5 ConsiderAmendmentsBluffCrkOvrCITY OF
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'¢w~",~' ,'i c nanhassen rnr] us
MEMORANDUM
TO:
Planning Commission
FROM:
Angela Auseth, Planning Technician
DATE: January 6, 2004
SUB J:
Amendment of Ordinance, Chapter 20, Article XXI, Chanhassen
City Code, Bluff Creek Overlay District (BCO)
SUMMARY PROPOSAL
Staff is working to correct an unintended result of language in the BCO
ordinance, eliminating the requirement for a conditional use permit and setback
variances for structures on property within the district that were built on lots
prior to the adoption of the ordinance.
BACKGROUND
The city initiated a study of the Bluff Creek Watershed in 1996; this created the
Bluff Creek Watershed Natural Resources Management Plan. This plan
provided the framework for the BCO district.
The Bluff Creek Overlay District was adopted on December 14, 1998. The
intent of the Bluff Creek Overlay District is 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 intent of the primary zone is to preserve the natural areas surrounding Bluff
Creek as undisturbed land, thus limiting the direct impacts of human activity to
maintain the natural condition of the creek and its tributaries. The intent of the
secondary zone is to minimize development impacts, focusing on minimizing
grading and the removal of natural vegetation, resulting in better habitat and
reducing the strain on Bluff Creek.
SUMMARY OF ISSUE
As the District was overlaid upon existing subdivisions, the guidelines for
development had an unintended impact on existing developed properties.
Section 20-1554, Conditional Use Permits of the current ordinance requires a
conditional use permit prior to any development or alterations to properties
located within the district. The effect of this language is that any existing
IheCityofChanhasseno,: r ,:,m{i ',,'ir Jrlit, ¢:;h(;~,!i ikos,, q:~]iity<"c,;,, r:, :, ,,: :, . ; , ; : :;':,
property subdivided and/or developed within the district prior to the adoption of
the BCO District must apply for a conditional use permit for construction of a
deck, remodel, shed, etc.
A second issue is in Section 20-1564, Structure Setbacks which requires a forty
(40) foot setback from the primary zone with no disturbance within the first
twenty (20) feet of such setback. Many properties existing prior to the adoption
of the BOC District do not meet this requirement and therefore require a
variance to the setback requirement as well as a conditional use permit prior to
the construction of a deck, remodel, shed, etc.
Staff is proposing a solution similar to the requirements of the Bluff Protection
ordinance. Staff believes these changes relieve an onerous burden on property
owners and is recommending approval of the amendment.
EXAMPLE OF IMPLICATIONS
Attached is an example of a subdivision with hardship created to properties by
the adoption of the BCO district. This specific subdivision was approved in
1996, prior to the adoption of the BCO in 1998. Each property within or
touching either the primary or secondary zone is required to apply for a
conditional use permit for any new construction on their property, this includes,
decks, sheds, remodeling, etc. By adding Section 20-1554 (b), these properties
and other properties with buildings constructed prior to December 14, 1998 will
be exempt from the CUP requirement. By adding Sec. 20-1564 (b), these
properties as well as other properties with buildings constructed prior to
December 14, 1998 would not have to apply for a setback variance as they do
not meet the forty (40) foot primary setback requirement.
PROPOSED CHANGES
Staff is proposing the following amendment and additions to the Bluff Creek
Overlay District Ordinance (shown in bold):
BCO Section 20-1554. Conditional Use Permits.
(a) 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.
(b) All lots of record in existence and parcels of land located within
the Bluff Creek Overlay District on which a building has been
constructed prior to December 14, 1998 are exempt from
requiring a Conditional Use Permit. Further subdivision of the
property will require a conditional use permit and shall comply
with the Bluff Creek Overlay District.
BCO Section 20-1564. Structure Setbacks.
(a) All structures shall be setback a minimum of forty (40) feet from the
Primary Zone. No disturbance of the site shall occur within the first
twenty (20) feet of such setback.
(b) On parcels of land located within the Bluff Creek Overlay
District on which a building has been constructed prior to
December 14, 1998:
(1) The minimum setback from the primary zone shall be the
existing setback, if less than forty (40) feet.
(2) If the existing building or structure setback is less than
forty (40) feet and greater than or equal to twenty (20)
feet, then the first 50 % of the established primary zone
setback shall remain undisturbed.
(3) If the existing building or structure setback is less than
twenty (20) feet there shall be no grading or alterations
beyond the existing setback.
RECOMMENDATION
Staff is recommending that the Planning Commission adopt a motion
recommending approval of amending the Bluff Creek Overlay District, adding
Section 20-1554 (b) and Sec. 20-1564 (b) as stated above.
ATTACHMENT
1. Ordinance Amending Chapter 20, Chanhassen City Code
2. Map of the Bluff Creek Overlay District
3. Example of Subdivision Affected by the Adoption of the BCO District.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, Article XXXI
CtlANHASSEN CITY CODE,
BLUFF CREEK OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Thc City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 20-1554 (b), which shall read as follows:
All lots of record in existence and parcels of land located within the Bluff Creek Overlay
District on which a building has been constructed prior to December 14, 1998 are exempt
from requiring a Conditional Usc Permit. Further subdivision of thc property will require
a conditional usc permit and shall comply with the BluffCreek Overlay District.
Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 20-1564 (b), which shall read as follows:
On parcels of land located within the Bluff Creek Overlay District on which a building
has been constructed prior to December 14, 1998:
(1) The minimum setback from the primary zone shall be the existing setback, if
less than forty (40) feet.
(2) If the existing building or structure setback is less than forty (40) feet and
gq:eater than or equal to twenty (20) feet, then the first 50% of the established
primary zone setback shall remain undisturbed.
(3) If the existing building or structure setback is less than twenty (20) feet there
shall be no grading or alterations bcyond the existing setback.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of
City Council of the City of Chanhassen, Minnesota
,2004, bythe
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Fillager on )
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, ARTICLE XXXI
OF THE CHANHASSEN CITY CODE
BLUFF CREEK OVERLAY DISTRICT.
The purpose of this code amendment is to exempt existing developed properties and
lots of record locatcd in the Bluff Creek Overlay District fi'om CUP requirement prior to any
alterations and incorporate relief from setback requirements.
A printed copy of Ordinance No. __ is available tbr inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this
2004, by the City Council of the City of Chanhassen.
__day of
CITY OF CHANHASSEN
Todd Gerhardt, City Manager/Clerk
(Summary Ordinance Published in the Chanhassen Villager on ).