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Ordinance 212CITY OF CHANHASSEN 04 CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 212 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, ESTABLISHING HIGHWAY CORRIDOR DISTRICTS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Section 20-1 of the Chanhassen City Code is amended by adding the following definitions: 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. Site Furnishines 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. SECTION 2. Section 20-201 of the Chanhassen City Code is amended by adding the following special districts: HC-1, Highway 5 Central Business Corridor District HC-2, Highway 5 Corridor District SECTION 3. Section 20-106 of the Chanhassen City Code is amended by adding subparagraph (6) to read: (6) Within the HC districts, meet the additional purpose, intent and standards of the HC districts. SECTION 4. Section 20-109 of the Chanhassen City Code is amended by adding subparagraph (6) to read: (6) Within the HC districts, the application shall also include: 0 A. Building elevations from all directions, indicating materials, colors and landscaping at installation. B. Buildingand site views from Highway 5, the appropriate access g Y boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. C. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. D. Drawings of all significant or atypical site features, such as unusual landscaping, man-made water features other than retention ponds, outdoor sculpture, or other large-scale artwork, and other uncommon constructs. E. Sample building materials, upon the City's request. F. Sample paving materials, upon the City's request. SECTION 5. Section 20-110 of the Chanhassen City Code is amended by adding subparagraph (7) to read: (7) Within the HC districts, consistency with the purpose, intent, and standards of the HC districts. • SECTION 6. Section 20-116 of the Chanhassen City Code is amended by adding subparagraph (e) to read: (e) Within the HC districts, the standards for the HC districts shall apply in addition to the standards specified in this division. SECTION 7. Section 20-118 of the Chanhassen City Code is amended to read: Sec. 20-118. Retaining Walls. Retaining walls exceeding five (5) feet in height, include state walls which cumulatively exceed five (5) feet in height, must be constructed in accordance with plans prepared by a registered engineer or landscape architect and in conformance with all building materials specifications and limitations set forth in this division or, if applicable, in the HC districts. SECTION 8. Chapter 20 of the Chanhassen City Code is amended by adding Article XXIX to read: 0 2 ARTICLE XXIX.HIGHWAY CORRIDOR DISTRICTS 0 DIVISION 1, HC-1 DISTRICT Sec.20-1450. Purpose. The Highway 5 Corridor and the development within it will be major factors influencing the visual and environmental quality of the community as a whole. Due to the intensity of land uses, the Highway 5 Corridor represents the heart of Chanhassen as well as its dominating image of those passing through the community. Development in the corridor must be designed with greater sensitivity to the environment and of generally higher quality than might have occurred in the absence of specific standards. The purpose of the District is to: (a) Protect creek corridors, wetlands, and significant stands of mature trees through use of careful site design, protective easements, sensitive alignment and design of roadways and utilities, incorporation of natural features, landscaping and massing of trees that enhance existing natural features and views, and the practices delineated in the City's Best Management Practices Handbook. (b) Promote high -quality architectural and site design through improvement development standards within the corridor. These standards govern site planning, placement of building masses, use of materials, and the like enable the City to enhance what otherwise might result in low quality strip development. • (c) Create a unified, harmonious, and high -quality visual environment throughout the corridor, thereby identifying it as a special place with a unique identity within both the City and the Twin Cities region as a whole. (d) Foster a distinctive and positive community image, for the City as a whole and especially for the Highway 5 Corridor, which functions as the City's main entrance. Sec. 20-1451. Intent. The City intends that all development within the district should strive toward the highest level of quality in both design and construction. The criteria by which new development in this district shall be judged are as follows: (a) Consistency with all provisions of the Comprehensive Plan, as amended from time to time; the Surface Water Protection Program; all provisions of the Zoning Ordinance and Subdivision Ordinance not specifically overridden by the provisions of this district; and all other applicable land use regulations. (b) Preservation of the natural conditions found on each site to the greatest extent possible, through minimized removal of trees and other vegetation and soil, minimized site grading, and application of the practices found in the City's Best Management Practices Handbook. (c) Establishment throughout the district of harmonious physical and visual relationships among existing, new, and proposed buildings, open spaces, natural terrain, and plant materials and placement with the intent of creating a unique and unified appearance for the entire corridor. (d) Use of appropriate materials, lighting, textures, colors, and architectural and landscape forms to create a unified, high -quality design concept for each site that is compatible with adjacent and neighboring structures and functions, including but not limited to natural areas, City -owned property, and vacant land subject to future development in accordance with the Comprehensive Plan. (e) Creation of unified site designs, each with a sense of internal order, that provide desirable environments for site users and visitors and the community as a whole and that consider all site elements including: the relationship of buildings to surrounding landforms; grading; architectural design; building, parking and loading dock orientation; building height; use of man-made materials, including paving; site furnishings (lighting, outdoor seating, signage, etc.); landscaping (retention of natural vegetation, plant selection and placement, retention and incorporation of water features, etc.); and other visible outdoor site elements. 40 (f) Creation of a suitable balance between the amount and arrangement of open space, P landscaping, and view protection and the design and function of man-made features on the other. Achieving this balance shall take into account screening, buffering, size and orientation of open spaces, personal and property security, localized wind and solar effects, and protection of important public ways. (g) Provision of safe and adequate access to and from sites giving ample consideration to the location and number of access points from public streets, the safety and convenience of merging and turning movements, and traffic management and mitigation. (h) Provision of on -site vehicular, bicycling, and pedestrian circulation by way of interior drives, parking areas, pathways, and walkways adequate to handle anticipated needs and to safety buffer pedestrians and cyclists from motor vehicles. Ample consideration shall be given to the width of interior drives, internal traffic movement and flow, separation of pedestrian, cycling, automobile, and delivery traffic, and the safe convenient, and practical arrangement of parking spaces. (i) Adequate separation and protection of each site from adjacent properties, access boulevards, and Highway 5 and vice -versa, through reasonable provisions for surface water 0 4 • • 1� u drainage, sound and sight buffers, view protection, privacy, and other aspects of design that may not be specifically covered by these or other regulations but are found to have significant effect on any or all of the properties and roadways. Sec. 20-1452. District Application. The "HC-l" district shall be applied and superimposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this ordinance. The regulations and requirements imposed by the "HC-l" district shall be in addition to those established for districts which jointly apply. Under the joint application of the districts, the more restrictive requirements shall apply. Sec. 20-1453. Building and Parking Orientation. control: (a) For the purpose of determining front, rear, and side yards, the following shall 1. In any lot that abuts Highway 5 directly, other than a single family residential lot, the lot line abutting the highway shall be considered the front lot line. 2. In any lot that abuts either of the access boulevards parallel to Highway 5, including any existing single family residential lot, but excluding any new single family residential lot, the lot line abutting the boulevard shall be considered the front lot line. 3. In any lot that abuts both Highway 5 and one of the access boulevards, other than a single family residential lot, the lot shall be regarded as having two front lot lines. The lot line abutting the boulevard shall take design precedence. Such a lot shall be regarded as having no rear lot line or yard. 4. No new single family residential lot may have a front yard that faces Highway 5, nor a front yard that faces either of the access boulevards. No new or existing single family residential lot shall provide driveway access directly from Highway 5, nor shall any new single family residential lot provide driveway access directly from Highway 5 or either of the access boulevards. r FROM LOT LINE r FRONT LOT LNE LOTH LOT 0 I 1 LOT C 6 MEYARD 6 LOT b FROTLINE 5 M FROIOTLNE OM l FRONT LOT LINE THS FROM LOT LINE SKAIL T/JCE DESIGN PRECEDENCE (b) Parking areas shall not be located within the required minimum front (primary or secondary) yard setback of any lot. �. • nv�1a. KGWAYS Z YI�o 0 G 0l NOF/�RKNGIN FRONTYARD YJ 6ULDING bUIDING .... a M7 YAACNG r NFROWTYARD i 3 KQ 66 6MEYARD Sec. 20-1454. Architectural Design Standards. BUILDING SETBACK Standards governing architectural design shall apply to all new and renovated buildings within the district with the exception of single-family residences on individual lots. (a) Architectural style shall not be restricted. Evaluation of the appearance of a project shall be based on the quality of its design and on its relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roof -line and setback. Designs that are incompatible with their surroundings or intentionally bizarre or exotic are prohibited. I �rsv s„iD..c wDCDiDOS (b) Monotony of design, both within projects and between any project and its surroundings, is prohibited. Variation in detail, form, and siting shall provide visual interest. Site characteristics that may be used for this purpose include building and plant materials, sizes, colors, textures, shapes, massing, rhythms of building components and details, height, roof -line, and setback. 0 6 • DO THIS.. NDiTHS 6ULDWG I DULDWO DO THS_ HOrt THIS 1111 AVOIDING MONOTONY (c) Within the district, particular attention shall be paid to architectural compatibility with the existing environment. (1) Each building shall contain one or more pitched roof elements. C (2) All new construction and redevelopment shall conform to the established building scale, range of building materials, pedestrian orientation, and relationship between buildings and the streetscape. (d) Building heights shall be limited to three (3) stories or forty (40) feet. Measurement of the highest point shall exclude antennas for television and radio reception, but shall include architectural details (e.g., parapet walls), transmission antennas, satellite dishes and transmission equipment, microwave -transmission equipment, and other non- structural building elements. (e) All man-made architectural, landscape, and paving materials shall reflect the highest quality possible and should be used in a manner suitable to the nature of the material, its role in the design, general durability, expected level of use or abuse, weathering characteristics, and ease and frequency of maintenance. Major exterior surfaces of all walls 9 7 shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place or pre -cast panels, decorative block, or approved equivalent, as determined by the city. • The following may not be used in any visible exterior application except when specifically permitted by the City in areas with limited public view: ♦ Exposed cement ("cinder") blocks. ♦ Fabricate metal or pole construction structures, including mobile homes, sheds, warehouses, and industrial buildings constructed either on or off -site of corrugated metal panels. ♦ Exterior brick that is painted over. ♦ Experimental materials with no proven record of durability or ease of maintenance in the intended application. ♦ A solid wall unrelieved by architectural detailing, such as a change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways. A change in texture alone is not sufficient to meet this requirement. ♦ Materials or construction methods used for one aspect or portion of a project that are significantly lower in quality than those used for the balance of that iproject, such that this one aspect or portion is or rapidly becomes an eyesore or detriment to the project as a whole. ♦ A distinct and different material or combination of materials for each exposed exterior wall. No more than two (2) principal materials or two (2) principal combinations of materials should be used to construct any one building. Addition of other materials for accent use is permissible. ♦ As building element, combination of elements, or another site structure that acts as a conspicuous building emblem or signature. Examples include single garish elements (e.g., orange roofs); use of bricks, blocks, or tiles to turn a wall into an outsized sign or logo; and other attempts to use a building or wall as an advertisement. (f) Site designs and configurations that tend to catch and accumulate trash, leaves, and dirt shall be avoided. In addition, provisions for washing and cleaning buildings, other structures, and building grounds shall be considered and included in the design. (g) All building components, such as windows, doors, eaves, soffits, and parapets, shall have good proportions that relate to the facade of the building and shall relate well with • one another. rr MCI; 1311 PROPORTIONS OF BUILDING COMPONENTS (h) Colors shall be harmonious. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes. USING COLOR (i) Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from • the public view and with materials identical to or strongly similar to building materials or by heavy landscaping that will be effective in winter or they shall be located so as not to be visible from any public way. Use of parapet walls or pitched roof elements to screen equipment is encouraged. In no case shall wooden fencing be used as a rooftop equipment screen. 0) Screening of service yards, refuse, and waste -removal areas, loading docks, truck parking areas, and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public right-of-way and shall be equally effective in winter and summer. • • 6CREEN FENCE OR WALL fsHzubS VENTED SCREEN WALL FLATROOF HmizoNTAL WOOD TRELL EQUP. TLEROOF SCREENING 9 10 MECK&N CAL EQUPMENT 6GREENFENCE OR WALL Sec. 20-1455. Landscape Design and Site Furnishings. • The following standards governing design and placement of landscaping and site furnishings shall apply to all new and renovated buildings within the district, with the exception of single family residences on individual lots. (a) Where natural or existing topographic patterns contribute to the beauty or utility of a development, they shall be preserved to the greatest extent possible. Modification to topography will be permitted where and to the extent that it contributes to good design. All topographic modifications shall adhere to the practices delineated in the City's Best Management Practices Handbook. DOG COSTW6 TREES PRESERVING TOPOGRAPHY (b) The grades of all walks, parking spaces, terraces, and other paved areas shall conform with the requirements of the Americans with Disabilities Act. In addition, they shall provide an inviting and stable appearance from walking. Stairs and ramps may be substituted for slanted pavement when necessary. (c) All landscape shall preserve and enhance natural features (such as wetlands, drainageways, mature stands of trees, and the like), enhance architectural features, strengthen vistas and important axes, and provide shade. (d) Landscaping shall emphasize massing of plant materials over isolated or scattered placement of individual specimens. Reforestation as prescribed by the City's Tree Preservation and Reforestation Ordinance is encouraged. 0o nts- HOT MS LANDSCAPE MASSING 0 11 (e) Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with natural existing materials and adjacent developments where • appropriate. • UNITY OF DESIGN (f) Plant material shall be selected for interest in its structure, texture and color, and for its ultimate growth size. Plants that are indigenous to the area and others that will be hardy, harmonious to the design of good appearance, and of relatively easy maintenance shall be used. (g) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or similar devices. WEE CRATE TREEPROTEMON (h) Where building sites limit planting, the placement of trees in parkways, gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consideration shall be given to the special needs of plants surrounded by impervious surfaces. 00 MS._ . NOT TREE PLACEMENT 0 12 • C7 • (i) In areas where general planting will not prosper, other solutions --such as fences, walls, rock gardens, raised planters, or pavings of wood, brick stone, gravel, or cobbles --shall be used. Carefully selected plants shall be included. LOADING M SCREEN FE NC OR WALL HEDGE DRKh PAVING ORNAMEWAIL TREI CONCRETE w.w GRAD ALTERNATIVE LANDSCAPE TREATMENT ROCK GARDEN GIREETTREE 0) Exterior lighting shall enhance the building design and adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be arranged and focused so that minimal light falls on adjacent property and no light shines directly at or into any ' adjacent building. Excessive brightness and glare shall be avoided. LIGHTING CONTROL (k) Site furnishings located on private property shall be designed as part of the site's architectural concept and landscape. Materials and colors shall be in harmony with buildings, surroundings, and other furnishings; scale shall be appropriate to the site and the design; and proportions shall be attractive. (1) Site furnishings and landscaping located in any public way or on other public property shall be harmonious with the design of adjacent buildings, with the appearance of the highway in the vicinity, and with the generally character of the City. (m) Lighting in connection with site furnishings (e.g., to highlight a ground sign) shall meet the criteria applicable to site, landscape, buildings, and signs. (n) All provisions of the Chanhassen Zoning Ordinance, to the extent that they directly affect the appearance, design and utility of a particular site, and to the extent that they do no conflict directly with the standards delineated here, shall be a part of the criteria of this subsection. 13 0 DIVISION 2. HC-2 DISTRICT Sec. 20-1460. Purpose and Intent. The purpose and intent of the HC-2 district is the same as the HC-1 district with certain modifications to the district standards reflecting that the area within the HC-2 district is not part of the City's central business district. Sec. 20-1461. District Application. The "HC-l" district shall be applied to and super imposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this ordinance. The regulations and requirements imposed by the "HC-1" district shall be in addition to these established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply. Sec. 20-1462. Building and Parking Orientation. The building and parking orientation standards for the HC-1 district shall apply, together with the following additional requirements: (a) On building lots that abut Highway 5 directly, the minimum building setback from . the highway right-of-way shall be seventy (70) feet. The maximum building setback from the highway right-of-way for all buildings except single family residences shall be one hundred fifty (150) feet. No maximum building setback shall apply to single family residences. (b) On building lots that abut either of the access boulevards parallel to Highway 5, the minimum building setback from the boulevard right-of-way shall be fifty (50) feet. The maximum building setback from the boulevard right-of-way shall be one hundred (100) feet. Sec. 20-1463. Architectural Design Standards. The architectural design standards for the HC-1 district shall apply, with the exception of Section 20-1456(c) which shall not apply. Sec. 20-1464. Landscape Design and Site Furnishings. The landscape design and site furnishings standards for the HC-1 district shall apply. SECTION 9. The boundaries of the districts established by this chapter are delineated on the zoning map; the map and all notations, references, and date shown thereon are hereby adopted and made part of this chapter and will be on permanent file for public inspection at the Chanhassen City Hall. 0 14 SECTION 10. This ordinance shall be effective immediately upon its passage and • publication. PASSED AND ADOPTED this llth day of July, 1994, by the City Council of the City of Chanhassen. ATTEST: AQLam✓ ..�_!-�� Don Ashworth, City ' -manager onald J. el, ayor (Published in the Chanhassen Villager on July 21, 1994.) • 0 15 CITY OF CHANHASSEN CARVER AND HENNEPINN COUNTIES, NIINNESOTA suMMARY ORDINANCE NO.212 ESTABLISHING HIGHWAY CORRIDOR DISTRICTS The ordinance establishes an overlay district along Highway 5 from Dell Road to Highway 41. The intent is to preserve the natural features, create standards for architectural design and site standards as well as building materials. Passed and adopted by the Chanhassen City Council this 11th day of July, 1994. Kathryn R. Aanenson, AICP Planning Director (Published in the Chanhassen Villaagger on Thursday, July 21, 1994; No. 2209) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 22 C) , was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklm Subscribed and sworn before me on this day of .1994 Notary Public MEN M. RAIMNI Z a► NOTARY PUBLIC' - MINNESOTA SOOTT COUNTY •' •• My CIunT,,Issi-on Expires Feb. 24,1999 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.. $8.00 per column inch Maximum rate allowed by law for the above matter...................................$8.00 per column inch Rate actually charged for the above matter................................................$6.89 per column inch