2. City Code Amendments Issue PaperCITY OF
CHANHASSEN
7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
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3-a
MEMORANDUM
TO: Planning Commission
FROM: Bob Generous, Senior Planner
DATE: November 19, 2013
SUBJ: City Code Amendments
BACKGROUND
The Planning Commission has review responsibility for Chapters 18 and 20. A
public hearing is required to make changes in these chapters. Section 20 -42 (a) states
that amendments to the Zoning Ordinance be initiated by City Council, the Planning
Commission or a petition of a property owner. Most of these amendments are simple
corrections; however, some are more substantive in order to comply with state or
watershed requirements. Therefore, staff is requesting that the Planning Commission
direct staff to prepare the amendments to the subdivision and zoning ordinances for
public hearing.
While the Planning Commission does not have review authority over Chapters 1 — 17,
we are providing the Planning Commission with an opportunity to help refine the
amendments and review the issues and proposed changes.
DISCUSSION
Chapter 18, Subdivision
Section 18 -61
Issue: Within 18 -61, delete the following species from the Approved Tree List:
• Fraxinus spp — ash will not be permitted to be planted due to emerald ash borer
(EAB) which is fatal to all ash.
• Picea pungens — Colorado spruce are susceptible to disfiguring and sometimes
fatal fungal infections significantly reducing their value as landscape trees.
Sec. 18 -61. - Landscaping and tree preservation requirements.
(a) Required landscaping /residential subdivision.
(1) Each lot shall be provided with a minimum of one deciduous or conifer tree to
be placed in the front yard. The type of tree shall be subject to city approval.
Coniferous trees must be at least eight feet high and deciduous trees must be at
least two and one -half inches in diameter at the time of installation. This
requirement may be waived by the city where the applicant can demonstrate that a
suitable tree having a minimum diameter of two and one -half inches for
deciduous and eight -foot height for conifers is located in an appropriate location
on the lot. The following trees may be used to meet planting requirements:
Chanhassen is a Community for Life - Providing for Today and Planning forTomorrow
Planning Commission
City Code Amendments Issue Paper
November 19, 2013
Page 2 of 8
Scientifieame
Deciduous Trees
Common Name
Acer saccharum
Maple, Sugar or hard
Carya ovata
Shagbark Hickory
Celtis occidentalis
Hackberry
Juglans nigra
Black Walnut
Quercus rubra
Oak, Red
Oak, White
Quercus alba
Quercus bicolor
Oak, Bicolor
,Quercus macrocarpa
Oak, Bur
Tilia americana
Linden, American
,Acer rubrum spp.
Maple, Red, all varieties
IAcerxfreemanii, spp.
Maple, Freeman, all varieties
Acer saccharinum 'Silver Queen'
Maple, Silver Queen
Aesculus glabra
Ohio Buckeye
�Betula nigra
Birch, River
iBetula papyrifera
Birch, paper
Betula pendula 'Dalecarlica'
Birch, cut leaf weeping
Catalpa speciosa
Northern Catalpa
Ash,
Ginkgo biloba
Ginkgo
Gleditsia triacanthos inermis, spp.
Honeylocust, thornless - all varieties
Gymnocladus dioicus
Coffeetree, Kentucky
Tilia spp.
Linden, all varieties
Ulmus spp.
ELM, DED- resistant varieties
Scientific Name
Ornamental Trees
Common Name
!Acer ginnala*
I Maple, Amur
Amelanchier spp.
Serviceberry or Juneberry
Crataegus spp. Hawthorn, all varieties
Malus spp. Crabapple, assorted flowering- Varieties
Planning Commission
City Code Amendments Issue Paper
November 19, 2013
Page 3 of 8
Ostrya virginiana
Ironwood
Populus tremuloides
Aspen
Sorbus spp.
Ash, Mountain, all varieties
lPhellodendron amurense
Amur Corktree
Prunus cerasifera 'Newport'
Plum, Newport
jPrunus triloba
Plum, flowering or Rose Tree of China
Prunus virginiana 'Schubert'
Chokeberry, Schubert
Syringa reticulata —
Lilac, Japanese tree
Scientific Name
Conifers
Abies balsamea
Common Name
Fir, Balsam
Abies concolor
Fir, Concolor
Larix laricina
Tamarack
Picea abies
Picea glauca -- - - ` - - _
Spruce, Norway
Spruce, White -- - - --
Picea glauca densata
Spruce, Black Hills
Pinus nigra
iPinus ponderosa
Pine, Austrian
Pine, Ponderosa
Pinus resinosa
Pine, Norway
iPinus strobus
Pine, White
Pinus sylvestris
Pine, Scotch
Pseudotsuga menziesii
Fir, Douglas
huja occidentalis
Arborvitae
Thuja occidentalis ' Techny'
Techny Arborvitae
* These trees shall be restricted; quantities and location must be approved by the city in a
landscape plan.
Planning Commission
City Code Amendments Issue Paper
November 19, 2013
Page 4 of 8
Chapter 20, Zoning
Article VIII, PUD District
Issue: The current ordinance does not address the Minnesota Department of Natural Resources
requirement for open space in planned unit developments within the shoreland protection district.
DNR regulations (section 6120.3800) require that current provisions of the shoreland
management controls be incorporated in local government regulations. These provisions address
open space requirements (50 %), density and protection of natural features. The shoreland
district extends 1,000 feet out from the edge of a protected water body.
Article XXIII, General Supplemental
Section 20 -904
Issue: The language causes some confusion regarding the location of docks. Dock location is
covered in section 20 -920 of the zoning ordinance.
Sec. 20 -904. - Accessory structures.
(a) A detached accessory structure, cxeept a aeek, shall be located in the buildable lot area or
required rear yard. No accessory use or structure in any residential district shall be located in
any required front, side or rear setback with the following exceptions:
(1) In the A2, RR, RSF, RLM and R4 districts accessory structures shall not exceed 1,000
square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear
setback as follows:
a. Less than 140 square feet, minimum rear setback is five feet.
b. One hundred forty -one to 399 square feet, minimum rear setback is ten feet.
c. Four hundred square feet and above, minimum rear setback is 30 feet, except in the
RLM district where the minimum rear setback is 25 feet.
(2) On riparian lots, detached garages and storage buildings may be located in the front or
rear yard but must comply with front, side and applicable ordinary high water mark
setbacks and may not occupy more than 30 percent of the yard in which it is built.
(3) Tennis courts and swimming pools may be located in rear yards with a minimum side and
rear yard setback of ten feet, but must comply with applicable ordinary high water mark
setbacks.
(b) A detached accessory structure may occupy not more than 30 percent of the area of any rear
yard.
(c) For parcels with less than three acres in any residential or agricultural district, no accessory
structure or use shall be erected, constructed or commenced prior to the erection,
construction or commencement of the principal permitted structure or use, but may be
erected or commenced simultaneously. If the principal structure or use is subsequently
removed, destroyed or discontinued, the accessory structure or use must be removed or
discontinued within 12 months.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act
contained in M. S. §§ 1144.411 to 1144.417.
(e) Docks, which shall comply with section 20 -920.
Planning Commission
City Code Amendments Issue Paper
November 19, 2013
Page 5 of 8
Section 20 -908
Issue: The exemptions to the yard regulations are applicable to the principal structure and not
detached accessory structures, which have separate regulations.
(5) The following architectural elements of the principal structure or if attached to the
principal structure shall not be considered to be obstructions (variances granted from a
required setback are not entitled to the following additional encroachments):
a. Into any required front yard, or required side yard adjoining a side street lot line,
cornices, canopies, eaves, or other architectural features may project a distance not
exceeding two feet, six inches; fire escapes may project a distance not exceeding four
feet, six inches; an uncovered stair and necessary landings may project a distance not to
exceed six feet, provided such stair and landing shall not extend above the entrance floor
of the building; bay windows, balconies, open porches and chimneys may project a
distance not exceeding three feet; unenclosed decks and patios may project a distance not
exceeding five feet. Other canopies may be permitted by conditional use permit.
b. The above -named features may project into any required yard adjoining an interior lot
line, subject to the limitations cited above.
c. Porches that encroach into the required front yard and which were in existence on
February 19, 1987, may be enclosed or completely rebuilt in the same location provided
that any porch that is to be completely rebuilt must have at least a ten -foot minimum front
yard.
d. Subject to the setback requirements in section 20 -904, the following are permitted in the
rear yard: Enclosed or open off -street parking spaces; accessory structures, toolrooms,
and similar buildings or structures for domestic storage. Balconies, breezeways and open
porches, unenclosed decks and patios, and one -story bay windows may project into the
rear yard a distance not to exceed five feet.
e. Into any required front, rear, or side yard: driveways, sidewalks, fences and retaining
walls.
f The intent of this section is to allow homes built prior to February 19, 1987, to add an
open porch as an architectural feature to define the entrance into a residence or update a
front elevation.
1. Homes built prior to February 19, 1987, may have open porches and /or balconies that
encroach into the required front yard a distance not exceeding ten feet, provided they
maintain a minimum front yard setback of 20 feet. The ten feet shall include the roof
line, support columns and steps. This area shall not be enclosed nor screened with
mesh, glass, or other similar material. Homes that are on the national register listing
or have been considered eligible for listing on the national register shall be excluded
from this ordinance unless approved by the national historical registrar's office.
Section 20 -909 (6) a.
Issue: An incorrect word is used. The structure is principal (main or primary), not principle
(idea, law, doctrine or assumption).
Planning Commission
City Code Amendments Issue Paper
November 19, 2013
Page 6 of 8
(6) Continued storage of boats, all- terrain vehicles, snowmobiles and trailers may be stored
in the side or rear yard, if owned by a resident owner or lessee of the property and subject
to the following:
a. Such storage may not extend beyond the front of the principle principal structure.
b. On corner and double frontage lots, the front of the structure shall be defined as the
side accessed by a driveway to the public street.
Section 20 -960, Surface Water Management
Issue: The City has had two reiterations of the surface water management plan adopted, the
most recent in 2006. Staff proposes that we reference the plan without a specific date.
All development shall comply with the city's most recently adopted surface water management
plan dated FebFaa -y 1994, which is incorporated herein by this reference.
Chapter 1
Section 1 -2
Issue: There is no definition of what is considered an "expansion" for non - conforming uses.
Expansion
Minnetonka has this definition: an increase in the floor or land area or volume of an existing
building.
Lakeville has this in their ordinance: expand the foundation and/or building size (including deck
additions), increase the building occupancy, capacity or parking demand, increase the degree of
the nonconforming condition of the building, site or the use.
Issue: The definition of a flag/neck lot had an illustration attached to it, but was not codified.
Staff proposes that the illustration be added to clarify the definition.
Lot, flag /neck means a lot that does not provide the full required frontage on a public
right -of -way, but rather is served by a narrow "neck" of land that extends to the street. To
meet the definition the neck must be at least thirty (30) feet wide. The lot width on neck
or flag lots and lots accessed by private streets shall be one hundred (100) feet as
measured at the front building setback line. The location of these lots is conceptually
illustrated below. (18, 20)
Planning Commission
City Code Amendments Issue Paper
November 19, 2013
Page 7 of 8
Ne Fbg W.
Pasture
There is currently no definition for an acceptable pasture area for the holding of horses.
Chapter 5
Article III, sections 5 -89 and 5 -104
Issue: Need to note that shelter shall be provided to accommodate all horses in the pasture. The
acreage for horses is contingent on the available pasture area, not the total lot area.
Sec. 5 -104. - Conditions required for issuance.
(a) A stable permit shall be issued by the city clerk upon approval by the stable inspector if the
following conditions are met:
(1) Minimum acreage for two horses shall be 1' /z acres, and for three horses shall be two
acres, and an additional one -third acre shall be required for each additional horse.
(Pasture area)
(2) No stable permit shall be issued for a lot of less than one acre.
(3) Such area shall be enclosed by a sturdy wood, metal, or electrical fence which will keep
the animal or animals confined within.
(4) A shelter or stabling facility which will keep the animal or animals comfortable and
protected from the elements and which shelter or stabling facility shall be no closer than
100 feet from any structure other than the applicant's, which is used for residential
purposes.
(5) The shelter or stabling facility shall be so located so as not to create a public nuisance.
(6) The shelter or stabling facility shall be clean and sanitary such that it will not be a
harborage for rodents, flies and insects.
(7) Keeping, storing, stabling, or maintenance of horses shall not directly contribute to the
pollution of any public body of water.
(8) Accumulations of manure shall be located at least 100 feet from any well.
(9) All accumulations of manure shall be removed at such periods as will ensure that no
leaching or objectionable odors exist, and the premises shall not be allowed to become
unsightly.
(10) The shelter structure shall be a minimum of 200 feet from any wetland.
Planning Commission
City Code Amendments Issue Paper
November 19, 2013
Page 8 of 8
Chapter 19, Article V. Storm Sewers
Section 19 -99
Issue: Given the current construction prices staff recommends that the required bond amount be
increased to $25,000 to provide sufficient funds for any necessary street restoration, boulevard
restoration and other costs associated with storm sewer work.
Sec. 19 -99. - Same —Bond.
Each licensee under this article shall file with the city a corporate surety bond in an amount not
less than $5,000.00 25,000.00 to insure proper performance of work in connection with or storm
sewer connections, to save and hold the city harmless in the performance of his work, to insure
completion of sanitary sewer, water, and storm sewer connections in the event of failure or
defect caused by the licensee, and to insure compliance with all pertinent ordinances.
RECOMMENDATION
Staff is requesting that the Planning Commission direct staff to prepare ordinances amending the
subdivision and zoning ordinances for public hearing.
gAplan \city code\2013\issue paper 11- 19- 13.doc