits results from compact building form infill development moderation in parking and streets Full use of urban services · development goes where more people will use existing services like sewer and water, roads, emergency services and schools · still should have a mix of densities ° Mix on · uses locate stores, offices, residences, schools and recreation spaces within distance of each compact neighborhood · independent movement · safety in commercial areas, people would always be present · reduction in auto use, especially for shorter trips · variety of housing choices, size and value so there is better mix within development Examples of mixed use include comer store in a residential area, apartments over a shop, lunch counter in an industrial zone. Transportation options · must be convenient and interesting · lower traffic speeds, safer neighborhoods · traffic calming techniques 5. Detailed human scale design · community acceptance of compact, mixed use development requires compatibility between buildings to ensure privacy, safety and visual coherency · massing of buildings, orientation of buildings to the street, presence of windows, doors, porches, other architectural elements, effective use of landscaping make the design human 6. Implementation · review time consuming delays and inflexible standards and regulations that will not allow for innovation approaches--changes to the PUD Five Barriers of Smart Development · local regulations - old zoning standards · market conditions - because its new it may be risky · development and process costs - land costs, shortage of sites · financing - lack of comparables, secondary financing market, bank structures make it difficult · community involvement - land development including infill have met with opposition PLANNING DEPARTMENT 1999 GOALS PLANNING Complete the comprehensive plan adoption process -framework for several of the strategies including quality amenities, housing diversity, City Center identify, natural areas, roads and trails Comprehensive Plan Rezoning - framework has been previously outlined - neighborhood meetings - area rezoning for comprehensive plan consistency · Finalize the PUD Ordinance - strategic plan "Housing Diversity" Analyze uses by zoning district - permitted - conditional Neighborhood meeting regarding wetland and conservation easements -. Strategic plan "Natural Areas" continuously evaluate the impact of development on natural resources 1999 Goals - Forestry/Recycling Recycling: Goal: Offer yard waste disposal options for residents. · Since the closing of the compost site, the city continues in its efforts to offer residents convenient, inexpensive and appropriate means of disposal for their yard waste. Brush collection days were held for the first time in 1998 and were successful. The program will be expanded in 1999 to four days, two in the spring and two in fall. Operating costs for the days are completely covered by the annual solid waste grant funds from Carver County. · Implementation: ~ Spring Brush Days: April 17, May 15 ~ Fall Brush Day: October 30, November 13 · Correlation with Strategic Plan: Cost-Effective Quality Services, Strategy 1 - "...ensure that taxpayers are getting the best value" for the service. Each year the city receives funding from Carver County for solid waste disposal. In the past, these funds covered the operating costs for the compost site. Now that the site is closed these funds will be used to pay for the brush collection days, thereby providing the "best value" service to residents. Goal: Update information on the Chanhassen Recycling Line ! The line was developed in 1998 to serve residents as a resource for solid waste disposal questions. Information on the disposal of various materials can be accessed by a touch-tone phone 24 hours a day. Since the information can be seasonal or timely, the line needs to be updated on a regular basis and that has not been the case for the last six months of 1998. In 1999, a schedule will be made to facilitate punctual updates and keep the line as current as Possible. · Correlation with Strategic Plan: Cost-Effective Quality Services, Strategy ! - "...ensure that taxpayers are getting the best value" for the service. Research, organization and implementation for this project was undertaken by the Environmental Commission. Therefore, project costs were minimal and paid for by the annual Carver County solid waste grant. Forestry Goal: Assess city-wide tree cover. · Using aerial photos, GIS, and ecosystem analysis software, an accurate picture of the state of the city's urban forest could be created and used to better direct om-~-esmrrces in ~the future. Additionally, in May t999, it will have'oeen five years since the tree preservation ordinance was adopted. An assessment of the current tree cover and its health along with a review of what has happened before and after the adoption of the ordinance would help to give a better understanding of management techniques that are successful and what the challenges continue to be. Implementation: ~ Obtain color, leaf-on aerial photos of entire city. ~ Purchase ecosystem analysis software. ~ Digitize/scan photos into database. ~ Create tree cover layer in city GIS program. ~ Complete basic GIS training for staff. Correlation with Strategic Plan: Natural Areas, Strategy 4 - "Continuously evaluate the impact of development on our natural resources." By creating a tree cover layer in the City's GIS, a more accurate picture of the city's canopy cover can be made. Additionally, supporting software would provide the city with technical analysis of the economic and physical benefits of trees, create ecological maps, document land use trends and consequences and ultimately enhance the decision-making process for the city's natural resources. Goal: Develop Urban Forestry Management Plan. · To deal effectively with the growing number of city trees, it will be necessary to create a forestry planning document in which the strategies and means to achieve a safe, healthy, diverse and functional urban forest are identified. The plan will serve the City as a tool to protect, preserve and enhance its forest resources and act as a guide for an annual work plan. It will be coordinated with the city's Comprehensive Plan. · Implementation: ~ Develop rough draft during winter 1999. ~ Review by Planning and Park and Recreation Departments, Planning Commission, Environmental Commission and City Council. ~ Final draft by fall/winter 1999/2000. · Correlation with Strategic Plan: Cost-Effective Quality Services, Strategy 1 - "...ensure taxpayers are getting the best value (for the city service)." City trees are a public investment and one of the few assets that actually increase in value over time. To protect this investment and ensure that taxpayers money isn't being wasted allowing the investment to deteriorate, a management plan is needed to improve, in a cost-effective manner, the health, safety, longevity and beauty of our urban forest. Goal: Encourage tree planting throughout the city. · Since trees provide so many benefits to the citizens of this community, such as cleaner air, cooler temperatures, reducing mn-off and erosion, acting as windbreaks and beautifying our neighborhoods, it is for the public good that the city promote plantings of native trees on public and private property in order to increase overall canopy. Efforts should be coordinated with the goals as outlined in the Natural Resources section of the Comprehensive Plan. Implementation: ~ Continue ~ Continue ~ Continue boulevard tree plantings in residential neighborhoods. and expand the annual Arbor Day celebration.-- discounts on native trees bought by residents at local nurseries in the spring. ~ Develop planting program for city parks. ~ Continue tree streetscape plantings with all city roadway improvements. ~ Print list of native trees with species characteristics and planting recommendations to be distributed to homeowners. Correlation with Strategic Plan: Natural Areas, Strategy 4 - "Create a city- wide boulevard tree planting program that enhances our community's character." Goal: Encourage and assist businesses, organizations and private citizens in their efforts to beautify and otherwise enhance the environment. · Create an attractive, inviting downtown through the use of landscaping. · Implementation: ~ Work with local garden club to establish annual and perennial flower beds. ~ Use resources at the Univ. of Minn. Landscape Architecture department to design and implement entryway plantings. ~ In conjunction with the Environmental Commission, develop a beautification program for downtown businesses. ~ Contact Chamber of Commerce for support of and involvement with programs. ~ Coordinate efforts with the Parks dept. to remove and replace downtown landscaping as needed (i.e. dead trees, shrubs; grass) ~ Research opportunity to create Farmer's Market in downtown. · Correlation with Strategic Plan: City Center Identity, Strategy 3 - "Create and implement a city center beautification plan." and "Encourage public and private events that utilize our city center as the primary gathering place."- (farmer's market) G:/plan/js/goals 1999a WATER RESOURCES 1999 GOALS Sump Pump/Drain Tile Project This project was designed for areas where homes cannot conform to City's sump pump ordinance, that is, draining clean groundwater into the storm sewer system rather than the sanitary sewer system. The City has homes that are not conforming to this ordinance, through no fault of their own, because they are physically unable to dump their sump pump water into the storm sewer system. With these projects, the City will provide a route for homeowners to discharge their sump pump water into the storm water system. This meets the goal of COST- EFFECTIVE, QUALITY SERVICES. It saves all residents money in eliminating the costs of treating clean water and also saves residents money by eliminating sump discharges directly to the street. This water becomes not only a nuisance by developing permanently wet areas with patches of green algae, but it also works its way underneath the street and breaks t~p the pavement during frost periods. Pond Maintenance There are approximately 116 NURP or stormwater ponds built specifically for the purpose of treating water within the City in developments. Our plan is implementing a maintenance schedule where the City cleans out the ponds that are not performing to the standards at which they were designed. This falls under PROTECTION OF NATURAL AREAS and the PRESERVATION AND MAINTENANCE OF NATURAL AREAS. Maintenance of these NURP or stormwater ponds improve the water quality for both lakes and streams throughout the City. Bluff Creek Gully Restoration There are a number of areas along Bluff Creek where large sink holes or sloughing banks pollute the creek with sand, debris, and vegetative material. We will be using natural bioengineering and mechanical methods to prevent this sloughing. This prevents pollution of the creek and also preserves upland along the creek which meets the NATURAL AREAS goal to PROTECT AND PRESERVE NATURAL AREAS. This project is funded 75% by a Metropolitan Council grant. Intern/Education Program Another goal for 1999 is to hire an intern for the summer that would work with Kate, Jill and myself on holding neighborhood meetings, prepare education materials about the quality of trees and water, and best management practices for maintaining good health of trees and wetlands in their area. This falls under Strategy IV, PRESERVATION AND MAINTENANCE OF NATURAL AREAS. We hope to encourage the residents of Chanhassen to get involved in these issues so ~hey ar~ ~et£-i-mposed ~,egul-ations that r-esidems warn .to ~adhere :to and improve the quality of water and trees within the City. Lake Atlas This goal is to replace the 1993 City of Chanhassen Lake Atlas Map that was prepared by Bonestroo & Associates. When we ran out of these maps in 1998, we were unable to order reprints because the printer no longer had the plates available to produce more maps. We will be looking into alternate ways to get a new set of improved lake maps out which will incorporate more public education and landscaping information as part of that project. Our goal is to PROTECT AND IMPROVE NATURAL AREAS by public education. Wetland Brochures Again, these meet our NATURAL AREAS goals in the strategic plan and PRESERVATION OF MAINTAINING NATURAL AREAS. We want to get the public involved by getting information out to the neighborhoods on the effect wetlands and their impact to water quality of lakes within the city. We want to encourage best management practices, lawn practices and individual homeowners' view of the watershed system throughout Chanhassen. It is also a goal to produce a wetland information sheet for new homes adjacent to a wetland or which have wetlands on their property letting them know what the regulations are and some tips on how they can protect and preserve the wetland. X\cfsl \vol2\eng\phillip\admin\goals 1999plan.doc Senior Commission Goals and Objectives for 1998-1999 o Identify issues facing senior citizens and present them with possible solutions and recommendations to the City Council. The commission discussed the possibility of a "Senior Needs Study" with the City Council. The study would be similar to that which was conducted in 1990, open ended with no preconceived ideas. The study would take place after the release of the 2000 census. The current Metropolitan Council projections indicate a 45% increase in the senior population by the end of the decade. If the 2000 census confirms these projections, a larger percentage of the overall population will be seniors which will lead to larger issues and type of services catering to seniors. The commission's goal is to be proactive and prepare for these needs rather than react to them. This goal is consistent with the City Council's action step to provide Quality Amenities, Community Involvement, and assessing the need for more senior housing, assisted living, and Long-term care nursing Home. Congregate Dining - Meals On Wheels: The program has been running successfully and the number of seniors using the program continue to increase. This goal was a priority from last year and has been accomplished. The Senior Commission intends to advertise the program and ensure that those who need it are aware of its existence. The commission also intends to encourage volunteers (other than seniors) to participate in serving and delivering meals. This goal is consistent with the Cost-Effective Quality Services, Community Involvement and giving businesses in the community the opportunity to volunteer their time and serviceso Senior Center: The number of activities and attendees of the center continue to increase. Some activities have been moved to the Recreation Center while others have a cap on how many may attend. The Senior Commission realizes that the City does not intend any space/building expansions in the near future, however~ if and when an expansion takes place, the Senior Center need to be enlarged. This goal is consistent with Quality Amen/ties. Transportation: Transportation continues to be an ongoing challenge for seniors. The Senior Commission recently formed a "Senior Transportation Needs Committee." The mission and objective of the commission is 1) to help resolve senior transportation problems, 2) improve existing transportation service, i.e. Southwest Metro TranSit and CART, and 3) obtain a senior van or bus, 10-15 passengers, with handicap lift. the van/bus would be used for senior activities under the direction of the Senior Center. Staff is also working with Southwest Metro Transit to conduct a survey of all seniors in the community to learn more about their transportation needs. As a result of these ongoing discussions, Southwest Metro Transit added Dial-A-Ride Sunday service. This goal is consistent with Strategy 5, Encourage and promote community connections, work with a variety of groups (commissions, other government agencies and private entities) to ensure that the public transportation needs of Chanhassen residents and businesses are met. o Information And Referral / Senior Information Line: The Senior Center was rewarded a new computer and software from United Way. Staff was directed to advertise the program and make people aware of the availability of the service. This goal also falls under Cost- Effective Quality Services. o Educate future generations of seniors: Increase awareness of the opportunities and challenges that face seniors in Chanhassen. A subcommittee organized a slide show presentation which was shared with the City Council. It will be presented to the community and schools. This goal falls under Community Involvement. Communication With Neighboring Senior Centers and Community Education: a. Coordination of events. b. Transportation coordination with other senior centers and community education. This goal is consistent with Cost-Effective Quality Services. Senior Parking At Public Buildings: Ongoing. The Senior Commission shall contact local businesses and request the installation of the signs at their parking lots. This goal is consistent with encouraging the participation of businesses in community events. Support Senior Expo. This goal is gives staff an opportunity to learn about issues facing seniors, what other communities are doing to address these issues and form partnerships with other agencies. The Expo is held once a year and the cost for this valuable service is only $10.00 per person. It is a Cost-Effective Quality Service. t0. Support: Chanhassen Heritage Preservation Urgent Care Facilities Food shelf Inter-generational activities This goal is consistent with the City Center Identity action plan and History Preservation. In the past the Senior Commission members raised money to buy a brick for the Chanhassen Depot and organized several activities in the Senior Center to raise additional funds for the same. 11. Have an annual joint work session between the Senior Commission and the City Council to present the goals and objectives for the year and insure that the Council's vision and their expectations of the Senior Commission will be met. This goal is consistent with Community Involvement. The Senior Commission members are actively involved in the community. Each member is assigned the duty of attending a senior activity once a month to listen and educate seniors on programs available to them and hear their concerns and issues facing them. Through this format, they are able to poll a representative sample and report the key issues to the City Council. gSplan\sa\sc\goals98-99.doc