2. Subdivision & Zoning Ordinance Amendments
CITY OF
CIlANllASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
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Web Site
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[lJ
MEMORANDUM
TO:
Planning Commission
FROM:
Bob Generous, Senior Planner
DATE:
l1~
August 15,2006
SUBJ:
Subdivision and Zoning Ordinance Amendments
Chapters 18 and 20 of the Chanhassen City Code
BACKGROUND
The Planning Commission has review responsibility for Chapters 18 and 20. A
public hearing is required to make changes in these chapters. We are submitting
the following amendments to Chapters 18 and 20 to the Planning Commission for
review and recommendation to City Council.
Staff has prepared a strike-throughlbold format to show proposed changes to the
code.
DISCUSSION
Chapter 18, Subdivisions
ISSUE:
Staff is proposing amending the ordinance to mirror actual submittal procedures.
Sec. 18-39. Preliminary plat--Generally.
(a) After the pre-application consultation and at least 30 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 reduction of each sheet, an
electronic format file of the plans, and proof of ownership satisfactory to
the city. , and a A list of property owners within 500 feet of the property will
be prepared by the City 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 application 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
companies 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
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
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August 15,2006
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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 days before the date of
hearing. Written notice shall also be mailed by the city to the applicant and all owners of
record within 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. The community development director may require an
expanded mailing list for sites fronting on lakeshore where the development would be visible
over a larger area. The applicant is responsible for meeting with affected homeowners.
ISSUE:
Staff neglected to incorporate language regarding the long-term maintenance and repair of
retaining walls built as part of a subdivision. This had originally been discussed when we
reviewed the retaining wall issue.
Section 18-40 (4) d
A proposed 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.
(1) All proposed retaining walls must be shown on the plan. The top and bottom elevations of
the wall must be noted.
(a) The design shall comply with the Minnesota Department of Transportation (MnDOT)
standards for retaining walls.
(b) Retaining walls over six (6) feet in height located within ten (10) feet of any public way
(sidewalk, street, trail, alley, etc.) shall have a fence or other barrier, such as a berm or
landscaping, to impede access to the retaining wall when the public way is adjacent to the
top of the retaining wall.
(c) Fences or berms shall be installed no closer than 18 inches from a sidewalk or trail.
(d) Landscaping between staged retaining walls should be low or no maintenance.
(e) The following materials are prohibited: smooth face concrete; however, stamped or
patterned concrete face may be acceptable, masonry (mortared), railroad ties, and timber.
(0 Maintenance and repair of retaining walls, which cross lot lines, built in conjunction
with the subdivision shall be the responsibility of the developer, and upon
completion of the project, the homeowners association.
ISSUE:
When the city added the RLM district, we did not incorporate this new district in the standards
for the use of private streets. Additionally in sections (p) (7) and (8), we are clarifying how to
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August 15,2006
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calculate lot area and lot coverage for lots encumbered by private street easements. These
calculations are consistent with the Shoreland Protection Ordinance.
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 conditions,
runoff of stormwater, 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 and pavement widths shall not be less than the following:
Right-of-Way Roadway/
Street Pavement
Classifications Widths (feet) Width (feet)
Minor arterial 100 36
Collector 80 36
Local street (rural residential) 60 24
Local street (urban residential) 60 31
Local street (commercial/industrial) 60 36
Cul-de-sac, turnaround radius (urban/residential) 60 45.5
Cul-de-sac, turnaround radius (rural residential) 60 40
Cul-de-sac, turnaround radius (commercial/industrial) 60 48
Private Street (residential serving A-2, RR, RSF, R-4, 30 20
RLM)
Private Street (residential serving RLM, R-8, R-12, R-16) 40 24
Private Street (commercial/industrial) 40 26
(c) Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed
by the intersection of two streets be less than 60 degrees. Intersections having more than
four comers are prohibited.
(d) A tangent of at least 300 feet shall be introduced between reverse curves on arterial and
collector streets.
(e) When connecting street lines deflect from each other at one point by more than ten 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 500 feet for arterials, 300 feet for collectors, and 100 feet for
all other streets.
(f) 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 transportation.
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(g) All centerline grades shall be at least five-tenths (.5) percent and shall not exceed five
percent, for arterials and seven percent for all other streets and alleys. Whenever possible,
grades within 30 feet of intersections or railroad crossings shall not exceed three percent.
(h) Different connecting street grades shall be connected with vertical curves. Minimum length,
in feet, of the vertical curves shall be 20 times the algebraic difference in the percentage of
grade of the two adjacent slopes.
(i) Local streets shall have a centerline offset of not less than 300 feet. Offset intersections shall
be avoided.
U) The alignment shall discourage through traffic.
(k) The maximum length of a street terminating in a cul-de-sac shall be 800 feet. The length of
the cul-de-sac shall be measured from the intersection of the centerlines of the cul-de-sac to
the intersecting street to the center point of the cul-de-sac
(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 dedication 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 requirements
as prepared by the city engineer's office. The construction of private streets are is prohibited
except as specified in subsection 18-57(e p).
(0) Private streets may be permitted in business, industrial, office, RLM (when equal to or
greater than four units per acre), R-8, R-12, and R-16 if the city finds the following
conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to constrict 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.
(p) Private street standards. 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 two units or more in the A-2, RR, RSF,
ami R4, and RLM (when less than four units per acre) districts must be built to a
seven-ton design, paved to a width of 20 feet, utilize a maximum grade of ten percent,
and provide a turnaround area acceptable to the fire marshal based upon guidelines
provided by applicable fire codes. Private streets serving RLM (when equal to or
greater than four units per acre), R-8, R-12, and R-16, shall be built to a seven-ton
design, paved a minimum width of 24 feet, utilize a maximum grade of ten percent, and
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provide a turnaround acceptable to the fire marshal based on applicable fire codes.
Private streets serving business, industrial and office districts shall be built to a nine-ton
design, paved a minimum width of 26 feet, utilize a maximum grade of ten 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 private street, the applicant 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 24 hours of a
snowfall greater than two inches. Covenants concerning maintenance shall be filed
against all benefiting properties. Parking on the private street or otherwise blocking all or
part of the private street shall be prohibited.
(3) Private streets that are not usable by emergency vehicles because of obstructions, 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 M.S. ~ 429.101, subd.
l(C).
(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 RLM (when equal to or greater than four units per acre), R-8, R-12,
R-16 business, industrial, and office districts, these improvements shall include concrete
curb and gutter.
(5) Street addresses or city approved street name sign, if required, must be posted at the point
where the private street intersects the public right-of-way.
(6) The private street shall be designed to minimize impacts upon adjoining parcels. The city
may require revised alignments, specific building orientation, increased setbacks, and
landscaping to minimize impacts. An erosion control plan should be completed and
approved prior to construction.
(7) The private street in the A-2, RR, RSF, ana R-4 and RLM (when less than four units
per acre) districts, must be located within a strip of property at least 30 feet wide
extending out to the public right-of-way or covered by a 30-foot wide easement that is
permanently recorded over all benefited and impacted parcels. Neither the area within
the easement for the private street nor the impervious surface of the private street
shall be included within the calculation of the lot area or lot coverage of the lot in
which the easement is located. Once the private street terminates, the area of the
easement and impervious surface of the driveway shall be included in the
calculation of lot area and lot coverage for the lot.
(8) Private streets serving RLM (when equal to or greater than four units per acre), R-8,
R-12, R-16, business, industrial, and office districts, must be located within a strip of
property at least 40 feet wide extending out to the public right-of-way or covered by a 40-
foot wide easement that is permanently recorded over all benefited and impacted parcels.
Both the area and the impervious surface of the easement and private street shall be
included in the calculation of lot area and lot coverage of the lot in which the
easement is located.
(& 9) Maintenance and repair of private utilities located within the private street shall be
the responsibility of the benefiting property.
(~ q) Private reserve strips controlling public access to streets shall be prohibited.
(~r) Flag lots may be permitted in the A2, RR, RSF and R4 districts if the criteria in variance
section 18-22 are met and upon consideration of the following:
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August 15,2006
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(1) The prevailing development pattern makes it unfeasible or inappropriate to construct a
public/private 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 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 flag lot will permit enhanced protection of the city's natural resources,
including wetlands and protected areas.
(f-s) Private streets serving up to four lots may be permitted in the A2, RR, RSF, aft€l R4 and
RLM (when less than four units per acre) districts if the criteria in variance section 18-22
are met and upon consideration of the following:
(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 protected areas.
(t), Temporary cul-de-sacs must be constructed at all locations where a street stub will be
constructed and will be extended in the future. The temporary cul-de-sac must be 90 feet in
diameter and lie within platted right-of-way or easement. The developer must submit an
escrow for the cost of removing the temporary cul-de-sac and vacating the easement (if
applicable).
ISSUE:
Often tree replacement plans include a significant number of ornamental trees as part of the
landscaping plan. Overstory trees are preferred because they are generally the type of trees
represented on an existing site during pre-development and one of the intents of the ordinance is
to replace what is lost. Overs tory trees also provide the greatest environmental, social and
financial benefits. Staff is also proposing that the ordinance be divided into more subsections to
make it easier to cite.
Sec. 18-61. Landscaping and tree preservation requirements.
(d) The following standards shall be used in evaluating subdivisions and site plans:
(1) It is a policy of the City of Chanhassen to protect the integrity of the natural environment
through the preservation, protection, and planting of trees. The city finds that trees
provide many benefits including: stabilization of the soil by the prevention of erosion and
sedimentation, reduction of storm water runoff and the costs associated therewith,
improvement of air quality, reduction of noise pollution, control of urban heat island
effect, protection and increase of property values, protection of privacy, energy
conservation through natural insulation, control of drainage and restoration of denuded
soil subsequent to construction and grading, protection from severe weather, providing
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habitat for birds and other wildlife, conservation and enhancement of city's physical and
aesthetic environment, reforestation of open lands, and general protection and
enhancement of the quality of life and general welfare of the city. It is therefore the
purpose of this section to provide regulations related to the cutting, removal, or killing of
trees on construction and development sites and to ensure the protection and preservation
of the natural environment and beauty of the City of Chanhassen.
(2) Prior to the submittal of development plans, a tree survey of the site shall be prepared by
a registered landscape architect, licensed forester, or other professional approved by the
city. This survey shall include the species, DBH size, condition, location of all trees over
ten inches in diameter and any damaged or diseased trees on site. All significant special,
damaged or diseased trees shall be tagged and identified by number on the survey. A
delineation of the existing canopy coverage area(s) which outlines all areas covered by
tree canopy shall be included as part of the survey. Additionally, all damaged and
diseased trees shall be cataloged with the nature and extent of any damage or disease
specified.
a. Based on this survey and either site observation and measurement or a current aerial
photograph (taken within one (1) year of the date of plan submittal) interpretation, the
following shall be calculated:
1. Base line canopy coverage.
2. Minimum canopy coverage requirements.
b. The following table shall be used to determine the minimum amount of canopy
coverage that must be maintained or provided on-site as part of the development. It
shall represent the minimum canopy coverage, consisting of existing tree canopy
and/or additional trees required for the site. Existing wetland areas located on site
shall be excluded from the calculation of site area in the determination of site
coverage. If a forested area is to be dedicated to the city for park land, then this area
shall not be included in the base line canopy coverage area calculation nor shall it
d h ~ h .
count towar s t e mInImUm canopy coverage or t e SIte.
Base Line Canopy Coverage Per Acre
Comprehensive Plan Designation 80-- 60--79% 40--59% 20--39% 19% or
100% less
Commercialli n dustrialli nsti tuti onal 28% 25% 20% 14% 10%
High density residential 35% 30% 25% 20% 15%
Medium density residential 40% 35% 30% 25% 20%
Low density residential 55% 46% 35% 30% 25%
Large lot residential 68% 56% 43% 35% 25%
Base line canopy coverage is the canopy coverage existing at the time the
development application is filed with the city. Minimum canopy coverage is
determined by using the matrix.
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c. Priority shall be given to retaining stands of trees and undisturbed wooded lands over
individual specimen trees that will be incorporated into the development. No more
than ten (10) percent of the canopy retention requirement may be met by an
individual tree that is not included within a designated woodland area.
d. For developments that do not meet the minimum canopy coverage, the developer
shall be required to develop a forestation plan to bring the total canopy coverage up to
the minimum requirement. Where existing woodlands are removed or there is a loss
of trees that would otherwise be used to meet the canopy coverage retention
requirement, the developer shall develop a woodland replacement plan. The
replacement plan must designate an area at least one and two-tenths (1.2) times the
removed canopy coverage area that shall be planted with replacement trees for those
removed. These plans shall locate additional trees either as a continuation of existing
stands of trees that are to be preserved or create new stands of trees in desirable
locations such as along roadway corridors, on the north and west perimeters of the
development, in common open areas, or adjacent to park facilities.
e. The following criteria shall be followed in establishing minimum canopy coverage:
1. When planting trees, one (1) tree shall be deemed to provide one thousand eighty-
nine (1,089) square feet of required canopy coverage;
2. Trees must be from the approved list of desirable species (preference given for
trees designated as native);
3. No more than one-third eh) of the trees may be from anyone (1) tree species;
4. Trees shall average at least two-and-one-half-inch caliper and may be a minimum
of one-and-one-half-inch caliper;
5. Not less than twenty (20) percent of the trees shall be conifers;
6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6) feet in
height;
7. Plant materials used for the reforestation shall be of a similar species as
vegetation found on site;
8. Trees shall be used that are appropriate to the soil conditions found on site; and
9. Trees shall be from certified nursery stock as defined and controlled by Minnesota
Statute sections 18.44 through 18.61, the Plant Pest Act.
10. Not less than seventy-five percent of the total trees required shall be
overstory species.
ISSUE:
Staff is proposing to clarify that site grading for a subdivision is a development activity that may
not be initiated until the appropriate security is provided. There are many improvements as part
of the subdivision that are not "public" in nature, but that must be reviewed and approved by the
city, e.g., private streets, private storm water ponds, private utilities, etc., which the city wants to
insure are completed.
Sec. 18-78. Required improvements.
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(c) Prior to the city signing the final plat and prior to the construction of any improvements or
site grading, the developer shall provide the city with a letter of credit or cash escrow to insure
that all improvements required by this chapter will be installed and paid for at no city expense.
For improvements to be installed by the developer, the developer is obligated to install and
complete all such improvements at his or her own expense and under the supervision and
inspection of the city. For improvements which the city agrees to install, the developer shall pay
the cost of such improvements through payment of special assessments. As security to the city
for installation of the improvements or the payment of special assessments, the developer shall
be required to file a cash escrow or letter of credit in an amount and form acceptable to the city
to cover the cost of all f*lblie improvements and special assessments.
Chapter 20, ZONING
ISSUE:
There has been some discussion and concern that the RLM district permits increased impervious
surface for each lot which may negatively impact the storm water runoff and water quantity and
quality issues in the community. In developing this zoning district, staff had in mind the Bluff
Creek Corridor where there would be large areas of open space preserved within the project
which would permit other areas to be developed more intensely. Staff is proposing that the
intent section of the RLM district be amended to clarify that the expectation for the use of the
district will include areas of open space.
Sec. 20-641. Intent.
The intent of the "RLM" District is to provide for single-family attached or detached residential
development on land guided residential--low or medium density in the city's comprehensive plan
with a maximum net density of eight units per acre. The "RLM" District is intended to be
used in the Bluff Creek Overlay District or where large areas of upland will be preserved
as permanent open space to balance the higher hard surface coverage permitted on
individual lots.
ISSUE:
The section to be deleted is included in the prohibited section of the ordinance (section 20-
1259(8)).
Section 20-1255 Signs allowed without permit.
(2) Directional signs.
a. On-premises signs shall not be larger than four square feet. The maximum height of the
sign shall not exceed five feet from the ground. The placement of directional signs on the
property shall be so located such that the sign does not adversely affect adjacent
properties (including site lines or confusion of adjoining ingress or egress) or the general
appearance of the site from public rights-of-way. No more than four signs shall be
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August 15,2006
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allowed per lot. The city council may allow additional signs in situations where access is
confusing or traffic safety could be jeopardized.
b. Off-premises signs shall be allowed only in situations where access is confusing and
traffic safety could be jeopardized or traffic could be inappropriately routed through
residential streets. The size of the sign shall be no larger than what is needed to
effectively view the sign from the roadway and shall be approved by the city council.
c. On-premises signs for industrially zoned land in excess of 40 acres shall not exceed 12
square feet. The maximum height of the sign shall not exceed five feet from the ground.
The placement of directional signs on the property shall be so located suc~ that the sign
does not adversely affect adjacent properties or the general appearance of the site from
public right-of-way. No more than four signs shall be allowed per site. The city council
may allow additional signs in situations where access is confusing or traffic safety could
be jeopardized.
d. Bench signs are prohibited except at transit stops as authorized by the local transit
authority.
ISSUE:
The city recently adopted standards for electronic message center signs. Staff has been directed
to create regulations that would require signs near single-family residential homes be turned off
overnight.
In reviewing the literature, staff was unable to find any definitive information to determine at
what distance such signage would no longer be visually intrusive. In establishing the distance,
staff used the distance between the Chapel Hill sign and the nearest single-family home to the
east and added the depth of a standard lot.
The area of potential interfaces with the proposed amendment language include immediately
adjacent to the north side of the downtown area, along Powers Boulevard east of Eckankar,
around the 7/41 Center and Minnetonka Middle School West, along West 78th Street east of
Century Boulevard, at Galpin Boulevard and West 78th Street, along Coulter Boulevard between
Galpin Boulevard and Stone Creek Drive, south of Lake Drive West From Audubon Road to
Bluff Creek, along Lake Drive East east of Great Plains Boulevard, at West 86th Street and Great
Plains Boulevard, and at Lyman Boulevard and Great Plains Boulevard.
Section 20-1259 (2)
(2) Motion signs and flashing signs, except electronic message center signs, time and
temperature signs and barber poles which may be permitted by conditional use permits (see
sections 20-231 through 20-237), and shall comply with the following standards:
a) No electronic message center sign may be erected that, by reason of position, shape,
movement or color interferes with the proper functioning of a traffic sign, signal or
which otherwise constitutes a traffic hazard.
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b) Electronic message center displays shall not exceed 5,000 Nits between the hours of
civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil
sunset and civil sunrise.
c) Electronic message center signs shall not cause direct glare nor become a distraction
due to excessive brightness.
d) The lamp wattage and luminance level in candelas per square meter (Nits) shall be
provided at the time of permit applications.
e) There shall be no electronic message center signs in the front setback area within fifty
feet (50') of a street intersection (as measured from intersecting right-of-way lines) or
within one hundred twenty five feet (125') of a residential district, except where
lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard.
1) Electronic and non-electronic message center space used on a sign shall not exceed a
total of forty (40) square feet or twenty five percent (25%) of the allowable sign area,
whichever is less. The message displayed on electronic message center signs shall be
depicted in one statement and not a continuing sentence or flow of information.
Flashing, scrolling, special effects or animated scenes on electronic reader boards shall
be prohibited.
g) Electronic message center signs shall not be located in agricultural or residential zoning
districts.
h) Electronic message center sign LED display use for signs within 500 feet of single-
family residential homes shall be limited to the hours between 6:00 a.m. and 10:00
p.m.
ISSUE:
The language in section 20-1265 conflicts with sections 20-1255 (9) c, 20-1255 (10) a. 3., 20-
1255 (10) b. 5., 20-1255 (10) c. 4., 20-1301 (1),20-1302 (1), 20-1303 (1) and (2) 20-1304 (1)
and (2). Additionally, the city permits development signs in public streets as part of the
subdivision process. The triangle is in a "sight" distance, not a "site" distance.
Sec. 20-1265 General location restrictions.
(a) No sign or sign structure shall be closer than 10 feet to any lot line thafl a distance equal to
one half the minimum required yard setback. Signs shall not block the sighte distance
triangle from any private drive or access. Signs shall not be located in any sight distance
triangle 30 feet from the point of intersection of the property line.
(b) Signs on nonresidential property which are immediately adjacent to residential uses or
districts shall be positioned so that the copy is not visible along adjoining side and rear yard
property lines.
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(c) No sign, other than governmental signs, shall be erected or placed upon any public street,
right-of-way, or project over public property unless approved by the city and contingent
upon an approved encroachment agreement. Temporary signs may not be erected or
placed in a public easement unless approved by the city. No sign shall be placed within any
drainage or utility easement without an approved encroachment agreement.
(d) Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian
traffic. No private sign shall contain words which might be construed as traffic controls,
such as "Stop," "Caution," "Warning," unless the sign, is intended to direct traffic on the
premIses.
(e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences
or trees nor, interfere with any electric light, power, telephone or telegraph wires or the
supports thereof.
(f) No sign or sign structure shall be erected or maintained that prevents free ingress or egress
from any door, window or fire escape. No sign or sign structure shall be attached to a
standpipe or fire escape.
(g) Window signs shall not cover more than 50 percent of the total window area in which they
are located. The area of a window sign shall be interpreted as the total window area for that
face of the building. In no case shall the total window sign area exceed the permitted wall
sign area defined in this ordinance for said district. Buildings with less than 32 square feet of
window area are exempt from this provision.
RECOMMENDA TION
Staff recommends the Planning Commission adopt the following motion:
''The Chanhassen Planning Commission recommends approval of the attached ordinances
amending Chapters 18 and 20 of the Chanhassen City Code."
ATTACHMENTS
1. Ordinance Amending Chapter 18, Subdivisions, of the Chanhassen City Code.
2. Ordinance Amending Chapter 20, Zoning, of the Chanhassen City Code.
g:\plan\bg\city code\pc memo 2006 amendments part 2.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18,
CHANHASSEN CITY CODE,
SUBDIVISIONS
THE CITY COUNCil.. OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 18-39 (a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) After the pre-application consultation and at least 30 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 reduction of each sheet, an electronic format file of the plans, and proof of
ownership satisfactory to the city. A list of property owners within 500 feet of the
property will be prepared by the City. The applicant shall pay the application fee
established by city council. All required data, documentation plans, copies and fees must
be submitted before the application 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.
Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 18-40 (4) d (1) (f), which shall read as follows:
Maintenance and repair of retaining walls, which cross lot lines, built in conjunction with
the subdivision shall be the responsibility of the developer, and upon completion of the
project, the homeowners association.
Section 3. Section 18-39 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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, both at least ten days before the date of hearing. Written notice shall also be
mailed by the city to the applicant and all owners of record within 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. The community development director may require an expanded mailing list
for sites fronting on lakeshore where the development would be visible over a larger area.
The applicant is responsible for meeting with affected homeowners.
Section 4. Section 18-57 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
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
conditions, runoff of stormwater, 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 trunkhighways. If no
such plans or standards are applicable, right-of-way and pavement widths shall not be
less than the following:
Right-of-Way Roadway/
Street Pavement
Classifications Widths (feet) Width (feet)
Minor arterial 100 36
Collector 80 36
Local street (rural residential) 60 24
Local street (urban residential) 60 31
Local street (commercial/industrial) 60 36
Cul-de-sac, turnaround radius (urban/residential) 60 45.5
Cul-de-sac, turnaround radius (rural residential) 60 40
Cul-de-sac, turnaround radius (commerciallindustrial) 60 48
Private Street (residential serving A-2, RR, RSF, R-4, 30 20
RLM)
Private Street (residential serving RLM, R-8, R-12, R-16) 40 24
Private Street (commerciallindustrial) 40 26
(c) Insofar as practical, streets shall intersect at right angles. In no case shall the angle
formed by the intersection of two streets be less than 60 degrees. Intersections having
more than four comers are prohibited.
(d) A tangent of at least 300 feet shall be introduced between reverse curves on arterial
and collector streets.
(e) When connecting street lines deflect from each other at one point by more than ten
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 500 feet for arterials, 300 feet for
collectors, and 100 feet for all other streets.
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(f) 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
transportation.
(g) All centerline grades shall be at least five-tenths (.5) percent and shall not exceed five
percent, for arterials and seven percent for all other streets and alleys. Whenever
possible, grades within 30 feet of intersections or railroad crossings shall not exceed
three percent.
(h) Different connecting street grades shall be connected with vertical curves. Minimum
length, in feet, of the vertical curves shall be 20 times the algebraic difference in the
percentage of grade of the two adjacent slopes.
(i) Local streets shall have a centerline offset of not less than 300 feet. Offset
intersections shall be avoided.
G) The alignment shall discourage through traffic.
(k) The maximum length of a street terminating in a cul-de-sac shall be 800 feet. The
length of the cul-de-sac shall be measured from the intersection of the centerlines of
the cul-de-sac to the intersecting street to the center point of the cul-de-sac
(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
dedication 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 requirements as prepared by the city engineer's office. The
construction of private streets is prohibited except as specified in subsection 18-57(p).
(0) Private streets may be permitted in business, industrial, office, RLM (when equal to
or greater than four units per acre), R-8, R-12, and R-16 if the city finds the following
conditions to exist:
(1) The prevailing development pattern makes it unfeasible or inappropriate to
constrict 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.
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(p) Private street standards. 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 two units or more in the A-2, RR,
RSF, R4, and RLM (when less than four units per acre) districts must be built to a
seven-ton design, paved to a width of 20 feet, utilize a maximum grade of ten
percent, and provide a turnaround area acceptable to the fire marshal based upon
guidelines provided by applicable fire codes. Private streets serving RLM (when
equal to or greater than four units per acre), R-8, R-12, and R-16, shall be built to
a seven-ton design, paved a minimum width of 24 feet, utilize a maximum grade
of ten percent, and provide a turnaround acceptable to the fire marshal based on
applicable fire codes. Private streets serving business, industrial and office
districts shall be built to a nine-ton design, paved a minimum width of 26 feet,
utilize a maximum grade of ten 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
private street, the applicant 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 24 hours
of a snowfall greater than two inches. Covenants concerning maintenance shall
be filed against all benefiting properties. Parking on the private street or
otherwise blocking all or part of the private street shall be prohibited.
(3) Private streets that are not usable by emergency vehicles because of obstructions,
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 M.S.
S 429.101, subd. l(C).
(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 RLM (when equal to or greater than four units per
acre), R-8, R-12, R-16 business, industrial, and office districts, these
improvements shall include concrete curb and gutter.
(5) Street addresses or city approved street name sign, if required, must be posted at
the point where the private street intersects the public right-of-way.
(6) The private street shall be designed to minimize impacts upon adjoining parcels.
The city may require revised alignments, specific building orientation, increased
setbacks, and landscaping to minimize impacts. An erosion control plan should be
completed and approved prior to construction.
(7) The private street in the A-2, RR, RSF, R-4 and RLM (when less than four units
per acre) districts, must be located within a strip of property at least 30 feet wide
extending out to the public right-of-way or covered by a 3D-foot wide easement
that is permanently recorded over all benefited and impacted parcels. Neither the
area within the easement for the private street nor the impervious surface of the
private street shall be included within the calculation of the lot area or lot
coverage of the lot in which the easement is located. Once the private street
terminates, the area of the easement and impervious surface of the driveway shall
be included in the calculation of lot area and lot coverage for the lot.
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(8) Private streets serving RLM (when equal to or greater than four units per acre), R-
8, R-12, R-16, business, industrial, and office districts, must be located within a
strip of property at least 40 feet wide extending out to the public right-of-way or
covered by a 40-foot wide easement that is permanently recorded over all
benefited and impacted parcels. Both the area and the impervious surface of the
easement and private street shall be included in the calculation of lot area and lot
coverage of the lot in which the easement is located.
(9) Maintenance and repair of private utilities located within the private street shall be
the responsibility of the benefiting property.
(q) Private reserve strips controlling public access to streets shall be prohibited.
(r) Flag lots may be permitted in the A2, RR, RSF and R4 districts if the criteria in
variance section 18-22 are met and upon consideration of the following:
(1) The prevailing development pattern makes it unfeasible or inappropriate to
construct a public/private 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 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 flag lot will permit enhanced protection of the city's natural
resources, including wetlands and protected areas.
(s) Private streets serving up to four lots may be permitted in the A2, RR, RSF, R4 and
RLM (when less than four units per acre) districts if the criteria in variance section
18-22 are met and upon consideration of the following:
(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 protected areas.
(t), Temporary cul-de-sacs must be constructed at all locations where a street stub will be
constructed and will be extended in the future. The temporary cul-de-sac must be 90
feet in diameter and lie within platted right-of-way or easement. The developer must
submit an escrow for the cost of removing the temporary cul-de-sac and vacating the
easement (if applicable).
Section 5. Section 18-61 (d) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The following standards shall be used in evaluating subdivisions and site plans:
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(1) It is a policy of the City of Chanhassen to protect the integrity of the natural
environment through the preservation, protection, and planting of trees. The city
finds that trees provide many benefits including: stabilization of the soil by the
prevention of erosion and sedimentation, reduction of storm water runoff and the
costs associated therewith, improvement of air quality, reduction of noise
pollution, control of urban heat island effect, protection and increase of property
values, protection of privacy, energy conservation through natural insulation,
control of drainage and restoration of denuded soil subsequent to construction and
grading, protection from severe weather, providing habitat for birds and other
wildlife, conservation and enhancement of city's physical and aesthetic
environment, reforestation of open lands, and general protection and enhancement
of the quality of life and general welfare of the city. It is therefore the purpose of
this section to provide regulations related to the cutting, removal, or killing of
trees on construction and development sites and to ensure the protection and
preservation of the natural environment and beauty of the City of Chanhassen.
(2) Prior to the submittal of development plans, a tree survey of the site shall be
prepared by a registered landscape architect, licensed forester, or other
professional approved by the city. This survey shall include the species, DBH
size, condition, location of all trees over ten inches in diameter and any damaged
or diseased trees on site. All significant special, damaged or diseased trees shall
be tagged and identified by number on the survey. A delineation of the existing
canopy coverage area(s) which outlines all areas covered by tree canopy shall be
included as part of the survey. Additionally, all damaged and diseased trees shall
be cataloged with the nature and extent of any damage or disease specified.
a. Based on this survey and either site observation and measurement or a current
aerial photograph (taken within one (1) year of the date of plan submittal)
interpretation, the following shall be calculated:
1. Base line canopy coverage.
2. Minimum canopy coverage requirements.
b. The following table shall be used to determine the minimum amount of
canopy coverage that must be maintained or provided on-site as part of the
development. It shall represent the minimum canopy coverage, consisting of
existing tree canopy and/or additional trees required for the site. Existing
wetland areas located on site shall be excluded from the calculation of site
area in the determination of site coverage. If a forested area is to be dedicated
to the city for park land, then this area shall not be included in the base line
canopy coverage area calculation nor shall it count towards the minimum
canopy coverage for the site.
Base Line Canopy Coverage Per Acre
Comprehensive Plan Designation 80-- 60--79% 40--59% 20--39% 19% or
100% less
Commerci alii n dustri allinsti tuti onal 28% 25% 20% 14% 10%
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High density residential 35% 30% 25% 20% 15%
Medium density residential 40% 35% 30% 25% 20%
Low density residential 55% 46% 35% 30% 25%
Large lot residential 68% 56% 43% 35% 25%
Base line canopy coverage is the canopy coverage existing at the time the
development application is filed with the city. Minimum canopy coverage is
determined by using the matrix.
c. Priority shall be given to retaining stands of trees and undisturbed wooded
lands over individual specimen trees that will be incorporated into the
development. No more than ten (10) percent of the canopy retention
requirement may be met by an individual tree that is not included within a
designated woodland area.
d. For developments that do not meet the minimum canopy coverage, the
developer shall be required to develop a forestation plan to bring the total
canopy coverage up to the minimum requirement. Where existing woodlands
are removed or there is a loss of trees that would otherwise be used to meet
the canopy coverage retention requirement, the developer shall develop a
woodland replacement plan. The replacement plan must designate an area at
least one and two-tenths (1.2) times the removed canopy coverage area that
shall be planted with replacement trees for those removed. These plans shall
locate additional trees either as a continuation of existing stands of trees that
are to be preserved or create new stands of trees in desirable locations such as
along roadway corridors, on the north and west perimeters of the
development, in common open areas, or adjacent to park facilities.
e. The following criteria shall be followed in establishing minimum canopy
coverage:
1. When planting trees, one (1) tree shall be deemed to provide one thousand
eighty-nine (1,089) square feet of required canopy coverage;
2. Trees must be from the approved list of desirable species (preference
given for trees designated as native);
3. No more than one-third eh) of the trees may be from anyone (1) tree
speCIes;
4. Trees shall average at least two-and-one-half-inch caliper and may be a
minimum of one-and-one-half-inch caliper;
5. Not less than twenty (20) percent of the trees shall be conifers;
6. Conifer trees shall average seven (7) feet and shall be a minimum of six
(6) feet in height;
7. Plant materials used for the reforestation shall be of a similar species as
vegetation found on site;
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8. Trees shall be used that are appropriate to the soil conditions found on
site; and
9. Trees shall be from certified nursery stock as defined and controlled by
Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act.
10. Not less than seventy-five percent of the total trees required shall be
overstory species.
Section 6. Section 18-78 (c) of the City Code, City ofChanhassen, Minnesota, is hereby
amended to read as follows:
Prior to the city signing the final plat and prior to the construction of any improvements
or site grading, the developer shall provide the city with a letter of credit or cash escrow
to insure that all improvements required by this chapter will be installed and paid for at
no city expense. For improvements to be installed by the developer, the developer is
obligated to install and complete all such improvements at his or her own expense and
under the supervision and inspection of the city. For improvements which the city agrees
to install, the developer shall pay the cost of such improvements through payment of
special assessments. As security to the city for installation of the improvements or the
payment of special assessments, the developer shall be required to file a cash escrow or
letter of credit in an amount and form acceptable to the city to cover the cost of all
improvements and special assessments.
Section 7. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _ day of , 2006, by the City
Council of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
8
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE Al\1ENDING CHAPTER 20,
CHANHASSEN CITY CODE,
ZONING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-641of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The intent of the "RLM" District is to provide for single-family attached or detached
residential development on land guided residential--Iow or medium density in the city's
comprehensive plan with a maximum net density of eight units per acre. The "RLM"
District is intended to be used in the Bluff Creek Overlay District or where large areas of
upland will be preserved as permanent open space to balance the higher hard surface
coverage permitted on individual lots.
Section 2. Section 20-1255 (2) d. of the City Code, City of Chanhassen, Minnesota, is
hereby repealed.
Section 3. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding
a section to be numbered 20-1259 (2) h), which shall read as follows:
Electronic message center sign LED display use for signs within 500 feet of single-family
residential homes shall be limited to the hours between 6:00 a.m. and 10:00 p.m.
Section 4. Section 20-1265 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
No sign or sign structure shall be closer than 10 feet to any lot line. Signs shall not block
the sight distance triangle from any private drive or access. Signs shall not be located in
any sight distance triangle.
Section 5. Section 20-1265 (c) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
No sign, other than governmental signs, shall be erected or placed upon any public street,
right-of-way, or project over public property unless approved by the city and contingent
upon an approved encroachment agreement. Temporary signs may not be erected or
placed in a public easement unless approved by the city. No sign shall be placed within
any drainage or utility easement without an approved encroachment agreement.
Section 6. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this _ day of , 2006, by the City
Council of the City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
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