5 Code AmendmentsCITYOF
690 Ci{y Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.93Z 1900
General Fax 612.937.5739
Engineering tax 612.937.9152
Public SafeO, Fax 612.934.2524
Web wwu,.ci, chanhassen, mn. us
MEMORANDUM
TO:
Planning Commission
FROM:
Kate Aanenson AICP, Community Development Director
DATE:
August 1, 2000
SUB J:
Code Amendments
BACKGROUND
Periodically the staff has recommended a series of code amendments. These
amendments are a result of ambiguous language that may lead to diverse
interpretations or pl.ain uncertainty. Staff is recommending changes to the code
that should resolve these known problems. Any amendments to Chapter 20
require a public hearing. There are some proposed amendments to'Chapter 18,
but do not require a public hearing before the Planning Commission in order to be
amended. However, they do require approval by the city council. They are shown
here for your edification.
ANALYSIS
CHAPTER 20 ZONING
SEC 20-1 Definitions, add:
Buildable area. There has been a lot of confusion about buildable area.
In some sections of the code it states a minimum of 60' x 40' pad while other
areas it states 60' x 60' and the terms are not consistent. The PUD standard (60' x
40') was adopted in 1992. The wetland ordinance (60' x 60') was adopted in
1995. The tree removal requirement in subdivision regulations was adopted in
1996. Each lot must be buildable; this means it must meet the impervious surface
requirements, meet minimum square footage for the type of dwelling and meet all
required setbacks. Each lot shown for a subdivision is required to show the type
of home proposed with the finished elevation. Having different definitions in
different section of the code adds to the confusion. All lots are limited to the
buildable area by the setbacks. They may further be restricted by easements
(utility, conservation, etc.) shoreland regulations, wetland setbacks, bluff
setbacks and drainage easements. The purpose of the buildable area is to provide a
lot size that meets the minimum home size while providing some additional yard
space. Minimum lot size was never intended to force a certain home shape
(square). Lots come in all different shapes and sizes, as do homes. This variety
is what allows for different price points on homes and lots. The most frequent
problem faced, is homes that are too large for the lot. We have moved from two
The City of Chanhasse,. A ffrowin~, community with clean {aka, qua{ity schools, a charmine downtown, thrivine businesses, and beautiful oarks. A ereat olace to live, work, and
Code Amendments
Page 2
car garages to three car garages, which may use more impervious surface and
require a greater width.
Staff is recommending in addition to the definition of building area to state: Buildable area
means the area of a lot remaining after the minimum yard and open space requirements of this
chapter have been met. The buildable area excludes the area required for all setbacks, which
may include wetland and wetland buffer, drainage and utility easements, shoreland, and
bluff setback, conservation or tree preservation easements, etc. All lots must have a
buildable area of 2,400 sq. ft. that will allow for an adequate building pad.
Story This issue surfaced when the Legion proposed a building with a walk out
basement. Staff made the interpretation that it was one story, based upon the Uniform Building
Code Definition. The proposed language should clarify the definition of a story.
Story: That portion of a building included between the surface of any floor and the surface
of the floor next above it. Or if there is no floor above it, then the space between the floor and
the ceiling next above it and including those basements uses for the principal use. If the
height is more titan 12feet at any point, or if the height is more than 6 feet formore 50% of
the perimeter than it is considered a story.
C
Standing seam metal roof is not defined inthe city code. There are several applications of
standing seam metal roofs in the city. The use of metal siding is acceptable onlyas accents on
building and is defined in the code (Sec 20-116 (b)). This definition clarifies the application on
standing seam metal on roofs.
Standing Seam Roof is a deck roof consisting of flat metal joined by vertical or overlapping
seams.
Code Amendments
August 1, 2000
Page 3
Body shop this is a permitted use in some of the commercial districts and needs a definition.
Body shop is an establishment primarily engaged in the repair of auto bodies, automotive
painting and refinishing.
ARTICLE VIII. PLANNED UNIT DEVELOPEMT
Sec 20-506(b) Standards and guidelines for Single Family detached Residential PUDs,
.... "The "applicant must demonstrate that each lot is able to accommodate a 60 x 40 foot
build able area. ing pad and a twelve foot by twelve foot deck without intruding into any
required setback area or protective easement. Each home must also have a minimum rear yard,
thirty (30) foot deep. This area my not be encumbered by the required home/deck pads or by
wetland/drainage easements. It may include area with step terrain or tree cover.
Sec 20-508 Minimum Lot size in PUD, (b) "Minimum lot sized Minimum lot sizes down to
five thousand (5, 000) square feet may bc allowed There shall be no minimum lot size, however
in no case shall net density exceed guidelines established by the city'
This change eliminates the contradiction between minimum and no minimum.
ARTICLE VI. Wetland Protection
Sec 20-406 Wetland buffer Strip and Setback,
"On single-family subdivisions in the RSF district, the applicant must demonstrate that
each lot provides sufficient area to accommodate the applicable front yard setback, 60 x 60 foot
deep buildable area. ing pad, and a thirty foot rear yard area. All of these elements must be
outside of designaled wetland and bufJbr strip areas."
Section 20-406 Wetland structure and Setback
There is some ambiguity regarding principal and accessory structure setbacks. There is a 40'
setback in the Primary Bluff Creek Zone, with no work allowed within the 20' setback nearest
the primary zone. Similarly, in the 30' required bluff setback, no work is allowed within the 20'
bluff impact zone, but work is allowed within the first 10' of the setback from the bluff.
We are proposing that the City revise the current table and diagram to reflect the following:
"Accessory structures are allowed within the first 1/2 of the principal structure setback.
This accessory structure setback would vary by wetland type. For an ag/urban wetland,
the back edge of the principal structure would have to be 40' from the edge of the buffer,
but the back edges of accessory structures would have to be located at least 20' from the
edge of the buffer."
Code Amendments
August 1, 2000
Page 4
Wetland Type Pristine
Principal Structure 100'
Setback
Accessory Structure 50'
Setback
Buffer Strip 20-100'
Buffer Strip Minimum 50'
Average Width
% of Native Vegetation Entire
in Buffer Strip
Natural Ag/Urban Utilized
40' measured 40' measured 0'
from the outside from the outside
edge of the edge of the
buffer strip buffer strip
20' measured 20' measured 0'
from the outside from the outside
edge of the edge of the
buffer strip buffer strip
10-30' 0-20' 0'
20' 10' 0'
Entire Optional Optional
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Code Amendments
August 1, 2000
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CHAPTER 18 SUBDIVISIONS, ART. III Design Standards
Sec 18-61 Landscaping and tree preservation requirements (d) (4) "In a single family
detached residential developments the applicant must demonstrate that suitable homes site exist
on each lot by describing a 60 x 60 foot buildable area ing pad. (which includes deck area) with
out intruding into required setback and easements."
ARTICLE VII Shoreland Management
Sec 20-481 Shoreland Regulations, (b) "Additional Structure setbacks. The following
additional structures setbacks apply regardless of the classification of the waterbody. " These
setbacks are inclusive. They are not to be added to the required setbacks.
Lot Frontage in the A-2 & RR Districts: There is a requirement that lots fronting on a cul-de-
sac be at least 200 feet in width at the building setback line. The same language appears in the
lot depth requirements and is in error because it is duplicated from the frontage standard, which
reads "(2) The minimum lot frontage is two hundred (200)feet, except that the minimum lot
fi~ontage of lots fronting on a cul-de-sac shall be at least two hundred (200)feet at the building
setback line."
ARTICLE X. "A-2" AGRICULTRUAL ESTATE DISTRICT
20-575 Lot Requirements and Setbacks.
(3.) The minimum lot depth is two hundred (200)feet, except that lots fi'onting on a cul dc sac
shall bc at least two (200)feet at thc building setback linc.
ARTICLE XI. "RR" RURAL RESIDENTAIL DISTRICT
20-595 Lot Requirements and Setbacks.
(3.) The minimum lot depth is two hundred (200)feet. except that lots fronting on a cul de sac
shall be at least two (200)feet at the building setback line.
ARTICLE XXIII. General Supplemental Regulations
Alternative lot size requirement in A-2 and RR Residential District
In Section 20-906 it allows lots an alternative lot size (as small as 15,000 square feet) if the 1
unit per 10 acres is maintained. In the A-2 and the RR zoning district it states that these lots
must have a minimum frontage and depth of 200 feet. Therefore, the smallest lot size permitted
is 40,000 square feet. The proposed change will allow lots as small as 15,000 with the standards
of RSF district.
20-906 Alternative lot size requirement in A-2 and RR Residential District
Minimum lot size requirement in the A-2 and RR Residential Zoning Districts located outside of
the Metropolitan Council's Urban Service Area shall be regulated by article IX and article X of
this chapter, respectively, or in the alternative may be fifieen thousand (15, 000) square feet and,
Code Amendments
August 1, 2000
Page 6
ninety (90)foot minimum lot frontage, ten (lO)foot side yards and thirty O0) foot front and
rear yards, if the following conditions are met...
Sec 20-978 Subordinate Use
The staff has difficulty enforcing home occupations that operate out of a garage or accessory
building. The most common violator is a contractors' yard. They tend to seek out properties
with a pole barn. Because there is no business license requirement, contractors' yards are
difficult to track until the complaints from the neighbors start.
The use ora dwelling for any home occupation shall be clearly incidental and subordinate to its
residential use. Not more than twenty-five (25)percent of the floor area of the one (1)floor ora
dwelling unit shall be used in the conduct of the home occupation. No garage or accessory
building except accessory agricultural buildings existing on Fcbrua~T 19, 1987 shall be used for
any home occupation.
Topsoil requirement
The city has adopted the best management practices book which describes limits to soil erosion.
One of the practices is 3 inches of tilled soil before seed or sod is applied. The book does not
specifically state that topsoil should be replaced on all distributed areas. Amendments in the
zoning and subdivision chapters will require all lots to replace all disturbed area with topsoil.
Topsoil should also assist in preservation of lawns.
ARTICLE II. Administration and Enforcement Division 5
Sec 20-94 Grading and Erosion Control.
(c) Event effbrt shall be made to minimize disturbance of existing ground cover. No grading or
filling shall be permitted within forty (40)feet of the ordinary high water mark of a waterbody
unless specifically approved by the city. All disturbed areas shall be replaced with a minimum
of four (4) inches of topsoiL To minimize the erosion potential of exposed areas, restoration of
ground cover shall be provided within five (5) days after completion of the grading operation.
CHAPTER 18 SUBDIVISONS
ARTICLE III. Design Standards
Sec 18-62 Erosion and Sediment control
(a) The development shall conform to the topography and soils to create the least potential for
soil erosion. Four (4) incites of topsoil shall be replaced on all disturbed areas.
DIVISION 2 PARKING AND LOADING
Section 20-1124 Required number of on-site parking spaces
Code Amendments
August 1, 2000
Page 7
The State Building Code requires handicapped parking stalls be provided for each 25 parking
stalls. The zoning ordinance requires one stall for each fifty stalls. The State Building Code
regulates handicapped parking. The amendment will not state a standard but will reference the
State Building Code.
Sec20-1124 Required number of on-site parking spaces (1)60 One (1) handicapped parking
stall shall be placed for eaeh fifty (50) stalls. Handicapped parking spaces shall be in
compliance with the State Building Code.
Section 20-1118 Computing requirements.
There is a conflict regarding minimum drive aisle widths. It is staff' s recommendation that drive
aisle widths meet the standards in section 20-1101. To eliminate the conflict, staff is
recommending the deletion of the following section:
20-1118(a) **Aisles which are not between two (2) rows of ninety degree angle parking spaces
may be twenty two (22)feet wide.
DIVISION 2. SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT
Sec. 20-1301 Agricultural and residential districts
Currently, a business in an A-2 or residential district is not permitted signage unless specifically
spelled out in the code such as institutional or the home occupation ordinance. This amendment
would provide for signage for uses like the petting farm.
(3) Non-residential signs. Only one (1) monument sign may be permitted on the site. The
total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be
more than five (5) feet in height.
Sec. 20-1303. High~vay, general business districts and central business districts.
(l ) Pylon business sign .... This sign may identify the name of the center of or the major tenants'.
Sec. 20-1304. Industrial office park signs.
Ground low profile business signs needs to be clarified that not every tenant receives a
monument sign but rather one sign per frontage is permitted.
(2) Ground low profile business signs. One (1) ground low profile business sign shall be
permitted per site for each street frontage for each individual tcnant. Such sign shall not
exceed...
The wall sign section needs to be changed so that the language is consistent with section 20-1302
& 1303 -- need to add language that states for each business.
Code Amendments
August 1, 2000
Page 8
(3) Wall business signs. Wall business signs shall be permitted on street frontage for each
business occupant within a building only. The total of all wall mounted sign display areas for
each business shall not exceed the square ]botage established in the following table ....
Typographical Errors
Sec. 20-109 Applications
...shall be made to the ciO/planner on of-forms ......
Sec. 20-505(0 Require General Standards
... 50feet from Railroad lines fc, r or collector or arterial streets...
ARTICLE XVIII "CDB' Central Business District
Sec 20-732 (14) and (19) are duplication eliminate (19) Personal services
RECOMMENDATION
"Staff recommends the Planning Commission recommend approval to the city council the
following code amendments:
SEC 20-1 Definitions, add:
Buildable area means the area of a lot remaining after the minimum yard and open apace
requirements of this chaplet have been met. The buildable area excludes the area required for
all setbacks, which may include wetland and wetland buffer, drainage and utility
easements, shoreland, and bluff setback, conservation or tree preservation easements, etc.
All lots must have a buildable area of 2,400 sq. ft. that will allow for an adequate building
pad.
Story: That portion of a building included between the surface of any floor and the
surface of the floor next above it. Or if there is no floor above it, then the space between
the floor and the ceiling next above it and including those basements uses for the principal
use. If the height is more than 12 feet at any point, or if the height is more than 6 feet for
more 50% of the perimeter than it is considered a story.
TOP OF
FLOOR
Code Amendments
August 1, 2000
Page 9
Standing Seam Roof is a deck roof consisting of flat metal joined by vertical or overlapping
seams.
Body shop is an establishment primarily engaged in the repair of auto bodies, automotive
painting and refinishing.
ARTICLE VIII. PLANNED UNIT DEVELOPEMT
Sec 20-506(b) Standards and guidelines for Single Family detached Residential PUDs,
.... "The "applicant must demonstrate that each lot is able to accommodate a 60 x 40 foot
buildable area. ing pad and a twelve foot by twelve foot deck without intruding into any
required setback area or protective easement. Each home must also have a minimum rear yard,
thirty (30) foot deep. This area my not be encumbered by the required home/deck pads or by
wetland/drainage easements. It may include area with step terrain or tree cover.
Sec 20-508 Minimum Lot size in PUD, (b) "Minimum lot sized. Minimum lot sizes down to
five thousand (5, 000) square feet may be allowed. There shall be no minimum lot size, however
in no case shall net density exceed guidelines established by the city."
ARTICLE VI. Wetland Protection
Sec 20-406 Wetland buffer Strip and Setback,
"On single-family subdivisions in the RSF district, the applicant must demonstrate that
each lot provides sufficient area to accommodate the applicable front yard setback, 60 x 60 foot
deep buildable area. ing pad, and a thirty foot rear yard area. All of these elements must be
outside of designated wetland and buffer strip areas."
Section 20-406 Wetland structure and Setback "Accessory structures are allowed within
the first 1/2 of the principal structure setback. This accessory structure setback would
vary by wetland type. For an ag/urban wetland, the back edge of the principal structure
would have to be 40' from the edge of the buffer, but the back edges of accessory structures
would have to be located at least 20' from the edge of the buffer."
Wetland Type Pristine
Principal Structure 100'
Setback
Accessory Structure 50'
Setback
Buffer Strip
20-100'
Natural Ag/Urban Utilized
40' measured 40' measured 0'
from the outside from the outside
edge of the edge of the
buffer strip buffer strip
20' measured 20' measured 0'
from the outside from the outside
edge of the edge of the
buffer strip buffer strip
10-30' 0-20' 0'
Code Amendments
August 1, 2000
Page 10
Buffer Strip Minimum
Average Width
% of Native Vegetation
in Buffer Strip
50' 20' I0' O'
Entire Entire Optional Optional
OI
CHAPTER 18 SUBDIVISIONS ART. III Design Standards
Sec 18-61 Landscaping and tree preservation requirements (d) (4) "In single family detached
residential developments, the applicant must demonstrate that suitable home sites exist on each
lot by describing a 60 x 60 foot buildable area ing pad. (which includes deck area) without
intruding into required setback and easements."
ARTICLE VII Shoreland Management
Sec 20-481 Shoreland Regulations, (b) "Additional Structure setbacks. The following
additional structures setbacks apply regardless of the classification of the waterbody. " These
setbacks are inclusive. They are not to be added to the required setbacks.
ARTICLE X. "A-2" AGRICULTRUAL ESTATE DISTRICT
20-575 Lot Requirements and Setbacks.
(3.) The minimum lot depth is two hundred (200)feet. except that lots fi'onting on a cul dc sac
shall be at least two (200)feet at thc building setback line.
Code Amendments
August 1, 2000
Page 11
ARTICLE XI. "RR" RURAL RESIDENTAIL DISTRICT
20-595 Lot Requirements and Setbacks.
(3.) The minimum lot depth is two hundred (200)feet. except that lots fi'onting on a cul de sac
shall bc at lcast two (200)feet at the building setback line.
ARTICLE XXIII. General Supplemental Regulations
20-906 Alternative lot size requirement in A-2 and RR Residential District
Minimum lot size requirement in the A-2 and RR Residential Zoning Districts located outside of
the Metropolitan Council's Urban Service Area shall be regulated by article IX and article X of
this chapter; respeclively, or in the alternative may be fifieen thousand (15, 000) square feet and,
ninety (90)foot minimum lot frontage, ten (lO)foot side yards and thirty (30)foot front and
rear yards, (f the following conditions are met: ......
Sec 20-978 Subordinate Use The use of a dwelling for any home occupation shall be clearly
incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the
floor area of the one (1) floor of a dwelling unit shall be used in the conduct of the home
occupation. No garage or accessory building except accessory agricultural buildings existing on
February 19, 1987 shall be used for any home occupation.
ARTICLE II. Administration and Enforcement Division 5
Sec 20-94 Grading and Erosion Control.
(c) Every ef./brt shall be made to minimize disturbance of existing ground cover. No grading or
filling shall be permitted within forty (40)feet of the ordinary high water mark of a waterbody
unless specifically approved by the city. All disturbed areas shall be replaced with a minimum
of four (4) inches of topsoil. To minimize the erosion potential of exposed areas, restoration of
ground cover shall be provided within five (5) days after completion of the grading operation.
CHAPTER 18 SUBDIVISONS
ARTICLE III. Design Standards
Sec 18-62 Erosion and Sediment control.
(a) The development shall conform to the topography and soils to create the least potential for
soil erosion. Four (4) inches of topsoil shall be replaced on all disturbed areas.
DIVISION 2 PARKING AND LOADING
Sec20-1124 Required number of on-site parking spaces (1)09 One (1) handicappedparking
stall shall bc placed for each fifty (50) stalls. Handicapped parking spaces shall be in
compliance with the State Building Code.
Code Amendments
August 1, 2000
Page 12
Section 20-1118 Computing requirements.
There is a conflict regarding minimum drive aisle widths. It is staff' s recommendation that drive
aisle widths meet the standards in section 20-1101. To eliminate the conflict, staff is
recommending the deletion of the following section:
20-1118(a) **Aisles which are not between two (2) rows of ninety degree angle parking spaces
may be twenty two (22)feet wide.
DIVISION 2. SIGNS ALLOWED IN SPECIFIC DISTRICTS BY PERMIT
Sec. 20-1301 Agricultural and residential districts
(3) Non-residential signs. Only one (1) monument sign may be permitted on the site. The
total sign area shall not exceed twenty-four (24) square feet of sign display area, nor be
more than five (5) feet in height.
Sec. 20-1303. Highway, general business districts and central business districts.
(1) Pylon business sign .... This sign may ident!fy the name of the center ~. or the major tenants.
Sec. 20-1304. Industrial office park signs.
Ground low profile business signs needs to be clarified the not every tenant receives a monument
sign but rather one sign per frontage is permitted.
Typographical Errors
Sec. 20-109 Applications
... shall be made to the city planner on of-forms ......
Sec. 20-505(t) Require General Standards
... 50 feet fl'om Railroad lines for or collector or arterial streets...
ARTICLE XVIII "CDB" Central Business District
Sec 20-732 (14) and (19) are duplication eliminate (19) Personal services"
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