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PC Staff Report 4-5-05 CITY OF CHANHASSEN 7700 Market Boulevard POBox147 Chanhassen, MN 55317 Administration Phone: 952,227.1100 Fax: 952,227.1110 Building Inspections Phone 952,227.1180 Fax: 952227.1190 Engineering Phone 952,227.1160 Fax: 952,227.1170 Finance Phone 952,227.1140 Fax 952227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952,227.1110 Recreation Center 2310 Coulter Boulevard Phone 952,227.1400 Fax 952,227.1404 Planning & Natural Resources Phone 952227.1130 Fax 952,227.1110 Public Works 1591 Park Road Phone 952227.1300 Fax 952,227.1310 Senior Center Phone 952,227.1125 Fax 952227.1110 Web Site vNfI'l,ci ,chanhassen, m n ,us []] MEMORANDUM TO: Planning Commission FROM: Kate Aanenson AICP, Community Development Director DATE: April 5,2005 SUBJ: Liberty on Bluff Creek - Town and Country Homes Planning Case No. 05-11 This item was originally scheduled as a public hearing. Because of the size of the project, the fact that in the last two months there are four new planning commissioners, and that staff wanted additional Commission direction on some of the elements of the proposed development, this item has been rescheduled as an open discussion item. Some of the items we will be reviewing are: . The Bluff Creek Overlay District . 2005 Land Uses · AUAR (Alternative Urban Area Review) (Environmental Assessment) · The conceptual approval for the Town and Country Development · Major features of the Liberty on Bluff Creek Development ATTACHMENTS 1. Liberty on Bluff Creek Plans. 2. Town and Country Conceptual Staff Report. 3. AUAR Mitigation Plan. 4. Bluff Creek Overlay District Ordinance. g:\plan\200S planning cases\OS-ll liberty on bluff creek\pc open discussion 4- Ldoc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A gæat place to live, work, and play. PC DATE: 10/15/02 CC DATE: 10/28/02 REVIEW DEADLINE: CASE #: 2002-3 PUD By: Aanenson:v PROPOSAL: Conceptual PUD of 88.5 acres of property for 540 residential units. LOCATION: East side of Audubon Road, south of Lyman Boulevard and north of Pioneer Trail (E Yz of the NE 1,4 of Section 27, Twp 116, Rng 23 West) APPLICANT: Town & Country Homes 7615 Smetana Lane, Suite 180 Eden Prairie, MN 55344 952-253-0474 PRESENT ZONING: A2, Agricultural Estate 2020 LAND USE PLAN: Office/Industrial, Residential Medium Density, and Parks and Open Space ACREAGE: 87.4 acres gross 71.0 net acres DENSITY: 6.2 units/acre - gross; 7.6 units/acre - net SUMMARY OF REQUEST: Requesting Concept Planned Unit Development Approval for a multi-family housing project. Notice of this public hearing has been mailed to all property owners within 500 feet. Bernardi Concept PUD October 15, 2002 Page 2 EXECUTIVE SUMMARY Town and Country Homes is requesting a rezoning to allow for a mix residential development. This item was first at the August 6th Planning Commission meeting. The subject site is 88.5 acres (gross) and is currently zoned A-2 (Agricultural Estates). The subject site, the "Bernardi" parcel, is located in the 2005 MUSA area. The applicant is seeking conceptual PUD rezoning approval. Staff recommended the PUD because this site is guided for medium density residential zoning as well as being in the Bluff Creek Overlay district. The tool that the city has to cluster density out of the primary district is the PUD. As per the PUD ordinance "approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district." The purpose of the concept plan is to outline the issues that the applicant will have to further develop in order to proceed with preliminary subdivision and rezoning to PUD. The overall review process is anticipated to take a couple of years. Staff is not proposing to advance the MUSA any sooner than 2005. Staff is recommending that as a part of the PUD a variety of housing types (products not currently in the city) and different price points. The city does participate in the Livable Communities Act and has goals for housing diversity and affordability. As a part of this project staff is anticipating that the developer works towards achieving these goals. Since the last Planning Commission meeting staff has worked to inform the Planning Commission on how the land use recommendations were selected in the 2005 MUSA area. In addition the staff has been working to educate the commission on how a substantial PUD can be developed and the importance of the Town and Country project to the greater 2005 MUSA area. Concept PUD - What is required? The intent of the concept plan is to get direction from the commission and council without incurring a lot of expensive. There will be a greater level of detail required through the city code and the conditions of approval in this report. Following are the requirements for conceptual PUD approval. Sec. 20~517 General concept plan. Chanhassen City Code (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: (1) Overall gross and net density. (2) Identification of each lot size and lot width. (3) General location of major streets and pedestrian ways. (4) General location and extent of public and common open space. (5) General location and type of land uses and intensities of development. (6) Staging and time schedule for development. (b) The tentative written consent of all property owners within the proposed PUD shall be filed with the city before the staff commences review. Approval ofthe concept statement shall not Bernardi Concept PUD October 15, 2002 Page 3 obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. (c) The final acceptance of land uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. (3) The planning commission shall conduct a hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten (10) days prior to the hearing, written notification of the hearing shall be mailed at least ten (10) days prior thereto to owners of land within five hundred (500) feet of the boundary of the property and an on-site notification sign erected. (4) Following the receipt of the report and recommendations from the planning commission, the city council shall consider the proposal. If the planning commission fails to make a report within sixty (60) days after receipt ofthe application, then the city council may proceed without the report. The council may approve the concept plan and attach such conditions, as it deems reasonable. Approval shall require a four-fifths vote of the entire council. Actions required Environmental Assessment This project will require an Environmental Assessment Worksheet "EA W" because it will have more that 375 attached dwelling units. Another and more comprehensive alternative to the EA W would be an Alternative Urban Area Wide Review Process (AUAR). The review would include the entire the 2005 study area. The review would include: A. A land use plan designating the existing and proposed location, intensity, and extent of use of land and water for residential, commercial, industrial, agricultural and other public and private purposes. B. A public facilities plan describing the character, location, timing, sequence, function, use, and capacity of existing and future public facilities of the local governmental unit. The public facilities plan must include at least the following parts: 1. A transportation plan describing, designating, and scheduling the location, extent, function, and capacity of existing and proposed location of public and private transportation facilities and services; and 2. A sewage collection system policy plan describing, designating and scheduling the areas to be served by the public system, the existing and planned capacities of the public system, and the standards and conditions under which the installation of private sewage treatment system will be permitted. C. An implementation program describing public programs, fiscal devices, and other actions to be undertaken to implement the comprehensive plan. The implementation plan must include a description of official controls addressing the matters of zoning, subdivision and private sewage systems, a schedule for the implementation of those controls, and a capital improvements program for public facilities. Bernardi Concept PUD October 15, 2002 Page 4 Even though not all of the property is ready to develop at this time, staff is proposing to work with this applicant and other property owners to pursue the AUAR environmental review process. 2. Rezoning Rezoning of this property to medium density or industrial would be consistent with the comprehensive plan. If the commission were to recommend the industrial land use rather than the medium density findings would have to be prepared. BACKGROUND With the development of the comprehensive plan in 1999, this property was given the two land use alternatives: residential or industrial, as well as parks and open space within the Bluff Creek Corridor. The reason it was given both potential land uses was that the site has been and is farmed and is relatively flat. In calculating the city's 2020 land use designations this 80-acre site was calculated at 50 percent industrial and 50 percent medium density residential. (The city's 2020 land use for industrial zoning was estimated at 1,269 acres or 8.6 percent of ultimate commercial. If this site were to be developed as all residential, there would be 40 acres less of industrial land or a reduction from 1,229 or a percentage reduction of .03 percent to 8.3 percent.) Based on the developer's calculations of net developable (71 acres) with a maximum of 8 units an acre, the maximum number of units could be 568. However all of the standards of the PUD (impervious surface, parking, etc.) must be met before it can be certain how many units can fit on the site. Again design of the housing units will be evaluated as a part of this project. Architectural design standards will be developed as part of the PUD. Staff's direction to the applicant is to provide a variety of housing types and prices within the development. The subject site is anticipated to be in the Metropolitan Service Area in 2005. This does not mean that the area is ready to develop. A plan must be developed as to how the urban services will be installed. There is an existing lift station at Lyman Boulevard that will service this area. A feasibility study will be required to determine where the sewer and water will be placed to serve this area and the cost of assessments. In addition, a road system will have to be developed to serve the rest of the parcels in this area. The AUAR environmental assessment will also help to determine development of the area to be studied and evaluated. Once the AUAR has been developed and the issued scoped it will the input ofthe cit to work to develop the PUD some guiding principles should be generated. These principles may include key words such as: Sense of Place, Diversity and Balance, Sustainability/ConservationlPreservation, Live work etc. Staff has recommended some specifics issues as a part of the conditions of approval. Bluff Creek Overlay District A part of this site is in the Bluff Creek Overlay District. The tool used to preserve areas within the primary district is density transfers. Again this is why the staff is recommending the PUD zonmg. Bernardi Concept POO October 15, 2002 Page 5 ANALYSIS Following are conceptual comments that the various city divisions have offered as further refines that need to be made for the next level of review. The Alternative Urban Area wide Review Process will address these issues in greater detail. Engineering . An east/west collector street will be required to connect the developing area with Audubon Road. The location of the collector will be determined in the future during the preliminary plat design phase. The developer of this parcel will be responsible for building the street; however, the City will pay for the additional expense of constructing the road from a standard street to a collector. This collector street may require crossing Bluff Creek. . A trunk sanitary sewer main will be needed to service the development and surrounding area. This main will be a gravity flow sewer that drains north to Lift Station #24 at the corner of Audubon & Lyman Blvd. The City has planned for the construction of this trunk sewer main in 2005 within the 5-year CIP (Capital Improvement Program). Likewise, a trunk watermain will also be required to serve the development and surrounding areas. The City has listed this trunk watermain as a 2005 project in the 5-year CIP. Building Comments a. Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. b. The State of Minnesota is in the process of adopting the International Building Code and revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems. It is not yet entirely clear how these changes wìll affect residential construction. It is important that the developer meet with the Inspections Division prior to platting the property to determine what ramifications the new codes will have on the project. c. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. d. The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Fire Marshal Comments The Fire Marshal has reviewed the above rezoning plan. In order to comply with the Chanhassen Fire DepartmentlFire Prevention Division, he has the following fire code or city ordinance/policy requirements. The plan review is based on the available information submitted at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. Bernardi Concept POO October 15,2002 Page 6 1. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, bushes, shrubs, Qwest, Xcel Energy, 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. 2. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed such protection shall be installed and made serviceable prior to and during the time of construction. Pursuant to 1997 Minnesota Uniform Fire Code Section 901-3. 3. In the cul-de-sacs with the center island "no parking" signs will be required. Contact Chanhassen City Fire Marshal for additional information. 4. No burning permits will be issued for trees to be removed. Trees or shrubs must be either removed from site or chipped. 5. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 6. Submit cul-de-sac to Chanhassen City Engineer and Chanhassen Fire Marshal for review and approval. Parks The Park Commission has identified the 2005 MUSA area as "park deficient." A community park mayor may not end up in the Town and County site. As a part of the AUAR environmental study the park location and size for this area will be evaluated. Potential school site Staff has discussed with the applicant the possibility of a school site in this area. If the school district, as a part of their study, considers a school in this area it should be considered as a part of the AUAR. Environmental Issues Existing Wetlands There are several existing wetland basins on-site, including both aglurban wetlands and natural wetlands. All wetlands on-site should be delineated by a qualified wetland delineator, checked by City staff and surveyed by a registered land surveyor prior to the development of more detailed plans for this site. Wetland Impact Avoidance, Minimization and Replacement Wetland impact avoidance, minimization and replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant should submit a wetland alteration permit application. Prior to wetland impacts occurring, the applicant shall obtain City approval of a wetland replacement plan. Bernardi Concept PUD October 15, 2002 Page 7 Bluff Creek Overlay District The site is partially within the Lowlands Region of the Bluff Creek Overlay District. This region of the overlay district is characterized by significant tracts of forest land, the highest quality wetlands in the Bluff Creek corridor and diverse wildlife habitat. The goals set forth in the Bluff Creek Watershed Natural Resources Management Plan (BCWNRMP) for the Lowlands Region are to: 1. Preserve and manage the high-quality wetland complexes, riparian areas and oak woodlands to extend the high-quality system of the Gorge Region; 2. Restore impaired ecosystems to their natural condition; and 3. Re-create natural links between major natural features within the Bluff Creek corridor. The applicant should keep these goals in mind as a plan is developed for the site and should work with staff to achieve these goals for this property. The mapped boundaries of the primary and secondary corridors of the Bluff Creek Overlay District vary between those shown in the Plan and those included on City maps. The applicant should arrange for the boundaries to be field-verified by staff prior to the development of a more detailed plan for this site. Storm Water Management, Easements, Bluffs and Erosion Control will all have to be reviewed as a part of the AUAR. Surface Water Management fees will also be required as a part of any development. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Army Corps of Engineers) and comply with their conditions of approval. Forestry The proposed natural resources preservation shown in the concept development plan is excellent because it protects all of the environmentally important areas. There are two sites protected within the overlay district, one northern and one southern. The wooded areas in the northern overlay district area are in good to excellent condition. Large, mature oaks, maples, lindens, and hickories fill the overstory of the forest with a healthy mix of species in the understory. There is a small amount of buckthorn in the southeast corner of the district, but it could be easily managed and eradicated. The southern district is a mix of lindens, boxelders, maples, ash and elm also with a variety of species in the understory. This area could be left as is or actively managed to increase the number of long-lived species, such as maples and oaks. Both districts should be permanently protected by conservation easements. The development summary states that there are eight acres within the districts that are developable. These acres should be used as a density transfer. No development is recommended for the northern district. The southern district could support hiking trails or other low impact amenities, especially if it is to be actively managed as a forest in transition. Bernardi Concept PUD October 15, 2002 Page 8 Landscaping for the townhome and condominium area should include native species for overstory and foundation plantings as well as non-native, ornamental selections. Large groupings of materials will help extend the natural areas into the developed sites and create privacy for residents. A strong, boulevard tree planting element would also be an attractive element. Housinf! A part of the city comprehensive plan deals with housing goals and policies. The city does participate in the Livable Communities Act and has goals for housing diversity and affordability. As a part of this project, staff is anticipating that the developer work towards achieving these housing goals specifically by preparing a housing plan. The city held a Housing Summit in May of this year. The outcome of the Summit was the development of some common themes (see attachment). One common theme was that the community have "lifestyle housing where one could live, work and play." Housing should be provided with the community so that the city can be a place to live work and play. In order to have the commercial development the city also needs to develop a population base. This can be accomplished through housing diversity. Following are the city housing goals: Table 2-3 CITY INDEX BENCHMARK GOAL Affordability Ownership 37% 60-69% 30% Rental 44% 35-37% 35% Life-Cycle Type (non-single 34% 19% 35-37% 1991 Camp family detached) Plan Owner/Renter Mix 85/15% 67 -75 / 25-33% 80-90 / 20-10 Density Single Family 1 .5/acre 1 .8-1.9/acre 1.8 Detached Multi-family 11/acre 10-14/acre 9-10 Overall Average 3.3 Zoning Options One of the major issues for the Planning Commission is the appropriate land use. Attached is the comprehensive plan land use percentages, a land use comparison of other communities and a tax capacity analysis. If this area were to be industrial, the surrounding land use also needs to be considered. A school in conjunction with housing as a possible density transfer needs to be considered in the overall mix. Density cannot be transferred with an industrial land use. Bernardi Concept POO October 15, 2002 Page 9 The advantage of industrial uses may appear to create more taxes with less service demands. Industrial would reduce the number of children but with the multi-family maximum of 568 units, the project number of school children is 114 (a single family development projection would be 100). The advantage of multi-family is that it creates a market for additional commercial uses and housing for workers. It appears based on current tax policy "2002", multi-family would pay more taxes (see tax comparison and additional new comparisons). RECOMMENDATION Staff recommends that the City Council approve the concept POO with the following conditions: 1. The applicant shall contribute to the preparation of an Alternative Urban Area Wide Review (AUAR) in lieu of an EA W for the 2005 MUSA area. The AUAR shall study the following issues: a. Public facilities-school, park, utilities, fire station b. Environmental features-Bluff Creek Overlay District, Wetlands/bluffs, open space and trees. c. Transportation system-traffic/road plan and the ongoing considerations of the existing studies and reports, the design and the construction of Hwy. 312 and Powers Boulevard. d. Utilities-Sewer, Water, Storm Sewer e. In addition, the AUAR shall address the following issues: i. Potential school sites, fire station, water tower, and creek crossing. Collector road systems as well as traffic, infrastructure requirements: sewer, water, storm sewer and natural resources including wetlands, trees and slopes. f. Fiscal tax study 2. A Medium Density POO shall be created with the following items addressed: landscaping (entrance, streetscape and buffering transitions, uses and density), possible support commercial, neighborhood connections (trials, sidewalks) design standards (materials architectural details and variety) transit (slip off lanes) public access to park areas, preservation of natural features (bluffs, wetland, trees) housing plan (range of product and price). 3. The applicant shall petition the City for city services (sewer, water, etc) 4. The applicant shall develop a housing diversity plan. 5. All wetlands on-site shall be delineated by a qualified wetland delineator, checked by City staff and surveyed by a registered land surveyor prior to the development of more detailed plans for this site. 6. The applicant shall keep the goals for the Lowlands Region of the Bluff Creek Overlay District in mind as a plan is developed for the site and work with staff to achieve these goals for this property. Bernardi Concept POO October 15,2002 Page 10 a. Preserve and manage the high-quality wetland complexes, riparian areas and oak woodlands to extend the high-quality system of the Gorge Region; b. Restore impaired ecosystems to their natural condition; and c. Re-create natural links between major natural features within the Bluff Creek corridor. 7. The applicant shall arrange for the Bluff Creek primary and secondary zone boundaries to be field-verified by staff prior to the development of a more detailed plan for this site. 8. The Building and Fire Marshal comments shall be incorporated into the next level of reVIew. ATTACHMENTS 1. Submittal letter and application. 2. Public hearing notice and property owners list. 3. Summary of Housing Summit. 4. Land use comparisons. 5. Five tax comparisons. 6. Minutes for August 6, 2002 Planning Commission meeting. MITIGATION INITIATIVES Mitigation Plan. The final AVAR dOCltment must include an explicit mitigation plalz. At the RGlFs option, a draft plan may be include in the draft AVAR document; of course, whether or not there is a separate item for a draft mitigation plan. proposed mitigation must be addressed through the document. It must be understood that the mitigation plan in the .final document takes on the nature of a commitment by the RGV to prevent potentially significant impacts from occurring from specific projects. It is more than just a list of ways to reduce impacts-it mllst include information about how the mitigation "will be applied and assurance that it will. Othenvise, the A VAR may not be adequate and/or spec{fïc projects may lose their exemption from the individual revievt'. The RGV's flnal action 011 the AVAR must specifically adopt the mitigation plan; therefore, the plan has a "political" as well as a technical dimension, This Mitigation Plan identifies initiatives that address potential impacts resulting from future development within the AUAR Project area. This mitigation plan specifies the controls, procedures, and other steps that may be implemented to protect or minimize potential negative impacts. ill order to mitigate the potential environmental impacts identified in the Chanhassen AUAR, The City of Chanhassen will commit to implementing the mitigation initiatives identified in this plan. Intent of Mitigation Plan New development generates impacts on the environment and on existing development. These impacts result from construction activities associated with new development (i.e. erosion, dust, noise) as well as post construction associated with the activities and design of the development (i.e. traffic, runoff, pollution, infrastructure demand). This plan identifies existing tools and policies that the City of Chanhassen has in place to address the types of impacts that may result through development of the Chanhassen AUAR project area. The plan also identifies additional initiatives that will need to be implemented to mitigate potential environmental impacts resulting from projected development of the project area. There are multiple ways in which Mitigation illitiatives may be implemented such as: o Enforcing existing zoning and subdivision ordinances and other development regulations at the time of development concept submittals, preliminary and final platting, and during construction monitoring activities; o Referencing and implementing policy directions during the reView and approvals of development projects; o Facilitating additional study as regional transportation planning initiatives become more finalized or as other regional developments alter travel patterns/behaviors. o Planning and building public infrastructure (local roads, parks, trunk sewer systems and water systems) in conjunction with private development initiati ves; o Maintaining and updating of existing plans and studies for the community; o Requiring additional field work/investigations as part of pre development planning where potential environmental or cultural resources may exist but have not been verified. Chanhassen 2005 A/ten/ative Urban Areawide Review Mitigation Plan General Mitigation Initiatives This section identifies a series of mitigation initiatives that are general in nature and apply to all public and private development within the AUAR. 1. All permits identified in the AUAR (See question #8) as well as other necessary permits that may be required will be secured by the City, or private parties as appropriate, for all development activities within the project area. 2. The City will follow its own regulations, ordinances, plans, and policies currently in place in the review and approval of all development activities within the project area. These items include The 2020 Comprehensive Land Use Plan, the official zoning and subdivision ordinances and the Bluff Creek Overlay ordinance. In addition, the Bluff Creek Watershed Natural Resource Management Plan, the Suiface Water Management Plan, the Public Water Supply and Distribution System Plan (currently being revised) and the Comprehensive Sewer Policy Plan will be used as technical resources in reviewing development activities and developing associated public infrastructure. 3. The City will extend public sewer and water services in a manner consistent with existing plans and policies for delivering trunk sanitary sewer service and water main systems. Abandonment and closure of individual well and septic systems will follow existing local and state regulations. 4. The City will work with MnlDOT and Carver County to periodically monitor traffic as generated from development within the project area as well as regional development initiatives that will affect the project area. Regional roadway improvements such as TH 212/312 and improvements to County Roads (Audubon Rd., Lyman Blvd., Pioneer Trail and future Powers Blvd. extension) will alter travel patterns. Performing traffic counts and monitoring traffic movements will help in facilitating future local roadway improvements. 5. The City will provide for adequate regional and local stormwater ponds and trunk facilities to protect water resources and water quality as guided by the Storm Water Management Plan and Bluff Creek Watershed Natural Resource Management Plan. [National Pollutant Discharge Elimination System (NPDES) Phase II with individual site development] 6. The City will implement a development tracking mechanism to monitor development within the AUAR Project Area and its conformance with the development scenario. 7. The City will enforce its parkland dedication practices consistent with the goals and policies outlined in the 2020 Comprehensive Plan and the Bluff Creek Watershed Natural Resource Management Plan and the requirements of the subdivision ordinance. 8. The City will follow existing zoning regulations including Floodplain Overlay (Article V), Wetland Protection (Article VI), Shoreland Management (Article VII), Bluff Protection (Article XXVIII) and Bluff Creek Overlay (Article XXXI) to protect natural and environmental resources from potential impacts resulting from the Development Scenario. The City will reference policies and strategies outlined in the 2020 Comprehensive Plan, Comprehensive Stormwater Management Plan and Bluff Creek Watershed Natural Resource Management Plan as technical resources during the review of specific development projects. Page 2 Chanhassen 2005 Altemative Urban Areawide Review Mitigation Plan Focused Mitigation Initiatives Mitigation initiatives that are explicitly intended to mitigate or minimize impacts on a particular resource or action are outlined by topic in this section. Fish, Wildlife and Ecologically Sensitive Resources The bluff creek ordinance contains provisions that require a detailed analysis of habitat conditions prior to development. This analysis is provided as part of the preparation of development plans. Staff will verify the findings of the work and will work with developers to design projects in a manner that protects and preserves these habitat areas. Implementation of the bluff creek ordinance will protect resources within the bluff creek corridor (See Figure 4 Significant Habitat Areas of the AUAR Document.) Other areas within the project area maintain significant wildlife or ecologically sensItive resources. The most prominent resources are identified in Figure 4. The identification of these areas provide advance notice to developers to plan developments in a manner that protects their ecological function. The City's 2020 Comprehensive Plan, the Bluff Creek Watershed Natural Resources Management Plan, the Bluff Creek zoning overlay and the Planned Unit Development (PUD) zoning mechanism (Article VIII) provide the City with the necessary tools to be flexible with subdivision design in order to preserve these areas. A cooperative approach to planning and design will be implemented to protect other wildlife and sensitive resources. In addition to implementing existing plans, policies and regulations, the City will actively work with non-profit groups focused on preserving quality open spaces and environmental resources that are identified with this AUAR and future more detailed development planning initiatives. Water Resources (wetlands, creeks, lakes) and Surface Water Management Increased stormwater runoff will result from future development in the project area. The Suiface Water Management Plan and watershed regulations establish standards for surface water runoff. Key policy directives relative to the protection of water resources and the management of surface water runoff include: o Maintaining discharge rates at or below current levels. o Pre-treatment of runoff prior to discharge to wetlands, in accordance with wetland classification requirements. o Conformance to NURP (National Urban Runoff Pond) standards. o Conformance to NPDES Phase II requirements as outlined in the EP A Clean Water Act. Additional strategies and policies that direct development in a manner that minimizes impervious surface coverage are outlined in the 2020 Comprehensive Plan, The Bluff Creek Watershed Natural Resource Management Plan, the Wetland Conservation Act and the City's Wetland Protection Ordinance. Projects within the AUAR that impact wetlands will be subject to regulation under the City of Chanhassen Wetland Ordinance, Wetland Conservation Act, Chapter 103G Waters of the State (i.e. Department of Natural Resources), and possibly Section 404 of the Clean Water Act (i.e. the U. S. Army Corps of Engineers). Should wetland impacts be part of a project within the AUAR Page 3 Chanhassen 2005 Alternative Urban Areawide Review Mitigation Plan these regulatory programs have sequencing requirements which require applicants to demonstrate that wetlands impacts have been avoided and minimized to the extent practicable and if impacts cannot be avoided these programs require replacement of wetlands impacted by fill or excavation. The City of Chanhassen will also examine the feasibility of creating a wetland bank within the AUAR as described in Minn. Rules 8420.0700 Subpart 8. Three areas within the AUAR could be utilized to create a wetland bank. These areas are located where wetlands have been drained by agricultural activity and could be restored by breaking drain tiles, adjacent to existing wetlands where topography allows for creation of new wetlands and along the Bluff Creek floodplain where agricultural drain tiles could be disabled to restore emergent wetland. The general location of these areas are illustrated below. L> :.':.'~?:';;;'...¡'.' ,,"_1."' _. "~:-')"'",''' ,(~-.. '~Ml~~4~~~;~~~ I.' ~~.;- 3'~ - .,_ _ ' f:·~*;?=~~_:c:_,; ._:\__~ t'PE¿'Cd i f!1F~:~/~' . .~~~{;;, ;_,-'St'~ - LEGEND Approximate AUAR Boundary Approximate Town and Country Boundary _ Possible Wetland Mitigation Sites o NWI Wetlands Page 4 Chanhassen 2005 Alternative Urban Areawide Review Mitigation Plan Erosion and Sedimentation The City of Chanhassen utilizes "Best Management Practices" as outlined in various resources and by the Metropolitan Pollution Control Agency (MPCA). During construction activities and prior to the maturing of vegetative cover over disturbed ground, proper techniques will be used to control erosion and sedimentation. The City's existing code provides the regulatory tools for this initiative. Land use management and zoning tools (PUD, density transfers, Bluff Creek Overlay) will be implemented to direct development to less erosion prone areas of the site. Wastewater The development scenarios identified in this AUAR are consistent with the City of Chanhassen Comprehensive Sewer Policy Plan dated November, 1998. The City of Chanhassen through its site development plan review process will monitor and verify estimated wastewater flows for general conformance to the Sewer Policy Plan. In addition each development will be responsible for the following: o Conformance to the City of Chanhassen Comprehensive Sewer Policy Plan. o Metropolitan Council Environmental Services (MCES) Sanitary Sewer Extension Permit(s) o Sewer Access Charges (SAC) related to their proposed development. o The proportional share of the costs of Trunk Sanitary Sewer Mains. o Construction of local sewer mains to serve the development. Water Supply Public water supply will be provided to the study area by the extension of trunk water lines to be constructed through a process to be determined and implemented by the City of Chanhassen. Existing water lines are located to the North of the project study area. The City of Chanhassen through their draft Water Supply, Treatment, and distribution System Master Plan have identified the need to install a 12-inch regional trunk water line along Audubon and Pioneer Trail, and a 16- inch regional trunk water line along future Powers Blvd and Lyman Blvd. These trunk water lines will be used to supply water to the development area through a local system of water lines to be constructed as development occurs. The phasing of trunk water lines will be dependent upon the area's to be developed, the size, density and type of land use that occurs. Trunk water supply infrastructure needs will be determined by the City of Chanhassen. Each development will be responsible for the following: o Conformance to the City of Chanhassen Water Supply, Treatment and Distribution System Master Plan (Draft). o Minnesota Department of Health permit(s) for the extension of water supply systems. o Water Access Charges (WAC) related to their development. o The proportional share ofthe costs of Trunk Water Supply lines. o Construction of local water supply lines. Page 5 Chanhassen 2005 Alten/ative Urban Areawide Review Mitigation Plan Public Infrastructure Questions have been raised about the timing of future private development projects relative to the timing of public infrastructure improvements. In many cases where development is occurring contiguous to the City's developed area, the extension of public improvements occurs in conjunction with the proposed development project. In the case of the AUAR project area, pressures for development suggest that projects may occur in a non-contiguous pattern. Also, the timing of the construction of new TH 212/312 will potentially impact the timing of needed roadway improvements in areas where development may not occur for several years. To address this issue, a mitigation initiative will be for the City to examine the feasibility of building key public infrastructure (east/west and north/south collector roadways, trunk sanitary and storm sewer and primary water mains) as a public improvement project prior to development. This type of feasibility study will require funding that can be provided out of the City's budget. As part of the infrastructure mitigation initiatives, the City will update its storm water management plan to address storm water management in the AUAR project area in greater detail. Traffic/Transportation Mitigation Initiatives There are a number of specific traffic/transportation initiatives needed to adequately address potential development impacts. As discussed in the AUAR Question 21-Traffic and Appendix 5- Traffic Analysis, the mitigation approaches outlined below depend on a Build/No-Build of TH 212/312 as well as consideration of the Town and County Homes Concept Plan as approved. 1. Proposed improvements to accommodate Scenario E-21 (the Town and Country Homes development proposal or TAZ 2 and 3) traffic include the following: a. Construct the East-West Collector road from the eastern boundary ofTAZ's 2 and 3 to Audubon Road at Butternut Drive prior to development of T AZ' s 2 and/or 3. b. Construct dual westbound left-turn lanes on Lyman at Audubon and provide two southbound through lanes on Audubon. c. Construct dedicated northbound and southbound left turn lanes and a northbound right turn lane at the intersection of AudubonlButtemut. d. Prior to construction of any additional TAZ's adjacent to the East-West Collector Road, it is recommended that the Collector Road be extended to Powers Boulevard. e. It is not expected that signalization will be required at the intersection of AudubonlButternut when the Collector Road is extended to Powers Boulevard, but it should be monitored periodically to determine if it meets signal warrants. f. Consider reviewing the signal timing of the AudubonlPioneer Trail intersection to minimize delay on southbound/westbound Audubon. ] Scenario E-2 is used to refer to traffic generated by the Town and Country development proposal. This development was evaluated in greater detail because it is assumed that this will be the first project to develop. Page 6 Chanhassen 2005 Altemative Urban Areawide Review Mitigation Plan 2. Proposed improvements to accommodate the ADAR development traffic include the following: a. With the improvements already planned, the planned TH 212/312 interchange at the east end of the ADAR Development will be able to accommodate project traffic at acceptable levels of service. b. Improvements to Lyman Boulevard to include adding right- and left-turn lanes on the eastbound and westbound (Lyman Boulevard) approaches to intersections with North Audubon Road, the North Connector, and Powers Boulevard. c. Improvements to Audubon Road include adding right- and left-turn lanes on the northbound and southbound (Audubon Road) approaches to the intersection with Lakeview Drive. d. Improvements recommended for the Pioneer Trail realignment include adding right- and left-turn lanes on the eastbound and westbound (Pioneer Trail) approaches to intersections with the South Connector, Bluff Creek Drive, and Powers Boulevard. e. Powers Boulevard between Lyman Boulevard and Pioneer Trail will require a four-lane cross section with exclusive right- and left-turn lanes at intersections with Lyman Boulevard, the westbound 212/312 Ramp, the eastbound TH 212/312 Ramp, and Pioneer Trail. The Highway Capacity Manual recommends that dual left -turn lanes be installed when volumes exceed 300 vehicles per hour; however, it is not always the optimal situation and should be evaluated on a case- by-case basis. Although MnlDOT may typically require that dual left-turn lanes be provided when left-turn volumes exceed 300 vehicles per hour, proposed operational conditions at the Powers BoulevardfTH 212/312 ramp do not necessitate this provision. Based on the proposed configuration of this intersection combined with the low volume of opposing and side street traffic volumes the southbound left-turn volumes can be served by a single lane. f. When signal warrants are met, the following intersections will need to be signalized prior to the full build out of the proposed ADAR development: o Powers BoulevardlLyman Boulevard o Powers Boulevard/westbound TH 212/312 Ramp o Powers Boulevard/eastbound TH 212/312 Ramp o Pioneer Trail/Bluff Creek Drive g. The following intersections may need to be signalized at or following full build out of the proposed ADAR development: o Pioneer Trail/Powers Boulevard o Pioneer TraillSouth Connector o Lyman BoulevardINorth Connector o Lyman BoulevardINorth Audubon Road o Audubon RoadlButternut Drive o Audubon RoadlLakeview Drive It is recommended to periodically review the aforementioned intersections to determine when signal warrants are met. Page 7 Chanhassen 2005 Alternative Urban Areawide Review Mitigation Plan 3. When plans for reconstruction of existing roads or construction of new roads are developed, incorporate design considerations that will mitigate noise impacts. These design considerations would include landscaping, berming and speed limit controls. 4. Coordinate development of perimeter road connections (such as where a collector roadway within the project area connects to Audubon, Lyman or Pioneer Trail) with Carver County, the City of Chaska and adjacent neighborhoods. 5. Southwest Metro Transit is planning for a park and ride lot on the southeast comer of Hwy 101 and TH 212/312. The City of Chanhassen maintains a strong relationship with SW Metro Transit and will ensure site plans are reviewed by SW Metro Transit and transit oriented design is considered as part of subdivision design. This initiative will evaluate the possibility of providing circulator service to new developments within the project area to reduce single occupant auto trips. 6. Ensure subdivisions include plans for Pedestrian and Bicycle movement in and through the project area as well as linkages to the greater community. Roadway designs will meet the City's current design standards for on-street and off-street trail connections. The City will work with Carver County to preserve Right-of-Way (ROW) for off road trails. TH 212/312 Impacts The building of TH 212/312 will have a significant impact on the project area. The TH 212/312 project has an extensive inventory of environmental documentation that includes a number of mitigation measures. The "TH 212 Southwest Corridor Final Environmental Impact Statement Section 4 (f) Evaluation" was completed in June of 1993. This documentation is currently being updated and should be referenced in conjunction with the Chanhassen AUAR relative to impacts generated by TH 212/312. Land Use Management Initiatives The project area is unique because of its topographical features and the Bluff Creek corridor. This uniqueness poses challenges to development. Efforts to minimize impacts on the Bluff Creek corridor and to maintain as much of the pristine environmental presence of the site will have to come from combined public and private actions. The City of Chanhassen is well positioned from a regulatory position to guide development in a manner that achieves the objectives of the 2020 Comprehensive Plan and Bluff Creek Watershed Natural Resource Management Plan. Specific strategies that enable the City to achieve these objectives include: o Transfer of density-this approach to development would enable a developer to move units within a development project from areas that are desired to be preserved (such as the high quality woodland in the center of the project area shown in Figure 4) to areas that are less sensitive. The developer would not loose density in the project by interjecting a broader mix of units and lot sizes. o Clustering of housing units-this is a conservation development approach used to minimize development impacts on adjacent resource areas. Although it is more widely used in rural developments, it can be used in urban settings to obtain the same resource protection results. Clustering in an urban setting will also reduce infrastructure thereby reducing up front and longer term maintenance costs. In general terms, clustering requires smaller lot sizes, reduced street widths to balance increased protection areas. This would likely be used in conjunction with a transfer of Page 8 Chanhassen 2005 Altemative Urban Areawide Review Mitigation Plan density when properties have environmental protection areas and involve a Planned Unit Development (PUD) process. As the project area develops, there will be a need for park improvements. If the Chaska School District is to locate a school facility in the project area, the City will work with the school district to jointly develop a community park in conjunction with open space and recreation needs of the school facility. If the Chaska School district decides not to locate a school facility in the project area, the City will still build a park facility; however, the park facility may be smaller in area (5 to 10 acres) with the remaining portions of the land area reverting to a residential use. The City will use its existing park dedication policies to help fund these improvements. Monitoring of Development in the AUAR Area and Future Updates to the AUAR The AUAR assumes a hypothetical development scenario. Because it is based on assumptions, it is important that actual development be monitored and compared to the development that was assumed in the development scenario. Tracking of this development will be done through the City's existing GIS system. The developer as part of the final plat process will submit electronic plats consistent with city development requirements in a compatible foTIl). to the City's GIS system. This data will enable the City to maintain an ongoing inventory of platted lots and the ability to directly tie building permits to the lots so that occupied housing units could be tracked in the development area. The City's existing GIS system has the capacity to perform this task. As required by Minnesota Rule 4410.3610 Subpart 7, to remain valid, the AUAR must be updated if any of the following events should occur: o Five years have passed since the AUAR and mitigation plan were adopted and all development within the project area has not been given final approval. o A comprehensive plan amendment is proposed that would allow an increase in development than what was assumed in the development scenario. o Total development within the area would exceed the maximum levels assumed in the environmental analysis document. o Development within any subarea delineated in the AUAR would exceed the maximum levels assumed for that subarea in the document. o A substantial change is proposed in public facilities intended to service development in the area that may result in increased adverse impacts on the environment. o Development or construction of public facilities will occur differently than assumed in the development scenario such that it will postpone or alter mitigation plans or increase the development magnitude. o New information demonstrates that important assumptions or background conditions used in the analysis presented in the AUAR are substantially in error and that environmental impacts have consequently been substantially underestimated. o The RGU determines that other substantial changes have occurred that may affect the potential for, or magnitude of, adverse environmental impacts. Page 9 ZONING § 20-1551 (8) Mobile units shall not interfere with public safety telecommunications subject to section 20-1520. (Ord. No. 275, § 2, 10-13-97) Sees. 20-1523-20-1550. Reserved. ARTICLE XXXI. BLUFF CREEK OVERLAY DISTRICT Sec. 20-1551. 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 wildlife corridor affording opportunities for recreation, education, physical fitness and nonmotorized transportation. (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. CD20:245 § 20-1551 CHANHASSEN CITY CODE (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. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1552. 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 other 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, and application of practices found in the city's Best Management Practices Handbook. (c) Creation of a suitable balance between the amount and arrangement of open space, landscaping, view protection, bluff protection, and vegetation protection and the design and function of manmade 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. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1553. 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 districts which jointly apply. Under the joint application of the districts, the more restrictive requirements shall apply. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1554. Conditional use permits. (a) A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior the erection or alteration of any building or land within the BCO. CD20:246 ZONING § 20-1556 (b) All lots of record in existence and parcels ofland located within the Bluff Creek Overlay District on which a principal structure 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. (Ord. No. 286, § 8, 12-14-98; Ord. No. 364, § 1, 1-12-04) Sec. 20·1555. Boundary delineation. (a) Generally. Primary and secondary zones shall be subject to the requirements estab- lished herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Bluff Creek Overlay District regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the overlay district applies. (b) Boundaries; maps. The primary and secondary zones include land that is generally defined in this ordinance 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 community development 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 community development director's determination of the watershed zone boundary and type to the city council. (Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 155, 5-24-04) Sec. 20-1556. 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 percent shall be preserved in their natural state and maintained as permanent open space. Areas with average slopes less than 25 percent but greater than ten percent shall not exceed an impervious surface coverage of 25 percent. Impervious coverage for areas where average slopes are less than ten percent shall be governed by the underlying zoning district. (Ord. No. 286, § 8, 12-14-98) CD20:247 § 20-1557 CHANHASSEN CITY CODE Sec. 20-1557. Bluffs. Bluffs shall be preserved as provided for under article XXVIII. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1558. 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 BCO 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 SiD pes. On steeply sloping sites,the propsed building should step down the hillside. Side garage acceS$ requires less site distl rbance. Terrain-Adaptive Architecture Fig-ure 1. "Published in APA PAS Report #466" (Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 156,5-24-04) Sec. 20-1559. Density clustering. Density clustering shall be allowed as a tool to facilitate cluster development within the Bluff Creek Overlay District. Density clustering may be used in areas where portions of the site are unsuitable for development because of the location of the primary zone. 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 zone, subject to the restrictions of this ordinance, and within land lying outside of identified zone areas. Additionally, the following conditions may qualify for density clustering: (a) Land slopes in the secondary zone that exceed 25 percent on average. CD20:248 ZONING § 20-1559 (b) Land in the secondary zone containing stands of native trees. (c) Land with suitable natural habitat to endangered or threatened species or a fragile ecosystem. TraditiomîI Development Pil~~~rn U[)e:signing Open Space Subdivisions, RandallArendt" Cluster D~v~10pl11~nt "Designing ()Pe:~.Sp4ceŠli{jd¡visions¡RandaIJAtendt't CD20:249 § 20-1559 CHANHASSEN CITY CODE sIgnIficant natural reeource Industrial Cluster Development (Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 157,5-24-04) Sec. 20-1560. Standards and guidelines for single-family attached or cluster-home PUDs. Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1561. Natural habitat preservation. (a) Natural habitat areas within the primary zone shall be preserved as permanent open space. Any development that occurs shall be directly related to the development of a continuous greenway along the 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. (Ord. No. 286, § 8, 12-14-98; Ord. No. 377, § 158,5-24-04) CD20:250 ZONING § 20-1564 Sec. 20-1562. 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 replanting of habitat significant to endangered and threatened species. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1563. Open space requirements. Open space shall comprise 100 percent of the area located within the primary zone. The city will establish the boundary for the primary zone using data provided by the applicant. (Ord. No. 286, § 8, 12-14-98) Sec. 20-1564. Structure setbacks. All structures shall be set back a Illlmmum of 40 feet from the primary zone. No disturbances of the site shall occur with the first 20 feet of such setback. (Ord. No. 286, § 8, 12-14-98; Ord. No. 364, § 2, 1-12-04; Ord. No. 377, § 159, 5-24-04) CD20:251