04-3-91 Agenda and PacketFile
AGENDA
CHAN}IASSEN PI,ANNING COMI,IISSION
I{SDNESDAY, APRIL 3, 1991, 7:30 P.}!.
CHANHASSEN CITY ITALL, 590 COULTER DRIVE
CALL TO ORDER
PUBLIC HEARTNGS
]. . . ITEIT DEIJBTED FROIi IGEIIDN 'l,lichael l,lularoni & Associates located north of Lake Lucy Road,just east of lihite Dove Circle - Lake Lucy Addition:
a. Rezone 3.39 acres of property from RR, Rural Residentialto RSF, Residential Single Fanily
b. Subdivide 3.39 acres into 4 single fanily lots
. ITEI{ DEI.ETED FROI{ AGENDA T
Prelininary plat to subdivide 4.91 acres into 4 Lots onproperty zoned BH, Highway Business District and located northof Hwy. 5, just east of Great P1ains Boulevard on West 79thStreet, Gatet ay First Addition.
3
2
. ITEI.T DEI,ETED FRO}T AGEIIDA 'Zoning ordinance Amendnent to clarify Zoning Adninistrator asPlanning Director.
OLD BU S INESS
NEW BUSINESS
APPROVAL oF I.ITNUTES
CTTY COI'NCIL UPDATE
ONGOING ITEIT{S
ADMTNT STRATT VE APPROVALS
OPEN DI CUSSION
4
5. Discussion itens:
Landscaping Issues PaperB1uffline Preservation Ordinance
Pl.anned Unit Development ordinance Amendments/Discussion of
PUDrs for Residential Districts
a
b
ADJOURNI'{ENT
REVISED }IARCH 27, 1991
ONGOING ISSUES
ComDrehens iv Plan fssues
L. Comprehensive Plan
STATUS
Adoption by Cc L/27/9t -Delivered to Metro Council on
2/25/9L at 4:28 p.m.
l-995 Study Areas - Work effortto begin after adoption of newComp PIan. Council- isreguesting that this be
coarbined with a Hwy. 5 corridorstudy developed by a joint
PC/ CC/resident/developer task
force
Staff directed to develop
scenarios - 1ow priority
Scheduled Di scus s i onl Sta f fdirected to draft a potential
nel, zoning district ordinance -winter, 1991. Staff workingwith staff of National Wildliferefuge. Requests made to l,[nDNR
and US Fish and Wildlife for
expansion of the refuge into
Chanhassen.
Summer, 1,9 9l"
UnDNR undertaking accelerated
napping program and will workwith city to develop. New
ordinance/spring/surnmer, 199 1
Schedule future agendaSpring, 1991
2 1995 Stud
and Hwy.
rea (North)
orridor Study
yA
5C
3. l-995 Study Area (South)
OTHER TTEMS
l-. Blending ordinance
2. Rezoning BF Dist. to A2
Bluff Protection
ordinance
4. Sign ordinance
Tree Protection OrdinanceMapping of significantvegetative areas
5
6. Rezoning 2'., Acre Lots to RR
Inactive
'7. Wetland Ordinance
9. shoreland Ordinance
10. Flood Zone Ordinance
11. Group hone ord j,nance
L2.Zoning ordinance Amendmentfor satellites on
Recreational Beachl-ots
13.Structures below OHWU must
have a city perrnit.
15.Rural Area Policies
ordinance changes stlmningfrom revised lletro Council
Pol icies
L6. Landscaping standards
t7.PUD ordinancecontaining irnproved
standards
18.
l-9.Review of Architecturalto Promote High euality
* Budgeted noney for update 2year timeframe or storn waterutility fund - Requests forProposals were sent toconsultants on March 18, l-991.E4)ect to have a contract by
June to initiate program.
Issues memo presented to PC
March, 1991- - to CC on
3/25/et
In January we receivednotification fron the UnDNRthat we are a priorityconrnunitywitha2year
deadline
PC Review 2/6/9L - CC
approved 3/1-L/9L - Sent to DNRfor approval 3/15/9L
199r.
PC review 3/6
review on 3/25/9t
to CC for
to
Inactive
Winter, 1991
Issues Deno presentedPC - llarch, 1991
Consideration by PC![arch, 199]-
199r-Pc input in Downtown planning
and Traffic Study
Standards
Des ign
Change in status since last report
8. Definition of structures
14. Ordinances pertaining to
antenna tolrers.
19 91
CITY OF
CH[NH[ESEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (61 2) 937-5739
UEMOR,ANDt,I,l
To: Planning conmission
FRoM: PJ.anning Departnent Staff
DATE: l,[arch 26, 1991
SUBT: PUDordinance,/Landscapingordinance
Pl-ease save these copies of reports as background for future
memorandums on the subject of PUD ordinance and Landscaping
ord.inance. Staff will be subnitting only updates on the ordinances
rather than subnitting the entire report each time it is discussed.
CITY OF
EH[NH[SSEI'I
690 COULTER DRIVE . PO. BOX 147 ' CHANHASSEN; MINNESOTA 55317
(612) 937-1900. FAX (512) 937-5739
MEIIIORANDI]M
To: Planning Comnission
FROI!: Paul Krauss, Planning Director
DATE: llarch 15, 1991
SUBJ: Proposed Revisions to Article 8, PUD Development District
On March 6th, staff discussed proposed revisions to the PUD
ordinance with the Planning Commission. The discussion was ratherlengthy but focused prinarily on utility of the PUD district and
problems that had occurred in the past with Chanhassenrs, primarily
residential , experience. The Planning Comrnission discussed thepossibility of inviting individuals e/ho were faniliar \{ith PUDrs toprovide you with background on their use relative to Chanhassen.
Based upon your request, rre have invited John Shardlow of Shardlow,Dahlgren and Uban and Terry Forbord of Lundgren Brothers
Construction to discuss the use of PUDts with you.
John ShardLow is familiar to nost of the Planning Commissioners dueto his representation of some p-roperty owners providing their inputinto the Comprehensive PIan process. l,{r. Shardlow is a r,rell
respected professional planner who has many years of experience inrepresenting a variety of cLients. He also teaches a course in
Planned Unit Developments and has offered to bring some of thatmaterial for your review. In addition to providing information onthe history of PUD's, exanples of thelr use and a discussion of a
model PUD ordinance, I have asked John to discuss the use of PUDIsfor industrial and corntnercial deveLopnents. His firm does
considerable design vrork for these types of projects and he is
uniquely qualified to provide this input. Mr. shardlow's firrn isalso an active participant in the parcel of property located at the
southeast corner of the intersection of Hwy. 5 and Hwy. 41.
Lundgren Brothers construction has an excellent track record of
developing high guatity residential developnents in our cornmunity.
In fact, the Near Mountain subdivisi.on, which they are currently
completing, is being developed under PUD standards. Mr. Forbord'sfirm is also actively involved in developing subdivision proposalsfor the new MUSA area that will be incorlrorated under the
Comprehensive PIan. He made a brief presentation in this regard at
PUD ordinance Discussion
March 15, 199l-
Page 2
the October public hearing on the Comprehensive Plan and succeededin getting the boundary area of the 1995 Study Area revised as aresult. Mr. Forbord has been lrith the firm for a number of years
and is also well qualified to discuss the use of PUDts in theresidential context. He is active in a number of groups includinghis position as a board nember of the Sensible Land Use Coalition.
a
Staff hopes that the Planning Conmission will find this discussionto be lnformative. Information you learn fron this discussj,on
should prove to be useful in developing a revised PUD ordinance forthe community. It may also help you to envision the type of
development and the type of guidance the city can employ relativeto nev/ l-arge scale developnents along Hwy. 5.
sEc. 10.PTANNED UNIT DEVELOP!{ENT (PUD)
SECTION:
10
10
10
10
10
10
10
B:
D:
E:
Authorization
Allohred Uses
Required StandardsCoordination Wj,th Subdivision Regulations
Rev j.sions and/or ChangesPhasing and cuarantee of perfornancecontrol of Planned Unit Development FoIlowingConplet ion
Procedure for processing a planned Unit Development10._.H:
SECTfON l-0._.A AUTHORIZATION: planned unitauthorization may al1ow:
deve lopment
Variety: Within a comprehensive site designmixture of land uses, housing types and
Subd. 2. Sensitivity: Through the departure fron thestrict application of requirei setbacki, yard areas, lotsizes, minimum house sizes, minimum reguiiement=, -naother performance standards associated witn traditionatzoning, pl,anned unit development can rnaxihize thedevelopment potential of land while renaining sensitive toits unique and valuable natural characterist Lcs .
subd. 3. Effj.ciency: The consolidation ofrecreation and reducti.ons in street lengthsutility related expenses.
Subd. 4. - Density Transfer: The project densitycLustered, !q?i"S density on numbLr of units peiversus specific 1ot di.mensions.
Subd. 1.
concept a
dens ities .
Subd .
which
areas for
and other
may be
acre
5. District Integration: The conbj-nation ofare allolred in separate zoning districts such
Mixed residential al1ows both densiti.estypes to be varied within the project.
Mixed residential with increased densityacknowledging the greater sensitivity oiprojects, regulation provides increaledthe property if a pUD is utilized.
Uixed l-and uses h,ith the integration ofIand uses $rithin the project.
USES
AS:
I
B
and unit
PUDdensity on.
c compat ib I e
SECTTON ].0 .
-B
ALI.OWED USES
Subd. 1. Used within the PUD.may include only those usesgenerally considered associated with the genera] land usecategory shown for the area on the offiiial Conprehensive
Land Use Plan. Specific allowed uses and perfornance
standards for each PUD shall be delineated in an ordi.nance
and developnent pIan. The pUD developrnent plan sha}Iidentify all the proposed land uses and those uses shall
become permitted uses with the acceptance of thedevelopnent pLan. Any change in list of uses presented inthe development plan will be considered an amendment tothe PUD and will fo11ow the procedures speeified inSection L0. .F of. this Title.
SECTION 10._. C REQUIRED STANDARDS
subd. 1.. The city shall consider the proposed pUD fromthe point of view of all staneards.and purposes of the
Comprehensive Land use PLan to achieve a naxirnum.coordination between the proposed deveLopment and thesurrounding uses, the conservation of woodlands and,wetlands, the protection of health, safety and welfare ofthe cornmunity and residents of the pUD. To these ends.the City Council shalL consider the location of thebuildings, compatibility, parking areas and other featureswith respect to the topography of the area and existingnatural features such as strearns and targe treesi theefficiency, adequacy and safety of the pioposed layout ofinternal streets and driveways, the aaeguaty and locationof green areasi the adequacy, location and screening ofparking areasi and such other natters as the Councii rnayfind to have a naterial bearing upon the stated standardsand objectives of the Conprehensive Land Use plan.
SECTION ]-O .
-D
COORDINATION WITH SUBDIVISION REGUIATTONS
subd. 1. Subdivision review under the subdivisionregulations shal1 be carried out simultaneously with thereview of the pUD. The plans required under tlis ChaptershaI1 be subrnitted in a fortn which wiII satisfy therequirements of the subdivision ordinance for Lheprelininary and final plat.
sEc"IoN 10._. E REVISIONS AND/OR CHANGES
subd. 1. Minor changes such as the location, placernentand height of structures may bd authorized by LheDevelopnent Review Committee if reguired by engineering orother circunstances not foreseen at the tilne the final-plan was approved and filed with the Director of ConnunityDevelopment.
Subd. 2. Changes in uses, any rearrangement of 1ots,blocks and building tracts, changes ih the provision of
common open spaces. and alI other changes to the approvedfinal developnent plan nay be made only after a prltichearing conducted by the Council-. Any changes shall berecorded as anendments to the recorded copy of the finaldeveloprnent pIan.
Subd. 1. The Planning Commission sha11development accomplj.shed in the variousapproved developrnent schedule -
compare the actua I
PUD zones with the
Subd. 2. Upon recommendation of the planning Commissionand for good cause shown by the property owner, theCouncil- may extend the limits of the devetopmentschedule.
Subd. 3. The construction and provision of all of theconnon open space and public and recreational facilitj-eswhich are shol^In on the final developnent plan nust proceedat the same rate as the construction of dwelling units, j-f
any. The Developnent Review Committee shall review aII ofthe building permits issued for the pUD and examine theconstruction which has taken place ofind that the rate of construction ogreater than the rate at which commopublic and recreational facilities hand provided, they sha1l forward thiCouncil for action.
SECTION 10. G
ntfdno
avesi
he site. If they
wel l ing. units is
pen sPaces and
been constructed
nformation to the
CONTROL OF PI,ANNED UNIT DEVEIOPMENT FOLLOWING
CO!.,IPtETION
Subd. 1. After the certificate'of occupancy has beenissued, the use of the Iand and the construction,modification or alteration of any buildings or structureswithin the planned development shalI be governed by thefinal developrnent plan.
Subd. 3. All of the provisions of this Iitle applicableto the original district r.rithin which the plannLd UnitDevelopment District is established shalt apply to the pUDDistrict except as otherv,/ise provided in apploval of thefinal p1an.
Subd. 4. Review: If substantial development has notoccurred within a reasonable time after ipproval of the
PUD Zoning District, the City Council- may instruct thePl-anning Commission to initiate rezoning to the originalzoning district. ft shall not be necessary for the CityCouncil to find that the rezoning was in eiror.
SECTION 10._. F PHASING AND GUARANTEE OF PERFORMANCE
Subd. 2. After the certificate of occupancy has beenissued. no changes shall be made in the approved finaldevelopment plan except upon application as provided
below:
Any minor extensi.ons, alterations or modificationsof existing buildings or structures may beauthorized by the Development Review Cornnittee ifthey are consistent L,ith the purposes and intent ofthe final plan. No change authorized by thisSection may increase the cube of any building orstructure by more than ten percent (10?).
Any building or structure that is totally orsubstantially destroyed may be reconstructed only incompliance with the final. developrnent plan unlessand arnendment to the final deveLopnent plan isapproved under Section 10. .F.
Changes in the use of the cornmon open space may beauthorized by an amendment to the final developmentplan under Section 10. .F.
B
c
D Any other changes in the final devel-opnent plan rnustbe authorized by an amendment of the finaldevelopnent plan under section 10. .F.
SECTTON ]-0.
-.
H PROCEDURE FOR PROCESSTNG A PI,ANNED UNIT
DEVEI.OPMENT
Subd. 2. General Concept plan
Subd. 1. Application conference: Upon filing of anapplication for pUD, the applicant oi the proposed pUDsha]l arrange for and attend a conference with the ZoningAdministrator. The prinary purpose of the conferencesha1I be to provide the appl.icant rrith an opportunity togather infonoation and obtain guidance as to- the genlralsuitability of his proposal foi the area for wnici it isproposed and its confomity to the provisions of thisTitle before incurring substantial expense in thepreparation of plans, surveys and othlr data.
A. Purpose: The general concept plan provides anopportunity for the applicant to sutmit a plan tothe city showing his basic intent and the leneralnature of the entire development without incurring
fo1 I owing :
1. OveraLl rnaxinurn pUD density range.
2. General location of najor streets andpedestrian ways.
4
1
3
4
Generaf location and
corunon open space.
extent of public and
5
6
General- location of residential andnonresj.dential land uses with approximateand intensities of developnent.
Staging and time schedule of development.
other special criteria for developnent.
type
by
B Schedule:
Developer meets with the Zoning Administratorto discuss the proposed developments.
The applicant shall file the concept stageapplication and preliminary p1at, togetherLrith all supporting data.
Within thirty (30) days after verificationthe zoning Adninistrator that the requj-redplan and supporting data is adequate, thePlanning Comrnission sha1l hold a public
hearing.
The City may request additional inforrnationfrorn the applicant concerning operationalfactors or retain expert testimony at theexpense of the applicant concerningoperational factors.
The Council nay hold a public hearing afterthe receipt of the report and recomnendationsfrorn the Planning Cornrnission. If the planning
Comnission fails to make a report within sixty(60) days after receipt of the application,then the City Council may proceed without thereport. The council may approve the conceptplan and attach such conditi.ons as it deernsreasonabLe. Approval shalI reguj.re afour-fifths (4,/5) vote of the entire Counci-1.
2.
6.
The Planning Commission sha11 conduct thehearing and report its findings and rnake
recornmendat ions to the City Council. Noticeof the hearing shall consist of a 1ega1property description, description of request,and be published in the official newspaper atleast ten (10) days prior to the hearing andwri-tten notification of the hearing shail bemailed at Least ten (LO) days prior thereto toowners of land irithin three hundred fifty feet(350') of the boundary of the property inquest ion .
Development Stage: Following generaL conceptapproval, if given, the applicant shaIl submit thedevelopment stage application ahd final p1at, Theapplication shalI proceed and the acted upon in
accordance with Section L0. .F for zoning districtchanges. If appropriate beEEuse of the limitedscale of the proposal, the concept stage and
development stages may proceed sirDultaneously.
D Applications: Ten (10). copies of the fo11owingexhibits, analysis and plans shall be subrnittedthe City:
General Concept Stage 3
Prelininary plat and inforrnation required bysubdivision Tit1e.
ceneral- Information:
(a) The landowner,s name and address and hisinterest in the subject property.
(b)The applicant,s name and address ifdifferent from the Landowner.
(c)?he names and addresses of allprofessional consultants lrho havecontributed to the developnent of the
PUD plan being subrnitted, includingattorney, land planner, engineer andsurveyor.
to
1
2
(d)
3 Present Status:
Evidence that the applicant hassufficient control over the subjectproperty to effectuate the proposed pUD,
including a statement of aLl. J.egal ,beneficial, tenancy and contractualinterests held in or affecting thesubject property and including anup-to-date certified abstract of titleor registered property report, and suchother evidence as the city Attorney mayrequire to show the status of title orcontroL of the subject property.
(a) The addressproperty.apd legal description of the
The existing zoning classi ficationpresent use of the subject propertyaII lands within one thousand feet(1,000' ) of the property.
(b)and
and
c.
(c)
(d)
(e)
A map depicting the existing developmentof the property and all land within onethousand feet (1,000,) thereof andJ.ndicating the Location of existingstreets, property 1ines, easenerits,water maj.ns and stom and sanitarysewers, with invert elevations on andwithin one hundred feet (100,) of the'property.
A written statement general describingthe proposed PUD and the narket which itis intended to serve and its denandshowing its rel-ationship to the City,s
Cornprehensive Plan and how the proposed
PUD j-s to be designed, arranged andoperated in order to permit the
development and use of neighboringproperty in accordance with theapplicable regulations of the City.
S j-te Conditions: Graphic reproductj.onsof the existing site conditions aU ascale of one inch equals one hundredfeet ( 1tr = 10O').
(1)contours; minimumintervals.two f oot ( 2rr )
(2) Location, type and extent of tree
cover.
Slope analysis.
Location and extent of waterbodies, lretlands and streans andflood plains rrithin three hundredfeet (300') of the property.
Signif icant rock outcroppings.
Existing drainage patterns.
Vistas and significant views.
(s)
(6)
(7)
(8)Soil conditions as they affect
development.
(3)
(4)
A11 of the graphics should be the samescale as the final plan to allow easycross reference. The use of overlays is
recommended for clear reference.
(h)
(1)
(2)
Schenatic drawing of the proposed
developnent concept including but notlimited to the general Location of najorcirculation elements, public and contnon
opbn space, .residenti.al and other Ianduses.
A statenent of the estinated total
number of dwelling units proposed forthe PUD and a tabulation of the proposed
approximate allocations of land useexpressed in acres and as a percent ofthe total project area, srhich shaLlinclude at least the following:
Area devoted to residential uses.
Area devoted tobuilding type.
residential use by
Area devoted to connon
space .
open(3)
(4)
(5)
(7)
(8)
Area devoted
space.
to public open'
Approxinate area devoted to,
number of, off-street parkingloading spaces and related
access.
Approxinate area devoted tostreets.
Approxinate area, anddevoted to conmercial
and
and
Approxinate area, anddevoted to industrial
use .
floor area,
uses .
f .Loor area ,or office
(f)
(s)
(5)
When the PUD is to be constructed instages during a period of tine extendingbeyond a single construction season, aschedule for the developnent of suchstages or units shalI be subhittedstating,the approximate beginning andcompletion date for each such stige orunit and the proportion of the total pUDpublic or conmon open space and dwellingunits to be provided or constructedduring each such state and overal.l.chronology of developnent to be followedfrom stage to stage.
4
(i)When the proposed PUD includesprovisions for public or common open
space or servj-ce facilities, a statenentdesCribing the provisi.on that is to be
rnade for the care and maintenance of
such open space or service facj.lities.
(i )Any restrictive covenants that are to berecorded !'rith respect to property
included in the proposed PUD.
Schenatic uti.lities plans indicating
pLacement of u/ater, sanitary and storm
sewers .
(k)
(1)
(m)
Development Stage: Development stagesubmissions should depict and outl j.ne theproposed inplenentations of the general
concept stage for the PUD. Informatj.on fromthe general concept stage may be included for
background and to provide a basis for thesubmitted plan. The development stage
subrnissions shall include but not be lirnitedto:
(a)
(b)
The city may excuse an applicant fromsubnitting any specific item ofinformation or document required in thisstage which it finds to be unnecessaryto the consideration of the specific
proposaJ..
The City rnay reguire the submission of
any additional information or
documentation which it may find
necessary or approprj.ate to ful-1consideration of the proposed PUD.
A final plat and inforrnation required bythe city subdivision Title.
Ten (10) sets of prelininary plans drawnto a scale of not Less than one incheguals one hundred feet (1rr=100,) (or
scaLe requested by the Adninistratorcontaining at least the followinginfornation ) :
(1)Proposed name of the develophent(which shall not duplicate nor besinilar in pronunciation to the
narne of any plat theretofore
recorded in the county where thesubject property is situated).
(2) Property boundary lines and
dirnensions of the property and anysignificant topographical orphysical features of theproperty.
(3) The location, size use and
arrangenent including height instories and feet and totaL squarefeet of ground area coverage andfloor area of proposed buildings,including urobil.e homes, andexisting buildings which willrernain, if any.
(4) Location, dimensions of alldriveways, entrances, curb cuts,parking stalls, loading spaces andaccess aisles, and all othercirculation elenents includingbike and pedestrian; and the totalsite coverage of all circulation
elernents.
(5) Location, designation and totalarea of all conmon open space.
(6) Location, designation and totalarea proposed to be conveyed ordedicated for public open space,including parks, playqiound!,
school sites and recreationaLfacilities.
(7, Proposed lots and blocks, if anyand numbering . system.
(8) The location, use and size ofstructures and other land uses onadjacent properties.
(e)
(10)
Detailed sketches and provisionsof proposed landscaping.
ceneral grading and drainage plansfor the developed PUD.
( 11)
A tabulationresidentialpopulation.
Any other infornation that nayhave.been required by the planning
Comrnission or Council inconjunction hrith the approval ofthe general concept p1an.
(c)
(d)
(e)
(f)
(s)
(h)
An accurate legal description of theentire area within the pUD for which
f inal. developtnent plan approval issought.
indicating the number ofdwelling units and expected
A detail-ed site plan, suj.table forrecording, showing the physical layout,design and purpose of aL1 streets,easenents, rights of lray, util!,ty linesand facilities, 1ots, block, public and
common open space, general landscapingpIan, structure, including mobile homes,and uses.
A soil erosion control plan acceptableto watershed districts, Departrnent ofNatural Resources, Soil- ConservationService, or any other agency with reviewauthority clearly illustrating eros ioncontrol neasures to be used duri-ngconstruction and as permanent meaiures.
Preliminary grading and site alterationplan illustrating changes to existingtopography and natural site vegetation.The Plan should clearly reflect the sitetreatment and its confornance Lrith theapproved concept plan.
A preliminary plat prepared inaccordance r^rith the SubdivisionOrdinance.
(i )
(i)
A tabulation indicating the gross squarefootage, if any, of commercial andindustrial floor space by type ofactivity (e.9. drug store, dry cleaning,supernarket ) .
Prelininary architectural rrtypical "plans indicating use, f1oor, p1an.elevations and exterior wall finishes ofproposed building, including mobile
hornes.
CITYICOUNTY OF
MINNESOTA
AN ORDINANCE AMENDTNG TITLE
THE CITY/COUNTY CODE, BEING THE
CITYICOUNTY OF
CASE FILE
The City Council/County Board of the
as follows:
_oF
ZONING TITTE OF THE
orda ins
section 1. Tlt1e L0 of the code is hereby
amended to rezone to
within the City/County of , llinnesota.
Section 2. The Zoning Map of the Citylcounty of
shall not be republished to show the aforesaid rezoning, but
the Community Developnent Director or his designee shaIl
appropriately nark the zoning map on file in the City/County
Clerk's office for the purpose of indicating the rezoning
provided for in this Ordinance and aI] of the notations,
references and other information shohrn thereon are hereby
incorporated by reference and nade a part of this ordinance.
oRDINANCE NO. _
in accordance r.ri.th the Planned Unit Developnent/Subdivisi.on
Agreernent on file in the Citylcounty cl.erkrs office dated
,19- , the following described property located
referred to and described in said Title _,
ORDINANCE NO.
Page 2
section 3. This ordinance shall be effective irn'nediately
upon its passage and publication according to 1aw.
PASSED AND DULY ADOPaED THIS _ day of
19_, by the City Council/County Board of the City of
CITY/COUNTY OF
By:
Mayor/Board Chairman
ATTEST:
c L tylcounty Clerk
PLNNNED I'NTT DEVEIOPUENT
AND EI'BDTVISION AGREEI.TENT
AGREEMENT, dAtEd between the CITY,/COI NTY of
( insert name )a l,li.nnesota Corporat Lo
1 Reouest for Planned Unit Develoome t Anproval .
asked the CITYICOUNTY to approve a Planned
and subdivision (insert subdivision narne) with
( insert number and tvDe e anole: 72 -4-un it Dartnent)
( trthe CITY/COLTNTYir ) and
n, ('rthe DEVELOPERTi).
The DEVEI,OPER hasUnit Developnent
structures ,location --
on the _ acre parcel in the (insert qeneralized
examnle: northwes t cruadrant of 134th Street and
Parkwood Drivel .
fol l ows :
The Subject Property is 1egaIIy described as
(fnsert legal description)
2 Pl-anned nit DeveloDment ADDroval.
3. Approval bv the CfTY./COUNTY.
The CfTYICOUNTY hereby grants approval of the FinaL DevelopmentPlan subject to the approval of the final pl.at and the
DEVELOPER, s cornpliance Uith the terEs and conditions of thisagrreenent. The CITY/COITNTY agrees to approve the final plat
and applications for buiLding periits, piovided that said platand plans are consistent with the exhibits which were approvedat the Concept level of the Planned Unit Developnent process,and all of the conditions of this agreement have beensatisfied.
The CITY/COI NTY hereby approves the Developnent as shotn on thefo11or{ing exhibits. ?he DEVEITPER shatl d-ve1op the SubjectProperty j.n accordance with the general plans sholrn on theexhibits. If, however, the exhibits vary from the writtenterms of this Agreenent, the written terras shall control . Theexhibits include:
fDsert NaEe of City/Coutty Drv.loper Page 2
(Insert list of exhibits - see list of exanples beforr)
Planned Unit DevelopDent Site Plan.site crading and Erosion Control plan.
PreliEinary Utility P1an.
Proposed Building Pl.ans and Elevations.
Landscape Plan.Prelininary Plat.
4. Phased Development.
5 Comnl ianc e t ith Laws and Re Iations.
(set forth the developEent phasing that has been approved --see example beJ,ov)
The DEVEIOPER intends to develop the entire project in a singleconstruction season. Consequenily, the entiie ;ite wil1 begraded in a single operation. Grading plans will be approvedif they are in conformity uith the approved prelininary gradingp1an, and provided that the conditions set forth be).ow, whichrelate to the grading process, have atl been satisfied.
A
B
c
D
E
F
The DEVELOPER represents to the CITY/COUNTY that the proposed
Developnent conplies with al.l City, county, lltetropolitan,State, and Federal laws and regul.ations, including but notlinited to: Subdivision ord j.nances, Zoning Ordininces andEnvironmental Regulations. The DEVEIOPER igrees to conply withsuch laws and regulations.
6. Rezoninq.
(Insert current underlying zoning)
The CITY/COUNTY conducted hearings to consider the rezoning ofthe Subject Property froro , to
PuD Plained unii Deirei;pie lzonethe Subject Property to PUD, subject to the DEVELPERS strictcompliance L,ith the approveo pIans, and the tertus andconditions of this agreement. (Minor variatlons fror0 the
lpproved plans nay be approved by the city,s/county,s D€signReview Connittee, under the directlon of the ConnunityDevelopnent Dlrector, Zoning Adroinistrator or ?).
SubstantiaL departures fron the approved plans rrill require an
amendment to the Planned Unit Developnent, in accordance nithSection of the (insert natne'of Citv or Countv) ZoningordinancEl--Jai1-ure by t nentactivity, in accordance with the Final DevelopEent p1ani,within one year follouing the flnal approval ot tfris plannedUnit Developnent, will necessitate the approval of an extensionof the developnent schedule by the City Liuncil/County Board.
Page 3
7. Additional Conditions of ApprovaI.
proposed developnent Deets the
andards for the approval of a planned unitt forth in Section se t
conply with the
g Ordinance, the OevElopnent shall alsoIlowing conditions:
To insure that t
City ' s/County, s
development, as
County nane) Zon
hest
se
in
fo
(The
Prior to the construction of the storn rater systenconnection betrreen the subject developnent and theadjacent storn water pond, a detailed plan for both thisconstruction and post construction site restoration shal1be subnitted and approved by the Citylcounty Engineer.The construction of said inprovenents sha11 be in strictaccordance with the approved plans.
Prior to the cornmencement of site developnent activities,the DEVELOPER shaIl have posted lrith the CITYICOIJNTY aletter of credit, in an amount eguat to 125t of the costof alL site landscaping and site restoration. Thespecific anount of this letter of credit sha1I bedeternined by the Conrnunity Developrdent Director,following the conpletion of aI1 site construction plans.
The owners Association docunents shall contain stronglanguage strictly prohibiting either resident or visitorparking in areas which are not specifically designated forparking, on the approved Site Developnent F1an. TheseAssociation documents shaI1 include appropriateenforcement provisions and said provisions shall renain ineffect throughout the life of the developnent.
The DEVEIoPERS shall prepare and impleurent a plan fortraffic control signage uithin the developnenl, to beapproved by the City/County Engineer.
B
D
E
Insert Na.Ee of City,/County D€v€lope!
following are examples of conditions)
Snow fencing sha1l not be pl.aced nearer the trunks of thetrees to be saved than their existing drip lines, unlessspecifically authorized by the approved crading andErosion Control P1an. Prior to the coDDencement of anygrading, or site preparation activities, the DEVEIXIPERshal1 install snow fencing, as illustrated on the approvedgrading and erosion control plan.
F
Inselt Nlne of Clty/Coulty D.volop€r
This Agreernent also acknorrledges the DEVEITPER, s
commitment to undertake additional landscape iuprovenents,in and around the apartDent project, acrosl parklrood Drivefrou the Subject Property, rrhich uas developed and is
owned by the saDe DEVEIOPER.
8 . DE\TEIOPER' s Default .
fn the event of default by the DEVEITPER, as to any of the workto be performed by it hereunder, the CITY/COI NTy rnay, at itsoption, perfom the work and the DEVELPER shall promptly
reimburse the CITY/COITNTY for any expense which it incurs. Ifthe CITY/CoUNTY is not reinbursed uithin 15 days from the dateof the billing for the cost of perforDing such work, the
cITYlCoUNTy shalI be reinbursed fron the letter of creditidentified in Section 7-C above.
The CITY/COUNTY agrees to give the DEVELOPER written notice ofits dafault not less ttran ttrirty (30) days prior to the
conmencement of the CITY,S/COINTy,s rrork. The CIIY/COITNTY andthe DEVELOPER recognize that rreather conditions nay affect theability of the DEVELPER to perfo n the work reguired to beperforrned hereunder and agree that such thirty (30) days sha11not include those days on which rreather conditions preclude
performance by the DEVEIPPER.
Notice to the DEVEITPER shall constitute, without furtheractj.on, notice to any contractor or subcontractor. This
Agreement is a license for the CITY/COITNTY to act. When the
CITYICOUNTY does any such work, the CITy/COUNTY Day, inaddition to its other remedies, assess the cost in whole or inpart. If deened impractical by the CITY/COUNTy, the abovenotice requirements shalI not be required for the CITY/COI NTyto controL eros j.on problens.
9. Mi sce L L aneous .
A This Agreenent sha1l be binding upon the parties, theirheirs, successors or assigns, as the case may be.
Breach of any naterial. telm of this Agree:nent by the
DEVEITPER shall be grounds for denial of building perrnits.
The CITY/COI NTY shall give the DEVEIpPER 30 days notice,prior to exercising its right to deny pernits.
ff any portion, section, subsection, sentence, clause,paragraph or phrase of this Devel.opnent Contract is forany reason heLd invalid as a result of a challenge broughtby the DEVEITPER, its agents or assigns, the CIly/COt NTymay, at its option, declare the entile AgreeDent null andvoid, and approval of the prelininary plat and final
deveLopment plan shaI1 thereby be revoked.
B
c
Prgs I
Insert NaEe of City/couDty Developer
This Agreenent shall run wibe recorded in the
This Agreement shallpublic interest.
Page 5
th the Subject Property and may
County Recorder,s Office.
D
E 1ibera1ly construed to protect the
10. Notices.
Required notices to the DEVELoPER shal1 be in writing and sha11either be hand delivered to the DEVEIoPER, its e:nplofees oragents, or nailed to the DEVEITPER by certified oi r-gisteredmail at the follolring address: (inseit developerrs ad6ress)
Notices to the CITYICOUNTY shall be in writing and shall eitherby hand delivered to the Cormunity Devetopneni Director, ormailed by certified or registered rnail, in care of theConnunity
_
Development Director at the following address:(insert city/County address)
Insert NaDe of City,/Couuty Dsveloper Page 6
IN IJITNESS WHEREOF: the parties have hereunto set their handsthe day and year first above urittin.
Ilayor/County Board ChairDancity/county of
lilanager/Adnini stratorCity/County of
State of Mi.nnesota
County of
The foregoing instrument rras acknowledged before De on this
day of , 19_, by
l,layor/County Board Chairrnan, and
)
)
Manager/Administrator, City/County of
behaLf of the City/County of
-sea 1-
roD
Notary Public
Expiration Date of Coumission:
Insert Na.Ee of City,/CouDty Developer Page 7
-'
Presid?Ilr. o, conpany)
State of l,linnesota
County of
The foregoing instrurnent rras acknowledged before me on this
day of , 19_, by
Pres ident ,
)
)
on behalf of
- seal -
Notary Public
Expiration Date of commission:
Planning
tlarch 6,
Commission MeeLi nsl99l - Page 23
to be given only for the year in uhich it is given and notfor any other future time).
Approval for a portable chemical toilet may be denied or
revoked upon any of the foLlowing grounds:
2') Any violation of the intent of the ordinance or if theportable chemical toilet otherwise presents a nuisance.
e
3) Any evidence of failure to maintain the toilet
odors and pollution or to maintain screening.
to eliminate
Section 3. This ordinance shall become effective from and after its date
of publication.
AII voted in favor of the motion except Ladd Conrad who oPPosed and the
motion carried with a vote of 5 to 1-
Ernmings: Ladd do you want to state your reasons?
Conrad: I just don't think the benefits outr^reigh the risks and I do
believe that as the ordinance is worded, I would change this and basically
my direction, if we are to be flexible, would be to have some certain
minimum standards. 1OO yard lot widLh for sure. 30 yard side yard setback
for sure. Anchoring to some permanent structure for sure. And probably a
statement, intent statement that ue, and this is my own thought and it
obviously doesn't reflect anybody elses here but generally discourages the
use of chemical toilets except when certain conditions exist that Protectthe environment and the neighborhood. Did I say yards? f meant feet.
Thanks for catching me. On those standards I was thinking feet.
PUBLIC HEARING:
ZONING ORDINANCE AI{ENDMENT TO AHEND ARTICLE VITI PERTAINING TO THE PUD.
PLANNED UNIT DEVE OPMENT DISTRICT.
Paul Krauss presented the staff report on this item. Chairman Emmings
called the public hearing to order.
Erhart moved, Batzli secondcd to close the public hearing. All voted in
favor and the motion carried- The public hearing ras closed.
Emmings: Anybody want to talk about this?
The portable chemical toilet shall be securely arichored to theground to minimize tipping of the toilet-
1) Complai.nts of residential neighbors;
Erhart: Yeah, what was the reason when I'tark, Iet me step one back further.
l.Jhen we first redid our PUD ordinance, that uras on here a few years ago I
guess, I was aloays left with the impression that tre ulere talking about a
PUD related to residential development in a residential zoning district.It never occurred to me at that time we were talking abouL anything other
than that, Th6n Market Square came along and all of a sudden Lle u,ere
d
Planning
March 6,
Commission Meet i ng
199! - Page 24
talking about a 1OOZ commercial. area and we were
I go rdrong originally? And secondly r^rhy, remind
is a PUD.
doing it
me again
PUD. tlhere did
why Har ket Square -
Krauss: tJell. I think, Tim your perception probably goes back to the factthat Chanhassen historically has used it more in a residential setting than-
we have elsewhere. NouJ that goes against conventional wisdom because the
reverse is usually true in most communities. In fact arguably, we've had alot of problems with residenlial PUD's and that's why you got into that
because the changes in Lhe PUO ordinance u,ere designed to address theproblems that became evident after development in neighborhoods Iike
Pheasant Hills took place and you sab, thaL nobody had room for decks andthat sort of thi.ng. I'm sorry, what was the second question?
Erhart: t,hat was the purpose
uhat did we get out of that?
in Market Square? l.Jhy uras that a PUD and
Krauss: t^lell I'd like Lo think that the end result b,as that we got afairly high quality, fairly high level of design architecturally from a
landscaping standpoint .
Oi.sen: We got setbacks. It was in the CBD ohere there is no setbacks.
Krauss: I don't know what the trade off is supposed to be. I mean there
was a.].ways, it r,,ras an implied. Li ke I say, conventional ulisdome was thatthere's supposed to be a trade off but it never said that in the ordinanceand it never gave you any kind of indication as to t,hat we should expect.Also the rationale for Market Square in part being a PUD is because the
development was intense enough that they needed the flexibility. They
needed to be able. to get around things Iike the hard surface coverage if
Lhey were going to make the development work. That's fine if you'regetting what, if the City gets b,hat they want out of it. And I think thatone worked out. But it only worked out after literally dozens of meetingswith the developer saying you know, putting our foot down and ule're notgoing to take this and trying to uork out compromises. And as I recall,the PIanning Commission itself ulas negotiating architectural detailing atthe very end.
Erhart: l,Jere they negotiating or just imparting our wishes? Is one,of thecomplicating things here is that you're trying to make one ordinance covermultiple zoning distr icts?
Krauss: I don't think so. PUD is a generic term. It's a generic,administratively functionally it cuts across aII the Iand use categories.
l,Je have some specific standards for single family because of our uniqueexperience in using it.. Having seen some of the end results here uithresidential PUD's, I persona).Iy wouldn't advocate that we ever do it again.Not for single family but I think that if r.re did it again with the' singlefamily, we'd have better guidelines than we did before.
Erhart: You don't think u,e got additional open space?
Krauss: I'm not sothat were protected tlell in Pheasant Hills we did Set some outlotscouldn't have probably protected them anyr.lay.
sure.but we
PIanning
March 6,
Commission Meeti ng
f997 - Page 25
Olsen: That uas before the.
after ?Kr auss :[.,1a s
That
Lundgren's
olsen:wasn't a PUD.
Batzli: l.,as Fox HoIIow before or after?
Olsen: Before . La ke
definitely get more.
Susan HiIIs was one of the after ones and we did
Er hart: It r.,as my impression that the whole negotiation there was that r.regot open space out of that.
Krauss: t^lel} again, if the City's getting what is meeting it's
expectations. Pheasant HiIls was designed apparenLly on the presumption
that it would lower the cost of housing by going with smaller ]ots. That
clearly didn't happen up there. Ther€ are other ways of achieving that.
There's another type of housing that I ta] ked about briefly in here but Ididn't propose standards for it but I was familiar uith it from urorking
with it in Minnetonka. Is that I found that uith several develoPments over
there, zero Lot line or Z Lype of development. I don't know if you're
familiar with it but they're singLe family detached homes on very small
Iots that share, you know one wall of the house is virtually bn theproperty line and the wall of the house adjoing it is virtually on theproperty Iine and then there's common spaces inbetween. I found tha! you
had to develop specific standards to deal with that type of develoPment
such as you already did with single fmaily because you have PeoPIe living
in such close proximity that if somebody sticks their air conditioner
compressor under the other person's bedroom window, you 've got a majorproblem. or you want design f lexibil.ity in the house but windor.r, you know
one window here shouldn't Iook into the bathroom over there.
Batzli: In that type of setting, are they physically, are the wallsphysically attached or is zero iust kind of you're a couPle feet aPart?
Krauss: Usually you're a few feet apart.
Emmings: Can you puL a portable chemical toilet inbetween?
Krauss: SpIit the difference.
Krauss: I don't know if we're going to have that here. I've got to assume
that sooner or leter somebody's going to propose thaL. I do have some Nays
of handling it but I didn't feel Iike muddying up the issues too much atthis point.
Conrad: I've just got some thoughts. I think we're going in some good
directions. tle've talked about some of these things in past years and some
of it may be before PauL's time. Maybe Jo Ann and I t.lere the only ones
around but a lot of trhat happened. A lot of problems occurred when you get
i nto PUD. 1.,e don't have a clue what we're getting. l.Je don't know what
ure're giving up value b,ise. Therefore, we don't understand the negotiation
Emmings: Just enough room in there.
Pl.anning
March 5,
Commission Heeti n9
L99l - Page 26
process. Strict).y city negotiating. There aren't concrete performance
standards which a lot of communities have. t^le'.re not smart enough here orhaven't put the time in to develop those performance standards. tle talk
about them but we don't really know h,hat they are. You reduce density byx. You wiII increase or you save a wetland, you r^rill actuaLly increase. Itbrill eive you x percent increase in density. Ue have a little bit of that -here but not very much. So it's Iike we're bordering on something and toreally have good performance standards in one terrific, a whole bunch ofwork. Otherwise we're back in the same game of weII, is staff negotiating? -And I think, I don't want to discourage what PauI is presenting here
because I think anything that helps define more what we're doing is better
but again, I just think for those of you who haven't been around a wholeIot, performance standards can be exLremely complex. They're great ifyou're smart enough to figure out uhat they are. Typically you're smart
enough. Don't put enough time into it so you kind of wing it r.lhen the
developer comes in. But again, the thing that I need, I don't know that
some of what we're giving Paul is meaningful . I don't know that taking aIot from 15,OOO square feet down to 12,OOO square feet is meanginful. Itmight be but I don't knor.r what the developers think about that. tle haven't _seen them flocking in and requesting PUO's because of that. On the other
hand, because I don't knor.,r what that, how meaningful that is economically,I don't know what we can expect from a developer on the other hand. Soagain, from a commissioner, from a lay person, you almost have to trust the-staff can figure some of this stuff out - And again, it's a Iot of, it'sstaff negotiation. In here PauI, I'm just going to uing a few things aboutwhat's here. Under the allowed uses, there r.,as a section called specific
uses and performance standards for each PUD shall be delineated in a'
development plan. The performance standards. So you have to make those upevery time a development plan comes in?
Krauss: t^tell you do, but that's part of the flexibility that a PUD gives.
I can give you an example of one that, I was kind of pleased with how itturned out. The Minnetonka Corporate Center is an industrial office PUDthaL Trammel Crow developed. It's off of 494 and the Crosstown. tlhen we
worked the PUD agreement up for that, iL Iaid out what types of buildings
and what sizes of buildings and the number of stories where going to go on -individual areas. It delineated all lhe tree preservation areas. ftdelineated where uetlands urere going to be preserved. tlhere wetlands uleregoing to be created. tlhere major landscaping features were going to go.
It laid out a whole signage package. tJe threb, out the sign ordinance and
came up with a coordinated sign program. Came up with a coordinatedlighting program. There h,ere general architectural standards that were
approved in there where most of the buildinss were going to be glass andbrick and there was limited use of tip up panels where truck loading wasconcealed. tlhere there'd be common spaces in some of the buildings. Andthis is a 15 year deveJ.opment program that was laid out and it was a bookthat was developed which was adopied and it was amended from time to timebut that book has essentially guided that development to where it is rightnow. Now it's not finished to this day b,rt I think, you Iook at thdgeneral ]evel of development in there. The standards that have been
adhered !o and they're pretty good. That's what I see being adopted uhen
hopefully,.when the development group comes in with 16O acres on TH 5 and
TH 41 . That would an ideal spot to go through a procedure Iike this. tlhat -I would like to avoid Iike the plague on a site ]ike that is zone the wholething IOP. Have it split up into 45 lots and anything that comes over the
Planning
Harch 5,
Commission l',leet i ng
7997 - Page 27
next 20 years goes. That seems Iike we're thro*ing out any kind of control
uJe can exercise over it. Nor., you do exercise control over it through your
site plan ordinance and ure're trying to get better code requirements in
there. But I think you're a lot better off if you can look at the bigpicture on something like that and get those areas preserved that you want
to get. Get the building massing in the right places and get it aII to
work as an overa]I concept.
Emmings: Now the site that you just mentioned in Minnetonka,.was
on an ordinance that was similar to what we've got in front of us
to review? What were the performance standards in the Hinnetonka
that that was developed under?
that done
here now
or di nance
Emmings: And just for clarifiation for me anybody, to the extent that I've
been involved with PUD's, it was always my understanding that' Iike jzou
said in this one introductory paragraph. It uas kind of common wisdom in
the city that a development has to earn a PUD zoning but it's not real]y,
that expectation isn't ulritten douln anyulhere. I knot^r that when I was here
through one revjsion of the PUD ordinance, everybody said if we don't get
someLhing that we Hant out of this. And it's not preservation of a wetland
because they have to do that anyway. l.le don't ever, they don't get anypoints for that because they have to do it anyhow. They have to really
give us something that we want or we deny it and that didn't work over here
on Lake, was it Lake Susan HiIIs? The big develoPment that's urest of Lake
Susan, what is that?
Olsen: Lake Susan HiIls.
Emmings: Yeah. Because I remember the Planning Commission there felt we
weren't getting anything and we recommended denial and fhe City CounciL saw
it just the other uray around. They saw it as a tremendous opportunity to
zone a tract that uras over 3OO acres and they said it r.ras a PUD so
obviously in the City Ne haven't had any concurrence or any agreement on
what r.re're doing here so Iaying this stuff out I think is real imPortant.
Conrad: In Lhat case, they thought they were getting a good park .and we
didn't think we were getting a good park. Or PIay area or uhatever. There
was just a whole lot of difference of opinion on that and again, it goes
back to we don'L have a clue what ue're getting. tlhat is the develoPergetting value wise for increased density or for something and what are t.Jegetting back? I've never had a handle on that one. And most of the times,
most of the PUD's I feel we're giving up far more than what we're getting
but that's just.
Krauss: That !.ras developed under an earlier version of the tlinnetonka
ordinance. I r^,rote the current version of the Minnetonka ordinance and I
took a lot of that and kind of changed it a little bit but fit it into this
current proposal that you're Iooking at now. t^lhat Has in the Hinnetonka
ordinance though r^rere basic expectations, even the old ordinance, as to you
know, protectj.ng the exterior of the PUD as to what the City had a right to
expect, The curren! version of the ordinance is more expliciL. But
Trammel Crow was a good enough develoPer too that we Here able to kind of
urork mutually towards this thing and basically the current version of the
l,linnetonka ordinance is reflective of my experience working ttith them on
that and what we had a right to expect.
Planning
Harch 6,
Commission Meet i n9
1991 - Page 28
Emmings: And interesting, in that case too, the threat was if we didn't
see it as a PUO, then they r.rould come in under the subdivision ordinance
and just put in a straight subdivision. And ue said, on the Planning
Commission we said fine. t^le think we've got a good subdivision ordinance.
Go ahead and do it because we don't think that's what you uanL but that did
scare the City CounciI. They didn't wanL that.
conrad: Yeah. And they have known something we didn't knoul .
Emmings: RiSht .
Conrad: Are there cases where ue r.lould require a PUD?
Krauss: tlell I would like to be in a position to require developments to
90 PUD because I think Ne get better product and can work it better. Everytime I try it, the City Attorney tells me I can't do it. You can almos!kind, you can ask somebody to do it. You can be very specific that we'renot going to let one variance go through unless. You can really put
somebody in a position urhere they wanted it. Also, developers these daysare more savy than they used to be and they realize that PUD's allor4phasing. They allow the City to look at different standards for streets.
They aIIow them more flexibility at building clustering. l.laybe moredensity than they would normally get. And the better developers are, you
know they're typically looking for that.
Conrad: I don't knouJ. I like PUD's. I don't think tre offer enough in
exchange in some cases. I'd Iike to really encourage things Iike open
spaces and stuff and I'm not sure what ue are able to give really doesthat, In other words, instead of putting 8 units on a piece of property,
my posture and it's really changed over the years. Instead of the a, ifyou clustered them in a highrise which takes us to a different zoning
category but you know, double, triple the number. Leave some open space.In essence what you're doing is preserving some of that Iot for open spaces_or whatever but you're really, you're kind of changing .{hat the zoning.
You know, my philosophy, I'd be putting in a highrise to do that and Idon't know that that's what the current ordinances allow. Butphilosophically, there's just some neat trade-offs that you can make but a -]ot of people still love large lots and I think there are reasons to changethat because it preserves some other things out here that are equally asvalid. Couple other questions. I don't Nant to dominate this but the 5acres sort of bothered me because I don't know if you can have a PUD in 5acres. You said you've heard that's a standard that other communities havebut I'm just sort of, you can't have a residential . It's though to have aresidential PUD in 5 acres. Maybe you can have some other kind of PUD but -
that's a real, I guess that gives us flexibility. The other point I uantedto add on. I think in this thing Paul you should be saying we h,ou]d, theCity encourages PUD's and maybe we can't require it but I think wordingwise, ule u,ant to encourage it and at leasL my opinion is that hre h,ant to
encourage it because we do, we can get sooe things that we like in tfiat.But I don't know if you h,ant to pord that in there. I do like the density -transfer stuff but I'm not sure again, I'm not sure where that leads us.
The density transfer there, under the required standards PauI and Jo Ann.It says density. The increased density, increased t,ransfer for density
may be allowed at the sole discretion of the City...but it doesn't give in -that area, do we have to drop back to the density? The increased density
Planning
March 6,
Commission Meet i ng
f997 - Page 29
could possibly go down to 12,OOO square feet. Is that where we'd flip backto the required standards 5O4? In 5O5 you said we encourage it but therearen't any standards. But then we go back to 5O4 for residential and isthat what r^rou I d apply?
Conr ad :
soi ns to
Forget single family? See in that case, I just don't know that we're
much and I help put those standards in.
are theyfeet?
Olsen: [^,,e aren't turning developers abray as far as sing]e familydevelopments. tlhen ule first meet with them, they,II compare what they canget uith the PUD versus the straight subdivision and they 90 sLraightsubdivision.
Erhart: t^lhat
10,OOO square
Iooking for? tlhaL do they think is reasonable?
Emmi ngs: Or more clustered?
Olsen: They alL urant the single family and they r,Jant the small lots.
OLsen: As I was just telling PauI , you know 12,OOO. That's our minimumbut I don't knor,: how you can 9o much smaller but some of them like the
11,OOO and 10,OOO. I don't know because what He do is we do take out the
wetlands firsl of aII and we do take out the sloped areas so there goes
some of their net density right there. And then plus we're saying we'regoing to take parkland and trails and additional . And uhen He start takinsall of that ar^ray, their density just goes, you knouJ they're left with maybe50 lots r.,hen Lhey mighL get 52 lots going. It's comparable.
Conrad: In the PUD that you're
original intended zoning can beunils into a multi-family area?
252 :.n this draft,basically ure could
ProPosi ng ,altered so move
of the
t hose
Krauss: Conceiveably yes -
Conrad: And therefore we could get some open space.
Conrad: And you feel comfortable withthe original zoning. The 75%, that's keeps the intent of
Emmings: Then you uind up again h,ith a situation u,here they come inthey lay out a plan and over here they've got, r.rhat they urant is thesquare foot lots and they get some of those and they've got to leave
open space and they get some multi-family. They put that in for you
252 because itbasically it.
Krauss: For single family.
Conrad: I guess I'm sort of mumbling but if tre h,ant to encourage stuff,you've got to be able to hang a carrot out there. So far the carrot's notbig enough. Maybe that's okay. Maybe we shouldn't change it.
Emmi ngs: Hor.r smaII?
Krauss: Sure. I suppose if you had a large enough site and it could bedesigned, you could have some townhomes in some section of it.
and
12 , OOO
some
and
then they build the homes and they never build the multi-family because
there's no markeL for it. I think u,e've seen that in Lake Susan HiIIs,
They were supposed to,have multi-family there and ue wanted that and we
haven't seen any and the reason I assume is that there's just no market
it. [,Je never wi]1 see it.for
Krauss:
townhome
In Lake Susan Hills though, the sites are still being held for
and high density developments.
Emmings: Yeah. Until they come back and say geez, we just can't sell
them. Can He change this and I ful]y expect that to happen and that waspredicted when they were here with their 'plan. So that's another problem
with that is we don't have the range in the market out here. t^lhen people
come ouL here to buy, they come out to buy a single family home. It seems
I i ke . At least now .
Krauss: I think that's been the traditional . l.JelI, traditionally
Chanhassen's been a bedroom community but I think ae've alI seen that
change in Lhe last 5 years, I've had severaL people making inquiries
multi-family housing IateIy which surprises me because there's, since
when the tax law changed, there hasn't been much multi-family built
anywhere in the Twin Cities and there's a glut on the market in most
communities. But there are some people looking seriously at it here.
Emmings: Do you think it's because of the jobs that have opened up?people moving out to be closer to their job.
about
1985
rt's
Krauss: I think it's because lhe city's changed andit. [,Je have a lot of people who have children grown
have to leave t.own because there's no place to live.
jobs are a big part of
up here and then they
Conradr LeL me give you a hypotheticaL case. I really like densitytransfer and again it's not anything I've ever seen that would do a wholelot here. But let's say we have a 30 acre PUD uhich under today's
ordinance we get 3Iots per acre or something like that. So really theycould have 90 single family residential lots there. Let's say we wanted toput those on 45, no on 15 of the acres. So we had 30 acres to begin with.
l.Je !.Jant to keep 15 open and we're going to drop. [.le're going to transferthe density that they could have had in Lhose 15 over to the other 15. Canthis ordinance handle that situation?
Krauss: Yeah .
conrad: Again I'm just, that seems like something that you'd uant to do incertain circumstances. We're going to move just half the lots and ue'LI
double the density over here. l.,ell see I don't knou that PauI is. right
because what we did is we took 15,OOO square foot lot and we just took it
dot,n to 7,5oo based on what I just said.
Krauss: t^JelI no. The
If you 're talking aboutthe 12 ,Ooo square foot
problem is we have separate single family standards.
single family detached housing, you're stuck with
mi nimum .
Planning Commission Heeti n9
Harch 5, f997 - Page 30
Ellson: By keeping the other one open?
Planning
Harch 6,
Commission Heeti ngf99t - Page 31
Conrad: So we could only transfer a coupLe acres worth of density to the.
t^Je cou].d only open up a fer.l acres basically until we got to that 12,OOOsquare foot minimum. t^Jhatever. So basically density transfer is aninteresting idea. I don't know if we're using it to the point ulhere we can
encourage really some significant benefit. You know, if you open up aIittle bit of space, who cares? It mighL not be that big a deal where ifyou open up 15 acres for some particular reason, it may be a big deal,I guess what I'm saying is, I've never seen our ordinance able to really
encourage creativity because we havge some restrictions because we, the
communiiy are saying hey, we value single family so much out here we wantbig lots. That's why I moved here, and we're not going to sluff thatstandard. So I bring that up. I don't have a solution to that but densitytransfer I always 'thought was a neat thing to do if we ever figure ouL howto do it. Some of the ratios PauI , in your hard surface coverage. Boy,I guess, and I don't know if Lhey're right or wrong and maybe you robbed
them from some other place but the one thins that's kind of neat thatI always feel I have control over, even in bad situations. Even le!'s sayin industrial,/commercial uses, I think some of the neat things abouL ourindustrial park is that it does have green space. It does, we're set apart
because it's not waII to wall, concrete to concrete, asphalt to asphaltstuff. I attribute that to one, good planning and some sort of plan. But
tr.ro, our requirement for impervious surface ratios that kind of gives some
berms out there. Kind of gives some trees. So when I see them, the hardsurface, I'm not sure how much that's changed and maybe it haen't changedat al]. I'm just sort of talking here but that adds to the character of
our industrial parks. The greenery in it and as much as I'd like to
consolidate those parks, I still like the green. I still think we can make
them as pretty as what u,e've got bu! I'm not sure I like sacrificing someof that and so, I sure could be persuaded. You know my intent or where I'm
coming from. I think those are the bulk of my comments on that.
Emmings: Ladd, can you think of any time we've had a PUD here where it'sreally given us something? t^lhere it's really worked the way we'd Like to
see it work? I can't.
Conrad: I'm having a tough
things but as I said. I've
Emmi ngs: IL's a funny
r.,ay to develop any big
commercial development
done under here but ifthink ure get to have a
time.
never
There
seen a
are PUD's where we're getting somereal creative PUD.
Emmi ngs: I haven't either.
Conrad: And you know, the smaller the property, the less creative you can
be. But I don't think ue're really encouraging them either here with what
we give. I don't Iook at it as a total.ly uhat do we get out of this PUD.
I think it's Chanhassen Hants this, developer u,ants this and the developer
can sa\/e him some money by clustering utilities and things over here and
Chanhassen can add to it's quality of life by doing some other things. So
it's a give and take but geez, I get real frustrated by what they're giving
and that's simply because I don't have a clue what ue get now in some of
these negotiations. I just don't know and maybe I never r.lill.
thing because it seems to me like a PUD is an idealpiece of land. Any big housing development. Any
or industrial developmenL. I'd like to see it allthat's right. The reason I like .it is because I
hand in the planning or the design so that we do get
Planning
March 6,
Commission Meet i ng
L991 - Page 32
Krauss: I do think the Marke! Square is probably the best examPle, the
closest example of where that could work. If that was develoPed under the
CBD zoning, anything would have gone on that ProPerty. I mean there were
no setbacks anyplace. You have the l per 40 requirement for trees.
There's no coordination of access. There's no architectural standard that
you realIy adhere to. On Harket Square ue felt very comfortable Pushingvery hard for better than normal design. Remember we had the whole
arsument about the roof Iines and they came back and said it's costly and
you were saying, well that's part of the trade off. And we required very
Iarge trees and a Iarge number of them, particularly in the back property
line and through the parking Io!. We developed archiLecturaL standards for
the two outlots. So we don't know what's going to go on there but rae know
that it's got to be consistent with.
Emmings: HeII why in thaL case didn't they just say, the heck wiLh you,
r,re'I I just der.,eIop it with it CBD zoning?
OIsen: The imperviouswanted. Par kin9.
coverage and there uJere some things that they
Emmings: Okay. So they couldn't go CBD there? Just come in Hith
something that fit.
Krauss: Not and have the same project, no.
Emmings: Because h,hat you said just makes it sound like
our standards that we require for deveLopment in the CBD
seem to me that anything that goes into the CBD ought to
Maybe.
ue've got holes inreally. It would
be done as a PUo.
Krauss: t,lell the CBD is sort of a f rightening district. Not^, it's not
unlike a lot of communities that have a real old downtourn where there was
no standard and it's tough to begin a standard in that kind of a conLext,But I feel very comfortable that we did a lot beLter with the PUD over
there than we uould have done otherwise. And Ne got coordination thaL we
wouldn't have had. I mean ue have internal access roads. tle had them
build turn lanes. They're moving bus shelters. There's a lot of stuffthat goes in there and it's tough to keep, for an accounting of this stuff -I mean there's not a balance sheet that says we gave this. They gave this
because iL's an ongoing process. I mean uJe get something out of Lhem.
They get something out of us. In the meetings before it comes tothe Planning Commission, the Planning Commission you ulent through thaLproject 3 times that I was familiar with.. Each time there were more
criteria. The CiLy Council did the same thing.
Conrad: But you know a }ot more than we do PauI . You've done that-
You've gone through it and you knou when we see it on a one shot deal, we
don't know whaL's been negotiated really. t,le're really in the dark.
some things we like. tlhether it's open sPace or extra landscaping or
whatever, buL it's never happened. So something is screwed uP and I don't
know, do you have any idea Paul why it's never. I don't think it's ever
worked here. Lake Susan Hills, we have PUD'S but it's iust another
subdi vision reaIIy
PIanni ng
Harch 6,
Commission Meeti ng
f99t - Page 33
Krauss: t^le]l one interesting thing, with Market Square too that I thinkpoints out why one aspect of why a PUO is a good thing to have. You're aIIauare lhat from time to time over the last 2 years it seemed like Mar ket
Square was going to wither and 'die and 90 away. It no!,r seems as thoughit's really going to happen but I've had from time to time interest insplitting up the properties and being just able to develop, parcel thinssoff and people have come in and said, I've got every right to do this. Oryou know, it's owned by 3 individuals right now. Burdick ou,ns part,
Bloomberg owns part. Burdick wiII just take his piece and develop itindependently. I'm sitting here saying you can't do that. The whole thingis zoned PUD. The only thing that could.go on it is Harket Square andanything else that you r.iant to do is going to have to go for a rezoning andwe're not going to recommend approval of a rezoning unless there's a
comprehensive plan that we find acceptabie. So we haven't gotten HarkeE
Square- in lhe ground yet but t"te haven't gotten piecemeal stuff that's aproblem.
Emmi ngs: I
even have a
thought you had to have unity of ownership before you could
PUD .
Emmings: Oh, okay. So there is a partnership betureen those three onproperty? Okay, tlell this could 90 on for a long time and we've got
shorten it up somehow. Annette, have you got anything?
t hat
to
EIIson: tlell I like the idea of gelting it a Iittle stronger and I wasthinkins the same as you Steve. It always seems like t,e're j.n such areactive mode and I think I say it like every meeLing but I really think if
we want to ask something and b,e think PUD's the ansr,rer, then let's go out
with our ideas and talk to people and help because by the time a developer
likes this piece of land, he's already got it in his head and then we'regoing in and trying to do uhatever. tJe're so reactive. That's one of the
reasons I feel we don't always see ourselves getting involved becausethey've got it all laid out. They had that 1OO homes in there or whatever
and if we could say, offer people. You know we're taking a look at density
swapping. Are you interested because we'd Iike to keep this grove of oak
trees. Here's a couple ideas any developer, Iet's talk. I don't know. I'mthinking in terms of somethins like that but I agree that this is like the
most benef icial zoning t"le can have. ].le really could come out with stuf fthat ue reall.y NanL and preserve everything that our goal.s do if we work
Nith this the right way. I also agree with everybody else saying that sofar nothing too swell has come out of it yet but the potential is there.
So I just think we have to go out and do some of that ourselves and offerthe opportunity to people and the kinds of things that we i.Jant to mainLain
and what we're willing to suap for. And you make the good point. Do we
have enough of a carrot to say, throu it all on 7 L/2...allowed to do thaLbut we could have such potential It just seems Iike you t.lant to take
advanlage of it but I like what you've done. It's very difficult to finetune it though. I tried to hel.p but I don't know exactLy where. So thoseare my comments, as inept as they might be.
Emmings: Should we vote on hox inept they are? Brian?
Krauss: That's fine. Then the partnership agreement does say they would
do that.
Batzli: Paul r.,as right about one thing and that was that there was a lot
in here and I think, as I sift through it, I still I don't think have quite
figured out !.rhat we're really trying to do with this even yet. I guess, I -Iike parts of it and parts of it I don't understand why it's in here. Idon't knour where PauI got some of these. things from, even in the intent
section so I think we need to have a lot more discussion on this and what
it is we're trying to do. I think it was raised by several commissioners
and that is, r.re seem to urant this but we don't know why we're not gett j.ng
anything with our current ordinance. And if our current ordinance is
vasue, by beefins up the intent and demanding more, I don't think we'11 geL-
more in. So I guess I don't understand what we're hoping to achieve by
toughening an ordinance when we're not getting any PUD applications in here
now with a weak ordinance. That's a philosophical , rhetorical question. I-
don't know.
Krauss: Sur e .
OIsen: Most definitely.
Batzli: Do you think we should 9o in and rezone areas that ure want PUD PUOright now urith the new ordinance in effect and to basically demand thatthey be developed PUD?
Krauss: t^,elt that's an option Commissionlr Batzli. In fect, I don't ]iketo keep referring back to Minnetonka but when we developed the 394
ordinance which is a corridor ordinance, we rezoned everything to PUD up
there and then developed corridor standards that applied in those PUD's.
Conrad: That really makes a lot of sense.
Planning Commission Heeti n9
Harch 6, f99f - Page 34
Farmakes: You made the comment that for financial reasons or market
reasons that you're not getting a lot of applications for this?
Farmakes: Do you believe tha! that's going to change or do you think that -it's just- Chanhassen .in general? I mean if the ordinance is weak, you say
there are some people who are inquiring about this?
Krauss: The only thing that u,e're not getting right now is we're noLgetting applications for residentiaL, single family residential PUD's. And
from my standpoint, that's fine because they cause us more trouble thanit's worth. Where I think you're going to be seeing this more and more is -mixed use residential , commercial and industrial.. tle've reached the stagein our gror,rth where I guess for lack of a better word, we've hit the big
time and the kinds of development ule're going to be getting out here overthe next 10 years require more sophisticated approach that a PUD can offer.
T.he industrial park. chanhassen IndustriaL Park should have been a.PUD.I'm firmly convinced that as good as it is, we could have done better hadthat ordinance existed at that point in time. Now we have tracts of land
souLh of the railway tracks. You knou, assuming the MUSA line gets
approved. [,,1e've got a 90 acre chunk south of there. We've got 160 acre
chunk on TH 5. Ne've got some commercial development around new TH 1O1 . I-
mean there are lots of sites where this is going to come into play. And Ithink you reall.y need to change gears for a moment and project forward asto where this is going to be used in the next decade because I think ourpast experience of, in this isn't really going to be very relevant
PIanni n9
Harch 5,
Commission Heeti n9
1991 - Page 35
Batzli: That would be the only thing that hrould make sense to me becauseotherwise you're going to, I Lhink get exactly what uJe've had in Lhe past
and that's somebody's going to come in. They're going to loot at our pUD
and then they're going to say, weII I don't want to give you that much.I'm just going to develop it to your lower standards that you've got inyour IOP district standards or your BF or your CBD. tthatever else you'vegot- I don't see that they'Il use this unless we rezone it.
Erhart: Aren't you missing though, you don't get anything because they,renot big enough? A PUD h,orks when you have a large piece of land undersingle ownership. t^lhether you zone an area PUD or not that's not undersingle ownershi.p, you're not going to get anything. The key to getting
something is a large parcel of land under single ownership. Isn't Lhatreally the crux of it?
Krauss: That's a lot of it. That's the easiest, that's the best place toget the mbst bang for the buck. But those are the same tracts of land.
Those are the tracts of land that we have out there. tJe do have massiveownership. I mean the urhole TH 5 frontage is probably in 15 property
owners hands. And they've aLready formed a development consortions.
El Ison: Yeah , I
these things.
was going to say. Those people h,ere aII signing off on
Erhart: And we if can get them to do a PUD and collectively Nork togeLher,it r^: i I I be great . tlhat is a real thing here , if ure want to get some neatstuff done here, is to focus on encouraging massive developments where you
can go in and look at iL from a broad point of view. I'm not sure u,e can,this is soing to do that much.
Conrad: Let's say we zoned the entire TH 5 corridor PUD. Does that
encourage the current owners to consolidate obrnership?
Krauss:
I at i tu de
Emm i ngs :
r^rher e uJe
Conrad:
PUD and
there.
Not
to
necessarily. tlhat it does do though is give you more designrequire whaL you think is appropriate.
NoH ure just went through a process for the Comprehensive PIanfussed around specifically laying out zoning.
tJe could have gotten out of aII of that Stevetelling the residenls that we didn't knohl what
by just zoni ng
was going to 90
ir
in
Balzli: But you can do PUD and it would just have to be devel.opedunderlying in accordance u,ith the comprehenisve plan.
Krauss: t^lhich is land use. And in fact, one of the things that the CityCouncil did that I informed you about was uhen they talked about the 137acres in front of Timberwood. The City Council approved Language thatbasically Ieft that residential but stated condiLions under uhich non-residential may be considered. One of the requirements was that it bedeveloped as a coordinated PUD. You knou, along with the design standards.In fact that brings to mind one thing too, John Shardlow in all his
ElIson: That's not a bad idea -at all.
Planni n.3
March 6,
Commission Meet i ng
1997 - Page 35
Batz]i: For the r.rhole
Krauss: No . For their
Batzli: tJell they haddidn't they?
Krauss: tlel l yeah.
Batzli: tlell it was a
Krauss: Yeah.
Emmi ngs : Jef f , di.d you
corridor?
160 acres.
some sort of plan already that they tried to show us
plan.
get a chance to finish?
Farma kes :No, I have no further comments-
Hoh, about you Steve?
I think it's a good thing.
Ellson:
Emmings: I guess everybody's, I don't have anything to add really, Ithink it's important to do. I don't know how Ne get from where h,e a,re togetting a better ordinance that wiII get something done. And the onlyspecific thing, while somebody was talking here about open space, I don't
knor^r if any of our ordinances or anything we have ever mentions open space
as something. You knohr we talk about trees and other things but the PUD
ordinance doesn't menLion open space and I think maybe somehow ure oughL tospecifically reference it. That that's something that we would consider anasset. Preserving open space is something.
Batz]i: That brings a smile to my heart you guys talking about open spaces
in a positive r^,ay. I like that.
Emmi ngs: Very Zen. We're
the tra i l?inlo Zen. But how can we get any further down
Emminss: The other thing too I think, under the intent secLion, al] the
things that are listed there are specific and somehow to me there ought to -be some kind of a general statement of intent. A general statement that
we'd Iike to encourage this kind of development. That we exPect somehout to
presentations. Remember John Shardlow wasn't only a Planning consu)tant,
he's a member of a consortion that owns that 160 acres out Lhere. He's
already stated a couple of times that it's their intent to come in with an -
overall development plan. A PUD develoPment PIan,
Conrad: The one thing I'd like Paul to say, I'd Like PauI to teI.I us somethings about, to do some criLicisms of some of our standards. The 12,OOO.
He basically left some things in place not wanting to really attack them
but just sort of an analysis to say, hey do we have enough flexibility?
Density transfer's a neat word but is it really going to be useful? Or do
we have to change something. And maybe there's some other things. Lotsizes. Is the 252 that he's now putting in to a particul.ar PUD urhere we
can change it from the original intent, is that enough? I guess I-'m just
curious, I'd ]ike him to come back or staff to come back with somerationale for changing certain of our guidelines. SLandards.
Planning
Harch 6,
Commission Meet i n9
799! - Page 37
get something and we expect to give something. Maybe it would be a goodidea, I wonder if it would be a good idea to have somebody like Johnshardloru or other developers who you know, or have worked uith in the past,
come i n and tel I us what they r.,,ant !o get f rom us in order to give us someof the things that we're interested in betting. Do you think that thatwould be usefu I ?
Krauss: I think that kind of dialogue might helc. Somebody like BobLJorthington possibly might be willing to do thaL. John Shardlow might too .
Emmings: tlell maybe you ought to get 2 or 3.specific thing in mind uhen he talks to us andvalue to some extent or you've got to be awareget somebody urho's more neutral .
Shardlow 's obviously got athat detracts from it'sof it. But maybe if you can
Batzli: I'd
sLandpoi nL .
Iike to see like the guy from Lundgren, from an RSF
Emmings: Yeah. Those guys knor.r what they're doing. They seemknowledgeable. I don't know if they ever developed pUD's but.would hel.p us get us to figure out what's going on.
to be
Ha ybe
ver y
that
EIlson: Yeah, because tre don't knou what incentive items at this point.
Conrad: And then maybe PauI can also tell
The options of going back and zoning. PUD'sor we shouldn't do it or should.
us some thi nssright now. If about zoni n9.that makes sense
Erhart: You know hou you can get open space in reaidential area? you
increase your minimum ]ot size and then you offer the 12,OOO foot.,. Ithink we've aII agreed that 12,OOO is getting pretty close to the absoluteminimum. If you really want open space, you increase your average lot sizeor your minimum standard Iot size in the subdivision to a bigger numberli ke 20,OOO square feet.
Emmings: Then you've got aII open space beth,een houses.
Erhart: Because when you do that, then the developer's going to come inand say, gee whiz. Alright now I've got some incentive to 9o to PUD
because I can save. I can 9o from 20,OOO square feet to 12,OOO square feet
and I'm giving you up that density in terms of open space. But the problem
is, we've got our standard lot nor^r so small that the spread between the
12,5OO and 15,OOO isn't adequate to incentivize a developer to come in anddevelop open spaces.
Batzli: I would agree. But I think that's the problem in eachdistricts. If you looked at it district by district, you couldand say, this is why they don't use PUD more.
ErharL: I don't know if
15,OOO.
one of ourgo throush
anybody's ready to increase our lot size from
Batzli: I would be.
PIanning
March 6,
Commission Meeting
1997 - Page 38
Krauss: If the focus is on the single family and I guess I wouLd havepreferred to stay away from that but I think yau can actually 9o with a
smaller lot size in residential PUD's as long as there's a commensurate
requirement that architectural design is knoun ahead of time and approved
and designed to match. The problems we've had is we let somebody build on
a smaller lot and they put the same, if not a larger house than they were
going to do before. Didn't teII the property owner anything and put this
big patio door over looking the backyard that really is iIIegaI to use
because if you build a deck out there, it's in the neighbor's lot. Those
things can be, I mean they're design problems. You can go with much
tighter lots. You can almost go doun to the zero }ot ]ine situation as
long as you lay out Lhe design parameters ahead of time. They're filed
against the propert),. The owner, the purchaser of the Iot understands
them. The developer is obligated Lo build to that standard and you knou
Nhat you're getting ahead of time. It just doesn't uork when you give
somebody carte blanche to do whatever they urant to do after the lots are
created and that's the problem we've had.
Conrad: Ycu know why we focus on residential paul is because usually when
we look at commercial or industrial , it is one building going in on oneparcel. It's not urhere you have 20 acres and somebody's coming in to, wedon't see that much of that.
EIIson: That's why he's saying, this is a potential in the future.
because - r.reconrad: Paul , he's going to have to educate usreally don't see much of it and we don't know.
in that area
Krauss: one other example you might t,ant, if you're tooling past there. Ifyou uJant to see a monolithic one building PUD that I think worked real urell -is look at the Fingerhut headquarters on 494 and Baker Road. t"le did that
as a PUD because it encroaches into a single family neighborhood and we
wanted to be able to give assurances to the neighbors Lhat what we saw is
what we got. tje bought a package and we uranted to keep it that way and we
h,anted to incorporate high levels of design and a lot of site buffering and
we u,anted to make sure thaL that was permanently required. That somebody 5-years from now couldn't cut down aII the trees just because they felt ]ikeit, which Lhey could do under normal zoning. So that uas done as a PUD andI think if you look at that, you'll see how it's designed to set into thereoith rolling land and wetlands and ponds and trees
Batzli: But the issue I think we're hav.ing problems wiLh, how did you
force them to go PUD rather than develop it some other way? Did they
request a zoning change?
Krauss: t"Je couldn't sell it to the neighborhood unless we did it that way.
Emmings: tJhat u,as it zoned?
Krauss: There was an office zoning for the older part of the building and
they owned some lots south of there that still had residential zoning onthem. Even though they were guided for office use in the plan that we had
because we kneu that Fingerhut bought it and had sat on it for a number ofyears. But Ne told them that there h,as no uJay we could r.lor k it through the
neighborhood in good conscience unless they uent PUO.
PIa nn i ng
March 6,
Commission Heet i n9
L997 - Page 39
The residential looking buildins by the h,ater tob,er, Has thatof the PUD?
No. That's owned by Bob Naegele,
tjhat's in that buildins?
Yeah, what does he do there?
It was supposed to be his restau.rant empire which he has since
Emmings: Is it just offices in there?
Farmakes:
also part
Kr auss :
Emmi ngs :
Conrad:
Krauss:
sold off.
Kr auss :
into the
It's offices and heside that faces the
fought us. He uanted to build a billboard
interchange.
Emmings: Okay, we've got to close this off. [.le're 9oin9 to be hereforever unless somebody's got some burning issue but I think, unless
somebody's got another idea, Iet's get some people talking to us about whatthis means to them and you can address some of the things that Ladd broughtup because I think they're important. l.lhatever they were.
Conrad: I can't remember them myself.
Emmi ngs :Okay.
OF HINUTES:APPROVAL Chairman Emmings so noted the Minutes of the Planning
Commission dated Februayy 6, 1991 as presented.
CITY COUNCIL UPDATE:
Emmings: Let's assume that everybody's read it. Does anybody have anyquestions for PauI?
Ellson: I have a question on that Teton Lene thing. Just a quickquestion. I didn'L understand it. I can't remember. I remember I wantedthat road to go through. I can't remember how it acLually got. They don't
have to build it through and nou the guy wants to subdivide? I rememberthis but I don't remember what City Council ended up passing on that.You're Iooking at upgradins that but was it a condition for them?
Krauss: It Has conditioned for the developer to acquire easements so that
we could deed the road to us buL that it be barricaded so nobody could everuse it because the property ourners, HeIl the property olrners along side
Teton swore that they'd never develop their property and that they didn't
need it and they didn't want the traffic to go Lhrough there. So the
CounciL approved barricading of Teton even though i! is a public streetnouJ. Nour since that time Donoven split off the corner in a one acre ]ot
and he's now talking to a developer about platting out another 10 acres ofit and he owns more land in there. There's another Iot that's for sale andother lots have development potential. The Council was put in a toughposition on that one. I mean here they basically believed people that saidthey would never develop property and now, a year and a half later, it'sbeing developed.
CITY OF
CH[NH[SEEN
690 COULTER DRIVE ' P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937.5739
MEMORANDt,}{
TO:
FROM:
DATE:
SUBJ:
BACKGROUND
Planning Cornroission
PauI Krauss, Planning Director
February 28, l99l
Proposed Revisions to Article
Devel opnent District VIII,Planned Unit
on severaL occasions in the past, staff has expressed sone concernswith the present PUD ordinance. We believe that the ordinancegives a trenendous anount of flexibility to a developer withoutclarifying what his or her obligations are relative to specificstandards which nay be appropriate. The pUD ordinance ii oftenviewed as a district hrhereby most nonnal development standards arenot applied in exchange for a higher quality deveLopment. This istrue in part, however, sone standards need to be rnaintained if thecity is to be assured that the pUD lIiII not inpact surroundingproperties or the environment. Additionally, it should clearlfstate what the Cityrs expectations are.
The PUD ordinance was redrafted several years ago to provirleextensive detail on its application for single fanily devel-oprnent.This was done in light of the numerous problens thaa haCt ociurredwith the single fanily PUDrs, that becane evident, over tine.Hohrever, the other sections of the ordinance lrere not siroilarlyupdated.
Staff believes that the PUD District has a great deal of utilityfor the city. In exchange for the enhanced flexibility it providela developer, the city should be able to exercise inpioved controlover project quality and phasing. of equally great inportance isthe fact that the PUD District results in there being a contractbet$reen a developer and the city describing what is allowed on thesite. That plan, in essence, becomes the zoning of the site andanytlring. deviating froro that zoning requires thit a new rezoningapplication be approved. Cities have nuch more control over theiirezoning process then they do over site plan approval on pre-zonedsites. Thus, the PUD ordinance al1ows the city to have greaterassurances that a particular site will be developed in an
acceptable nanner. These aFsurances rrould not be avairable if thesite was zoned R1G or some other district for " giv"n pi".i "Jt anathat project $/as not proceeded with. The city w5ura d-i6ii r+itrra prezoned parcel on which rre uoul,d be obtigatea to a-cept anyproject that meets ninimal standards. As a reiult, staff beiievesthe PUD has a great deat of utirity on sensitiv" iit". -it iougnoutthe cornmunity.
PUD ordinance
February 28, 7991
Page 2
ISS ES RE ING CODE
Section 20-501. Intent.
Planned unit developments are ta provide for an encourage creative site planning and
subdivisions of high quality through the use of:
(1) variety. within a comprehensive site design concept a mixture of land uses, housing
types, and densities.
(2) sensitivity. Ttrrough the departure from the strict application of required setbacks,
yard areas, lot sizes, and other minimum requirements, and performance standards
associated with traditional zoning, planned unit developments can maximize the
development potential of land while remaining sensitive to its unique and valuable
natural characteristics.
(3) Efficiency. The more eflicient use of land and public services, consolidation of areas
for recreation, reductions in street lengths and other utility related expenses.
(4) Density. An increase/transfer for density may be allowed at the sole discretion of the
city utilizing the following factors:
a. The area where the density is transferred must be within the project area and
owned by the proponent.
b. Density transfer in single family detached area will be evaluated using the it€ms
listed in section 20-504, subse.ction (b). Density transfer eligible for multiple
family areas are not permitted to be applied to single-family areas.
c. Density transfer for other projects other than single-family detached develop_
ment shall be evaluated based on the standards in section 20-504, subsection (c).
d. In no case shall the overall density of the development exceed the gross density
ranges identified in the comprehensive plan.
(5) District integration. The combination of uses which are allowed in separate zoning
districts, such as:
a. Mixed residential allowing both densities and unit tJp€s to be varied within the
project.
b. Mixed residential with increased density acknowledging the greater sensitivity
of PUD projects.
c. Mixed land uses with the integration of compatible rand uses within the project.
(6) Parks and open space- The creation of public open space may be required by the city.
Such park and open space shall be consistent with the comprehensive plan and
overs.ll trail plan.
(Ord. No. 80, Art. V, $ 18(5-18-1), 12-15€6)
PUD Ordinance
February 28, ]-99l
Page 3
COl.tl.{ENT: We believe that the intent section is good althoughit could probabty be expanded upon. For exanple, there couldbe improved enphasis on use of a PUD to preserve sensitiveenvironmental features, thus, it could become sonething thecity would expect in exchange for the PUD designation. '
There seems to be accepted wisdoro around the city that adevelopnent has to earn PUD zoning, that a developer has togive you better than nornal quality to achieve a pUD. Thisexpectation uay be warranted in exchange for the flexibilitya PUD grants, however, this expectation is not specificallydetailed in the intent section.
The intent section does not provide any information on whereit would be acceptable to develop a pUD. It is theoreticallypossible for a single farnily home to request pUD designation.
PUDrs of extraordinarily snall size or pUDrs that are locatedinappropriately have a potential for iupacti.ng adjoiningproperties in an unacceptable manner. It would be wise toconsider defining where a PUD designation nay be accep.table tothe city.
section 20-501. Intent.
PLanned unit developnents are to encourage the following:
(1) Variety. Itithin a coroprehensive site design concept a nixtureof Land uses, housing types and densities.
(2) Sensitivity. Through the departure fron the strictapplication of nomal. district standards, planned unitdevelopnents can naxitnize the developnent potential of landwhile remaining sensitive to its unique and valuabl.e naturalcharacteristics .
(3) Efficiency. The Dore efficient use of land and publicservices, consolidation of areas for recreation, reducti;ns instreet lengths and other utllity related expenses.
PROPOSED SECTTON
(4)Flexibility in land development and redevelopnent in order toutilize net technigues or buitding design, -constructlon andland developnent.
Provision of housing affordable to aII income groups.
Energy conservation through the use of nore efficient buildinqdesigns and sightings and the clusterlng of buildings ana linduses .
(s)
(6)
PUD Ordinance
February 28, !991
Page 4
(7)
(8)
(e)
(10)
Preservation of desirable site .characteristics and open spaceand protection of sensitive environmental features, i""fuhingsteep slopes, poor soils and trees.
More efficient and effective use of land, open space andpublic facilities throug-h Dlxing of tand ures anld a==6nUfy inadevelopDent of land in larger percels.
High quatity of design and design conpatible with surroundingland uses, including both existing ana planned.
sensitive developrnent in transitional areas located betweendifferent land uses and along significant corridors ,itiri" it"city.
Developnent which is consistent with the conprehensive p1an.
District integration. The conbination of uses which areallowed in separate zoning districts, such as:
a. Mixed residential .allowing both densities and unit typesto be varied within the project.
b. Mixed residential rrith increased density acknowledgingthe greater sensitivity of pUD projects.
c. Mixed land uses with the integration of conpatible landuses with the project.
Parks and open space... The creation of public open space maybe required by the city. Such park and open space lfratt Uiconsistent rrith the conprehensive plan and 6verail trail pian.
( 11)
(t2)
(13)
A PUD may include only those uses consist€nt with the general land use category for the
area on the offrcial comprehensive plan. Specific uses and performance standards for each
PUD shall be delineatcd in a development plan.
(Ord. No. 80, Art. V, 0 18(5-18-2), 12-15-86)
section 2O-5O2. Al1owed uses.
PUD ordinance
February 28, L99l
Page 5
CO!,TI+IENT :It is good to see that the PUD ordinance requires
consistency with the general land use category of the official
comprehensive plan. As the Planning Conmission is aware,staff is in the process of having this written into the entire
Zoningr ordinance where it would apply unifornly to everydistrict. Horrever, you nay nish to consider allowing for anix of uses uithin a PUD to give enhanced flexibility. For
example, i.n an area designated for industrial office uses, you
nay wish to consider a uix of those uses with a snall
percentage of conmercial retail or residential, if
appropriate.
PROPOSED ORDTNANCE
section 2o-5o2. AIlowed uses.
Specific uses and perfornance standards for each PUD shall be
delineated in a developnent p1an.
(a) Each PUD sha11 only be used for the use or uses for which
the site is designated in the conprehensive plan, exceptthat the city nay pernit up to 25 percent of the grossfloor area of all buildings in a PUD to be used for Landuses for which the site is not designated in the
co:nprehensive plan if the city council finds that suchuse is in the best interests of the city and isconsistent with the requirenents of this section.Specific uses and perforroance standards for each PUD
sha1l be delineated in a PUD developnent plan.
(b) t{here the site of a proposed PUD is designated for more
than one land use in the conprehensive plan, city nayrequire that the PUD include aII the land uses so
designated or such conbination of the designated uses asthe city council shal1 deen appropriate to achieve the
purposes of this ordinance and the conprehensive pIan.
PUD Ordinance
February 28, ]-99]-
Page 6
Subdivision review under chapter l8 shall be carrred out srmultaneously wrth the review
ofa PUD. The plans required under this chapter shall be submitted in addition to or in a form
which will satisfy the requirements of chapter 18 for the preliminary and final plat.
(Ord. No. 80, Art. V, $ 18(5-18-4), 12.15-86)
PROPOSED ORDINANCE
Section 20-503. District size and location. (new section)
(a) Each PUD sha1l have a ninimum area of five net acres,the applicant can demonstrate the existence of one
Col.luEtff : It is good to see that coordination of subdivisionregulations are required, however, there is no comparablecoordination with lretland, flood p1ain, shoreland, sile planor other ordinances or even coordination rrith such standardsas parking standards which should apply to pUD uses as we11.
unl essof thefollowing:
1) Unusual physical features of the property itself or ofthe surrounding neighborhood such that developnent as aPUD rrill conserve a physical or topographic ieature ofimportance to the neighborhooa or ctnnunity.
2)
3)
fhe property is directly adjacent to or across a right-of-way from property uhich has been developed previorislyas a PUD or planned unit residential developnent and will
be perceived as and will function as an extension of thatpreviously approved development.
The property is located in a transitional area betweendifferent Land use categories or on an internediate orprincipal arterial as defined in the conprehensive pIan.
Section 20-503. Coordination wj.th Subdivision Regulations.
PUD Ordinance
February 28, l99l
Page 7
Section 2O-5O4. Reguired standards.
(a) The city shall consider the proposed puD from the point of view of all standards andpurposes ofthe comprehensive rand use pran to coordinate between the proposed development
and the s'rrounding use. The city shall consider the location of bu,dings, compatib,ity,parking areas and other features with respect to the topography of the area ani existiignatural features; the efficiency, adequacy and safety of the proposed layout of streets; theadequacy and location of green areas; the adequacy, location and screening of noncompatible
land uses and parking areas.
G) In developments where single-family detached areas are proposed, the following stand-ards shall apply:
(l) The average lot size may be reduced below frfteen tho.'sand 05,000) square feet if, inthe opinion ofcity stalI, commission and council, the ptan includes feaiures desirableto the city. A maximum reduction of up to t€n (l0) pglgsng below fifteen thousand(15'000) square feet may be ganted ifthe proposal contains items in the list below orproposes other features which are arso above and beyond standard development
requirements. In no case, however, shall the average rot size fall below thirteen
thousand five hun&ed Og,S00) square feet or the minimum lot size fall below twelve
thousand (12,000) square feet.
a. Housing variety including differentiation in housing t,,pes, housing exteriors
and floor plans.
b. Preservation of natural site features, wetlanrls, lowlands, wooded areas, eta., not
protected by the state department of natural reaources or city ordinances. .wet-
lands already protcctcd by the department of natural resources or article VI of
this chapt€r will not be coneidered for density transfer.
PROPOSED ORDTNANCE
section 2o-504. Coordination uith other zoning regulations.
a) Subdivision reviel, under Chapter 18 shall be carried outsinultaneously with the review of a pUD. The plans requireaunder this chapter shall be subnitted in addition to oi in aform which will satisfy the requirenents of Chapter 18 for theprelininary and final pIat.
b) Site plan review under Article II, Division 6 of this codeshaIl be carried out for each non-single fanily or duplexprincipal structure, that is proposed.
c) PUD plans sha1l be coordinated with and in conpliance t ithprovisions of Article v, Flood plain overray oistr-ict; ArticLevI , wetland protection, and Article VfI , Shoreland OverlayDistrict.
PUD Ordinance
February 28, L99l
Page 8
c. Creation of park/public areas for active and passive park use or other public
pr:rposes such as schools, public buildings, etc., which meet the intent of the park
and recreation chapter of the comprehensive plan.
d. Installation of public improvements designed to serve areas beyond the project
boundary.
e. Installation of off-street pedestrian ways.
f' A reasonable number of available lots are designed for solar/enerry conservation
housing.
g. Landscaping plan showing additional boulevard trees, rear yard treatments,
bulfering from existing developments, etr., beyond required standards.
h. Preservation of historically significant si,,.)s.
i. Other features deemed appropriate by the city council.
(2) The minimum single-family detached lot width is eighty (80) feet at the building
setback line.
(3) One-half of the single-family lots must contain at least fifteen thousand (15,000)
square feet.
(4) In calculation of the average lot size, each lot size in excess of twenty thousand
(20,000) square feet shall be calculated to contain only twenty thousand (20,000)
square feet.
(5) Lot sizes adjacent to existing developments shall approximate in lot size and lot
width.
(c) In development where uses other than single.family detached structures are proposed,
the city may consider a density transfer upon proof by the applicant that some ofthe following
features are being provided:
(1) Preservation of natural sit€ features, wetlands, lowlands, wooded areas, etc., not
protected by the state department of natural resources or city ordinances.
(2) Creation of parlJpublic areas for rictive park use or other public purpose such as
schools, public buildings, etc., which meet the inteut of the park and recreation
chapter of the comprehensive plan.
(3) Installation of public inprcvement designed to serve areas beyond the pmject boundary.
(4) Installation of off.street pedestriatr ways.
(5) Structure design conducive to solar energy features.
(6) Landscaping plan showing additional boulevaqfl trees, rear yard treatments, bufrer-
ing from existing developmeats, etc., beyond required stsndards.
(d) Ia arry PUD, ao elear cutting of woodland areas shall be permittcd. Shade trees of six
(6) inches or more caliper Ehall be saved ''t'less it can be demoastrated that there is no other
feasible way to develop tle sitc. the couacil may require replacement of any removed trees on
a caliper inch per caliper inch baeis. At least one (1) tree per lot shall be incorporated into the
plan, such tree shall be a minimum of two (2) caliper inches. Coniferous trees shall be a
.'inirnnrn sf gir (6) feet in height. This is not to preclude the rcmoval of disessed or alead trees.
PUD Ordinance
February 28, L99!
Page 9
PROPOSED ORDINANCE
Section 2O-5O5. Required standards.
a) The city sha1l consider the proposed PUD fron the point ofview of al,I standards and purposes of the cornprehensive landuse plan to coordinate between the proposed developnrent thesurrounding use. The city shal1 consider the location ofbuildings, conpatibility, parking areas and other featureswith response to the topography of the area and existingnatural features, the efficiency, adequacy and safety of theproposed layout of streetsi the adequacy and location of greenareasi the adequacy, location and screening of non-conpatibleland uses and parking areas.
b)
couuENT: The standards developed for the single farnitydistrict are quite good and were developed recently to respondto problens the that arose with residential pUD's. ThePlanning Connission nay lrish to consider similar standards orzero lot line developnent. Zero lot line develop:nent isessentially owner/occupied single family housing that isdetached on at least one side but which has a zero or nearlyzero foot setback along one bui,J,ding wa1I. This style ofhousing has becone quite attractive of late since it cornbinessome of the benefits of townhone ownership with those ofsingle fanily olrnership. Ilowever, fror ny . experience inMinnetonka, there needs to be specific ordinance standards todeal qrith the unique design problerns of this type ofdeveJ.opment. We have not proposed specific zero 1ot linestandards at this point but sre uould be happy to do so if youdesire.
An increase/transfer for density may be allowed at
discretion of the city utilizing the followingc)Dens ity.the sole
factors :
The area where the density is transferred nust be within
the project area and owned by the proponent -
Density transfer in single fanity detached area will be
evaluaLed using the itens llsted in section 20-506,
subsection (b). Density transfer eligible for rnultiple
fanily areas are not pernitted to be applied to single
fanily areas.
2)
The applicant shall demonstrate that the pUD plan offers thecity high guality architectural and site design, landscaping,protection of rretlands, creeks and urature trees and bufferingfor adjoining properties that represent improvements overnormal ordinance standards.
1)
PUD Ordinance
February 28, 1991
Page 10
d)
e)
comnercial
industrial
fndividuat
long as the
Cornprehensive
Plan Desiqnation
Lo$, or mediun density
res idential
high density residential
office
cornrnercial (neighborhoodor conmunity)
Hard surface
Coverade (*l
50t
8st
8st
exceed
Fl.oor
Area Ratio
0.5
1.0
1.0
0.8
1.5
1.O
standards as
3) Density transfer- for other projects other than singlefamir'y detached deveropnent itrait ue evaluated uu=ed'"nthe standards in Section 20-505, subsection fcl .---- -'
4) fn no case shall. the overall density of the developmentexceed the gross density ranges - identified ir'-4il;comprehensive p1an.
The city may utilize incentives to encourage the constructionof projects r,rhich are consistent vitn dne city,s trousinogoa1s. rncentives nay include nodificatio" ;i-f";=id-;;floor area. ratio requilenents for developnents providin; i;;and noderate cost housing. rncentives niy ue .ppr"rrLa ti [t"city only after the deveiloper and city trive eri€erea in€o-iiagreement to ensure that the low ani noderate cost uniisremain available to persons of lo, and noderate incone ioi-aspecific period of tine.
Hard surface coverages and f100r area ratios shalr be limitedas follows:
( regional )
lots within a pUD nay theseaverage neets these standards.
f)The setback for all buildlngs within a pUD fron any borderingor abutting street line shal1 be 30 feet for local itreets ani50 feet fro:n railroad lines for coLlector or arterial streets,as designated in the comprehensive plan, except that in n6case shall the setback be less than the helght oi the buildingup to a rnaxi,nun of 1OO feet. The setback- for att builitingifrorn exterior pUD lot lines not abutting a public street shailbe 30 feet except that in no case shail the setback be lessthan the height of the building up to a naximum of 1OO feet.Buildinq setbacks from internaf public streets sha1l bedeternined by the city based on- characteristics of thespecific PUD. Parking lots and driving lanes shal1 be setback at least 20 feet from all exterior -1ot lines of a pUD.
70t
8st
8s8
PUD Ordinance
February 28, L99l
Page 11
s)
h)
i)
i)
k)
The setback for parking structures including decks and rarnps
sha1l be 35 feet from Local streets and 50 feet from all otherstreet classifications except that in no case shalI the
setback be less than the height of the structure. Parking
structure setbacks froE external 1ot lines shall be 50 feet orthe height of the strrrcture, whichever is greater when
adjacent to residential property i 35 feet when adjacent to
non-residential properties. Parking structure setbacks frominternal public or private streets shaLl be deternined by thecity based on characteristics of the specific PUD.
Where industrial uses abut developed or platted single fanilylots outside the PUD, greater exterj.or building and parking
setbacks may be required in order to provide effectivescreening. The city council shall make a deterurination
regarding the adequacy of screening proposed by the applicant.
Screening rnay include the use of natural topography or earthberning, existing and proposed plantings and other features
such as roadways and wetl.ands which provide separation of
uses.
PUDrs must be developed in cornpliance with buffer yard
requirernents established by the Conprehensive Plan. llore than
one building Day be placed on one platted or recorded 1ot ina PUD.
The reguirements contained in Articles xxIII, General
Supplenental Regulations, XXIV, Off-street Parking and
Loading, and xxv, Landscaping and Tree Removal. l,lay be
applied by the city as it deems appropriate.
The uniqueness of each PUD requires that specifications and
standards for streets, utilities, public facilities and
subdivisions may be subJ ect to nodification from the city
ordinances ordinarily governing.then. the city council naytherefore approve streets, utllities, public facilities andland subdivisions which are not in conpliance vith usualspecifications or ordinance requirenents if it finds thatstrict adherence to such standards or requirements is not
required to neet the intent of this or to protect the heaf,
safety or rrelfare of the residents of the PUD, the surrounding
area or the city as a whole.
AII property to be included within a PUD sha1l be under
uniffed- ownLrship or control or subj ect to such legal
restrictions or covenants as may be necessary to ensure
compliance rlith the approved roastei development plan and final
site and building P1an.
signs shall be restricted to those which are perrnit-ted in. a
siln ptan approved by the city and sha1l be regulated by
permanent covenants.
Section 2O-505. Controls during construction and following
compl et i on .
(a) The use of the land and the construction, modification or alteration of any buildings or
structures in a PUD shall be governed by the final development plan.
(b) After the certificate of occupancy has been issued, no changes shall be made in the
approved frnal development plan for a PUD except:
(1) Any minor extensioDs, alterations or modifrcations of existing buildiDgs or structures
may be authorized by the city planner if they are consist€nt with the purposes and
intent ofthe frnal plan. No change authorized by this sectioD may increase the bulk
of any building or structure by more than ten (10) percent.
(2) Any building or structure that is totally or substantially destroyed may be recon-
structed only in compliance with the final development plan unless an amendment to
the frnal development plan is approved.
(3) Changes in uses, arry rearrangements of lots, blocks and building tracts, changes in
the provisions of common open spaces, and all other changes to the approved final
development plan may be made only altcr a public hearing conducted by the plan-
ning commission and upon frnal approval by the city council. Any changes shall be
recorded as amendments to the frnal development plan.
(c) U, in the opinion of the city, development has not progressed reasonably well accord-
ing to the approved schedule, the developer shall be required to submit a statement to the city
s€tting forth reasons for the lack of progress. The planning commission may initiate rezoning
to eliminate the PUD zoning classilication if it finds that the development haa not occurred
according to the adopted schedule, it shall not be necessary for the city council to frnd that the
rezoning to a PUD was in error.
(il) The constructioD and provision of all of the co?n'non open space and public improve-
ments and recreational facilities that are shown on the frnal developmeut plan for a PUD
must proceed at the same rate as the coDstruction of dwelling units or other private facilities.
cotoltENE: This section seens to outline minor changes to a PUD
quite hrell but avoids discussion of najor changes to a PUD.
a major change to a PUD should require a new rezoning
appl ication.
PUD ordinance
February 28, L99]-
Page 12
1) No building or other pernit shall be issued for any work on
property included within a proposed or approved PUD nor shall
iny work occur unless such work is in conpliance $rith the
Proposed or approved PUD.
PUD ordinance
February 28, 1991
Page 13
PROPOSED ORDINANCE
Section 20-506. single Fanily Detached PUDrs.
In developments where single fanily detached areas areproposed, the follor.ring standards shall apply:
(a) The average 1ot size nay be reduced below fifteen
thousand (15,000) square feet if, in the opinion of citystaff, comrnission and council, the plan inctudes featuresdesirable to the city. A naximum reduction of up to ten(10) percent below fifteen thousand (15,000) square feet
nay be granted if the proposat contains itens in the List
below or proposes other features which are also above andbeyond standard developnent requirements. In no case,horrever, shaIl the average lot size fatt below thirteen
thousand five hundred (13r5OO) square feet or the minimurnIot size fa1I below twelve thousand (12,OOO) square feet.
1. Housingr variety including differentiation inhousing types, housing exterj.ors and fLoor plans.
2. Preservation of natural site features, lretlands,
1ow1ands, wooded areas, etc., not protected by thestate departnent of natural resources or cityordinances. Wetlands aLready protected by thedepartment of natural resources or Article VI ofthis chapter t i11 not be considered for densitytransfer.
3. Creation of park zpublic areas for active andpassive park use or other public purposes such asschools, public buildings, etc., rrhich neet theintent of the park and recreation chapter of theconprehensive plan.
4. InstalLation of public irnprovenents designed toserve areas beyond the project boundary.
5. Installation of off-street pedestrian ways.
5. A reasonable nunber of available lots are designedfor solar/energy conservation housing.
7. Landscaping plan showing additional boulevardtrees, rear yard treatments, buffering frornexisting deve).oprnents, etc., beyond rLquiredstandards.
8. Preservation of historically significant sites.
PUD 0rdinancE
February 28, 19 91
Page 1.4
9 Other features deened
council ,
appropriate by the city
(b) The nininun sing).e farniJ.y detached lot width is eighty(80) feet at the buildinq setback Line.
(c) One-half of the single faroily lots must contain at leastfifteen thousand (15,OOo) Square feet.
(d) In calculation of the average lot size, each Lot size inexcess of twenty thousand (20,000) square feet shall becalculated to contain only twenty thousand (2O,OOO)square feet.
(e) Lot sizes
approxinate
adjacent to existing developnents shal1in lot size and tot width.
PROPOSED ORDTNANCE
Section 2O-5O7.conpletion.controls during construction and following
a) The use of the land the construction,alteration of any buildings or structuresgoverned by the final develop:aent plan.
rnodification
in a PUD shalI
b)
or
be
Changes in uses, any rearrangenents of lots, blocks andbuilding tracts, changes in.the provisions of cournon oprinspaces, and all other changes to the approved finat
deveLopment plan nay be nade only after a puftic hearingconducted by the planning conuri.ssion and upon finalapproval by the city council. Any changes shalL berecorded as anendnents to the final develofinent p1an.
3)
After the certificate of occupancy has been issued, no changesshall be made in the approved final developnent plan for a pUD
except :
1) Any rninor extensions, alterations or uodifications ofexisting buildings or structures may be authorized by thecity planner if they are consistent with the purposes andintent of the final p1an. No change authorized by thissectj.on may increase the bulk of any building structureby rnore than ten (10) percent.
2) Any building or structure that is totally orsubstantially destroyed nay be reconstructed onJ.y incompliance with the final development plan unless an
amendment to the final developnent plan is approved.
PUD 0rdinanceFebruary 28, 1991
Page 15
c)
s)
6)
Major araendments to an approved Daster development Dlan Dav beapproved by the city council after review -by the planiinqcornrnission. The notification and public hearin-g pro""a,r." i"isuch amendrnent shall be the same as for appioval of theoriginaL PUD. A najor a!0endment is any amendment rrhich:
1) Substantially alters the location of buildings, parkingareas or roadsi
2') Increases or decreases the nunber of residentiat dwellingunits by nore than five percentt
3) Increases the gross fl.oor area of non-residentialbuildings by nore than five percent or increases ihegross floor area of any individual buiLding by more thanten percent i
4) Increases the nunber of stories of any building;
Decreases the anount of open spacepercent or alters it in such a wayoriginal design or intended use,. or
Creates non-cornpliance with any special conditionattached to the approval of the maJter development plan.
by more than fiveas to change its
Division 2. PROCEDURES
Section 20-516. preapplication conference.
Section 20-577. ceneral Concept plan.
Section 20-518. Developnent Stage.
Section 20-519. Final Stage.
DIVISION 2. PROCEDURES
Sec. 2G516. heapplicatiou conference.
kior to frling an application for PIID, the applicant shall attend a conferencc witb the
city. The primary purpose of the conference ahall be to provide the applicaat with aa opportu-
nity to gather information aad obtain guidance on the general merits of the proposal anil its
conformity to the provisions of tb,is article before incurring substaatial expense.
PUD 0rdinance
February 28, 1991
Page 16
Sec. 2O-517. General concept plan. -
(a) The general concept plan for a pUD provid-es an opportunity for the applicant tosubmit a plan to the city showing the basic intcnt and the general nature of the entiredevelopment without incurring substantial cost. The plan shall include the following:
(1) Overall gross and net density.
(2) Identification ofeach lot size and lot width.
(3) General Iocation of major streets and pedestrian ways.
(4) General location and extent of public and common open space.
(5) General location and tlrye of land uses and intensities ofdevelopment.
(6) Staging and time schedule for development.
(b) The tentative v.ritt€n consent of all property owners within the proposed puD shal
be filed with the city before the stall commences review. Approval of the concept statementshall not obligate the city to approve the final plan or any part thereof or to rezone theproperty to a planned unit development district.
(c) The frnal acceptance ofland uses is subject to the following procedures:
(1) The developer meets w.ith the city stalI 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 sha, conduct a hearing and report its frndings 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 olficial newspa-
per at least ten (10) days prior to the hearing, written Dotification ofthe hearing shall
be mailed at least ten (10) days prior thereto to owners of land within five hun&ed(500) feet of the boundary of the property and an on-site notil.ication sign erected.
(4) Following the receipt ofthe report and recommendations from the pranning commis-
sion the city counc shar consider the proposal- If the plan.ing commission fa s tomake a report within sixty (60) days after receipt of the apprication, then the city
council may proceed without the report. The council may approve the concept plan
and attach such conditions as it deems reasonabre. Approvar sha require a iour-fifths vote of the entire council.
(Ord. No. 80, Art. V, S 18(5-18-6(2)), 12-15-86)
Sec. 20"518. I)evelopment stage.
(a) Following general concept approval of a puD, the appricant shall submit the dever-
opment stage application, preliminarl plat and fee. If appropriate because of the limited scale
of the proposal, the concept stage and preliminary pran stages may proceed simurtaneously.
The applicant shall file the deveropment plans and preriminary plat, together with all sup-porting data.
PUD 0rdinanceFebruary 28, 1991
Page 17
o) with the appropriate notifications, the planning commission shall conduct the hear-
ing on the preliminary plat and the rezoning and report its lindings and make recommenda-
tions to the city council for action.
(c) The development stage shall include but not be limited to:
(1) A preliminary plat and information required by chapter lg.
(2) An approved development plan dr:awn to a scale of not less than one (1) inch equals
one hundred (100) feet containing at least the following information:
a. Proposed name ofthe development.
b. Property boundary lines and dimensions of the property and any significant
topographical or physical features of the property.
c. The location, size, use and arrangement including height in stories and feet and
total square feet of ground area coverage and floor area of proposed buildings,
and existing buildings which will remain, if any.
d. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, load-
ing spaces and access aisles, and all other circulation elements including bike
and pedestrian; and the total sit€ coverage of all circulation elements.e. The location, designation and total area proposed to be conreyed or dedicated for
private and public open space, including parks, playgrounds, school sitcs and
recreational facilities.
f. The location, use and size of structures and other land uses locat€d within two
hundred (200) feet of the property boundary.
g. A natural resource analysis identifying existing vegetation areas consisting of
forest and wood lots as well as wetlands and wetlands vegetation; the geolog3-,
slope, soil and groundwater charact€ristics of the sit€; existing lakes, atreams,. ponds, drainage swales, runoff settling areas, and flood plains must be identifiedi
analysis of the relationship of the proposed use of the eristing natural conditions
listcd above.
h. A proposed landscaping plan, including rocation of existing plants, identification
of species, caliper size and acreage.
i. The location, type and size ofall graphics and signage.j. Any other information that may have been required by the pranning commiasion
or council in conjunction. with the approval of the general concept plan.
(3) An accuratc legal description of the entire area within ttre puD for which frnal
development plan approval is sought.
(4) A tabulation indicating the number dreaidential dwelting units and expected population-
(5) A tabulation indicating the gross square footage, if any, of comuercial and indugtrial
floor space by type of activity.
(6) Preliminary architectural "typical" plaDs indicating uee, ooor plaa, elevations anil
exterior wall finishes of proposed building, including manufactured homea.
PUD 0rdinance
February 28, t99t
Page 18
(7) Preliminary grading and site alteration plan illustrating changes t existing topog-
raphy and natural site vegetation. The plan should clearly reflect the site treatment
and its conformance with the approved concept plan.
(8) A soil erosion control plan acceptable to watershed districts, state department of
natural resources, soil conservation service, or any other agency with review author-
ity clearly illustrating erosion control measures to be used during construction and
as permanent measures.
(9) Protective convenants and homeowners' association bylaws.
(d) The city may request additional information from the applicant concerning opera-
tional factors or retain expert testimony at the expense of the applicant concerning opera-
tional factors.
(Ord. No. 80, Art. V, $ 18(5-18-6(3), 12.15-86)
Sec. 2G519. Final stage.
Following preliminary plat approval, the applicant for a PUD shall prepare and submit
the final plat and execute the development contract prepared by the city. If appropriate
because of the limited scale of the proposal, the preliminary and final plats may proceed
simultaneously. The city council shall then consider the submission for frnal approval and
rezoning to PUD.
Col.0lENT: This section is ueII craftedi however, rre believethat site plan approval should be reguired for each non-singlefamily or duplex building being proposed in a PuD. oftentimes you y/ill get a situation uhere a PUD plan will
incorporate numerous buildings built over a long period oftj.me. Each building should be required to get a separate siteplan application. Of course each site plan should be reviewed
against the standards developed and agreed to by the developer
and the city in the PUD master developnent p1an.
SUM}IARY
The proposed revisions to the PUD ordinance are fairly conPlex and
deserving of discussion. Staff does not have an expectation that
they w1}l be approved at the present Planning coEmission neeting
but does hope that this uill serve as the basis for refineDents
that will ultimately be incorPorated into the ordinance.
-{
CITY OF
EH[NH[SSEN
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-s739
ME}{ORANDT'I.!
To: Planning Commission
FRou: Paul Krauss, Planning Director
DATE: February 26, l99l
SUBJ: IssuePaper/Landscapingordinance
BACKGROUND
Recently there has been considerable discussion concernj,ng the
cityts Landscaping ordinance and improvements that nay be,rnade to
it. Improvenents that would result in a higher standard of
development in the City have been established as a goal by the
Planning Comrnission and sirnilar sentiment has been echoed by at
least several members of the City Council. This report is intended
to give an overview of the purpose behind landscaping standards as
well as current ordj-nances, reviewing their positive aspects and
shortcomings. Your response to this information will be given for
consideration for incl-usion in any new ordinances that would be
developed.
GOALS
A discussion of the landscaping standards should begin with
agreenent on goals as to what is to be achieved by the ordinance.
The foLl-owing goals are presented for discussion purposes. The
Planning Cornmission is encouraged to redefine, add or subtract from
this list as appropriate.
The J.andscaping standards should provide for aestheticplanting of sites and buildings. These plantings should be
desi,gned to add color, natural growtsh, as weLl as an
introduction of the natural environrnent into sites.
Landscaping standards shouLd provide for screenj-ng for visual
inpacts associated with a given use, including:
o truck loading areas,o trash storage,o parkinq 1ots, interior lot areas and perimeters,
t-
2
Landscaping Ordinance
February 25, 199L
Page 2
7. Reforestation should be considered rrhere appropriate.
ORDTNANCE FORMAT
large unadorned building nassing (reference the recentsite plan approval for Mcclynnrs that used landsiaping tonininize the visual irnpact of high, blank rral1s,garage doors associated with auto oriented uses, andvehicular stacking areas for drive through uses
Buffering betrreen high intensity and low intensity uses shouldbe outlined as to where this is required and what constitutesa suitable buffer.
Buffering of a site for najor streets and highways relative tonoise and visual inpacts.
Boulevard or streetscape planting should be investigated.Boulevard and streetscape planting typically takes place offsite and is often not the direct responsibility of adeveloper. At the present tine, the City is working with
MnDoT on a Highway Beautification Prograrn for the new sectionof Highway 5 through dohrntown Chanhassen.
3
4
5
6 tlature stands of trees and natural areas such as wetlandsshould be protected. Protection of existing features andtheir enhancement where possible should be the prinary focuswith replacement being considered only after aLternatives arerevi.ewed and disnissed.
1
The fo1lor^ring constitutes our understanding of that needs to beincorporated into an effective landscaping ordinance. Theseguidelines, plus any others proposed by the planning Cornmission,should be used to critically review any ordinance anendtnents thatwe wish to consider.
The ordinance should be cornprehensive covering all sorts ofdevelopments. At the present tine, the ordinance is effectiveon1y. under site plan revj.ews. Regulations affectingsubdivisions are handled elsewhere in the ordinance and ar6less effective. P.U.D. ts do not have any specificrequirenents.
The ordinance should provide anple guidance as to what the
lityi9.lgsiqn expectations are without unduly liniting designflexibility. In our opiniort, there are a number oflandscaping ordinances that becone so regiroented in theirapproach to defining landscaping standards that you wind upwi.th a cookie cutter approach to landscaping design. ICleaIlyl
2
3
4
Landscaping Ordinance
February 26, L99l
Page 3
the ordinance would al1ow a good designer to reflect the
denands of the site and the setting it is placed in.
Minirnu:n standards should be provided to ensure that a baselineIevel of quality is achieved.
The ordinance should be relatively easy to interpret andenforce. There are a nunber of ordinances that have beendrafted that pronote high quality design but are so cornplexthat only a landscape architect can reliably interpret them.
We should strive to have an ordinance that is understandabl,eby 1ay people as well as professionals. Enforcement shouldalso be taken into account. For exanple, an ordinance mayreguire rr80t opacitytr in a landscape screen between a parkinglot and a residential site. In ny opinion, this is almostirnpossible to enforce since it is difficult to define lrhat 8o?opacity actually neans and then get a reliable interpretationof this out in the fie1d.
CURRENT I,ANDSCAPTNG REOUIREMENTS
The following is a review of the various landscaping reguirementscontained in our current ordinances. Landscaping standards arefound in several different portions of the ordinance.
Article XXV, LandscaplDg and Tree ReEovaI.
DIVISION 1. GENERALLY
Section 2O-1L76. Intent, scope and conpliance.
(a) The intent of this article is to improve the appearanceof vehicular use areas and property abutting public rights-of-way;to require buffering betlreen nonconpatible land uses; and toprotect, preserve and pronote the aesthetic appeal , character andvalue of the surrounding neighborhoods; to promote public health
and safety through the reduction of noise pollution, air pollution,visual pollution and g1are.
(b) This article does not
residences.
apply to singLe fanily detached
(c) No new site developrnent, building, structure or vehicular
use area is a1Iowed, unless landscaping is provided as reguired inthis article.
(d) No property lines shall be aLtered no shaI1 any building,structure or vehicuLar use area be expanded, unless the minirnurnlandscaping required by the provisions of this article is providedfor the entire property.
Section 20-]-]-77. Plan Subnission and approval.
The property orrner or developer shall prepare a landscape ptanfor revj.ew by the city. The city shalI apply the followingconditions in approval or disapproving the plan:
(1) The contents of the plan shall incl.ude the following:
a. Plot plan, drawn to an easily readable scale,showing and labelLing by naroe and dirnensions, aIIexisting and proposed property lines, easenents,buildings, and other structures, vehicular useareas (including parking stalls, driveways, serviceareas, square footage), tater outlets and landscapenaterial (including botanical nane and connon nane,installation size, on center planting dinensionswhere applicable, and quantities for all plants
used).
b. Typical elevations and/or cross sections as nay berequired.
c. Title block with the pertinent nanes and addressed(property owner, person drawing p1an, and personinstalling landscape naterial), scale date, northarrow (generally orient plan so that north is totop of plan), and zoning district.
d. Existing landscape naterial shall be shown on therequired plan and any naterial in satisfactorycondition nay be used to satisfy this article inwhole or in part.
(2) where landscaping is required, no building pernit sha1lbe issued until the required landscaping plan has beensubnitted and.approved, and no certifica€e ot occupancy shaIIbe issued until the. landscaping is courpleted as certiiied byan on-site inspection by the building inspector, unless a
Landscaping Ordinance
February 26, ].99l
Page 4
cOl.tltENT: The intent section is good to have although quitepossibly rre would consider expansions to better define theCityrs purpose in landscaping. The exclusion of single farnily
developnent is noteworthy. Single farnily development does notundergo site plan review, therefore, the only effective
ordinance that cones into play is the Subdivision Ordinance,No. 18. This will be conmented upon Iater. We also note thatdue to the language of the current PUD ordinance, puDrs arealso exenpt fron provisions of the Landscaping code.
Landscaping Ordinance
February 26, L99!
Page 5
performance bond, or irrevocable letter of credit from abanking institution, has been paid
(3) If necessary, the city nay require a letter of credit toinsure proper installation of landscape naterial as withconplete cost of al1 work certified by landscape contractor,with the bond anount to include the actual cost plus ten (10)percent. The bond shall, be released upon satisfactorycompletion of the work as deternined by the city.
(4) I{here unusual site condj.tions exist where strictenforcement of the provisions of this article would cause ahardship or practical difficulty, the planning commission andcity council may waive the requirements as part of the siteplan review process.
col'[iIENT: Plan submittal gnridelines nay need to be fleshed out
somewhat to give staff and the Planning Commission sufficientnaterial to review. Iten #3 pertaining to a letter of credit
has been superseded by Section 20-119 approved by the planning
Commission and City Council last year.
Section 2O-LL7A. Landscaping for service structure.
(a) Any service structure shall be screened whenever locatedin any residentiaf, conmercial or industrial zone (except RR and
RSF zones). structures nay be grouped together, hovever, screeningheight requirernents will be based upon the tallest of thestructures.
(b) A continuous planting, hedge, fence, tal1 or earth noundshall enclose any service structure on all sides unless suchstructure nust be frequently noved, in which case screening on allbut one (1) side is required. The average height of the screeningmaterial sha11 be one (1) foot uore than the height of the enclosedstructure, but shall not be required to exceed eight (8) feet inheight. whenever a service structure is located next to a buildingwal1, perimeter landscaping Daterial, or vehicular use area
Jandscaping material, such walts or screening naterial uray fu1fi1Ithe screening requirenent for that side of the service structure ifthat waII or screening naterial is of an average height sufficientto meet the height requl,renent set out in this section. Wheneverservice structures are Ecreened by plant naterial, such material
nay count towards the fulfillnent of required interior or perimeterlandscaping. No interior landscaping shaLl be required within anarea screened for service structures.
Section 20-1179. Tree renovat regulations.
(a) It is the policy of the city to preserve natural woodlandareas throughout the city and with respect to specific sitedevelopnent to retain as far as practical, substantial tree standswhich can be incorporated into the overall landscape p1an.
(b) No clearcutting of woodland areas sha11 be pernittedexcept as approved in a subdivision, planned unit developtoent orsite plan application.
(c) The following standards shall be used in evaluatingsubdivisions and site plans:
(1) To the extent practical, site design sha11 preservesignificant soodland areas.
(2t Shade trees of six (6) inches or nore caliper sha11be saved unless it can be denonstrated that thereis no other feasible rday to develop the site.
(3) The city nay require the replacenent of removedtrees on a caliper inch per caliper inch basis. Atninimum, holrever, replacement trees shall conformto the planting requirement identified in divis'ion4 of this article.
(4) During the tree renoval process, trees shall be. renoved so as to prevent blocking of public rights-
Landscaping ordj,nance
February 26, 7.991
Page 5
(c) Whenever screening naterial is placed around any trashdisposal unit or waste collection unit which is enptied or removed
mechanicalLy on a regularly occurring basis, a curb to contain theplacenent of the container shall be provided within the screeningnaterial on those sides where there is such material . The curbingsha1l be a least one (1) foot fron the naterial and shaIl bedesigned to prevent possible danage to the screening !'rhen thecontainer is enptied.
COUIIENT: This section j.s a good exanple of a highly detailedstandard that is specifically designed to deal with one issue,in this case, service structures. This type of standardshould also be developed for each of the goal staterrentsidentified in the beginning of this report. Ho$rever, I notethat from a design standpoint, there does not appear to benuch flexibility in tenns of design creativity in thissection.
Landscaping Ordinance
February 26, f99L
Page 7
of-way or interfering with overhead utility lines.
(5) The removal of diseased and damaged trees ispermissible.
(d) Tree removal not pernitted under subdivision, plannedunit developnent or site plan review shall not be allowed withoutthe approval of a tree removal plan by the city council . Treeremoval plans sha1l include the content requirenents as dictated insection 20-]-777 and identify reasons for tree renoval The planshal1 be submitted three (3) weeks in advance of the city councilat which it is to be considered.
COUI,IENT: This section is very good fron an intent standpointalthough it needs to be significantly irnproved and revamped to
becone truly effective. Also note the exclusion granted tosingle and two fanily lots of record. As the planning
Commission is aware, staff is working with the DNR on anexperimental progran relative to identification of elements ofthe urban forest warrantj.ng protection as wel.I as areforestation plan. This section should probably be revised
based upon the outcome of this program.
DIVISION 2. PERTI'{ETER LANDSCAPING REOUIREMENTS
Section 2 0-1,19 L. Generally.
(a) Where parking areas are not entirely screened visually byan intervening building or structure from any abutting right-of-way, there shall be provided landscaping between such area and suchright-of-iray as follows:
(1) A strip of land at least ten (10) feet in depth located
between the abutting right-of-way and the vehicular usearea which shaIl be landscaped to include an average of
one (1) tree for each forth (40) linear feet or fractionthereof. Such trees shall be located between theabutting right-of-uay and the vehicular use areas.
(2) In addition, a hedge, rrall , bern, or other opaque durablelandscape barrj,er of at least two (2) feet in heightshal1 be placed along the entire length of the vehicular
use area. If such opaque durable barrier is of nonlivingrnaterial, a shrub or vine shall be planted along thestreet side of said barrier and be pLanted in such a
nanner to break up the expanse of the lraLl. A t$ro-footbern nay be usedi however, additional landscaping atleast one (l-) foot in height at time of planting sha]I be
Landscaping ordinance
February 26, l99l
Page 8
installed. The renainder of the required landscape areas
sha11 be landscaped with grass, ground cover, or other
landscape treatment.
(b) This division applies to perimeter landscaping.
COtiIl.tENT: This section deals specifically with landscaping
around the perineter of parking lots and frorn an intentstandpoint, this is an acceptable thing to do. However, the
standard of l- tree per 40 finear feet is frankLy, archaj,c and
does a disservice to the design standards which already existin the city and which are likely to be inproved as a result ofthis analysis. In addition, the standard berm around theparking 1ot does not lend a large amount of creativity. We donote, however, that this standard has been roodified somewhatby newly adopted regulations using a perfornance standard to
a1low the property owner to achieve reductions in parking lot
setbacks .
PRO.TECT VAI.,UE
( Including building construction,site preparation, and site
inprovements )
Below $L,000,000 2*
$1, 000,001 - $2,000, 000 $2o, ooo + 1E of
Proj ect Value inexcess qf
$1,ooo,ooo
$3O,0OO + 0.75tof Pro j ect92, 0oo, oo1 $3 , ooo, 000
One of the most noteworthy things about this and relatedsections is that there is a complete lack of mininunIandscaping standards for the site itself. In other words,there is no rnj.nimurn amount of planting that must be done on a
gi,ven site which leaves staff in a position of using sections
such as this to in essence, coerce a legitimate landscapingplan out of a developer. Staff can think of several ways to
address this. One technique that f have used in the past isto establish a rninimum landscaping budget that utilj.zes aformula of linking project development costs to minirnurn
landscaping value. The table used in the l{innetonka Ordinanceis provided belol, as an appendix
UINII,IUI,I I.ANDSCAPE
VAI.,UE
Landscaping Ordinance
February 26, L997
Page 9
$3, 000, 001 s4, 000, ooo $37,500 + O.252of Pro j ect
Value in excessof $3,000,000
Over $4,000,000 18
Section 2O-LL92, Required landscaping adjacent to interior propertyIines, Section 20-:-193, Conbining with easements, and Section 20-
L194, Existing landscape naterial .
(a) where parking areas abut property zoned or, in fact, usedprimarily for residential or institutional purposes, that portionof such area not entirely screened visually by an located structureor existing conforning buffer from an abutting property, thereshall be provided a landscaped buffer which should be naintained
and replaced as needed. Such landscaped buffer sha1l consist ofplant naterial , waI1 or other durabLe barrier a! least six (6) feetin height measured fron the nedian elevation of the parking areaclosest to the conrnon 1ot line, and be located betrreen the commonlot line and the off-street parking areas or other vehicular usearea exposed to the abutting property. Fences shaI1 be constructed
according to the standards in Section 20-1018.
cot{tltEliff : Again, I believe the intent is good but that better
nininum standards offering design flexibility are warranted.
DIVISION 3. INTERIOR I,ANDSCAPING FOR VEHICI'I,AR USE AREAS
section 2o-L2]-1. cenerally.
(a) Any open vehicular use are (excluding loading, unloading,
and storage areas in IOP and BG Districts) containing more than sixthousand (6,000) square feet of area, or twenty (2O) or morevehicular parking spaces, shall provide interior J.andscaping inaccordance with this division in addition to rrperineterfi
landscaping. Interior landscaping may be peninsular or island
types .
(b) This division applies to interior landscaping of such
areas .
Section 2O-L2L2.Landscape area.
value in excessof 93,000,000
Landscaping
February 26,
Page 10
ordinance
1991
(a) For each one hundred (100) square feet, or fractionthereof, of vehicular use area, five (5) square feet of landscapedarea shall be provided
(b) The rnininun landscape area peraitted shall be sixty-four(64) square feet, with a four foot ninimum dimension to all treesfrom edge of pavenent where vehicles overhang.
(c) In order to encourage the required landscape areas to beproperly dispersed, no required Landscape area shall be larger thanthree hundred fifty (350) square feet in vehicular use areas underthirty thousand (30,000) square feet. In both cases, the least
dimension of any required area shaLl be four-foot mininun dirnensionto all trees from edge of pavement hrhere vehicles overhang.
Landscape areas larger than above are pernitted as long as theadditional areas are in excess of the required ninimun.
Section 2O-L2:-3. Minirnun trees.
A rninimun of one (1) tree shall be required for each twohundred fifty (250) square feet or fraction thereof, of reguiredlandscape area. Trees sha1l have a clear trunk of at least five(5) feet above the ground, and the renaining area shall belandscaped with shrubs, or ground cover, not to exceed two (2) feetin height.
Section 20-]-2]-4. Vehicle overhang.
Parked vehicles nay hang over the interior landscape area nonore than two and one-half (21) feet, as long as a concrete curb isprovided to ensure no greater overhang or penetration of theIandscaped area.
COI{IIENT: In general , I believe that this is a very goodsection and deals with a scenario that nany ordinances tena tooverlook. Large expanses of blacktop are not only unsightly,they actually change ueather conditions in thL imnedialevicinity. fn addition, large unbroken expanses of pavementcreate a nore difficuLt drainage problen. This secLion notonly establishes the intent but also mininum standards in whatare generally effective ways.
DTVISTON 4. IANDSCAPING ITTATERIAI,S, ETC.
Section 2O-123L, Generally.
(a) The Landscaping rnaterials shaLl consist of the following:
Landscaping Ordinance
February 26, 1991
Page 11
(1) walls and fences. Walls shall be constructed ofnatural stone, brick or artificial rnaterials.
Fences shall be constructed of wood. Chain link
fencing !ril1 be permitted only if covered with woodstrips or plant naterial .
(2) Earth mounds. Earth mounds shall be physical
barriers which block or screen the view similar toa hedge, fence, or rral1. fiounds shall be
constructed with proper and adequate plant material-to prevent erosion. A difference in elevationbethreen areas requiring screening does notconstitute an existing earth mound, and sha]1 notbe consj-dered as fulfilling any screening
equipnent.
(3) Plants. All plant materials shal1 be livingplants, artificial plants are prohibited and sha1l
meet the following requirenents:
(a) Quality. Plant materials used in confonnancewith provision of this division sha1l confonnto the standards of the American Associationof Nurserlmen and shall have passed anyinspections required under state regulations,
(b) Deciduous trees. shall be species having an
average nature crown spread of greater thanfifteen (15) feet and having trunk(s) which
can be maintained rrith over five (5) feet ofclear wood in areas which have visibility
reguirernents, except at vehicular use areaintersections where an eight (8) foot clear
wood requirernent will control. Trees havingan average mature spread of crown less thanfifteen (15) feet nay be substituted bygrouping of the sane so as to create theequivalent of a fifteen (15) foot crolrnspread. A nininum of ten (10) feet overallheight or minimum caliper (trunk diameter,
measured six (6) inches above ground for trees
up to four (4) inches caliper) of at least twoand one-half. (2\t inches irmediately afterplanting sha11 be required. Trees of speciesthose roots are known to cause damage topublic roadways or other public rrorks shal1not be placed closer than fifteen (L5) to suchpublic works, unless the tree root systern isconpletely contained within a barrier forwhich the mininun interior containing
Landscaping Ordinance
February 26, ].99].
Page 12
dinensions sha1l be five (5) feet squarefive (5) feet deep and for whichconstruction reguirernents shall be four
inches thick, reinforced concrete.
and
the
(4)
(c) Evergreen trees. Evergreen trees shal1 be a
mininun of six (5) feet high uith a ninirnurncaliper of one and one-half (11) inches whenplanted.
(d) Shrubs and hedges. Deciduous shrubs shall beat least tro (2) feet in average height whenplanted, and shall conforn to the opacity andother requirements within four (4) years afterplanting. Evergreen shrubs shall be at leasttwo (2) feet in average height and tlvo (2)feet in dianeter.
(e) Vines. Vines shatl be at least twelve (12)inches high at planting, and are generally
used in conjunction with wal1s or fences.
(f) crass or ground cover. crass sha1l be plantedin species nornally grown as pernanent laqrns,and nay be sodded, plugged, sprigged, orseededi except in swales or other areassubject to erosion, uhere soLid sod, erosionreducing net, or suitable Dulch shal1 be used,nurse-grass seed shall be soun for irnmediateprotection until conplete coverage otherwiseis achieved. crass sod shalt be clean andfree of weeds and noxious pests or diseases.cround cover such as organic nateriaL shall beplanted in such a nanner as to present afinished appearance and seventy-five (75)percent of conplete coverage after two (2,)conplete qrotring seasons, with a naxiroum offifteen (15) inches on center. In certaincases, ground cover alao nay consist of rocks,pebbles, sand and sinilar approved materials.
COI.I|iENT: I will be honest to state that while this sectionappears to be well thought out, that I do not claim to be alandscape architect and quite possibJ.y the standards should bere-exaroi.ned by -an appropriate profes-ional . The reguirenentfor having nininun 6 foot height of evergreen treel and ZLinch caliper for deciduous tiees is sta;dard and uniforrnacross the Twin Citiesr cornrnunities.
Landscaping Ordinance
February 26, 199f
Page 13
Section 20-1232. Maintenance and installation.
CO!0.tElflI: This section is fairly good
superseded by better language locatedsection, Section 2O-LL7.
but has been
under the site since
plan
Sect j-on 2O-L233. Required opacity.
COIrI{ENT: This is a perfect example of an ordinance thatvirtually inpossible to understand, much less enforce.only does it differentiate between 50* and 7OA opacitydifferent times of the year, but it also requires thatproject forward four years of growing tine to undertakeanalysis.
is
Not
at
one
the
Section 2O-L234. Curbing.
Cot[ltENT: This section is fine without change.
Section 20-1145. Landscaping and screening.
COITUENT: This section, which is located in the parking
Standards, reguires that all berths (loading areas) requirescreening. As such, it is a good concept but is poorlydrafted. It should also deal. r.rith outdoor storaqe in asimiLar manner.
Section 20-695, 2O-7L5, 2O-735, 2O-755,
Setbacks and Buffer Yards.
20-774 and 20-815, Parking
COI4UEIiflr : These sections are new and we believe them to begood fron a conceptual point of view. Setbacks for parkinglots are established using a perforrnance type of standard,i.e. the better the buffering, the smaller the setback. Inaddition, the creation of buffer yards around incompatibleland uses, as illustrated in the Courprehensive p1an, wi1l bea najor long tern benefit for the city.
Section 2O-1I7. Maj.ntenance of site and landscaping.
COIi0.tE}flt: This was a section added by staf f to the site plan
ordinance last year that nore specifically requires the
naintenance of all landscaping in accordance with site plan
approvals.
section 20-LL8. Retaining walls.
Section 18-61. Tree removal and conservation of vegetation.
cout{ENT:This section is the only reference to tree removal-and landscaping contained within the Subdivision Ordinanie.As such, it is the only regulation that is applied to singlefanily development. Staff believes that this is highJ,yinadequate and needs to be addressed in a more signifi-anL
manner.
SIJMMARY
Staff is seeking direction fron the planning Conmission on hor^/ toproceed rrith development of a revised landscaping ordinance. your
conments on the material outlined above are essential if we are tobe able to prepare a code revision that adequately meets your
needs .
Landscaping Ordinance
February 26, ]-991
Page L4
Co!,i!.tENT: This section provides a necessary tie in with thebuilding code to support the use of safe and effectiveretaining waIIs.
Section 20-119. Landscaping financial guarantee required.
couuENT: This section was instituted by staff last year to
rnore specifically require the deposit of a landscape guaranteewith each site p1an. Prior to the drafting of this section,no such requirenent existed and enforcement was oftenundertaken on a hit and rniss basis.
CITY OF
EH[NH[SEEN
ME}.,IORANDUM
TO:
FROM:
DATE :
SUBJ :
Jo Ann Olsen,
IIarch 26, 1991
690 COULTER DRIVE . PO. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
Planning Commission
Senior Planner afu,
Bluffline Preservation Ordinance
The Planning Connission has often extrrressed concern for protecting
the bluffline along H'qy. 2L2 adj acent to the }linnesota River. Itostof the discussion for protecting the bluffline has been in,terrns of
rezoning the property fron BF, Business Fringe to a Lohrer intensiveuse. The City has other bl,ufflines rrhich should also be protectedfor environrnental and aesthetic purposes. Since rezoning propertyis not advisable in all bluff areas, and controtJ.ing use of theproperty can only provide so nuch protection, staff is proposing weestablish an overlay district sinilar to our wetland and shorelandordinance. An overlay district lriIl protect all bluff areas fronalteration and lril1 control activity adjacent to the bluff areas.
In reviewing several sources, 30t and above is conmonly defined asnblufftr and 1281158 to 3Ot is rrsteep sloperr. The DNR has standardsregulating bluff and steep slope areas as part of the shorelandregulations. The city wi1l. be adopting the new DNR shorelandregulations within the next 2 years. The DNR btuff regulationswill be applied to all bluff areas within the Cityrs shorelanddistrict (1,000 feet from the ordinary high water nark). Staff issuggesting we start rrith the DNR bluff regulations and expand upon
them to create a bluff protection ordinance for aI1 bluff areas inthe city. Should the city create nore restrictive standards thanthe DNR regulations, ue can also adopt the rore restrictiveregulations as part of the DNR shoreland regulations. It will bepreferabLe to have consistent bluff regrulations throughout the cityrather than regulations for shoreland and non-shoreland bluffs.
The follor.ring are the standards for bluff and steep slope areas
from the DNR shoreland requlations:
BIuf f line Preservation ordinance
March 25, 1991
Page 2
DefiDitions.
Bluff. Bluff means a topographic feature such as a hill,cliff, or embankraent having the following characteristics (an areawith an average slope of less than 18 percent over a distance for50 feet or more shaIl not be considered part of the bluff):
(1) The slope rises at least 25 feet above the toe of theslope; and
(2) The grade of the slope from the toe of the bluff to apoint 25 feet or more above the toe of the slope averages
30 percent or greater.
Bluff Inpact ZoDe. Bluff inpact zone neans a bluff and landlocated within 20 feet from the top of a bluff.
IDteDsive v6g6tatioD CloariDg. Intensive vegetation clearingmeans the .conplete renoval of trees or shrubs in a contiguouspatch, strip, rotr or b1ock.
. 8te6p 81ope. Steep slope neans land where agricutturalactivity or developrnent is either not recommended or dtscribed a-spoorly suited due to sLope steepness and the siters soilcharacteristics, as napped and described in available county soilsurveys or other technical reports, unLess appropriate design andconstruction techniques and farroing praCtices are us;d inaccordance with the provisions of this ordinance. Where specificinformation is not available, steep slopes are lands having iverageslopes over 12 percent, as measured over horizontal distanles of SOfeet or more, that are not bluffs.
1106 of th6 bluff. Toe of the bluff means the lorrer point ofa 50 foot seginent with an average slope exceeding 18 percent.
Top of ths bluff. Top of the btuff means the higher point ofa 50 foot segment with an average slope exceeding 18 percant.
Structure 8€tback3.
(1) Setback frorn the top of bluff is 30 feet.
Bluff - IDpact zoD6s. structures and accessory facitities,except stairways and landings, must not be placed within bl.uffimpact zones.
- gtairsays, Lift8 anal lJaDatiDgs. Stairways and lifts are thepreferred alternative to najor topographic atterations forachieving access up and down bluffs ana-stEep slopes. stiirwaysand lifts must neet the following design requireme-nts.
BIuffline Preservation Ordinance
March 26, 1,99 L
Page 3
a. stairerays and Iifts nust not exceed four feet inwidth on residential 1ots. Wider stairways nay beused for commercial properties, public open-spacerecreational properties, and planned unit
development s i
b. landings for stairways and lifts on residentiallots must not exceed 32 square feet in area.
Landings larger than 32 square feet nay be used for
commercial properties, public open-space recreationproperties, and planned unit developments i
c. canopies or roofs are not allor.red on stairways,lifts or landings;
d. stairways, lifts and landings may be eitherconstructed above the ground on posts or placedinto the ground, provided they are designed andbuilt in a manner that ensures control of soil
erosion i
e. stairways, Iifts and landings must be located inthe most visually inconspicuous portions of Lots;
and
f. facilities such as ramps, lifts or nobility pathsfor physically handicapped persons are alsoaIlo$red, provided that the dimensional andperfonnance standards of subitems a. to e. are
complied rrith.
Steep slopes. The Pl.anning Director must evaluate possiblesoil erosion impacts and developnent visibility before issuing aperrnit for constructj.on of selrage treatnent systems, roads,driveways, structures, or other inprovenents on steep slopes. I{hen
determined necessary, conditions must be attached to issued pernitsto prevent erosion and to preserve existing vegetation, screeningof structures, vehicles and other facilities.
Renoval or alteratioD of v6g6tatio!. Removal or al,teration ofvegetation, is allowed subject to the following standard:
a. In bluff inpact zones and on steep sLopes, linitedclearing of trees and shrubs and cutting, pruning
and trinning of trees is alLowed to provide a viewfron the principal dwelling site and to acconmodatethe placenent of stairuays and landings, picnicareas, access paths, livestock watering areas,beach and watercraft access areas and pernitted
BIuffline Preservation Ordinance
March 26, 1991
Page 4
water-oriented accessory structures or faoiLities,provided that:
(1) the screening of structures, is notsubstantially reducedi
(2) along rivers and creeks, existing shading oflrater surfaces is preserved i and
(3) the above provisions are not applicable to therenoval of trees, linbs or branches that are
dead, diseased, or pose safety hazards.
Iopographic Alt€ratioD3/craalittg aDd PllllDg. A grading andfilling pernit rrill be required for:
(1) the novenent of rore than ten (10) cubic yardsof naterial on steep slopes or within bluffinpact zones.
The foLLowing considerations and conditions nust be adhered toduring the issuance of construction pernits, grading and fillingperrnits, conditional use pernits, variances and subdivisionapprovals:
(1) P1ans to place fill or excavated naterial onsteep slopes must be reviewed by qualified
:;8"fif "i'"i:::.;:""111"'1J':1""r!3"ojr"lI
percent or greateri
(2) FilI or excavated nateriat nust not be placedin bluff inpact zones.
.Roads, driverays, aad ;larklag areas. Roads, driveways, andparking areas Bust meet structure setbacks and nust not be placedwithin bluff inpact zones, when other reasonable and felsibleplacement alternatives exist. If no alternatives exist, they naybe placed within these areas, and must be designed to nininizeadverse inpacts.
STAFFIS CONUENT
Using the DNRrs definition of Bluff inpact zone, areas inchanhassen lrhich neet the 3OE slope. criteria inctude the bluffareas along Highway 212, Bluff Creek, Chicago/Northwestern Railroadand areas around Lake Minnewashta and Lotus Lake. The DNRregulations prohibit any structures or accessory facilities, exceptstairways and landings, within the bluff irnpacC zone. fn additio;,the regulati.ons require an additional 30 foot setback for a
BIuf fl,ine Preservation Ordinance
March 26, l-991-
Page 5
structure from the top of the b1uff. The DNR regutations do allowstaj-rways, lifts and landings within the bluff irnpact zone butrequires specific design requirenents. The DNR regulations alsohave standards for steep slopes. The regulations a1low thelocation of roads, driveways, structures and other improvements onsteep slopes and reguires the designated official to evaluate soilerosion inpacts and developnent visibility. Development within asteep slope must be designed to prevent erosion, preserve existingvegetation and screening of structures, vehicles and otheifacilities. The DNR regulations reguire a filling and gradingperrnit for the movement of more than 10 cubic yards of nateiial onsteep slopes or bluff inpact zones. The DNR regulations requireroads, driveways and parking areas to meet structure setbacks andthat they cannot be placed within the bluff irnpact zones when otherreasonable and feasible alternatives exist. If no alternativesexist, they nay be placed within the bluff inpact zone but rnust bedesigned to minirnize adverse impacts.
Provide an intent statement. The bluff preservation ordinanceshould first have an intent statement ctearly stating thepurpose of the ordinance. If our intent is to not pennit anyalteration within the bluff iurpact zone and limit alterationwithin the steep slope area, the foLlowing intent statementcould be used:
The City finds that developnent, excavation, clearcutting andother activities within the bluff inpact zones and steep slopeareas may result in increased dangers of erosion, i.ncreasedvisibili.ty to surrounding properties and thereby endanger thenatural character of the land and jeopardize the health,safety, and welfare of the citizens of the city. To preservethe character of the bluff inpact zone and steep slope areaswithin the city, alteration to the bluff inpact zone will notbe permitted and only certain requlated activities will bepermitted within the steep slope areas within the city.
Provide for a penrit process for the Location of stairsrays,lifts and landings within the bluff irnpact zone and forstructures or other alterations within the steep slope areas.The ordinance will provide an application section explainingthe application process sinilar to a wetland alteration permitor grading/mineral extraction perrnit. staff is working lriththe Engineering Department to deternine what information wouldbe required as part of the permit. The pernit would gothrough the same process as a wetland alteration permit witha public hearing in front of the Planning Cornmission and adecision nade by the City council. In addition, the ordinance
should provide standards for which the final decision will bebased on such as:
1
2.
Bluffline Preservation Ordinance
I'Iarch 26, 1991
Page 6
whether the application is complete, accurate and in all-respects conforms with the intent section of this
ordinance.
Whether the proposed developnent will result in erosionproblens .
whether the proposed developnent is located in the nostvisually inconspicuous area of the 1ot.
d. whether the proposed developurent wiLl alter vegetation,topography or other natural features of the 1and.
3. Provide a better definition of r^rhat type of clearing ofvegetation is perrnitted.
Staff is working with the DNR to specify a maxiruum size of treewhich can be removed fron the bluff or slope area. Sinply sayingyou cannot cLear cut is too vague and can be interpreted as a1t bui2 trees which is not our intent. The size of tree wilt be basedupon visual and slope stabilization factors. Attached areregulations fron the St. Croix Riverway. The St. Croix Riverwayregulatj.ons reguire a pernit for any vegetative cutting and furtherprovides standards for issuance of the pernit, such as maximun 6rrdianeter at breast height (4 ft.),
SUMI{ARY
At this time, staff would like the planning CoDmission to commenton the following issues.
l-. What should be the intent of the ordinance? No alteration tobluff inpact zones including no vegetative renoval?
b
c
2 Are the DNR regulations a good base fron which to create ourown ordj.nance? Does the planning Commission agree with thestandards, definitions, etc. of the DNR regulations?
What objectives do we want to be met when considering arrbl,ufflsteep slope perrnit? Do we want to also require avegetative cutting perrnit process?
3
ATTACHMENTS
DNR RegulationsSt. Croix Riverway Regulations
DNR Illustrations
1
2
3
or-r-Aa-+e Rerru-rcap bwr lnpg?..t *_ a--17ay4 AeLH(c,r.{Lt a*W L+m+ 'i+. .fUaf Oe_oct a-t fac_e. b
INTRODUCTION
sAMpLE sHo*#*, .RDTNANCE
This introduction is intended as a guide for.lhe use of the Department of NaturalResources', "Sampre S.horerand oidinance", dated January rl rsso. *hri tnir,i*i r...nut a step-by-step explanation of the sample ordinance. I-ocal officials will have loul!,jllos.eae311;n drafiing their shoreland-ordinance, and hopefully after consultzrrion
wrt h thetr DN R area hydrologist.
This-sample ordinance is not a free-standing set of zoning and subdivisionregu.lations. It could be adopted as a separite section(s)"of exisrinq zoninc an(lsrbdlvrsron regulations. The community/user may finci iome of thd recom-mentletl
language duplicative or rhe user may wish to disstict rhe sample or<ri*nci iiii - --
incl*sion into the approp.riate separite parts ofa compreheirsive zoning inttsubdivision code. The DNR will-accept'any legitimate ordinance firrmiii thirtcontains the necessary regulatory lanjuage.
The format of this document is a section-by-section discussion of the samnleordinance. A given explanation of a sectio-n may be brief, advising only rvhether thcprovrslons are optionai or mandatory. Other explanations may be lenlthy antl
tlescribe. rvhich Ianguage is required br how comprehensive or complei isiues irrc l.be ha ndled.
Prior to spending a.consicierable amount of time on preparing a cirali shorelanrlrlrtlinitnce, local officials should contact their area tryO rcitogisitor fLrrrher clirlcciiorr
QLrestions should be ret'erretr ro rhe community's ar6a hydiorogisr ,rr i,, 1r, i i j 1lc-',lft00.
SECTION 1.0. STATUTORY AUTHORIZATION AND POLICY
It is recommended tha.t the provisions of Sections 1.1 and 1.2 or similar pro'isions be
rnclude.d in a commrrnity's zoning controls. This will establish lecislative authorirl:rnd polic'ies for ttre ordinance shbuld a later appeal or court action lirlk^v. Acommunity may have an existing zoning ordinirice section that <jeals rvith statrrror.r,,authorization and policy, rvhere these s-iatutory and rule citations ancl policies c.trirl
be included.
SECTION 2.0 - GENERAL PROVISIONS AND DEFINITIONS
Again, a community with existing community-wide land use regulations probably lrirrmost or all of the provisions in Sections z.l : 2.6. Those comm-unities thht do n<it rr reencouraged to include these Sections.
The definitions in Section 2.7 are generally the minimum definitions necessarv tor ircompliant shoreland ordinance. obviousli,, a community could amen<j a ttet'iiiiiriri r.
rnake it more comprehensive/restrictive. A definition may not be necessarv il a uivr:rrfeature or Iand use is not present in the community or a r6gulatory opti<ln is notitr hcchosen. For example: l)ihe definition of "guest cbttage" ioutd nor'he neerietl il rh,.l
community.opts ro ne1 allorv guesr cotragesby excludiri'g Section 5.14, C of rhesample ordinance (page 19) tiom their a-dopt-ed ordinaice; or 2) definitions of
I *l
2.711 Acce-sso.ry_ structure or facility. "Accessory structure" or "f ilcilil)/'
means any building_ or improve-ment subordinati: to a principal r.rse
which, because of the nature of its use, can reasonably be lo'caterl at or
greater than normal structure setbacks.
+( 2.112 Blutf. "Bluft'' means a ropographic fearure such as a hill, cliil, or.
embankment having the following characteristics (an area with an
average slope ofless than 18 percent over a distance for 50 feet or ntot.c
shall not be considered part oT the bluff;:
(1) Part or all ofthe feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level
of the waterbody;
(3) The grade of the slope_from the toe of the bluffto a point 25 llur
or more above rhe ordinary high water level averagei 30 percenr
or grea teri and
(4) The slope musr drain toward the waterbody.
i( 2.713 Bluff impacr zone. "Bluff impact zone', means a blulTantl lirndt located within 20 feet from rhe top bt a bluff.
2.714 Boathouse. "Boathouse', means a structure designed and usetl
solely for the storage of boats or boating equipment.
2.715 Building line. "Building line" means a line parallel to a lot line orthe ordinary high water level ar the required setbirck beyoncl rvhich ir
structure may not extend.
2.7.16. Commercial.planned unit developments. "Commercial plannctlunit developments" are typically uses th'at provirje transient, shbrt_rerrrr
lodging spaces, rooms, oi parctils and theii operations are essentiilllv
service-oriented. For example, hotel/motel dccommodations, .erorir,
recreational vehicle and camping_parks, and other primarily iervice- '
oriented activities are commriric-aiplanned unit deJelopmeits.
2.717 Commercial use. "Commercial use', means the principal use ol.
land or buildings for the sale, lease, rental, or trade of prodticts, grxxls.
and services.
2.718 Commissioner. "Commissioner,, means the commissioner of.rheDepartment of Natural Resoilrces.
2.719 Conditional use. "Conditional use,' means a land use or
development as defined by ordinance that would not be aDnronriaregenelally,but may be allo*ed with appropriate restrictioni hs riroviJetlby otlrcrar conrrors upon.a finding that ceitain conditions as dtitailett irrthe zoning ordinance exist, the use or development conforms to thecomprehensive land use plan of the community, and the use iscompatible with the existing neighborhood.
3
2.720 Deck. "Deck" means a horizontal, unenclosed platform wirh or
without attached railings, seats, trellises, or olher featlres, auached or
functionally relaled lo a principal use or site and at any poinr extenrlirr,.r
more lhan lhree feet above ground.
2.72l..Duplex,tripte", ,na quad. "Duplex," triplex," and "quacl" r.nelrrs rr
dwelling structure on a single lot, havihg two, three, and friur units,
respectivelyr being attached by common walls and each unit equippetl
with separate sleeping, cooking, eating, living, and sanitation faciiiiies.
2.122 Dwellingsite. "Dwelling site" means a designated location for
residential use by one or more persons using temiorary or movable
shelter, including camping and iecreationalieh ic'ie sirei.
2.723 Dwelling unit- "Dwelling unit" means any structurc or portion ot :r
structure, or other shelter designed as short- or long-lerm Iivihg quar-tcrs
for one or more persons, incluiling rental or timeshirre acc<lnrrrioil:rr io rr,
such as motel, hotel, and resort rooms and cabins.
2.724 Extractive use. "Extractive use" means the use of land titr surlircc
or subsurface removal of sand, gravel, rock, industrial minerals, othel
nonmetallic minerals, and peat not regulated under Minnesola StatLrtes.
sections 93.44 to 93.51.
2.725 Forest land conversion. "Forest land conversion" means the cle:rr
cutling of forested lands to prepare for a new land use other than
reestablishment ol a subsequent tbrest stand.
2.726 Guest cottage. "Guest cottage" means a structure usecl as ir
drvellin-q unit thar may contain sleeping spaces and kitchen irntl
bathroom facilities in addition to those provided in the prirnarv drvcllirrr1
unit on a lot.
2.727 Hardship. "Hardship" means the same as thar term is defined irr
Minnesota Statutes, Chapter 394 (for counties) or Chapter 4(r2 (tirr
m u n icipalities).
2.728 Height of building. "Height of building" means the vertical
distance betrveen the highest adjoining ground level at rhe buildinq or
ten teet above the lowest ground level, whichever is klrver, anrl rhri
highest point of a-flat roof or average height of the highest gable ol. ;r
pitched or hipped roof.
2.729 Industrial use. "lndustrial use" means the use of land or builtlinr:s
for the production, manufacture, warehousing, storage, or transler ol
goods, products, commodities, or other wholesale items.
$ Z.ZSO Intensive vegeration clearing. "Intensive vegetation clearing"
| ' means the complete removal of trees or shrubs in a contiguous prriclr.
strip, roq or block.
2.731 I.ot. "Lot" means a parcel of land designated by plat, mctes ancl
bounds, registered land survey, auditors plot, or othei atcepred means )
4
!
and separated from other parcels or portions by said description for the
purpose of sale, lease, or separation.
2.732 Lot wtdth. "Lot width" means the shortest distance between lor
Iines measured at lhe midpoint of rhe building line.
2.733 Nonconformity. "Nonconformity" means any legal use, structure
or parcel of land already in existence, iecorded, or autlorizet before
the adoption of official controls or amendments lhereto that would not
have been permitted to become established under the terms of the
official controls as now written, if the official controls had been in ettect
prior to the date it was established, recorded or authorized.
2.734 Ordinary high water level. "Ordinary high water level,, means rhe
boundary of public waters and wetlands, and shall be an elevation
delineating the highesr water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape,
commonly that point where the natural vegeration chances iiom
predominantly aquatic to predominantly rErrestrial. Foi watercou rrer.
the ordinary high water level is the elevation of rhe tof: of rhe bank trl
the channel. For reservoirs and flowages, the ordinary high water lcvel
is the operating elevarion of the normll summer pooll
2.735 Planned unit development. "Planned unit development', means rr
type of development characterized by a unified site desi'gn for a nunrber
of dwelling units or dwelling sites on h parcel, wherher f6r sale, renr, or
lease, and also usually involving clustering of these units or sites to '
provrde areas ol common open space, density increases, and a mix of
structure types and Iand uses. These developments may be organizccl
and operated as_condominiums, time-share ion<jominirjms,
cooperatives, f^ull fee orvnership, commercial enterprises, or any
combination of these, or clustei subdivisions of dw6lling units, '
residential condominiums, townhouses_, apartment builEings,
campgrounds, recreational vehicle parks,-resorts, hotels, niotels, ancl
conversions of structures and land uses to these uses.
2.736 Public waters. "Public waters" means anv waters as defined in
Minnesota Sratutes, section 105.37, subdivisions l4 and 15.
2.737 Residential planned unit development. "Residential planned urrir
development" means a use where the riature of residencv ishontransicrrr
and the major or primary focus of the development is ndt service-
orjented. For example, residential apartmenis, manufactured honre
parks, tjme-share condominiums, townhouses, cooperatives, antl tirll lcc
ownership residences wo-uld be considered as resid'ential plzinned unirdevelopments. To qualiS as a residential planned unir ddvelopmenr, irdevelopment must contain at least five dwalling units or srres.
2.738 Semipublic use. "Semipublic use" means the use of land bv aprivate,.nonprofit organization to prbvide a public service that is'
gllrnqrr]I. open to some persons outside the regular constituency of rhe
organrzatron.
5
2.739 Sensitive resource management. "Sensitive resource
management" means the preservation and management of areas
unsuitable for development in their natural state due to constraints such
as shallow soils over groundwater or bedrock, highly erosive or
expansive soils, sleep slopes, susceptibility to flooding, or occurrence ol'
flora or fauna in need of special prolection.
2.740 Setback. "Setback" means the minimum horizontal distance
between a structure, sewage treatment system, or other facility and an
ordinary high water level, sewage treatment system, top of a blutl, roa(|.
highway, property line, or other facility.
2.141 Sewage treatment system. "Sewage treatment system" means a
septic tank and soil absorption system or other individual or cluster type
sewage treatment system as described and regulated in Section 5.8 of
this ordinance.
2.742 Sewer system. "Sewer system" means pipelines or conduits,
pumping stations, and force main, and all other construction, devices.
appliances, or appurtenanqes used for conducting sewage or industrial
waste or other wastes to a point of ultimate disposal.
2.743 Shore impact zone. "Shore impact zone" means land located
between the ordinary high water level of a public water and a line
parallel to it at a setback of50 percent ofthe structure setback.
2.744 Shoreland. "Shoreland" means land located within the follorving
distances from public waters: 1,000 feet from the ordinary high rvater
level of a lake, pond, or flowage; and 300 feet from a river or streilnr. ol
the landward extent of a floodplain designated by ordinance on a river
or stream, whichever is greater. The limits of shorelands ma1, be
reduced whenever the waters involved are bounded by topographic
divides rvhich extend landward from the waters for lesser distances ancl
when approved by the commissioner.
2.745 Significant historic site. "Significant historic site" means any
archaeological site, standing structure, or other property that meels the
criteria for eligibility to the National Register of Historic Places or is
listed in the State Register of Historic Sites, or is determined to be an
unplatted cemetery that falls under the provisions of Minnesota
Statutes, section 307.08. A historic site meets these criteria if it is
presenlly listed on either register or.if it is determined to meel the
qualifications for listing after review by the Minnesota state
archaeologist or the director of the Minnesota Historical Society. All
unplatted cemeteries are automatically considered to be significant
historic sites.
* 2.746 Steep slope. "Steep slope" means land where agricultural activitl
or development is either not recommended or described as poorly
suited due to slope steepness and the site's soil characteristics, as
mapped and described in available county soil suweys or other technical
reports, unless appropriate design and construction techniques and
faiming practices are used in accordance with the provisions of this
ordinanct. Where specific information is not available, steep slopes are
)
6
x
x
lands having_ average sJopes over 12 percent, as measured over
horizontal distances of 50 feet or moie, that are not bluffs.
2.747 Structure. "Structure" means any building or appurtenance,
includ.ing decks, except aerial or underhound uiitiry firies, such as seu,er,
electric,. tele-ph.one, telegraph, gas Iines] towers, polLs, and other
supportrng lacllrtres.
2.748 Subdivision. "Subdivision" means land that is divided for rhe
purpose of sale, rent, or lease, including planned unit developments.
2.749 Surface water-oriented commercial use. "surface water-orienre(l
commercial use" means the use of land for commercial purposes, rvhere
access to and use of a surface water feature is an integril pirt of ttre
normal conductance of business. Marinas, resorts, arid restaurants with
transient docking facilities are examples of such uie.
2.750 Toe of the bluff. 'Toe of the bluff 'means the lower point ol a 5()-foot segrnent with an average slope exceeding 18 percenr.
2351 Topof the bluff. 'Top of th-e bluff ' means rhe higher poinr ot :r
5O-foot segment with an average slope exceeding l8 peicenr.
2.752 Yariance. "Variance" means the same as that term is definecl or
described in Minnesota Starutes, Chapter 394 (for counties) or Chaiprer462 (for municipaliries).
2.753 Water-oriented accessory structure or facility.,,Water-orienrcrl
accessory structure. or facility" means a^small, abovi: grouncl builtling orother tmprovement, except stairways, fences, docks, -and retaininq ri.rlls.rvhich, because of the relationship of its use to a suriace rvater t'ei-rturc.reasonably need.s to be located closer to public waters than the nrtrnr;rlstruclure serback. Examples ofsuch structures and facilities include
boathouses. gazebos, screen houses, fish houses, pump houses, a nddetached decks.
2.754 Wetland. "Wetland" means a surface water feature classified as irwetland in rhe United States Fish and Wildlife Service Circular No. 39(1971 edition).
1
SECf ION 3.0 . ADMINISTRATION
3.1 Permits Required
3.11 A permit is required for the construction of buildi ngs or building
additi ons (and includin s such related activiti es as conslruction of decks
and signs), the installat ron an d/or alteration of sewa ge treatment
sys
5.3
tem
of this ordinance. A
s, and those gradi
pplication for a permit shal
ng and filling activities not exempted by Sectiorr
I be made to the
(des
The
lgn
application shal
ated official)
tn et e necessary ln formation so that the
on the forms provided.
u
suitabi lity foiaheintende
(des rg
d
nated official) Can determine rhe site's
use and that a compliant sewage treatment
system will be provided.
-). _
3.12 Permits shall stipulate that any identified nonconforming servage
treatment system, as ilefined by Se6tion 5.8, shall be reconslrircted o-r
replaced in accordance with the provisions of this ordinance.
Certificate of Zoning Compliance
The _ (designated official) shall issue a certillcarc ot
zoning comph-ance i6r eacti acri-vity requiring 6 permit as spccitierl in
Section 3.1 of this ordinance. This certificate will specity thirt thc use ot
land conforms to the requirements of this ordinanc'e. Ahy rrse,
arrangement, or construction at variance with that authoiized by pernrir
shall be deemed a violation of this ordinance and shall be punishiible rs
provided in Section 2.3 of this ordinance.
3.3 Variances
3.31 Variances may only be granted in accordance with Minnesora
Statutes,-Chapter.394 (fbr co-unties) or 462 (tbr municipaliries), irs
applicable.. A variance ma_y not ciriumvenr ihe generai purpoles antl
intent of this ordinance. No variance may be grinted thht rvoukl alkrrv
any use that is prohib]ted in rhe zoning distric[ in rvhich rhe subject
prolerty is located. Congitions may bt imposed in the granting of a
variance to ensure compliance and to protect adjacent properties anrl
the public interest. In cbnsidering a vdriance retjuest, tire doard of
adjustm-ent must also consider whether the proparty owner has
reasonable use of the land without the variahce, whether the propert.v is
used seasonally or year-round, whether the variance is being ieqiiesti.l
solely on the basis of economic considerations, and the char-acteiist ics rrt'
development on adjacent properties.
3.32 The board of adjustment shall hear and decide requesrs l'or '
variances in accordance with the rules that it has adoptdd tbr the
conduct of business. When a variance is aooroved atier the Denarrrnenr
of Natural Resources has fcrmally recomrir6nded denial in rhe fiearin-q
record, the notification of the apfroved variance recluired in Section "
3.42 below shall also include rh6 board of adjustmeni's summary o[ the
public record/testimony and the findings of facts and conclusioris which
supported the issuance of the variance.
i
8
-). +
3.33 For existing developments, the application for variance musr
clearly d-emonstrate whether a conformlng sewaqe treatment sysrerr is
prese-nt for the intended use of the propefty. Th"e variance, if issuecl,
must require reconstruction of a noncohforming sewage treatment
system.
Notifications to the Department of Natural Resources
3.41 Copies ofall notices ofany public hearings to considcr varianccs.
amendments, or conditional uses under local shoreland manlrgemenr
controls must be sent to the commissioner or the commissioner's
designated representative and postmarked at leasr ten days befbre the
hearings. Notices of h-earings to consider proposed subd ii,isions/plats
musl include copies of the subdivision/plai.
3.42 Acopy of approved amendmentsand subdivisions/plats, rind linirt
decisions granting variances or conditional uses under lolal shrlrelanri
managemenl controls must be sent to the commissioner or the
c-ommissjoner's designared representalive and postmarked s,ithin rerr
days of t)nal action.
9
4.(}. SHOREIAND CLASSIFICATION SYSTEM AND LAND USE DISTRICI'S
4.1 ShorelandClassificationSystem
The public waters of ' (local government name) have bee rr
class'ified below consiTiEifEilE-IhEciiteriifound in Minnesota
Regulations, Pan 6120.3300, and the Protected Waters Inventory Map
for _ County, Minnesota.
4.11 The shoreland area for the waterbodies listed in sections 4.12 and
4.13 shall be as defined in section 2.744 and as shown on the Official
Zoning Map.
4.12 l-akes
A. Natural Environment Lakes
Protected Waters
Inventorv I.D.#
Protected Waters
to #
Protected Waters
Inverrtorv LD.#
Legal Descript ion
Leqal Descrint ion
B. RecreationalDevelooment[-akes
(list here and designate
on official zoning map)
(list here and designate
on otTicial zoning map)
(list here and designate
on official zoning map)
4.13 Rivers and Streams
C. General Development Lakes
A. Remote Rivers
B. Forested Rivers
C. Transition Rivers
(list river names here and
show boundaries of district
on official zoning map)
(list river names here and
show boundaries of district
on official zoning map)
(list river names here and
show boundaries of district
on official zoning map)
10
)
a\
Legal Description
D. Aqricultu ral Rivers
(list river names here and
show boundaries of district
on official zoning map)
E. Urban Rivers
(list river names here and
show boundaries of district
on official zoning map)
F. Tributa Streams
(list river names here and
show boundaries of district
on official zoning map)
*All protect
government
ret'erence, n
considered'
ed watercourses in the _ (local
) shown on the Protecteli-WElEii-lnveirrorv Man tirr
County, a copy of which is hereby adopreci by '
ot given a classification in Items A-E above shall bc
Tributary".
4.2 Land Use District Descriptions
4.27 Criteria For Designation. The land use districts in Section 4.22.
and the delineation of a land use districr's boundaries on rhe Official
Tning Map, mustbe consistent with the goals, policies, and objictives
of.the. comprehensive Iand use plan (whei'availible; anO ttre t'oilorving
criteria, considerations, and objectivi:s:
A. General Considerations and Criteria for All Land Uses:
(1) preservation of natural areas;
(2) present ownership and development ofshoreland areas:
(3) shoreland soil rypes and their engineering capabiliries;
(4) topographiccharacterisrics;
(5) vegetative cover;
(6) in-water physical characteristics, values, and constraints;
(7) recreational use of the surface water;
(8) road and service center accessibility;
(9) socioeconomic dev-elopment needs and plans as rhey inr,<llve
water and related lanri resources;
[-ega I Descript iorr
Lrgal Descrintion
l1
B
(10) the Iand requirements of industry which, by its nature,
requires location in shoreland areas; and
(11) the necessity to preserve and restore certain areas h:rving
significant historical or ecological value.
Factors and Criteria for Planned Unit Developments:
(l) existing recreational use of the surface wates and likely
increases in use associated with planned unit developments;
(2) physical and aesthetic impacts of increased density;
(3) suitability of lands for the planned unit development
approach;
(4) level of current development in the area; and
(5) amounts and types of ownership of undeveloped lands.
4.22 I,and Use District Descriptions. The land use disrricrs providerl
below, and the allowable land uses therein for the given clasiificarions ol
waterbodies, shall be properly delineated on the Otficial Zoning N4rr1r
for the shorelands of ihis'codmunity. These land use districts a"re in'
conformance with the criteria specified in Minnesota Regulation, Part
6120.3200, Subp.3:
(Note: hrclude eitlrcr tlrc followittg tables of land ua districrs b1,
classitication, modified tables meeling starc stundards or a rcfcratrcc to un
existirry ord mnce with lond use desciptions meeting stata stondurds.)
)
12
A. Land Usc Disrricts For Lrkcs
Cen.ral
Dcvclopmcnt
[-akes
Rccrearional
Dcvelopmenr
L-akes
\alur.rr
Eor iron;::;
L.r kcr
(l)
lpcccial
Prorecrion Disrrict-
.Forcsr managemcnt p
-)cnstlrye rcsourccmanagcmcDt P-Agricultural: cropland
and pasturc p
.Agricuhural fccdlots C-Parks and hisroricsircs C
-Errradivc use C.Singlc rcsidcnriat C.Mining of mclatlic
mincrals and pcar P
(:) Rcsidcnrial Disrricr - Uscs
-Single rcsidcnrial p-Scmipublic C-Parks and histonc sires C-Ertracrivc usc C.Duplex, rriplex. quadresidcnrial P.Foresr managcmcnt p
.Mining of mcrallic
mincrals and pcat P
(3) High Dcnsir-v Residential Dislrict-
Usas
P
P
P
C
cc
c
P
P
P
Pc
cc
c
P
P
c
C
C
C
P
P
P
c
cc
P
P
P
C
P
c
C
c
P
P
c
P
c
cc
P
P
-Rcsidenual planned untrdevelspqgll5 C
-Singlc risrdcnrral P-5urlacc walcr oricntedcommcrcial' C.Scmipublic C
-Parks and hisroric sircs C.Duplex. lriplcx. quadrcsidenlial P
-Forcst managcmcnt P
(4) Warcr Oricntcd Commcrical
Disrict . Uscs
.Surfacc watcr.oriented
commcrcial
-Commcrcial planncd unil
dcvgl996611"
.Public. icmioubtic
-Park and historic sircs
-Forest managcment
(5) Gcncral Usc District - Uscs
-Commcrcial
.Commcrcial Dlanscd unir
dcvcls9666i"
-lndusrrihl
.Public. scmipublic
.tsrtaacttvc trsc.Park and hisroric sics
-Forcst manaecmcnr
-MiDing of mc-rallic
mincrals and pcat
P
ccc
P
P
cc
L
P
c
c\ccc
P
P
P
cc
P
Cc
P
P
P
cc
Pcc
P
P
c
cc
c
P
'As acccssory ro a rcsidcntial Dlanncd unir dcveloDmenr"Limlcd crpansron ofa commcrcial planncd un ir'develonmc nt rn\,,:\ -up lo srxaoorrtonal dwclltng unitsorsiics may bc allovcd iis.r ocr:t::l:-.:uic Pror rdcd lhe provistons ol SCcriOn 8.0 Of
'rhls ordtnancr ilre s.,t,\:.. -:
t3
B. [.and Usc Dtsrficis for Rl!ars lnd Sreams
Rc- Fo,. Trans-
motc estad ltion
Agr-
ruhurJl L
,/.\
I
(ll
r,:
ptcia I Protecr ron Dis trict.
P
L
C(
P
P
c
c
c
(-
P
P
Pc
ccc
P
P
P
cc
C
P
P
c
c
C
f-,
i,
?
Pc
c
c
C
P
P
Pc
c
L
c
P
P
P
Pc
cc
C
P
c
c
Ncc
c
P
P
-Forcst managcmcnl p
.5cnsrllve tcsourccmanagcmcnr P.Agncuhural: cropland
and pasrurc P-Agriculturalfccdlors C.Parks and hisroricsitcs C.Exrracrive use C
.Singlc rcsrdcntial C
-Yinrng oi merallic
mincrals and pcar P
(:) Residcnrial Diitricr . Uscs
.Singlc rcsidenrral
.Scmtpublic
.Parks and hisrorrc
sires
-Exlractivc use
-Duplcr. rnpl.x. quad
rcsidenlial
.Forcst managcment
.\'lining of melallic
mincrals and pcat
(l) High Dcnsrry RcsidcntEl.
Uscs
PPcc
cccc
ccPP
PP
PPP
ccc
PI'
C(
-Rcsidcnrial planncd
unit dcvelopmcnts
-Srnqle residentral
-Surhce warer oriented
commerclal*
.Scmrpr.rblic
.Parks and hrstorrc
sitet
-Duplcr, triplex. quad
rcsrdential
.Forcst managcmcnt
(1)Watcr-ori.nted Commcrcial-
Uscs
C
P
C
c
(
P
?
c
P
cc
c
P
P
C
P
cc
C
P
P
c
P
c
C
c
P
P
c
P
c
c
P
P
.Surfacc watcr.oricntcdcommercial C
-Commcrcial planncd
unit dcveloDmcnr' C
-Public. semibublic C
-Parks and hrstoricrirci C
-Forcst managcmcnt P
(5) Gcncral Usc Disrrict. Usci
cc
c
P
c
P
c
P
c
P
c
P
cc
c
P
-Commcrical
-Commcrclal planncd
unit develooment".lndusrrlal '
.Public, s.miDublic
.Extractrve uie
.Parks and hisroric
srlcs
-Forc5r managcmcnr
.Yinrne of melallic
mincials ard pcar
'As acccssory ro a residcntial planncd unit dcvclopmcnt" Limrtcd c:(pansion of a commcrcial planncd unit dcve loorn< n I rrr ,: . ..-
up lo six add irronal dwclling uniti o. siics may be allowe,J iis.r prlrn,r:r.: -
usc ptovided the provrsiona of Sccrlon 8.0 of ihrs ordinancc arc s.rrr,r rr,r
C
C
(
(
L
P
c
c
P.c
c
P
P
c
c
N
cc
c
P
P
C
c
Ncc
c
P
P
c
cc
C
C
c
P
P )
74
I
(
l'
i,
4.23 Use and Upgrading of Inconsistenl Land Use Districrs.
A. The land use districts adopted in- Ordinance Number _,Section _, as rhey apply to shoreland areas, and tEEli-
delineated boundaries on the Official Zonins Man. are nor
consistent with the land use district designati-on ciiieria speciliutl in
Section 4.22 herein. These inconsistentland use districr '
designations may continue until revisions are propose<.! to chlrrruc.
either the land use district designationwithin hn ixisring lantl uir
district boundary shown on the-Official Zoning Mao or-to rn(xli,\,
the boundary of an existing land use dislrict sh-own bn the Olf icirjl
Zoning Map'.
B. When a revision is proposed to an inconsistent land use districr
provision, the following additional criteria and procerjures slrall
APPIY:
(1) For Lakes. When a revision to a land use c.listrict clesignrrlirrrr
on a lake is considered, the land use district bourrclirricis llttl
use provisions therein for all the sh<lreland areas s,ilhirr tlrr..jurisdiction of this ordinance on saicl lake mLrst be rcvisctl rrr
make them substantially compatit)lc with rhe ll.:rnrcrvrrrk il
Secrions 4.21 and 4.22 5f this brdinance.
(2) For Rivers and Streams. When a revision ro a lan(l uscdistrict designation on a river or stream is r;roDosecl. the I:rrrrl
use district boundaries and the use provisiitns'r here in lirr.;rll
shoreland on both sides of the river'or strealr rvithirr rlrc
same classitication within the jurisdiction of this orclinrrrrcc
must be revised to make theni substantiallv cotnDaril)lc willr
the framework in Sections 4.21 and 4.22 ot'rhis tirdinarrcc. Irthe same river classification is corrtiguous lilr more thuu :rfive-mile segmenl, only the shorelari<l tbr a disrance ol.2..i
mtles upslream and downstream, or to lhe class boulrtl:rr.r,il
closer, need be evaluated and revised.
C. Whe n an interpretat
Iand use fits within a
ion question arises about whether a s
go lnterpretation sllit I I
pecilic
giveh "use" cate ry, the
Whenbe made by the Boa rd of Adj ustment.a questron it scs ilsto whether a land use dis trict's boundaries a re roperly clelinc:r rcrlon the Otficial Zonin , this decision shall
p
b e made [], rhc
rning body).
When.a revision is proposed to an inconsisrent lantl use tlisrl.icr
lTyll.n by an individual party or.landowner, rhis inclivicluirl p:rrr,vor Iandowner will only be responsible to provide thc suf:ttrrrrinr.lano/or subslantlattng intbrmation for the specilic parcil'iri '
quesuon. I he _ _ (governing hody) rvill clirecr rhc
. , , -------(-desiqnatli officiai) ro riri:uiie-sucrraddltlonal intormation for this waterbody ai is necessary t() salisl\,Items A and B.
l5
D.
E.Tt q.- (governing body) must make a derailecl
lrndlng ot lact and conclusion when rakinq final action lhar rhis
revision,.and the uDgrading of any inconsistenr land use districrgestgnatlons on raid waterbody, arp consistent with the
enumerated criteria and use piovisions of Section 4.2.
)
16
.5.0. ZONING AND WATER SUPPLY/SANITARY PROVISIONS
5.I l-ot Area and Width Standards.
A. NaturalEnvironment:
The.lot area (in sqr:are feer) and lot width standards (in feer) for singlc.
duplex, triplex and quad residential lots created afterihe dafe of
enactment of this ordinance for the lake and river/stream classillcati()ns
are the following:
l
5.11 Unsewered lake s
Riparian LotsArea Width
Nonriparian LotsArea Width
Single
Duplex
Triplex
Quad
80,000 200
l(10,000 400
240,000 600
320.000 800
80,000 200
120,000 300160,000 400200,000 500
Recreational Development:
Riparian LotsArea Widrh
B.
Nonriparian L.otrArea Witlth
C. CeneralDevelopment:
Single
Duplex
Triplex
Quad
Single
Duplex
Triplex
Quad
40,000
80,000
120,000
160,000
40.000
80,000
120,000
160,000
40,(xx)
80.000
120,0u)
160,(xx)
150
225
300
375
l-i0
265
375
490
l_i()
2(r.i
37-i
490
Riparian LotsArea Width
20,000 10040,000 18060,000 26080,000 340
Nonriparian LotsArea \\/irlrh
t7
5.12 Sewered [-akes:
A. NaturalEnvironment:
Riparian LotsArea Width
40,000
70,000
100,000
130,000
Nonriparian LotsArea Widrlr
B
20,000
35,000
50,000
65,000
C. Ge neral Development:
Recreational Development:
Riparian LorsArea Widrh
Nonriparian LotsArea Witlth
Single
Duplex
Triplex
Quad
Single
Duplex
Triplex
Quad
Single
Duplex
Triplex
Quad
125
225
325
425
75
r35
195
255
20,000
35,000
52,000
65,000
15,000
26,000
38,000
49,000
t25
220
3r5
4l0
75
I :1.5
190
2,1-i
Riparian LotsArea Widrh
15,000 7526,000 13538,000 19549,000 255
Re- For-mole esled
Trans-
ition
300 200 250450 300 375600 400 500750 s00 625
Nonripari:rn l-orsArea Witirli
10,000 7.i17,500 ti525,000 19032,500 215
Urhan <t
Tributarv
No servcr' Scrr ct
Agri-
cullural
r50
225
300
375
100
150
200
250
7.i
il5
| 5(,
i9(l
5.14 Additional Special Provisions.
A. Residential subdivisicns with dwelling unit densjties exceetlins
those in the tables in Secrions 5.12 an-d 5.13 can onlv be alklvitl ir
designed and approved as re.sidential planned unit ttevekrynrerrr:,
under Section 8.0 of this ordinance . Only land above rhe rirdirr:rrv
high water level of public waters can be used to meet lor area
standayds, and lot width standards must be met at both the
)
18
Sinule
Duilex
Triplex
Quad
5.13 River/Stream LoI Width Standards. There is no minimLrnr krr sizc
requirements for rivers and streams. The lot wictrh standarcis tilr sinrlle.
duplex, triplex and.qua-d residential developments I'or rhe six
nver/slream classtttcat ions are:
ordinary high water level and at the buildinc line. The se$,er lol
area dimensions in Section 5.72 can only biused iI putrlicll, ou,rrcrl
sewer system service is available to the iroperty. '
lubdivisions of duplexes, triptexes, and quads on Nalural
Environnrent hk6s musi alio meet the following stanrjarcls:
(1) each building musr be set back at least 200 feet tiom rhc
ordinary high water level;
(2) each building must have common sewage treatment an(l
water syslems in one location and serve-all dwelling unirs irr
the building;
(3) watercrafr docking facilities for each lot must be centralizcrl
in one location and serve all dwelling units in rhe buikliru:
and
(4) no more than 25 percent of a lake's shoreline can lle rrr
duplex, rriplex, oi quad developments.
One-guest cottage may be allowed on lots meetint ur cxceettrnr.lthe duplex Iot area and width dimensions Dresenl;d in Secriorri
5.1 l-5.13, provided the following srandardi are met:
(l) lbr l<lts exceeding the minimum lot dirnensions trt tluplcr
lots, the guest cottage must be located rvithin the snr:ilh.:sr
duplex-sized lot that could be created inclucling the pririiip:rl
drvelling unit;
(2) a guest cottage must nol cover more than 700 strua re lcL.r ol
land surface and must not exceed 15 feet in heighr; ancl
(3) a.g.ues.t cortage mus,t be located or designed to reducc irsvisibiliry as viewed from public waters ind arJiacenr
shorelands by vegetation, topography, increaied selh;!cks ()j
color, assumlng summer leat'_on conditions.
Lots intended as controlled accesses to public waters rrr :rsrecreation areas tbr use by owners of ncinriparian l<lrs rvitlrirr
subdtvistons are permissible and must meei <lr exceed rhcfollowing standaids:
(l) they must meet the width and size requirements forresidential lots, and be suitable for thi: intended uses o[controlled access lots.
(2) If docking, mooring, or over-waler storaee o[ more th rr sir(6) watercraft i: to be allowed at a contr6lled access lol. rlrcrrthe rvidth of rhe lot (keeping rhe same k)t deplh) rnusr hr
tncreased by the percent of the requirement! ti)i rinariiulresidential lots fol each watercraft'beyonct six, cons'isrerrrwirh rhe following table:
C.
19
B.
D.
Controlled Access Lot Frontage Requirements ,,.\j
Ratio of lake size
to shore Iength
(acres/mile)
kss than 100
100-200
201-300
301-400
Greater than 400
Required increase
in frontage
(percent)
25
20
l5
l0
5
-i.2
(3) they must be jointly owned by all purchasers o[ lots in rlrc
subdivision or by all purchasers ol nonriparian lots in rhc
subdivision who are provided riparian aicess rights on rlrc
access kltl and
(4) covcnirnts or other equally ettbctivc legal instrunrenls rnLrsr
be developed that sp€ciff which lot owiers have authorirr. ro
use the access lot and what activities are allorvcd. Thc
activities may include watercraft launchin{, loatlin!.1, slot-irq(..' beaching, mooring, or docking. They musi also inilutle or'lr..r.
outdoor recreational activities that <io not siunil'icantlv
conflict with general public use of the public-water rrr'rlrc
enjoymeq! of normal-property rights by adjacenr prol.rc'r.rl
owners. hxamples of the nonsignificant conllicr ircrivirics
include swimmjng, sunbathing,6r picnicking. Thc cove n:r rrr s
must limit the loial number o-fvehicles alloivetl ro l.lc parkctl
and the total number of watercraft allowed to hc' continuously moored, docked, or stored Over $,trrer. arrtl
must require centralization of all common tacilities irnrl
aclivities in the most suitable locations on thc lor tu rlirrrnrizt.
topographic and vegetation alterations. Thcy rnusr irlso
req.u.irc all parking areas, storage buildings, iind orhcr
tacilities to be screened by vegetation or toDorftrDhv trs turrclr
as practicirl f-rom view.fro-m thi public rvater, ir.u'.',in,.t
summer, leaf-on conditions.
Placement, Design, and Height of Structures.
5.21 Placernent of Strucrures on [-ots. When more rhiln onc rcll)llck
applies to a site, structures and facilities must be located ro ntecr all
setbacks. Where structures exist on the adjoining lots on bclrlr sirles o! lr
proposed building site, structure setbacks may bC alrered s,irhout a
variance lo conform to lhe adjoining setbacks'from the ordinary hi{h
water level, provided the proposed building site is not located iir a lholc
impact zone or in a bluff impact zone. Structures shall be located as
follorvs.
l
20
Classes of
Public
Waters
[.akes
Natural
Environment
Recreational
Develooment
General'
Development
Rivers
Slructures
Unsewered Sewered
Sewage Treatrnent
S-vrtem
150
75
50
Structure and On-site Sewage System Setbacks (in feet) tiorn
Ordinary High Water [rvel*.
Setbacks*
150
100
75
150
75
50
Setback (in feet)
30
50
50
,xt
(3) right-of-way line of
federal, state, or
county highway; and
(4) right-of-way line of.
town road, public street,
or other roads or streets
not classified.
C. Bluff Impact.Zones. Structures and accessory facilities, exccpr
stairways and landings, must not be placed within bluff impair
zones.
Remote 200 2N 150
Forested andTransition 150 150 100
Agriculture,
Urban, andTributary 100 50 '15
+One water-oriented accessory structure desiqned in accordance wit lr
Section 5.22 of this ordinance hay be set baclf a minirnum clislance ot'
ten (f0) feet from the ordinary high water level.
B. Additional Structure Se tback. The followins additional strucl urc
setbacks apply, regardless of the classificatioi of rhe rvarerbocty:
Setback From:
(1) top of bluff;
(2) unplatted cemetery;
20
#
2t
D. Qses. Without Water-oriented Needs. Commercial, industrial,
public and senri-public uses without water-oriented'neecls rnuir 1.,.
localed on lots or parcels without public walers frontage, or, il
located on lots or ilarcels with pudlic waters fronta.ge, -must cirhe r
be set back doubli the normal brdinary hish warer'icvcl serl)irck r )r
be substantially screened from view fr6m i-he water by vegct:rriorr
or topography, assuming summer, leaf-on condirions.
5.22 Design Criteria For Structures.
A. High Water Elevations. Structures musl be rrlaced in accorclancr:
with any floodplain regulations applicable to rhe sire. Where rhcsr..
controls do not exist, the elevation to which the lorvest l1oor,
including basemenr, is placed or flood-proofed must be
determined as follows:-
(l) frlr lakcs, by placing the lowest tloor ar a level lr lcasl rhi(c
leet al>rrve the highest known water level, rlr tlrree l!ct lrl:, rr i.
the ordinary high water level, whichever is highe r;
(2)
(3)
tor rivers and streams, by placing the lowest lltrrlr irr lc:rsr
three feet above the flocitl'of rec-or<I, if data are availal.llc. ll
data are not available, by placing the lowest ltl<lr irr lc:rsr
three t-eet above the ordinary hieh waler level. tlr hv
conducting a technical evaluitio-n to determinc eflicrs ot
propose-d cons-truction upon flood stages and llrrurl lkrr.rr ;rrrLl
to establish a llood protdction elevati<in. Uncler irll rlrr.ue
approaches, technical evaluations must be done ltv ir
qualified engineer or hvdroloqist consislenr rvirh n:rrrs
61 20.5000 rd-61 20.620d gover-ning rhe manirrc mJnr rrl I I,,,.i
plain areas. If more tha-n one afiiroach is uied. rlre Iri,:lr...r
llood protection elevation deteiririnecl musr be u:crl liir
placing structures and other tacilities; and
water-oriented accessory structures mav have the klri,csr
floor placed lower than ihe elevation d6termined in rhis ircrrr
if the structure is constructed of flood-resistant materials lo
the elevation, electrical and mechanical equipment is 1tl:rer..tl
above lhe elevation and, if long duration lioricjins is
anticipated, the structure is built to wirhstand iciacriorr ;rrrrt
wind-driven waves and debris.
Water-oriented Accessory Structures. Each lot mav.have onc
water-oriented accessory structure not meetinq lhc'norrna I
structure setback in Seciion 5.21 of this orriina'nce it rhis rYarcr-
oriented accessory structure complies with the follorvinu
provrstons:
(l) thestructure or facility must not exceed ten feer in heiglrr.
exclusiv^e of safety rails, and cannot occupy an arelr grealcr
than 250square feet. Detached decks musr not excEerl cir:ll
feet above grade at any point;
B
22
I
+C
(2) the setback of the structure or facility from rhe ordinary lriulr
water level must be at least ten feet;
(3) the structure or facility must be treated to reduce visibilirv irr
viewed from public waters and adjacent shorelirnds lx,
vegetation, topography, increased setbacks or c()l0r,
assuming summer, leaf-on conditions;
(4) the roof may be used as a deck with safety rails, but musr nol
be enclosed or used as a slorage area;
(5) the structure or facility must not be designed or used titr
human habitation and must not contain water supply or
sewage treatment facilities; and
(6) as an alternative for general development and recreationirl
developme nt rvaterbodies, rvater-oriented acccssorv
structures used solely for watercraft storitqc. anrl inilLrtlirr,.l
storage of related bciaring and rvater-orieitcrl sl)orrin!
equipment, may occupy an area up to 400 s<1uaic lccr
provided the maximum width of the structure is 2(! tccr :rr
measured parallel to the configuration of the slrruelinc.
Stainvays, Lifts, and l:ndings. Stairways and lifrs are rhe
preferred alternative to major topographic alterations litr
achieving access up and down bluffs and steep slopes ro shorc
areas. Stainvays and lifts must meet rhe folloiving des iln
requrremenls:
(1) slainvays and lifts must not exceed tbur feet in rvidrh on
residential lots. Wider stainvavs mav be used tirr conl.tlc r...r;:
properties, public open-space iecreitional p(lperrics. rr rrtl
p)anned unit developmenrs;
(2) landings for stainvays and lifrs on residenrial lors u.rusr rrr:r
exceed 32 square feet in area. l-andinqs larqer rhan 32
square feet may be used for commerci-al pro'perties. public
open-space recreational properties. and plirnned unir
oevetopments;
(3) ctrnopies or roofs are not allorved on stain,zt.s. lilis. or
landings;
(4) stainva.vs, litis, and landings may be either consrrrrctc(l :rl-ii)', -.
the ground on posts or pilings, or placed inro lhc sLountl.
provided rhey are designed and built in a manner-rhirr
ensures control of soil erosion;
(5) stairways, lifts, ;nd landings must be located in rhe rnosr
visually inconspicuous porlions of lots, as vierverl frorn r he
surface of the public water assuminq summer. leat'-on
conditions, rvhi:never practical; and-
23
(6) facilities such as ramps, lifts, or mobiliry parhs.li)r physic:rllv
handicapped personi are also allowed i<ir achrevrng access t( r
shore areas, provided that the dimensional ancl perlilrrlrr rrt.c
standards of subitems (l) to (5) are complied wirh in
addilion tt) the requirein'ents o[ Minnestita Regularitrrrs,
Chaprer I340.
D. Signiticant Historic Sites. No structure mav be Dlacecl tu ir
signiticant historic site in a manner that afttcrs ihe valucs ol tlre
sitc unless adet;uate information about the site has bcen l cr.r.rovcrl
and documenred in a public repository.
E. Steep Slopes. The ?l-O.Orz+,cp*- (<jesigne<J o icial) nrurr
evaluate fossibte soIfEioijGfiE6EGEnE itereionmenr visitrit irv
frorn public rvaters before issuin! a permit lor construcrion ol'
sewage treatment systems, roads, driveways, structures, or ()thcr
tmprovemcnts on sleep slopes. When deterrnined neccssirrr,.
conditions tnusl be attacheil to issued perrnits lo I)t.cvct.n ur.;!:tr,:l
irnd to presen,e existing vegetat i<ln screeninu ol sirucrtrr.cr.
vchicles. irnd <lther lacilitiei as vierved fronr Ihc surtircc ot lttrlrlrLrvlrters, assurning sumnter, leal'-on vegetation.
5.2.3 Height of Structures. All structures in city resitJenrial riisrr.it.rs.
except churche.s and nonresidential agricultural structurcs, t.r.tLrsr r)()l
exceed 25 teet in height.
Shoreland Alterations
Alterations of ve.getarion and topography rvill be regularccJ ro prcve rrr
erosion into public waters, fix nu-triEntl, freserve shirrelirncl tresthcricsp{:f:1.9 his.toric values, prevenr bank slirmpin_u. ancl prolccr tislr rrrri!n'ildlile habitat.
Vegetation Alrerations.
Ve_qetation alteration necessary for the construction o[srrLrclulc:
rund serva-ee treatment systems hnd the construction of roads antl
parking areas regulated by Section 5.4 of this or<linancc are
exempt from the vegetation alteration standar<ls that tirlk^v.
Removal or alteration ofvegetation, except for aericullurirl antl
lbrest management uses as iegulare<j in Slcrions S.Cj and 5.6l.
respectfullv, is allorved subject to the lbllorving srirn(lirr(l::
5.3
,i.3 I
A
B
#
(l) lntensive vegeration clearing rvirhin the shorc and blult'
impact zones and on steep slopes is not allorved. Intenrrre
vegetation clearing for foiest lhnd conversion ro anolltcr usc
outside of these areas is allowable as a conriitional use it :r
erosion control and sedimentation plan is developed ancl
approved by the soil and water coniervation disr;icr in rvhich
the property is Iocated.
(2) In shore and bluff impact zones and on steep slopes. lirnircrt
clearing of trees and ihrubs and cutting, pruning. ancl
)
24
X
trimming of trees is allowed to provide a view to the \\,atcr
from the principal dwelling site-and to accommodate the
placement of stairways and landings, picnic areas, access
paths, livestock watering areas, beach and watercraft access
areas, and permitted water-oriented accessory structures or
facilities, provided that:
(a) the screening ofstructures, vehicles, or other facilities
as viewed from the water, assuming summer, leat'-orr
conditions, is not substantially reduced;
(b) along rivers, existing shading ofwater surfaces is
preserved; and
(c) the above provisions are not applicable to the removal
of trees, Iimbs, or branches lhdt are dead, diseasecl, or
pose safety hazards.
5.32 Topographic Alterations/Grading and Filling.
A. G-rading and filling and excavations necessary tbr rhe cunsrrucriorr
of ,str.uc.tures, sewage treatment systems, and-drivcrvays u ntlc r
validly issued construction permiis for these lacilities tiu not
require the issuance ofa separate grading and tilling pernrir.
Horwever, the grading and tilling stinaard's in rhis SJciion rrr.rsr l)(.
incorporated into the issuance of permits for construction ol'
structures, sewage treatment systems, and driveways.
B. Public roads and parking areas are regulated by Secrion 5.4 ot rhis
ordinance.
C. Nonvithstanding Irems. A. and B. above, a grading and fillin-['
permit will be required for:
(1) the movement of more rhan ten (10) cubic yards of rnarerial
on steep slopes or within shore or bluff impact zones; anrl
(2) the movement of more than 50 cubic yards of material
outside of steep slopes and shore and'bluff impact zones.
D The following considerations and conditions must be a<lherecl ro
during the iss.uanceof construction permits, grading and fillinu
permrts, condtttonal use permits, variances and subdivision
approvals:
(l) Grading or filling in any type 2,3,4,5,6, 7, or 8 werlantt rrrtrsr
be evaluated to determine'how extensivelv the Dronose(l
activity-would affect the following functional qrialiries of rhc
wetland*:
(a) sediment and pollutant trapping and retention;
(b) storage of surface runoff to prevent or reduce flood
damage;
25
(c)
(d)
(e)
(0
fish and wildlife habitat;
recreational use;
shoreline or bank stabilization; and
noteworthiness, including special qualities such as
historic signfi cance, critidalhabitai for endangered
plants and animals, or others.
aThis evaluation must also include a determination oI
whether the wetland alteration being proposed requires
permits, reviews, or approvals by othdr lotal, state, or feclerirl
agencies such as a watershed district, the Minnesota. Department of Natural Resources, or the United States
Army Corps of Engineers. The applicant will be so aclvisctl.
(2) Alterations must be designed and conducted in a manner
lhat ensures only the smallest amount of bare qrouncl is
exposed for the shortest time possible;
(3) Mulches or similar materials must be used, tvhere necessirr\r.
for temporary bare soil coverage, and a permancnr
vegetation cover must be established as ioon as possit e:
(4) Methods to minimize soil erosion and to traD sedimenrs
before they reach any surface water feature'must be use(j:
(5) Altered areas must be stabilized to acceptable erosion
control standards consistent with the fieitl office rechnical
guides of the local soil and water conservalion <listricts arrcl
the Unired States Soil Conservation Service;
(6) Fill or excavated material must not be placed in a manner
that creates an unstable slope;
(7) Plans to place fill or.excavare4 material on steep slopes rrLrsr
be reviewed by qualified professionals for conrihuecl slope
stability and must not create finished slopes of 30 percenr or
greater;
(8) Fill or excavated material must not be placed in blutf impircr
zones;
(9) Any alterations below the ordinary high warer level of public
waters must first be authorized bv the-commissioner under
Minnesota Statutes, section 105..i2;
(10) Alterations of topogra-phy must only be allowed if they are
accessory to permitted or conditional uses and do not
adversely affect adjacent or nearby properties; and
26
I
5.4
).)
(11) Placement ofnatural rock riprap, including associated
grading of the shoreline and placement of a filter blanker, is
permitted if the finished slope does not exceed three tcer
horizontal to one foot vertical, the landward extent of the
riprap is within ten feet of the ordinary high water level, a rrtl
the height of the riprap above the ordinary high rvater level
does not exceed three feet.
E. Connections to public waters. Excavations where the intenclecl
purpose is connection to a public water, such as boat slips, can ls.
lagoons, and harbors, must be controlled by local shoreland
conlrols. Permission for excavations may be given only after thc
commissioner has approved the proposed connection to public
waters.
Placement and Design of Roads, Driveways, and Parking
Areas.
5.41 Public and private roads and parking areas must be designed ro
take advantage of natural vegetation and topography l() achieve
maximum screening fiom view from public waiers. Documentation
must be provided by a qualitied individual that all roads and parking
areas are designed and constructed to minimize and control erosiorr lo
public waters consistent with the field office technical guides ol rlre lt:crrl
soil and rvater conservation district, or other applicable technicirl
nra t e rials.
5.42 Roads, driveways, and parking areas must meer struclure serbacks
and must not be placed within bluffand shore impact zones, rvhen orhcl
reasonable and feasible placement alternatives eiist. Ifno altern:rtivcs
exist, they may be placed within these areas, and must be designerl rrr
minimize adverse impacts.
5.43 Public and private watercraft access ramps, approach rcacls. antl
access-rclated parking areas may be placed within.shore impacl zor)cs
provided the vegetative screening and erosion control conclitions ol rlris
sutrpart are_ met. For private t'acilities, the grading and filling pnx,isions
of Section 5.32 ol'this brdinance must be m!t.
Stormwater Management.
The tbllorving general and specific standards shall apply:
5.51 Ceneral Standards:
A. When possible, existing natural drainageways, rverlancls, ancl
vegetated soil surfaces must be used to convey, slore, filrer. arrrl
retain stormwater runoff before discharge to irublic rvaters.
Development must be planned and conducted in a manner rhar
rvill minimize the extent of disturbed areas, runotT velocities,
erosion potential, and reduce and delay runotT volumes.
Disturbrid areas must be stabilized and protected as soon as
B
27
DNR T,IETRtr REE]trN b
FAX: ,612) 772-7977
PHoNE: (612)E1-21!Y
TEL : 612- 296 -27 69
Facsimile Transmittal
Coversheet
Metro Resion
Department of Naniral Resource s-
1200 Warner Road
St Paul, MN 55106
----:
rnou, C... \ S-\a+tr
0 Uf- - w.^l*d l:=
DATE:slvtlqt
- PAGIIS: T {= loro: IIP A^^ Olso'^
rf C,|.'r-"-, l,:-t't a.\
PURPOSE:
-
For your lnfiormation
-- - $Youtcquested
L /t* *c discusscd
-
For your approrral
-
Take appropriatc action
-_-- Rwiew and reurn
- -. -. Reply to sendcr
-
Othcr (sce rcmarls)
REMARXS:Sl*+ -..t J-l ov-.l-,-)-z)v J'J-.
oz dt;"^^
..
'1 --9t- u.rQ
r4o* rt''d.
<a\.T
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nat 27,91 11:55 N0.OO5 F.01/1,
?-{.
-'1
I
1-
1.ti^.
a.
I sEcTrON 5. usES I{ITHIN THE ST' cBolx RIVERWAY !
..l
501' Purpore'
"'l;"'ll?";:"i: i::::lll'lli,i'ilu?lui'itl"' "'u L':criteria for urea ln.thc.st'_Y:?1* ::=::::.:;;";.i-"ii"[", t"
iifi;ifi iii;!i;i"litiiilr';:tl:t;.:lu"l;:il:'l:li'"::1t;;:';".'d " i
-orohlbit ncrr rcgldei;i;i;-;;;";t9111 ' or lnduatrlEl uset that arr J-
inconeterent wlth .iiI'friiri.i'i-iiia i"a scenlo Rlverr Act, and thG
.iH;;i-;ii-si]i"io"crst.0ro1xBiverActg.
i' 5o2. PrrDltted ureE '
502.01 . A1I
oernltted ln tho'requircaentg of t
rtructureg eerocllted with the follorinr ulcs are
;;.-oili* RivGrrrav, -ubJect to thc dineneional-st. Croi:a BivcrwaY Ordinance '
(1) Congervancy
(2) Agriculturc
(3) sin81. FanllY Rceidcntlrl
502,O2. Acccr.ory Ures' Aocessory user wblch are lncldcntel to
tr," i"iiiii"a-piro".i'"ict or thc propirtv rro parDltted'
5q3. Sitc Procelvation' Tho followtn8 rtsndlrdc and criterle
are providca to pr..liiJ-i.i.tili"i "na topotrephlcal tcrcenlnt, lnd
to rctard lurlacc t"nloif, -IolI oroeionl and nutrlcnt logr'
( zo6?i3;?1i,.v:::ll:l;"r!Il'llt"' ::"1"* Illll"ulli'l:tlT'1"1""
iiii'la-i"ii-fioo;i ;i ah; o"il""rv.hlth Hatcr oark ln urban
dicrrictrl and forty i.Jt-rio;i i.ira""ia of bluffllnes and on alopc
ireater than twclva piiiJ"i'irit)-i" err dlrtrlote, there chell bc
vesetatlvc cuttinE "i=iir.-tiilt'o" rt"rtg wlthout c veietltlY.
outring perult r"or'irri-il.i"iiiy-zo"lna-Adolnlrtretor. A pcrolt o
be iarued only lf:
I
n0
( 1) The cutting ,
tnches (6" )
lncludlni topPinSr lnvolvcl trcsc lesE than gil
r;'-dr;;;,;" at'brlart h.1lht; and.
(2) Th. outtlnt, tncludtni toppln.r lnvolvcr veictation whlch it
Rot lcre.nl"g ""i-Iiti"iill-iiit vler frou the rivor; rnd
(3) Th. cssentlal charlct'r, Auetlty' and denltty of oxtetlnS
trorths rt pr.".iila-"ni Eo"trnuoul canopv covcr ll
oelntalncd; or
(4)Di.cased treea are to be renovedr tnd thclr renoval lr in
thc publto lntcrcrtl or
The outtlnf ic neccsearY for thc nalntcnance ofItt
(5)
transportetion or utlltty r18 hta-of-ney.
I
I
a603.02. Afollorring provl
canopy ls oalnt I:!":i:'#,:ti#"i..:iiii: il.H:.:::'i:::,f;l :l!ained ar vlened frou the'rlverl-
for I velldly pernltted gtructurorand parklnj ereaB.aaPtic aya taD,
(2) Ma intcnanoe, trlunlnl. 9T prunlng oa-r particular parcel or latranaportatton or utttiti-"fifrt"-of_"iil ----'e. vor
r11tli!;i];h"$i:l'ir:'t"xlllllf;; r:;i:,'"{, furtn8, Gxcava*a', orDark rharr i.I-i"'.""a"oili-,Ili,l,i-I-Iil[;l ;:;,i;.]o".v t iiE'"ii",
iiTru"ta, zonLns Adolntetntor.---i-rl"iior p""irt .iv-ii-i..rcd only
( 1) Slopcc trcator than trelvc perc
;:iii*i.;i:;.*"il:.t$#:ili:ff.iiiii.l::i'r:.f i'j.I "',
(2) BerthnovlnS, oroslon, v.g€trtlvc outtintr drelnlnf orfllltnt o! retlandt,'.na-ii]-ieetruction of naturalaacnltlcs lr oinlnl zcd;
(3) rto euarlcet rEOUnt of tround rr oxpoaed ror aa ehort e traree fcaslble;
(4) Durlng oo""t:l:!lgn,.teuporarv Sround, oov.r, ruch ar nulohls utcd and pcroancnt griuna-iover, euch ar aodr lr plrntedupon cooplotlon I
(5) lrethodr to Drevent eroslon and trrp rcdllcnt ue cuploycd;
(6) PlIf lr ttabllizcd to scccptod enginccrinii rtrndards.
503.04. A .cDarato trrdlng and filting.pcrrtt l! not rcqulrodfor tladln8, ftllinl , or rxoavitt;i t;;'ulnlnuo .ro" nc.""lrry for attructure, .awaEe drapoaar ri.ii"l-.ii-p-rrvati-rfii-"iii-ilirrns arcaundcrtaken purBuant ti r veiiaii-i"Iu]a.uuriii.i-i]"ii;.r-.,
604. Condltlonel Utee.
99{.91. Conditlonel ugel arc uecr rhlcperolttcd ln thc urben -or rural, dirtrlctc ounlcsa tt ir detcrorn"a-iy-ti"-r"iliiiii u.hcarlnr, thet the proporei ,i" lr.iii-"'
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llaintaln ealc and he.lthful condltiona.
LlElt .ro.lon Dotcntial-of the ritc bascd on dcgrcc rnddtrectton of riope, ""ir-iyp"l l"j'"li]i.trvo oovcr.
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1. Part or atl of the feature is in the shoreland area.
2. The slope rises at least 25 feet above the oHwL.
3- The slope's grade from the toe of the bluff to a
p9!nt 25. ft. or more above the OHWL averages
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4. The slope must drain towards the waterbody.
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.Means land where development and
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surveys.
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average slopes greater than 12o/o, over a
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Where: Horizontal dlstance
Verticat distance = 50 feet
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CITY OF
EH[NH[EEEN
MEUORANDIJI.{
TO:
690 COULTER DRIVE ' PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
FROM :Paul Krauss, Planning Director
DATE:I{arch 12, 199L
SUBJ :Articles of Interest in Zoning News
I have attached several articles of interest in recent Zoning Newspublications. The first deals with the siting of cellu1artransmitters for cellular telephone operation. As you are alrare,
Chanhassen recently approved a 180 foot tower located near Galpin
Boulevard and Lynan Boulevard. I was recently informed that theheight of this tower Lras lo$rered to 130 feet due to FAArequirements. The article gives an overviev, of the cellular
telephone progran but also has j.nteresting inforrnation on potential
heaLth effects. It generalLy seens to agree with information that
was provided to us rtith that proposal to the effect that healthaffects are considered to be ninimal . Hol,ever, the sunmary ofaffects to exposure to radio frequency radiation provided in thearticle provides an interesting guideline against which futureproposals may be roeasured.
The second articr+ deaLs with naking zoning enforcenent effective.
The article detarls procedures and staffing requirements designedfor effective zoning code enforcements. The article also speaks tothe need to deveLop an adequate record system, idea11y, a
computerized data base, nherein these complaints can be logged and
actions filed. Staff has been working touards the developnent of
such a cornputeri.zed data base but has not yet been able to acquirethe software and sotne of the hardlrare, due in large part to
f inancial constraints.
cc:Board of Adj ustnents
Planning Conrnission and City Council
r4a
1u)fire-
J NUANY 1'91zonr^t afEirclNtt xt{rtlc
^StoctarroN
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Siting Cellular
Tiansmitters
Ccllulu telephones have bccome an imponant mcthod of
communication since thcy wcre imroduccd in thc carly
l9E0s. Thel' havc become so widely uscd that ncarly 600
ccllular communications networks havc bcen csBblishcd
narionwide-a dramatic increasc ovcr thc 32 systems in
place only six ycars ago. Some inside thc indusry cxpcct that
rvithin l0 years one-fifrh of all tclcphone communications
will be rransmined via cellular units. As lhc devices bccome
more popular. the anrennas that broadcast thcir Eansmissions
lrc bccoming common featules on the landscapc of
America's cities and suburbs. And, likc 8ny ncw l8nd usc,
lhese antcnnas present problems that must bc eddrcsscd in
local zoning codes.
Cellular communication systems opcratc through a
nctwork of "cell sires." Each ccll sitc h8s lwo principal
components, a l2-by-28-foor strucrure for radio and
computcr cquipmenr and a broadcasl antenna. Thc utenna
may sit atop an cxisting tall structurc. such as rn officc tower
or a raditional sreel lanice communicrrions towcr, or may bc
8 frecstanding pole ranging from 60lo 150 fcct in hcighl. As
thc density of users incrcases within a ccllula, systcm. morc
ccll sitcs must b€ esrablished to kccp pacc with &c dcmand.
Local zoning codes have only begun to rddrcss thc qucstion
of how to regulare these facilities. Thc issucs ccntcr sround
sesthetics and compatibility with cxisting lrnd uses. Funhcr
complicating matters is a growing conccm that microwavc
cmissions from rhcsc facilities may posc r risk lo public
hcalth.
Monopolc antcnnas,
lilc ,his onc on
C$cago's Nonh Sidc,orc
prolift rating alon g w ith
t hc cc I I ular tc lcphonc s
thct tctte .
cxcluding Uosc used
crclusively for dispatch
conmunicalions."
Anothcr approach is a
systcm of rdministrativc
rcviaw prior ro lpproval of a
ncw ccll sitc. Cincinnati
cstablishcd scven critcria !o
protect rcsidcndal districrs
from bcing ovcmrn by
ccllular facilitics while
dlowing for thc nawork's
ordcrly growth and
dcvclopmcnt.
r No ncw ccll may bc
cstrblishcd if thcre is a
rcchnically suiBblc spacc
evrilrblc on m cxisting
communications towcr
vilhin rhc gcographic
r'rr that thc ncw ccll silc
is to 3crvc.
a All sErcturrs must mcct
Erinimum scrback - -
rguirarents in their
distrid rs spccificd by the
zoning codc.
r Thc cntirc facility must be
*srhedcally md
rchitccturdly compatiblc
with its environmcnt.
r Rncing must be providcd
ro sacurc rhc sirc. No
bortcd nire or rrzor wirc
fcncing is to bc pcrmincd
in rlsidcntirl distrids.
t VcSctadve buff6in8 must
bc providcd to rcparatc
lhe frcility from djscrnt
lrnd u*s.
! Thc ficility'a owncr must
frlc ur urnud rcpon with
thc building inspcctor's
ofiicc &lriling how th.
frcility is continuing ro
conform to thc.rbovc
nandJds.
t All ob6olcre or unuscd
frcilitics must bc
rcmoved wirhin 12
months of ccssetion of
oPcrrrions I rhc dtc.
Lebels rnd Cetegories
Onc difficulty with ccllular telcphonc trensmission towcts
lics in defining rhem. In many communirics, ccll sircs lre
classified as "public uriliry distribution sysrems" or es
'lublic utiliry srarions." Many zoning codcs dlorr thcsa usas
by right in almost cvery zone and sllow thcm lo bc
cstablishcd withour anl' public hcaring. Ir conmsl rrdio or
tclcvision towcrs arc often not permincd in rcsidcndal lnd
othcr zoncs whcre aesthctics is a primary conccm. Bccrusc
thc dcmand for cellular communicslions fscilitics hrs gmwrt
ro r8pidly and shows no signs of abating soon. cornmunitics
should draft specific rcgularions rhst rddress thcir htd-usc
impacts.
Onc common approach ro regul8ting c.ll siEs is to
include thcm in cxisting regulations for radio lrld telcvision
lowcrs. Pcnsacola, Rorida, tmk this epproach whcn it wrs
faccd with rhc inuoduction of a ccllular systcm. Thc city
tmendcd rhc zoning code by .xpanding its dcfinition of r
commercial communica$ons towcr: "r sructurc situstcd on r
nonresidcntial sitc ftat is intcnded for transmining or
rc.eivin8 r.dio. tclcvision, or tclcphonc comrnunicrtions,
---- -g.La.-'itil:=i;=11,- -
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In addition. communicarion towers were eliminated as an
as-of-right use in low-densiry residenrial zones. As a result,
all towers proposed for a residential district now require a
conditional use hearing. An exceprion is made for monopole
lowers. The inrenr of this policy is to encourage their use
because they are less visually obtrusive than steel lattice
towers or rooflop installations.
Public Health Issues
In addition to aesthelic concerns. some communities have
addressed rhe quesrion of a possible health threar posed by
the microwaves used lo transmil cellular communications.
Eugene Rosenberg. a cellular communications consultant in
Miluaukee. says the amount of microwave radiation
produced bv cellular communicarions should not be
underestimaled.
The telephones rhemselves. notes Rosenb€rg, emil
between three and five watts of power at around 824
megahenz. This radiation has both thermal and nonthermal
cffects. To illusrrare rhe hearing effecr, Rosenberg says thar
this pou er is enough ro begin to cook a hor dog in abour l5
minutes. Bv comparison. the transmission towers typically
operare at 75 warrs. bul can emir appreciably more power in
larger. rural service areas.
The nonthermal effects of microwave radiation are less
underslood. As parr of a growing concem about $e effecr of
nonionizing radiarion on humans. radiation associated wilh
cellular communicarions has become suspecr. APA's
research depanment has received numerous questions from
planners aboul this concem over the last eight to l0 months.
Cell sites. as well as all other electromagnetic radiators, are
threatening ro become the next big NIMBY issue.
It is not u'ithin rhe scope of this anicle ro discuss and
assess the healrh hazard of nonionizing radiation, Table I is
included to give an indicarion of what some of the effects
miEhr be ar varying rares of exposure. Note that, generally.
cell sites have been measured to emit k$ than any amount of
radiation thar unequivocall)'\r.ill cause ill effecrs.
Although the federal govemmeDt has not issued aDy
regularions conceming the nonthermal effects of radiation
exposure for the pubiic al large. some local govemmcnts
have addressed the subject. The following regulations are
offered as examples of smndards in place.
Oldham County, Kentucky. has incorporated standards for
communications faciliries thar regulate the amount of non-
ionizing electromagnetic radiarion rhar may be emined. The
counry's zoning code requires thal the general public nor be
cxposed ro ambient radiation exceeding a power densit), of
0.2 milliwarts per square cendmeter. PAS Repon Number
384 (1984), Regulating Radio and TV Tou'ers. offers a modr r
ordinance based on land-use controls in place in Mulrnomah
County, Oregon..Thar ordinance recommended thal the rvpe
of antenna used fbr cellular communications should be ai
least sir feet from the surface of any habitable structure and
that its highesl point be at leasr 15 feet fro$ the Dearesr
exterior surface. The ordinance includes iomprehensire
provisions for regulating all types of communicarions
facilities. An agency considering any sorr of comprehensive
approach ro broadcast towers or with an eye toward
eskblishing p€rformance standards for uses emining
nonionizing radiation should examine thar report. D.B.
Iaudoun County
I)evelopers
to Pay for Roads
Loudoun County, Virginia, is considering a plan this monrh
that would require develop€rs ro pay for rural road
improvements. The fees would be used to increase a road's
carrying capacity to accommodare any proposed projecr.
Developed with the assistance of land-use consultanr Lane
Kendig. the Fair Share Rural Road Improvement Policy
resulted from recent concerns about rural road safet) and the
preservation of agricultural lands. According to Karen
Gavrilovic. principal planner for the county, the measure has
a "50-50 chance" of passage by the plannin8 commission rhis
month. but would nor acrually be implemented for at leasr a
year if approved.
The plan encourages the building of subdivisions near
towns where adequare facilities such as roads ahead). exist.
County officials hope thar developers will opl to build on
parcels where a road already has the needed carrying
capacity. As a rcsult, agriculture in Loudoun County should
continue without disturbances from residential development.
Rural road safety, bowcver, is the plan's most imponant
consideration. Currcntly, half of the county's local rijads are
unpaved, and the zoning ordinance allows for nearly three
times more devclopmenr than thc rural roads can safely
handle. Many consist ofjust one l2-foot-wide lane, making
two-way traffic cxuemely dangerous. One county board
member has called wesrem L,oudoun County 'the killing
fields" because of its rEccnt increase of traffic dearhs.
Although the area's A-3 zoning district permirs a maximum
densiry of one house per three acres, thc roads can only
absorb the traffic generated from a density of onc house per
six to l0 acres. As an altcmative to downzoning. the fair-
share policy would let land be dcveloped to its full porenrial.
Tbc fair-share mcrhod would eDEil a dctailed cvaluation
of thc currcnt road siostion in lrudoun County. Variables
such as lane width, available passing distance, presence of
obstructions, pavcment typ€, and tenain will be uscd in
detcnlining a road's carrying capacity. In addition, rh-e
counry and the Virginia D€panmcnt of Transponarion would
designate appropriatc lcvels of scrvice lwhich range from no
congesdon Uevel A] to total congcstion nevcl Fl) for each
road typc. For cxamplc, rural anerials could be designared as
E
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t
Table l. Summary of Effects of Exposure
to Radio Frequenct.. Radiation
Effecls
r00
28
l0
4
0.05
0.03
0.0,
Threshold of calaracr formation
Teratogenic (tumor-causing) effects
Molecular, genetic effecrs (thermal)
Threshold for neuro endocrine effecrs
Decreased sp€rm counts
Increased brain amine lcvels
Altered brain permeability
t.tt
Exposure
(mlrV/cm:)
So!rc.: $.R. Ad.). _Ti$s. lnr.acrion. *ith Noniouizia! E.dromqrclic Ficldr,_
t982.
Dt
Fine for the Record Book
The largest known fine for a zoning violation by an
individual propeny owner has been lcvicd by thc Califomia
Coastal Commission. The commission rcccntly scltled the
case out of coun when the owne, agrccd to buffcr his
propen) to screen ir from public vicw. He also agrccd to pay
a fine of 5325.000.
The home belongs ro Perer Viviano, who owns a San Josc
trucking companr'. Viviano built his homc on a lot
ovcrlookine Monrerel Bay in 1984. Thc commission
oriSinally approled a sirc plan rhar allowcd the home ro bc
6.E00 square feer. ln 1986. building inspcctors found rhat it
had groun to 13.26.1 square feet. Ar rhar poinr, the
commission issued an order to hah consruction, and both
panies began to litigate.
The serrlemenl. reached in late Decembcr, calls for
Viviano to reduce the size of his homc to I 1,000 squarc fcct
and to screen it from public vie\{. The commission will use
$e mone! for.coastal improvemenr projeos u'ithin Santa
Cruz Countr. but al lcasl 5100.000 $'ill b€ nccded ro covcr
lcgal expenses. DB
Will This Ban
Hold ll'ater?
l:st summer. an adlenising boat bcgan flashing elcctronic
messages lo\r ard shore as it floatcd up and down thc
wateru,ays of Chicago. Ourcry from civic Iroups promptcd
thc city to propose an ordinance to ban advertising on
Chicago's $'ater\r'a)'s. On Octobcr 24, lhc chy council passed
lhc ordinance.
llst Junc, the Chicago PIan Commission rpprovcd rhc
Chicago River Urban Dcsign Guidclincs, developed by thc
city and a local civic group, Friends of thc Chicago River.
(For information on the Chicago Rive, plan. scc the August
l99J PAS Meno.) A major purpose of fiesc guidclincs is lo
'rcinforcc and cxpand the visually imprcssivc urban
cnscmble no\r' in placc slong the rivcr." Bcth \Phitc, thc
exccurivc direcror of policy of Fricnds of rhe Chicrgo Rivcr,
srys that she suppons rhc ban bccausc such an sdvenising
Singing the Praises
Supposc you wcre thc Vcmon, Connecticut. zoning board of
lppeals. facinS s rcqucst from two sisrcrs ro allow outside
dining at their yogun shop. dcspirc rhe facr thar thcy installed
thc tablcs bcforc rcalizing thcy nccdcd ! pcrmir. They come
umcd wilh pedtions wirh 2,000 sigraturcs rnd rhis din),:
Ilyou likc sining hcrc in the cleanfrcsh oir,
enjoying our yogun t'irh time ,o spara:
We could usc your hclp,
'cause ,ha hcaring's rcal soon,
,o gcr rh.zoning b@rd to changc its tunc.
You gucsscd it. The yogufl sisrcrs son. J.S.
Csll for Information
Thc PlanninS Advisory Scrvicc is ga$cring informarion for a
repon on Eansporlation man8gcmcnt otdinrnccs. Wc would
likc lo reacivc cxamplcs of ordinanccs. r?pons. rnd planning
documents covcrinS rhc rsngc of rpproachcs to
transponrtion msnagcmcnt. Thanks for your assisrancc. Scnd
mstcrials to: Amy Vrn Doren, Rcscrrch Associsrc. Amcrican
PlarihiDg Association. l313 E.60rh Sr.. Chiclgo,lL 6063?.
Zorir, .xJ ir InoDthlf ft*ll.acr Brblirh.d by *l. AECric.! Pl.nnint
A$o.i.r ion. subr.riprior r .ft .!dltbl. fd S32 (U.S.) |nd l3t (forlitn)-
Lrt l Srollrnrn. Et..uiy. DiE.lor: F .hr S. So. Dcpsry Er..nir. Dirt.l6.
Zonir, ,i.tt tt flcduccd .r APA ,im Schrrb. arlloi D.vid Ecraln.n. F.y
Dolni.l. Chn. Hl'ir. C.rolln X.6*d). M.D. Morri.. Hollir lo.timf. Afiy V.,l
Do'tn. R.ponc's: P.ulThom$. Arri3unr E lnor.
Copyritht Cl99l b) Anrcn6r,r PhmiDS A!r6i1ior, l3l! E. Olh Sr., Cf,icrro. IL
6lX!7. Th. A,lcri..r Plrnn'nf A$o.irlior hl. ;crdqu.rcrr olfi..r .t l??6
l&il..iurcnr 4v... N.$.. W.$irtlon. DC 2@36.
All ntnB ]!t.rv.d. lio prn of rhir Frblicrlioi luy b ,tF.duc.d 6 urilit d nr .ry
ftrrn or b) an) h.urr. .l..roni6 or 6.ah.nici, iral!din, pfioroaaryint. rrcarlint.
r b) rl) informrtion ttorrt. |,ld Etrisy.l .rft|n. vitllou! Fraistixi h rritin,
fro.tl tlc Altt.dc.n PIlraiD8 Arto.irlion.
next three years, crearing up ro 100 ne$,positions. In a city
facing budget problems. rhat may mean a small propcnl,rax
increase. but proponenls argue that the long-term savings in
infrastructure costs and increased propeny values will repay
the cit) well. .r.S.
boal conrradicts whal the Buidelines are trying lo prorect.
Bur Rod Zuidcma, the advcnisinS boat's owner. is
contcsting thc ban as unconstirutional. Zuidema is suing the
city in fedcral disrrict coufl on the Srounds that rhe ban
violatcs his First Amcndmcnt righr ro frcedom of cxpression.
His anorney, Robcn Fiorelli, argucs that, since truck
billboards arc still pcrmittcd on the streets of Chicago. the
ban unfairly sinSles out one form of mobile advcnising.
Fiorcni also contcnds that thc city has no jurisdiction over
whar is considcred a federally controllcd watcn*'ay.
However. Illinois smtc law Eants rll municipaliries
"jurisdiction over all wstcrways within or bordcring upon the
municipality, lo thc crtent of thrce milcs bcyond the
corporatc limits . ."
Thc boat at isslue, Thc Durch Dreaz, is a 65-foot
convened houscboat $et suppons I l8Gsquare-foot
chanScablc copy sign. Thc &by-3o-foot sign is comprised of
1,792 45-wan light bulbs that are programmcd to spcll out
commcrcial mcssrgcs lnd community announcemcnts as
wcll as thc $mc snd tcmpcra0rc.
Orhcr groups, such rs $c Bumham Park Planning Board.
also snongly opposc rhc usc of flo8ting billboards on
ChicaSo's rivcrs and lakefront. Thcir major concem is thar
thc Dutch Drcom obstructs rhe narural bcauty of Chicago's
watcrways. Barbara Lyn,tc, thc planning board's cxccutive
director. rrgues that rhc sign is "polluting rhc sccnic bcaury
of thc rivcrfront.* Thc gmup circs rs its othcr major concem
the lack of rcspcct for thc cilizrns' righr not ro b€
ovcrwhclmed with commcrcial sdvcflising cverywhcrc the)rum. c.H.
CITY OF
CH[[IH[SEE!I
roRx PRoGRelr/PRoJECT tEAtt
The City has elected to undertake a coordinated approach to thethree vork itens. I{e beLieve this will result in the Dost costeffective and environmentally responsive plan possible. Althoughcoordination is required, each plan should be developed as aseparate docunent in accordance with an agreed upon rrork schedule.
The City is willing to consider project teans conprised of severalfirms if this results in the best option for the conrnunity.However, the project teans must be developed by the respondingfirms and the principal firn will be responsible for aIl. internalcoordination, scheduling, biJ,Iing, etc.
690 COULTEB DRIVE. P.O, BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
t{arch 15, 1991
Toltz, King, Duvall, Anderson
and Associates
2500 Anerican National Bank BuildingSt. Paul, MN 55101
Dear Sir or Madam:
The City of Chanhassen is seeking to retain consultant assistancsin preparing and inplementing a coordinated water gualityimprovenent, no-net-Ioss wetland protection plan and storro watei
management plan. The effort and on-going work related to it isbeing funded by the city's recently adopted Surface water UtilityDistrict. Consultant selection uiIl be a three phase process. etechnical advisory conmittee will revieu the Stitement ofQualification responses and develop a short List of up to five
f irrns. These f inns wil1 be asked to respond to a more fonnalizedRequest For ProposaL. Ultinately, after negotiations, the CityCouncil will nake the final selection.
BRTEF 8I'UI,IARY OF TORK PROGRN,I
retlands - The City has long uaintained a rretlands protectionprogran. We noht seek to inprove the effectiveness andadministration of our prograro, incorporate neu nethodologies anddevelop an official wetlands nap.
March 15, 19 91
Paqe 2
StorD Fater l,taDageDeDt - Ihe city has several liroited areananagenent plans but is seeking to develop a coordinated system forthe entire conmunity.
fater Qua.llty Plan - The city is seeking to develop a water qualityplan designed to naintain and inprove the wate; quality lf ouiwetlands, lakes and Uinnesota River. The plan should deveiop shortand long range nonitoring prograns ana associated iurprovernentstrategies.
STAIET,TENT OF QUATIFICAIIONS
1. Brief overview on your firrors approach to this type ofprogran. Describe nethodologies you Day wish to employ.
Identify key staff people that rrould be directly involvedin the project and provide lnfornation on their relatedexperlence.
?Provide inforrnation onundertaken.sinilar projects your firn has
Your response should be received by the City no later than Friday,April 5, 1991. please contact nysLlf or Cliarles Folch, AssistantCity Engineer, if you have any guestions.
S ince Iy,
//
Paul Krauss, AICPDirector of Planning
PX: v
cc:Planning CornrnissionCity Council
Th" Statement of eualifications should lnclude the followinginformation. The cornplete response should run no nore then 25pages, including at1 supplenentary infonnation.
Toltz, King, Duval1, Anderson
and Associates
2500 American National aank BuildingSt. Paul , llN 55101-
titr. Ron Peterson
west$rood Professional Services
14180 West 78th Street
Eden Prairie, MN 55344
Mr. Robert Schunicht
Bonestroo, Rosene, Anderlik
and Associates, Inc.
2335 west Trunk Highway 35
St . Paul , I"IN 55113
Mr. Bob Oberneyer
Barr EngineeringSuite 100
7803 clenroy Road
Dtinneapolis, MN 55439
Mr, Dennis Kirn
Enviroscience, Inc.
8951 West 36th StreetSt. Louis Park, MN 55426
1,1r. Mark Lobermeier
Short-E I L iott-Hendrickson,
3535 Vadnais center DriveSt. Paul , MN 55110
fnc .
Horrrard, Needles, Tanmen and Bergendoffsuite 250
6700 France Avenue South
Minneapolis, MN 55435
l"tr. Mark Koegler
VanDoren Hazard Stallings, Inc.suite 104
3030 Harbor Lane Northl.linneapolis, MN 55447 -2f7 5
Bruce A. Liesch and Associates, Inc.
3020 Harbor Lane
Minneapolis, MN 55447
Iilr. Frank svoboda
Braun Engineering Testing, Inc
6800 South Trunk Highrray 169
Eden Prairie, MN 55344
l.tr. Bud Osnundson
orr-Sche len-Mayeron & AssociatesSuite 238
202L East Hennepin
Minneapolis, MN 55413
Mr. Bill EngeLhardt
Engelhardt and Associates
1105 Hazeltine Boulevard
Chaska, MN 55 318
Donohue and Associates, Inc.Suite 200
7200 Henlock Lane North
Maple crove, I{N 553 69
Mr. Bob Robertson
Rieke Carroll Muller Associates
10901 Red Circle Drive, Suite 2OOP. O. Box 130
Hopkins, MN 55343
Mr. Jinr OrrSchoell and Madson, Inc.
10550 Wayzata Boulevard
Minnetonka, MN 55343
!1r. Ke1ly Kading
Eneco, Inc.
3 050 l'letro DriveBloomington, MN 55420
CITY OF
EH[NH[SSEN
690 COULTER DHIVE . P.O. BOX. 147 . CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
MEMORANDIJI.{
TO: Planning Commission. anil City Council
./7r-FRoM: Paul Krauss, planning Dltector Qlf--
DATE: Itlarch 12 , 1991
SUR]: Proposed tleather Service Facillty on Audubon Road
As most of you are aware, staff has been speaking to the NationalWeather Service about relocating their Twin Cities facility tochanhassen. This would be the regionts roain forecasting facitityand wouLd house up to 50 professionals. The 10 acre site would
house a 1,5,000 sguare foot brick office building and hreather radarwith the balance of the site in green space. The 130 foot highweather radar raises visual and safety concerns but plans are beingdeveloped to address these issues. Staff has also vrorked with theagency to nake sure that it is developed as a taxable use. We haveadvised the weather Service that extensive neetings with arearesidents will be required.
The attached article fron the March 11describes the faciJ,ity. Please contact me
informat ion .
1991, Star Tribune,if you want additional
Weather help is on the way
I New satellite system will outperform
l star Doppler radar by decade's end
By Jb lhror
SulI wrilcr
Evcry sprinj rnd rummcr. drc rhinc
of .wrrnin3 3iEDr t c!m6 r Fn of
lifc io Minrcloir $ scalhcr ? chcrr
warn 6oplc of thc 20 rorndG, 2$
lhuadcrslorm: ind tic Gu llut
lloodt rlur ry*rlly hir llc tlra
Wc'rhcr nd.R and 3rootrd aoorta[
rarch lhc lhutdcrh.rda build oo tlrc
borizoo, whilc rrrcllil.3 2a,m nikr
io thc sty lccp rrlct of brpr rcrtll.
cr Drirrns. Nt$oo.l Wcaltcr Scr-
vicc nrclcotolo3isl3 ruclr thcir n-&rrfoFr clor.ly, ryaD3 ro lr|rtr Dla\diclioN ilt onc of |tG nat uoF
dicr.blc of rcitmr.
Thcy telc phonc cellr from pcoplc
rondinj oo mofroef rd ciad tt3lrlcllitr im{r.
tais bolh hith.Gch rnd be-ioch, r
complicalcd nctrorl dcri3ncd to
wern of b.d lhinD rbout to htpocn.
Ard rhcy do hrppcn. ln thc Unilrd
Surca hsl yc.r lhcrt scrr 10,(xX)
rcvcrc thundct:lorms, 5,0@ rriout
floods .rd l,(m lorn docr - moE
o3rurrl dieslcrs tirn in ray otlcr
counlry o]l E$h.
Yct much of lhc uarnin3 systcm is
bas.d on tcchnololy thrl lrcu out of
world W.r ll, rochoEd toladly io.n
cre of va('uum-lubc clcctrooicr" Ttc
computcrs arc anliqualcd, md cycn
lhc rcathcr ratcllilc
'y$cm
rhrt txc
trdcs rhc broad ovcrvicy sn on TY
ncul Crorr c.ch day ir io.trouUc.
"lf we're lucky, we can give yor a co.rple of
minutes' warning ol a tomado now. How
would you like 30 minutes'waming? We think
(wth the new system) we can do that."
Grav Casile
Deprly undersecretary for ocears irrO afnosptrots
_-r
Weather
. Grdratr.ff ft
I
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Ooi of ric tvo odiri[ ucrtcr rrt-dlircr 5r ti. U.itGd $tr.. brotcrvcrd Fn lo, roat ftG Lra t&
lclrpl !o ,ul r rcr oc in orlil rrr
rbo.rd rtc ill-frrGd frod oithl of ltc
Ctrllcaocr rp Orulc il 1906.
Thc rolution ir cooriaC r 33 billioo
ovcrtreul of thc t{rtbnrl Uc h
Scrvic Etuort thrl rill Drr3 6yc!.tcllirl' io ortit, bdld I I t DoDplclrc.thcr rrdrn rnd iortell l,?fl)
rulorulod ob.crv.taonr dEr. All ofUc info]m{ion aalhcrld by thcrc
rysEms uill bc ticd lolcahcr inlo I
comprchcnriblc form by r computcr-
izod rysrGm that yill Dltrcar foltcrtl-.rr silb rhrp, daa, anrlrl of lha
dmoEDtcrr,
'lt jivcr thc forccrstcr r powcr srll
bcyood sh.l rhcy hrvc rodry." reidGny Car c, &prry un&rsccacory
for occans rnd rtmosphcric rr lhi
Dcpnmcot of Comrncrcc.
CrSlc, rycrtirg Fridry rr r mccrint
of crtrpocy rstco io Milugo
li., tdl lir iuulhtbo of dlc ryti.olrill bGJo ov.r rhc Drr rvcr.l }!.r!trd b mDhd t, rlc cra of ll3.b&.
'lf rc'r lrrty, rc cu livc you r
coupk of minutcr' wrrninl ofe rcr-
lado Ds,' ic rid. 'Hory roold
you lilc ilO rirulca' lrrDild W3
Oinf (uith tic rr rylca) sc cu
do U.r'
Thc 6vc utcllitcr eccriunl for tl bil.lion of rhc tnodcmizrrion, Cl3lh
reid, .td thc Er rrda6 rnd autc
m.Gd rcrthcr grtioor sill u:c rl.Itr cbuDt oflhc ll t ofttc moocy.
Thc raders, lnosn rl Ncrndr. rc
Dopplcr rysrcms rhel arc mort Dow-c]ful lhln fiG DopDlcr ]&rD now
urcd by romc ldl TY rt.tiotla.
DopDlcr rrd.6 cen loot ind& of r
lhuldcrstomr rnd, bcqur of thc
rtrttchatl3 rnd comprtssiq of iu I.-
d., rrvcar &a.ruiE if nia ir ltjil-
lkr|:r ootiolod oo pjc 2E
lie3 lo rotrlc - . s,".i irdi..rilra.traarrbb&.d!f,-
wlg.-!lq9 .rflra L i! C.e, C-.tc:9..-!Ig E rdt you oc Eidryrr.t.tt.!ytu tc emoy o Suadrv. roif;ilffi"turcon*i6nr
But . bltc]{arac 6r!.rtrt, rtorcbor-tDt up to 90 drn iao lli furrra
!:gr'! F bcrlc , tta..luA-Di;
9. to.cr t. rnd cttolt aerult ofr!'c lmcphcrc, k riruirrr tdrciuut- truty sonc botrur: &.t.crtltoa uru cvcr tc xj.ibla -
. Jim-Clmptcl, icrd of thc Tuio Cir-Erj{.lioort Wcatlrr Scrvioc offcc,Lrd hc-noFr to :novc hir frcili$ciIlom. Minnc.Dolir-$. prlll l cnr..tlonrt AiDort !o . l(L.arc 3itc rc.,
:.Tlru.rcn lo 1993. ThG Er r.dr,6{tol ..bou! t2 milla.n, ?i[ b;urlultGd ttrcn, hc rid. rad will bcltrc ot.llc -tmulld clutct- cautod b,oF]ltnl ro- clorc lo dorlovu Mu-.Epotulod SL prl|l
Aa dnricalader ryrSrD d$ xill Dctor&ulcd ln Dulurh, hc gid, rnd rillcovcr .oorthcm Gdoot of UioGoLtut wrrmrto.
t'ltttrlrtttlttttttl
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METROPOLITAN COUNCIL u"oo Pork Cente, 230 tust F{th srreet, St. tuut. MN. s510t 6t2 2st-63s9
HIi:riir;f!
MAR 0 8 1991
March 6, 1991
Mr. Paul Krause
Gty of Chanhassen
P.O. Box 147
Chanhassen MN 55317
RE:City of Chanhassen Comprehensive Plan Aoendmeat Retriew
Major Redraft of 1980 Comp Plan and MUSA Brpansion of 2780 Acres
Metropolitan Council District 14
Metropolitan Council Referral File No. 15339-1
Dear Mr. Krause:
The Metropolitan Council stalf has reviewed the city of Chanhassen's proposed comprebensive
plan amendment received by tbe Council on February 25, 191. We have determined that the
proposed amendment is a major plan amendment.
A proposed amendment that is a major amendmeot may Dot be put iDto effect by the local
government until the Council review is complete. The law alloun the Councit 90 dap from
receipt of the proposed amendmeot 1o complete is review. If the Council requires a modification
to the proposed amendment, the ameDdment may Dot be put into efrect until the Council has
approved the modification.
The 90-day review period ends on May 24, l98l. Within that 90-day period, Council stalf will
complete a review of the proposed plan amendment and forward a copy of the staff report to the
city prior to consideration by the Metropolitan and Corrmunity Development Committe€.
If you have any questions during the review period, please feet free to contact Richard
Thompson, principal reviewer, aL 2914457.'WW
Chair
MEA:
Marcy Waritz, Metropolitan Council District 14
Lynda Voge, Metropolitao C.ouncil Stalf
Richard Thompson, Metropolitan Council Staff
CI'I Y UI CFIANHASSEN
The Chanhasscn
Lake 'report card'backs concern
a (-
:a
,r IM hd.rt !
Trpon card" tb. ca! bG r groudt rordr@ra aio.tio4 r,ld tLa rc,Ftt l.td @ ea ol oriasran'r
Ltla adrld rliit bdh .roriors-
A!.lFir by tlc. hybologiq rm
&. LlEorolira! ColDcil !iv6 on.
Ltt a tod r?oi, rLilc two ollrrs!r G ll! &.liD..WlihDl!l6t d b,lD. nd!8.,
Ciadara! ol6cirl.5 .r! p$icrlrly
-En3ad i! lla r!r!B b.cus. il hrs
iLidrlldpl|! 6d rr! !.&d to Llp
irprwr & qu.Ury of ltcs i! U..ily. .
fL E?ort b r aooti![in8 FEaaEorriziDl Ga Esuts oI th. Mal
CB!cil'. Eld lt. Doritorill
F 'l!r,
rud b.8.! iD 19E0. Tbc
l9r0 audy ilclud. 21 Llcr, EoErlh clr!!.sr!D'a lrtc Miaac-rsLt . LoEa lrla ald l,rt. Rii.v.h t !cr.l, Ge qudiry o, Er;y
lato lrlcs w! caaidcrld iError.d
cwr r.a.!r frrs Fasibly b.aru!.
dcrc.aa nidau thrt "rhsh.d- rwrv
L(8a Eoults of DuEi.nB ald df.;
tar cao abud bl.s.
A..ordi.Er !o lydoh"ilr DkL(laoo4 'fL. lDuiuily hirb c.rly.rE ,te[ rtbt d.&d 6.lt!.,i a iliaqucnr GvGDr rLrl ihould DotLd b a fdE acrs. gar ti. lrt.. l'lirFwilt. nrtb.r, rb. ly&oloaic
tvaoE b t90 had to . .o.-riE!
bprovocor Oi.r cvi&!c! &rt'
latt tLl ovcr lo{cr !iD..6rEarLly Lt.. r'r rrua!, d!8irdi!8-
Of6d !or.d llr Fdl!8 r!.
Grliry ol lt.t ir iEFn !r to lrl.
lallirrr *lo rtlt to Lc.D tb. ra.Irr o'a! to tlarqdo!.
Irb MiE r,ll!4. mJ8 t&'ttlcr Ecrlatjoo ard EtLi!8. las
tiY6 a! '4" b (k rudy, Et riDf.rr ! raa !e6t lbr b.tr t0 FrrcDlt rlarlariolal llt ., rillout iEprir.DIL@lrt.r.rrr&dbll.'9
O. ralt , E..!i!t 6al ir L.a etfu.iloat d F6aDt, &oold tlt6. urlodoo. lrt. lilly, ru.b
eddh. ll. Gl!l.$.n-Ed@ h.i -
ri! bori.r .!d ir r rrll.!..d lrl. ,o,
;rtrrioo, c.,s! r 'C." ntiog.
TLotLrlt.. $n cyd i! 190.
thor iU lbi, i!!r, .E: unl.
L6i (AI lr?!r ttht (B); aEbrl
G.l:- }ld.tt!6r (ECl P.ILItl (E
hwEir(8{i &yu(o} ea,fa MDl. Grovr Iitb acl: Fd!.llcl-.d.!d.E (CI M.di'@(CI
'a&t Atilr Flh (C'DI UP!.t Prior
{oD} !Fi4 (D+} !d c.dr (D
FL' ID.'erdiE,i. 6. tld tttic.llf! i! th. E.!o .r!l. 6d l20lrl..
bv. t .! E ntyod &t a Ua Fo'za tcrrn b l9$.- It l990lrt.dE.6r!ut dlrn drir .oll.a.d br tla Mal C,ltl!-
iil rar cooxroa i,io rrrct qud.lr rro&ra b rEi dlo.au I
dr.olv.d .srtcoi DI! .rbilE,eEdLrA'tb bL: r.'. lGDl.d n rc
Ed' htavrL n6 bj4itEi d!Ef!dt, Oc.5cr 19D0, Ed rl,! E-!dl, ridt.d b.tra t .-D. dE- SrEp!.a r.lt col.d.d taa(E tllbo lqlC outi lh. &.!.aF. II tb q.r d rh. l{..
O6dlrtoFto pt .<tt rst dod qlGacfrfs
rrir.r r.Lr.tIlE CL Fa.)B. Orr{f Eftd.a rilt t-a.l
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E rE, rio tir!. .EDl.. Dhd
aod EDryonad ! lha bLorrdt o,tlc McE ?olita W& chd
C.nditsid tor 6.lyri.'
O.36d coctud.. 61 ar.d
LL6 rrD.r lo ba alrrd!3 -:Er
61 ]b. bcEr. toba (e & rE-
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rarrDDd llv. E!&rfo!a aiEifuEt|! rLv.loFd ir tD. l9gl. D
aotl Douutioo lld lllEiclt lrdA-[D
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ll?Olt
' Iflll Ec d tL. E. riu
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tt.r DL! b lt lrtL Sd qtda a-!dE rric tlr!.tQq FlrG
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-rs &d rr&r bi[i$llaiaDntahlxrrit|I riiL ltn Er! ba,aEa OlFtl&td'. lo8!d-@
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Page I - Chenh!.t.n Vl]hg.r - Tlilrtdsy, Mrrrfi 14, tgg,t
Responsibility for the river valley
During thc firsr Chanhassco City C.ouncil mccr
iag ovcr which Mayor Don Ctmicl pcsi&d oore
than two ycars ago, bc rcctivcd fiom some CAaska
residcats I pboto rtbum cootaioiog sites of tte
'tccnic rivcr valley" il sortLera CnCnirsca.
. It wasa toogue-in-cbcc& mcssrgc syiag.fhis
is your respoasibility, clcau ir up, flersi." -
Thc lr{ilocsota Rivu Vdlcy i! 1 br69-rrlring
lod cDviroDhcntally-frryilc ecoeyscD tbst &srn ca
Dorc rtentioD thaa it is gctting, rDd Dot just fioE
Chanhassen. Thc nrjority of locrl rcsidcots, wtilc
tbcy may havc driven rhc Hrry, t69212 corridor
dozcos of timeg uay Dot cvcD rcalizc thlf thc Srctcl
is witbio Cbanhassco's bor&rs.
Tbough tlcrc uc lcgitimrtc business vcoturcs
tekiDg placc stoDg rhc bighwry, ir docs oor givc thc
bcst imprcssion whcn tstvelers rcc r junt yrr4 r
gavcl pi! a car sales loq I parliag lot, r couplc
motcls that havc scen better days, r pole brm, roil e
run-dowo, boardcd.up mamio. .
Editorial
Thc city is aow bccispitrg ro telc rcmc chugc of
lhc Diturtioo thd ir crertcd thcrc, scttiag some s[on-
lcrm rod log.tcrm ioels ro dlolr, thi coridor ro
cvolve into thc queinr, coutry drivc it ihould bc.
pa. Sf E !o4 tb.r should bc'pursued b cocortag-
Fg the fedenl golrcroEtcnr io purchesc trod -ro
iDcorporrtc into rhc MiDtrclota- Vdlcy Wildlifc
Rcfuge.
Udonrurtcly, lt will tetc meay ycus ro rBtum
&c riv-e-rvrllcy ro its piauresquc ptsr, if ir is poesiblc
- !t rU. Hopcfully, city ofticirls will nor pursuc morc
commcrcial vclturrs for that sr.tc}, bu ilsterd
*ek ingeaious rnd cquitrblc wrys tophrsc it out rad
deel it ry'
-Dtrld ptdct!.!
..ptt I rhurrdr,Mcrch ttoi/8tal Lrr,
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St. Paul taking steps to limit
development of wetlands
Ey llll McArllft
StfrWdEr
Whllo dlbarc ovor rEd.nd pfoEc-
Io_n n!!b up 8trin .t thc drrc rnd
frdcnl lcvcl, Oi ciry of Sr. prul ir
rc-Unl on iB ox,[ to Ulrcrye itt r!-. orrorot reUrodt froE dcvclopmctrL
'[' raolurion p$cd Tucrdey bv rpty Council cirmmirc wouli airulrth a morrtorium on &c fillim or
. indint of wahndl rnd on builrihrr' ti.r would "ncBrivcly .ffGd" u6-lrngt unlc$ rhc dcvtloocr, crclct
nDuocmcnl rcd.oda
Thc morslolium would lrmrin irr
lnGct lor om ycor of until oqualtyrlrict rrtutuona rrc dcvcloptfo by
oithcr thc lidrrrl or tur rorcinmcnror by sll livc ysacnh6d drrr'rcrr Uur
?Fr8tc in lIc cily.
;'yhilc thc fcdcrsl. tovemment and
tbc. stl c tovcmmcnt r,t dcbetinr 8policy, wc donl went io continuc-tolorc wctlands io Sr. paul," raid(buncil Mcmbcr Dob l.onr. who
aDontortd lhc ruoludon.
Thc mcasure is d$igned b Drolcctwctl.nds imsller than 2yI aircs -lhor lhst arc tlot now ]eSulal€d byrcd€ral or solc aScncics. St. paul hai
Z(x) 8reas - many of thcm nv _
desitn8ted as wcthnds by rhc iJ.S.[ish rnd Wildlifc S€rvicc. '
The resolution, which awairs full Cirv
Cbuncil spprovsl, csublighcs r ..no-
oot.loor" $lrhnd pollcy rlmlh,r Olut undotcolrltdcntloa .r tho bdrLrulrld h Wubilrroo. D.C. -
C.htnhttscD, Blainc, Storcvicw,Mthtomcdi md Moundr Vicr rtrthc only citi6 in MinmroE thrt
htvc- no-nctJoar v€ end poliche ec.cordiq ro ttc Lc.SlE of Mtcioo(.rttr.
Rcprclcnurivcr of rhc Sicm Oubvolccd _auppon lld grfitudc for UcsL -Prul lclolution !€atcrdry. gut itrrt lc.$ onc $ prid rcishborhoo4
Tgng qpporyn try &r tmDpiotplovltron u rudoqurE.
Dcvclopcr Crrmcn Tuminclly harpmporod building t0 dnglc-hm y
nomct m aD orca ncar lalc phalcr
lnolyD rt ttc TopioMcAfcc lVcr-l!n4 a 68crc dfc touth of thc inrcr-tcctioa of Topic l"enc rnd McAfcc
Sl. NciShboE havc opporcd rhc proj-
GcJ! ptl cmnf thst thc lsnd, most ofwhich Tuminclly o$'ns, bc donvcncd
by lhc cily iDto psrurod.
In prnicular, rcy arc critical ofTu-mincllyl ofrcr to build a holdingpo..$ op qc ritc in cxchanjc foiullnt ln uc wctlsnd. Thc Dondwould bc 8 rstuml d€pression t6 col-lccl aiorm-wrt and hlc runoff
Thc U.S. Fish and Wildlifc Serviccrc{ognizca holding ponds as wcl-lands; so would ihe ncw Sa. paul
policy. But ihe locsl ncishborhoodcounc docE nol.
"w6 .Wrnt -a ortu$ ar!1, lot t.ump_," ..14 Plul (}lullr4 bordmGmb.f of tS Orillr Btrt Elrtacommudly CornclL "Wc rut !o
3,:",Ifl. "", rrlr ir iE nrunt
tumiqclly, who hrr owrcd Uc hDdrincc 1963, artu6 thal by ndrrinrtu. proporsl from 22 loirra rc tt.nd . bI lr-r8ryrry for rbc ioldirypond, !c hlr ma &c prtrcrvrdoi
d,cmendr of thc nciftrb6rhood. HcdEo-inriaL lhrl rncr pryru tgce olthc hnd for nculy 30 Fri, .Wc't!
lput io build o[ tttl BrDCrly onc*ry o, rDothcr.'
Ironicrlly, Tuminclly ir rcckinr mortUan Slm,000 ln ciry tuadirii rheimuld pry for lilliry in rbc scrlind.
Srid lrn& "lt doc.o't matc rnvtcn8r. lo h.vc thcm (r &vclopcrilpcnd ucrl own moncy lo rnSlc I
ff HrT,}S * fo, ur io rFud oun
Jocl Jemnit, lcgislstivc counrcl for
tbc .Lcryuc of Mrinnc:ote Citicr, reid$m ff coDclusiom ut bcing ruchcd
tt8acwidc, with municipliricr climi-nrung 3ubiidica io dcvcloErs for
wcd,rnd protcclioo"
"Wcdand srcas arc now vicwcd alcnhanccmc[s. lt's ludicrour to mvdcyclopen for somethin8 rhat'in'.
cr€ases 3he valuc of what lhey hrvc.'
Jamnrk $r(l
lang raid hc did od .cc ttc no-ocl-
lcar ]ltoluliol 8! r limil b &vcloDmcnt in SL Prul. Hc gid ir ooivcmplurizc' thc rolc of rttlandr iiamptovitrt wa3cr qurlity rnd flood
9ol!rol, snd in pmvldim wiEtifc
b&biarl g[d ocsficric Dlcalur.
Slar T.rih{!t mrq
wana devclopmcnl
ust don't wsnt it rt thc crRnrp
lo co[tinuc.
of wctlands." hc raid.
'wewcj
Crimes against gays, lesbians rising,
Ey Xrlttloe Dolrrcltt Mcenwhirc, rqrons of hale crimeg (hatc crimes) rre rcporred thr' poriccsr8tfwrilcr p"*i ..i.'"-ffiifir", fid;,
Hrrccrimcsassinsr*yssndrcsbisn,ffn*oo$r53jf^f PI"ffi"Jffiffi;T;#inourroE:fr#,*fri"Sg#*i.;*t"" 6;;1;"fiiiii'6'r6-tu.i.iiii: --
:*ll,Jg}[fg*"*r:t4"rs
report says
bosic_yiolrtion ofcivil rishu rd toCrtablish o. curiculum in -clcmcnury
rnd tcooodary achoolr ro iafom u-tlllr"
Ird.wced
Av.
a. P.ul
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aho..
Aroa
otdaefl
3t Pr{
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25-50,
P|CI rp dortlld. t.rt'lttr.t tr
I. Combtryt
, , ....'t,,r t lrr..,l !
ltll ttt
Topic.McAfee
wetland
t
ICITY OF
EH[NH[SSEN
690 COULTER DRIVE . P.O. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(512) 937-r900. FAX (612) 937-5739
MEMORANDIJ}I
Tol
FROM:
DATE:
SUBJ:
Don Asht orth, City lIanager
./,Paul Krauss , Pl.anning DLreetor 'Si--
l,larch 15, 19 91
Avoidance of Altered Surveys
The city council will recall staff inforDing thern of a survey that
appeared to have been altered by an individual that was used toobtain a building pennit. We believe that this rras done to avoid
complying with b[i]ding setbacks on a Iot on Koehnen circle'. Staffinvestigated the matter with the Clty Attorney and concluded thatour potential for pursuing the matter legally was linited. we
contacted the State Attorney General's office r{ho indicated thatthey could only pursue action against the surveyor who, in ouropinion, was not at fault. Thus, no action vJas pursued.
In discussing this matter at a staff leveI, I am pJ-eased to reportthat Steve Xirchman, Building official, has cotne up with a
reasonably sinple r.ray of avoiding this problen in the future. He
has taken steps to change the new home permit application fonn toreguire that one of the surveys submitted for the pernit nust be asigned original . The problen reported above stens fron the factthat the altered survey rras a copy of an original that appears tohave been altered after it left the surveyorrs office. In nyopinion, this is a good exanple of city departrnents workingtogether to produce a simple and cost effective solution to what
could have potentially have been a significant problen.
690 COULTER DRIVE . PO. BOX 147 . CHANHASSEN. MINNESOTA 55317
(612) 937.1900. FAX (612) 937-s739
EH.[NH[ESEN
(g t,.
Mtl,I0P,_A\DU\t
TO:
FRO}I :
DATE :
SUBJ:
Pau I Xrauss, Planning Director
Sleve A. Kirchman, Building Official
January 29, 1991
Prevent i on Of Altered Surveys
In response to the concern over detecting and preventing alteredsurveys we have started requ i r ing appl icants to submit in origi_nal survel' with building permit appliations. Hopefulty, thiswill prevent anJ'one from whiting out portions of a survey, mak_ing copies and presenting it as a lnue survey,
CITY OF
CITY OF
EH[NH[SSEN
The following items
taining lo neu home
690 COULTER ORIVE . PO. BOX 147 ' CHANHASSEN, MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
INSPECTIOr'S DM SION POLICY
NEW HOMI' PERMIT APPLICATION
are lnspcctions Division requiremenmenls pet -permi t application wi lhin the Ci ty of Chanhasserr.
l) Applicant must submi I lwo sets
and two Ccrtif ic-ales of Survey.
s i gned oriRinal -
of plans, energy calculal ions
One of the 'surve.vs rnus t l:e a
2)lf tlre house is lo have a septic system. two sets of scplic
design.s are required to be submitted upon building permit
applicatiorr,
3) Thr.r Building Official may rerluire soil tests and engineerirrg
on an) quest ionable lots.
,l) TLc llrri ldirrg Of t ir:ial ura-r' reqrrire enginecrirrg on 1>lans,
Inspect ions Division
Permi ts
Po! icy #13-1991
I)ate: , /28/91
I tt
I
ll
I
MEf\40S, :LsSUL 4
9 d t5.9r
URN
8RW lnc.
PEERING THROUGH
THE RUSHES
E;-._:-43-r-.:- i. , _
by Beth Kunkel, Editor
Our thoughts tum toward spring as
another winter loosens irs icy grip.
Onc€ again &e "V" formations will
be appearing in our skies as the
ever familiar Canada Geese make
their way back fmm &eir winter
rtE€ats. The signs of spring will
soon be everywhere fmm the sight
of melting snow and ic€, to the
tcnitorial cries of the red-winged
blackbird, to the resounding chorus
of the tiny spring peepers.
Many wedand birds and mammals
will be gearing up for another year
ofparcnthood. First, the search for
a mate and prcparing a nest or den
for new offspring, then searching
for and gathering fmd and finally,
guarding and protecting the
new-bom young as lhey maturc to
adults. Not all of the young will
suwive, however, as prEdators,
disease, stawation and severc
weatlrcr take their ioll. The weak
will perish and the srrong will
prcvail; suwival of the fittest.
This issue of Ma$h Memos
focuses on lhe two major wedand
bills being goposed this session,
discusses thc potential impacs
lhese bills conld have on the
permitting proccss and wetland
landownen, ud provides one
consultant's insight on r possible
solution to wedand prBewation
and managem€nl I havc also
included informarion you can use
IT
I !t
i,
r
t(t
..4.
MARS+I
This same battle for survival is
occuning in our state legislaturc
wirh the prDposed wetland
preservation bills. Our Senators and
Reprcsenatives have put together
two major bills they feel will best
pmtect lhis public water rcsource.
Therc are many special intenist
groups, however, tha want to
revise these bills o better scrve
their qpecffic intercss. Thc suwival
of a wetland prcservation bill will
depend on how badly the inlersst
gmups cripple the bill's inrcnr. TIE
inteil, as statcd by MinnesoE
GovenDr Arne Cadson, is tro
achieve'no-rEt-loss" of wetlands.
,
a-
\l
sy.C
t
b
JI MABSH MEMOS
to help keep rack of the pmgrcss
ofthese bills.
Spring is the perfect time to
obsewe the many functions
wedands play in our environmenl I
encourage each of you to take some
time out this spring to explorc a
wedand and see how many wedand
fimctions you can identify. Until
we meet again, enjoy "peering
thmugh $e ntshes."
however, the most sigrificant
change may be in t}r bill's authors.
Rep. Willard Munger, chairman of
the Envircnment and Natural
Resource Comminee, is the bill's
lead aulhor this year, and tlrc
Speaker of the House, Rep. Roben
Vanasek, has also signed on as one
of the bill's co-authors.
Additionally, this bill has been
given a little morc clout by being
inuoduced as tlrc frrst House File
QIFI) for this session.
. Dircct and indircct impacts
would be rcgulated. Indircct
impacts arc not orrE ly
rcgulated. An indirtct impact
was not defined in this bill but
would likely include changes to
water quality, water levels and
vegetation types, etc.
' Two acres of mitigation would be
rcquircd for each acrc of impact
apprcved for any activity.
Mitigation would need o be
completed at least one gmwing
season prior to wetland impact,
and in most cases must bc
complercd within the same
watershed as ttrc impacl
' Calcareous fens and ecologically
significant peatlands would bc
pmtected ftom lilling, draining or
degradation by any activity.
' The wedand owrrr would be
eligible o rcceive an annual
payment for not altering that
wedand, in an amount equal to
one percent of the average
market value of adjac€nt land for
each acrB of wedand. A source of
tunding has not been identified.
1991 WETLAND BILLS
This legisladve session therc are
rwo wedand bills being proposed in
Minnesota. Last year's opponents
to Rep. Marcus Marsh's
"no-netloss" bill have more or less
accepted the idea of a wetland
pmtection bill being passed this
year. In fact, therc seems to be little
doubt, rcgardless of whom you talk
to, that a wedand bill will be passed
this spring in one form or another.
The prcssing question is: how
suong will such a bill be?
The contents oflast year's bill have
gone through a few revisions,
If ftrl is passed as it read on
February 18, l9l, theE will be
several significant changes in the
level of wedands protection in the
smte. These are some of the most
significant changes.
r All wetlands listed on the U.S.
Fish and Wildlife Service
National Wetland Inventory
maps would be subject to state
rcgulation. Essentially all types
and sizes of wedand would be
rcgulated. C\lrendy, only Type
3,4 and 5 wedands greater than
2.5 acrcs (u6an) or l0 acrcs
(rural) are rcgulated by the Sme.
'A wetland mitigation plan would
need to go thmugh alr extensive
rcview prccess including rcview
by the local water management
organi zation, a technical rcview
panel, the DNR, a nodce
. published in the Environmenul
Quality Boad Monitor and a
60day public comment period.
This process would take at lcast
five months.
This bill passed through lhe House
Environment and Natural Resource
Commiree in February with
J:'ntr;Ii-4
.GI'i MARSH MEMOS lYe
rcladvely mimr rcvisions. The bill
is now in the Subcommittee on Soil
uld watcr Resourcrs within the
Housc Agriculturc Committee. It is
wihin thcse two committets that .
tlE bill is likcly to undergo more
significant changes. Wedand
lando*ncn will be looking for
wctland r)?c and size exempdons
fmm rcgulation. Thcy will also be
pushintl for fair compensation for
los of rights on thcir land.
Ttr orhcr ucoand bill bcing
proFnscd this scssion originatcd
fmm Or Scnatc Agriculturc
Commincc and is aurhorcd by Sen.
Orucl Dar is. This bill, Scnatc File
3 (SF3). is quilc lcngthy as it is
modclcd afrcr thc Agricultural
lanxt Prcscrvation Acr. This bill is
srtrsaruially drflcrcnr fmm HFl. It
would rcguirc thc statc to prcparc
rrw wctland invcntory maps and
Itvicrr llrm lrith thc countics. Thc
Boad of ll'arcr and Soil Rcsourccs
*ould thcn bc rcs;nnsiblc for
dcvcloping classi licrrion
proccdures bas.d on public valuc
urd dcscribing whar public uscs arc
dlowablc undcr cach classifi carion.
A *e and o$ncr dcnicd a pcrmit
for a rrqucsrcd usc would bc
cligiblc for compcnsarion bascd on
lhc fair marlicr valuc of thc land
undcr 0tis bill. Scn. Davis spclls
out several funding sources for this
compensation to wedand owners.
Two infomatimal meetings werc
held 0re firse weck of March to
provide the Joint Senarc
AgriculoralfEnvironment and
NaNral Resource CommitEe on
WaEr wilh an explanuion of
existing wedand management and
rEgulatory prcgrarns in &e State.
The Senate Agriculore and
Environment Committees have
been holding several other hearings
around the state to take public
rcstimony. Senator Davis plans to
make several rcvisions to his bill as
a rcsult of the concems that werc
voiced during these meetings.
Again, the concem of many
wedand owners was the size and
type of wedands to be prctected,
how compensation would be made,
where lhe fim0ing for
compensation will come fiom and
who would control the new
Egulatory process.
Given the differcrrcs of the House
and Senate bils, it is clear that even
though therc is overwhelming
suppon by the public for a werland
bill, therc will be rnany revisions
beforc tle cont€nB of a wqlurd
pmtccdon bill will satisf] borh
houses.
ORPHANED WETLANDS
by Fra*Jinl. Svoboda
Thir* about your drive to wort this
moming. Is it always the same? lf
it is, on your next trip take the time
to noticc our dive$e lardscape and
tte rich heritage ofndural
rcsourccs that sunound us. Notice
panimlarly the number of wcdurds
scatts€d fuoughout thc cntire
metropolitan area ard how
different cach one is in size md
appearance. Noticc also that some
are in the midst of rcsidential
devclopmens - perhaps yor own
homc has a view of a wetland. A
wetland may bc ncar thc place
wherc you wort" Many businesses
At thc dmc rhis aniclc was written,
t*o p.rblic hcarings wcrc scheduled
in Thicf Rivcr Falls and in
Maplcton (ncar Mrnkato) lo take
ptrblic tcstimony on this bill. lt is
cr[Ectcd thal amcndmcnts will be
pmpscd in thc Housc Agriculture
Csrmittcc rs a rcsult of t}lcsc
mcctinE\.
$l MABSH MEMOS mN
arc located in aEas wherB wetlands
arc visible ftom tle offic€ window
or ale a shon distanc€ away. It
seems that wherever we tfavel in
the Twin cities metmpolitan arca,
the nearest wedard is m morc than
a few mimrtcs away.
But who takes carc of all these
wetlands? Frcquendy tlrcse arcas
become subjected to abuse and
neglect because they appear to
bclong o no orr. Many wetlands
have been and are being used for
ttle disposal of yard clippings, trce
brarches, household rash and
miscellaneous unused items. They
have, in a sense, become orphans
lost in tle shuf{Ie of prcperty .
tnrnsirctiorui, deserving the besf of
carE but rEceiving instead abuse
and negecL
ln the coune of municipal
development, wetlands arc
ftequendy t}r fir$ choice for storm
water ponding use. The quality and
character of OE wetland has litde
bearing on iE selection for ponding
use - orily its location within the
&ainage rrtwork matlen. Yet
harmless as it may seem, the
indiscriminarc use of a wedand for
storm water management may be
harmtul.
How about tlrc backyard wetland
shared in common by several
neighbors. The easiest way to
dispose of grass clippings and
uimmed fte brarches is to dump it
out of sight into the edge of rhe
wedand, This practice seems
harmlass enough but consider the
effects when multiplied several
times over in the neighborhmd and
ters of thousands of times
throughout tlr metmpolitan aEa.
The result is tlte deterioration in
appearuce of countless wetluds.
Who then shonld look aftcr these
wedands if tlEy belong to "no
onc"? Cenainly there arc agencies
md organizations that have
landholding and custodial
responsibilities. Why arcn't ttey
looking after these wedands?
Obvious agencies that immediately
come to mird are 6€ U.S. Fish and
Wildlife Servicc and the Minnesota
"Frequently these
areas become
subiected to abuse
and neglect because
they appear to belong
to no one."
Depaftme of Natural Resources.
Neither agency manages wedands
of 0te type fourd in metropolitan
arcas - small wetlands ranging in
size between less tlun an acrc to a
few acres in size. These two
agencies gerrrally manage
wedands of consi derable size,
usually in rural arcas, and manage
these areas for the production of
waterfowl and otbr wildlife for
sustainable harvest. U6an wedands
do not "fit" into the management
mandate urder which tlpse
organizations operarc.
Counties might be considercd
possible custodiars of wetlands,
especially agencies such as ttp
rcgional park districts. However,
the focus of these agencies is
loward providing regional
rccrcational opportunities in large
rcgional pa* sysams. These pa*s
do irrclude wedarids but they arc
pan of a larger landscape unit
whictu in is cntirety, is managed
for rccreational use by the public.
Re$onal pa* districts arc not
e$ablislrcd for fie purpose of
holding and managing small
isolated wedands in urban areas.
How lhen ate these individual,
isolaEd wetlands caEd fofl OfterL
as pan of developmerx proFcts,
thesc weduds are sct apan as
outloB or arc dedicated to the local
municipality. Local govenrme s
ar€ rDt in lhe business of managing
wetlands and often lack staff
expertise and time o manage these
isolated tracB. Weuands may be
included as pan of a municipal patft
but again rcmain unmanaged.
Emphasis is placed on maintainlng
the ball diamonds, tennis and
volleyball couns and playgmunds.
The wetlands are left to fend for
themselves.
Other development projecs may
have hommwners oryanizations
established as pan of the
subdivision. Tbqse organizations,
too, arc not equipped to manage lhe
wetlands ttrcy inherit. The r€sult is
that ttrc wedands become the victim
ofneglect ud unintcndonal abusc.
A solution to this problem is one
that has been in use for more than
one hundred years in o0rer parts of
the country, especially on the east
coast. Land trusts have been'
esrablished to take crstody of many
differcnt t)?es ofland, especially
EN MARSH MEM OS
WL
sccnic lands, open space,
agricultural lands and o0pr types
of land that need to be prcsewed
for future generations. ln five
eastem states alone, 67 land trusts
protect and manage wedands along
with orher land types. Throughour
the United States, therc arc over
750land trusts in operation.
Perhap,s tlte best known land trust is
the Naorc Consenvancy with
chapers throughout Nonh Amedca.
One might ask why the Naturc
Cmsenrancy doesn't become
involved with the urban wetlands.
C\nendy, the Nature Conservancy
is focusing is effons on acquiring
rapidly vanishing, unique, critical
and undisofted natural habihts.
With scarce furding, the effons of
tlr Oonscrvancy arc targeted at
keeping these rapidly dwindling
scarce treasures ftom being
destmyed. Many wedands have
been altered by past land uses and
so do not quaIry for acquisition by
the Conservancy.
However, thc mnc€pt of the lard
trust may be applied for specific
purposes such as urban wetlurds.
These tax+xemp land truss may
hold land in fee tide or through
various eascments. They may buy
the land or rcccive it though
ux+xem6 donations. Funds may
be donated to the trust and in tum
the trust can purchase land for
pmtection. TrusS nay be furded
by donations, grants and
membership fees. The morrcy
raised is used to fund the operation
of tlE trust, pay staff expenses and
acquirc appmpriaE tracb ofland.
The timing for rtE esrablishmenr of
r land trust to protcct wetlands in
thc metrcpolilan arca is righr. As
described clscwherc in this
rEwslette( awe ands "no-net-loss"
bill is likely o emerge from rhis
legislativc scsion The Esulr wiU
be that morc weduids wilt be in
needofpermane cusodial care.
The lard tru$ can also serve as a
hbitar banking "hoker." As
ccnain wedands are alErcd by
pcrmiued filling, mitigatior will
need to be accomplished at
apprcpriarc locations. The land
trusr can identify car:Jidate
locations for mitigation banking
ud acguire these propenies.
Mitigation can then be consolidaled
systematically to povide the
gEatest lqrg-term berEfils to the
cnvironmenL
Over thc past several months, I
have bcen raising the idea of a
wetlands tn$t at several meetings
and speaking engagements. The
idea has bccn receiving enthusiastic
rtccpion and well over two dozen
persons have expressed intenst in
the concept Somc even have
wedands they are willing to donate
!o the trust as son as it is
asublished. Ifyou have an intcrtst
in the idea of a wetlands trusL you
may contad mc ar (612) 683-881I
for funher information.
Frat*lin t. Svoboda is a Senior
Scientist at Brawr ltenec
Enviromuwal, wlure lu is
nuruger of thc Special Projects
Section. He k active in wetlands
tssttcs and wites frequewly
about vaious wetlond ropics.
Man) r*vtla;zds are all too ottc^ ,Lsedlot thc dispsol af lottsctuld rtdsh.This
vcrlard il Coon Rapids llas had ro{tng turcrials and ottat iuDa durrpd into it.
I
r;
$l MARSH MEMOS It E\\
Both the House and the Senate
publish newsletters to keep you
inforoed of their legislative
process ard progress.
Scssiontl/cekty is a publicadon of
the Minnesou House of
Reprcsentatives Public lnformation
Offrcc. h is publistrcd weekly
during the legislative session and
each issue repons daily House
action Tlurday (2:30 p.m.) to
Thursday (2:30 p.m.). I. lists biU
inuoductions and advance
commiuee schedules, and provides
othcr information. Subscriptions
are ftee. If you would like to
subscribe contact: Minnesota
House of Reprcsentatives, hrblic
Information Office, 175 State
Oflice Building, SL Paul, MN
55155, or call (612)296-2146 or
r-8u}6s7-3550.
8n'47y is a Senate publication
which provides brief descriptions
of upcoming Senate bills,
committee fmdings and upcoming
commicee meetings (including
timc, place and issues), and Senate
comminee assignments. Bridry is
prbliskd weekly during the
legislative session by the Senate
hrblications Office Building, Su
Paul, MN 55155. h is mailed frce
of charge to anyone who would like
to subecribe. If you wish o be
placed on the mailing list you can
wdte to tlE addrEss above or call
(612)2964s0/.
For more information regarding l9l Minnesota bills (all of
the following telephone nurnbers are within the 612 area code):
Electronic communication for
hearing impaired persons. Cfo ask
questions or leave messages)
call:
House TDD Lirc 2969896
SenareTDDLtuE 296{?5,0
Minnesota House bills:
For Ilearing Impaired:
To obtain a copy of a bill, call:
Chief Oert's Office
29G2314
To obaain a copy of a bill (voicc
mail), call:
2W2v3
To find out about bill
intmductions or the status of a
specific bill, call:
House In&x Officc
296-ffi6
For irdex ard information, call:
29ffi5m . '
For upto-datc commisee times
urd agerdas, call:
29G8088
24-Hour Recorded Information
for the Hou*:
fur uPto-date committec meedng
times and agendas, call:
House CaIIs 2969283
For a rcport of the day's
comminec action, call:
Commiuee Repofi 2n-1264
If you wish to express your opiniong c,oncerns and/or support
for a specihc bill, call or write the representative(s) or
senator(s) authoring the bill. The authors of HF-l and SF-3 are
listed below.
Rep. Willard Munger 2964282
Rep. Roben Vanasek 2964229
Rep. Marus Marsh 296-9714
Rep. Henry Kalis 29U2q
Rep. Steve Dille 2964344
AddrEss letreE b:
Mfuulesota House of
Represcnutives
AtEl: Name of E Representative
St Paul, MN 55155-1298
Addrcs leners o:
Mhnesota Senate
Attn: Name of Scnator
Rmm 843 (this is the Senate Post
officermm)
sL Paul, MN55155-1298
Sen Gurles Davis
Sen Gene Meniam
Scn Roger Moe
Sen Earl Renneke
Sen. Bob t essard
296-234
2964tv
296-2577
2964125
2964t36
KEEPTNG rN-IOUCtr_
Minnesota Senate bills:
Co-authors of House Frle No. I Co-Authors of Senate File No. 3
EN MARSH MEMO S W
E.:..ESE!E]GE
Federal Fee Increase Proposed
As publislrcd in the October I l,
199O, Federal Regsrer, the Army
Corps of Engineen pmposes ro
raise its permit application fees for
wort in "waten of the U. S." The
new fee strucnrre is aimed at
rccovering the costs incunEd by the
Corp6 for pmviding permit
application rcview services. The
currBnt fees rcponedly do not
sufficiendy rccover these costs.
Under the current program, wetland
delineadons are mnducted by the
Corps ftec ofcharge. Current fees
for a Section 4O4 lndividual permit
are $ 100 and $ l0 for commercial
ud non+ommercial activities,
Espectively. These fees arc paid,
under the currcnt prDcess, at the
time a pemit is issued.
Under the proposed fee structure,
several significurt changes would
be made. Fint, the application fee
would be due at the time lhe
application is submitted nther than
when a permit is issued. In other
wods, payment is made even if the
permit is denied. Additionally, the
fees would be incrcascd to S2000
and $50 for commercial and
mn-commercial activities,
r€spectively. Ilsdy, fees wonld
also be charyed for wedand
delineations. These fees would
nnge ftom $3tD for a parcel less
than en acres, o tl50Or for
parcels geater Olan 50 acres.
The Corps would also rcquirc fees
for holding public hearings,
prcparing EISs, and place an
additional 30 percent surcharge on
afrr-the-faa permit applications.
The time ftame in which this new
fee suucorc is to be implemented
is still uncenain The last word was
the proposal was moving tbmugh
the rcvierPal prooess in
Washington, D.C.
Executive Order Issued
On January 17, l9l, Minnesota
Govemor Anp Carlson issued an
Executive Order directing all state
depanments and agencies to
operate under the fuU ercent of
their authority to follow the stricr
concept of "rrc-net-loss."
Im plementaion of ftis "no-net-loss"
executive order is ded by federal
This exccutive order also rcquires
the Commisioner of Natural
Resourc€s to rcpon yearly o the
Govenor and ttrc House and Scnate
environment commirees on the
impleme ation of tr Execudve
order and the status of Minnesou's
wetlands.
Mrrri Mcoc L prblirhcd by BX,[
hc. ! r s"icG !o irdividdr idt Grad
h *trLads nd rulnd i'rrEr. Tb
o1inirlr srFBscd t! rbc of dtr
Gdbd &d..o-.trty rtFtsr
thr vi.rrlr of BnW' IE. The nrqirl h
Mlri MclDaLdi !rdc( E
fuuld ir tc uro4 E r lrbain& for
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ctnrcl c rcaulrrry qcicr fc
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rin'-dor.
hforarrbo Ercfr4r
If yrn hnc r rpciEc topic loo rcdd
[tc covcrt( c ifyou rt instacd h
couitrlritlt infmairnc ra aicb,
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7(IlThirdSEraSd
Mirrrpolir MN 55Atl
Bdh KE&cL F,lha
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I
NEWS AND VIEWS mitigation re{uircments. First,
avoid wedard impacts, then
minimirc, ald las0y mitigare all
frurtional values ofdr wetland
losL Mitigation must be
rccomplislEd first by rcsOration of
draiDed wedands. second by
enharc€ment of exisling weUands,
ud last by thc cEation ofncw
s,Edands.
:
I:
JI MARSH MEMOS R
HoIl, I Fr l=l- B. ECoM E9-L4U
lrom Owdoor News
The first step of the lawmaking
prccess is to transform an idea into
a specific prcposal for a law. The
proposal may be for a new law, for
changing a current law or for
rcpealing a law. The proposal may
originate fiom a variety of sourcrs:
individuals, prblic interest groups,
state agencies or businesses.
In bicameral legislatures, a biU
mus pass both bodies and be
signed by the govemor of the state.
Beforc a bill can begin to be
pocessed through either of tte two
bodies, it must be given its fint
formal "reading." The first rcading
occurs when the bill is introduced,
given a file number ard assigned to
a comminee for a hearing.
The committee chair decides a
hcaring date for the bill. During the
karing, proponents and opponens
give testimony on the merits of the
prcposal. Any person may testify
on any bill.
Bnwhlc-
Thrcshet Square
7m Third Str€et So.
Mirurapolir,
MN 55{15
After weighing all the testimony
and thomuglrly examining ad
discussing thc pros and com of the
bill, OE commiucc memben may
take several differcnl courses of
action. The membct's may vote !o:
rccommend that thc bill be passcd
and sent dirc{tly to the Hotse or
Senarc flooc 4prove the bill ard
send it to the floor of etother
commiEee without a
rccommendation for passage; kecp
ir in commiu€e furdefiniteb';
rccommend that $c bill be passed
and sent to uro$er commiEee; or
simply defeat iL
After a bill is rrponed out of its
final commiuee, it is given its
second rcading ard placed beforE
the entire body of Or G€rEral
Orden Calendar. The cntire body
then resolves itclf into a
Commitrce of Ule Wlrole to
consider the bill ad disq$s tlE
merirs of the proposal. Floor
amendmcnts are comidercd and a
preliminary vote on the bill is
taken lfapproved, the bill is laid
over for at lcasr 24 houn beforc
being placed on the Senate
Calcndat 8nd considered for fnal
passage. TtE bill is given a rhid
reading prior to the votc for final
passage. Afrer final passage, the
bil is sent to fle other body.
If a prcposal srvives all tlEse
ohacles, it is s€nt to the govemor,
wherc it faces another tcsL The
govemor may sign tlrc bill ino law,
vero iL or allow the biu !o cxpirE
witlnut signing it A vcto may be
ovenidden ifbotr bodies rcpass $€
bill with twGthirds majority vote.
BULK RATE
U.S. FOSTAGE
Bto
PERMIT t'tO. 847
Mds., MNDon Ashrorth
City of Chanhassen
690 Coulter Dri ve
Chanhassen, ilt{ 55317
BlNv
I
Members of the commiuee can
change a bill. Tlrcse clunges ar€
called amendments. The membcn
may recommend that tle bill be
amended to improve it or to lladt a
mmpromise among the bill's
proponents and omoncots.
In 0r Mnrrsou LegislatuE, a bil
Eusr pass lha Senate sd thc House
of Rcprcsanrarives in idcntical form
to becomc a law. Ifone body
makes a clange !o tp bill and ttrc
other body does mr accept ftat
clrange, a confercnce commiuee is
Gtablished to woft out a
complomisc vcrsian. The
compromise version must lltcn be
rcpasscd by both bodies.
II \\