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06-7-95 Agenda and Packet AGENDA FILE CHANHASSEN PLANNING COMMISSION WEDNESDAY, JUNE 7, 1995, 7:00 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIvL CALL TO ORDER 7:00 P.M. PUBLIC HEARINGS 1. Site plan review of a 5,000 square foot restaurant on 1.38 acres of property zoned PUD, Planned Unit Development, located on Lot 1, Block 1, Chanhassen Retail 3rd Addition, Perkins Family Restaurant, Guy Payne. 2. An amendment to the City Code, Chapter 18 regarding platting procedures, date required and design standards and Chapter 20 regarding definitions; identification of arterial and collector streets; standards for sales trailers; wetland protection and shoreland regulations; supplemental regulations and the following zoning districts of PUD, A2, RSF, R8, BN-Neighborhood Business, BH-Highway & Business and IOP-Industrial Office. OLD BUSINESS NEW BUSINESS 3. Consider Approval of Tax Increment Financing District No. 4, consistent with the City's Comprehensive Plan and Zoning Ordinance. 4. Amend Planning Commission By-laws. APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS OPEN DISCUSSION 5. Conceptual Review of the Villages on the Ponds, Ward Property, located south of Hwy. 5 between Great Plains Blvd. and Market Blvd. 6. Discussion of Buffer/Transition Zone Ordinance. ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. CITY O FCHANHASSPC DATE: 6/7/95 • E N CC DATE: 6/26/95 CASE #: SP #94-6 By: Generous:v STAFF REPORT PROPOSAL: Site Plan Review of a 5,000 square foot restaurant, Perkins Family Restaurant F- Z LOCATION: Lot 1, Block 1, Chanhassen Retail 3rd Addition, 951 W. 78th Street V APPLICANT: Guy Payne Perkins Family Restaurant (1. 6075 Poplar Avenue, Suite 800 a, Memphis, TN 38119 (901) 766-6400 PRESENT ZONING: Planned Unit Development, PUD (commercial) ACREAGE: 1.37 acres • ADJACENT ZONING AND LAND USE: N - General Business, BG, vacant, West 78th Street S - Highway 5 E - PUD, Target W - R12, ponding area, Powers Boulevard 17.4.Q WATER AND SEWER: Available to the site W PHYSICAL CHARACTER: The site is bordered by 3 major collectors, Hwy. 5, West 78th, and Powers Boulevard. This site serves as the western entrance (I) for the downtown area. 2000 LAND USE PLAN: Commercial Muni �� BEACH \,PTA ai�Ll ggrrfia �� ` K Il - 0 Si � ■ SHENENDO �� T tip 1 �' o CIRCLE aim". ..r _� �� -�i' �i 41-401:1 qii �� VIOLET �� «t!} ':!,`i!liiIti IL+ ♦ ROAD . • ` % NORTH;) c k ..• , LOTUS v WIel 31 1nlik,,-W � M i41ni3 e LAKE t *4�� R':44.l s .r�4 Q ,�`/ PARK ♦Lib. =r n irl f '�di_ _ Era i� •� \- — ‘.. ICU UNE )*gm,, W ---• 11�� r� ,,,, .re.` apt'- I" ��'�• \l Haif/k�di .: �� ' 1� ` 4644 L OTOS `~ S� ��• � 4 -Z�11Rt.414/4 a • ••R 13" 6 ViR• \ �.itr� i:- �� : _hiriii 1 • \kw'? 10 *It' '4 — Irk. �1/n 1��1 u *A.. 40 � ,41 • 13414 —•- -._____Lc _30 tea:2_ • ��►t f• *up- MUMPS\1 r t� �4 ,.A L• ilitv;a7; c- e\-)c• ip .,4,....... 4,.. ,..•• . , (weir, -.-1P MO Al..vdellillikgmlii ?ES c-Viiiiiiiiii I. 4 %. ' ..... . -viime.< Apnoea: sotti .4 ar42,4„;,) - . ,,L,L,./../e.,,,,,liame glatOrt.,14e11011. . . �� • LAKE ) �'1a MEA DOW • v. ��A Ad m, k ,� • � i e*jm1 . 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VI* : VP ". . ,'#' 3 ► ' 4. vate r.i! s \eilbut- a - i _ / =2('Ilt Its h.c‘-'"Ord: cik r1 I4 ' 4. �� ATI �� .\ -4,,,i; vi 7.ti.A WI - . ,_PARK 1 \,oA.., j F � 110‘. .,.in Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 2 PROPOSAL/SUMMARY The applicant previously received site plan approval for this project. However, the applicant is proposing significant changes to the building elevations and roof treatment that warrant a new site plan review. The applicant is proposing a 5,000 square foot Perkins Restaurant on Lot 1, Block 1, Chanhassen Retail Third Addition. The design of Perkins is an Exterior Insulation and Finish System (E.I.F.S.), which is a nonload bearing exterior wall cladding system consisting of an insulation board, an adhesive and/or mechanical attachment of the insulation board to the substrate, an internally reinforced base coat on the face of the insulation board, a protective finish applied to the surface of the base coat and applicable accessories that interact to form an energy efficient exterior wall, with ceramic tile accent panels at the sign panels and on the adjacent columns. The primary building color is a sandy/beige (Stolit R color 04432) with a brownish tan accent (Stolit R color 04433). Columns are located at the sign panels and the customer entrance area. The building is 19 feet high at the top of the parapet with a 4 3/4 foot high standing seam pitched roof element. Multi-colored window canopy awnings are provided over the windows on the southwest corner, west and north elevations of the building. An accent band runs below the metal roof cap, above and below the windows, and in the vertical reveals on the building columns. Neon tubing encircles the building below the parapet crown and around the sign panels. The applicant's previous plan was considerably different. The applicant proposed a 5,000 square foot Perkins Restaurant on Lot 1, Block 1, Chanhassen Retail Third Addition. The design of Perkins was stucco with a ceramic tile accent band around the entire building. Columns were spaced 15 apart. The building was 17' 8" high with a 41/2 foot high standing seam mansard pitched roof element on all building elevations. Window canopy awnings were provided on two sides of the building. An accent band ran above and below the ceramic tile accent panels and approximately 21/2 feet above ground around the entire building. The development partially meets the building materials and design criteria established as part of the PUD. The Highway 5 standards require the use of a pitched roof as well as screening for rooftop equipment from the roadways. The applicant has incorporated pitched roof elements on the north and west elevations of the building topped with a parapet wall. Staff believes these two elevations meet the intent of the ordinance. However, the east and south elevations have no pitched roof elements and have minimal architectural treatment. Staff believes that major architectural revisions are necessary for the east and south elevations to make it consistent with the requirements of the Highway 5 standards and the PUD requirements. Trash enclosures shall be architecturally compatible with and of the same materials as the principal structure. The applicant is proposing the painting of cinder block Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 3 for the trash enclosure which is prohibited. Trash enclosures shall also be vegetatively screened from all right-of-ways. Staff believes that the previous plan complies with the Highway 5 standards and the PUD requirements established for this site. If the City believes that the previous plan is a better site plan, then this site plan review request should be denied. If the City believes that this site plan is a better proposal, staff would recommend that the item be tabled to permit the applicant to incorporate the recommended changes to the building elevation and site plan as outlined in this report. BACKGROUND The City platted Chanhassen Retail 2nd Addition on October 10, 1994. That subdivision was the replat of Chanhassen Retail Addition Outlot B. Outlot B was created with the "Target" plat for future development. The city created two outlots with the Chanhassen Retail 2nd Addition. Outlot A was retained by the City for landscaping and gateway features. Outlot B was sold to Ryan Companies. Ryan Companies replatted Outlot B, as part of Chanhassen Retail 3rd Addition, into 3 lots for Perkins, Taco Bell, and Boston Market restaurants. The Perkins on Lot 1, Block 1 is 1.37 acres and includes a 5,000 square foot building with 85 parking stalls and Taco Bell on Lot 3, Block 1 is 0.84 and includes a 1,800 square foot building with 34 parking stalls. The subdivision and site plan approval for Perkins and Taco Bell was given on October 10, 1994. The Boston Market restaurant is a 3,100 square foot structure on Lot 2, Block 1, which is 0.95 acres. The site plan for Boston Market was approved on February 13, 1995. GENERAL SITE PLAN/ARCHITECTURE The applicant is proposing a 5,000 square foot Perkins Restaurant on Lot 1, Block 1, Chanhassen Retail Third Addition. The design of Perkins is an Exterior Insulation and Finish System (E.I.F.S.), which is a nonload bearing exterior wall cladding system consisting of an insulation board, an adhesive and/or mechanical attachment of the insulation board to the substrate, an internally reinforced base coat on the face of the insulation board, a protective finish applied to the surface of the base coat and applicable accessories that interact to form an energy efficient exterior wall, with ceramic tile accent panels at the sign panels and on the adjacent columns. Columns are located at the sign panels and the customer entrance area. The building is 19 feet high at the top of the parapet with a 4 3/4 foot high standing seam pitched roof element on the north and west elevations. Window canopy awnings are provided over the windows on the southwest corner, west and north elevations of the building. An Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 4 accent band runs below the metal roof cap, above and below the windows, and in vertical reveals on the building columns. DEVELOPMENT STANDARDS The following development standards were approved with the first phase of the Chanhassen Retail Center. These standards are to be used for the entire PUD or any additional phases. a. Intent The purpose of this zone is to create a PUD commercial/retail zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to appropriate commercial and service uses consistent with the City's CBD development goals. The uses shall be limited to those as defined herein. If there is a question as to the whether or not a use meets the definition, the City Council shall make that interpretation. 1. Day Care Center 2. Standard Restaurants 3. Health and recreation clubs 4. Retail 5. Financial Institutions, including drive-in service * 6. Newspaper and small printing offices 7. Veterinary Clinic 8. Animal Hospital 9. Offices 10. Health Care Facility 11. Garden Center (completely enclosed) 12. Bars and Taverns 13. Fast Food Restaurants (Maximum of 2) * * Drive thru's should be buffered from all public views FINDING: The use is permitted in the PUD district. Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 5 c. Setbacks In the PUD standards, the building setback for commercial is 50 feet from any public right-of-way, parking along right-of-ways shall be set back 20 feet. Street Building Parking Setback Setback West 78th Target 55 feet 20 feet Outlot B 50 feet 20 feet Powers Boulevard 50 feet 20 feet Hwy. 5 Target 120 feet 20 feet Outlot B 50 feet 15 feet FINDING: The location of Perkins meets these standards. d. Development Standards Tabulation Box USE Lot Area Bldgs Bldg Sq Ft Parking Coverage % Target 10.29 ac 1 117,165 585 76.3 Outlot B 2nd Add 4.62 ac. 0 0 0 0 Outlot A 1.46 ac. 0 0 0 0 Landscaping Perkins 1.37 ac. 1 5,000 82@ Taco Bell 0.84 AC. 1 1,800 34 Boston Market 0.95 1 3,100 52 TOTAL 16.31 4 127,065 753 66 * Cumulative Lots 1, 2, and 3, Block 1 is 68 percent impervious @Does not meet code requirements (5,000/60 = 83) FINDING: Complies with the development standards established as part of the PUD. One additional parking space must be added to the parking lot. This space can be accommodated Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 6 next to the trash dumpster in the south central portion of the site by revising the corner configuration or reducing the size of the trash enclosure. e. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 1. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels. Painted surfaces shall be allowed on the Target store only. 2. Brick may be used and must be approved to assure uniformity. 3. Block shall have a weathered face or be polished, fluted, or broken face. 4. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured or coated. 5. Metal standing seam siding will not be approved except as support material to one of the above materials or curtain wall on office components. 6. All accessory structures shall be designed to be compatible with the primary structure. 7. All roof mounted equipment shall be screened by pitched roofs, except for the Target store shall have a parapet wall for screening. Wood screen fences are prohibited. Screening shall consist of compatible materials. 8. All outlots shall be designed with similar material and colors as Target. (Target was the first store to build and they establish or set the theme.) 9. All buildings on Outlot B shall have a pitched roof line. FINDING: The development partially meets the building materials and design criteria established as part of the PUD. The Highway 5 standards require the use of a pitched roof as well as screening for rooftop equipment from the roadways. The applicant has incorporated pitched roof elements on the north and west elevations of the building topped with a parapet wall. Staff believes these two elevations meet the intent of the ordinance. However, the east Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 7 and south elevations have no pitched roof elements and have minimal architectural treatment. Staff believes that major architectural revisions are necessary for the east and south elevations to make it consistent with the requirements of the Highway 5 standards and the PUD requirements. Trash enclosures shall be architecturally compatible with and of the same materials as the principal structure. The applicant is proposing the painting of cinder block for the trash enclosure which is prohibited. Trash enclosures shall also be vegetatively screened from all right-of-ways. The applicant must also provide for a roof access stair complying with MSBC 1300.4500. This revision to the plans must be made before issuing building permits. In order to bring this site plan into compliance with the Highway 5 and PUD standards established for this site, staff recommends the following revisions: Front elevation (west): 1. Incorporate a ceramic tile accent panel in the vertical "column" spaces around window openings. Rear elevation (east): 1. Incorporate a standing seam metal roof along the entire facade. 2. Incorporate a design feature similar to the sign panel elevation on the rear elevation which projects out from the building. 3. Add vertical "column" spaces with ceramic accent panels in blank wall areas. 4. Incorporate recessed areas to mimic window openings in the blank wall areas. Left Side elevation (north): 1. Incorporate a ceramic tile accent panel in the vertical "column" spaces around window openings and at the sides of the sign panel. 2. Add vertical "column" spaces with ceramic accent panels in blank wall areas. 3. Incorporate recessed areas to mimic window openings in the blank wall areas. Right Side elevation (south): 1. Incorporate a standing seam metal roof along the entire facade. Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 8 2. Incorporate a design feature similar to the sign panel elevation on the rear elevation which projects out from the building. 3. Add vertical "column" spaces with ceramic accent panels in blank wall areas. 4. Incorporate recessed areas to mimic window openings in the blank wall areas. 5. Continue the accent at southeast corner of the building. f. Site Landscaping and Screening In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 1. All open spaces and non-parking lot surfaces (outlot) shall be landscaped, or covered with plantings and/or lawn material. 2. Outdoor storage is prohibited. 3. The master landscape plan for the Target PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6. Outlot B shall be seeded and maintained in a weed free condition in all areas proposed for future development. FINDING: The applicant has prepared a landscaping plan for the development. The landscape plan needs to be revised as follows: add three red oaks on the west side of the parking lot, add one hackberry in the southwest corner of the parking lot, and add one black hills spruce to screen dumpster area; revise plant schedule to specify 4 skyline honey locust, 3 sugar maple, 4 black hills spruce, and 12 clavey's dwarf honeysuckles; delete red splendor crab (unless used for foundation planting), delete spring snow crab (unless used for foundation planting), delete colorado green spruce, jackman potentilla (unless used for foundation planting), and delete snowmound spirea (unless used for foundation planting); and provide foundation plantings per city code. The applicant shall install an aeration/irrigation tubing, see figures 11-2, in each peninsular or island type landscape area less than 10 feet in width. Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 9 g. Signage One freestanding pole sign be permitted for Target and one for the other buildings in Outlot B. All buildings in Outlot B should be limited to monument signs. 1. Each property shall be allowed one monument sign located near the driveway into the private site. Monument signage shall be subject to the monument standards in the sign ordinance. 2. Wall signs are permitted on no more that 2 street frontages. The total of all wall mounted sign display areas shall not exceed fifteen (15) percent of the total area of the building wall upon which the signs are mounted. 3. All signs require a separate permit. 4. The signage will have consistency throughout the development and shall tie the building materials to be consistent with the signs. This includes the freestanding wall and monument signs. Signs shall be an architecture feature, they shall not be solely mounted on a pole of a foundation. 5. Consistency in signage shall relate to color, size, materials, and heights. FINDING: The applicant has met the intent of the PUD standards for the site. The applicant is permitted wall signs on only two walls per building up to a maximum of 15 percent of the wall area. Only one pylon sign is permitted for the three lots. Each parcel may have an individual monument sign on their lot. The applicant shall incorporate individual dimensioned letters within the development. Monument and pylon signs shall be a minimum of 10 feet from the property line. No backlit awnings shall be permitted. No brightly colored striping or bands shall be permitted. The applicant is also proposing the installation of a 70 foot high flag pole. However, there is no locations given for the flag pole placement. Staff is recommending that the maximum size of the flag be limited to 80 square feet consistent with a pylon sign in a commercial district. In addition, the flag pole should comply with sign placement limitations. h. Lighting 1. All light fixtures shall be shielded high pressure sodium fixtures. Light level for site lighting shall be no more than %z candle at the property line. This does not apply to street lighting. Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 10 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. Light poles shall be Cortex, shoe box light standards. FINDING: The development complies with the lighting requirements established in the PUD. Lights shall incorporate photoelectric cells for automatic activation. ACCESS Access to the site shall be provided via Target Lane and an internal private street system. The Fire Marshal has noted that one additional "No Parking - Fire Lane" sign must be placed on the north side of the building. In addition, where "No Parking Fire Lane" signs are installed, curbing must be painted yellow. This should be indicated on the overall site plan. Also, a 10 foot clear space must be maintained around all fire hydrants. LANDSCAPING The applicant has prepared a landscaping plan for the development. The landscape plan needs to be revised as follows: add three red oaks on the west side of the parking lot, add one hackberry in the southwest corner of the parking lot, and add one black hills spruce to screen dumpster area; revise plant schedule to specify 4 skyline honey locust, 3 sugar maple, 4 black hills spruce, and 12 clavey's dwarf honeysuckles; delete red splendor crab (unless used for foundation planting), delete spring snow crab (unless used for foundation planting), delete colorado green spruce, jackman potentilla (unless used for foundation planting), and delete snowmound spirea (unless used for foundation planting); and provide foundation plantings per city code. The applicant shall install an aeration/irrigation tubing, see figures 11- 2, in each peninsular or island type landscape area less than 10 feet in width. GRADING/DRAINAGE The site in general will be graded by the developer, Ryan Companies. It appears the site plan is compatible with the proposed site grades. The parking lot drainage also appears to be compatible with the master site plan for Chanhassen Retail 3rd Addition. The only change that staff sees on the plan would be the location of the sidewalk adjacent to Target Lane. The sidewalk should be relocated to access the service drive where the stop sign is located to provide safe crossing movements for pedestrians. Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 11 Erosion control measures on the site have been installed by the developer with the initial site grading. This applicant should be responsible for maintaining the erosion control on the site until the site has been fully revegetated. LIGHTING/SIGNAGE The development complies with the lighting requirements established in the PUD. Lights shall incorporate photoelectric cells for automatic activation. The applicant has met the intent of the PUD standards for the site. The applicant is permitted wall signs on only two walls per building up to a maximum of 15 percent of the wall area. Only one pylon sign is permitted for the three lots. Each parcel may have an individual monument sign on their lot. The applicant shall incorporate individual dimensioned letters within the development. Monument and pylon signs shall be a minimum of 10 feet from the property line. No backlit awnings no be permitted. No brightly colored striping or bands shall be permitted. SITE PLAN FLNDLNGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 12 a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: While the site design complies with the city's ordinance requirements, the building itself does not meet the Highway 5 standards nor the PUD standards and is inconsistent with the harmonious development of the area. RECOMMENDATION Staff recommends that the Planning Commission adopt one of the following motions: Alternate 1 "The Planning Commission recommends denying Site Plan #94-6 prepared by RLK Associates and John P. Shaw, dated May 8, 1995, for the following reasons: 1. Inconsistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted. 2. Creation of non-harmonious design for structures and site features: materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses. Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 13 (Approval of this alternative would leave the original site plan approval in place and its corresponding conditions.) Alternate 2 "The Planning Commission recommends tabling Site Plan #94-6 prepared by RLK Associates and John P. Shaw, dated May 8, 1995, to permit the applicant to address the following conditions: 1. The sidewalk shall be relocated to access the service drive where the stop sign is located to provide safe crossing movements for pedestrians. 2. The applicant shall be responsible for maintaining the erosion control on the site until the site has been fully revegetated. 3. Developer shall be responsible for obtaining all necessary agency permits associated with the development of this site including but not limited to watershed district, PCA, MWCC, Health Department. 4. All internal streets and drives within the overall development are considered private and shall be maintained as such. 5. The developers shall enter into a site development contract with the City and provide the necessary financial security to guarantee compliance with the terms of approval. 6. Construction access to the parcel shall be from the existing Target driveway and not West 78th Street or Powers Boulevard. The applicant and/or contractor shall install and maintain a gravel construction entrance until the access driveway is paved with a bituminous surface. 7. Trash enclosures shall be architecturally compatible with and of the same materials as the principal structure. Trash enclosures shall also be vegetatively screened from all right-of-ways. 8. The landscape plan needs to be revised as follows: add three red oaks on the west side of the parking lot, add one hackberry in the southwest corner of the parking lot, and add one black hills spruce to screen dumpster area; revise plant schedule to specify 4 skyline honey locust, 3 sugar maple, 4 black hills spruce, and 12 clavey's dwarf honeysuckles; delete red splendor crab (unless used for foundation planting), delete spring snow crab (unless used for foundation planting), delete colorado green spruce, jackman potentilla (unless used for foundation planting), and delete Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 14 snowmound spirea (unless used for foundation planting); and provide foundation plantings per city code. The applicant shall install an aeration/irrigation tubing, see figures 11-2, in each peninsular or island type landscape area less than 10 feet in width. 9. One additional parking space must be added to the parking lot for a total of 83. 10. The applicant is permitted wall signs on only two walls per building up to a maximum of 15 percent of the wall area. Only one pylon sign is permitted for the three lots. Each parcel may have an individual monument sign on their lot. The applicant shall incorporate individual dimensioned letters within the development. Monument and pylon signs shall be a minimum of 10 feet from the property line. No backlit awnings shall be permitted. No brightly colored striping or bands shall be permitted. 11. Revise the building elevation as follows: Front elevation: a. Incorporate a ceramic tile accent panel in the vertical "column" spaces around window openings. Rear elevation: a. Incorporate a standing seam metal roof along the entire facade. b. Incorporate a design feature similar to the sign panel elevation on the rear elevation which projects out from the building. c. Add vertical "column" spaces with ceramic accent panels in blank wall areas. d. Incorporate recessed areas to mimic window openings in the blank wall areas. Left Side elevation: a. Incorporate a ceramic tile accent panel in the vertical "column" spaces around window openings and at the sides of the sign panel. b. Add vertical "column" spaces with ceramic accent panels in blank wall areas. c. Incorporate recessed areas to mimic window openings in the blank wall areas. Perkins Restaurant Site Plan 95-2 June 7, 1995 Page 15 Right Side elevation: a. Incorporate a standing seam metal roof along the entire facade. b. Incorporate a design feature similar to the sign panel elevation on the rear elevation which projects out from the building. c. Add vertical "column" spaces with ceramic accent panels in blank wall areas. d. Incorporate recessed areas to mimic window openings in the blank wall areas. e. Continue the accent at southeast corner of the building. 12. The maximum size of the flag shall be limited to 80 square feet. In addition, the flag pole location shall comply with sign placement limitations. 13. One additional "No Parking - Fire Lane" sign must be placed on the north side of the building. In addition, where "No Parking Fire Lane" signs are installed, curbing must be painted yellow. This should be indicated on the overall site plan. Also, a 10 foot clear space must be maintained around all fire hydrants. 14. The applicant must provide for a roof access stair complying with MSBC 1300.4500. This revision to the plans must be made before issuing building permits." ATTACHMENTS 1. Development Review Application 2. Proposed Building Elevation (front and rear) 3. Proposed Building Elevation (left and right) 4. Approved Building Elevation 5. Figure 11-2, Aeration/Irrigation Tubing 6. Public hearing notice and property owners ii A- -:t 1 A 4 t 1 i ; li f 4! 1 A a �� . ._ —ti II .., Pi ,7=7,r,1: 1.1 .g.:_':i ;;;;i::7 1 , � , - 1 • 1itti i.. : . , 1Ra 11—� , ,InE,,,., iii, ' --I '' 15 t1 I I 13 L 111112117..."'n't-.. . 110 , it 10 t I� J�� 1 Ci) - �-_- �.. .-- It , 1-;H --G rn I I lilt' . v il :,,iii,ill 1.:/yr, 111 1 (//: . 1.0 ii ...larikia , r IEi0' i ), Illy tell , :.1 , z f ! it1,_ i il �- 1- 1, t_ las z -, iii . n ' y /1 a t3 31 i l Le B i .. £/£ d 1901 oII IS38 AlIWVd SNIN83d Wd£O:£ 5661 61 '1dd . -� . . _.it_� IEJi s MI 13 o L.. 14\: - • 0 1 - ! I CA •.. ill .• • . r kill r < i ,� rn :a • t- 1' ti I_• `. C 111 * ill (Vf. :1 • . . �1 i!, ' . • • t Z • 1 1 1/.........:! MN ."1.- ,.:.. I 1r r 1 • 1 im f el iI hi "t al==.17.e:,:.c- ■ma_ kliiiiiliN. .• i--. ....._, i 1 : • ..,.... inf . , , ,< , .. , :ip .. r--- i;21 L Y! ,1" 1— Vii ii 1 S 1 a —i i' q i T ti 1 ... I, 1 t� { i 1/1/p//J-,1�, ii „ al II 1 It- 1- t ° I fl_ Ik 1 I i s! d ii p '„..1 I ‘1.1 ....' �i v_ I____ ...._ ei i r, . 1 pp 1 1 1 1 . . . ii } f; i ; I kli 1 'ill ;k > 1 € Z 11 i ift. Q 1 • E J F tF s 31 • ,� 1 I Ir 1 i illi lit' �I I it i \.T—. 1.,. : imwmeillnivra IL lip' IIT : '� I t - ■I�fli % ,serh ;. I -;;al.:. ; Mg qp ,n ' ,' al `� I _ '�I'II , c^ aM;11111 _ l:-- �i ^i ti .I'll Gpri:iit1 ..y\ $ I II r i --- _ .iii. 111:11 l '. E. N° / : 1 f:Ej_ '::-77' . _ .117 g iminirmoidid 3, _ - x , i 010 _ _ ;ii1 iil 11 _ __ I � , ,___ - ,.1 dr I / _— Iiii :: 1 11 11 i ..1 I 'L Mia ttv r I • Er I o R 3 a If Z lir &A I u • • • aTam s$ 1' .. 1, ago ;± �� , + >, E i • PP IIdP I� - -1 q i 1.. ' 4 I n - f I �-.: , - : 1JIliIiiI. k1 ' ti' a z... .-. _. I• I t _ _- l _ ! :ttlpttC�. � _ \ 1 rLI 1:Ill' ! mg t 4 �., ',. a f ,-` R _ 4I >< $ A i!'f c f 9a gg 1=e \ s41 e"I6i \ ; II, I R� 1€ N as �^ �i m ii e c 0 • 41GHT HAND KITCHEN-Ell.F.5. EXT-WOOD JOIST I. 0 1111! 5-1 II 1 .,:v 1 g z......... 7 rz....F.....=....... 9 5 ` PC 194I93LVA'OMCIAMATNo5 aQirg thav,p.a�...me £ ' t /��I�/l!6 ou»Na�I�.®vrA i \ a is '1FAg Away... KM/MK K 11111( 1 d "� ', _t I truck. Rock up to the bottom of the covers reduces debris collecting in the planter, 3 t Hardware cloth (coarse metal screening)under the covers has been used to keep rats - f t ir out; but the wire must be inspected frequently to prevent girdling. � .., . Perforated PVC pipe (100- to 125-mm, 4- to 5-in. diameter and 0.6- to 1-m, =.: - - 2- to 3-ft long) is commonly put in two or four corners of a planter opening for:•. • 4. .4.. aeration and irrigation. As the people in Europe learned, dead-end aeration holes- {' in the soil are seldom adequate. Connecting the bottoms of two or more of the. ,,,, vertical aeration pipes, however, allows air flow through the tubes, greatly increas.•. } t;' 11( • ing the oxygen concentration and aeration effectiveness (Kopinga 1985)(Fig. 11-2). I t� I - . ,, 7 fl y+ I r'7—i' �' —ar� • �`• ,° ou, -.:::t!,,,,-;4,- �a. '.i' 1 • _ cl':-.!,,,,..4.1:•._ " ' ' ,,1 � _ t rfc �:.: :cJ .p;4. e .C`' —��71 c+aC�' � - : _ � �� - •xy ter• T. Ste, I. t �• : It . s . i 41111i... . Z:;r: f,, •.V/, . Qil711 111`t,tl ,.•,," .i••','- `1 ,' vv ' N .,. .•�` : i:: :i .. .•t Figure 11-2 Aeration in pavement plantings can be increased by joining two vertical aeration pipes across the bottom of the planting hole,one pair • • each near opposite sides of the planting hole. ,Oxygen concentration in i - s alone (Kopinga ,; ` the pipes will be ten times greater than in vertical pipe Y: 1985). Aeration could be further increased by having aeration risers as ` ;'!• shown in F•ig. 11-3 also serve as protective stanchions for the tree. - If the soil is compacted around the planter opening and under the pavemen , . ;'-“;1.1. ; ' .-. aeration may also be increased and roots directed downward by drilling or water .� s.. jetting sloping irrigation and aeration holes under and out from the root ball an• '. a1:v' under the pavement. Within a year or tw'o the holes are filled with roots. t , Another pavement-planting scheme is also being used in the Netherlands.- • 3 = ` .. . ° (Kopinga 1985, m! _ r girl. i-I•- planting hole is established within a planting hole(Kop g _ •;:ii'•. ;; sentially, a roximately 0.�•�_� '`—"= 'j= ;�; •�'; fled by Urban's [1989] survey) (Fig. 11-3). Excavate a hole app �` +fl ii (2 ft)deep to a volume 3.5 m'(120 ft3)or more.The shape of the hole will depen�t ;,,; i,. ;-'•� yea ' on the space available. All but the finished planter opening (1 to 1.2-m, 3 to s• >ai r ,. K.;__s... E:;; y'•` ; diameter or square) will be paved over. The outer portion of the hole "is filled;114 +'_ 1; a mixture of coarse lava slag (80-150 mm, [3-6 in.] diameter) and `tree soil ilia-15 • _•.. ?r I ! r � ' ;Li-.! ratio of about 2:1 (volume:volume, v/v)" (Kopinga 1985). A tree is planted in b'' i..,. •i,r ,..,'.144�; -roti-:,, 1. a��_ . *.=..1 if- Chap. 11 Special Planting Situatio kt•- -ai ,.: 248 • V. 7t.i.x:_ _. /''p lr-i'_T: - • • i —'�•'-. _ 's.:,41,-_,,"-lc l'",,.' t�Y'r^ •��re y.(�• es, • .y u4 s y ^�f ,X ti��.L;= S�`f—•�.� fir. - -- 't .it.��+faia • -_qq s; .•rj:7`sy - - - •..' ,. 'war 2•h - en , ,./..--\rOck" . deri I 1 ,r6: . p014° �- _ NOTICE OF PUBLIC 3 ._._._•_. um d , y O �. _r HEARING ce z ,. PLANNING COMMISSION a �( ` ter_ W rTy y win MEETING �..0I, ,�N Y will pHAN .p Wednesday, JUNE 7, 1995iiii Ms. at 7:00 p.m. ai5 I FE City Hall Council Chambers R r 690 Coulter DriveNt '�a.: Project: Perkins Restaurant Site Plan iERN 11110111 �� E16 TATE NIGH Developer: Guy Payne, Perkins WP w Location: Corner of Hwy. 5, Powers Blvd. and West 78th Street i:. SU , `, PARK Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant is proposing a site plan for a 5,000 square foot restaurant on 1.38 acres of property zoned PUD, Planned Unit Development, located on Lot 1, Block 1, Chanhassen Retail 3rd Addition, Perkins Family Restaurant. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on May 26, 1995. Dean R. Johnson Const. Roberts Automatic Products Lutheran Church of Living Christ 8984 Zachary Lane 880 Lake Drive Box 340 Maple Grove, MN 55369-0028 Chanhassen, MN 55317 Chanhassen, MN 55317 Eckankar T. F. James Company Beddor Enterprises/E. J. Carlson P. O. Box 27300 Suite 500 6950 Galpin Road New Hope, MN 55427 6640 Shady Oak Road Excelsior, MN 55331 Eden Prairie, MN 55344 Dayton Hudson Corp. T-862 Property Tax Dept. 777 Nicollet Mall Minneapolis, MN 55402 CITY OF _ cBANHAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP, Planning Director DATE: May 25, 1995 SUBJ: Ordinance Amendments Chapter 18, Subdivision, Platting Procedure Sec. 18-37, Exemption (a) City Clcrk change to Zoning Administrator - The City Clerk/City Manager does not administrate the zoning ordinance. The Zoning Administrator is the Planning Director or his/her designee. Sec. 18-39, Preliminary plat - Generally (f) The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows: (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: (b) Lack of adequate-ids change to dedicated and impm 'ed public streets. (c) Lack of adequate sanitary sewer systems and not ISTS (Individual Sewer Treatment System). Comment - Premature development needs to be more specific in stating that streets and sewer and water systems should be public and improved. This would not include gravel roads or specific systems. Sec. 18-40, Data Required (2) Existing conditions: Planning Commission Ordinance Amendments May 25, 2995 Page 2 (f) Topographic data within the property to be subdivided and one hundred (100) feet beyond the property boundary showing contours as follows: two-foot intervals where slope is scvcn (7) Change to ten (10) percent or less, five foot intervals where a slope is scvcn (7) change to ten (10) to fifteen (15) percent. Comment - This change will provide more detail on slope characteristics, aiding staff in reviewing developments. (4) Supplementary Information (c) A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unallotted areas where storm water collects and percolates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff and those areas where storm water will collect and percolate into the ground shall also be included. Stonn water shall be consistent with the storm water management. Comment - This additional language requires compliance with the adopted Surface Water Management Plan. Sec. 18-41, Final Plat - Generally (e) Upon approval of the final plat by the city council, the city shall notify the applicant of the approval and within thirty (30)days thereafter the applicant or the city attorney shall file the final plat with the county recorder and shall furnish the city evidence of such recording. Failure of the applicant to comply shall be cause for revoking the city's approval. Comment - The city attorney reviews all final plats before they are recorded. Article III, Design Standards Sec. 18-57, Streets Add - (q) Flag lots may be permitted in the A2, RR, RSF and R4 if the city finds the following conditions exist: 1. The prevailing development pattern makes it unfeasible or inappropriate to constrict a public/private street. In making this determination, the Planning Commission Ordinance Amendments May 25, 2995 Page 3 city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. 2. After reviewing the surrounding area it is concluded that an extension of the public or a private street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. 3. The use of a private street will permit enhanced protection of the city's natural resources including wetlands and protected areas. Comment - There has been an increase in the number of flag lot requests. Staff is recommending that there be standards for reviewing flag lots that may not be appropriate at all locations. Sec. 18-58, Alleys Alleys are prohibited except for fire lanes in commercial and industrial development cxccpt or if approved as a part of a PUD. Comment - Alleys should be prohibited with the exceptions noted. In a PUD especially a small lot or multi-family they may be appropriate. Sec. 18-60, Lots (a) All lots shall abut for their full required minimum frontage on a publicly dedicated street as required by the zoning ordinance or on a private drive street or a flag lot which shall have a minimum of thirty (30) feet of frontage. Comment - The change from drive to street is necessary because a drive is not necessarily public. The 30 feet of frontage is a standard in the RSF district but should be placed in the design standard section. (i) Driveway grades shall be a minimum of one-half (%:) percent and a maximum grade of ten (10) percent. Comment - This is a standard for driveways although it is located in the building and building regulations of the city ordinances. Placing this standard in the subdivision regulation establishes the criteria for reviewing driveways during the review of the plat. Planning Commission Ordinance Amendments May 25, 2995 Page 4 Sec. 18-61, Landscaping and tree preservation requirements. Misspelled scientific names of trees: As spelled: Corrected (underlined): Betula payryiter Betula papyrifera Betula pendula icciminta Betula pendula 'Dalecarlica' Fraxinus pennsylvanica Fraxinus pennsylvanica 'Marshall's Seedless Gleditsia tricanthos (all varieties listed) Gleditsia triacanthos Gymnocladus dioica Gymnocladus dioicus Acer innala Acer ginnala Malus bacata columnaris Malus baccata columnaris Prunus 'Newport' Prunus cerasifera Newport' Syringa amurensis japonica Syringa reticulata Picea gauca densata Picea glauca densata Picea pungens glauca Picea pungens 'Glauca' Pseudotsuga Menziesii Pseudotsuga menziesii Thuja occidentalis Thuja occidentalis Techny' Chapter 20, Article I, In General Sec. 20-1, Definition Add the following definitions: Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water. It shall include, but not be limited to, gravel driveways, parking area, buildings and structures. Light Industrial - The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment or research activities entirely within an enclosed structure, with no outdoor storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. Office - Professional and business office, non-retail activity. Used for conducting the affairs of a business profession, service, industry or government. Home Occupation - Home Occupation - An occupation, profession, activity or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Planning Commission Ordinance Amendments May 25, 2995 Page 5 Vocational School - Establishments primarily engaged in offering specialized vocational courses, including schools such as banking, commercial art, construction equipment, correspondence schools, nursing schools, real estate schools, restaurant operation, trade schools and truck driving schools. Family - One or more persons occupying a premises and living as a single relatively permanent housekeeping unit as distinguished from a group occupying a boarding house or a hotel.- . - :• •': .. _ . : - ; ; - : - :J., - ; . ••, : : . : : • .. _ . : - _ . Restaurant - standard means an establishment where principal business is the sale of food and/or beverages including alcohol to customers in a ready to consume state, and whose principal method of operation includes one (1) or both of the following characteristics: Comment - Want to clarify that alcohol is in the definition of beverages. Any approval for liquor would still have to be approved by the City Council. Tree - shall mean a woody plant which at maturity is 13 to 20 feet or more in height, with a single trunk, unbranched for at least several feet above the ground, and having a more or less definite crown. Shrub - shall mean a woody plant that remains low and produces several erect, spreading, or prostrate stems from the base, and is not usually tree-like or single-stemmed. Sign,flag - means any fabric banner used as a symbol of a government political subdivision or other identity. Corporation flags shall not exceed (12) square feet and may be shall be flown in tandem with the state or national flag. The size of the state or national flag shall not exceed one hundred (100) square feet. Comment - The limit on size was a recommendation of the draft sign ordinance and was inadvertently omitted. Sec. 20-5, Identification of arterial and collector streets Coulter/McGlynn Drive Arboretum Boulevard Market Boulevard Long Acres Boulevard Pleasant View Road Lake Drive West Planning Commission Ordinance Amendments May 25, 2995 Page 6 West 78th Street Lyman Boulevard, east of TH 101 Comment - These streets need to be added to the list of official collector streets. The subdivision regulations have specific development arterial depending upon street classification. Sec. 266, Sales Trailers for Residential Developments Sales Trailers are subject to the following conditions: 1. Trailers are permitted only until a permanent dwelling unit is available to be used as the sales office/model. At such time, the trailer shall be removed from the site. 2. Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m. 3. There shall be no outdoor speaker. 4. Lighting shall be downcast, with no flashing, blinking or skylights permitted. 5. Trailers shall skirted and one trailer shall be permitted per development. 6. Trailers shall comply with ADA requirements. 7. Off street hard surface parking for 3-5 cars shall be provided. 8. Engineering Department shall approve any access from a city street. Comment - While temporary sales trailers are a permitted use in some zoning districts, there are no standards for their use. These standards will assist staff ensuring these are not a nuisance. Article VI, Wetland Protection Sec. 20-405 (2) The lowest ground floor elevation is thrcc (3) two (2) feet above the ordinary high water mark of the wetland. Planning Commission Ordinance Amendments May 25, 2995 Page 7 Comment - This elevation is consistent with the shoreland regulations. Sec. 20-406, Wetland buffer strip and setbacks (a) For lots created after December 14, 1992 (date of ordinance adoption), a buffer strip shall be maintained abutting wetlands. All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward buffer strip unless otherwise approved by City Council. Buffer strip vegetation shall be established and maintained in accordance to the following requirements. If the buffer area is disturbed, plant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife. Buffer strip. . . Comment - This language has been added to provide a clearer statement of intent. The buffer strip shall be left undisturbed unless approved by the City Council. . . . The use of a meandering buffer strip to maintain a natural appearance is encouraged. Where roadways are constricted next to a wetland, the average buffer strip width for the adjacent wetland shall be maintained. Comment - This language has been added because currently there is no buffer strip requirement next to wetlands with no road setbacks or buffer strip, there is little protection of the wetlands. There will not be a standard for a buffer strip to protect the wetland. Shoreland Management Sec. 20-480, Lot Area and Width Standards Recreational Development Unsewered riparian Non-riparian Area Width Area Width 40,000 sq.ft. 125' 15,000 sq.ft. 90' Comment - There are properties adjacent to this lake classification. It was omitted from the Shoreland Regulations. Planning Commission Ordinance Amendments May 25, 2995 Page 8 Article VIII, Planned Unit Development Sec. 20-505, Required General Standards (c) Density (4) In no case shall the overall density of the development exceed the gross net density ranges identified in the comprehensive plan. Comment - This is not consistent with the comprehensive plan where maximum density cannot exceed the net density not the gross density. 1. Hard surface coverage shall be limited as follows: Low Density 30% 50% High Density 50% 30% (b) Minimum lot size. - - -• - . • - - . - : 6 . : . . ' - - tee - -- - - arca from lot calculations). Average lot sizes for the entire PUD shall maintain -- -- - - - - -- - - - -- - - The PUD shall have a minimum of 50%open space. - - tt -- Sec. 20-508, Standards and guidelines for single family attached or clustered homes - PUDs (b) Minimum lot sizes. Minimum lot sizes down to five thousand (5,000) square feet may be allowed. However, there shall be no minimum lot size however, in no case will shall grass net density exceed guidelines established by the City of Chanhassen Comprehensive Plan. Article X, A2, Agricultural Estate District Sec. 20-574, Conditional Uses (14) Golf courses Planning Commission Ordinance Amendments May 25, 2995 Page 9 Comment - This use is not listed in any district. Staff thought this district was the appropriate zone to allow as a conditional use. Sec/ 20-576, Interim Uses 1. Churches Comment - Eliminate from interim uses. Churches are already listed as a conditional use where it is more appropriate. Article XII, Residential Single Family Sec. 20-615, Lot requirements and setbacks The following minimum requirements shall be observed in an RSF District subject to additional requirements, exceptions and modifications set forth in this chapter and Chapter 18. Comment - Chapter 18 sets the design standards and should be included. (6) The setbacks for lots served by private driveways and/or neck lots are as follows: c. For side yards, twenty (20) fcct ten (10) feet. Comment - Twenty feet has always been a burden, it is an excessive standard and we cannot find a rational basis for using 20 feet. Article XIV, R-8, Mixed Medium Density The intent of the R-8 District is to provide for single family detached or attached residential development at a maximum net density of eight (8) units per acre. Sec. 20-652, Permitted Uses The following uses are permitted in an R-8 District: (1) Single family, townhomes, two-family and multi-family dwellings. Sec. 20-655, Lot requirements and setbacks Planning Commission Ordinance Amendments May 25, 2995 Page 10 (1) The minimum lot area is as follows: a. For single family detached, six thousand two hundred fifty (6,250) square feet (NB = density = 6.97 unit/acre). (2) The minimum lot frontage is fifty (50) feet per dwelling unit except that in the case of a lot that fronts on a cul-de-sac, the width of the lot at the building setback line shall be as follows: a. If single family detached, six thousand two hundred fifty (6,250) square feet (NB = density = 6.97 unit/acre). (3) The minimum lot depth is one hundred fifty (150) feet. The minimum lot depth for single family detached is one hundred twenty five (125) feet. (5) The setbacks are as follows: c. For side yards, ten (10) feet, single family detached may be sited on one property line. (6) The maximum height is as follows: c. For single family detached, 2 story/30 feet. Article XVI, BN, Neighborhood Business District Sec. 20-693, Permitted Accessory Uses (2) Car wash{whcn acccssory to automotivc servicc station). Comment - Eliminate - automotive service station is not a permitted use. Article XXII, IOP, Industrial Office Park District The following uses are permitted in an IOP District: (4) Vocational school. Comment - Trade shop is an antiquated term. Sec. 20-905, Single family dwellings Planning Commission Ordinance Amendments May 25, 2995 Page 11 (2) Conform to the following standards for living areas: c. If a split foyer and two story design, have an area of six hundred (600) square feet on the first floor, a . . •. : - ; -- . :- . . - - - - d. Plus a two-car garage must be attached to the single-family structure. Sec. 20-906, Alternate lot size requirements in A—I- A-2 and A-2- RR, Residential Zoning Districts. Minimum lot size requirements in the A—I- A-2 and A-2 RR Residential zoning districts located . . . Division 3, Home Occupations Sec. 20-978, Occupations permitted. Comment - Would like to see contractors yard and landscaping businesses excluded from the list because they are always a neighborhood nuisance. Division 5, Fences and Walls Sec. 20-1023, Height Any fence over six and one-half(6V2) feet must receive a conditional use permit. The fence height is measures from ground grade elevation to the highest point on the fence. All other residential fences shall meet the following standards. (3) Corner or double fronted lots. In addition to the other provisions contained in this section, fences located on corner or double fronted lots shall be subject to the following provisions: c. The front shall be determined by the location of the garage. Sec. 20-1183. Landscaping materials. Table I. Approved tree list. Planning Commission Ordinance Amendments May 25, 2995 Page 12 As noted: Corrected: Ash, Green Ash, Green Sorbus spp. Fraxinus pennsylvanica Table II. "Silver King" Artemisia 'Silver Mound' Artemisia Euophorbia epithymoides Euphorbia polychroma Parthenocissus quinguefolia Parthenocissus quinjuefolia Polygonum tricuspidata 'compactum' Polygonum cuspidatum 'compactum' Lonicera xxylosteum Lonicera xylosteum Spirea japonica 'Alpina' Spiraea japonica 'Alpina' Alpine Spirea Daphne Spirea Spirea x Bumalda 'Anthony Waterer' Spiraea x bumalda 'Anthony Waterer' LI SbvrcI\ J § 18-36 CHANHASSEN CITY CODE . ' DIVISION 2. PLATTING PROCEDURES Sec. 18-36. Generally. Notice requirement and procedures set forth in this chapter in excess of those required by state law are directory. Failure to comply with such procedures will not invalidate the proceedings. _ (Ord. No. 33-D, § 4.3, 2-25-85) Sec. 18-37. Exemption. ?--Ohl 1.f1 Ain li ?--Ohln/3 (a-jo( (a) The c erk-sh certify that the following conveyances are exempt from platting if the new and residual parcels meet the minimum requirements of the zoning ordinance for a buildable lot and are on an existing public street.The applicant shall furnish the city a survey prepared and signed by a registered land surveyor for review: (1) Dividing a platted lot to add a portion of the lot to an abutting lot; (2) Dividing a metes and bounds parcel to add a portion of the parcel to an abutting parcel; (3) In areas outside the Metropolitan Council's 1990 urban service area, the separation of a parcel into two(2)or three(3)parcels if all resulting parcels are capable of being (. further subdivided into buildable lots under the zoning ordinance. (b, The city council may approve a metes and bounds subdivision of a platted lot into two (21 lots in areas inside the Metropolitan Council's 1990 urban service area if both resulting lots meet the minimum requirements of the zoning ordinance and abut an existing public street. To the extent possible, the new boundary line shall be parallel to a previously existing lot line. The city council shall hold a public hearing on the proposed subdivision after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a proposed development notification sign has been erected on the subject property by the applicant,both at least ten(10)days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record within five hundred (500) feet of the outer boundaries of the subdivision. Failure to post a proposed development notification sign or to give notice or defects in the notice shall not affect the validity of the proceedings. At least three (3) weeks prior to the hearing the applicant shall submit to the city: (1) A survey(prepared and signed by a registered land surveyor); (2) A list of property owners within five hundred(500)feet of the boundaries of the parcel to be subdivided; (3) Except as waived by the city, all information required for plats. ' (Ord. No. 33-D, § 4.2, 2.25.85) 1000 SUBDIVISIONS § 18-39 Sec. 18-38. Pre-application consultation. Prior to the preparation of a preliminary plat, the applicant shall consult with the city to discuss the proposal. (Ord. No. 33-D, § 4.1, 2-25-85) Sec. 18-39. Preliminary plat—Generally. (a) After the preapplication consultation and at least twenty-one (21) days prior to the meeting of the planning commission at which action is desired,the applicant may file with the city, an application for preliminary plat approval. The application shall be accompanied by copies of the plat in such number as required by the city, an eight and one-half-by-eleven-inch transparency reduction of each sheet, proof of ownership satisfactory to the city, and a list of property owners within five hundred (500) feet of the property certified by an abstract company. The applicant shall pay the application fee established by city council resolution. All required data, documentation plans,copies and fees must be submitted before the applica- tion will be considered complete. Rejection of the plat by the city council, or abandonment or withdrawal of the proposed plat by the subdivider, shall not entitle the applicant to the return of all or any part of the application fee. (b) The city may refer copies of the preliminary plat to other agencies and utility compa- nies for their review, comments and recommendations. (c) The planning commission shall hold a public hearing on the preliminary plat after notice of the date, time, place and purpose of the hearing has been published once in the official newspaper, and a proposed development notification sign has been erected on the subject property by the applicant, both at least ten (10) days before the date of hearing. Written notice shall also be mailed by the city to the applicant and all owners of record within five hundred (500) feet of the outer boundaries of the preliminary plat. Failure to post a proposed development notification sign or to give notice or defects in the notice shall not affect the validity of the proceedings. If a development is proposed adjacent to a lake, or will affect the usage of the lake, the applicant shall provide the city with a list of property owners abutting the lake at the time of application. The city shall provide mailed notice to the lake homeowners as in compliance with the procedures above. The applicant is responsible for meeting with affected homeowners. (d) The planning commission shall make a recommendation on the preliminary plat to the city council within forty-five (45) days from the date of the opening of the public hearing, unless the applicant consents on the record to a continuance. The planning commission may recommend approval, approval subject to conditions or that the preliminary plat be denied. If denial is recommended, the reasons for that recommendation shall be stated in the record. (e) Following action by the planning commission, the city council shall consider the preliminary plat. The city council shall make its decision within one hundred twenty (120) days following receipt by the city of the properly completed application, unless the subdivider consents on the record to a continuance. The city council may: (1) Grant approval of the preliminary plat,with or without modification or conditions;or 1001 § 18.39 CHANHASSEN CITY CODE (2) Refer the preliminary plat to the planning commission or appropriate city staff, officers or departments for further investigation; or (3) Disapprove the preliminary plat. If the plat is not approved, the city council shall state the reasons for denial on the record. (f) The findings necessary for city council approval of the preliminary plat and the final plat shall be as follows: (1) The proposed subdivision is consistent with the zoning ordinance; (2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; (3) The physical characteristics of the site, including but not limited to topography,soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; (4) The proposed subdivision makes adequate provision for water supply, storm drain- age, sewage disposal, streets, erosion control and all other improvements required by this chapter; (5) The proposed subdivision will not cause environmental damage; (6) The proposed subdivision will not conflict with easements of record. (7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. . b. Lack of adequate-reads. 6A`' '� �` _,'�"!j p Ut l iL 511 ,C c. Lack of adequate sanitary sewer systems. pub (, C f,c{ 1 i= l d. Lack of adequate off-site public improvements or support systems. (g) The city shall notify the applicant of the city council's action,stating the conditions of approval or reasons for disapproval. (h) An applicant may at his own risk, apply to process the preliminary and final plats simultaneously. (Ord. No. 33-D, § 4.1, 2.25-85) Sec. 18-40. Same—Data required. Unless waived by the city because of the limited size and nature of the proposal, the following shall be furnished with a preliminary plat: (1) Identification and description.- a. Proposed name of subdivision, which shall not duplicate or be similar in pronun- ciation or spelling to the name of any other plat in the county. b. Legal description. c. Names and addresses of the record owner, subdivider, land surveyor, engineer, designer of the plat, and any agent having control of the land. 1002 SUBDIVISIONS § 18-40 d. Graphic scale not less than one (1) inch to one hundred (100)feet. e. North arrow. f. Key map including area within one (1)mile radius of plat. g. Date of preparation. (2) Existing conditions: a Boundary lines of proposed subdivision. b. Existing zoning classifications for land within and abutting the subdivision. c. Acreage and lot dimensions. d. Location, right-of-way width, and names of existing or platted streets; locations of parks,buildings and structures,railroad right-of-way,easements,section lines and corporate boundaries within the proposed subdivision and to a distance one hundred fifty (150)feet beyond. e. Boundary lines of adjoining platted or subdivided land, within one hundred fifty (150)feet, identified by name and ownership including all contiguous land owned or controlled by the subdivider. /0 f. Topographic data within the property to be subdivided and one hundred (100) feet beyond the property boundary, showing contours as follows: two-foot inter- vals where slope is seven -7 percent or less; five-foot intervals where slope is l; fry om seven,(-t1to fifteen (15) percent; ten-foot intervals where slope is greater than fifteen (15) percent. All areas of the subdivision to be platted with a slope greater than twenty-five (25) percent must be clearly indicated. However, on undevelopable sections or larger acre lots topographic data may be reduced to significant physical characteristics, such as top and toe of slope, if in the opinion of the city the area is viewed as unsuitable for future subdivision. Location and elevations of on-site and abutting water courses, lakes,wetlands,rivers, streams, and marshes at date of survey and their ordinary high water mark plus approx- imate high and low water elevations shall also be shown. Where the subdivision borders a lake, river or stream, a meander line shall be established at an elevation two(2)feet above the recorded high water elevation of the lake,river or stream. Flood plain areas, location of wooded areas, rocky outcrops, power trans- mission poles and lines and other significant physical features shall also be shown. g. Location, size and approximate grade of proposed public sewer and water mains. If public sewer and water are not available the developer shall provide site evaluation data required by "Minnesota Rules Chapter 7080 Individual Sewage Treatment Systems Standards" to determine the suitability of the site for indi- vidual sewage systems. The following data is required for review: 1. Location of two (2) drainfield sites. 2. Two (2) soil borings on each drainfield site for a total of four (4) soil borings per lot. 3. No percolation tests are required for slopes between zero and twelve (12) percent. One (1) percolation test per drainfield site where the land slope is between 13 and 25 percent. 1003 • § 18-40 CHANHASSEN CITY CODE • Areas where the land slope exceeds twenty-five (25) percent shall not be consid- ered as a potential soil treatment unit site. The depth of the percolation test should be determined in the field by the site evaluator. h. An accurate soil report indicating soil conditions, permeability and slope. i. Utilities on or adjacent to the property, including location, size and invert eleva- tion of public sanitary and storm sewers, catch basins and manholes; location and size of water mains and hydrants; location of gas mains, high pressure lines,fire hydrants, electric and telephone lines, and street lights. The direction, distance to, and size of such facilities shall be indicated. j. Location of any wetlands. (3) Proposed design features: a. Layout of proposed streets showing the proposed names, the right-of-way widths, centerline gradients and typical cross sections. Street names shall be assigned or approved by the city. b. Location and width of proposed pedestrian ways and utility easements. c. Lot sizes, layout, numbers and preliminary dimensions of lots and blocks. d. Minimum building setback lines as required by the zoning ordinance. e. Areas other than streets, alleys, pedestrians ways and utility easements, in- tended to be dedicated or reserved for public use, including the size of such areas. f. Location, size and approximate grade of proposed public sewer and water mains. If public sewer and water area not available the developer shall provide site evaluation data required by Minnesota Pollution Control Agency Individual Sewage Treatment Standards (WPC 409) to determine the suitability of the site for individual sewage systems. References shall be made to "Soil Survey: Carver (or Hennepin) County, Minnesota," U.S. Department of Agriculture, Soil Con- servation Service, and any other available sources. The data required shall be ".- determined by the city. •J g. If the preliminary plat is a rearrangement of a recorded plat, the lot and block arrangement of the original plat, its original name, and all revised or vacated right-of-ways and easements shall be shown by dotted or dashed line. (4) Supplementary information-' 3 a. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry to reveal the effect of the `►'' proposed development on traffic, fire hazards, and density of population. 3 b. Any proposed protective covenants. c. A drainage plan for the area indicating the,direction and rate of natural storm water runoff and those unaltered areas where storm water collects and perco- lates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff and those areas where storm water will collect and percolate into the ground shall also be included. t 1A1 4Q( Fi,.. h(: , A d. A proposed finished grading plan shown at contour intervals appropriate to the topography or spot elevations indicating the relationship of proposed changes to existing topography and remaining features. 1004 SUBDIVISIONS § 18-41 e. If any zoning changes are contemplated, the proposed zoning plan for the areas. f. Where the subdivider owns property adjacent to that proposed for the subdivi- sion,a general development plan of the remaining property depicting the possible relationships between the proposed subdivision and the future subdivision. The plan shall address the overall land use, traffic circulation, utility easement con- figurations, and general lot layouts. g. A soil erosion and sediment control plan.The plan shall include a timing schedule and sequence of operation indicating the anticipated starting and completion dates of the particular development segment and the estimated time of exposure of each area prior to completion of effective erosion and sediment control mea- sures. Gradients of waterways, design of velocity and erosion control measures, and landscaping of the erosion and sediment control system shall also be shown. h. A vegetation preservation and protection plan to provide stabilization of erosion or sediment-producing areas. i. Required variances. j. Water distribution system. k. Proposals for street lighting,curb and gutters,sidewalks and boulevard improve- ments. 1. Such other information as may be requested by the city. m. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage,pedestrian ways,lighting,buildings,or other details that affect land use within the city shall be submitted.Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed develop- ment from abutting properties, less intensive land uses, and/or from entryway locations.Appropriate levels of resolution for the visualization shall be used from flat shading for massing studies and preliminary design to photorealistic imaging for final design. (Ord. No. 33-D, § 59.2(7), 2-25-85; Ord. No. 33E, § 1, 12-15-86; Ord. No. 203, § 1, 5-9-94) Sec. 18-41. Final plat—Generally. (a) Unless otherwise provided in the development contract for phased development,within one (1)year after the date of the city council approval of the preliminary plat, the subdivider shall file an application for approval of the final plat. In addition to the application the subdivider shall submit: (1) Copies of the plat in such quantities as is required by the city; (2) Two (2) mylar copies of the plat; ' (3) One (1) two hundred (200) scale copy of the plat. If the final plat application is not filed within this period, the preliminary plat will be con- sidered void unless for good cause shown an extension is requested in writing by the subdivider and granted by the city council. The application for final plat approval shall be filed at least fourteen (14) days prior to the meeting of the city council at which action is desired. Supp. No. 7 1005 § 18-41 CHANHASSEN CITY CODE (b) The final plat shall conform to the requirements of this chapter and to all conditions set forth in the approval of the preliminary plat as modified during final plat approval. (c) The city council shall review the final plat and shall approve or disapprove it within sixty (60) days of receipt of the completed application. (d) No final plat shall be approved by the city council until the plat is in a form acceptable for recording with the county, the proper filing fees have been paid to the city, a development contract has been signed, appropriate security has been furnished, and no other payments to the city related to the development are outstanding. (e) Upon approval of the final plat by the city council, the cily-se5all notify the applicant—, of the approval and within thirty (30) days thereafter"the applicant" hall file the final plat with the county recorder,and furnish the city evidence suc1 recording. Failure of the applicant to comply shall be cause for revoking the city's approval. (Ord. No. 33-D, § 4.1, 2.25-85) Sec. 18-42. Same—Development contract. Before the city signs a final plat and before the developer constructs any of the required improvements set forth in section 18-78,the developer shall enter into a development contract with the city. The contract shall delineate the conditions under which approval is given. (Ord. No. 33-D, § 10, 2-25-85) Secs. 18-43-18-55. Reserved. ARTICLE III. DESIGN STANDARDS Sec. 18.56. Generally. The proposed subdivision shall conform to the comprehensive plan, zoning ordinance and design handbook.The design features set forth in this article are minimum requirements.The city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. (Ord. No. 33-D, §§ 6.1, 6.9, 2-25-85) Sec. 18-57. Streets. (a) Streets shall be dedicated on the plat to the public. The location and design of streets shall consider existing and planned streets, reasonable traffic circulation, topographic condi- tions, runoff of storm water, public convenience and safety and the proposed land uses of property to be served. (b) Street right-of-way widths shall be consistent with the comprehensive plan and official map, and shall conform to county and state standards for trunk highways. If no such plans or standards are applicable, right-of-way widths shall not be less than the following: Supp. No. 7 1006 SUBDIVISIONS § 18-57 Right-of-Way Pavement Widths Width Street Classifications (feet) (feet) Minor arterial 100 36 to 44 Collector 80 36 Local street 60 24 (rural residential) Local street 60 28 to 32 (urban residential) Local street 60 36 (commercial/industrial) Cul-de-sac, turnaround radius 60 42 (urban/residential) Cul-de-sac, turnaround radius 60 40 (rural residential) Cul-de-sac, turnaround radius 60 48 (commercial/industrial) (c) Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two (2) streets be less than sixty (60) degrees. Intersections • having more than four (4) corners are prohibited. (d) A tangent of at least three hundred (300) feet shall be introduced between reverse curves on arterial and collector streets. (e) When connecting street lines deflect from each other at one(1)point by more than ten (10) degrees they shall be connected by a curve with a radius adequate to ensure a sight distance within the right-of-way of not less than five hundred (500) feet for arterials, three hundred (300) feet for collectors, and one hundred (100) feet for all other streets. (1) Proper design shall consider required turning radius of vehicles for access points or entrances to and from a highway using standards adopted by the state department of trans- portation. (g) All centerline grades shall be at least five-tenths percent and shall not exceed five (5) percent, for arterials and seven (7)percent for all other streets and alleys. Whenever possible, grades within thirty (30) feet of intersections or railroad crossings shall not exceed three (3) percent. (h) Different connecting street grades shall be connected with vertical curves. Minimum length, in feet, of the vertical curves shall bo twenty(20) times the algebraic difference in the percentage of grade of the two (2) adjacent slopes. (i) Local streets shall have a centerline offset of not less than three hundred (300) feet. Offset intersections shall be avoided. (j) The alignment shall discourage through traffic. Supp. No. 7 1007 § 18.57 CHANHASSEN CITY CODE (k) The maximum length of a street terminating in a cul-de-sac shall be determined as a function of the expected development density along the street, measured from the centerline of the street of origin to the end of the right-of-way. (1) Where a proposed subdivision is adjacent to a limited access highway, arterial or collector street, there shall be no direct vehicular or pedestrian access from individual lots to such highways or streets.To the extent feasible access to arterial streets shall be at intervals of not less than one-fourth mile and through existing and established crossroads.Access along collector streets will be restricted and controlled on the final plat. (m) Half streets shall be prohibited except where it will be practical to require the dedi- cation of the other half when the adjoining property is subdivided,in which case the dedication of a half street may be permitted or required. The probable length of time elapsing before dedication of the remainder shall be a factor considered in making this determination. (n) Public streets to be constructed in subdivisions located inside the metropolitan urban service area line, as identified in the city comprehensive plan shall be constructed to urban standards as prepared by the city engineer's office. Streets to be constructed in subdivisions located outside the metropolitan urban service area shall conform to the rural standard re- quirements as prepared by the city engineer's office. The construction of private streets are prohibited except as specified in section 18-57(o). (o) Private streets may be permitted in business,industrial,office,R-8,R-12,and R-16.Up to four (4) lots in the A-2, RR, RSF, and R4 districts may be served by a private street if the city finds the following conditions to exist: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. If the use of a private street is to be allowed, it shall be subject to the following standards: (1) The common sections of a private street serving 2 units or more in the A-2, RR, RSF, and R4 districts must be built to a seven-ton design, paved to a width of twenty (20) feet, utilize a maximum grade of ten (10) percent, and provide a turnaround area acceptable to the fire marshal based'upon guidelines provided by applicable fire codes. Private streets serving R-8,R-12,and R-16,shall be built to a seven-ton design,paved a minimum width of twenty-four (24) feet, utilize a maximum grade of ten (10) per- cent, and provide a turnaround acceptable to the Fire Marshal based on applicable fire codes. Private streets serving business, industrial and office districts shall be Supp. No. 7 1008 - ""!--: SUBDIVISIONS § 18-58 -rC built to a nine-ton design, paved a minimum width of twenty-six (26) feet, utilize a _ `� maximum grade of ten (10)percent, and provide a turnaround area acceptable to the ., fire marshal based on guidelines provided by applicable fire codes. Plans for the street shall be submitted to the city engineer. Upon completion of the driveway, the appli- cant shall submit a set of"as-built" plans signed by a registered civil engineer. '_ (2) Private streets must be maintained in good condition and plowed within twenty-four (24) hours of a snowfall greater than two (2) inches. Covenants concerning mainte- nance shall be filed against all benefitting properties. Parking on the private street ` 1 ;1---- — or otherwise blocking all or part of the private street shall be prohibited. u (3) Private streets that are not usable by emergency vehicles because of obstructions, ) _� r snow accumulation, or poor maintenance are a public safety hazard. The city may remedy such conditions and assess the cost back to the property pursuant to Minne- ,!,z,.- 'o sota Statutes section 429.101, Subdivision 1(C). ,- y (4) The private street shall be provided with adequate drainage facilities to convey storm - runoff which may require hydrologic calculations for a ten-year storm should be included. In the R-8, R-12, R-16, business, industrial, and office districts, these im- provements shall include concrete curb and gutter. (5) Street addresses or city approved street name sign,if required, must be posted at the t point where the private street intersects the public right-of-way. -- c C (6) The private street shall be designed to minimize impacts upon adjoining parcels. The -C city may require revised alignments and landscaping to minimize impacts.An erosion ='�) control plan should be completed and approved prior to construction. `y L (7) The private street in the A-2, RR, RSF, and R-4 districts, must be located within a .R strip of property at least thirty(30)feet wide extending out to the public right-of-way T or covered by a thirty-foot wide easement that is permanently recorded over all benefitted and impacted parcels. Private streets serving R-8, R-12, R-16, business, -q' , industrial,and office districts,must be located within a strip of property at least forty (40) feet wide extending out to the public right-of-way or covered by a forty foot wide -. C easement that is permanently recorded over all benefitted and impacted parcels. _ x� � (8) Maintenance and repair of utilities located within the private driveway easement � shall be the responsibility of the benefiting property. c (p) Private reserve strips controlling public access to streets shall be prohibited. (Ord. No. 33-D, § 6-2, 2-25-85; Ord. No. 125, § 1, 3-26-90; Ord. No. 135, §§ 1, 2, 12-10.90; Ord. - -- ---------7 No. 209, § 1, 6-27-94) L _ . c� Flae �o(,, mc,� pi-wined iii-Im A-Z( -)RsF1t C-1-14 -fly-fly cr��`_2- - -11P-4 lit t, ;� (IGI\C(1 I kL €)( S+, Sec. 18-58. Alleys: I, Slr i �,: Y Li' 6.1.-s,:1, '1,� . f (f1 )ri/ ` 1-j (I; - i. �r\ - 1(\a ;;tof ( k61(') I) (1J:- _1(0(-1- a +tIIL -Iret4 In roat r Ing_ �. Alleys are prohibited except,for f.re lanes in commercial and industrial developments., , ' (Ord. No. 33-D, § 6.3, 2-25-85) or (i: 4. cipi)(DvfLk or. 4 ori 01 rut., Supp. No. 7 1009 ((ll�� -(10 All Sard'- ; Jc(f f C-DC `1 SENSITIVE AREA OVERLAY (c) Flag Lots - Dimensions. In order to encourage the more efficient use of land, flag or L-shaped lots may be allowed subject to the following conditions: (1) A flag or L-shaped lot shall be comprised of a staff portion contiguous with the flag portion thereof. (2) That staff portion of said lot shall front on and be contiguous to a dedicated public street or private street. The minimum width of the staff portion of flag lots shall be 20 feet and the maximum length shall be 220 feet unless otherwise approved by the Planning Commission and Fire Department. A. No building or construction, except for driveways, shall be allowed on the staff portion of said lot unless the minimum width thereof is the same or greater than the minimum width for a lot as allowed in the underlying zone (excluding entrance features and street lights) . B. The front side of the flag portion of said lots shall be deemed to be that side nearest to the dedicated public street or private street upon which the staff portion fronts. C. The staff portion of said lots shall be deemed to end and the flag portion of said lots shall be deemed to commence at the extension of the front lot line. D. The square footage located in the flag portion of said lot, which shall be exclusive of the square footage located in the staff portion of said lot, shall be the same or greater than the minimum square footage as required in the underlying zone. E. The side and rear yard requirements of the flag portion of said lots shall be the same as is required in the underlying zone. F. The minimum front setback requirements for all buildings shall be 30 feet, excluding the staff, from the front lot line of the flag portion thereof. Setbacks shall be those on the underlying zone. G. No more than two flag lots can be served by one staff portion of said lots. H. All flag lots in the development site shall be approved in the site plan by the Planning Commission. 14-5 § 18-59 CHANHASSEN CITY CODE Sec. 18-59. Blocks. The length and width of blocks shall be sufficient to provide convenient and safe access, circulation, control and street design. Blocks shall not be longer than one thousand eight hundred (1,800) feet, or shorter than three hundred (300) feet except where topography of surrounding development limits ability to strictly comply or as specifically approved by the city council to foster innovative design consistent with sound planning principles. Pedestrian ways may be required on blocks longer than nine hundred (900) feet or in other areas to provide access to schools, parks and other destination points. Easements for pedestrian ways shall be at least twenty (20) feet wide and shall be located to minimize intersections with streets. (Ord. No. 33-D, § 6.4, 2-25-85) Sec. 18.60. Lots. (a) All lots shall abut for their full required minimum frontage on a publicly dedicatepl street as required,by the zoning ordinance or on a private--cir-iu� r-`t f Of 0 00 w�`c 11Q ' -1L f�- Gil - (01 it"aC .. (b) Side lines of lots shall be substantially at right angles to straight street lines or substantially radial to curved street lines. (c) Lots shall be graded to drain away from building locations. (d) Lots shall be placed to preserve and protect natural amenities, such as vegetation, wetlands, steep slopes, water courses and historic areas. (e) Lot remnants are prohibited. (f) Street arrangements for the proposed subdivision shall not cause undue hardship to owners of adjoining property in subdividing their own land. (g) Double frontage lots with frontage on two(2)parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. Such lots shall have an additional depth of at least ten (10) feet to accommodate vegetative screening along the back lot line. Wherever possible, structures on double frontage lots should face the front of existing structures across the street. If this cannot be achieved, then such lots shall have an additional depth of ten (10) feet to accommodate vegetation screening along the back lot line. (h) Lot layouts should take into consideration the potential use of solar energy design features. (Ord. No. 33-D, § 6.5, 2-25-85) Sec. 18-61. Landscaping and tree preservation requirements. (a) Required landscaping/residential subdivision. (1) Each lot shall be provided with a minimum of one (1) tree to be placed in the front yard. The type of tree shall be subject to city approval. (The city will provide a list of species). Coniferous trees must be at least six (6) feet high and deciduous trees must Supp. No. 7 1010 DEFINITIONS TO BE ADDED Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water. It shall include, but not be limited to, gravel driveways, parking area, buildings and structures. Light Industrial - The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment or research activities entirely within an enclosed structure, with no outdoor storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. Office - Professional and business office, non-retail activity. Used for conducting the affairs of a business profession, service, industry or government. Home Occupation - An occupation, profession, activity or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. Vocational School - Establishments primarily engaged in offering specialized vocational courses, including schools such as banking, commercial art, construction equipment, correspondence schools, nursing schools, real estate schools, restaurant operation, trade schools and truck driving schools. IChapter 20 ZONING* Art. I. In General, §§ 20-1-20-25 Art. II. Administration and Enforcement, §§ 20-26-20-200 Div. 1. Generally, §§ 20-26-20-40 Div. 2. Amendments, §§ 20-41-20-55 Div. 3. Variances, §§ 20-56-20-70 Div. 4. Nonconforming Uses, §§ 20-71-20-90 Div. 5. Building Permits, Certificates of Occupancy, Etc., §§ 20-91-20-105 Div. 6. Site Plan Review, §§ 20-106-20-200 Art. III. Zoning Districts Generally and Zoning District Map, §§ 20-201-20-220 Art. IV. Conditional Uses, §§ 20-221-20-325 Div. 1. Generally, §§ 20-221-20-230 Div. 2. Conditional Use Permits, §§ 20-231-20-250 Div. 3. Standards for Agricultural and Residential Districts, §§ 20-251- 20-280 Div. 4. Standards for Business, Office, Institutional and industrial Dis- tricts, §§ 20-281-20-325 Art. V. Flood Plain Overlay District, §§ 20-326-20-400 Div. 1. Generally, §§ 20-326-20-345 Div. 2. General Flood Plain District, §§ 20-346-20-365 Div. 3. Floodway District (FW), §§ 20-366-20-375 Div. 4. Flood Fringe District (FF), §§ 20-376-20-400 Art. VI. Wetland Protection, §§ 20-401-20-475 Div. 1. Generally, §§ 20-401-20-420 Div. 2. Wetland Alteration Permit, §§ 20-421-20-475 Pt. A. General Provisions, §§ 20-421-20-435 Pt. B. Issuance Guidelines, §§ 20-436-20-475 Art. VII. Shoreland Management District, §§ 20-476-20-500 Art. VIII. Planned Unit Development District (PUD), §§ 20-501-20-550 Div. 1. Generally, §§ 20-501-20-515 Div. 2. Procedures, §§ 20-516-20-550 Art. IX. "A-1" Agricultural Preservation District, §§ 20-551-20-570 Art. X. "A-2" Agricultural Estate District, §§ 20-571-20-590 Art. XI. "RR" Rural Residential District, §§ 20-591-20-610 Art. XII. "RSF" Single-Family Residential District, §§ 20-611-20-630 Art. XIII. "R-4" Mixed Low Density Residential District, §§ 20.631-20-650 Art. XIV. "R-8" Mixed Medium Density Residential District, §§ 20-651-20-670 Art. XV. High Density Residential Districts, §§ 20-671-20.690 Div. 1. "R-12" District, §§ 20-671-20-679 Div. 2. "R-16" District, §§ 20-680-20-690 Art. XVI. "BN" Neighborhood Business District, §§ 20-691-20.710 Art. XVII. "BH" Highway and Business Services Districts, §§ 20-711-20-730 *Cross references—Buildings and building regulations, Ch. 7; planning and develop- ment, Ch. 15; use of official maps, § 15-20; subdivisions, Ch. 18. State law reference—Municipal planning and zoning, M.S. § 462.351 et seq. Supp.No. 7 1141 § 20-1 CHANHASSEN CITY CODE Art. XVIII. "CBD" Central Business District, §§ 20-731-20-750 Art. XIX. "BG" General Business District, §§ 20-751-20-770 Art. XX. "BF" Fringe Business District, §§ 20-771-20.790 Art. XII. "OI" Office and Institutional District, §§ 20-791-20.810 Art. XXII. "IOP" Industrial Office Park District, §§ 20-811-20-900 Art. XXIII. General Supplemental Regulations, §§ 20.901-20-1100 Div. 1. Generally, §§ 20-901-20-950 Div. 2. Performance standards, §§ 20-951-20-975 Div. 3. Home Occupations, §§ 20-976-20-1000 Div. 4. Animals, §§ 20-1001-20-1015 Div. 5. Fences and Walls, §§ 20-1016-20-1040 Div. 6. Wind Energy Conversion Systems, (WECS), §§ 20-1041-20-1100 Art. XXIV. Off-Street Parking and Loading, §§ 20-1011-20.1175 Div. 1. Generally, §§ 20-1101-20-1115 Div. 2. Parking and Loading, §§ 20-1116-20-1140 Div. 3. Off-Street Loading and Trash Removal Areas, §§ 20-1141-20-1175 Art. XXV. Landscaping and Tree Removal, §§ 20-1176-20-1250 Div. 1. Generally, §§ 20-1176, 20-1177 Div. 2. Tree Preservation, § 20-1178 Div. 3. Landscaping Standards, §§ 20-1179-20-1183 Div. 4. Maintenance and Installation, §§ 20-1184-20-1250 Art. XXVI. Signs, §§ 20-1251-20-1350 Div. 1. Generally, §§ 20-1251-20-1300 Div. 2. Signs Allowed In Specific Districts By Permits, §§20-1301-20-1350 Art. XXVII. Mineral Extraction, §§ 20-1351-20-1399 Art. XXVIII. Bluff Protection, §§ 20-1400-20-1449 Art. XXIX. Highway Corridor Districts, §§ 20-1450-20-1464 ARTICLE I. IN GENERAL Sec. 20.1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the mean- ings ascribed to the in this section, except where the context clearly indicates a different meaning: Accessory use or structure means a use or structure subordinate to and serving the prin- cipal use or structure on the same lot and clearly and customarily incidental thereto. Agriculture means the commercial use of land for raising of livestock and poultry,growing and producing of fruits, vegetables, field crops and nursery stock, including tree farms and choose-and-cut Christmas tree sales. The term does not include the commercial raising of fur-bearing animals, nor the operation of riding academies, commercial stables or kennels. Alley means a public right-of-way that is used primarily for secondary vehicular service access to the back or the side of properties abutting on a street. Supp.No. 7 1142 ZONING § 20-1 Alteration means any change or rearrangement, other than incidental repairs, in the supporting members of an existing building,such as bearing walls,columns beams,girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one (1) location to another. Animal feedlot means land or buildings used for the confined feeding,breeding,raising or holding of livestock and poultry where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure.Pastures are not considered animal feedlots. Arboretum means a place where plants,trees,and shrubs are cultivated for scientific and educational purposes. Arterial street means a street or highway with access restrictions designed to carry large values of traffic between various sectors of the city or county and beyond. [Auto service center] means an integrated group of commercial establishments or single establishments planned,developed,and managed as a unit with off-street parking provided on site and providing uses engaged primarily in the supplying of goods and services generally required in the operation and maintenance of motor vehicles. These may include sale and servicing of tires, batteries, automotive accessories, replacement items, washing and lubri- cating services, and the performance of minor automotive maintenance and repair. This does not include major body repair where it is necessary to provide long term storage of cars and body parts. Bed and breakfast means an owner-occupied single-family home in which not more than five(5) rooms are rented on a nightly basis for a period of seven (7)or less consecutive days by the same person. Meals may or may not be provided to residents and overnight guests. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination of the above with a waterway or any other barrier to the continuity of development. Bluff means a natural topographic feature such as a hill, cliff,or embankment having the following characteristics: (1) The slope rises at least twenty-five (25) feet above the toe of the bluff; and (2) The grade of the slope from the toe of the bluff to a point twenty-five(25) feet or more above the toe of the bluff averages thirty (30) percent or greater. (3) An area with an average slope of less than eighteen (18) percent over a distance for fifty (50) feet or more shall not be considered part of the bluff. Bluff impact zone means a bluff and land located within twenty(20) feet from the top of a bluff. Boarder means an individual other than a member of the family occupying the dwelling unit or part thereof who for a consideration is furnished meals or other services. Supp. No. 7 1143 § 20-1 CHANHASSEN CITY CODE Boardinghouse means a dwelling or part thereof in which lodging is provided by the owner or operator to three (3) or more boarders. Boathouse means a structure designed and used solely for the storage of boats or boating equipment. Buffer strip means an area of nondisturbed ground cover abutting a wetland left undis- turbed to filter sediment, materials, and chemicals. Buildable area means the area of a lot remaining after the minimum yard and open space requirements of this chapter have been met. Building coverage means the horizontal area from the outside edge of the exterior walls of the ground floor of all principal and accessory buildings on a lot. Building height means the vertical distance between the highest adjoining ground level at the building or ten(10)feet above the lowest ground level,whichever is lower,and the highest point of a flat roof or average height of the highest of the highest gable of a pitched or hipped roof. Building line means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Building,principal means a building in which is conducted the primary or predominant use of the lot. Building setback line means a line on a lot, generally parallel to a lot line, high water mark,shoreline or road right-of-way line,located a sufficient distance therefrom to provide the minimum yards required by this chapter.The building setback lines delimit the area in which buildings and other regulated structures are permitted subject to all applicable provisions of this chapter. Canopy coverage shall mean the area on a horizontal plane that is located under the crowns of all the trees on the site. Church means a building or edifice consecrated to religious worship, where people join together in some form of public worship under the aegis and direction of a person who is authorized under the laws of the State of Minnesota to solemnize marriages. A church may include living quarters for persons employed on the premises and classroom facilities. The following are not considered as churches: Camp meeting grounds, mikvahs, coffee houses, recreational complexes, retreat houses, sleeping quarters for retreatants during spiritual re- treats extending for periods of more than one (1) day. Bible camps with live-in quarters, publishing establishments, ritual slaughter houses, radio or television towers and transmis- sion facilities, technological seminaries, day care centers, hospitals, and drug treatment cen- ters are not churches. Clear-cutting means the removal of an entire stand of trees. Collector street means a street that carries traffic from minor streets to arterial streets. Supp.No. 7 1144 ZONING § 20-1 Commissioner means the commissioner of the department of natural resources. Conference/convention center means a preplanned, centrally managed development con- taining facilities for business or professional conferences and seminars and containing accom- modations for overnight lodging, eating and recreation. The development is characterized by architecturally integrated buildings,common use of parking areas,and incorporation of passes recreational amenities into overall site design. Conforming building or structure means any building or structure which complies with all the regulations of this chapter, or any amendment thereto. Contractor's yard means any area or use of land where vehicles, equipment, and/or con- struction materials and supplies commonly used by building, excavation, roadway construc- tion, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Convenience store means a retail establishment which generally sells a limited range of food products,nonprescription drugs,candy and other perishable goods.This includes soda and similar beverage dispensing and food products, which can be heated and/or prepared onsite, and has over four hundred (400)square feet of floor area for retailing o nonautomotive goods. Convenience store with gas pumps means a retail establishment which generally sells gasoline from pump islands and a limited range of food products,nonprescription drugs,candy and other perishable goods. This includes soda and similar beverage dispensing and food products which can be heated and/or prepared onsite, and has over four hundred(400) square feet of floor area for retailing of nonautomotive goods. Critical root zone means an area twelve (12) times the tree diameter at DBH measured from the base of the tree. Cul-de-sac means a minor street with only one (1) outlet and having an appropriate turn-around for the safe and convenient reversal of traffic movement. Day care center means any facility or home where tuition, fees or other forms of compen- sation is charged for the care of children and which is licensed by the state as a day care center. DBH means diameter measured at breast height (4.5 feet above the ground). Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. Density, net means the quotient of the total number of dwelling units divided by the developable acreage of the site.Developable acreage excludes wetlands, lakes, roadways, and other areas not suitable for building purposes. Designated woodland area means an area within a development that has been designated in the woodland management plan as a tree preservation, forestation or replacement planting area. Supp. No. 7 1145 § 20-1 CHANHASSEN CITY CODE Development means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining excavation, landfill or land disturbance, and any use or extension of the use of land. Dock means a wharf,pier, or other structure constructed or maintained,whether floating or not, including all "L's," "T's" or posts which may be a part thereof, whether affixed or adjacent to the principal structure. Dock crossbar means that portion of any"L"shaped or "T"shaped dock which is approx- imately parallel in alignment to the adjoining shoreline or ordinary high water mark. Dock setback zone means the area inside and running parallel to and ten(10)feet from the extended lot lines of a lot abutting a lake. "Extended lot lines"means an extension of the side lot lines one hundred (100)feet into a lake from and at a right angle to a line drawn between the intersection of each side lot line and the ordinary high water mark.If the extended lot lines of adjoining lots overlap, then the common extended lot line between the lots shall be at an angle which equally divides the area of overlap. Drive-in use means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services,obtain goods, or be entertained while remaining in their motor vehicle. This term includes having "drive-thru" windows. Dwelling means a building or portion thereof designed,occupied or intended to be occupied exclusively for residential purposes, but not including hotels, motels, nursing homes, travel trailers, motorhomes or bed and breakfast tourist homes. Dwelling unit means one (1) or more rooms which are connected together constituting complete,separate and independent living quarters,physically separated from any other room or dwelling unit which may be in the same building and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single family maintaining a household. Dwelling, multi-family means a detached building containing three (3) or more dwelling units. Apartment buildings, condominiums, manor homes, quad-duplexes, and cooperatively owned buildings containing three (3) or more dwelling units are multi-family dwellings. Dwelling, single-family means a detached building containing one (1) dwelling unit. Dwelling, two-family means a detached building containing two (2) dwelling units. Easement means a right afforded a person or governmental/public unit to use another's real property for a specific purpose. Easement, conservation means an easement created where restrictions are imposed on the development or alteration of property to preserve natural features. Supp. No. 7 1146 ZONING § 20-1 Facade means that portion of any exterior elevation of a building exposed to public view extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. Family means an individual living alone, or two (2) or more persons related by blood, marriage or law,or a group of not more than five(5)persons(excluding servants)who need not be so related, living together in a dwelling unit. Fence means a structure serving as an enclosure, barrier, or boundary, usually made of posts, chain link, masonry, boards, rails or other materials. Flood fringe means that portion of a floodplain outside the floodway. Floodplain means the land adjacent to a body of water which has been or may be hereafter covered by flood water, including that land covered by the regional flood. The floodplain consists of the floodway and the flood fringe area. Flood, regional means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency once every one hundred (100)years. Floodway means the minimum channel of a watercourse and those portions of a floodplain adjoining the channel that are reasonably required to discharge the regional flood. Floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls sepa- rating two (2) buildings. The floor area of a building shall include basement floor area, pent- houses, attic space having headroom of seven (7) feet or more, interior balconies and mezza- nines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to mechanical equipment,stairwells,elevators shafts,parking or loading shall not be included in the floor area. Floor area ratio(F.A.R.) means the numerical value obtained by dividing the floor area of all buildings on a lot by lot area. • Garage means a structure which may or may not be attached to the principal structure used primarily for the enclosure of personal vehicles. Garden center means a place of business where retail and wholesale products and produce are sold to the retail consumer. These centers, which may include a nursery and/or green- houses, import most of its items sold. These items may include paints, handicrafts, nursery products and stock, fertilizers, potting soil, hardware, lawn and garden power equipment and machinery, hoes, rakes, shovels and other garden and farm tools and utensils. Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure or the degree of use or descent of a sloping surface, expressed in percentage terms. Greenhouse means a building used for the cultivation or protection of plants, flowers, vegetables and nursery stock for subsequent sale or for seasonable enjoyment. Supp. No. 7 1147 § 20-1 CHANHASSEN CITY CODE Group home means a state-licensed residential facility where persons reside for purposes of rehabilitation,treatment,or special care.Such persons may be orphaned,suffer chemical or emotional impairment, or suffer social maladjustment or dependency. Habitat evaluation procedures (HEP) is a species-habitat data management system for impact assessment developed by the U.S.Fish and Wildlife Service.Its purpose is to document predicted impacts to fish and wildlife from proposed land and water resource development projects. Habitat quality for selected key species is described by an index, the Habitat Suit- ability Index (HSI). Habitat suitability index (HSI) is a fish or wildlife species-specific index value rating the ability of key habitat components to supply essential life requirements for the species. Index value ranges between 0 to 1.0. Habitat units (HU). Habitat suitability (HSI) multiplied by the area of habitat being evaluated. HU's are used for comparing habitat quality from one wetland to the next or for measuring the effectiveness of mitigation. HU's integrate both quality and quantity of hab- itat. Hardship means the same as that term is defined in Minnesota Statutes, Chapter 462. Health care facility means a state-certified or licensed facility or institution, whether public or private,principally engaged in providing services for health maintenance,diagnosis or treatment of human disease,pain,injury,deformity or physical condition,including,but not limited to, a general hospital, special hospital, mental hospital, public health center, diag- nostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home,nursing home,intermediate care facility,tuberculosis hospital,chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency,boarding home or other home for sheltered care,and bioanalytical laboratory or central services facility serving one (1) or more such institutions but excluding institutions that provide healing solely by prayer. Health services means establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists, and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services. Home improvement trades means carpenter shops,interior decorating,painting and paper hanging shops, furniture upholstering and similar enterprises; but not including contractor's yards. Home occupation means-any-oecupati. .• • , or pro ession cam•, • •_ . ..sident and conducted-as an accessory use in the residents dwelling unit. n eu-, e-; f\ji d\ Hotel means a facility offering transient lodging accommodations to the general public and which may provide additional services such as restaurants, meeting rooms and recre- ational facilities and where access to individual rooms is provided through an indoor lobby or office. Supp. No. 7 1148 ZONING § 20-1 Household pet means a dog or cat, regardless of weight, or an animal not exceeding forty (40) pounds in weight that is usually and customarily considered a pet. ntehswe v ketation clearing means the complete removal of trees or shrubs in a contig- uous patch, strip, row, or block. ! r Interim use means a temporary use of property until a particular date, until the occur- , 3 nce of a particular event, or until zoning regulations no longer permit it. Li CI .nJunkyard means an area, lot, parcel, building or structure or part thereof where used, waste, discarded or salvaged materials are bought,sold,exchanged,stored,abandoned,baled, cleaned, packed, disassembled or handled, including but not limited to scrap iron and other metals, glass, paper, rags, rubber products, tires, bottles, building materials, vehicle parts, household appliances, brush and lumber. A junkyard includes an automobile wrecking dis- mantling yard,but does not include accessory uses established in conjunction with a permitted manufacturing process when conducted within an enclosed area or building. The storage of unlicensed and/or inoperable motor vehicles for a period in excess of thirty(30)days shall also be considered a junkyard. Kennel, commercial means an establishment in which dogs, cats, or other domesticated animals more than one (1) year old are housed, groomed, bred, boarded, trained, or sold for gain. Kennel,private means any place where three (3) or more dogs or cats over one (1)year of age are kept or harbored, such animals being owned by the owner or lessee of the premises wherein or whereupon the animals are kept or harbored. Lakeshore site means any lot of record which abuts any body of public water. Landscape means all forms of planting and vegetation, ground forms, rock groupings, water features and patterns,and all visible construction except buildings and site furnishings. Lining area means the area of a dwelling including, but not limited to, bedrooms, bath- rooms, kitchens, living rooms, and dining rooms, but excluding garages. Loading space means an off-street space or berth designed and used for the loading or unloading of commercial vehicles. Loss of trees means that any of the following may have happened: (1) Grade change or land alteration, whether temporary or permanent, of greater than one (1) foot, measured vertically from the existing grade, affecting forty (40) percent (as measured on a horizontal plane) or more of a tree's critical root zone; or (2) Utility construction resulting in the cutting of forty(40)percent or more of the tree's roots within the critical root zone; or (3) Mechanical injury to the tree trunk causing loss of more than forty(40)percent of the bark; or Supp. No. 7 1149 § 20-1 CHANHASSEN CITY CODE (4) Compaction to ninety (90) percent of standard proctor to a depth of six (6) inches or more of forty (40) percent or more of the surface of the soil within the tree's critical root zone; or (5) The pruning of a tree which eliminates forty(40) percent or more of the canopy area of a tree; or (6) The complete removal of a tree. Lot means a separate parcel, tract, or area of land undivided by any public street or approved private road, which has been established by plat, metes and bounds subdivision, or as otherwise permitted by law, and which is occupied by or intended to be developed for and occupied by a principal building or group of such buildings and accessory buildings,or utilized for a principal use and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this chapter for such building, use or development. Lot area means the area of a horizontal plane bounded by the front, side or rear lot lines, but not including any area occupied by the waters of lakes or rivers or by street rights-of-way. Lot, corner means a lot abutting upon two(2)or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. Lot coverage means that portion or percentage of a lot that is covered by impervious surfaces. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.The greater frontage of a corner lot is its depth,and its lesser frontage is its width. Lot, double frontage means a lot which fronts upon two(2)parallel streets,or which fronts upon two (2) streets which do not intersect at the boundaries of the lot. On a double frontage lot, both street lot lines shall be deemed front lot lines. Lot frontage means the lot width measured at the front lot line. Lot, interior means a lot other than a corner lot. Lot line means a line of record bounding a lot which divides one(1)lot from another lot or from a street right-of-way or any other public space. Lot line,front means the lot line separating a lot from a street right-of-way. In the case of a corner lot it shall be the lot line with the shortest dimensions on the street. Lot line, rear means the lot line which is parallel to and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots,a line twenty(20)feet in length,entirely within the lot,parallel to and at the maximum possible distance from the front lot line. Lot line, side means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line. Supp. No. 7 1150 ZONING § 20-1 Lot of record means any legally recorded lot which at the time of its recordation complied with all applicable laws and ordinances. Lot, riparian means any lot within seventy-five(75) feet of the ordinary high water mark of a lake, pond or wetland. Lot width means the shortest distance between lot lines measured at the midpoint of the building line. Lot,zoning means a single tract of land which consists of one(1)or more lots of record and which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a separate unit under single ownership or control. A zoning lot may or may not coincide with a single lot of record,but in no case shall a zoning lot include only a portion of a lot of record. Manufactured dwelling means a factory-built structure which is transportable in one(1)or more sections on its own running gear or chassis,and which is equipped with necessary utility service connections and designed to be used for single-family occupancy with or without a permanent foundation.Such dwellings measure twenty(20)feet or more in width and forty(40) feet or more in length, exclusive of supporting members or hitches. Mini-warehouse means a building or group of buildings in a controlled-access, screened and secured fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access storage spaces of varying sizes which are leased or rented on an indi- vidual basis. Minor street means a street of limited continuity which is used primarily for access to abutting properties. Mooring area means an area located upon any body of public water used for the mooring of watercraft. Docks are not considered mooring areas. Motel means a commercial establishment providing transient accommodations to the general public containing rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Motor freight terminal means a building or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to tranship- ment. • Motor fuel and servica station means a retail place of business engaged in the sale of motor vehicle fuels and services,but may also engage in supplying a limited amount of related goods. In no case shall the space for the retailing of related goods exceed four hundred (400) square feet. All services are to be performed within enclosed service bays. Neck lot/flag lot means a lot that does not provide the full required frontage on a public right-of-way, but rather is served by a narrow "neck" of land that extends to the street. To meet the definition the neck must be at least thirty (30) feet wide. Supp. No. 7 1151 § 20-1 CHANHASSEN CITY CODE Nonconforming lot. A lot that does not comply with the requirements of this chapter but which did comply with applicable ordinance requirements at the time the lot was created. Nonconforming structure. Any building or structure that does not comply with the re- quirements of this chapter but which did comply with applicable ordinance requirements at the time it was constructed or put in place. Nonconforming use. A use of land that does not comply with the requirements of this chapter but which did comply with applicable ordinance requirements at the time the use was established. Nursery means an enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items directly related to their care and maintenance (but not including power equipment such as gas or electric lawnmowers and farm implements). Nursing home means an extended or intermediate care facility licensed by the state to provide full-time convalescent or chronic care to individuals who by reason of advanced age, chronic(' lness or infirmity are unable to care for themselves. Ordznary`high water mark or level means the boundary o pu•lic waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Outdoor storage means the storage of any goods, junk equipment, fuel, materials, mer- chandise, supplies or motor vehicles not fully enclosed in a building for more than a twenty- four-hour period. Outlot means a platted lot to be developed for a use which will not involve a building or which is reserved for future replatting before development. Overnight means any time between the hours of 2:00 a.m. and 5:00 a.m. Platting authority means the city council. Power substation means a facility comprising of transmission towers, transformers, power equipment, and structures necessary to house such equipment. Premises means a lut, parcel, tract or plat of land together with the building and struc- tures thereon. Principal structure. The main building as distinguished from an accessory building or structure. Private street means a street serving as vehicular access to two (2) or more parcels of land which is not dedicated to the public but is owned by one (1) or more private parties. Supp. No. 7 1152 ZONING § 20-1 Processing means the crushing, washing, compounding or treating of rock, sand, gravel, clay, silt or other like material. Public land means land owned and/or operated by a governmental unit. Public waters means and shall be limited to the following waters of the state: (1) All waterbasins assigned a shoreland management classification by the commissioner of natural resources; (2) All waters of the state which have been finally determined to be public waters or navigable waters by a court of competent jurisdiction; (3) All meandered lakes, except for those which have been legally drained; (4) All waterbasins previously designated by the commissioner of natural resources for management for a specific purpose such as trout lakes and game lakes pursuant to applicable law. (5) All waterbasins designated as scientific and natural areas; (6) All waterbasins located within and totally surrounded by publicly owned lands; (7) All waterbasins where the state or the federal government holds title to any of the beds or shores, unless the owner declared that the water is not necessary for the purposes of the public ownership; (8) All waterbasins where there is publicly owned and controlled access which is intended to provide for public access to the waterbasins; and (9) All natural and altered natural watercourses with a total drainage area greater than two (2) square miles, except that trout streams officially designated by the commis- sioner of natural resources shall be public waters regardless of the size of their drainage area. The public character of water shall not be determined exclusively by the proprietorship of the underlying, or surrounding land or by whether it is a body or stream of water which was navigable in fact or susceptible of being used as a highway for commerce at the time this state was admitted to the union. Recreational beach lot means land abutting public water which serves as a neighborhood recreational facility for the subdivision of which is a part. Recreational vehicle means a vehicle or vehicular unit which can be driven, towed or hauled,and which is primarily designed as a temporary living accommodation for recreational camping and travel use. Recreational vehicles include travel trailers, camping trailers, truck campers, and self-propelled motor homes. Rehabilitation means to renew the land to a self-sustaining, long-term use which is com- patible with contiguous land uses in accordance with the standards set forth in this chapter. Supp. No. 7 1153 § 20-1 CHANHASSEN CITY CODE Restaurant, fast food means an establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption: (1) Within restaurant building; (2) Within a motor vehicle parked on the premises; or (3) Off the premises as carry-out orders; and whose principal method of operation includes the following characteristics: (a) Food and/or beverages are usually packaged prior to sale and are served in edible containers or in paper, plastic, or other disposable containers; (b) The customer is not served food at his table by an employee, but receives it at a counter window, or similar facility and carries it to another location on or off the premises for consumption. Restaurant,standard means an establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one (1) or both of the following characteristics: (1) Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which food and beverages`aare consumed; i } U !( 1G ICI_ ► t_)t (2) A cafeteria-type operation where food and beverages generally are consumed within the restaurant building. Roadside stand means a stand located adjacent to public right-of-way for the sale of agricultural produce. Satellite dish means a combination of: (1) Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; (2) A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and (3) A coaxial cable whose purpose is to carry the signals into the interior of the building. Satellite dish height means the height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to ground level. Semipublic use means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback means the minimum horizontal distance between a structure and the nearest property line or roadway easement line; and, within shoreland areas. Setback also means the minimum horizontal distance between a structure or sanitary facility and the ordinary high water mark. Supp. No. 7 1154 ZONING § 20-1 Sewage treatment system means a septic tank and soil absorption system or other indi- vidual or cluster type sewage treatment system as described and regulated in Chapter 19, Article IV of the City Code. Sewer system means pipelines or conduits,pumping stations,and force main,and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shopping center means an integrated group of commercial establishments planned, de- veloped, and managed as a unit, with off-street parking facilities provided on-site. 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 of fifty (50) percent of the structure setback. Shoreland means land located within the following distances from public waters: one thousand(1,000)feet from the ordinary high water level of a lake,pond,or flowage;and three hundred(300)feet from a river or stream,or the landward extent of a floodplain designated by ordinance on a river or stream,whichever is greater.The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. Sign means any object, device, display, or structure, or part thereof situated outdoors, or visible through a window or door,which is used to advertise,announce,identify,display,direct or attract attention to an object,person,institution,organization,business,commodity,product, service, event or location, by means, including words, letters, figures, design, symbols, fix- tures, pictures, illumination or projected images. Sign, advertising means any sign which directs attention to a business, commodity, ser- vice, activity or entertainment not conducted, sold or offered upon the premises where such a sign is located. Sign, awning means a temporary hood or cover that projects from the wall of a building, and which can be retracted, folded or collapsed against the face of the supporting building. Awning may extend in any required yard setback a maximum of five (5) feet. (2.6 feet in the supplementary regulations) i==NrucmsmAdl.IIIIIIIP 17;:j Sign, bulletin board means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the names of individuals connected with it,and general announcements,of events or activities occurring at the institution or similar messages. Supp. No. 7 1155 § 20.1 CHANHASSEN CITY CODE Sign, banner means a sign which is made out of a paper, cloth or plastic-like consistency, affixed to a building, vehicle, poles, or other supporting structures by all four (4) corners. Sign,business means a sign which directs attention a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located. Sign, business directory means a sign which identifies the names of specific businesses located in a shopping center, medical center and professional office and which is located on the premises of the shopping center so identified. << , I 44.t A✓4IV I Rf tAu4J4 r r{[ fail A Sign, campaign means a temporary sign announcing, promoting, or supporting political candidates or issues in connection with any national, state, or local election. Sign, canopy means any sign that is affixed to a projection or extension of a building or structure of a building, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of assembly. Plastic or structural protective cover over a door entrance, window, or outdoor service area. cA.vopy siba Sign, changeable copy means a sign or portion thereof with characters, letters, or illus- trations that can be changed or rearranged without altering the face or the surface of the sign. Sign, construction means a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the situation or project. Sign, development identification means a permanent ground low profile sign which iden- tifies a specific residential, industrial, commercial or office development and which is located on the premises of the development which it identifies. Sign, directional means a sign erected on private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such sign is located, including signs marking entrances and exits, circulation direction, parking areas, and pickup Supp. No. 7 1156 ZONING § 20-1 and delivery areas. EXIT 1 J l Sign, display area means the area within a single continuous perimeter enclosing the extreme limits or the actual sign message surface, including any structural elements outside the limits of each sign forming an integral part of the sign. The stipulated maximum sign display area for a sign refers to a single facing. — 1 DISPLAY •• AREA Sign,festive flaglbanner means a flag or banner constructed of cloth,canvas or light fabric, that is hung from a light pole.The flag/banner shall contain no advertising except for cultural events, special holidays/seasons, etc. Sign,flag means any fabric banner used as a symbol of a government political subdivision or other identity. Corporation flags shall not exceed twelve (12) square feet and may be flown in tandem with the state or national flag. Sign,flashing means any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. Sign, freestanding/pole/pylon means any nonmovable sign not affixed to a building but erected upon a pole, post or other similar support so that the bottom edge of the sign display area is eight (8) feet or more above the ground elevation. Sign,governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. Sign, ground low profile business means a business sign affixed directly to the ground, with the sign display area standing not greater than two (2) feet above the ground. GROUND Low PROFI L F 1' `) Supp. No. 7 1156.1 § 20-1 CHANHASSEN CITY CODE Sign, holiday decoration means a temporary sign in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. Sign, home occupation means a sign containing only the name and occupation of a per- mitted home occupation not to exceed two (2) square feet. This is also a nameplate sign. Sign, illuminated means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign. Sign, informational means a sign containing descriptions of major points of interest, government institutions or other public services such as hospitals, sports facilities, etc. Sign, institutional means a sign which identifies the name and other characteristics of a public or private private institution of the site where the sign is located. Sign, integral means a sign constructed as to be an integral portion of the building of which it forms a part. Sign, integral roof means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. / PIZZA lI I Sign, marquee means a sign which is mounted, painted on, or attached to any projection or extension of a building that is designated in such a manner as to provide shelter or cover over the approach to any entrance of the building. Sign, menu board means a sign located adjacent to the drive-through lane that is used to advertise the product available at a fast food restaurant. Sign, motion means any sign or part of a sign which changes physical position by any movement or rotation of which gives the visual impression of such movement or rotation. Sign, nameplate means a sign, located on the premises which bears the name and/or address of the occupant of the building or premises. Sign, nonconforming means a sign that does not conform to the requirements of this chapter. Sign, off-premises means an advertising sign which directs attention to a use, product, commodity or services not related to the premises on which it is located. Supp. No. 7 1156.2 ZONING § 20-1 Sign,on premises means a sign which directs attention to a business,commodity,product, use,service or other activity which is sold,offered or conducted on the premises upon which the sign is located. Sign,portable means a sign designed so as to be movable from one(1)location to another, and that is not permanently affixed to a building, structure, or the ground including, but not limited to, signs designed to be transported by means of wheels, sign converted to A-Frames, menu and sandwich board signs, and signs attached to or painted on vehicles parked and visible from the public right-of-way unless said vehicle is used in the normal day-to-day operations. Sign,private sale or event means a temporary sign advertising private sales or personal property such as a house sale, garage sale and the like or private nonprofit events such as picnic, carnival, bazaar, game night, art fair, or craft show. • Sign, projecting means a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building. Sign, real estate means a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the roof line of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. Sign, temporary means a sign designed or intended to be displayed for a short period of time. This includes items such as banners, pennants, flags, beacons, sandwiches, or balloons or other air or gas filled figures. Sign, wall means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of the wall, and which does not project more than twelve(12)inches from such building or structure.Wall signs shall not include product advertising. Wall signs shall include tenant identification, tenant logo, center name, or any combination of the three. Supp. No. 7 1156.3 § 20-1 CHANHASSEN CITY CODE r2OOF SIGN l PROJECT- 2 � J � o N Sign, window means sign,pictures, symbols, or combination thereof, designed to commu- nicate information about an activity,business,commodity,event,sale or service,that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Significant historic site means any archaeological site, standing structure, or other prop- erty that meets 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 presently listed on either register or if it is determined to meet 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. Significant tree means any healthy tree species measuring twelve (12) inches or more DBH; or any health coniferous tree measuring twelve (12) feet in height or more. Site distance triangle means no sign or sign structure shall be closer to any lot line than a distance equal to one-half(1/2) the minimum required yard setback. No sign shall be placed within any drainage or utility easement. Sign shall not block site distance triangle from any private drive or access. Signs shall not be located in any site distance triangle thirty(30) feet from the point of intersection of the property line. Supp.No. 7 1156.4 ZONING § 20-1 Site furnishings means any structure, other than buildings, visible from any public way, and any street hardware located in streets and public ways and outside of buildings. Site furnishings include,but are not limited to, signs, decorative paving treatments, fences, walls, railings, artwork, transformers,utility access boxes, lighting standards and arrays, and other visible site appurtenances. Special trees mean any large broadleaf trees at least thirty (30) inches DBH, any large conifer trees at least twenty(20)inches DBH,any medium broadleaf trees at least twenty(20) inches DBH, any small broadleaf trees at least twelve (12) inches DBH, rare or unusual tree species, or trees of exceptional quality. Steep slope means land where agricultural activity or development is either not recom- mended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this chapter. Where specific information is not available, steep slopes are lands having average slopes over twelve (12) percent, as measured over horizontal dis- tances of fifty (50) feet or more, that are not bluffs. Storage building means any structure used for the storage of materials and accessories used and normally associated with the principal use of the property. Street means a public right-of-way accepted or a private right-of-way approved pursuant to the requirements of the city by public authority which provides a legal primary means of public access to abutting property. The term "street" shall include a highway, thoroughfare, arterial, parkway, collector, avenue, drive, circle road, boulevard or any other similar term describing an entity complying with the preceding requirements. Street frontage means that portion of a parcel of land abutting one (1) or more public streets. Street width means the shortest distance between the lines delineating the right-of-way of a street. Structure means anything manufactured, constructed, or erected which is normally at- tached to or positioned on land, whether temporary or permanent in character, including but not limited to: buildings, fences, sheds, advertising signs, dog kennels, hard surface parking areas, boardwalks, playground equipment, concrete slabs. Subdivision means the separation of an area, parcel, or tract of land under single owner- ship into two (2) or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1) Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred(500)feet in width for residential uses and five(5)acres or larger in size for commercial and industrial uses; Supp. No. 7 1156.5 § 20.1 CHANHASSEN CITY CODE (2) Creating cemetery lots; (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. Temporary structure means a structure without any foundation or footings and which shall be removed when the designed time period,activity,or use for which temporary structure was erected has ceased. Toe of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from flatter to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a fifty-foot segment, measured on the ground, with an average slope exceeding eighteen (18) percent. Top of the bluff means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a fifty-foot segment, measured on the ground, with an average slope exceeding eighteen (18) percent. Townhouse means a single-family attached dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside,no unit is located over another unit and each unit is separated from the adjoining unit by one(1)or more common fire resistent walls having no openings and extending from the basement to the roof. Trailer, temporary means a trailer or mobile home for construction purposes, the display or sale of real estate,or major durable goods or as a temporary form of residential dwelling on lot on which a house is being constructed. Trailer, travel means a vehicle or movable structure which is designed, intended or used for temporary human habitation during recreational or vacation activities.The term includes, without limitation,recreational vehicles,campers,camper trailers and tents,and house travel and tent trailers, but does not include mobile homes. Tree caliper means diameter of a tree measured at six (6) inches above ground. Tree trunk means the stem portion of a tree from the base to the first branch thereof. Truck terminal means any use,area,or building where cargo,trucks,truck parts,loading equipment, and the like is stored or where trucks load and unload on a regular basis. Utility services means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, elec- trical, steam or water transmission or distribution systems, communication, including poles, wire, mains, drains, sewers, pipe, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, that is reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies or for the public health or safety or general welfare.This term does not imply overhead transmission lines in excess of sixty-nine (69) kv. Variance means permission to depart from the requirements of this chapter. Supp. No. 7 1156.6 ZONING § 20-1 Vegetation clearing means the complete removal of existing vegetative cover in such,a manner as to expose the soil to air and water erosion. Vegetation,native. Native vegetation is the pre-settlement group of plant species native to the North American continent which were not introduced as a result of European settlement. Vehicular use area(V.UA.)means any open or unenclosed area containing more than one thousand eight hundred (1,800) square feet of area and/or used by six (6) or more, of any type of vehicle, whether mooring or at rest,including,but not limited to, parking lots, loading and unloading areas, and sales and service areas. Driveways are considered to be vehicular use areas whenever they are adjacent to public streets or other vehicular use elements described previously in this paragraph (and intervening curbs, sidewalks, landscape strips, etc., do not eliminate adjacency). i r' dr et t SChigi Warehousing means the commercial storage of merchandise and personal property. Water-oriented accessory structure or facility means a small, above ground building or other improvement,except stairways,fences,docks,and retaining walls,which,because of the relationship of its use to a surface water feature,reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Wetlands means land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: (1) Have a predominance of hydric soils; (2) Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (3) Under normal circumstances support a prevalence of such vegetation. (4) Wetlands does not include types 3,4,and 5 wetlands,as defined in United States Fish and Wildlife Service Circular No.39(1971 edition),not included within the definition of public waters, that are two and one-half(21/2) or more acres in size. Utilized. Utilized water bodies created for the specific purpose of surface water runoff retention and/or water quality improvements. These water bodies are not to be classified as wetlands even if they take on wetland characteristics.Wetland alteration permits shall not be required to undertake work on these water bodies. Wetlands, ag/urban. Wetlands that have been influenced by agricultural or urban (resi- dential, commercial, or industrial) land usage are called ag/urban. Influences include: over nutrification, soil erosion and sedimentation, and water quality degradation. As a result of these influences there is a loss of plant species diversity, overcrowding and domination by invasive species such as reed canary grass, and reduction in wildlife habitat. Supp. No. 7 . 1156.7 § 20-1 CHANHASSEN CITY CODE Wetlands, natural. Natural wetlands are still in their natural state and typically show little sign of impact from surrounding land usage. The vegetative community of these wet- lands are characterized by a diversity of plant species with mixed dominance of species. Other key factors include: presence of natural indicator species, good wildlife habitat, and being aesthetically pleasing. Wetlands, pristine. Wetlands that exist in a natural state and have special and unusual qualities worth protecting at a high level are called pristine. These qualities include: out- standing vegetation community, native species population, rare or unusual species present, and habitat for rare wildlife species. Wholesale nursery means an enterprise which conducts the wholesale of plants grown on site as well as accessory items directly related to their care and maintenance(but not including power equipment such as gas or engine lawnmowers and farm implements). Wholesale trade means an establishment or place of business engaged in selling merchan- dise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to such individuals or companies. Wind energy conversion system or (WECS) means any device that is designed to convert wind power to another form of energy such as electricity or heat (also referred to by such common names as wind charger, wind turbine and windmill). Woodlands shall mean any groupings of significant trees with a canopy coverage of one(1) acre or more, any groupings of ten (10) or more significant trees, or any grouping of trees with at least one (1) special tree and where twenty-five (25) percent or more of other trees are significant trees. Yard means any open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this chapter. Yard, front means a yard extending across the full width of the lot between any building and the front lot line, and measured perpendicular to the building from the closest point of the building to the front lot line. Yard, rear means a yard extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building from the closest point of the building to the rear lot line. Yard, side means a yard extending form the front yard to the rear yard between the principal building and the side lot line, measured perpendicular to the building from the closest point of the building to the side lot line. Zoning administrator means the planning director or designee. (Ord. No. 80,Art. II, § 1, 12.15-86; Ord. No. 80-A, § 1, 6-15-87; Ord. No. 80-G, § 2, 1-11-88; Ord. No. 98, § 1, 11-28-88; Ord. No. 116, §§ 1, 2, 1-22-90; Ord. No. 120, § 1, 2-12-90; Ord. No. 127, § 1, 3-26.90; Ord. No. 144, § 1, 4-8.91; Ord. No. 145, § 3, 4-8-91; Ord. No. 151, § 1, 8-26-91; Ord. Supp. No. 7 1156.8 ZONING § 20-5 (6) Facilitate the provision of public services; • (71 Secure equity among individuals in the use of their property. .Ord. No. SO, Art. I. § 2, 12-15-86) Sec. 20-3. Interpretation. (al Where the conditions imposed by any provision of this chapter are either more or less restrictive than conditions imposed by other ordinances, the ordinance which is most restric- tive shall prevail. When this chapter provides both general regulation as well as specific regulation of a subject, the specific regulation shall apply. (b) When the term "density" is used in this chapter without specifying "net density" or "gross density," it shall be construed to mean "net density." (Ord. No. 80, Art. I, § 3(1-3-1), 12-15-86; Ord. No. 108, § 1, 9-11-89) Sec. 20-4. Compliance. No building, structure or land shall be used or occupied, no building permit shall be granted and no plat approved that does not conform to the requirements of this chapter. (Ord. No. 80, Art. I, § 3(1-3.2), 12-15-86) Sec. 20-5. Identification of arterial and collector streets. For purposes of this chapter, the following are identified as arterial and collector streets: Arterial Streets Trunk Highway 5 Trunk Highway 7 Trunk Highway 41 Trunk Highway 101 Trunk Highway 169 Trunk Highway 212 County Road 14 County Road 18 (Lyman Blvd., but not including Lyman Blvd. east of Trunk High- way 101) • Collector Streets 1 E- A• Gf; E (_>('. a(I County Road 17 (Powers Blvd.) (fit County Road 117 (Galpin Blvd.) S` Audobon Road Lake Lucy Road Kerber Boulevard Lake Drive East. (Ord. No. 80, Art. VI, § 25, 12-15-86) Supp. No. 2 1157 Section. 20-5 Collector roads add: McGlynn Drive/Coulter Arboretum Boulevard Market Boulevard Long Acres Boulevard Pleasant View Road Lake Drive West West 78th Street Lyman Boulevard east of TH 101 ZONING § 20.282 Sec. 20-264. Electrical substations. Electrical substations are subject to the following conditions: (1) The substation must be served by a collector or major arterial street as desginated in the comprehensive plan. (2) The substation will not have sanitary facilities and will not be used for habitation. (3) The substation will be located on at least five(5) acres of property. (4) A six-foot high security fence shall surround the substation. (5) A landscaping plan shall be submitted for city approval. (6) Substations shall be a minimum of five hundred(500)feet from single-family residences. (Ord. No. 80, Art. V, § 9(5-9-1(13)), 12-15-86) Sec. 20-285. Golf driving ranges. [The following applies to] golf driving ranges with or without a miniature golf courses: (1) The location of the driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial which leads to TH 5 or TH 212. (2) Hours of operation shall be from sunrise to sunset. (3) Provision of adequate parking areas and submission of landscaping plan in confor- mance with article VIII of the zoning ordinance. (4) No site shall be located within five hundred (500)feet of a single-family residence. (5) Buildings on the site may be not exceed eight hundred (800)square feet and shall be painted in earth tones. (Ord. No. 80-E, § 2, 11-16-87) r ,� ol f Sees. 20-266-20-280. Reserved. DIVISION 4. STANDARDS FOR BUSINESS, OFFICE, INSTITUTIONAL AND INDUSTRIAL DISTRICTS Sec. 20-281. Scope. In addition to the standards required by section 20-232, the standards in this division shall apply to the conditional uses if they are located in a business, office, institutional or industrial district. (Ord. No. 80, Art. V, § 17(5-17-1), 12-15-86) Sec. 20-282. Motor fuel and service stations, The following applies to motor fuel stations: (1) No unlicensed or inoperable vehicles shall be stored on premises except in appropri- ately designed and screened storage areas. Supp.No.4 1180.1 Sales Trailers are subject to the following conditions: 1. Trailers are permitted only until a permanent dwelling unit is available to be used as the sales office/model. At such time, the trailer shall be removed from the site. 2. Hours of the sales trailer shall be 8:00 a.m. to 9:00 p.m. 3. There shall be no outdoor speaker. 4. Lighting shall be downcast, with no flashing, blinking or skylights permitted. 5. Trailers shall skirted and one trailer shall be permitted per development. 6. Trailers shall comply with ADA requirements. 7. Off street hard surface parking for 3-5 cars shall be provided. 8. Engineering Department shall approve any access from a city street. ZONING § 20-402 ARTICLE VI. WETLAND PROTECTION* Sec. 20-401. Findings intent; rules adopted by reference. (a) Wetlands help maintain water quality, serve to reduce flooding and erosion, act as sources of food and habitat for a variety of fish and wildlife, and are an integral part of the community's natural landscape.Wetlands provide the aesthetic benefits of open space and can be used to provide a natural separation of land uses. It is the intent of this article to establish a policy of sound stewardship through coordination of regulations which conserve, protect, enhance, and result in the no net loss of these environmentally sensitive resources. In addi- tion, it is the intent of the city to promote the restoration of degraded wetlands. (b) The intent of this article is to avoid alteration and destruction of wetlands.When this is not feasible, mitigation must be provided to recreate the lost or altered wetlands value and function. (c) This article is adopted in part to implement the Wetland Conservation Act of 1991 (Minn. Laws 1991, Chapter 354, as amended), and the accompanying rules of the Minnesota Board of Water and Soil Resources (Minn. Rules Chapter 8420, as amended). (d) This article incorporates by reference the Act and the Rules.Terms used in this article which are defined in the Act or the Rules have the meanings given there. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 1, 4-25-94) Sec. 20.402. Purpose. The purpose of this article is to assure the general health, safety, and welfare of the residents through preservation and conservation of wetlands and sound management of de- velopment by: (1) Conducting an inventory and classification of all wetlands within the city and main- tenance of a comprehensive set of official city maps delineating wetlands. (2) Establishment of wetland regulations that are coordinated with flood protection and water quality programs under the Chanhassen Surface Water Management Plan. (3) Requiring sound management practices that will protect, conserve, maintain, en- hance, and improve the present quality of wetlands within the community. (4) Requiring measures designed to maintain and improve water quality in streams and lakes. (5) Protecting and enhancing the scenic value of wetlands. *Editor's note—Section 1 of Ord. No. 180 amended Art. VI in its entirety to read as herein set out. Prior to amendment, Art. VI contained §§ 20-401-20-409, 20.421-20.424, 20-436-20-441, which pertained to similar subject matter and derived from Ord. No. 80, adopted Dec. 15, 1986; Ord. No. 80C,adopted Oct. 5, 1987; Ord. No. 98,adopted Nov. 28, 1988; Ord. No. 110, adopted Aug. 28, 1989; Ord. No. 133, adopted Nov. 5, 1990; and Ord. No. 141, adopted Mar. 11, 1991. Supp. No. 7 1188.1 § 20-402 CHANHASSEN CITY CODE (6) Restricting and controlling the harmful effects of land development on wetlands. (7) Allowing only development that is planned to be compatible with wetland protection and enhancement. (8) Providing standards for the alteration of wetlands when alteration in allowed. (9) Mitigating the impact of development adjacent to wetlands. (10) Educating and informing the public about the numerous benefits and features of wetlands and the impacts of urbanization. (11) Obtaining protective easements over or acquiring fee title to wetlands as appropriate. (Ord. No. 180, § 1, 12-14-92) Sec. 20.403. Delineation of wetlands. (a) Generally. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable city ordinances and regulations. The Wetland Protection Regulations shall not be construed to allow anything otherwise pro- hibited in the zoning district where the wetland area is located. (b) Boundaries; maps. A wetland is land that meets the definition of"wetlands" set forth in this article.Wetland boundaries and wetland types,as established by officially adopted city maps, shall be prima facie evidence of the location and type of wetland.The official maps shall be developed and maintained by the planning department. If an applicant questions whether a wetland exists or disputes its delineation, the applicant shall have the burden to supply detailed information for reviews supporting the applicant's position. The applicant shall pro- vide appropriate technical information,including,but not limited to,topographical survey and soil data deemed necessary for the city to determine the exact wetland boundary.The planning director shall make a determination to maintain the officially designated wetland boundary or if the boundaries need to be corrected on city plans and maps based upon the data that is supplied. Data for wetland determination shall be certified by a registered engineer, surveyor, or a qualified wetland consultant. The applicant may appeal the planning director's determi- nation of the wetland boundary and type to the city council. (c) Wetland types. This article establishes three (3) wetland types and one body type: (1) Wetlands, ag/urban. Wetlands that have been influenced by agricultural or urban (residential, commercial, or industrial) land usage are called ag/urban. Influences include: over nutrification, soil erosion and sedimentation, and water quality degra- dation. As a result of these influences there is a loss of plant species diversity, over- crowding and domination by invasive species such as reed canary grass,and reduction in wildlife habitat. (2) Wetlands, natural. Natural wetlands are still in their natural state and typically show little sign of impact from surrounding land usage. The vegetative community of these wetlands are characterized by a diversity of plant species with mixed dominance of species. Other key factors include: presence of natural indicator species, good wild- life habitat, and being aesthetically pleasing. Supp. No. 7 1188.2 ZONING § 20-406 (3) Wetlands,pristine. Wetlands that exist in a natural state and have special and un- usual qualities worth protecting at a high level are called pristine. These qualities include: outstanding vegetation community, native species population, rare or un- usual species present, and habitat for rare wildlife species. (4) Utilized. Utilized water bodies created for the specific purpose of surface water runoff retention and/or water quality improvements. These water bodies are not to be clas- sified as wetlands even if they take on wetland characteristics. Wetland alteration permits shall not be required to undertake work on these water bodies. (Ord. No. 180, § 1, 12-14-92) Sec. 20.404. No net loss. To achieve no net loss of wetland, except as provided under section 20-416 of this article, or authorized by a wetland alteration permit issued by the city,a person may not drain,grade, fill,burn,remove healthy native vegetation,or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetland, permitted by a wetland alteration permit must be fully mitigated so that there is no net loss of wetlands. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 2, 4-25-94) Sec. 20-405. Standards. The following standards apply to all lands within and abutting a wetland: (1) Septic and soil absorption system must be a setback minimum of seventy-five(75)feet from the ordinary high water mark of the wetland. (2) The lowest ground floor elevation is three(3)feet above ordinary high water mark of the wetland. (3) Docks or walkways shall be elevated six(6)to eight(8)inches above the ordinary high water mark or six(6)to eight(8)inches above the ground level,whichever is greater. (4) Access across a wetland shall be by means of a boardwalk and only upon approval of a wetland alteration permit. (5) The city's Best Management Practices Handbook shall be followed. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 3, 4-25-94) Sec. 20.406. Wetland buffer strips and set.acks. 2 (a) For lots created after December, 14, • .ate of o in na ce adoption), a buffer strip shall be maintained abutting all wetland- suffer strip v getation shall be established and maintained in accordance to the following requirements. lant species shall be selected from wetland and upland plants to provide habitat for various species of wildlife.Buffer strips shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot.In other situations,a monument is required for each three hundred (300) feet of wetland edge. The buffer strips and structure setbacks shall meet the Supp. No. 7 1188.3 Suggested Wetland Ordinance Amendments The attached numbered areas on the wetland ordinance, section 20-406(a) should include the following wording: 1. All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward buffer strips unless otherwise approved by City Council. 2. If the buffer area is disturbed, plant species... 3. Where roadways are constructed next to a wetland, the average buffer strip width for the adjacent wetland shall be maintained. eeuediane\wedaads\cryva oca,meoa.95 § 20-406 CHANHASSEN CITY CODE following standards: Wetland Type Pristine Natural Ag/Urban Utilized Principal Struc- 100' 40' measured 40' measured 0' ture Setback from the outside from the outside edge of the edge of the buffer strip buffer strip Buffer Strip 20-100' 10-30' 0-20' 0' Buffer Strip 50' 20' 10' 0' Minimum Av- erage Width % of Native Entire Entire Optional Optional Vegetation in Buffer Strip AG/URBAN WETLAND ILLUSTRATION I I BUFrtH MO STREET y ( 31' I WETLAND EDGE I HOME AR ( 60' 1 -- /W~ )FRONTFRONTYD I SETBACK S r YAR FROM WETLAND K 30' BU40 ER I I 1 10' I I ` 0'EAS ENT NIB AD WETLAND BUFFER STRIP (AVERAGE 10'DEPTH) The dimensions of the buffer strips may be adjusted by the city based upon the quality of the wetland, local topographic conditions, and the type and design of development being proposed. The table above provides minimum and maximum dimensions for the buffer strip. The use of a meandering buffer strip to maintain a natural appearance is encouraged. Structure setbacks are also described in the table. On single-family subdivisions in the RSF di s rict, the applicant Supp. No. 7 1188.4 J ZONING § 20-408 must demonstrate that each lot provides sufficient area to accommodate the applicable front yard setback,sixty-foot by forty-foot deep building pad,and a thirty-foot rear yard area.All of these elements must be provided outside of designated wetland and buffer strip areas. (b) For lots of record on December 14, 1992 (date of ordinance adoption) within wetland areas and for lands abutting a wetland area,the following minimum provisions are applicable unless alternative plans are approved by the city under a wetland alteration permit: Pristine Natural Ag/Urban Utilized Setback Prin- 100' 75' 75' 0' cipal Structure The city may approve reduced wetland setbacks as outlined in subparagraph (a) above. (Ord. No. 180, § 1, 12-14-92) Sec. 20-407. Wetland alteration. An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority: (1) Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; (2) Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; (3) Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland activity and its implementation; (4) Reducing or eliminating the impact over time by preservation and maintenance op- erations during the life of the activity; and (5) Replacing unavoidable impacts to the wetlands by restoring or creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0630. A wetland alteration permit shall not be issued unless the proposed development complies within the provisions of the Mitigation Section of this article,as well as the standards, intent, and purpose of this article. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 4, 4-25-94) Sec. 20.408. Permit required. Drainage, grading, filling, removal of healthy native vegetation, or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Activity in a wetland requiring a wetland alteration permit includes, but is not limited to: (1) Construction of new streets and utilities. Supp. No. 7 1188.5 § 20-408 CHANHASSEN CITY CODE (2) Creation of ponds or dams and alterations of the natural drainageways of water courses. This shall only be allowed as part of a mitigation project, or to restore or improve the function and value of the wetland. (3) Installation of boardwalks. (4) Creation of sedimentation and water quality improvement basins if part of a mitiga- tion project,or used to restore or improve the function and value of the wetland.These basins may not be created in"pristine"wetlands and may only be created in"natural" wetlands if the city determines that there is no reasonable alternative. (5) Discharge of stormwater runoff in a manner that impacts the wetland. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 5, 4-25-94) Sec. 20.409. Filling. When a wetland alteration permit is issued allowing filling in a wetland, the following standards shall be followed: (1) Filling must be consistent with the Chanhassen Surface Water Management Plan. (2) Filling shall not cause total natural nutrient stripping capacity of the wetland to be diminished to an extent that is detrimental to any area river, lake, or stream. (3) Only fill free of chemical pollutants and organic wastes may be used. (4) Filling shall be carried out so as to minimize the impact on vegetation. (5) Filling in wetland areas will not be permitted during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. (6) Filling in wetland areas will be required to be mitigated in accordance with the requirements of this article. (Ord. No. 180, § 1, 12-14-92) Sec. 20-410. Dredging; excavation; grading. When a wetland alteration permit is issued allowing dredging, excavating, or grading in a wetland, the following standards shall be followed: (1) The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland. (2) It shall be located as to minimize the impact on vegetation. (3) It shall not adversely change water flow. (4) The size of the dredged area shall be limited to the minimum required for the pro- posed action. (5) Disposal of the dredged material is prohibited within the wetland area. Supp. No. 7 1188.6 ZONING § 20-412 (6) Disposal of any dredged material shall include proper erosion control and nutrient retention measures. (7) Dredging in any wetland area is prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning. (8) Dredging in wetland areas will be required to be mitigated in accordance with the requirements of this article if the activity results in a loss of functional wetland. Dredging to create water quality improvement basins may be allowed by the city where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the Chanhassen Surface Water Management Plan. (Ord. No. 180, § 1, 12-14-92) Sec. 20-411. Stormwater runoff. When a wetland alteration permit is issued allowing stormwater runoff to discharge directly into a wetland, the following standards shall be followed: (1) An increase over the natural volume of stormwater runoff from a development may be allowed when necessary for use of property, but only when it will not have a net adverse effect upon the ecological and hydrological characteristics of the existing wetlands. The restrictions on runoff set out below shall not be exceeded. Since the total increase in runoff which can be permitted is limited, the city, when considering permit applications, shall consider, in addition to the following, apportionment of increased runoff opportunity to all wetland property within the surrounding wetland area. (2) Stormwater runoff from a development may be directed to the wetland only when free of debris and substantially free of chemical pollutants and silt, and only at rates which do not disturb vegetation habitat or increase turbidity. Sheet flow and other overland drainage of runoff shall be encouraged. (3) The allowed total increased runoff, in combination with the total fill allowed, shall not cause total natural flood storage or nutrient stripping capacity of the wetland to be reduced in a manner inconsistent with requirements established by the Chan- hassen Surface Water Management Plan. (Ord. No. 180, § 1, 12-14-92) Sec. 20.412. Mitigation. (a) Mitigation intent. Where wetland alteration is approved and mitigation is required, mitigation must result in an improvement to the wetland function and value.Mitigation plans must address water quality, improvement, and maintenance of preexisting hydrological bal- ance and wildlife habitat.The wetland function and value will include improvement of water quality,maintaining hydrological balance,and provision of wildlife habitat.Mitigation will be performed at ratios required by state law to achieve replacement of the wetland function and value. • Supp. No. 7 1188.7 § 20-412 CHANHASSEN CITY CODE (b) Mitigation standards. Mitigation of wetlands for function and value should be re- stored, created, and enhanced to have the following characteristics: (1) Relatively stable water levels subject to natural fluctuations. (2) Pretreatment of inflow waters to improve quality. (3) High level of upland/lowland intermingling. (4) A ratio of open water to aquatic vegetation between 1:1 and 1:2. (5) High degree of intermingling of open water and aquatic vegetation. (6) High level of plant species diversity. (7) Restoration of native plant species in upland and lowland areas. (8) Undisturbed upland/lowland edge (i.e. buffer). (9) Meandered wetland edge. (10) Irregular bottom contours—mix of shallow and deep water. (11) Shallow side and bottom slopes—preferable 10:1 to 30:1 around and within wetland; steeper slopes may be used to provide open water and greater vegetation variability. (c) Mitigation techniques. (1) Mitigation will be performed at a ratio required by state law. (2) Mitigation should always result in an improvement to the wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. (3) Mitigation shall provide a buffer strip as set forth in this article. (4) Mitigation shall maintain or enhance the wetland hydrological balance through the following: a. Restoration of partially deteriorated wetlands. b. Creation of new wetlands. (5) Mitigation shall provide for pretreatment of water prior to it entering the wetland to improve water quality if required by the Chanhassen Surface Water Management Plan. (6) Mitigation,through the buffer strip,shall provide landscaping for nesting and food for wildlife habitat.The buffer strip landscape shall provide for wildlife cover and utilize a diversity of native flora(i.e.,trees,shrubs,grasses,herbaceous plants)to encourage wildlife diversity and provide visual variety. (7) Wetland mitigation should be undertaken on-site. If this is not feasible, mitigation should occur locally within the subwatershed.If this is not possible,mitigation should occur outside the subwatershed,elsewhere in the city. If mitigation cannot be accom- Supp. No. 7 1188.8 ZONING § 20-413 plished on site, or if the city deems it necessary to perform mitigation off-site, the applicant shall be responsible for contributing into the city's wetland mitigation fund. The mitigation performed off-site shall meet the above requirements. (d) Construction management and long term wetland maintenance. (1) The permit holder shall follow the city's best management practices to minimize direct impacts due to erosion and construction practices and to safeguard wildlife habitat. (2) The permit holder shall conduct a monitoring program and evaluation until construc- tion is completed. A letter of credit from the permit holder shall be held to ensure compliance similar to any other public improvement. The city will ensure that the permit holder is delivering the wetland that was promised. The permit holder shall demonstrate compliance with the designed wetland as-built plans. Where feasible, the city shall require the permit holder to satisfy long term management requirements. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, §§ 6, 7, 4-25-94) Sec. 20-413. Application and issuance of permit. (a) The applicant for a wetland alteration permit shall furnish the information required by the city including, but not limited to, a site plan, topographic data, hydrological data, and habitat evaluation procedures for the review of a wetland alteration permit application. The planning director shall use discretion regarding the level and complexity of information re- quired to review the request. A wetland alteration permit shall not be issued without having been first reviewed by the planning commission and approved by the city council following the review and hearing procedures set forth for conditional use permits and the additional re- quirement of Minnesota Rules 8420.0230.The applicant shall have the burden of proving that the proposed use or activity complies with the purposes, intent, and other provisions of this article. The council may establish reasonable conditions which are specifically set forth in the permit to ensure compliance with requirements contained in this article.Such conditions may, among other matters, limit the size, kind, or character of the proposed work; require the construction of other structures; require replacement of vegetation and wetland function and value; establish required monitoring procedures and maintenance activity; stage the work over time; require the alteration of the site design to ensure buffering; require the provision of a performance security. (b) The Chanhassen City Council shall appoint a person to serve on a technical evaluation panel. The person must be a technical professional with expertise in water resources manage- ment. Decisions under this ordinance must not be made until after receiving the determina- tion of the technical evaluation panel regarding wetland public values, location, size, and/or type if the city council, the landowner, or a member of the technical evaluation panel asks for such determinations. This requirement does not apply to wetlands for which such data is Supp. No. 7 1189 § 20-413 CHANHASSEN CITY CODE included in an approved comprehensive wetland management plan per Minnesota Rules 8420.0240. The city council may seek and consider recommendations, if any, made by the technical evaluation panel in making replacement plan decisions. (c) Decisions made under this article may be appealed to the board of water and soil resources under Minnesota Rules 8420.0250, after administration appeal rights under the official controls have been exhausted. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 8, 4-25-94) Sec. 20.414. Inspection of work. The city may cause inspection of work for which a wetland alteration permit is issued, at the applicant's expense,to be made periodically during the course of such work and shall cause final inspection to be made following the completion of the work. (Ord. No. 180, § 1, 12-14-92) Sec. 20-415. Expiration and renewal of permit. (a) Unless otherwise specified by the city council, the person issued a wetland alteration permit shall begin and complete the development authorized by the permit within one(1)year after the date the council approves the permit application. (b) The permittee shall provide written notice to the city twenty-four (24) hours prior to the commencement and completion of the development project. No project shall be deemed to have been completed until approved by the city after receipt of notice of completion. (c) If the permittee fails to commence work on the development within the time specified in this section,the permit shall be void.The council may renew a void permit at its discretion. If the council does not renew the permit, the holder of the void permit may make original application for a new permit. (d) The permittee may make written application to the council for an extension of the time to commence work,but only if the permittee submits the application prior to the date already established to commence work. The application of an extension shall state the reasons the permittee requires an extension. (Ord. No. 180, § 1, 12-14-92) Sec. 20-416. Exemptions. Activities exempted by Minnesota Rules 8420.0120 shall be exempted from the provisions of this article. However, certificates of exemption must be obtained from the city prior to starting work. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 9, 4-25-94) Sec. 20-417. Variances. Variances from the requirements of this article may be granted in accordance with the variance provisions of this chapter as regulated by article II, division III of this Code so long as the variances do not violate the Act or Rules. (Ord. No. 180, § 1, 12-14-92; Ord. No. 202, § 10, 4-25-94) Supp. No. 7 1190 § 20-479 CHANHASSEN CITY CODE Lake Susan (10-13P) to Rice Marsh Lake (10-1P). Lake Minnewashta (10-9P) to Lake Virginia (10-15P). Purgatory Creek—From Lotus Lake (10-6P) to east city boundary. All protected watercourses in Chanhassen shown on the Protected Waters Inventory Map for Carver County, a copy of which is hereby adopted by reference, not given a classification herein shall be considered "tributary". (Ord. No. 217, § 4, 8-22-94) Sec. 20-480. Zoning and water supply/sanitary provisions. (a) Lot area and width standards. The lot area(in square feet)and lot width standards(in feet) for single,duplex,triplex and quad residential lots created after the date of enactment of this ordinance for the lake and river/stream classification are as follows: (1) Sewered lakes—Natural environment: Riparian Lots Nonriparian Lots Area Width Area Width Single 40,000 125 15,000 90 Duplex 70,000 225 35,000 180 Triplex 100,000 325 52,000 270 Quad 130,000 425 65,000 360 -(2) Sewered lakes—Recreational development: Riparian Lots Nonriparian Lots Area Width Area Width Single 20,000 90 15,000 90 Duplex 35,000 135 26,000 135 Triplex 50,000 195 38,000 190 Quad f 65 000 255 49,000 245 eLucr-Fn IS Goo '16 �' (d) River/stream lot width standards. There is no minimum lot size requirements for rivers and streams. The lot width standards for single, duplex, triplex and quad residential developments for the six (6) river/stream classifications are as follows: Tributary Agricultural No Sewer Sewer Single 150 100 90 Duplex 225 150 115 Triplex 300 200 150 Quad 375 250 190 (4) Additional special provisions. Residential subdivisions with dwelling unit densities exceeding those in the tables in subsections (1), (2) and (3) can only be allowed if Supp. No. 7 1194 § 20.487 CHANHASSEN CITY CODE Secs. 20-487-20.500. Reserved. ARTICLE VIII. PLANNED UNIT DEVELOPMENT DISTRICT* DIVISION 1. GENERALLY Sec. 20.501. Intent. Planned unit developments offer enhanced flexibility to develop a site through the relax- ation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs.In exchange for this enhanced flexibility,the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the city's expectation is to be realized as evaluated against the following criteria. Planned unit developments are to en- courage the following: (1) Preservation of desirable site characteristics and open space and protection of sensi- tive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. (2) More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. (3) High quality of design and design compatible with surrounding land uses, including both existing and planned.Site planning,landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. (4) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (5) Development which is consistent with the comprehensive plan. (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 park plan and overall trail plan. (7) Provision of housing affordable to all income groups if appropriate within the PUD. (8) Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. *Editor's note—Section 1 of Ord.No. 149,adopted June 24, 1991,amended Art.VIII,Div. 1,to read as herein set out.Prior to amendment,Art.VIII,Div. 1,contained§§20-501-20-505, pertaining to similar subject matter and deriving from Ord. No. 80, Art. V, § 18(5-18-1-5- 18-5), adopted Dec. 15, 1986, and Ord. No. 136, § 1, adopted Jan. 28, 1991. Supp. No. 7 1200 ZONING § 20-502 (9) Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appro- priate. (Ord. No. 149, § 1, 6-24-91) Sec. 20-502. Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a develop- ment plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit up to twenty-five(25)percent of the gross floor area of all buildings in a PUD to be used for land uses for which the site is not designated in the comprehensive plan if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this section. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. Supp.No. 7 1200.1 ZONING § 20-505 (2) Where the site of a proposed PUD is designated for more than one(1) land use in the comprehensive plan, city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. (Ord. No. 149, § 1, 6-24-91) Sec. 20-503. District size and location. (a) Each PUD shall have a minimum area of five (5) acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved devel- opment. (3) The property is located in a transitional area between different land use categories or on an intermediate or principal arterial as defined in the comprehensive plan. (Ord. No. 149, § 1, 6-24-91) Sec. 20-504. Coordination with other zoning regulations. (a) Subdivision review under chapter 18 shall be carried out simultaneously with the review of a 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. (b) Site plan review under article II, division 6 of this Code shall be carried out for each non-single-family or duplex principal structure, that is proposed. (c) PUD plans shall be coordinated with and in compliance with provisions of article V, Flood Plain Overlay District;article VI,Wetland Protection,and article VII,Shoreland Overlay District. (Ord. No. 149, § 1, 6-24-91) Sec. 20-505. Required general standards. (a) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. Supp. No.5 1200.3 r Iii-36 603.6 OPEN SPACE PERFORMANCE STANDARDS A. It is the intention of this Ordinance to promote common open space development which provides a unified landscape for the use and enjoyment of the neighborhood community. Evaluation and subdivision approval by the City Council shall be subject to demonstration by the applicant that the proposed development plan provides common open spaces in a site design appropriate to the location of building lots. B. Area Regulations. 1. A minimum of fifty (50)percent of land subdivided for development shall be dedicated to open space consisting of natural habitat, neighborhood recreation, and/or pedestrian corridor open space, as defined in Section 302 (see Figure 603-B). 2. All designated open space shall be planed as outlot parcels held as open space in perpetuity. 3. Each open space outlot shall be classified as natural habitat, neighborhood recreation, or pedestrian corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification. • Natural Habitat Neighborhood Pedestrian Corridor Recreation _ k-...\ - - _ -.. - err ti'! _ L. d\- - --- _ . i...r' OOP./407.----'..::------ . .:1 s :::-----' (.___- , - \ 411/' . .--- I \------ 4.. # '\' / / --'''..---:::*-.----Aft_.:-- \---/ (/) ._ Y. tr r�i, � ' Figure 603-B Natural habitat, pedestrian corridor and neighborhood recreation open spaces are located on the development site according to their type of use. MIN—37 C. Location Criteria. Open space outlots shall be located on the development site according to the following locational criteria: 1. View Sheds. The open space outlots shall preserve the maximum quantity of view shed open space for the anticipated homesite lots on the development tracts (see Figure 603-C). 2. Natural Habitat. The development shall preserve the maximum quantity of natural habitat open spaces in a contiguous, connected configuration. Natural habitat open spaces may include, but are not limited to fields, wetlands, slopes, bluffs, dense woods, lakes, ponds, streams, shorelands, and other environmentally sensitive areas or desirable view sheds. 3. Pedestrian Corridors. The development shall locate pedestrian corridor open spaces in strategic places such that larger open space outlots and designated places of destination both on the development tract and adjacent tracts are connected with one another. Pedestrian corridor open spaces may include, but are not limited to established regional trails, local pathways, paved walkways, and shorelines. Pedestrian corridor outlots shall be a minimum of twenty (20) feet in width. 4. Neighborhood Recreation. The development shall locate neighborhood recreation open spaces such that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation open spaces may include, but are not limited to greens, commons, playgrounds, ball fields, gardens, or other recreational areas. 10 N IN—38 ..-: r...4----7; J� .c. .'! 1,-- - . i:4:.;c ... -2 r7 .�,..f,tel • ...- ..r. -. '.J'sA.- _i 1 q� •7-- �� -- -------------h................„...„:1;7 Tieleshed : �-'� 11/611 1 # - - -- 1111/„..... r V ' / /4-4 < j - - - �\ t /C / ! \ I 1 Figure 603-C Viewsheds are directional open space vistas from a homesite and between tree stands and other neighborhood • buildings. e D. Accessibility. Open spaces shall be accessible to pedestrians public at no less roadways.than one thousand two hundred (1,200) foot intervals along necessary, pedestrian access corridor outlots between private lots shall be at least twenty (20) feet in width. E. Deed Restrictions. Each open space outlot shall conform to the deed restrictions associated with its open space classification. 1. Natural habitat open spaces shall be considered conservation easements and are for the responsible use and enjoyment by adults and children. Construction in these areas shall be limited ud houses,to wood fencing,(paved or v and) open air shelters, bridges, benches, communal drainfields. 2. Neighborhood recreation open spaces shall be used for active or passive recreational purposes, including gardening. Construction in these areas shall be limited to gravel or paved walkways, open air shelters, bird 11 Nii1-39 houses, garden storage sheds no larger than one hundred twenty (120) ) square feet, wood fencing, landscape planting, playequipment, or furniture, and facilities for active recreation. 3. Pedestrian corridor open space shall be used for pedestrian, bicycle, and/or equestrian travel. Motorized vehicles shall be prohibited. Construction in these areas shall be limited to gravel or paved pathways, wood fencing, and landscape planting. 4. Habitable structures shall not be permitted in any open space outlot. F. Ownership and Management. Each designated open space outlot shall be owned and managed according to one of the following means, subject to City Council approval. 1. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that subdivision's homeowner association. In the case where at least one (1) outlot of open space is held in common ownership, a homeowner association shall be established for that subdivision and membership in the association by all property owners in the subdivision shall be mandatory. 2. Open space may be deeded to an established land trust. Management shall be the responsibility of the land trust. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust. 3. Open space may be deeded to the City of Marine on St. Croix. Management shall be the responsibility of the City. 603.7 NEIGHBORHOOD PERFORMANCE STANDARDS A. It is the intention of this Ordinance to promote neighborhood development which offers a variety of lot size, configuration, topography, and affordability. Evaluation and subdivision approval by the City Council shall be subject to demonstration by the applicant that the proposed development plan provides a cohesive neighborhood(s) in a site design appropriate to the location of common open spaces. • 12 § 20-505 CHANHASSEN CITY CODE (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design,landscaping,protection of wetlands,creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance stan- dards. (c) Density. An increase/transfer for density may be allowed at the sole discretion of the city utilizing the following factors: (1) Density within a PUD shall be calculated on gross acreage located within the prop- erty lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single-family detached area will be evaluated using the items listed in section 20-506. Density transfer eligible for multiple-family areas are not permitted to be applied to single-family areas. \n / (4) In no case shall the overall density of the development exceed the-gr_ o�s�density ranges identified in the comprehensive plan. V (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate income for a specific period of time. (e) Hard surface coverage shall be limited as follows: Comprehensive Hard Surface Plan Designation Coverage (%) Low or medium density residential -5 i- } 30 High density residential ( 7� �U op*r 50 Office 111 p �a hiineilA 70 Commercial (neighborhood or community) //11( U VO,o 70 Commercial (regional) v �� 70 Industrial 70 Individual lots within PUD may exceed these standards as long as the average meets these standards. (f) The setback for all buildings within a PUD from any abutting street line shall be thirty (30) feet for local streets and fifty(50) feet from railroad lines for collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building up to a maximum of one hundred (100) feet. The setback for all Supp.No. 5 1200.4 ZONING § 20-505 buildings from exterior PUD lot lines not abutting a public street shall be thirty (30) feet except that in no case shall the setback be less than the height of the building up to a maximum of one hundred (100) feet. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be setback at least twenty (20) feet from all exterior lot lines of a PUD. The setback for parking structures including decks and ramps shall be thirty-five(35)feet from local streets and fifty(50) feet from all other street classifications except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be fifty (50) feet or the height of the structure, whichever is greater where adjacent to residential property; thirty-five (35) feet when adjacent to nonresidential properties. Parking structures setbacks from internal public or private streets shall be deter- mined by the city based on characteristics of the specific PUD. Where industrial uses abut developed or platted single-family lots outside the PUD,greater exterior building and parking setbacks may be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant.Screening may include the use of natural topography or earth berming,existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan. (g) More than one (1)building may be placed on one (1)platted or recorded lot in a PUD. (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction,however, all parcels will remain subject to the PUD development contract that will be recorded in each chain-of-title. (i) Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants, established in the PUD Development Contract. (j) The requirements contained in article XXIII, General Supplemental Regulations, ar- ticle XXIV,Off-street Parking and Loading,and article XXV,Landscaping and Tree Removal, may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordi- nances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article]or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. Supp. No.5 1200.5 § 20-505 CHANHASSEN CITY CODE (1) No building or other permit shall be issued for any work on property included within a proposed or approved PUD nor shall any work occur unless such work is in compliance with the proposed or approved PUD. (m) Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fifty-foot buffer yard is to be provided where the interface occurs along a public street,a one-hundred-foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance,however,such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering satisfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compli- ance with the standards herein. (Ord. No. 149, § 1, 6-24-91; Ord. No. 179, § 3, 11-23-92) Sec. 20-506. Standards and guidelines for single-family detached residential planned unit developments. (a) Intent. The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer.The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility.At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options.In addition,quality of development, as evidenced by landscaping, construction quality, provision of public/private open and recre- ational space, should also be enhanced. (b) Minimum lot size. The single.farail en t UD allaws-lnt-sizodown to a min- - imum of eleven thousand (11,0001-square—feet (excluding identified wetland areas from lot „I-� calculations). Average-lot_sizes.for_the entire PUD-shall-maintain-a-minimum-area-of-fifteen uO' �e .thousand(15,000)square-feet:The applicant must demonstrate that there are a mix of lot sizes 5J Supp.No.5 1200.6 ZONING § 20-506 consistent with local terrain conditions,preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently ap- proved with the PUD. The applicant must demonstrate that each lot is able to accommodate a sixty-foot by forty-foot building pad and a twelve-foot by twelve-foot deck without intruding into any required setback area or protective easement.Each home must also have a minimum rear yard, thirty(30) feet deep. This area may not be encumbered by the required home/deck pads or by wetland/drainage easements.It may include areas with steep terrain or tree cover. (c) Minimum lot width at building setback: Nin- (90) feet ee'(e(d) Minimum lot depth: One hundred-a-0.0) fee-- (e) ) Minimum setbacks: (1) PUD exterior: Thirty (30) feet*. (2) Front yard: Thirty (30) feet. (3) Rear yard: Thirty (30) feet. (4) Side yard: Ten (10) feet. * The thirty-foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of twenty (20) feet shall be maintained. Accessory buildings and structures—located adjacent to or behind principal structure a minimum of ten (10) feet from property line. (f) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands,wetlands,ponds,and scenic views.These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required.The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas these shall require a mix of over- story trees and other plantings consistent with the site. A minimum of over-story trees must be provided in each front yard. Well designed entrance monument is required. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double-fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double-fronted lots. Where necessary to ac- commodate this landscaping, additional lot depth may be required. (3) Rear yard. The rear yard shall contain at least two over-story trees. Preservation of existing trees having a diameter of at least six(6)inches at four (4) feet in height can Supp.No. 5 1200.7 § 20-506 CHANHASSEN CITY CODE be used to satisfy this requirement of the PUD and the plans should be developed to maximize tree preservation. (h) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility,a set of architectural standards should be prepared for city approval.The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against free standing garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, § 1, 11-23-92) Sec. 20.507. Controls during construction and following completion. (a) The use of the land, 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 final development plan for a PUD except: (1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the city planner if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the bulk of any building structure by more that 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 final development plan is approved. (3) Changes in uses, any 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 after a public hearing conducted by the planning commission and upon final approval by the city council. Any changes shall be re- corded as amendments to the final development plan. (c) Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing Supp.No. 5 1200.8 ZONING § 20-508 procedure for such amendment shall be the same as for approval of the original PUD.A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units by more than five (5) percent; (3) Increases the gross floor area of nonresidential buildings by more than five(5)percent or increases the gross floor area of any individual building by more than ten (10) percent; (4) Deceases the amount of open space by more than five (5) percent or alters it in such a way as to change its original design or intended use; or (5) Creates noncompliance with any special condition attached to the approval of the master development plan. (Ord. No. 149, § 1, 6-24-91) Sec. 20.508. Standards and guidelines for single-family attached or cluster-home PUDs. (a) Generally. Single-family attached, cluster, zero lot line, and similar dwelling types shall only be allowed on sites designed for medium or high density residential uses by the City of Chanhassen Comprehensive Plan. ff -(� 11 b 1 O f-it\,f�\c_t itis t_ `_I ' `�(��l/E.v-r (b) Minimum lot sizes. 1141 09)-square-feet-may --'may b , in no case will Os density exceed guidelines established by the City of Chanhassen Comprehensive Plan. RE+ (c) Setback standards/structures and parking: (1) PUD exterior: Fifty (50) feet. (2) Interior public right-of-way: Thirty (30) feet*. (3) Other setbacks: Established by PUD agreement. * The thirty-foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of twenty (20) feet shall be maintained. (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands,wetlands,ponds,and scenic views.These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (e) Landscaping plan.An overall landscaping plan is required.The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas these shall require a mix of over- story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and more intensive land Supp. No. 5 1200.9 § 20-508 CHANHASSEN CITY CODE uses. Well designed entrance monument is required. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double-fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double-fronted lots. Where necessary to ac- commodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (fl Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials.While this requirement is not intended to minimize design flexibility,a set of architectural standards should be prepared for city approval.The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against free standing garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, § 2, 11-23-92) Secs. 20-509-20-515. Reserved. DIVISION 2. PROCEDURES Sec. 20-516. Preapplication conference. Prior to filing an application for PUD, the applicant shall attend a conference with the city. The primary purpose of the conference shall be to provide the applicant with an oppor• Supp. No. 5 1200.10 ZONING § 20-517 tunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this article before incurring substantial expense. (Ord. No. 80,Art. V, § 18(5-18-6(1)), 12-15-86) Sec. 20.517. General concept plan. (a) The general concept plan for a PUD provides an opportunity for the applicant to submit a plan to the city showing the basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following: (1) Overall gross and net density. (2) Identification of each lot size and lot width. (3) General location of major streets and pedestrian ways. (4) General location and extent of public and common open space. (5) General location and type of land uses and intensities of development. (6) Staging and time schedule for development. (b) The tentative written consent of all property owners within the proposed PUD shall be filed with the city before the staff commences review.Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. (c) The final acceptance of land uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan,together with all supporting data. (3) The planning commission shall conduct a hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official news- paper at least ten (10) days prior to the hearing, written notification of the hearing shall be mailed at least ten (10) days prior thereto to owners of land within five hundred (500) feet of the boundary of the property and an on-site notification sign erected. (4) Following the receipt of the report and recommendations from the planning commis- sion the city council shall consider the proposal. If the planning commission fails to make a report within sixty (60) days after receipt of the application, then the city council may proceed without the report. The council may approve the concept plan and attach such conditions as it deems reasonable.Approval shall require a four-fifths vote of the entire council. (Ord. No. 80, Art. V, § 18(5-18-6(2)), 12-15-86) Supp. No. 6 1201 § 20-518 CHANHASSEN CITY CODE Sec. 20-518. Development stage. (a) Following general concept approval of a PUD, the applicant shall submit the devel- opment stage application, preliminary plat and fee. If appropriate because of the limited scale of the proposal, the concept stage and preliminary plan stages may proceed simultaneously. The applicant shall file the development plans and preliminary plat, together with all sup- porting data. (b) With the appropriate notifications,the planning commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations 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 18. (2) An approved development plan drawn to a scale of not less than one (1) inch equals one hundred (100) feet containing at least the following information: a. Proposed name of the 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,loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. e. The location, designation and total area proposed to be conveyed or dedicated for private and public open space, including parks, playgrounds, school sites and recreational facilities. f. The location, use and size of structures and other land uses located 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 geology, slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff settling areas, and flood plains must be identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. h. A proposed landscaping plan, including location of existing plants, identification of species, caliper size and acreage. i. The location, type and size of all graphics and signage. j. Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept plan. (3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. Supp. No. 6 1202 ZONING § 20-552 (4) A tabulation indicating the number of residential dwelling units and expected pop- ulation. (5) A tabulation indicating the gross square footage, if any,of commercial and industrial floor space by type of activity. (6) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes. (7) Preliminary grading and site alteration plan illustrating changes to 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 au- thority clearly illustrating erosion control measures to be used during construction and as permanent measures. (9) Protective covenants 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 operational factors. (Ord. No. 80, Art. V, § 18(5-18-6(3)), 12-15-86) Sec. 20-519. Final stage. Following preliminary plat approval,the applicant for 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 final approval and rezoning to PUD. (Ord. No. 80, Art. V, § 18(5-18-6(4)), 12-15-86) Secs. 20-520-20-550. Reserved. ARTICLE IX. "A-1" AGRICULTURAL PRESERVATION DISTRICT Sec. 20-551. Intent. The intent of the"A-1"District is preservation of agricultural lands and allowing single- family residential development with forty-acre minimum lot sizes to preserve rural character in large areas of the community. (Ord. No. 80, Art. V, § 2(5-2-1), 12-15-86) Sec. 20-552. Permitted uses. The following uses are permitted in an "A-1" District: (1) Agriculture. Supp. No.6 1203 ZONING § 20.572 (4) The maximum lot coverage is three (3) percent. (5) The setbacks are as follows: a. For front yards, one hundred (100) feet. b. For rear yards, one hundred (100) feet. c. For side yards, fifty (50) feet. (6) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, three (3) stories/forty (40) feet. (Ord. No. 80, Art. V, § 2(5-2-5), 12-15-86) Sec. 20.556. Agricultural preservation lands. Properties designated under agricultural preserve status as provided for by Minnesota Statutes chapter 473, shall be zoned A-1 Agricultural Preserves until such designation is requested by the landowner to be removed. No application fee is required for rezoning the property from A-1 to another district. (Ord. No. 80, Art. V, § 2(5-2-6), 12-15-86) Sec. 20-557. Interim uses. The following are interim uses in the "A-1" District: (1) Mobile homes (compliance with section 20-905 is not required). (2) Bed and breakfast establishments. (Ord. No. 120, § 3, 2-12-90) Secs. 20-558-20-570. Reserved. ARTICLE X. "A-2" AGRICULTURAL ESTATE DISTRICT Sec. 20-571. Intent. The intent of the"A-2" District is preservation of rural character while respecting devel- opment patterns by allowing single-family residential development. (Ord. No. 80, Art. V, § 3(5-3-1), 12-15-86) Sec. 20.572. Permitted uses. The following uses are permitted in an "A-2" District: (1) Agriculture. (2) Public and private parks and open space. (3) Single-family dwellings. Supp.No.6 1205 § 20-572 CHANHASSEN CITY CODE (4) State-licensed day care center for twelve (12) or fewer children. (5) Utility services. (6) State-licensed group home for six (6) or fewer persons. (7) Temporary real estate office and model home. (8) Arboretums. (Ord. No. 80, Art. V, § 3(5-3-2), 12-15-86) Sec. 20-573. Permittedaccessory uses. The following are permitted accessory uses in an "A-2" District: (1) Accessory agricultural building. (2) Garage. (3) Private stables. (4) Swimming pool. (5) Tennis court. (6) Signs. (7) Home occupations. (8) One (1) dock. (9) Roadside stand. (10) Private kennel. (Ord. No. 80, Art. V, § 3(5-3-3), 12-15-86) Sec. 20-574. Conditional uses. The following are conditional uses in an "A-2" District: (1) Reserved. (2) Reserved. (3) Reserved. (4) Cemetery. (5) Reserved. (6) Reserved. (7) Commercial communication transmission towers. (8) Reserved. (9) Electrical substation. Supp.No. 6 1206 ZONING § 20-576 (10) Reserved. (11) Churches. (12) Recreational beachlots. `'l ` f r L1 (13) Group homes for seven (7) to sixteen (16) persons. / `l (.,(�1 (Ord.No. 80,Art.V, §3(5-3-4), 12-15-86;Ord.No. 80-E, § 1, 11-16-87;Ord.No. 96, § 1, 9-26-88; Ord. No. 103, § 1, 5-22-89; Ord. No. 120, § 4(2), 2-12-90) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-575. Lot requirements and setbacks. The following minimum requirements shall be observed in an "A-2" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (1) The minimum lot area is two and one-half(21/2) acres, subject to section 20-906. (2) The minimum lot frontage is two hundred (200) feet, except that the minimum lot frontage of lots fronting on a cul-de-sac shall be at least two hundred(200)feet at the building setback line. (3) The minimum lot depth is two hundred (200) feet, except that lots fronting on a cul-de-sac shall be at least two hundred (200) feet at the building setback line. (4) The maximum lot coverage is twenty (20) percent. (5) The minimum setbacks are as follows: a. For front yards, fifty (50) feet. b. For rear yards, fifty (50) feet. c. For side yards, ten (10) feet. (6) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. b. For accessory structures, three (3) stories/forty (40) feet. (7) The minimum driveway separation is as follows: a. If the driveway is on a collector street, four hundred (400) feet. b. If the driveway is on an arterial street, one thousand two hundred fifty (1,250) feet. (Ord.No.80,Art.V,§3(5-3-5), 12-15-86;Ord. No. 170, § 1, 7-23-92;Ord.No. 194, § 1, 10-11-93) Sec. 20.576. Interim uses. The following are interim uses in the "A-2" District: (1) Churches. R( . . C+ (it Q (2) Mineral extraction. (3) Reserved. Supp. No. 6 1207 ZONING § 20-613 Sec. 20-596. Interim uses. The following are interim uses in the "RR" District: (1) Commercial kennels and stables. (Ord. No. 120, § 3, 2-12-90) Editor's note—Inasmuch as there exists a § 20-595, the provisions added by § 3 of Ord. No. 120 as § 20-595 have been redesignated as § 20-596. Secs. 20-597-20-610. Reserved. PARTICLE XII. "RSF" SINGLE-FAMILY RESIDENTIAL DISTRICT Sec. 20-611. Intent. The intent of the "RSF" District is to provide for single-family residential subdivisions. (Ord. No. 80, Art. V, § 5(5-5-1), 12-15-86) Sec. 20-612. Permitted uses. The following uses are permitted in an "RSF" District: (1) Single-family dwellings. (2) Public and private open space. (3) State-licensed day care center for twelve (12)or fewer children. (4) State-licensed group home serving six(6)or fewer persons. (5) Utility services. (6) Temporary real estate office and model home. (Ord. No. 80, Art. V, § 5(5-5-2), 12-15-86) Sec. 20-613. Permitted accessory uses. The following are permitted accessory uses in an "RSF" District: (1) Garage. (2) Storage building. . i3) Swimming pool. (4) Tennis court. (5) Signs. • (6) Home occupations. Supp.No.3 1209 § 20-613 CHANHASSEN CITY CODE (7) One(1)dock. (8) Private kennel. (Ord. No. 80, Art. V, § 5(5-5-3), 12-15-86) • Sec. 20-614. Conditional uses. The following are conditional uses in an "RSF" District: (1) Churches. (2) Reserved. (3) Recreational beach lots. (Ord. No. 80, Art. V, § 5(5-5-4), 12-15-86; Ord. No. 120, § 4(4), 2-12-90) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20.615. Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is fifteen thousand (15,000) square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the"neck"has been excluded from consideration. (2) The minimum lot frontage is ninety(90)feet, except that lots fronting on a cul-de-sac "bubble" or along the outside curve of curvilinear street sections shall be ninety (90) feet in width at the building setback line. The location of this lot is conceptually illustrated below. Lots Where Frontage Is Measured At Setback Line rte:•;Of;_� ' • ,•• ••,• 1 ,•,•• • • • • s.• • • • • • •• , •• � • Supp.No.3 1210 ZONING § 20-615 (3) The minimum lot depth is one hundred twenty-five (125) feet. The location of these lots is conceptually illustrated below.Lot width on neck or flag lots and lots accessed by private driveways shall be one hundred(100)feet as measured at the front building setback line. . Sleek / Flap Lots • From Lot Lino —I 1 1 1 1 1 1 1OOLot Width 1 1 1 . t Gat OWNI 1 I 1 L _ L__._LEI =J (4) The maximum lot coverage for all structures and paved surfaces is twenty-five (25) percent. (5) The setbacks are as follows: a. For front yards, thirty (30) feet. b. For rear yards, thirty (30) feet. c. For side yards, ten (10) feet. (6) The setbacks for lots served by private driveways and/or flag or neck lots, are as follows: a. For front yard, thirty (30) feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a one-hundred-foot min- imum width. b. For rear yards, thirty (30) feet. f c. For side yards, twenty-(26)-feet— -9(\ C 10)1' ' l-- (7) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40) feet. Supp.No.3 1210.1 § 20-615 CHANHASSEN CITY CODE b. For accessory structures, twenty (20) feet. (Ord. No. 80,Art.V, § 5(5-5-5), 1245-86; Ord. No. 90, § 1, 3-14-88; Ord. No. 127, § 3, 3-26-90; Ord. No. 145, § 2, 4-8-91) Editor's note—Section 2 of Ord. No. 145 purported to amend § 20-615(6)b. pertaining to accessory structures; such provision were contained in § 20-615(7)b., subsequent to amend- ment of the section by Ord. No. 127. Hence,the provisions of Ord. No. 145, § 2,were included as amending § 20-615(7)b. Sec. 20-616. Interim uses. . The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five (5) acres. (Ord. No. 120, § 3, 2-12-90) Secs. 20-617-20-630. Reserved. • • Supp.No.3 1210.2 ZONING § 20-634 ARTICLE XIII. "R-4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20-631. Intent. The intent of the "R-4" District is to provide for single-family and attached residential development at a maximum net density of four(4)dwelling units per acre. (Ord. No. 80, Art. V, § 6(5-6-1), 12.15-86) Sec. 20.632. Permitted uses. The following uses are permitted in an "R-4" District: (1) Single-family dwellings. (2) Two-family dwellings. (3) Public and private parks and open space. (4) Group home serving six (6) or fewer persons. - (5) State-licensed day care center for twelve (12) or fewer children. (6) Utility services. (7) Temporary real estate office and model home. (Ord. No. 80, Art. V, § 6(5-6-2), 12-15-86) Sec. 20-633. Permitted accessory uses. The following are permitted accessory uses in an "R-4" District: (1) Garage. (2) Storage buildings. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One(1)dock. (Ord. No. 80, Art. V, § 6(5-6-3), 12-15-86) Sec. 20-634. Conditional uses. The following are conditional uses in an "R-4" District: (1) Churches. (2) Reserved. Supp. No. 2 1211 § 20-634 CHANHASSEN CITY CODE (3) Reserved. (4) Private kennel. (Ord. No. 80, Art. V, § 6(5-6-4), 12.15-86; Ord. No. 120, § 4(5), 2.12-90) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-635. Lot requirements and setbacks. The following minimum requirements shall be observed in an "R-4" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. For a detached single-family dwelling unit,fifteen thousand(15,000)square feet per unit. b. For a two-family dwelling, ten thousand (10,000)square feet per dwelling unit. (2) The minimum lot frontage is as follows: a. For a single-family dwelling, eighty(80)feet. b. For a two-family dwelling, fifty (50)feet per dwelling unit. c. If the lot fronts on a cul-de-sac the width of the lot at the building setback lines shall be: 1. In the case of a single-family dwelling,eighty(80)feet. 2. In the case of a two-family dwelling,fifty(50)feet. (3) The minimum lot depth is one hundred twenty-five(125)feet. (4) The maximum lot coverage for all structures and paved surfaces is thirty(30)percent. (5) The setbacks are as follows: a. For front yards, thirty(30)feet. b. For rear yards,thirty(30)feet. c. For side yards,ten(10)feet. (6) The maximum height is as follows: a. For the principal structure,three (3)stories/forty(40)feet. b. For accessory structures,one(1)story/fifteen(15)feet. (Ord. No. 80, Art. V, § 6(5-6-5), 12-15-86; Ord. No. 90, § 2, 3-14-88) Sec. 20-636. Reserved. Sec. 20-637. Interim 'ises. The following are interim uses in the "R-4" District: (1) Boarding houses. (2) Private kennels. (Ord. No. 120, § 3, 2.12.90) Supp. No. 2 1212 ZONING § 20-654 Secs. 20-638-20-650. Reserved. ARTICLE XIV. "R-8" MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 20-651. Intent. • Ce 1 aChltd 0 r The intent of the R-8 District is to provide for single-family'ttached residential develop- 7 ment at a maximum net density of eight(8)dwelling units per acre. (Ord. No. 80, Art. V, § 7(5-7-1), 12-15-86) Sec. 20-652. Permitted uses. The following-uses are permitted in an "R-8" District: sinrte 4 Gni , IL, (1)VTownhouses, two family and multi-family dwellings. (21 Public and private parks and open spaces. (3) Utility services. (4) Temporary real estate office and model home. (Ord. No. 80, Art. V, § 7(5-7-2), 12-15-86) Sec. 20-653. Permitted accessory uses. The following are permitted accessory uses in an "R-8" District: (11 Garage. (2) Storage building. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One (1)dock. (Ord. No. 80, Art. V, § 7(5-7-3), 12-15-86) Sec. 20-654. Conditional uses. The following are conditional uses in an "R-8" District: (1) Day care center. (2) Group home serving from.seven(7)to sixteen (16)persons. (3) Boarding houses. Supp. No. 2 1213 • § 20-654 CHANHASSEN CITY CODE (4) Churches. (5) Recreational beach lots. (Ord. No. 80, Art. V, § 7(5-7-4), 12-15-86) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-655. Lot requirements and setbacks. The following minimum requirements shall be observed in an "R-8" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: }y = 6•�� /� a Foi- SG d�{ach- 6,23D 1V t✓? _ cf�n ( b For a two-family dwelling, seven thousand five hundred (7,500) square feet per dwelling unit. cf. For a townhouse or multi-family dwelling, five thousand five hundred (5,500) square feet per dwelling unit. (2) The minimum lot frontage is fifty(50)feet per dwelling unit except that in the case of a lot that fronts on a cul-de-sac, the width of the lot at the building setback line shall be as follows: S F cl�-fc�Cn Pry }, 4. If a two-family dwelling is located on the lot,fifty (50)feet per dwelling unit. C S. If a townhouse or multiple-family project is located on the lot, one hundred fifty. (150(feet. (3) The minimum lot depth is one hundr,d fifty(1&0)feet. ibC I�,,njrnLU(r\ Ic&; 4ü �F (4 1 The maximum lot coverage is thirty-five(35)percent. (51 The setbacks are as follows: a. For front yards, twenty-five(25)feet. b. For rear yards,twenty-five(25)feet. c. For side yards, ten(10)feet) SF cf-1-ach t mo; be 7-14-eci cn °nt✓ �,� ;,.r - �►ne (6) The maximum height is as follows: a. For the principal structure,three(3)stories/forty(40)feet. b. For accessory structures, one(1)story/fifteen(15)feet. rd. No. 80, Art. V, § 7(5-7-5), 12-15-86) Secs. 20-656-20-670. Reserved. C . ro r Sr c{doth 2 -ID( : �� Supp. No. 2 1214 § 20-683 CHANHASSEN CITY CODE (5) Temporary real estate office and model home. (6) Churches. (Ord. No. 123, § 1, 3.12-90) Sec. 20-684. Lot requirements and setbacks. The following minimum requirements shall be observed in an R-16 District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a. Two thousand seven hundred (2,700) square feet per dwelling unit. (2) The maximum lot coverage is fifty (50) percent. (3) The building setbacks are as follows: a. For front yards, fifty (50) feet. • b. For rear yards, fifty (50)feet. c. For side yards, fifty (50)feet. (4) Parking setbacks shall be twenty-five (25)feet from all property lines. (5) The maximum height is as follows: a. For the principal structure, three (3) stories/forty (40)feet. b. For accessory structures, one (1) story/fifteen (15)feet. (Ord. No. 123, § 1, 3-12-90) Secs. 20-685-20-690. Reserved. ARTICLE XVI. "BN" NEIGHBORHOOD BUSINESS DISTRICT Sec. 20-691. Intent. The intent of the"BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. (Ord. No. 80, Art. V, § 10(5-10-1), 12-15-86) Sec. 20-692. Permitted uses. The following uses are permitted in a"BN" District: (1) Convenience stores without gas pumps. (2) Neighborhood oriented retail shops. (3) Self-service laundries. (4) Dry cleaning and laundry pick-up stations. (5) Day care center. Supp. No. 2 1218 ZONING § 20-695 (6) Personal service establishments. (7) Professional offices. (8) Small appliance and shoe repair shops. (9) Health services. (10) Veterinary clinics. (11) Utility services. r (12) Shopping center. (13) Private clubs and lodges. (14) Community center. (Ord. No. 80, Art. V, § 10(5-10-2), 12-15-86) Sec. 20-693. Permitted accessory uses. The following are permitted accessory uses in a "BN" District: (1) Parking lots. (2) Car wash (when accessory to automotive service-station). ?I X1'1 ( A L (3) Signs. — Cf !VI(' • �.� r(_��=' (Ord. No. 80, Art. V, § 10(5-10-3), 12-15-86) J copy ( C nL ( r i J)-;,{( . Sec. 20-694. Conditional uses. 1 ( r r The following are conditional uses in a "BN" District: (1) Convenience store with gas pumps. (2) Reserved. (3) Drive-in banks including automated kiosks. (4) Reserved. (5) Standard restaurants. (6) Bed and breakfast establishments. / (Ord. No. 80, Art. V, § 10(5-10-4), 12-15-86; Ord. No. 116, § 5, 1-22-90; Ord. No. 120, § 4(7), 2-12-90) State law reference—Conditional uses,M.S. § 462.3595. Sec. 20-695. Lot requirements and setbacks. The following minimum requirements shall_be observed in a "BN" District subject to additional requirements,exceptions and modifications set forth in this chapter: (1) The minimum district area is three (3) acres. This paragraph may be waived in the case of expansion to an existing district. (2) The minimum lot area is fifteen thousand(15,000)square feet. Supp.No.3 1219 § 20.695 CHANHASSEN CITY CODE (3) The minimum lot frontage is seventy-five t75) feet, except that lots fronting on a cu]-de-sac shall have a minimum frontage of sixty (60) feet in all districts. (4) The minimum lot depth is one hundred fifty (150)feet. (5) The maximum lot coverage including all structures and paved surfaces is sixty-five (65) percent. (6) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20-1191 and 20-1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts,without being separated by a street, another off-street parking area. c. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is twenty-five (25)feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five(5)feet above the adjacent • parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, one (1) story. b. For accessory structures, one (1)story. (8) Minimum setback requirements: a. For front yards, thirty-five (35)feet. b. For rear yards, thirty (30)feet. c For side yards, fifteen (15)feet. d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fifty-foot buffer yard is to be provided where the interface occurs along a public street, a one-hundred-foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard'is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to pro- Supp. No.3 ro-Supp. No.3 1220 ZONING § 20-712 vide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential.To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however,such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering sat- isfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V, § 10(5-10-5), 12-15-86; Ord. No. 94, §§ 1, 2, 7-25-88; Ord. No. 136, §§ 1A, 1B, 1-28-91) Sec. 20-696. Interim uses. The following are interim uses in the "BN" District: (1) Churches. (2) Temporary outdoor display of merchandise for sale. (Ord. No. 120, § 3, 2-12-90) Secs. 20-697-20-710. Reserved. ARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-711. Intent. The intent of the "BH" District is to provide for highway oriented commercial develop- ment restricted to a low building profile. (Ord. No. 80, Art. V, § 11(5-11-1), 12-15-86) Sec. 20-712. Permitted uses. The following uses are permitted in a "BH" District: (1) Financial institutions. (2) Fast food restaurant. (3) Reserved. (4) Standard restaurants. Supp. No. 5 1221 § 20.795 CHANHASSEN CITY CODE (4) The maximum lot coverage is sixty-five(65)percent. (5) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20-1191 and 20-1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts,without being separated by a street, another off-street parking area. c. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is twenty-five(25)feet for side street side yards. (6) The maximum height is as follows: a. For the principal structure, two(2)stores. b. For accessory structures, one(1)story. (7) Minimum setback requirements: a. For front yards, thirty-five(35)feet. b. For rear yards, thirty (30)feet. c. For side yards, fifteen (15)feet. d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. (Ord. No. 80, Art. V, § 15(5-15-5), 12-15-86; Ord. No. 94, §§ 1, 6, 7-25-88) Secs. 20-796-20-810. Reserved. ARTICLE XXII. "IOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20-811. Intent. The intent of the "IOP" District is to provide an area identified for large scale light industrial and commercial planned development. (Ord. No. 80, Art. V, § 16(5-16-1), 12-15-86) Sec. 20-812. Permitted uses. The following uses are permitted in an "IOP" District: (1) Offices. (2) Warehouses. (3) Light manufacturing. (4) Trade-smpps. \k)(Pr(- 01\\ct< c /10(4 (5) Health services. Supp. No. 2 1230.2 ZONING § 20-814 (6) Printers. (7) Indoor health and recreation clubs. (8) Body shops. (9) Utility services. (10) Recording studios. (11) Off-premises parking lots. (12) Conference/convention centers. (Ord. No. 80, Art. V, § 16(5-16-2), 12.15-86) Sec. 20-813. Permitted accessory uses. The following are permitted accessory uses in an "IOP" District: (1) Parking lots and ramps. (2) Signs. (3) Retail sales of products stored or manufactured on the site provided no more than twenty (20)percent of the floor space is used for retail sales. (4) State-licensed day care center. (Ord. No. 80, Art. V, § 16(5-16-3), 12-15-86; Ord. No. 93, § 1, 7-25-88) Sec. 20-814. Conditional uses. The following are conditional uses in an "IOP" District: (1) Reserved. (2) Communication transmission towers. (3) Public buildings. (4) Motoi freight terminals. (5) Outdoor health and recreation clubs. (6) Screened outdoor storage. (7) Research laboratories. (8) Contracting yards. • (9) Lumber yards. (10) Home improvement trades. (11) Hotels and motels. (12) Food processing. Supp.No.3 1230.3 § 20-814 CHANHASSEN CITY CODE (13) State-licensed day care centers as a separate facility. (14) State-licensed day care centers as part of a multitenant building. (Ord. No. 80, Art. V, § 16(5-16-4), 12-15-86; Ord. No: 97, § 1, 10-24-88; Ord. No. 120, § 4(12), 2-12-90) State law reverence—Conditional uses, M.S. § 462.3595. Sec. 20-815. Lot requirements and setbacks. • The following minimum requirements shall be observed in an "IOP" District subject to additional requirements, exceptions and modifications set forth in this chapter: - (1) The minimum lot area is one(1)acre. (2) The minimum lot frontage is one hundred fifty (150)feet,except that lots fronting on a cul-de-sac shall have a minimum frontage of sixty(60)feet. (3) The minimum lot depth is two hundred(200)feet: (4) The maximum lot coverage is seventy(70)percent. (5) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in sections 20-1191 and 20-1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts,without being separated by a street, another off-street parking area. c. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is twenty-five(25)feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten (10) feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five(5)feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (6) The maximum height is as follows: - a. For the principal structure,four(4)stories/fifty(50)feet. • b. For accessory structures,one(1)story. (7) Minimum setback requirements: a. For front yards,thirty(30)feet. b. For rear yards,ten(10)feet. c. For side yards,ten(10)feet. _ d. The minimum setback is fifty (50) feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. Supp.No.3 1230.4 ZONING § 20-900 e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses. In these areas, a fifty-foot buffer yard is to be provided where the interface occurs along a public street, a one-hundred-foot buffer yard is required where the interface occurs on internal lot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full,obligation to pro- vide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential.To the extent deemed feasible by the city,new plantings shall be designed to require the minimum of maintenance,however,such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering sat- isfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80, Art. V, § 16(5-16-5), 12.15-86; Ord. No. 94, §§ 1, 7, 7-25-88; Ord. No. 136, §§ 1A, 1B, 1-28-91) Sec. 20-816. Interim uses. The following are interim uses in the "IOP" District: (1) Churches. (2) Concrete mixing plants. - (Ord. No. 120, § 3, 2-12-90) . Secs. 20-817-20-900. Reserved. Supp.No.3 1230.5 § 20-901 CHANHASSEN CITY CODE ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 1. GENERALLY Sec. 20-901. Overhead transmission lines. Installation of overhead transmission lines in excess of sixty-nine (69) kilovolts shall require the issuance of a conditional use permit through any district located in the city. The city council, in addition to the standards established in article IV, may also impose other conditions as deemed necessary to protect the public health, safety and welfare. (Ord. No. 80, Art. VI, § 2, 12-15-86) Sec. 20-902. Multiple principal buildings on same lot. In any single-family detached residential district not more than one(1)principal building shall be permitted to be erected on a single building lot. Groupings of buildings in other districts may only be permitted by conditional use permit. (Ord. No. 80, Art. VI, § 3, 12-15-86) Sec. 20.903. Zoning lots. (a) The designation of a zoning lot shall be approved by the city planner if it complies with the lot requirements of the district in which it is located and has a single tax identification number. (b) Interior lot lines within a zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. (c) After designation of a zoning lot the lot may not be subdivided without complying with the city's subdivision regulations. (Ord. No. 129, § 2, 6-4-90) Sec. 20.904. Accessory structures. (a) A detached accessory structure,except a dock,shall be located in the buildable lot area or required rear yard.No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (1) In the RSF and R-4 Districts accessory structures shall not exceed one thousand (1,000) square feet. These structures may encroach into the rear setback as follows: a. Less than one hundred forty (140) square feet, minimum rear setback is five (5) feet. b. One hundred forty-one(141)to three hundred ninety-nine(399)square feet,min- imum rear setback is ten (10) feet. c. Four hundred (400) square feet and above, minimum rear setback is thirty (30) feet. Supp.No.3 1230.6 ZONING § 20-905 (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than thirty(30)percent of the yard in which it is built. (3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten (10) feet, [but) however, must comply with applicable ordinary high water mark setbacks. (b) A detached accessory structure may occupy not more than thirty (30) percent of the area of any rear yard. (c) For parcels with less than three(3)acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed, or commenced prior to the erection, construction,or commencement of the principal permitted structure or use,but may be erected or commenced simultaneously. If the principal structure or use is subsequently removed, destroyed, or discontinued, the accessory structure or use must be removed or discontinued within twelve (12) months. (Ord. No. 80, Art. VI, § 5, 12-15-86; Ord. No. 145, § 1, 4-8-91; Ord. No. 215, § 1, 8-8-94) Sec. 20-905. Single-family dwellings. All single-family detached homes shall: (1) Be constructed upon a continuous perimeter foundation that meets the requirements of the state building code. (2) Conform to the following standards for living areas: h(1)1,Er f I a. If a one-story rambler design, have an area of nine hundred sixty (960) square feet. b. If a split level design, have an area of one thousand fifty 119_511) square feet. / c. If a split foyer and two-story design,have an area of six hundred(600)square feet on the first floor,fus a two-car garage must be attached to th se ni gle-family structure. d (3) Have an earth covered,composition,shingled or tiled roof or other materials approved by the Uniform Building Code as adopted and amended by the city. (4) Receive a building permit. The application for a building permit in addition to other information required shall indicate the height, size, design and the appearance of all elevations of the proposed building and a description of the construction materials proposed to be used. (5) Meet the requirements of the Uniform Building Code as adopted and amended by the city or the applicable manufactured housing code. (Ord. No. 80, Art. VI, § 6, 12-15-86) Cross reference—Technical codes, § 7-16 et seq. Supp. No. 7 1231 il CITY OF 0 cHILNHAssEN y....:..._, . ,„ C„.....,,........„ .,:„.,...„ 4 .,_,,, ti, .,_ i_ .... , 690 COULTER DRIVE • P:O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORAN NUM TO: Inspections, Planning, & Engineering Staff FROM: Steve A. Kirchman, Building Official 6_ DATE: January 29, 1993 SUBJ: Dwelling Type Designation We have been requesting on site plan reviews that the developer designate the type of dwelling that is acceptable on each proposed lot in a new development. I thought perhaps it might be helpful to staff to explain and diagram these designations and the reasoning behind the requirements. - FLO or RLO Designates Front Lookout or Reai-Lookout This includes dwellings with the basement floor level approximately 8'belowgrade at its-deepest wch the surrounding grade sloping down to approximately 4' above the basement floor level. - R Designates Rambkr. This includes dwellings with the basement floor level approximately 8'below grade with the surrounding grade approximately level. This would include two story's and many 4 level dwellings. SE Designates Split Entry. Thisincludesdwellings with the basement floor level approximately 4'below grade with the surrounding grade approximately level. SEWO Designates Split Entry Walk Out. This includes dwellings with the basement floor level approximately 4' below grade at its deepest with the surrounding grade sloping down to lowest floor level. TU Designates Tuck Under. This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the front of the WO -.�1pesignates Walk Out This includes dwellings with the basement floor level approximately 8'below grade at its deepest with the surrounding grade sloping.down to the lowest floor level in ttwe. r of the dwelling. SER SEWO WO F p\ -41 r or FILO • Inspections staff uses these designations when reviewing plans which are then passed to the engineering staff for further review. Approved grading plans are compared to proposed building plans to insure compliance to approved conditions. The same designation must be used on all documents in order to avoid confusion and incorrect plan reviews. n del* PRINTED ON RECYCLED PAPER § 20-906 CHANHASSEN CITY CODE Sec. 20-906. Alternate lot size requirements in A-1 and A.-2 Residential Zoning Dis- -:7!E? tricts. /I Minimum lot size requirements in the- and Residential Zoning Districts located outside of the Metropolitan Council's Urban Service Area shall be regulated by Article IX and Article X of this chapter, respectively, or in the alternative may be fifteen thousand (15,000) square feet if the following conditions are met: (1) A one-unit per ten-acre density is maintained. (2) All lots must have soil and water conditions which permit a well. (3) All lots must have conditions which will permit two(2)on-site sewer systems installed in conformance with chapter 19, article IV. (4) The one-unit per ten-acre density applies to contiguous property under single owner- ship. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Transfer of develop- ment rights from one parcel of land to another is not allowed, except as permitted in paragraph (7) below. (5) Once a building eligibility has been used for a property,a development contract must be recorded with the county establishing the number of building eligibilities re- maining or documenting that no building eligibility remains. Transfer of develop- ment rights from one parcel of land to another is not allowed. (6) Each site must have an area which can support two(2)septic system sites, on a slope of less than twenty-five (25) percent. (7) Parcels which do not have public street frontage and are landlocked may transfer building eligibilities to an adjacent parcel which does have public street frontage and meets other provisions of this section. (Ord. No. 80, Art. VI, § 7, 12-15-86; Ord. No. 170, § 3, 6-8-92; Ord. No. 194, § 3, 10-11-93) Sec. 20-907. Height regulations. (a) Where the average slope of a lot is greater than one(1)foot rise or fall in seven(7)feet of horizontal distance from the established street elevation at the property line, one (1) story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building. (b) The height limitations stipulated elsewhere in this chapter shall not apply to the following: (1) Barns, silos or other farm buildings or structures on farms; church spires, belfries, cupolas and domes,monuments,water towers,fire and hose towers,observation towers, chimneys, smoke stacks, flag poles, masts and aerials; communication transmission towers; parapet walls extending not more than four (4) feet above the limiting height of the building. Supp. No. 7 1232 § 20-959 CHANHASSEN CITY CODE Sec. 20.959. Explosives. Any use requiring the storage, use or manufacturing of products which could decompose by detonation shall be located not less than four hundred (400) feet from any R District line provided that this section shall not apply to the storage or use of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. No. 80, Art. VI, 1(6-1-9), 12-15-86) Sec. 20-960. Surface water management. All development shall comply with the city's surface water management plan dated Feb- ruary 1994, which is incorporated herein by this reference. (Ord. No. 227, § 1, 10-24-94) Secs. 20-961-20-975. Reserved. DIVISION 3. HOME OCCUPATIONS Sec. 20.976. Compliance. A home occupation may be established and conducted only in accordance with this divi- sion. (Ord. No. 80, Art. VI, § 8, 12-15-86) Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and sub- ordinate to its residential use. Not more than twenty-five (25) percent of the floor area of one (1) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. (Ord. No. 80, Art. VI, § 8(6-8-1), 12-15-86) Sec. 20.978. Occupations permitted. The following home occupations are permitted: (1) Professional services such as architects,engineers,attorneys,office,real estate agents, insurance agents, and computer programmers, secretarial services, and manufactur- er's representatives. (2) Dressmaking, sewing, and tailoring. (3) Painting, sculpturing or writing. (4) Home crafts such as model making, rug weaving, lapidary work, pottery and cabinet making. Supp. No. 7 1238 ZONING § 20-979 (5) Tutoring services (e.g. piano teacher). • (Ord. No. 80, Art. VI, § 8(6-8-2), 12-15-86) . /r \` r � • e04'IA( (A r 1,ju Sec. 20-979. Outside appearance. It µ \O h(kSCC1 ' The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. (Ord. No. 80, Art. VI, § 8(6-8-3), 12-15-86) Supp. No. 7 1238.1 § 20-1001 CHANHASSEN CITY CODE (4) Animals being kept as part of the Minnesota Zoological Garden's or St. Paul Como Zoo's docent programs are in allowed use in all zoning districts. Before such animals are allowed,however,the participant in the program must receive the approval of the council regarding participation in the program and identify the animal being kept. (5) Animals may only be kept for commercial purposes if authorized in the zoning district were the animals are located. (6) Animals may not be kept if they cause a nuisance or endanger the health or safety of the community. (7) Other animals may be allowed by conditional use permit. (Ord. No. 80, Art. VI, § 9(6-9-1), 12-15-86) Sec. 20-1002. Care and treatment. Animals kept within any zoning district shall be subject to the following requirements: (1) The size, number, species, facilities for and location of animals kept shall be main- tained so as not to constitute a danger or nuisance by means of odor, noise or otherwise. (2) Facilities for housing animals shall be: a. Constructed of such material as is appropriate for the animals involved. b. Maintained in good repair. c. Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animals. d. Of sufficient size to allow adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. e. Cleaned as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and reduce odors. (3) Animals shall be provided wholesome,palatable food and water free from contamina- tion and of sufficient quantity and nutritive value to maintain all animals in good health. (4) Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulations provided by this division. Pet shop or kennel owners shall receive a license as required by the city. (Ord. No. 80, Art. VI, § 6-9-2, 12-15-86) Secs. 20-1003-20-1015. Reserved. DIVISION 5. FENCES AND WALLS Sec. 20-1016. Intent. The intent of this division is to provide standards for fences along the perimeter of lots that act as boundaries and/or barriers. (Ord. No. 80, Art. VI, § 12(6-12-1), 12-15-86) 1240 ZONING § 20.1020 Sec. 20-1017. Permit. A building permit shall be obtained for any fence installed for any purpose other than an agricultural purpose prior to installation of same. A site plan showing location of the fence shall be submitted with the permit application. The building official may require a fence permit application to provide a registered land survey establishing property lines. (Ord. No. 80, Art. VI, § 12(6-12-2, 6-12-4, 6-12-5), 12-15-86) Sec. 20-1018. Commercial and industrial fences. Fences for screening or storage purposes installed on property used for commercial or industrial uses may have a maximum height of eight(8)feet. When commercial or industrial uses abut property used or zoned for residential uses,a fence at least six(6)feet in height shall be placed between the residential and the commercial and industrial property. Said fence must be one hundred(100)percent opaque. Commercial or industrial fences over eight(8)feet shall require a conditional use permit. Fences utilizing barbed wire in all commercial and industrial districts shall require a conditional use permit. (Ord. No. 80, Art. VI, § 12(6-12-10), 12-15-86; Ord. No. 90, § 3, 3-14-88) Sec. 20-1019. Location. (a) Generally. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees, in writing, that said fence may be erected on the property line of the respective properties. Such an agreement shall be submitted at the time of building permit application. (b) Wetlands. No fences shall be permitted below the ordinary high water mark of a wetland. (Ord. No. 80, Art. VI, § 12(6-12.3), 12-15-86; Ord. No. 181, § 1, 3-8-93) Sec. 20-1020. Construction and maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in such condition as to not become a hazard, eyesore, or public or private nuisance. All fences shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this chapter or which endangers the public safety, health or welfare shall be considered a public nuisance. Abatement proceedings may be instituted by the proper city official after fifteen (15) days notification, if the owner of such fence has not undertaken the necessary repairs to abate the nuisance. Link fences shall be constructed in such a manner that no barbed ends shall be exposed. (Ord. No. 80, Art. VI, § 12(6-12-6), 12-15-86) Supp. No. 5 1241 § 20-1021 CHANHASSEN CITY CODE Sec. 20-1021. Swimming pool fences. All in-ground swimming pools shall be protected by a fence not less than five (5)feet in height. All gates shall have a self-closing and self-latching latch installed on the pool side of the fence. All fences shall be nonclimbable and shall have intermediate rails or ornamental pattern such that a sphere four(4)inches in diameter cannot pass through.Subsection(a)does not apply to pools which are located on property which are completely enclosed by perimeter fence five (5)feet in height. (Ord. No. 80, Art. VI, § 12(6-12-7), 12-15-86; Ord. No. 110, § 2, 8-28-89) Sec. 20-1022. Shoreline fences. Fences to be installed on riparian lots shall have a maximum height of three and one-half (31/2)feet in the rear yard(lake side). (Ord. No. 80, Art. VI, § 12(6-12-8), 12-15-86) Sec. 20-1023. Height. Any fence over six and one-half(61/2)feet must receive a conditional use permit.The fence height is measured from ground elevation to the highest point on the fence. All other resi- dential fences shall meet the following standards: (1) Side yards and rear yards. In any side or rear yard on lots, the height of fences shall not exceed six and one-half(61/2) feet. (2) Front yards. Fences in the required front yard setback area that are opaque shall not exceed three(3) feet in height. Chain link fences in this area shall not exceed four(4) feet in height.All other open fences in this area shall not exceed six and one-half(61/2) feet in height. r ��uble -( o M-c1 (3) Corner of addition to the other provisions contained in this section,fences located on corner lots shall be subject to the following provisions: N"or douLk -((onj a. Any fence within the required front yard setback area shall not exceed three (3) feet in height if opaque construction,or four(4)feet in height if open construction. b. The maximum height of a fence shall conform to the requirements of fences in front yards within the corner site triangle. Two sides of the corner site triangle commence at the corner of the lot located at the intersection of the two streets and run a distance of thirty(30)feet back along the lot lines abutting the streets,The third side of the triangle is a straight line joining the end points of the adjacent C SYg( ont^clYt(t "lel «Nrvill t-' -(It (off.-{Loi\ _0, gata�L; (Ord. No. 0, , § 12(6-12-9), 12-15-86; Ord. No. 181, § 2, 3-8-93) `+ Sec. 20.1024. Barbed wire fences. Barbed wire fences are prohibited in all residential districts. Barbed wire fences are permitted in the agricultural districts. (Ord. No. 90, § 4, 3-14-88) Supp. No. 5 1242 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �-r (612) 937-1900 • FAX (612) 937-5739 1 MEMORANDUM TO: Planning Commission FROM: Todd Gerhardt, Assistant City Manager DATE: June 1, 1995 SUBJ: Consider Approval of TIF District #4 Consistent with the City's Comprehensive Plan and Zoning Ordinance Under state statutes, the Planning Commission must find the proposed Tax Increment Financing Plan to be consistent with the city's plans for development of the community and meets all city zoning requirements (see Attachment #1). The purpose of this district is to assist with the redevelopment of the bowling center. the old Instant Web facility, Frontier Center and the expansion of the Country Suites Hotel. The redevelopment of this area would consist of the following improvements - a new facade, boardwalk, and additional parking and landscaping (see Attachment #2). Planning Commission Role The Planning Commission must review the proposed redevelopment plans to be consistent with the current zoning (see Attachment #3 for map and zoning ordinance). The proposed uses being considered are as follows: Current Zoning 1. Expansion of Country Suites CBD (Note- Planning Commission has already (Hotels are a permitted approved site plan). use) 2. Conference Center CBD (Note - would need site plan approval if (Conference facilities are the old Animal Fair Building is torn down) a permitted use) Planning Commission TIF District #4 June 1, 1995 Page 2 3. Old Frontier Building CBD (Note - Proposed use is retail and would (Retail is a permitted use) need site plan approval for new facade, parking and landscaping) 4. Old Instant Web Building BG (Note - Proposed use is a six bay movie (Movie theaters are theater and would need site plan approval considered entertainment for new facade, parking and landscaping) thus, are a permitted use) 5. Bowling Center Building BG (Note - The redevelopment would consist of the following uses: a. bowling lanes (as they exist today) Permitted use b. Pauly's Restaurant and Bar Permitted use c. specialty retail (8,000 s. f.) Permitted use (This development would also need site plan approval for new facade, parking and landscaping) See Attachment #2 for proposed facade improvements and boardwalk. RECOMMENDATION Based on this information, staff would recommend approving the attached resolution declaring the program and plan for Tax Increment Financing District No. 4 consistent with plans for development of Chanhassen as a whole (Attachment #4). ATTACHMENTS 1. Tax Increment Financing Plan District #4 2. Proposed facade improvements and boardwalk. 3. Map and zoning ordinance 4. Resolution. TAX INCREMENT FINANCING PLAN, TAX INCREMENT FINANCING DISTRICT NO. 4 CITY OF CHANHASSEN, MINNESOTA May 22, 1995 This document drafted by: HOLMES & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 RHB87299 ,I CH130-40 [[ !, ,• ( TABLE OF CONTENTS Page TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 Subsection A. Definitions 1 Subsection B. Statutory Authority 2 Subsection C. Statement of Objectives 2 Subsection D. Statement of Public Purpose 2 Subsection E. Development District Program 3 Subsection F. Description of TIF District 3 Subsection G. Development District Contracts 3 Subsection H. Classification of TIF District 3 Subsection I. Modification of TIF Plan 3 Subsection J. Use of Tax Increment 3 Subsection K. Excess Tax Increment 3 Subsection L. Limitation on Increment 4 Subsection M. Limitation on Administrative Expenses 4 Subsection N. Limitation on Boundary Changes 4 Subsection O. Relocation 4 Subsection P. Parcels to be Acquired within TIF District 5 Subsection Q. TIF Account 5 Subsection R. Estimate of Costs 5 Subsection S. Estimate of Bonded Indebtedness 5 Subsection T. Original TIF Capacity and Tax Increment 5 Subsection U. Duration of the TIF District 6 Subsection V. Estimate of Captured Tax Capacity 6 Subsection W. Estimated of Impact on Other Taxing Jurisdiction . 6 Subsection X. Annual Reports 6 EBB87299 CH130-40 (i) TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4. A. Definitions For the purposes of the Tax Increment Financing Plan for Tax Increment Financing District No. 4, the following terms shall have the meanings specified below, unless the context otherwise requires: "Administrative expenses" means all expenditures of the Authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of real property in the District, relocation benefits paid to or services provided for persons residing or businesses located in the District, or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178 of the TIF Act. Administrative expenses includes amounts paid for services provided by bond counsel, fiscal consultants and planning or economic development consultants. "Authority" means the Housing and Redevelopment Authority in and for the City of Chanhassen, a public body corporate and politic under the laws of Minnesota; "City" means the City of Chanhassen, a municipal corporation under the laws of Minnesota; "City Council" or "Council" means the Chanhassen City Council; "City Development District Act" or "Act" means Minnesota Statutes, sections 469.124 through 469.134, as amended; "Comprehensive Plan" means the City's objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the community; "County" means Carver County, Minnesota; "Development District Program" or "Program" means the Program for the Downtown Chanhassen Redevelopment Project; "HRA Act" means Minnesota Statutes, sections 469.001 through 469.047, as amended; "Project" means the Downtown Chanhassen Redevelopment Project; "State" means the State of Minnesota; "Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued by the Authority or the City to finance the public costs associated with the Project as stated in the Program or in the Plan for TIF District No. 4 or any obligations issued to refund the Tax Increment Bonds; "Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes, sections 469.174 through 469. 179, as amended; and RHB87299 CH130-40 1 "Tax Increment Financing District" or "TIF District" means Tax Increment Financing District No. 4, which is being created and established within the Project pursuant to the TIF Act; and "Tax Increment Financing Plan" or "Plan" means the Plan for TIF District No. 4, which will be adopted by the Authority on May 22, 1995. B. Statutory Authority. Pursuant to section 469.175, subd. 4 of the TIF Act, the Authority is authorized to establish tax increment financing districts to facilitate and provide financing for the development objectives articulated in the Program. The Authority will operate the TIF District pursuant to the HRA Act and TIF Act. C. Statement of Objectives. The Authority seeks to achieve the following objectives through the establishment of TIF District No. 4; 1. provide employment opportunities within the community; 2. improve the tax base of Chanhassen and the general economy of the City and State; 3. encourage development in areas of the community which have not been utilized to their full potential; 4. implement relevant portions of the Comprehensive Plan. The Authority's specific purpose in establishing TIF District No. 4 is to assist several projects which are proposed in the Project's entertainment district, near the Chanhassen Dinner Theater. The area to be incorporated into TIF District No. 4 is currently located within the Project and the Authority's downtown TIF district. The downtown TIF district was established as a tax increment district prior to August 1, 1979 and has operated as a "pre-1979" TIF district. As such, it is subject to termination after April 1, 2001 in accordance with the bond maturities of obligations issued by the City or Authority prior to April 1, 1991. Too little time remains in the life of the downtown TIF district to provide adequate assistance to the proposed developments. In order to lengthen the time during which increment may be collected and to provide sufficient assistance to induce the proposed development, the Authority proposes to remove specified parcels from the downtown TIF district and to incorporate them into TIF District No. 4. D. State of Public Purpose. In adopting the Plan for TIF District No. 4, the Authority will make the following findings: 1. Anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of TIF is deemed necessary; 2. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the community as a whole, for development of the TIF District by private enterprise; 3. The TIF Plan conforms to general plans for development of Chanhassen as a whole; and 4. The area included within TIF District No. 4 qualifies as a redevelopment TIF district within the meaning of the TIF Act. REB87299 CH130-40 2 The conclusions to be reached by the Authority regarding the above are based upon the recommendations of city staff and the planning commission as well as the familiarity of members of the HRA with the properties involved and the likelihood that those properties will develop within the reasonably foreseeable future solely through private efforts. City staff members have reviewed the properties and the conditions of the buildings located thereon, as well as reviewed the City's building permit files, and have determined that the area qualifies as a redevelopment TIF district. Staff's findings in this regard are contained in a report in the Authority's office which will be retained by the Authority for the life of TIF District No. 4. E. Development District Program. The plan for development of the City outlined in the Program will continue to provide the basis of the City's efforts to develop portions of the community which have not and remain unlikely to be developed solely through private efforts. The Plan for TIF District No. 4 is consistent with the Program for the downtown Chanhassen project area. F. Description of TIF District. The property identification numbers of the parcels within TIF District No. 4 are included as Exhibit A. A map of the boundaries of TIF District No. 4 is attached hereto as Exhibit B. Exhibits A and B are incorporated herein by reference. G. Development District Contracts. The City has not yet entered into a development contract with regard to the development of any property within TIF District No. 4. Contracts regarding property within TIF District No. 4 will be entered into in accordance with section 469.176, subd. 5 of the TIF Act. H. Classification of TIF District. TIF District No. 4 qualifies as a redevelopment TIF district, pursuant to section 469.174, subd. 10 of the TIF Act. I. Modification of TIF Plan. The Plan for TIF District No. 4 may be modified by the Authority, provided that any enlargement of the geographic area of the TIF District, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt if that determination was not a part of the original Plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the Authority, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the Authority shall be approved upon the notice and after such discussion, public hearing and findings as required for approval of the original Plan. J. Use of Tax Increment. Pursuant to section 469.176, subd. 4 of the TIF Act, all revenues derived from TIF District No. 4 shall be used in accordance with the TIF Plan. The revenues shall be used to finance or otherwise pay the capital and administrative costs of development activities within the TIF district as identified in the Program and Plan. K. Excess Tax Increment. Pursuant to section 469.176, subd. 2 of the TIF Act, in any year in which the increment exceeds the amount necessary to pay the costs authorized by the TIF Plan, the Authority shall use the excess amount to do any of the following, in the order determined by the Authority: 1 . prepay the outstanding bonds or other obligations; 2. discharge the pledge of tax increment therefor; RHB 87 29 9 CH130-40 3 3. pay into an escrow account dedicated to the payment of bonds or other obligations; or 4. return the excess amount to the Carver County auditor who shall distribute the excess amount to the City, the County and school district in direct proportion to their respective tax capacity rates. The Authority may also choose to modify the TIF Plan in order to provide for other public improvements or assistance within the TIF District. L. Limitation of Increment. 1 . No increment shall be paid to the Authority from TIF District No. 4 after three years from the date of certification of the original tax capacity of the property in the TIF district by the county auditor unless within the three year period (a) bonds have been issued pursuant to section 469.178 of the TIF Act, or (b) the Authority has acquired property within TIF District No. 4, or (c) the Authority has constructed or caused to be constructed public improvements within TIF District No. 4. 2. If, after four years from the date of certification of the original tax capacity of TIF District No. 4, no demolition, rehabilitation, or renovation of property or other site preparation, including qualified improvement of a street or right-of-way adjacent to a parcel but not installation of underground utility service, including sewer or water systems, have been commenced on a parcel located within TIF District No. 4 by the Authority or by the owner of the parcel in accordance with the TIF Plan, no additional increment may be taken from that parcel, and the original tax capacity of that parcel shall be excluded from the original tax capacity of the TIF District. If one of these activities subsequently commences, the Authority shall so certify to the county auditor, and the tax capacity of the property as most recently certified by the commissioner of revenue may be added to the TIF District. 3. No tax increment shall in any event be paid to the Authority from TIF District No. 4 after 25 years from the date of receipt by the Authority of the first increment. M. Limitation on Administrative Expenses. Pursuant to section 469.176, subd. 3 of the TIF Act, administrative expenses are limited to 10 percent of the total tax increment expenditures budgeted or actually incurred, whichever is less. Each time the Authority increases the budget of TIF District No. 4, the amount of increment allocated to administrative costs may be increased as long as the total of administrative expenditures does not exceed 10 percent of the total budget of the TIF District. N. Limitation on Boundary Changes. The geographic area of TIF District No. 4 may be reduced, but cannot be enlarged after five years following the date of certification of the original tax capacity by the Carver county auditor. O. Relocation. Although no relocation is anticipated, the Authority accepts as binding its obligations under state law regarding relocation benefits and, if necessary, will administer relocation services for families, individuals and businesses displaced by public action. R1 87299 CH130-40 4 MAY 18 '95 14:54 HOLMES & GRA'iEH -. . P. Parcels to Be Acquired Within the TIF District. The Authority intends to acquire property within TIF District No. 4 and to resell the land to the developer at a reduced cost. Q. TIF Account. The tax increment received with respect to the TIP District No. 4 shall be segregated by the Authority in a special account on its official books and records. R. Estimate of Project Costs. The following costs are authorized for expenditure within TIF District No. 4: Entertainment Center Redevelopment Land Acquisition/Facade Improvements $ 690,000 Boardwalk/Sidewalk Improvements 470,000 Parking Lot/Landscaping Improvements 300,000 Subtotal $1,460,000 Hotel/Conference Center Expansion Converence Center Land Write-Down $ 59,000 Hotel Land Write-Down 230,000 Subtotal $ 289,000 Administrative Expenses $ 50,000 TOTAL $1,799,000, S. Estimate of Bonded Indebtedness. The Authority intends to issue a limited revenue note in an amount not to exceed $1,500,000 to finance the public costs associated with the Entertainment Center Redevelopment and authorized by the Plan for T1F District No. 4. T. Original Tax Capacity and Tax Increment. Pursuant to section 469.177, subd. 1 of the TIF Act, the original tax capacity for TIF District No. 4 is $135,037. Each year the Carver county auditor will measure the increase or decrease in the total tax capacity of property in the TIF district. Any year in which the tax capacity of TIF District No. 4 exceeds $135,037, an increment will be payable to the Authority. Any year in which the tax capacity is below $135,037, no value will be captured and no increment will be payable to the Authority. Each year after the certification of the original tax capacity, the county auditor will increase or decrease the original tax capacity of property within TIF District No. 4 as a result of: 1. change in the tax exempt status of the property; 2. reduction or enlargement of the geographic boundaries of the TIF District; or 3. reduction of valuation by means of a court-ordered abatement, stipulation agreement, voluntary abatement made by the assessor or auditor or by order of the Minnesota commissioner of revenue. 1121387299 C 130-40 5 U. Duration of the TIF District. In accordance with section 469.176, subd. 1 of the TIF Act, the City wishes to retain its right to receive TIF payments until 25 years from the date of the receipt of the first increment. V. Estimate of Captured Tax Capacity. Pursuant to sections 469.175, subd. 1 and 469.177, subd. 2 of the TIF Act, the estimated net captured tax capacity of TIF District No. 4, will be $136,363 after January 2, 1997, for taxes payable in 1998. The captured tax capacity was estimated in the following manner: Tax Capacity on January 2, 1997 $271,400 Original Tax Capacity -$135,037 Captured Tax Capacity $136,363 Pursuant to section 469.177, subd. 2 of the TIF Act, it is found and declared that all of the captured tax capacity generated by TIF District No. 4 is necessary to finance or otherwise make permissible expenditures authorized by section 469.176, subd. 4 of the TIF Act. W. Estimated of Impact on Other Taxing Jurisdiction. In is anticipated that $204,220 in increment will be captured annually within TIF District No. 4. This increment amount is based on the value of the development on January 2, 1997, for taxes payable in 1998. For the purposes of estimating increment during the life of TIF District No. 4, no inflation has been assumed in the value of the new development. The composite tax capacity rate for the affected property is currently . 149.763 percent. Applying the percentage of the total tax capacity rate attributable to each taxing jurisdiction to the annual increment of $204,220 reveals the annual "loss" of tax dollars by each jurisdiction if the projects would have occurred without TIF. Although the Authority believes the actual impact on other taxing jurisdictions is zero because development would not have occurred within the reasonably foreseeable future without public intervention, the assumed amount of tax dollars foregone by each jurisdiction is listed below: Percent of Tax Increment Attributable to Various Taxing Jurisdictions Tax $ of Capacity Total Tax Est. Tax Taxing Jurisdiction Rate Capacity Loss ($) City of Chanhassen 25.834 17.2 $35,228 Carver County 47.033 31.4 64,135 Independent School District No. 112 71.221 47.5 97,118 Other 5.675 3.9 7,739 TOTAL 149.763 100.0 $204,220 X. Annual Reports. Pursuant to section 469.175, subd. 6 of the TIF Act, the Authority must file an annual financial report regarding TIF District No. 4. The report shall be filed by July 1 of each year with the school board, the county board and the state auditor. The report to be filed by the Authority shall include the following information: 89887299 C9130-40 6 1. the original tax capacity of TIF District No. 4; 2. the captured tax capacity of TIF District No. 4, including the amount of any captured tax capacity shared with other taxing districts; 3. the outstanding principal amount of bonds issued or other loans incurred to finance project costs in TIF District No. 4; 4. for the reporting period and for the duration of TIF District No. 4, the amount budgeted under the TIF Plan and the actual amount expended for the following categories: (a) acquisition of land and buildings through condemnation or purchase; (b) site improvement or preparation costs; (c) installation of public utilities or other public improvements; (d) administrative costs, including the allocated cost of the Authority; 5. for properties sold to developers, the total cost of the property to the Authority and the price paid by the developer; and 6. the amount of tax exempt obligations, other than those reported under clause (3), which were issued on behalf of private entities for facilities located in TIF District No. 4. In addition, the Authority must report annually by March 1 to the Minnesota commissioner of revenue the following amounts for the entire municipality: (1) the total principal amount of nondefeased tax increment financing bonds that are outstanding at the end of the previous calendar year; and (2) the total annual amount of principal and interest payment that are due for the current calendar year on (i) general obligation tax increment financing bonds, and (ii) other tax increment financing bonds. The Authority must annually report to the commissioner of revenue the following amounts for TIF District No. 4: (1) the type of district, whether economic development, redevelopment, housing, soils condition, mined underground space, or hazardous substance site; (2) the date on which the district is required to be decertified; (3) the captured net tax capacity of the district, by property class as specified by the commissioner of revenue, for taxes payable in the current calendar year; (4) the tax increment revenues for taxes payable in the current calendar year; (5) whether the tax increment financing plan or other governing document permits increment revenues to be expended (i) to pay bonds, the proceeds of which R1 87299 CH130-40 7 were or may be expended on activities located outside of the district, (ii) for deposit into a common fund from which money may be expended on activities located outside of the district, or (iii) to otherwise finance activities located outside of the tax increment financing district; and (6) any additional information that the commissioner of revenue may require. RBB87299 CH130-40 8 EXHIBIT A Parcels included within TIF District No. 4. (P.I.D. ) 25-118-00-10 25-118-00-20 25-130-07-00 25-195-00-20 25-195-00-21 25-119-00-30 25-119-00-40 25-195-00-30 25-272-00-30 25-272-00-20 25-272-00-10 R} 87299 CH130-40 9 .l8 13�v - -- —7:W e W 8 2 7 cg r, <' i I C ti• -1 Q C _ - 0 i ('1 -I r N o -I m 2 C 0 0' a 0 n r r .4 — r t/1 oZ 0 o •f o N C o m �� H .'i Z Z . o vi n r _ > v Ch . I —m –i o N D G� OD N � j Ca 98 D PJ D Z - S v :0 I 03 z _2 o i t D _ o �m I al r y S i — U) .. co .2 [ 0 fn a, I - -�- - ',, B LAREDO DRIVE . N m C o$a �O N •I - 50 r <° 2c o O, 01 S E....41 L _____f I. 33 sC) 2 D _ D t N T.: p -01— Z C • 0 CP W CJ O O O z •n 369 ( .' La J 7) CO v 1CC- gx I '... 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UFFG 7 ��/^\jJ� �� , ,. -�------_-_-_-%-,----:.=":7-:-:' i�_ 1 SINNEN „VV. ,; I� : 1 ..y CIRCLE �4t*r# X11 { V- ft•iNsalL - f b U D— . ,•_ ►� ® LAKE SUSAN . afil • lbs, J �E _°'."` . . i j.�if f•- stoN. \I-� • m .$x s off. �® ® at _, ., . . 10 V et• 70' '../ ,c,a. .$7 4112''' tit' . 4": -1 '. .I..:i: C--: _ -:.-5'''''''''iiIii*tl..,-:-.'-....',1'''-:!Ztit AIF : *„SZL.4.,4,:,, ..21.'.+ WO iKill Cr lip'1 ''' clairifinf: \ '''ti--!1' . iil I k\ e% ..;'• trii 4- e . )414•14 ,,' w , .1(0 -ill-- --Atki • ' Oy . • - 0,.../.•• *. .s- 014) 2 wart :. 4.. . b.....,.k,„ labik,..? . .4_, Itz.:. 4.. .rsu r2t-m p %Azad 1 Atig lg.' . •--..:.ra ..,.....r-. .,.,-...,n,,A,..; ,..# ..„... i .,.. 1 1 .-.c.- :.;..., .., .. ,..,„tim ,---, ,s, VI.OlUill telan . 1P1 ti'''' •c,eVer r-Aq1Pooli 4ft'-'1P2'11 i.;-,..-4-1 #17-X-rpUtipraMit=ti„-; -7 ,-- -. �'og so®• t1M ,,,.. .4:1.a t J "+ .4:4„,,,,..„,i7 12SZ ', v ♦ .'r4..''.`• 1. 1. 14 c&a EB4 MOP. • ,� p� • --'-*1'. .7.' POSE e ®Ji.K.' .e � - , ice. �T � � 1�.:1'I a C� .?-r.:,..; '. �- a �0 sy Ot aQ�� :, 4 t- ,• ; �� -�� i��_ 0 `.k c _ +.:.•1 e ,o• r h sem.' ,i2,4.- -R, / ' i;• /; ';`"--F-:7'41'. '_ : �i p4P ® sr r'`ji t ..y - f`'. -- I.a� • .a1-44 • 'fid .• ? ti —• _. 4,t• :�1 ®'Itt® 4 .414k. l - .ibet Wi~ , '72r,.'. 'le,, i 1` ' -'-_:,:,-':-:k''":2'-1 iiiht *ANSA,Irgrift.:1--- klTii.• 4wt-.."-',-- --;'''.!--') --'-''-',.. -.. ilq A--,-*E-. ;-..,,,,,,,g-e7-. 4%.-.., -- xri LYIA- -Cri ` �t4, v �. 3 -F t, ZONING § 20.732 Sec. 20.716. Interim uses. The following are interim uses in the "BH" District: (1) Churches. (2) Temporary outdoor display of merchandise for sale. (3) Farmers markets. (Ord. No. 120, § 3, 2-12-90) Secs. 20.717-20-730. Reserved. ARTICLE XVIII. "CBD" CENTRAL BUSINESS DISTRICT Sec. 20.731. Intent. The intent of the "CBD" District is to provide for downtown business development sup- porting a strong central business district while enhancing the overall character of the com- munity in conformance with downtown redevelopment plan, goals and objectives. (Ord. No. 80, Art. V, § 12(5-12-1), 12-15-86) Sec. 20-732. Permitted uses. The following uses are permitted in a "CBD" District: (1) Bowling center. (2) Retail shops. (3) Offices. (4) Standard restaurants. (5) Liquor stores. (6) Entertainment C(7) Convention and conference facilitie (8) Financial institutions. (9) Health care facilities. (10) Hotels. �(f1)pecial xetail-{including but not limited to jewelry,book, stationery,bible, camera, pets, arts and crafts, sporting goods). (12) Supermarkets. (13) State-licensed day care center as part of shopping center. (14) Personal service establishments. Supp.No. 7 1224.1 ZONING § 20-752 (3) Reserved. (4) Convenience store with gas pumps. (Ord. No. 80, Art. V, § 12(5-12-4), 12-15-86; Ord. No. 120, § 4(9), 2-12-90) State law reference—Conditional uses, M.S. § 462.3595. Sec. 20-735. Lot requirements and setbacks. The following minimum requirements shall be observed in a "CBD" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is ten thousand (10,000) square feet. (2) The minimum lot frontage is one hundred (100) feet, except lots fronting on a cul- de-sac shall have a minimum frontage of sixty (60) feet in all districts. (3) The minimum lot depth is one hundred (100) feet. (4) There is no maximum lot coverage. (5) There are no minimum setback requirements for front, rear or side yard. (6) There are no maximum height requirements for principal or accessory structures. (Ord. No. 80, Art. V, § 12(5-12-5), 12-15-86) Sec. 20-736. Interim uses. The following are interim uses in the "CBD" District; (1) Churches. (2) Temporary outdoor display of merchandise for sale. (3) Farmers markets. (Ord. No. 120, § 3, 2-12-90) Secs. 20-737-20-750. Reserved. ARTICLE XIX. "BG" GENERAL BUSINESS DISTRICT Sec. 20-751. Intent. The intent of the"BG"District is to provide for downtown fringe commercial development identified as the least restricted business district. (Ord. No. 80, Art. V, § 13(5-13-1), 12-15-86) Sec. 20-752. Permitted uses. The following uses are permitted in a "BG" District: (1) Bowling center. Supp. No. 7 1225 ZONING § 20-754 (18) Offices. (19) Health care facilities. (20) Motels. (21) Supermarkets. (22) Home improvement trades building supply centers. (23) Garden centers. (24) Utility services. Bars and taverns. (26) Fast food restaurants. • (27) Reserved. (28) Community center. (29) Senior citizen housing. (Ord. No. 80, Art. V, § 13(5-13-2), 12-15-86; Ord. No. 116, § 8, 1-22.90) Sec. 20-753. Permitted accessory uses. The following are permitted accessory uses in a"BG" District: (1) Parking lots. (2) Signs. (Ord. No. 80, Art. V, § 13(5-13-3), 12-15-86)- Sec. 20-754. Conditional uses. The following are conditional uses in a"BG" District: (1) Reserved. (2) Truck, automobile,farm implement,recreational vehicles and boat sales and service. (3) Equipment rental. •• (4) Screened outdoor storage. • (5) Major auto repair and body shops. (6) Convenience stores with gas pumps. • (7) Motor fuel stations. (Ord. No. 80, Art. V, § 13(5-13-4), 12-15-86; Ord. No. 116, § 8, 1-22-90; Ord. No. 120, § 4(10), 2-12-90) State law reference—Conditional uses, M.S. § 462.3595. Supp.No.3 1226.1 ZONING § 20-771 • The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to pro- vide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide additional physical separation and screening for the higher intensity use.As such,they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential.To the extent deemed feasible by the city,new plantings shall be designed to require the minimum of maintenance,however,such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Buffer yards shall be covered by a permanently recorded conservation easement running in favor of the city. In instances where existing topography and/or vegetation provide buffering sat- isfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to fifty (50) percent. The applicant shall have the full burden of demonstrating compliance with the standards herein. (Ord. No. 80,Art.V, § 13(5-13-5), 12-15-86; Ord. No. 94, §§ 1, 4, 7-25-88; Ord. No. 136, §§ 1A, 1B, 1-28-91) Sec. 20-756. Interim uses. The following are interim uses in the "BG" District: (1) Churches. (2) Temporary outdoor display of merchandise for sale. (Ord. No. 120, § 3, 2-12-90) Secs. 20-757-20-770. Reserved. ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT Sec. 20-771. Intent. The intent of the "BF" District is to accommodate limited commercial uses temporary in nature without urban services, while maintaining the integrity, minimizing impact, and pro- tecting the natural environment.When urban services are available, land use may change to a higher and improved use of the property. (Ord. No. 80, Art. V, § 14(5-14-1), 12-15-86; Ord. No. 220, § 1, 9-12-94) Supp. No. 7 1227 City of Chanhassen Carver and Hennepin Counties, Minnesota Planning Commission DATE: RESOLUTION NO: MOTION BY: SECONDED BY: RESOLUTION DECLARING THE PROGRAM AND THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 CONSISTENT WITH THE PLANS FOR DEVELOPMENT OF THE CITY OF CHANHASSEN WHEREAS, the City Council of the City of Chanhassen (City) has authorized preparation of a Program (the "Program") and a Plan for Tax Increment Financing District No. 4 ("TIF District No. 4"); and WHEREAS, the Program and the Plans are contained in a document entitled Tax Increment Financing Plan, Tax Increment Financing District No. 4, City of Chanhassen, Minnesota, dated May 22, 1995, which is on file at the city hall; and WHEREAS, the Planning Commission has reviewed the Program and the Plan and has compared them with the plans for development of the City as a whole. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chanhassen, Minnesota as follows: 1. The Program and the Plan are hereby found to be consistent with the plans for development of the City of Chanhassen as a whole. 2. The City is urged to hold a public hearing on the Program and the Plan required by law and to adopt same as soon as possible. Passed this day of , 1995, by the Planning Commission of the City of Chanhassen. ATTEST: Chairperson Vice-Chairperson 4 CITYOF , i. ., 4.,,,.44 0 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 • MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP, Planning Director DATE: May 23, 1995 SUBJ: Planning Commission Bylaws Amendment The proposed amendment is in bold type on page 4. As I previously discussed with you, this amendment allows the commission to discuss housekeeping items without having to keep minutes. Items under the open discussion section are issues that the city council would consider work shop issues and minutes are not necessary. BYLAWS PLANNING COMMISSION CITY OF CHANHASSEN The following bylaws are adopted by the City Planning Commission to facilitate the performance of its duties and the exercising of its functions as a commission established by the City Council pursuant to the provision of Subdivision 1, Section 462.354 Minnesota State Statutes annotated. SECTION 1 - DUTIES AND RESPONSIBILITIES - PLANNING COMMISSION: 1.1 The Planning Commission shall serve as an advisory body to the City Council through carrying out reviews of planning matters. All final decisions are to be made by the City Council. 1.2 The Planning Commission shall prepare a Comprehensive Plan for the future development of the city and recommend on amendments to the plan as they arise. 1.3 The Planning Commission shall initiate, direct, and review the provisions and standards of the Zoning Ordinance and Subdivision Regulations and reports its recommendations to the City Council. 1.4 The Planning Commission shall review applications and proposals for zoning ordinance amendments, subdivisions, street vacations, conditional use permits and site plan reviews and make their recommendations to the City Council in accordance with the Zoning Ordinance and Subdivision Ordinance. 1.5 The Planning Commission shall hold public hearings on development proposals as prescribed by the Zoning and Subdivision Ordinances. 1.6 - Establishment of Subcommittees The Planning Commission may, as they deem appropriate, establish special subcommittees comprised solely of their own members. SECTION 2 - MEETINGS: 2.1 - Time Regular meetings of the Commission shall be held on the first and third Wednesday of each month at 7:00 p.m. at the City Council Chambers, 690 Coulter Drive, unless otherwise directed by the Chairperson, in which case at least 24 hours notice will be given to all members. Regular meetings shall have a curfew of 10:30 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular Planning Commission meeting. When the regular meeting day falls on a legal holiday, there shall be no Planning Commission meeting. 2.2 - Special meetings Special meetings shall be held upon call by the Chairperson, or in his/her absence, by the Vice- Chairperson or any other member with the concurrence of four other members of the commission, and with at least 48 hours of notice to all members. Notice of all special meetings shall also be posted on the official city bulletin board. 2.3 - Attendance: Planning Commission members shall attend not less than seventy-five (75%) percent of all regular and special meetings held during a given (calendar) year, and shall not be absent from three (3) consecutive meetings without prior approval of the Chairperson. Failure to meet this minimum attendance requirements shall be cause for removal from the commission by action of the City Council. SECTION 3 - COMMISSION COMPOSITION, TERMS AND VACANCIES: 3.1 - Composition The commission shall consist of seven (7) voting members. Seven members shall be appointed by the Council and may be removed by the Council. 3.2 - Terms and Vacancies The council shall appoint seven members to the commission for terms of three (3) years. Vacancies during the term shall be filled by the council for the unexpired portion of the term. Every appointed member shall, before entering upon the charge of his/her duties, take an oath that he/she will faithfully discharge the duties of his office. All members shall serve without compensation. 3.3 - Quorum Four planning commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. SECTION 4 - ORGANIZATION: 4.1 - Election of Officers At the first meeting in April of each year, the planning commission shall hold an organization meeting. At this meeting, the commission shall elect from its membership a Chairperson and Vice- Chairperson. This shall be done by secret ballot. Each member shall cast its ballot for the member he wishes to be chosen for Chairperson. If no one receives a majority, balloting shall continue until one member receives the majority support. Vice-Chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 - Duties of the Chairperson and Vice-Chairperson The Chairperson or in his/her absence, the Vice-Chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the commission. The Chairperson shall conduct the meeting so as to keep it moving rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. SECTION 5 - PROCEDURE: 5.1 - Parliamentary Procedure Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all regular meetings. At special work session meetings, and when appropriate, the commission may hold group discussions not following any set parliamentary procedures except when motions are before the commission. SECTION 6 - PUBLIC HEARINGS: 6.1 - Purpose of Hearings The purpose of a hearing is to collect information and facts in order for the commission to develop a rational planning recommendation for the City Council. 6.2 - Hearing Procedure At hearings, the following procedure shall be followed in each case: a. The Chairperson shall state the case to be heard. b. The Chairperson shall call upon the staff to present the staff report. Required reports from each city department shall be submitted to the Planning Commission before each case is heard. c. The Chairperson shall ask the applicant to present his case. d. Interested persons may address the commission, giving information regarding the particular proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other commissioners. 3 f. There shall be no dialogue among the commissioners giving information regarding the particular proposal. (The Planning Commission members may ask questions of persons addressing the commission in order to clarify a fact, but any statement by a member of any other purpose than to question may be ruled out of order.) g. After all new facts and information have been brought forth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the hearing on each case, the Planning Commission shall discuss the item at hand and render a decision. The Planning Commission, if it so desires, may leave the public record open for written comments for a specified period of time. h. The Chairperson shall have the responsibility to inform all the parties of their rights of appeal on any decision or recommendation of the Planning Commission. 6. 3 - Schedule At meetings where more than one hearing is scheduled, every effort shall be made to begin each case at the time set in the agenda, but in no case may an item be called for hearing prior to the advertised time listed on the agenda. SECTION 7 - MISCELLANEOUS: 7.1 - Planning Commission Discussion a. Matters for discussion which do not appear on the agenda may be considered and discussed by the commission only when initiated and presented by the staff and shall be placed at the end of the agenda. b. Matters which appear on the agenda as open discussion items will not be recorded as minutes. 7.2 - Suspension of Rules The commission may suspend any of these rules by a unanimous vote of the members present. 7.3 - Amendments Amendment of these bylaws may be made at any regular or special meeting of the Planning Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 - Review At the first meeting in April of each year, these bylaws shall be read and adopted by the Planning Commission. Adopted: Date: 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 _ , MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, AICP, Planning Director DATE: May 31, 1995 SUBJ: Open Discussion of "Villages on the Pond" Development Proposal by Lotus Realty BACKGROUND Brad Johnson is requesting an opportunity to review with the Planning Commission a development proposal for the Ward Property. This item is before the Planning Commission for discussion purposes only. Any action by the commission has no standing and the purpose of the meeting is to allow the applicant to present his vision for the development and receive input from the commission. The purpose of this report is to provide framework for discussion. This is a very broad brush approach to the property and development proposal. ANALYSIS Location The Ward property is approximately 66 acres is size. It is bounded on the north by Highway 5, on the east by Chanhassen Estates subdivision, on the south by the Bartz property and on the west by T.H. 101 and Lake Susan. A proposed east/west collector street has been located on the comprehensive plan connecting L?ke Drive East at Great Plains Boulevard to the entrance of Rosemount at TH 101. This location was selected with the realignment of TH 101 to ensure that a narrow strip of commercial was not left that would lend itself to a fast food strip. Ward Property May 31, 1995 Page 2 To the east of this site along TH 5 is the American Legion site. There is a tentative agreement to purchase the Legion site and plans are being prepared for the development of this site. The Legion site is zoned BN, Neighborhood Business. There is a creek that runs along the south edge of the property. This creek runs between Lake Susan and Rice Marsh. Existing Conditions The site has a rolling topography. The elevation ranges from 960 to 880. There is a high ridge that runs through the center of the property. The slopes may exceed 18 percent in some areas. There are four wetlands on the property, three in the northeast corner of the site and a portion of a large wetland in the southeast corner. There are soils on the site that are classified as poorly drained, poorly drained depressional, areas of marsh and peat. In addition there are areas with a slope over 18 percent and slopes between 12-18 percent. There are some areas with significant stands of trees. Land Use Recommendations This property currently has two zoning designations. Along TH 101 and Highway 5 the property is zoned IOP, Industrial Office Park and adjacent to the Chanhassen Estates subdivision it is zoned RSF, Residential Single Family. The Comprehensive Plan has guided the land uses in this area as follows; commercial for the area north of the collector, office zoning south of the frontage road, medium density adjacent to the Chanhassen Estates subdivision, medium and RSF for the remaining southern portion of the property. During the Highway 5 Corridor Study, this site was given a couple of alternative land use designations. The Task Force and the Planning Commission recommended leaving the IMP designation and if the property were to develop, consideration was given to commercial up to 25 percent of the development under a PUD. The Vision 2002 Study did not specifically address the Ward property, although the process led to a lot of discussion as to the benefits of a "well-defined downtown" that helps establish a local identity. Ward Property May 31, 1995 Page 3 Engineering Issues Attached is a memo from the City Engineer which outlines issues that may be of concern with this development. SUMMARY When the developer first met with staff, we voiced our concerned about the amount of commercial development. Staff believes the proposed amount is too large. The comprehensive plan which guides the area for up to 13 acres of commercial has now grown to 20 acres. In addition, the realignment of Lake Drive East is specifically to enhance the commercial development of the property and not for traffic continuity. The applicant felt strongly about their development proposal and wanted an opportunity to review these informally with the Planning Commission. Staff and the applicant will discuss these issues with you in an informal manner at the meeting. Please find attached additional information for your consideration with the proposal. CITY OF • _it. ClIANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Kate Aanenson, Planning Director FROM: Charles Folch, Director of Public Works/City Engineer DATE: May 31, 1995 SUBJ: Overview of Primary Issues for a Conceptual Plan of Villages on the Ponds Street System - File No. 95-17 Land Use Review STREETS 1. The proposed public street connection to Market Boulevard (Trunk Highway 101) is located south of that designated previous (across from Rosemount) with the Trunk Highway 101 Realignment Study. The proposed public road alignment does not enhance the continuity of the south boulevard Lake Drive roadway system. It is also important to note that the previous Market Boulevard/TH 101 improvement project constructed some intersection geometric elements for this future Lake Drive segment at the planned location further north. 2. The applicant should also be aware that the access location for the public street off of Market Boulevard (Trunk Highway 101) will require both City approval and MnDOT permit. 3. The realignment of Great Plains Boulevard (New Lake Drive) through this development should incorporate providing access to the properties on Grandview Road. SANITARY SEWER 1. Trunk sanitary sewer is available to the site at the southernmost end of the property. The development will need to extend the internal lateral sanitary sewer lines to serve the site from the existing 36-inch Lake Ann trunk system. Kate Aanenson, Planning Director May 31, 1995 Page 2 WATER 1. The City's Comprehensive Water Policy Plan recommends that a 20-inch trunk watermain be extended through this property in order to provide sufficient flow through the City's trunk distribution system. The connection point to an existing 20-inch watermain is located at the intersection of Great Plains Boulevard and Lake Drive. The trunk line system should be extended westerly through the development following the Lake Drive road alignment and connect into the trunk watermain along Market Boulevard (Trunk Highway 101). This trunk water line can be installed under the private development contract with the City crediting the oversizing costs against the trunk area assessments for the properties or this work can be petitioned as a public improvement project which, depending on timing, may be able to be completed under the current Lake Riley Area Trunk Utility Improvement Project No. 93-32A. The lateral watermain systems can then be extended privately off of the 20-inch trunk main to serve the entire parcel. SURFACE WATER MANAGEMENT 1. The City's wetland inventory map indicates that there are presently three wetlands located on the site, all of which are designated as agricultural/urban classification. 2. The City's Surface Water Management Plan requires that all of the grading and drainage proposed for this site incorporate water quality and quantity measures with regard to surface runoff from the site. GENERAL COMMENTS 1. All public improvements installed within this development shall be designed and constructed in accordance with the City's 1995 edition of Standard Specifications and Detail Plates for construction. 2. 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A27-12(1) a 101p1, Q c•) A26-12(2) B 1/4. 1..1......-:....\ Th/ (A) 2C ( * 6 � AJ6 (1) 135_2(,) (A REK V A2,_ic71 A35-2(2, - - CITY of CHANHASSEN � s f.- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 �r (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commissioner FROM: Bob Generous, Planner II DATE: May 19, 1995 SUBJ: Buffering Requirements BACKGROUND The Planning Commission last reviewed this ordinance on May 3, 1995. At that time, the Commission directed staff to apply these standards to specific projects. Staff has made copies of four projects as they were landscaped under existing ordinance (Shenandoah Ridge, Richfield Bank & Trust, Oak Ponds/Oak Hills, and West Village Center). Staff has also incorporated the buffer yard standards for these same projects. ANALYSIS Shenandoah Ridge is an example of the ordinance's impact on a residential development adjacent to a collector street. The landscape plan approved as part of the subdivision provide 32 trees being planted (17 deciduous and 15 conifers) in the sample segment. The proposed ordinance, utilizing buffer yard B with 15 foot width (requiring 2 overstory, 4 understory or conifers and 6 shrubs per 100 linear feet), provides 45 trees (15 deciduous and 30 conifers) and 6 shrub groupings within the same sample segment. In this instance, the ordinance provided significantly more vegetative screening (a 40 percent increase in trees). Richfield Bank & Trust is an example of the buffer yard ordinance's impact on commercial development adjacent to a collector road. City ordinance currently requires trees planted 30 feet on center, or in appropriate groupings, along boulevards. This site plan proposed planting 12 trees (9 deciduous and 3 conifers) and shrubs. The proposed ordinance, utilizing buffer yard B (2 overstory, 4 understory or conifers, and 6 shrubs per 100 linear feet) of 15 feet on the north and 20 feet on the east, provides 18 trees (7 deciduous and 11 deciduous May 19, 1995 Buffer yard Ordinance Page 2 understory or conifers) and shrub groupings. Again, the ordinance proposes a significant increase in the number of trees being provided (50 percent). Oak Pond/Oak Hills is an example of high density residential adjacent to commercial. The approved landscaping plan provided a total of 29 trees (17 deciduous and 12 conifers) in the sample segment. The proposed ordinance, utilizing buffer yard D (5 overstory, 10 understory or conifers, and 15 shrubs per 100 linear feet) 30 feet in width, provides for 51 trees (17 deciduous and 34 deciduous understory or conifers, and 71 shrubs). The ordinance represents an increase in tree planting of 76 percent plus the planting of shrubs. West Village Center is an example of commercial adjacent to high density residential. The approved landscaping plan provided 18 trees in the sample area. The proposed ordinance, utilizing buffer yard E (6 overstory, 10 understory, 20 conifers and 28 shrubs per 100 linear feet) 30 feet in width, provides 46 trees (6 deciduous, 19 understory deciduous, 20 conifers, and 28 shrubs per 100 linear feet). This represents a 56 percent increase in tree planting. While the first three scenarios provide an increased landscape requirement, they meet the intention of the ordinance. However, the fourth example provides a slightly excessive planting requirement. It may be appropriate to reduce the upper end of the landscaping requirements so that our ordinance provides a reasonable yet beneficial amount of landscaping. The ordinance definitely could improve the quantity, and possibly the quality, of landscaping provided in the city. The ordinance is reasonable and relatively easy to understand and administer. Staff is still a little concerned that we may be getting too specific in our requirements. Staff requests that the Planning Commission evaluate the merits of this ordinance. We will schedule the ordinance for public hearing once the Commission directs us to proceed. RECOMMENDATION At this time, staff is requesting that the Planning Commission provide staff with final direction on this ordinance. ATTACHMENTS: 1. Revised Ordinance dated 4/27/95 2. Existing and Proposed (Shenandoah Ridge) 3. Existing and Proposed (Richfield Bank & Trust) 4. Existing and Proposed (Oak Ponds/Oak Hills) 5. Existing and Proposed (West Village Center) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE CONCERNING LANDSCAPING AND TREE REMOVAL FOR TRANSITIONAL BUFFERING BETWEEN USES THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. ARTICLE III. DESIGN STANDARDS, Section 18-61 (a) (5). Landscaping and tree preservation requirements is amended to read: (5) Landscaped buffers around the exterior of the subdivision and adjacent to collector and arterial streets shall be required by the city as specified in section 20-1176 (f). Section 2. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL, DIVISION 1. GENERALLY, Section 20-1176. Intent, scope and compliance, subsection (b) of the Chanhassen City Code is amended to read: (b) Except for buffer yard requirements specified in section 20-1176 (f) below, this artical does not apply to single-family detached residences in Al, A2, RR, RSF, and R4 zoning districts which are regulated by landscaping requirements in contained in the subdivision ordinance (chapter 18). Section 3. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL, DIVISION 1. GENERALLY, Section 20-1176. Intent, scope and compliance, subsection (f) of the Chanhassen City Code is amended to read: (f) Buffering shall be provided between high intensity and low intensity uses and between a site and major streets and highways and in areas where buffering is required by the comprehensive plan. Such buffering shall be located within a required buffer yard. The buffer yard is a unit of yard together with the planting required thereon. The amount of land and the type and amount of planting specified for each buffer yard required by this ordinance are designed to ameliorate nuisances between adjacent land uses or between a land use and a public road. The planting units required of buffer yards have been calculated to ensure that they do, in fact, function to "buffer." (1) Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot or parcel boundary line, except where easements, covenants or natural features may require the buffer yard to be set back from the property line. Buffer yards shall not be located within any portion of an existing public or private street or right-of-way. (2) To determine the buffer yard required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed: a. Identify the proposed land use of the parcel and the land use of the adjacent parcel based on the City of Chanhassen Future Land Use Plan. b. Determine the buffer yard required on each boundary, or segment thereof, of the subject property by referring to the following Table of Buffer yard Requirements and illustrations which specify the buffer yard required between adjacent uses or streets, c. Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses. The plant unit multiplier is a factor by which the basic number of plant materials required for a given buffer yard is determined in accordance with the selected width of the yard. d. Whenever a wall, fence, or berm is required within a buffer yard, these are shown as "structure required" in the buffer yard illustrations. The erection and maintenance of all required structures shall be the responsibility of the higher intensity use. Whenever a wall is required in addition to a berm, the wall shall be located between the berm and the higher intensity use in order to provide maximum sound absorption. e. All buffer yards shall be maintained free from all forms of development or storage of equipment or materials. A ground cover of vegetative or organic material shall be provided. Buffer yards shall be maintained free from junk and debris. Dead or diseased vegetation shall be removed and replaced with healthy vegetation. The responsibility to maintain, remove or replace plant materials shall be that of the landowner on whose property the plant material needing maintenance or replacement is located. TABLE OF BUFFER YARD REQUIREMENTS LUL MD HD OFF MIX COM PUB ACT PASS OFF/ D IND LL/LD A, B C C C E B B A H MD A A B B C E B B A H HD B B A B C E B B A G OFF B B B A B B B B B B MIX C C C B B B C C C B 2 COM E E D B B A C C C B PUB B A A B C E A A A F ACT A A B B B C A A A F PASS A A A B B C A A A F OFF/IND F E E B B B F E E E ROAD B B B B B B B B B C 1. Single-family attached adjacent to single-family detached shall provide a bufferyard. (The land use of the proposed development is across the top of the matrix. The land use of the abutting property is along the side of the matrix.). The land use abbreviations are as follows: L/LD - large lot and low density residential; MD - medium density residential; HD - high density residential; OFF - office; Mix - mixed use; Corn - commercial; Pub - public/semi-public; Act - active park/open space; Pass - passive park/open space; Off/Ind - office/industrial; Road - collector and arterial road. (3) Plant material existing on a parcel which meets the buffer yard planting requirements of location, size and species may be counted toward the total buffer yard plant material requirement. (4) Buffer yards may be used for passive recreation and they may contain a trail provided that no plant material is eliminated, the total width of the buffer yard is maintained, and all other regulations of this ordinance are met. Utility easements may be included within buffer yards provided that the utility requirements and buffer yard requirements are compatible and canopy trees are not planted within said easement. (5) Where front, side and rear yards are required by this ordinance, buffer yards may be established within such required yards. (6) Canopy trees are defined as those trees specified as primary or secondary deciduous trees in the city's subdivision ordinance. (7) Understory trees are defined as those trees specified as ornamental or conifer trees in the city's subdivision ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. 3 PASSED AND ADOPTED this day of , 1995, by the City Council of the City of Chanhassen, Minnesota. Don Ashworth, City Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on ) 4 BUFFERYARD A REQUIRED PLANT UNITS/I00' • 1 Canopy Trees 2 Understory Trees 0 3 Shrubs d Evergreen Trees/ CD Conifers • Plant Unit 100' Multiplier 1 25�' .4 0 • • V c 20, _ 0 .8 15' ' 000 1 1.0 low * 06) cio • 3UFFEYARD B REQUIRED PLANT UNITS/I00' 2 Canopy Trees .l'!s 4 Understory Trees 0 6 Shrubs Evergreen Trees/ Conifers Plant Unit 100' Multiplier 1 .4 30' 0 .6 25'� dd * ' 1 .8 20' AA 80 RI: y 1 .0 15' bil6d =.y: 3UFFERYARD C • REQUIRED PLANT UNITS/I00' 3 Conopy Trees •, 6 Understory Trees 9 Stems Evergreen Trees/ Conifers Plant Unit Multiplier ( 100' Strucnre Reared i • .6 30' s 04,,dd 0_t,,d tr.6j • • 8 25 t_ 1.0 20'1 _PAP as • cbo• Lower intensity Use 4, Higher Intensity Use • 3UFFEYARD D REQUIRED PLANT UNITS/100' _t s 5 Canopy Trees r-= 10 Understory Trees t 15 Shrubs d Evergreen Trees/ 12 Conifers Plant Unit 100' Strucnre Multiplier Rearmed •30' pi: cf5D0 0?rig: ('��1t st wagit /rim � • ,.1=1025' k,6014' stt 0.01W: • 20' 1g "'eu4l1 Pt1-� zr••� 4e. , .p 'tom r��r�rr IS V •�•.vi4�J•:'tt.��:.'�ss, ,-R_1 -1,.. iiroA Lower Intensity Use • F3 Higher Intensity Use 3UFFEYAD E • REQUIRED PLANT UNITS/I00' 4 Canopy Trees =yt 6 Understory Trees 24 Shrubs Plant Unit 100. Structure 12 Evergreen Trees/ ® Mdtiplier I Required Conifers 1 _1...c c d .6 40' ift ;W. r c ' a-1#.r . ►.'� •:_(r p i db 131 .8 30� '.ns 4/. `cl aa 7. aoricilir I .O g � «- 41.1001 x-��-tan i '��'' e(4. • .. i d 41•1441.Y. • .75 2-0-1-- v1/4. • • Lower Intensity Use al - .7 5 .M s-ii•� t4 F4 Hiller Intensity Use 3UFFERYARD F REQUIRED PLANT UNITS/100' 5 Canopy Trees r16 7.5 Understory Trees e 30 Shrubs �3 15 Evergreen Trees/ fl Conifers Pont Uric 100' Structure Multiplier 1 Required 1 1 + sat f:g .6 50' v t'^-4 s ®: :i`� pciD Or �!'y e—r F r N� 3 82 1 .0 30' 'r � is �44�� • rr��i i or F4 Lower Intensity Use V.1 MINNT tiiT�i'ii'iir�1�� ' � 'Y� '= F -� .6 20' %� �- . wt•: 5 Higher Intensity Use 3UFFEYADG Plant Unit100' i. Structure Multiplier Required REQUIRED PLANT UNITS/I00' i . 6 Conopy Trees ��y ��d .$ . 00 �?r 9 Understory Trees . �� il�0' a 6 75' d 36 Shrubs d '1.' :.l$• J wd .402 �d moi` 18 Evergreen Trees/ g ® 0600 Ccnifers ` too' it a ®0 apt 9 '' =i' a II �- t0:tiv.e © 8 so' or► 10 4 MI 1,467 40, e., • a .z441.....a,017r....azott..4 ? 411P. it d .ti • !• 71 Cl) 0, 4 04 o p�� `� 4-© 0 -� 40' l � - :Q ApieAL. As0. jF iSIONSAttgaL,- to-NJ! F4 � •t - .�-4_,a. .00%1 Ai ♦ ♦�-.:� •?tee: ,•ji c-z Sr� ` S-.19.3 , i! +0-"ala 5 • =7 Lower Intensity Use T a la•_:„;:- as •„. •=� i s•►.t .4 -iiaivale i m 6 Higher Imes ity Use _ . _ .. ,.. 3UFFEYAD H REQUIRED PLANT UNITS/100' 8 Canopy Trees At Y- 12 Understory Trees 0 Plant Unit Structtre rN1 dtiplier 100' Required 48 Shrubs d I 24 Evergreen Trees/ a / Conifers .11//d ..r.,0 0d @ CI a �_. r.:� 7s .. 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I " • -", :,::...: ,-..:' --.-. • • • • - 8 t - c__,,_ • •• , - ,.!--Tgv-rwAsir I I CHANHASSEN PLANNING COMMISSION REGULAR MEETING MAY 3, 1995 Chairman Mancino called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Ron Nutting, Ladd Conrad, Nancy Mancino, Mike Meyer, Bob Skubic, and Jeff Farmakes MEMBERS ABSENT: None. STAFF PRESENT: Kate Aanenson, Planning Director; Sharmin Al-Jaff, Planner II, Bob Generous, Planner II, Dave Hempel Assistant City Engineer. PUBLIC HEARING: PRELIMINARY PLAT OF 7.29 ACRES INTO 34 LOT SINGLE FAMILY TOWNHOMES AND SITE PLAN REVIEW FOR 9 BUILDINGS OF 3 AND FOUR PLEXES LOCATED ON PROPERTY ZONED PUD AND LOCATED EAST OF POWERS BOULEVARD. JUST SOUTH OF LAKE SUSAN HILLS DRIVE. LAKE SUSAN TOWNHOMES 1ST ADDITION. JASPER DEVELOPMENT CORPORATION. Public Present: Name Address Kelly Schulte 8420 West Lake Drive Doug & Jackie Jacobson 1121 Dove Court Anne Graupmann 8400 West Lake Drive Don Ketcham 8380 West Lake Drive Kirby Paulson 8410 West Lake Drive Marty Campion Otto Associates Jim Jasper Waconia, MN Jay Jasper Waconia, MN Sharmin Al-Jaff presented the staff report on this item. Mancino: Any questions for staff at this time? Okay, thank you very much. Is the applicant or their designee wish to address the Planning Commission? Larry Harris: My name's Larry Hams. I'm Jasper Development's attorney. I know some of you and some not. There are some new faces since the last proposal was before you. This development has been nominated the Lake Susan Hills Townhomes. By and large it's identical in terms of...market and interior features to the Prairie Creek Townhomes, which Jasper also developed and built. Those units are the units that are on the north side of Lake Susan Hills Boulevard. Obviously Jasper's also the developer for the third medium density parcel situated in the Lake Susan PUD which is the twinhomes known as Power Place on the west side of County Road 17... Because this is essentially a repeat of a project the Planning 1 Planning Commission Meeting May 3, 1995 Page 2 Commission and the City has seen before, I'll attempt as much as possible to short circuit the presentation. I think the quality of the units is well known. The sizing is going to be consistent with what you've seen before. Retail price point, probably between $175,000.00 and $225,000.00, depending on how the units are finished. My client has met with the staff on several occasions and has, by and large agrees with the staffs recommendations. I'd like to highlight just some areas for consideration and then I'll turn the presentation over to Marty Campion, Jasper's engineer for the project. First of all Jasper does agree with staff. We think the 35% impervious surface is achievable and based on the calculations, we find that reasonable for this project. There are, at least from the developer's point of view, four issues which we think need to be addressed with the Planning Commission. Marty Campion will deal with all of those because they're really engineering issues. Staff raises a legitimate concern. It's also a concern that was raised on the Power Place development on the west side of CR 17 concerning having sump pumps discharge directly into the storm sewer. It creates icing problems on the street and legitimately we'd like to avoid that. Jasper acknowledges that that is a concern. However they don't, Jasper doesn't necessarily see the need to install drain tile beyond curb cuts. But my approach, what our review will show you is that sump pumps for these units are all going to discharge out the rear. Not out the front. So these units, the drainage and flow will naturally come down, and there are some changes Marty Campion will explain, with all of these units here, the discharge is going to be away from the streets anyways. It will be the same on this property where it will come away from the street and what the developer is proposing is that the site grading plan will show swales through this property, taking the drainage up to a catch basin not located in the street, but located internally, to deal with that situation. We would also propose as a means of dealing with that, of course the City wants assurances that sump pumps aren't running out the front yards into the streets. It seems to be an issue that we can pretty easily deal with first of all in the developer's agreement, but we would also incorporate it in the restrictive covenants that we're going to have to put in...such as this indicated that the requirement that all sumps discharge out the rear. What we're suggesting, if the developer is sensitive to the problem but has another solution. The location of the storm water pond is an issue that Marty Campion will deal with in greater issue and the storm water pond is a great issue. It's more the NURP pond, the creek before it reaches the water the storm water pond, and a primary issue is the need to provide increased treatment of drainage for the old Lake Susan Hills 2nd Subdivision. Mr. Campion will talk about that and we'll explain how the model has been reconfigured slightly since it was...excuse me. How the development's been reconfigured slightly... Staff raises some site grading concerns that the developer does have a significant problem with. There is a rise that exists in this part of the property. It's going to have to be removed for access. Staff has concerns that the developer will be grading back in this area to create additional walkouts. That's not really the case. Mr. Campion will explain, which goes through, the plans show that we're not grading, the developer's not grading to create walkouts. They're following the natural topography. There's a significant amount of grading, the grading that occurs right along the interest of the development at Lake Susan Hills. That area is going to have to be reduced probably 5 to 6 feet so it is not going to create walkouts in that area anyway... The last issue is number 26 in the recommendations. Staff has indicated 2 Planning Commission Meeting May 3, 1995 Page 3 that they have an objection to the lot lines for the individual lots extending into, essentially extending into what I'll call the rear yard setbacks. This is an issue that is, it came up in both Powers Place and also in the development for Prairie Creek. The issue becomes, in order to address concerns of the city's zoning ordinance, the city's inspection department, that overhangs are all within lot lines. That is that certain windows have to be, cannot extend any closer than 3 feet to a lot line. And garage overhangs, the eaves off of a garage, according to your city inspection department, must exist within lot lines. The lot lines get expanded but obviously the developer is not building within the setback. It's nothing more of an issue than extending lot lines into the setback. It's no different than, when a single family development comes in, the lot lines run to the rear of the property. There are setbacks that can't be built into and that's the exact situation here. The developer will covenant both in the plat and the development agreement, that there is not going to be any building in the setbacks but in order to deal with code interpretation issues, we need the flexibility to have lot lines extend within the setback and we would submit that that is really no different than any single family development. The other I think 22 points that staff has raised, the developer is in agreement with. The developer has worked with staff pretty intensively on this project and I think it shows in the fact that there are, what we perceive are relatively few issues to discuss with the Planning Commission. At this point I'll turn it over to Marty Campion. Mancino: Thank you. Marty Campion: Good evening. My name is Marty Campion. I'm an engineer with Otto Associates, the project engineer for Jasper. As mentioned earlier there have been some revisions to the site plan. I reduced a copy of the revised site plan, revised preliminary plat and that's the same plat that Sharmin has shown on the overhead. What I would like to discuss are some of the engineering concerns that staff had raised. In particular concerns with the grading. Generally the site is accessed from two points, here and here. As Larry had mentioned, there's a significant elevation difference between this area right in here and the perimeter of the site back along here. What we're proposing, in order to access the site from both points, is to cut the knob off and we're proposing that just to provide safe access. There's approximately a 10 to 12 feet difference in elevation from the street to the top of the knob, so to provide access to the units, we have to shave the top of the hill off. And what we're proposing to do with that material is grading off of that, is to fill in the front sides of these pads along here. And in doing so we create walkouts along the back. Along these two sides. The walkout elevations, the walkouts, all walk out to the existing elevations so we aren't filling the pads just in order to create walkouts. What we're trying to do is to balance the material on the site as much as possible. We still have some access material that's going to have to be removed, which we'll address some of that in berms along Lake Susan Hills Drive and berms along County Road 17. The other concern that we have, if we can't build up this area, is we end up putting the, we end up getting the basements deeper than what we're proposing and we have a 100 year water elevation that's a concern of our's with the pond. We have to keep ourselves or keep the basements at least 3 feet above the 100 year elevation and we're doing that with the walkouts. Another concern that staff had mentioned 3 Planning Commission Meeting May 3, 1995 Page 4 and we attempted to address in the revised plan was a NURP pond or a treatment pond to treat the runoff that's coming from the 2nd Addition here. So what we're proposing is a NURP pond that is shaped something like this that would address the runoff coming from off site and treat it prior to discharge into this wetland. Again the grades are such that all our grades are going downhill from a high point here and we're grading along like that. It's impossible without considerably cost to run storm sewer through that point and still provide a pond that can outlet into the existing wetland. So what we're proposing in addition to that pond, which the sole purpose of this pond is to treat runoff from that area, is a smaller, revised pond than what was shown originally in this area to treat the runoff from the townhomes. There was some concern with the safety and the location of that pond. What we're doing is, we've modified it somewhat. The grades for the first 25 feet off the property line aren't proposing to change at all. So if there was a concern, it should exist today. I don't know that it is a concern given those modifications. So the current plan shows two ponds. One in this location to treat the runoff from the proposed development, and a second pond in this location which will treat the runoff from the 2nd Addition there. The other item that Larry had touched on was the drain tile, and given that these units are all walkouts, we're proposing to outlet the drain tile into the swales to grade or at existing grade and it will run, in these cases, it will run to the pond. In this case it will run south. Where we have the interior units that aren't walkouts, this unit, this unit and this unit, they aren't walkouts. What we're proposing to do is provide overland drainage through these units to a catch basin down here. So these units would outlet their drain tile to the rear of the building. It would flow overland to a catch basin here and that catch basin would be graded in such a manner that it wouldn't allow for drainage to get into either Lake Susan Hills Drive or the private streets. Thus eliminating the concern of icing of either of the roads. I think we've touched on the issues, or attempted to address the issues that were a concern of staff's based on our initial meeting. If there are any questions either from staff or the commission, we'd be more than willing to address them. Mancino: Any questions for Mr. Campion? Thank you. I think Dave we'll ask you to respond to the drain tile relocation and the grading and also the two sediment ponds. Hempel: Thank you. Four issues that were brought up... Sump pump discharge. The city is more concerned about the draining of sump pumps and the sanitary sewer line which would cause additional sanitary sewer water to be treated. Typically what happens with sump pump discharge, it is discharged in the back yard. The neighbor downstream gets the water...pretty soon has a wet back yard... That's the primary reason for a drain tile system. We've also incorporated in the street systems to help with the street drainage... These streets are proposed to be private. Not maintained or owned by the city. Our concern though is...There may be an alternative to run one single drain tile from the back yard and these sump pumps to tie into... As far as the site grading goes, my initial concerns is with regards to the previous... This proposal here before you tonight does reduce the grading... So I am comfortable that these lots can be graded with walkout type homes... One of the concerns I do have however is with the storm ponding on a two pond system. I believe that the storm ponds could be 4 Planning Commission Meeting May 3, 1995 Page 5 • relocated to the southerly portion of the wetland as shown on the sanitary storm sewer pipe... An opportunity for the city to pre-treat some more storm water that currently goes into the wetland... In regards to, he covered 26. I guess I can't address that point in regards to lot line encroachment... Al-Jaff: We basically tried to avoid a situation that took place with Prairie Creek townhouses and what had happened as the applicant mentioned was a deck or porch encroached into a setback. If we do not allow any of the lot lines to encroach into the required setback and if the building code required an additional 3 foot setback from the property lines to a building, a structure, then you're guaranteed that those buildings will not encroach into a required, we're not going to create an variances in the future. Aanenson: Let me just maybe make it a little bit more simplified. The issue we had with Prairie Creek is there was never an expectation that there would be three season porches on there. There was enough setback that they could put them on there so because the ordinance allowed them to put a porch on and still meet the setbacks, the developer did. I think the expectations from the neighbors was what was represented to show a certain facia and then all of a sudden the three season porches went on so what we're saying is we want to make sure that they are going to put them on. That the setback is known now so people understand what they will be seeing from the backs of their homes. So we just want to make sure that that's clear now and not have that same issue arise. Mancino: Thank you. Any questions from the commissioners to either Dave or Sharmin? Thank you. Farmakes: I have one question. Do you feel that you've had sufficient amount of time and notification of what these questions were tonight? Hempel: We've met with the applicant previously to go over these matters... Farmakes: Okay, thank you. Mancino: So you feel comfortable being on the spot, as it were, tonight in dealing with it? Anyone else from the applicant that would, are you finished? Okay. Larry Harris: Oh I think just on the setback issue. I think I hear what staff is saying. That issue we can deal with. It may have to be... if the concern is making sure that we know exactly where porch lines are going to be and that, that's a plat issue that I think we can work out without any difficulties now that we understand that. And in terms of the tiling issue, it just sounds to me like that's an engineering issue that we can work out. Mancino: Thank you. May I have a motion to open a public hearing. 5 Planning Commission Meeting May 3, 1995 Page 6 Nutting moved, Farmakes seconded to open the public hearing. All voted in favor and the motion carried. The public hearing was opened. Mancino: The public hearing is open and anyone like to come up and address the Planning Commission. Please do. Come up. State your name and address. Kirby Paulson: My name's Kirby Paulson. I reside at 8410 West Lake Drive. There have been some concerns through the neighbors. The first one is the street, and the mess left on it. When they first built the addition on the other side, on the north side of West Lake Drive, or Lake Susan Hills Drive, they told us, the neighborhood, that they'd keep it clean and ever since they started there, I don't think there's been a day gone by it has been clean. We had a neighborhood meeting here a couple weeks ago, as they brought in this plat and they said they were going to keep it clean at that time because they had just gotten done making a mess and it still hasn't been cleaned up from two weeks ago. If you go there right now, it looks like a mess. If it rains, it's even worse. I guess at the time of the neighborhood meeting people were concerned then and Jasper said that they would keep it clean and they haven't. That was one of the concerns that we're afraid if they start building on the south side of Lake Susan, it's going to get worse. To deal with that, there's two pictures here that deal with also the mess of construction material. And I came home today and I looked out my back door to this open field that they were going to develop and all there was was paper and debris from everywhere. That's not really nice to look at and I'm not real pleased about going in my back yard every other day and picking up building materials. I don't think that's fair to any of the other neighbors around there and the person, the other person that lives behind this first development that had the big deal about the variance, he couldn't make it but he had the same problem and those were the pictures he took. The mess that's being left. I did have a question about the slope from being in the back. Would you turn that on please? They had said there was going to be a 3:1 slope. I guess they changed the roadway here. It used to come here and they said it was going to be a 3:1 slope. I guess the question I have now is just how close to the property line they are going to be. This is a natural drain in here that goes into the pond and I've lived here for 4 years and we haven't had a problem yet. I guess...townhomes that have a walkout there, I just want to make sure that they're not going to be that close to the right-of-way and have to go into a variance like they did on the other one and was such a big hassle about it. Mancino: Can Dave, can you answer that? Hempel: As far as building setbacks for the site, they're 25 feet from the rear property line...there is a 20 foot wide drainage and utility easement in the back yard here for drainage. Mancino: And that will stay and nothing will be destroyed? Hempel: That's in the general vicinity where the pond in the plat will be placed... 6 Planning Commission Meeting May 3, 1995 Page 7 Kirby Paulson: Okay. And also they're backed up on the south side of that, right up to the park. We want to make sure that there's no way they're going to destroy the park. The Cub Scouts were in there last weekend and planted over 100 trees. We want to make sure they're not destroyed. And I guess I had another question. When we first moved into that development. Mancino: Can you tell us where the 100 trees are? Which end of the park? Kirby Paulson: Okay. Joe Miller, when he bought part of this property he donated park property. I think there's 5 acres which sits right here. Prairie Knoll Park. And the Boy Scouts were in there and they planted over 100 trees in that area. I just want to make sure that it's not going to get destroyed. They were just done last weekend. Mancino: They were getting destroyed? Al-Jaff: I don't think they will be impacted. Mancino: Okay. There won't be any construction equipment. Nothing will be in that park area. Kirby Paulson: Make sure they put up some kind of silt fence to make sure that it doesn't get destroyed. And then also I know if, since Jasper's going to finish developing that, if they're going to do anything within that park, it was donated and we were told at the time that when everything was developed that someone somehow that park would be developed. Whether it was going to be both developments were going to take on that or that had to go right to the Park Department and go through that. Mancino: Park and Recreation Commission. Kirby Paulson: Okay. We just don't want to lose the park or we want to see it developed and the other half of Joe Miller development... One other question I had. On the south end of Lake Susan, which is here. I guess this is also for the Planning Commission. They had a sign put up, Joe Miller put up a nice sign and I want to know if Jasper's going to do anything for the other, on the north entrance since it is pretty much one development, or they're... Mancino: Sharmin, is there going to be any sort of a monument sign? Kirby Paulson: Do they have anything proposed for that? Al-Jaff: Nothing was proposed. 7 Planning Commission Meeting May 3, 1995 Page 8 Kirby Paulson: ...so I had a question about it. And also, one other question that was brought up. Is there any way a temporary entrance could be put in off of County Road 17 so we don't get any construction traffic on Lake Susan Hills Drive, or not? Marty Campion: Sometimes going through the County is very hard. Hempel: On Powers Boulevard there is County Road 17 which is under the jurisdiction...as you know on Powers Boulevard, the speed limit exceeds 50 mph. Kirby Paulson: Not right now. Hempel: Well. Kirby Paulson: Not yet anyways. Hempel: Well the hazard... Kirby Paulson: That's all I had. Mancino: Okay, thank you. Anyone else like to come up? Kelly Schulte: Hi. My name is Kelly Schulte. I'm at 8420 West Lake Drive and I was concerned with on the Jasper Development. If they could put their road in before they build because of the mud and the construction and the mess and the crews standing out in the middle of the road when we're going to work and not...and being that we moved into that development with the road finished until...is it possible that Jasper could put the roads in before they're built? Hempel: One of the requirements is from a public safety standpoint to have a hard surface or to serve for a 7 ton design for emergency vehicles to access the site should...or fire or whatever. The city's policy has been in the past that we allow one model home to go in adjacent to a hard surface. The remaining buildings have to wait for the 7 ton blacktop. Mancino: So they will be put in. Kelly Schulte: The roads will be put in then before the buildings are in? Hempel: There will be one building. One model home. Mancino: There will be one model home. Kelly Schulte: And the model home will be where? 8 Planning Commission Meeting May 3, 1995 Page 9 Hempel: Adjacent to Lake Susan Hills Drive. The first unit in. Kelly Schulte: The first unit in. Could you go in further? Hempel: No. Kelly Schulte: Okay. How many trees will be built inbetween the townhomes and the homes...border and how much of those... Al-Jaff: This is the landscaping plan. Berming will be put in along the easterly portion of the site as well as along CR 17. We also have some along Lake Susan Hills. Kelly Schulte: What kind of trees will they put in? Al-Jaff: We have a mixture of evergreens, basically deciduous and I think those will... Kelly Schulte: ...they plant them and then they die...some of them are dead. If the neighbors don't take care of them, they're... Marty Campion: This is an irrigated site so as far as plants and... Kelly Schulte: Yeah. I guess I'm a little concerned because that...sewage drainage, there's a lot of drainage there and...make sure that the berm is high enough... Hempel: It will continue to do that. Their drainage... Mancino: Thank you. If you could continue that after the meeting and meet with staff. Thank you. Anyone else like to come up? Don Ketcham: Could you put that overhead up? My name's Don Ketcham. I live at 8380 West Lake Drive, which is about the fourth lot from Lake Susan Hills Drive. My only concern about this, when we attended the meeting 2 weeks ago, two concerns. Number one, they did talk to us about cleaning the streets and I've not seen any progress in that whatsoever and as Kirby said, we feel lucky we haven't had a lot of rain. When it does rain, it's a mess there. And we've seen no progress to take care of that. The other thing, I wasn't aware that there was going to be a couple of small drainage spots within there and my only question is on the one right off Lake Susan Hills Drive, if that is a shallow pond, that's going to be, I'm just wondering if there's any plans to landscape or use rock around that. Otherwise it's just going to be a mud hole and all of our traffic, all of us who live there, come in that road. We'd like to have that looking as nice as we can without having to have an eyesore and just a swamp there. A little pond is very nice. But my concern is a very small drainage pond like that, if it dries up and...wondering if there's going to be rocks around it or any kind of an attempt to keep it being other than a mud hole? 9 Planning Commission Meeting May 3, 1995 Page 10 Mancino: Dave. Marty Campion: ...proposed landscaping between it and Lake Susan Hills Drive. There's tree planting... Hempel: On storm water ponds we do... Mancino: And we can ask for vegetation around the pond to be planted. Hempel: We usually have grass... Mancino: Thank you. Anyone else? Anyone else wish to address the Planning Commission? May I have a motion to close the public hearing? Farmakes moved, Nutting seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Mancino: Now that the public hearing is closed, please there will be no comments from your chairs. If one of the commissioners or if the staff wish to address you, they will address me and then I will address you so with that, I'd like to hear comments from the commissioners. Mike. Meyer: Dave, there's going to be a berm along the southerly side as well as the easterly side of that development? Hempel: No. There will be berms eventually along Powers Boulevard, which is the west side and some berming along Lake Susan Hills Drive. The easterly...site does slope off from the site there. Meyer: I had my directions mixed up. Mancino: Any more questions? Meyer: That's all I had. Mancino: Jeff. Farmakes: I have no questions with regards to the development itself or the staff recommendations. The one question I do have, the comment I do have is that the issue of site clean-up should be addressed at this point. But I, for the life of me cannot remember what our standards are for that issue. If we have established standards, which I believe we do. But I can't. 10 Planning Commission Meeting May 3, 1995 Page 11 Mancino: Do we have standards for site clean-up for the streets? Hempel: We do require rock construction entrances to minimize tracking onto city streets. But weather conditions...in the city, we've had problems this spring with dirty streets...hire somebody to do it, to clean the streets unless the private developers can find a way to do it... The city does require the developer to clean up storm sewer lines and storm sewer ponds... Farmakes: I'm going to support staff's issues on the issue of the drainage and the NURP pond and code issue, number 26. I'm okay with the grading issue as described by our engineer and no further comments. Mancino: Okay, Ladd. Conrad: There is not a sidewalk on Lake Susan Hills. Mancino: Is there on the north side? Conrad: Is there on the north side? I think other than the resident issue with the maintenance of the streets, I think I'll support the staff report. Ask the applicant to work with the staff on the issues that they had concerns with but I'll let the staff report go through pretty much as worded, unless staff would like any changes based on what they've heard tonight to the report. I'm comfortable with the impervious surface going up to 35%. I think that makes sense. I don't think we're gaining anything by holding the developers to less than that. My only other issue is the back of the building. Design wise. It is real routine. Real, and I thought we asked to change that. So that's the only issue that I see that's real straight forward. I just think we need some, I'm not sure that color. I think they solved the street side. I'm pleased with the street side. That was a good job. I'm not pleased with the back side. At least from the elevations that I've been given, no one tried. Mancino: Ron. Nutting: In general I'm also in support of staff recommendations. You know I guess a few issues. The impervious surface. Again, I'm okay with the 35%. The sump pump drainage. Having some experience myself with that, I agree with staff that resident re-direct is a very strong possibility there and I think there needs to be some consideration given for that. It sounds like the applicant is in some agreement in working with an engineering staff to accommodate that. Maybe with drain tile and with the art situation. The grading does not sound like there is an issue anymore from the staff perspective and the ponding system looks like it will need some work in the direction of staff recommendation right now. And I also support the lot line issue for the reasons that staff is, what they're trying to avoid. It looks like that issue should be worked out with the applicant as well so aside from staff working with the applicant there as well as good faith efforts of the party in terms of addressing the 11 Planning Commission Meeting May 3, 1995 Page 12 neighbor's concerns and keeping the area as reasonably clean as they can during the construction period, which is sometimes difficult. That would be my main concern. Mancino: Bob. Skubic: I'm in agreement with the other commissioners regarding the impervious, 35% impervious surface requirement and the grading. I'd just like to reiterate that I also agree with engineering regarding the sump pump alterations. I agree that something will have to be done that is agreeable to staff... Mancino: Thank you. I would just like to add a couple comments. One is that, which has nothing to do with mine but simply the paper and the debris all over. That that be, we have in our conditions and that that be picked up on a weekly basis, whatever and that area be maintained from that debris. Secondly, when I saw your townhomes on the north side of Lake Susan Hills, I liked them. They looked great. One of the variations that you did there that I don't see here was what you did with the brick. On some of the townhomes the brick went up. It didn't stop halfway but it went up all the way at the front of the townhome. I mean there was just a variation in the use of brick and how much of it was used and I thought that that helped quite a bit to show, have a difference in the townhome look so I would like to see that also happen across the street. Marty Campion: Can I just answer that? We're working with stone, variations of stone... We're not going to have the brick, brick, brick. We're going to have different kinds of stone. I think you'll see more variation in unit to unit already. We just thought that there needed to be differences from across the street and more variation than just colors of brick and heights so we make the stone. I think that that will accomplish that. Mancino: Okay, thank you. And lastly, I would just like staff to make sure on the landscaping that the, that they are consistent with our tree preservation ordinance as far as average. What the average height of coniferous trees at 7 feet and the average caliper is 2 1/2 inches so we get some varying in the landscaping too, which I think will also help to break up the monotony of the townhomes. That's it. Do I have a motion? Hear a motion. Farmakes: I'll make a motion that the Planning Commission approve the preliminary plat for 7.29 acres into 34 lots and an outlot, PUD #87-3 and Site Plan Review #95-7, approval of 34 units in 9 structures as shown on the plans dated March 20, 1995 and subject to the following conditions. 1 thru 27 and I believe, and staff can correct me on this but I believe (b) covers the issue of grading. On 23. Al-Jaff: Yes. Hempel: We can modify it to the applicant shall work with staff at minimizing site grading. 12 Planning Commission Meeting May 3, 1995 Page 13 Farmakes: So be it. The applicant shall minimize site grading to minimize the amount of earthwork to create building pads. This may result in limited type of dwellings to ramblers and/or lookohts on the east and south ends of the project. I'd like to add 28. That the applicant shall work with city staff in establishing criteria for site clean-up and that some sort of system be worked out to insure that that clean-up is complied with. Meyer: Second. Mancino: Any discussion? Farmakes moved, Meyer seconded that the Planning Commission recommend approval of the preliminary plat of 7.29 acres into 34 lots and one outlot (PUD #87-3) and Site Plan Review #95-7 for approval of 34 units (9 structures) as shown on the plans dated March 20, 1995, and subject to the following conditions: 1. Amend the PUD contract to state the impervious surface coverage of the site cannot exceed 35%. 2. The townhome units shall conform to the design and architecture as proposed by the applicant in their attached narrative. Introduce some variation among the rear of buildings through the shape of windows, adding louvers, adding dormers, or color. 3. The applicant should submit a street lighting plan for staff review and approval. A lighting plan shall be submitted for the interior private streets. 4. A cross access easement shall be conveyed to all the lots for use of the private street. 5. Park and trail dedication fees shall be paid in lieu of park land dedication. The PUD contract requires no trail fees and 1/2 park fees. 6. Plans shall provide one visitor parking space per 6 units. 7. A revised landscaping plan shall be submitted which provides berming along Powers Boulevard (CR 17) and Lake Susan Hills Drive. The agreement also states that the applicant shall provide $500.00 of landscaping per multiple family unit. The applicant shall provide the city with a cost estimate for the required landscaping. 8. Fire Marshal conditions: a. Install "No Parking Fire Lane" sign on all private roads in compliance with Fire Prevention Policy #06-1991 (copy enclosed). Contact Chanhassen Fire Marshal for exact location. 13 Planning Commission Meeting May 3, 1995 Page 14 b. Submit proposed street names to the Public Safety Department, Inspections Division for review prior to final plat approval. The plat must be revised to include the approved names after their review. c. Fire hydrant changes - contact Fire Marshal for additional fire hydrants and their specific locations. A 10 foot clear space must be maintained around fire hydrants. An additional fire hydrant shall be installed at the new "T" intersection. The remaining fire hydrants shall re relocated with equal spacing. Fire hydrants shall be placed a maximum of 300 feet apart. Contact the Chanhassen Fire Marshal for exact locations. 9. Building Official conditions: a. Submit soil reports to the Inspections Division. This should be done prior to issuance of any building permits. b. Furnish details on each size of dwelling unit. These details should include exterior dimensions, overhangs, exterior openings and proposed optional additions. Designate which unit will be constructed on which lots. These details must be supplied prior to preliminary plat approval. 10. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 11. All utility improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed utility plans and specifications shall be submitted for staff review and approval. The streets shall be constructed in accordance to the City's private driveway ordinance for multi-family zoning (Ordinance No. 209). Radii at all intersections shall be 20 feet. The street width shall be widened to 26 feet from back of curb to back of curb. Issuance of permits and inspection of the utility lines will be performed by the city's Building Department. The streets and utilities, except the ponding areas, storm sewer outlet and pipe systems, shall be owned and maintained by the homeowners association. The applicant will need to incorporate cross access and maintenance agreements in the homeowners covenants to provide access to all the parcels. 12. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant 520.00 per sign. 14 Planning Commission Meeting May 3, 1995 Page 15 13. The applicant shall provide detailed storms ewer calculations for 10 year and 100 year storm events and provide ponding calculations for stormwater quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed pre-developed and post developed stormwater calculations for 100 year storm events and normal water level and high water level calculations in existing basins and individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. 14. The applicant shall enter into a site development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 15. Applicant will meet wetland rules and regulations as stated in Corps of Engineers section 404 permit, the State Wetland Conservation Act, and the City's Wetland Ordinance. 16. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County Highway Department, Watershed District, Metropolitan Waste Control Commission, Health Department, and Minnesota Pollution Control Agency, and comply with their conditions of approval. 17. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from the units which are not adjacent to a storm pond or wetland. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re-locate or abandon the drain tile as directed by the City Engineer. 18. The appropriate drainage and utility easements should be dedicated on the final plat for the ponding areas lying outside the right-of-way. The easement width shall be a minimum of 20 feet wide. Consideration should also be given for access for maintenance of the ponding areas. 19. No berming or landscaping will be allowed within the right-of-way or utility and drainage easements without approval by the city and the applicant shall enter into an encroachment agreement. 20. The lowest floor elevation of all buildings adjacent to storm water ponds or wetlands shall be a minimum of 3 feet above the 100 year high water level. The proposed stormwater treatment pond shall be relocated to the south end of the wetland. 21. The proposed storm water ponds must have side slopes of 10:1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety 15 Planning Commission Meeting May 3, 1995 Page 16 purposes. The pond shall be sized to accommodate the storm runoff from Lake Susan Hills West 2nd Addition which drains into the wetland from the south. 22. Water quantity and quality connection fees will be based in accordance with the City's SWMP requirements. Credit for SWMP fees will be evaluated at the time of final construction plan review. 23. The final grading plan shall be revised to incorporate the following: a. Relocation of the stormwater treatment pond to the south end of the wetlands. The stormwater treatment pond shall be expanded to accommodate runoff from Lake Susan Hills West 2nd Addition. The applicant shall be credited against the storm fees for the over sizing of the stormwater pond. b. The applicant shall work with the staff on the site grading to minimize the amount of earthwork to create the building pads. This may result in limiting the type of dwellings to ramblers and/or lookouts on the east and south ends of the project. c. The drainage pattern and site grades adjacent to Powers Boulevard shall be compatible with the future upgrading plans for Powers Boulevard. d. Berms shall be incorporated around the perimeter of the site adjacent to Powers Boulevard. e. Grading shall be eliminated within the wetland buffer strip areas. Erosion control fence shall be placed outside of the buffer strip. 24. The street pavement design shall be reviewed and, if necessary, redesigned by a professional soils engineer after review of the subgrade. The applicant shall submit to the City written documentations from the soils engineer that the street design will meet or exceed a 7 ton design. 25. The utility construction plans shall be designed to extend sanitary sewer for the entire site from the existing stub provided in Lake Susan Hills Drive. 26. Many of the proposed lot lines encroach upon the building setback line. The lot lines should be modified to avoid encroaching into the building setback areas. No decks or any portion of the dwellings may encroach into the City's drainage and utility easements. 27. Upon completion of the utility improvements, the applicant shall supply the city with as- built construction plans. 16 Planning Commission Meeting May 3, 1995 Page 17 28. The applicant shall work with city staff in establishing criteria for site clean-up and some sort of system to insure clean-up is complied with. All voted in favor and the motion carried. (Insert Lake Lucy Estates portion of Minutes here.) Lake Lucy Estates final discussion begins at this point. Al-Jaff: Can you give us some direction as to how do you feel about 5 homes being served via a private drive? Is it something that should be incorporated into the plat? Conrad: Yeah. I'm going to talk I guess for a second. I think if it can environmentally work with this property, I think we're going to bend to make it environmentally happen. So I don't care if it's 3, 4, 5, 6. I really don't. If we can make this, if we can preserve something of what's there, then we do. If we can't, then we don't. Then we apply the ordinance. So that's you guys. Mancino: Ron, do you have a comment on that? Nutting: I was going to go along the same lines. To me I guess the answer is, put it on paper. If we think it's going to make this site work better than it is right now for consideration, I will look at it. Mancino: I would also endorse the elimination of as many 20 foot variances to front yard setbacks. That was one of the things that I supported the staff sketch on that one. The reduction of those. Otherwise I have no new comments. May I have a motion? Nutting: I'll make a motion that the Planning Commission table the rezoning of 14.53 acres of property zoned Rural Residential to Residential Single Family, Preliminary Plat #95-3 to subdivide 14.53 acres into 18 single family lots and three outlots with variances, as designated in the staff report. Conrad: Second. Mancino: Any discussion? Nutting moved, Conrad seconded that the Planning Commission table action on the Rezoning of 14.53 acres of property zoned RR, Rural Residential to RSF, Residential Single Family (REZ #95-1), and Preliminary Plat #95-3 to subdivide 14.53 acres into 18 single family lots 17 Planning Commission Meeting May 3, 1995 Page 18 with three outlots, for further review. All voted in favor, except Farmakes who abstained, and the motion carried. Mancino: When can we bring this back? Al-Jaff: On the 17th and hopefully we will get revised plans by Monday. That would give us a week of working on those plans. Mancino: So Mike needs to get you revised plans on Monday, okay. Thank you. PUBLIC HEARING-OLD BUSINESS: REZONING REQUEST TO REZONE 16.34 ACRES OF PROPERTY ZONED RR, RURAL RESIDENTIAL TO RSF, RESIDENTIAL SINGLE FAMILY, PRELIMINARY PLAT OF 16.34 ACRES INTO 19 SINGLE FAMILY LOTS AND A VARIANCE TO ALLOW A 50- FOOT WIDE RIGHT-OF-WAY LOCATED SOUTH ON LAKE LUCY ROAD (1471), LAKE LUCY ESTATES, MICHAEL BYRNE. Public Present: Name Address Alan Weingart 5330 St. Albans Bay Road, Shorewood (Lake Lucy Peninsula) Joe & Gayle Morin 1441 Lake Lucy Road Nancy Tichy 1471 Lake Lucy Road Mary Knudten 6850 Utica Terrace Ed Jannusch 6831 Utica Terrace Bill & Joanne Lambrecht 6990 Utica Lane Dale Carlson 6900 Utica Lane Michael J. Byrne 5428 Kimberly Road, Minnetonka Robert R. Christensen 1511 Lake Lucy Road Sharmin Al-Jaff presented the staff report on this item. Mancino: Are there any questions of staff? Meyer: Sharmin, the conditions as they are outlined here, do they correspond to your plan? Al-Jaff: Mainly yes, they do. Meyer: So what this is translating into is what you have laid out here? 18 Planning Commission Meeting May 3, 1995 Page 19 Al-Jaff: Correct. There are a few conditions that address the applicant's plan; however, what we are trying to achieve here is to incorporate staffs plan because is significantly reduces grading on the site. There are details that need to be worked out. Meyer: OK. Mancino: I have a couple questions. Can you talk a little bit about the entry into the western property, how that changes? And the retaining walls that I saw on the preliminary plat from the applicant? And is there a difference between what staff proposed versus that one? Al-Jaff: The difference between the property to the east and the property to the west is the property to the east actually had a surveyor go out there, look at potential sites that could be located on their parcel and we know exactly how many homesites they could get. Mancino: OK. Al-Jaff: We have not been able to get that from the applicant to the west. The more staff looked at the Willis property, the more we believed that you could get maybe more than four homes on the site. If we allowed a private drive to access the Willis property which is what was shown previously on the previous plat, that would have limited the number of homes to four unless the City grants a variance. We didn't want to put ourselves in that predicament; therefore, what we are recommending is a 50-foot right-of-way through the Willis property that would service the entire site now. The Willis property will continue to gain access off of Lake Lucy until such time when she decides to subdivide. Mancino: And you want to close that access off of Lake Lucy when the Willis property is subdivided? Because I go down Lake Lucy quite a bit and there is no other way to access the Willis property because isn't, it doesn't go, its a wetland or, I'm not sure what it is on that... Al-Jaff: It is a wetland... Mancino: Through the whole length of that property that abuts Lake Lucy, is that correct? Hempel: The driveway basically follows the ridge line that bisects the parcel... further review after you extend sewer and water to the parcel... Staff felt that right now we have to...4.5 on tape... Mancino: Would there be significant retaining walls with this... Hempel: There would be retaining walls at the intersection of the public street there as proposed on the grading plans where you can see...5.5 on the tape 19 Planning Commission Meeting May 3, 1995 Page 20 Mancino: Sure. Hempel: I would like to just touch on one other point...about private driveways. You may recall the previous submittal, the initial submittal, showed the private driveway going off to the east of the Morin's property similar to what is seen here in staffs layout. ...there is two groups of significant trees right in the area where the private driveway comes out on the public street. In this proposal, as with the other ones, it is kind of a trade-off. Do we lose one group of trees and save the other group or vice versa? Looking at this scenario I felt that this would allow the sewer lines also to go under the private driveway...While the value of saving trees is about equal in both scenarios, but this had greater benefit because it had run the utility lines through the rear yards... Mancino: Aren't you on more level ground, too? Hempel: You're following the grade of the hillside versus going up the hill. Mancino: With a 3% to 7% difference in grade. I just have one more question and that is Lots 9 and 10 again on the applicant's plat were walkouts. Now that has changed to lookouts. Does that mean that it requires less fill in that area because it is a lookout versus a walkout? Hempel: Yes, about a foot or two less fill in that area. The only other concern we had was the sanitary sewer elevation is very shallow and in a lookout-type home the lower level... Mancino: Any other questions of staff? Nutting: Sharmin, I guess, just to help me kind of bring things together. The applicant has submitted a revised plan attempting to incorporate various changes that came through staff and the Planning Commission at the initial meeting. Staff has concluded that there are good efforts towards obtaining the goals but haven't quite met the spirit and so staff has come up with an alternate layout. Is it the assumption that the developer has embraced staffs plan? Al-Jaff: We'll let the applicant answer that. Dave met with the applicant this afternoon briefly around 5:00 today and he agreed to incorporate some of the suggestions that we had; however, there were others that he didn't believe they would work out, so... Nutting: So the applicant is not putting forth this plan for approval. Staff is putting forth this plan for approval. OK. Meyer: Sharmin, could you clarify that street grade of 10%, is that Lakeway Drive from the cul-de-sac? Al-Jaff: Correct. 20 Planning Commission Meeting May 3, 1995 Page 21 Meyer: Do I understand correctly that you said there are only three lots that require a 20-foot front yard setback? Al-Jaff: We haven't worked out the details. The plans that staff put together need to be fine- tuned and we believe the applicant should be doing that. From the layout that was put together, yes, we believe only two or three of the units will require a variance, a front-yard setback variance and not ten. Meyer: OK. Thank you. Mancino: Thank you. Does the applicant wish to address the Planning Commission? Michael Byrne: Madam Chair, members of the Planning Commission, my name is Michael Byrne and I reside at 5428 Kimberly Road in Minnetonka. Could not hear tape at this point. The question was asked, "Does the developer approve of staffs...your last location on...The cul-de-sac going north...from staff in that area. As a matter of fact, the southerly alignment of Lakeway Court was a part of our proposal at one time or another. They have implied there was a decision that we had to work with staff...Tape was not clear. If you look at your copies of the plan, the grading plan and...tape was not clear. Mark Gronberg conducted the redesign... If you will note...we submitted 14... If you will note on version 14 Mark accomplished the process of rearranging the lot line to grade. The three-level road was the major reason for the improvement working from tree loss, major tree loss... Subsequently, with the reshowing of the grading lines... Mr. Gronberg, as you will note on your grading plan, tried to design a 30-foot northerly as recommended at that time to avoid alot of trees. Obviously, with the straight line road we're going to lose some trees. Another question was asked if the staff designed the project. No, staff does not design the project. They have taken at least 13 different versions and is trying to take the best of each to accomplish their goals and maintain as much tree coverage as you can. I have to bring this conversation to a real sharp point right away. Both the staffs goals and ours are quite similar in the sense that you are trying to save as much trees as you can and still maintain financial... We're working and will work... There is a concept plan in the sense that I am going to develop the site to be sold to builders who build with custom homes. Families that wish to have their homes in the woods. That's why I purchased the site. Once you are in the woods you are going to cut trees down but the concept of being in the woods also includes having trees behind the house, in front of the house, and on the sides of the house, ideally. As I spoke with Mr. Conrad, your ordinances are not really designed for that purpose. The new ordinance, for example, six months ago calls for tree conservation. As staff tries to make this tree conservation easement as large as possible, this tends to move the house toward the street and create a little townhome and that's not what I'm trying to do. The process we are going through is to find a balance of what I hope to be in the woods and the staffs focusing to create as large a tree conservation easement as possible. I think we are able to work with that. I haven't seen anything yet that tells me otherwise. I have one question and brings up my point very clearly. If you look at your color diagrams, there is two of them, one showing the grading on 21 Planning Commission Meeting May 3, 1995 Page 22 the lake. If you look at the first one which is Lake Lucy Estates you will note the building pads are as far apart as we could get them. The easterly one is as far east as we can get it and the westerly one is as far west as we can get it. Lot 8 had to an approximately 180-foot area where you can move the house back and forth to balance. That was done for two reasons. Number one, the neighbors had indicated that they wished to see less intense use of their shorelines. These are going to be large homes. There's no question about that. Building pads of 80 feet to 85 feet by 50 are not going to be uncommon. With staffs proposal, which is the second one, you'll see two building pads approximately 20 feet apart. While it does in fact save some of the tree plantings, we've got 7 over lots that are deep in the... Their pads are totally surrounded. That's what we're trying to do is we're trying to put house pads in trees. It irritates people, some, it irritates the neighbors. I can understand that, but what we are trying to do is create in the woods a process here with... putting two vaulted homes 20 feet apart, I don't think it will detract. It will create a mass on the... I could only ask that you look at provision 27... I'm asking you confirm... Two reports that are on...tape was not clear at this point... That's the other part of ... As we work with custom homeowners, these are the people that are going to try to place their home in the site given the limitations of sideyard, frontyard and rearyard, etc. We try to reinforce with them saving the best of the site. The tree can't be... We wish to do those after we sit down with staff... each individual lot. We've done this before and its not... If you read the entire package you will notice the difference on lot widths. I believe that's page 3. Staff has...tape was not clear at this point... I placed Exhibit A in there. There was some question in the staff report about the sewer easement... I would welcome any questions from you now. Mancino: Excuse me. Mike, I just have a question. This was prepared yesterday for us? Michael Byrne: Yes. Mancino: I appreciate it. Michael Byrne: We received staffs revision on Friday... Mancino: Are there any questions for Mr. Byrnes? Thank you. Can I have a motion to open the public hearing? moved, Mancino seconded to open the public hearing. All voted in favor and the motion carried. The public hearing was opened. Mancino: This is open for a public hearing. Anyone who would like to come up and address the Planning Commission may. Alan Weingart: Madam Chair. Commissioners. My name is Alan Weingart and I own the peninsula on Lake Lucy and will be buying 1695 Steller Court in September and currently reside at 5330 St. Albans Bay Road in Shorewood and we have a group of us here tonight 22 Planning Commission Meeting May 3, 1995 Page 23 that have obviously some strong feelings about what's being proposed. Did everyone of you get a copy of Eric Rivkin's letter that he faxed to you yesterday or today? I just wanted to be sure that you received it from him and, if not, let us know and we will get you a copy. We've chosen someone to speak to some of the things that are in there. I guess I have a, I question I have is what was just given to you? Is something new? Al-Jaff: I haven't seen it. I don't know. Mancino: This is what Mike delivered to our homes. Alan Weingart: OK. So you have not seen that? Mancino: Staff has not seen it. Alan Weingart: Well, we're sort of segregating the various things that we want to talk about here tonight amongst a few of us and I probably have the most tedious and boring aspect of this to talk about because as Mike was saying, he started to quote ordinances and basically it sounded like we have a case of martyrdom here where the ordinances are forcing him to tear down trees and make small lots. What he's getting to is a situation where we have to look at this thing on a very technical ordinance basis and technical analysis of what the ordinances will allow or won't allow and it is unfortunate that we have been pushed to the situation where everything is coming down to what are technicalities of the ordinance. Usually, it is my understanding the process between Planning Commission, staff, residents and applicant is typically one of give and take and we haven't seen a whole lot of give and take in this particular situation. So, if the applicant in this case wishes to push things to the technical aspects of what the ordinance says or doesn't say, then I guess I would like to look at what those technical rights, or what the technical obligations are under the ordinance relative to what you guys have received and kind of go through this. It sounds like Mike is seeking to have his application approved subject to the conditions that are laid out in the staff report except for lots along the lake and we're asking for it to be tabled because, from an ordinance standpoint, we don't think that what you have in front of you right now constitutes what the ordinance calls a preliminary plat. The ordinance basically says that the Planning Commission is to make a recommendation on the preliminary plat which assumes that the preliminary plat is in existence, that there is one and right now, based upon various conditions in the staff report, it doesn't appear to us that there is any kind of preliminary plat on this to make a recommendation and, therefore, I think the applicant deserves the opportunity to go back and incorporate the various comments that staff has made, also hopefully some of them that we have made and that you will make and come back with a plat, a preliminary plat that qualifies underneath the technical provisions of the ordinance so that you guys can have something to recommend, approve, deny, or whatever and you have ample time to do that. To support that intention I guess is... I'd like to have Sharmin put this up on the overhead. I have copies of this too that I can give to you. This basically, uh, oh boy. Do you want copies? Let me get you copies. Basically what we're saying here is that you don't have a 23 Planning Commission Meeting May 3, 1995 Page 24 preliminary plat. Therefore, we can't really make a decision one way or another. That's our contention, anyway. The reason that we can't because basically the various things I have listed here, No. 1 - Lot dimensions and revised layout. Well, Sharmin mentioned that she doesn't have the lot dimensions and revised layout because it hasn't been drawn yet. She has a sketch of what it would, should look like and according to the technical verse of the ordinance you got to have a plat that has lot dimensions and revised layout. You have to show location and width of right-of-way to the Willis property and Lakeway Court. It doesn't appear that we have that now. We have a private drive as opposed to a 50-foot street. Not to bore you with all these but basically the name of Outlot A isn't mentioned. I mean, we're talking technicalities here and if that's the game that's going to be played, that's the game unfortunately we have to play. Accurate soil reports, compliance with minimum setbacks on revised plan... There is no revised grading plan because of the grades that are coming off of Lakeway Court. We don't know what that looks like and how the sewer goes underneath it or not. We just don't know that. The reforestation plan, I'll get to that in a minute and, of course, the replatting with the, and the reassessment of the requested variances. We don't know how those variances are going to be impacted on the property because we haven't seen a drawing of what the impact of that is. So these are the kinds of things that we don't think we have complete preliminary plat similar to the ordinance. Therefore, I don't think we can make a decision to approve something that we don't have enough information about. Now what Sharmin is saying is it's merely a matter of degree, too. There are conditions that can be approved if you in fact have a preliminary plat. But what we have here, in my opinion, are a lot of requirements that are not met. There is a difference between conditions and requirements and that is the distinction I think is important in this particular case. Changed tape at this point. Alan Weingart: ...is the tree canopy and we don't have a reforestation plan. Mike even admitted that he doesn't know what kind of trees are going to be taken down and there's no way to know without having a new plan drawn relative to reforestation. In this particular case based upon the staff reports, there's a total acreage of 14.5 acres plus the wetlands gives us the buildable acreage and roads and the canopy ordinance requires 46% of that to be maintained allowing 5.2 acres in this case. The required canopy to be maintained has been reduced by what staff feels is the applicant's additional canopy that he is going to remove... So now we're down to the canopy that's being maintained as 4.34 acres on 11.37 buildable acres. Therefore, he is removing a little over 7 acres of trees. Now I don't know, it just sounds a bit unreasonable. Maybe the applicant should take a look at the site and figure out that, it doesn't take alot to figure out, that maybe this isn't the kind of site to put that much density of ... homes into having to remove 62% of the trees which he's acknowledged and it just frustrates me I guess because it just seems obvious and even the staff note at the bottom where they indicated in the staff report that "realistically, more trees may ultimately be removed than is shown on the grading and tree inventory survey". So, I think 62% is probably the minimum here and its... from there. Anyway, if any of you have any questions on the technical aspects of this stuff I would be happy to attempt to address them. This may 24 Planning Commission Meeting May 3, 1995 Page 25 not be the case but we have plenty of time between now and May 17 to discuss whether or not these various things are being met or are not being met and I think the Planning Commission has asked for time to allow the applicant to come back with plans that, in our opinion, constitute a preliminary plat and also give us time to respond to those. Maybe not through a public hearing but through correspondence and I think that's only fair to both sides to do that. So, any questions for me? OK. Mancino: Thank you. Anyone else? Joe Morin: Madam Chair, members of the Planning Commission. My name is Joe Morin and I live at 1441 Lake Lucy Road. I own the parcel immediately to the west of the, to the east of the proposed development taking place. At the last hearing of this proposal the proposal was so far off that the applicant did not make an attempt to present it for consideration and during that discussion Mr. Conrad detailed 5 major points which were not adequately addressed by the applicant's initial submittal. These were the water quality pond, sensitivity to the physical characteristics of the site, storm damage, environmental damage and variances. Nancy Mancino cited ordinances about preserving and protecting natural amenities on the site such as vegetation, wetlands, steep slopes, water courses and other members of the Planning Commission were in agreement that these issues were not adequately addressed. What I want to do tonight is to kind of outline or use Mr. Conrad's 5 major points as a guide to quickly highlight as many specific areas as I can where these concerns are still not adequately addressed. The first area, water quality pond. This is an improvement to what was originally submitted since there is a water quality pond; however, there are numerous springs that Eric Rivkin spoke of at his last meeting that are in this general location pretty close to where this water quality pond is being proposed. All I can say is pretty close because Eric spoke of them as bubbling out of ground when he was cross-country skiing through there and he spoke of them as being right in this general area near Lot 6 and near the area where the proposed pond is going in. These springs have not been located, they have not been identified and they have not even been addressed at all by the applicant and I don't what impact to put in a holding pond near a natural spring is going to have or, for that matter, trying to install a building pad. So I think that is something that is significantly missing. The second item related to the water quality pond is a matter of personal interest to me. I need to understand... staff has managed to take this time to speak to many of us and members of the Planning Commission which also have this concern but the ponding area is located to the west of the proposed road but there's a pipe going under the road back into the existing pond on the site and the overflow water from the holding pond is being dumped into the larger or bigger pond which has a direct flow right into Lake Lucy and my questions here is why not have the overflow go into the large vegetation acreage to the east and allow a better sense of filtration... OK. Major point No. 2 relates to sensitivities to the physical characteristics of the site. I am very happy to see a cul-de-sac and the road realigned. I think that was a bit of a no-brainer to move the cul-de-sac over and not within the middle of a grove of trees and that was a good thing to do. The realignment of the road also compensated significant trees. I acknowledge that. But there are still significant problems 25 Planning Commission Meeting May 3, 1995 Page 26 remaining. In the applicant's proposal, and I couldn't tell from the staffs proposal, but in the applicant's proposal there are three 15,000 square foot lots on very steep terrain. If you have your maps in front of you or if Sharmin could put a map up on the overhead you could see that in Block 1, Lots 3 and 4 are 15,000 square feet and located in extremely, that's Block 2, Lots 5, right? That also is in a very extremely sensitive terrain area. In Block 1 if Sharmin could show Lots 3 and 4 right where all those high-density contour lines come together and also they are very heavily wooded as well. I guess I have a question, Sharmin. In your experience, has anyone ever submitted a plan showing 15,000 square-foot lots on this kind of terrain with this kind of tree cover. Al-Jaff: I haven't reviewed a plan with that type of terrain and a 15,000 square-foot lot. I personally have not. Joe Morin: OK. The other area I want to point out is right near Lot 4 and between Lots 4 and 5 there's a 14-foot elevation difference between the two sites. In fact, Lot 4 is surrounded on three sides with retaining walls 14 to 17 feet high. We're talking about sensitivity to physical characteristics of the site. The private drive going into the Willis property that was shown here and I think that's going to be changed but that shows 13 to 14- foot retaining walls on either side of that private drive and, of course, more important, inadequate access to her property. Now, I'm pleased that the developer, or the applicant is wanting to accept the changes that staff has made. I don't know if the changes that staff has made are an improvement. I can't tell from the layout. But I do have some grave concerns about the way that the terrain, the natural terrain and steep slopes are being torn up in this area. Sharmin, if you could show the drawing that you had before showing the point of setbacks. The point I'm trying to make here and that staff recognizes is that when you have 20-foot setbacks and you have houses that close to the road on either side you have kind of a tunnel effect. Now, Mike is trying to create an environment that's in the woods. I would expect an in-the-woods kind of environment would put homes in the woods you would have some with trees in the front and some forward. Obviously you would have few lots if you wanted an in-th-woods kind of environment. This submittal by the way does not in any way to me show an in-the-woods kind of consideration. What I'm showing here is part of the plan the applicant submitted at the request of staff to show what could be accomplished if no variances were granted. The lot shown to the top of the page, Lot 9, has no access to it. There is no access there. There is also grading and fill right up to the edge of the wetland here all along the wetland in fact. But there is no access to that point... The applicant can't get to that site without a variance. Now, how many houses he could get on without variances is still a matter of dispute. I understand from the staff report they said probably 4 less than what is submitted. Certainly, if you can't access to a site you can't build. What this one shows is the applicant's current design for Lot 10. I'm going to point out a few things here related to sensitivity and physical characteristics. You'll notice right along the wetland area all along in here there's 10 feet of fill right up to the edge of the wetland. You'll notice that right in the center of this driveway is the loss of that 24" oak that we spoke of. We've been out to the site many times. This is a tree that could easily be saved with just a minimum 26 Planning Commission Meeting May 3, 1995 Page 27 amount of consideration for this area. With respect to this site there is an ironwood, 12" ironwood here that's not identified on the applicant's plan. We were out there with Jill, the City Forester and the DNR Forester whose had 40 years of experience in this, in forestry and he said this is a very tree. An ironwood doesn't usually get to be that big. It's a very old tree. He also identified another oak in here. He said that was a 12" oak. All along here are 10", 11", 9" oaks. There's a whole grove of oak trees in this area. Many of them are on my property right in here. And these oaks will be damaged with this kind of a plan that the applicant has submitted. The applicant is filling 9 feet of fill on this site. 9 feet of fill going right up to my property line here. But 9 feet of fill more importantly between this pond and this lake. He's also showing... a 10-foot setback from the property line. ...asking for a variance? If the ordinance is 20. I'm gravely upset by this. Putting 9 feet of dirt and then a house on top of that in an area that's this sensitive to the environment I think is a desecration. The basements of all of those sites located in that southern area are at a elevation of 972 roughly and the natural contour's at 964. This could require 8 feet of fill for Lots 7 and 8, 81/2 feet of fill for Lot 9 and 10 feet of fill for Lot 10. I think that staffs plan is alot better in that these work in this area. It's a heck of a lot, a huge improvement over what the applicant proposed. I don't believe that, I think a sensitive plan of these lower sites would have one or two houses there, one or two houses and homes without basements so that no fill at all would be required. I don't believe that this plan adequately addresses the Planning Commission's concerns about sensitivity to the physical characteristics of the site. The third major point is with storm drainage. Now the applicant's proposal, Sharmin mentioned a 10% grade in part of the areas 14% grade. Sharmin, if you could put the applicant's sketch up there again. I don't know if 14% is even reasonable whether it meets the City standards or not. I'll let you be the judge of that. My concern with this kind of a layout is the flow of uncontrolled and untreated runoff coming from the street coming from the properties north of that road that's Lakeway Court flowing at a 10% to 14% grade straight into my property in an area that is already low and takes a certain amount of time in the spring to dry up I think I don't need anymore water from... and this is not addressed. The impact of flowing into our properties is not addressed in this plan. The applicant has still not submitted a plan showing storm sewer calculations. He has still not addressed the concern expressed by Mr. Conrad about erosion control on the southern part of the site which he is still showing as 8 to 9 feet of fill such as previously mentioned. He has not addressed how the lake and pond will be protected either before construction, during construction or after construction. I don't think the applicant has adequately addressed this point either. The fourth major point, environmental damage, who knows what the impact of 8 to 9 feet of fill and dirt will be on the pond and the lake. We don't know that. But the impact of a big house out there after you level all the forest on 9 feet of dirt in the middle of a wildlife migration area which is a travel zone for the entire area, not just our area but the broad areas I spoke of this last time surrounding us, I think its still abusive to the environment. I talked about cutting into the slopes pretty severely. I'm not sure if staffs plan will minimize that or not. I don't believe that the... calculations have been done correctly or are missing. I think there's an issue there. Certainly there is significant tree loss removing 7 acres of trees. Speak of being sensitive to environmental damage I think that's horrible. I still believe there is excessive density for the site. There 27 Planning Commission Meeting May 3, 1995 Page 28 ought to be 4 to 6 less homes. If you want an in-the-woods kind of environment you have to have fewer homes. With the density that he has, he has to chop down all the trees. I believe that this is a very rare and very unique site. The man from the DNR with 40 years of experience, those are his words. He said this is... We don't see... like this. We don't see oaks like this. Gayle and I took a bike ride out to Eden Prairie around Rice Marsh Lake and we looked at the big woods that they have there that they've been struggling so hard to preserve. This is something like we already have right here in Chanhassen. I think that this is such a unique site that it needs special considerations in its development and that significant pieces ought to be left alone and the design ought to be sensitive to that. Eric spoke of the other environmental issues. He did send a letter to the members of the Planning Commission but you haven't received that yet. I hope that you do take what he says under consideration. He's talking about destruction of valuable natural habitat necessary to support abundant wildlife. He speaks of a beaver lodge newly constructed this year 150 feet from where the applicant wants to level the woods. He talks about the beaver depending on small caliper trees and not being afraid to take the landscape trees that Mike plants. He talked about many too-tall houses close to the lake referring to aesthetics and so on. Natural, year- around springs. He address that. And the storm pond's relationship to the spring and the stormwater flows on the site and he speaks to the developer that the applicant not be unresponsive to staffs and resident's input. I know, I've seen the wildlife there. The fox, mink, deer, beaver. These are the large mammals. Eric spoke of 14 different species of mammals. The red-tail fox, great-horned owls on the property. I saw them there just a few days ago. ... woodpecker, a dozen great blue herons underneath the large canopy trees where they're nesting. Migrating water fowl such as loons. We've heard loons this spring. We've seen pelicans out on the lake. Other waterfowl basically too numerous to mention that nest here and make their homes. This is what Eric spoke of and this is part of the aesthetic enjoyment that the entire community sees for this property. The lack of erosion control and drainage pipes. I have serious concerns for this. This is a very important watershed area. This is the headwaters of Lake Lucy which is the headwaters of the entire chain of lakes, the Riley chain of lakes. And so pollution into this area not only affects Lake Lucy but everything downstream. The development that's occurring here is in a natural basin. The Mason homes development is high on a ridge where they have pulled their homes away from this natural basin. They left it natural. My home is high on the basin. The Tichy home is also high on the basin. Christensen's and the Willis property are also high up on the basin but now we're taking about developing down into this basin and Lake Lucy gets most of its flow from groundwater seepage and runoff from this area and we better be real careful about what we do there. I don't think that, I believe that a much higher standard of care must be exercised in this area and I don't believe the expectations of the Planning Commission have been met yet with this plan or with staffs plan either for that matter. The fifth major point was variances. I'm going to go over that very quickly because Al talked about them. There are several variances that area being requested. The question is has the applicant earned the right to these variances? Has the applicant earned the right to private driveways and so on? I really worry about the history of this applicant. I don't know that he has experience with this size of a development, let alone a development that requires this degree of sensitivity. I 28 Planning Commission Meeting May 3, 1995 Page 29 have very grave concerns about the wherewithall to complete the development which is sensitive to the area. Even this could be mitigated if he at least was cooperative with the planning staff. But I'm worried about the history of him using variances simply to cram in more lots and not preserving the environment. So, I'm worried about that and I'm worried about his lack of cooperation. There are numerous citations that we have in the letter that was sent to each of you showing his unwillingness to work with the concerns of the staff, the concerns of the Planning Commission and the concerns of the neighbors and local residents. He didn't even take notes at our neighborhood meeting. Sharmin, have you ever in your experience encountered a more uncooperative residential developer? Mancino: Mr. Morin, all those... Joe Morin: Is that a fair question? Mancino: No. That is not a fair question. Any questions should be directed towards me. Thank you. Joe Morin: I would ask you the same question... If you think it's inappropriate I'll... Mancino: It's inappropriate. Thank you. Joe Morin: I think that staffs layout has some improvements. I think the applicant's reaction to it is very disappointing but not unexpected. I appreciate the long hours and hard work that staff has put in and overtime to try to get to an acceptable plan. Unfortunately, I don't think we're there. What we have here is a layout and a sketch. We have the document that was submitted to Planning Commission members but not the staff. I have no... We have kind of a hybrid between a sketch and recommendations of staff and the applicant's choosing not to accept so I'm really not sure what we have. I want to conclude with just making two points here. Number 1: As I tried to show I don't think your concerns have been adequately addressed by the applicant. I think that staffs layout is better but undefined. I'm still confused by this hybrid of the south and north and the unknown document. Number 2: The applicant, I'm upset by his not agreeing to the changes recommended by staff. I think its still a plan even in its hybrid form that's unacceptable to staff. I think its unacceptable to the Planning Commission. I hope it is. Its unacceptable to the residents and will most certainly be sent back by the City Council. This forum is here to stay. Gayle and I just... that anything looking like this request that a preservation easement be placed over all the property outside all of the grading limits. We request that Lot 10 be eliminated. We request that homes without basements be placed in southern area if any homes are put down there at all. We request that Lakeway Court be realigned the way staff has proposed and the rest of the project be re-engineered as shown in the staff layout. Finally, Gayle and I can accept the development next door. We'll even profit from the development next door. But we don't want it rushed into the City Council in this form. We believe that the site deserves a better effort. A much better effort. We believe that the City Council should be presented a clean 29 Planning Commission Meeting May 3, 1995 Page 30 plan. A complete plan. A plan that is much more responsive to all of our concerns and we request that this application be tabled. Thank you. Mancino: Thank you. Anyone else like to approach the Planning Commission? Jill Willis: Hi. My name is Jill Willis. I'm the property that's to the west. I have a couple of questions I would like to just coincide on Al's and Joe's comments. Sharmin, could you put up the... Tape ended at this point. APPROVAL OF MINUTES: Farmakes moved, Conrad seconded to note the Minutes of the Planning Commission meeting dated April 19, 1995 as presented. CITY COUNCIL UPDATE: Kate Aanenson updated the Planning Commission on actions taken at the last City Council meeting and stated that she had included a copy of the draft on the ethics proposal. Farmakes: I have a question for you on that. Mancino: I have a couple too. Farmakes: Under the issue of interest. I don't see the word good will used anywhere. Did I miss it? Or would we interpret that as being a benefit? Aanenson: What do you mean good will? Farmakes: Good will, I believe it's defined where you act for the benefit of someone else without pay or any type. Aanenson: If you look under Section 13. Special treatment. It may fall under that category there. Farmakes: Special consideration or treatment. Aanenson: Right. Farmakes: The issue of good will I believe, there is a legal definition for it in the...of business. That it is not a tangible, defined piece of property. However, they do come up with defining financial compensation for it so the question is, is it a property and the issue of, 30 Planning Commission Meeting May 3, 1995 Page 31 if you do something for the good will of the business and even though you don't benefit financially directly from it. One could assume that it is a benefit. Aanenson: Right. I guess that's how I would look at 13. To say you could give special consideration of treatment...and that you would benefit from that. Good will or whatever. Farmakes: Could you check with the attorney on that issue and look at the definition? Aanenson: But I don't know how that fits into the Council's drafting of this ordinance but I can certainly pass that on to... Farmakes: Yeah, it's just a matter because I think that is something that comes up in business quite often. Nutting: I'm agreeing with where Jeff s going and under Section A, official acts and number 2. It is real vague when you're trying to define that. Mancino: Under conflict of interest? Nutting: Yeah. Mancino: Well that's the part I have too. Tell me what this really means. Nutting: An interest in the affairs of any person and without getting specific and I think it hits on the point Jeffs making too. Farmakes: Are you talking about 2? Nutting: Yeah. Mancino: Section 3. Farmakes: Section 3, line 2? Mancino: Yeah. Well and it's also in the present sense because it says, if they have an interest. Aanenson: Then you have to look up the definition of interest. Mancino: But it's present. It's not past. It's current. Farmakes: But going back to my comment that if there is a legal, accepted legal definition of good will, maybe that should be considered as a word that turns into... 31 Planning Commission Meeting May 3, 1995 Page 32 Mancino: And at what point is this an ordinance? Aanenson: They've reviewed one draft. I'm not, it hasn't been adopted. They've reviewed one draft and... Mancino: Do the elected officials of Chanhassen have to make public all their donations? People who contribute to their election? Aanenson: I don't know. We could check on that. Mancino: I just, out of the blue. I mean you talk about conflict of interest and other areas. I just wondered... The regular portion of the meeting was closed and the Planning Commission continued with a work session on the buffer yard/transition zone ordinance and code revisions. Nutting moved, Farmakes seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned. Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim 32