B. City Code Issue Paper
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
B
-- ~
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Angie Auseth, Planner I
DA TE:
t~
February 11, 2008
SUBJ:
City Code Issue Paper
BACKGROUND
In anticipation of the adoption of the 2030 Comprehensive Plan, staff is preparing
an update of the City Code to coincide with its adoption. Staff has reviewed the
City Code and come up with issues, shortfalls, and general updates, and
recognizes pertinent additions that are warranted by the adoption of the 2030
Comprehensive Plan. Due to thenumber of changes, staff will be presenting
them in sections over the next few work sessions.
In some cases staff has offered a potential change to a specific section as a general
update or known issue. Staff is requesting input and guidance with regard to the
.identified issues before we proceed with a recommendation. Overall, staff is
requesting feedback for the proposed code updates. Based on that feedback, code
amendments and recommendations will follow at a later date.
ANA YLSIS
See attached section of the city code.
DIRECTION
The Planning Staff is looking to the City Council for feedback with regard to the
attached City Code issues.
ATTACHMENT
1. Chapter 20 Suggested Updates.
2. Permitted Uses in Commercial Districts Matrix.
3. CBD/BG Use Matrix.
g:\plan\aa\code revision\2008 code update\work session memo.doc
The City of 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.
CHAPTER 20--Z0NING
PLANNED UNIT DEVELOPMENT
1. ISSUE: The PUD specifically states that the PUD shall be reviewed simultaneously
with Chapter 18, and Chapter 20, Article II, Division 6, Articles V, VI and VII.
However, it does not specifically state the remaining underlying Chanhassen City
Code standards shall apply when an issue is not specifically addressed in the PUD
Development Contract, i.e. dimensional letters for signage.
In such case if the individual PUD agreement does not specifically call out these
ordinances, they cannot be strictly enforced. Staff suggests adding a subsection
within the Planned Unit Development District that will encompass all underlying
zoning ordinances to prevail unless other wise addressed in the PUD agreement.
PROPOSED CHANGE: Amend Section 20-504 by adding subsection (d) as shown
below.
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 chapter shall be carried out for
each nonsingle family or duplex principal structure that is proposed.
(c) PUD plans shall be coordinated with and in compliance with provisions of articles V,
VI, and VII of this chapter.
(d) In the event the PUD zoning ordinance or agreement is silent on an issue, the
underlying Chanhassen City Code standards shall prevail.
2. ISSUE: There are issues with the mandatory setback and buffer requirements in the
Planned Unit Development section of the City Code. The buffer requirements are
overly restrictive and prevent implementation of other planning goals, e.g. street front
retail. Staff proposes that these setback standards be developed in conjunction with
the design and approval of each project, rather than a one-size-fits-all standard.
When the PUD standards were originally developed, the City did not have a specific
buffer yard ordinance. In 1996, the City adopted specific buffer yard requirements.
Sec. 20-501. Intent.
1
"Planned unit developments offer enhanced flexibility to develop a site through the
relaxation of most nomzal 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." (Emphasis added)
The above paragraph discusses the enhanced flexibility; however, the imposition of
the strict standards is contradictory to the overall intent of the PUD.
In order to maintain a basis for negotiation for setback requirements, staff proposes
reducing the minimum setback standards to allow for more flexibility. Staff will be
referencing the buffer yard requirements to determine the minimum setback
requirments within a PUD. The minimum setback requirement is dependant on the
adjacent use.
Draft table
PUD Setback Requirements
Proposed Development
Q) Low Medium Hi2h Office Mixed Use Commercial Industrial Parks
rI:J
;:J Low None 20' 30' 30' 30' 40' 40' 20'
"'0 Medium None 10' 20' 20' 30' 40' 40' 20'
:::
t:a High None 10' 10' 20' 30' 40' 40' 20'
~
~ Office None 20' 20' 10' 20' 20' 20' 20'
::: Mixed Use None 30' 30' 20' 20' 20' 20' 30'
Q)
~ Commercial None 30' 40' 20' 20' 10' 20' 30'
t:a
;S Industrial None 10' 30' 20' 20' 20' 20' 30'
< Parks None 30' 10' 20' 30' 30' 30' 10'
Roads None 20' 20' 20' 20' 20' 30' 20'
Finally, staff would provide a basis or criteria for the City to either increase the
required setbacks or reduce the setbacks in order to implement community goals, e.g.,
affordable housing, street front retail, enhanced public spaces, etc.
Sec. 20-505 Required General Standards
(f) The setback for all buildings within a PUD from any abutting street line shall be
30 feet for local streets and 50 feet from railroad lines or 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 100 feet. The
setback for all buildings from exterior PUD lot lines not abutting a public street
shall be 30 feet except that in no case shall the setback be less than the height of
the building up to a maximum of 100 feet. Building setbacks from internal public
streets shall be determined by the City based on characteristics of the specific
2
PUD. Parking lots and driving lanes shall be setback at least 20 feet from all
exterior lot lines of a PUD.
The setback for parking structures including decks and ramps shall be 35 feet
from local streets and 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 50 feet or the height of the structure,
whichever is greater where adjacent to residential property; 35 feet when adjacent
to nonresidential properties. Parking structures setbacks from internal public or
private streets shall be determined 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.
(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 50-foot
buffer yard is to be provided where the interface occurs along a public street, a
100-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
3
reduce buffer yard requirements by up to 50 percent. The applicant shall have the
full burden of demonstrating compliance with the standards herein.
COMMERCIAL DISTRICTS
ISSUE: Staff is in the process of reevaluating all commercial districts, this includes
consolidating, and creating two new districts, Regional and Community Commercial.
This corresponds with the City's 2030 Comprehensive Plan discussion.
See attached Commercial Zoning Use Matrix
a) Reevaluate: Neighborhood, Central and Highway Business Districts
Nei2hborhood Business District
1. Banks in BN District:
Current ordinance requires a Conditional Use Permit to allow a drive-thru bank in
the BN District. Staff is proposing creating standards that would regulate the
drive-thru facility. These standards would apply to all drive-thru windows
throughout the City. The facility will be evaluated through the Site Plan Permit
process. If an existing building is converted to a bank or other use requiring a
drive-thru, the conversion will be processed administratively subject to
compliance with the standards.
2. Buffer yards in commercial district:
The current ordinance requires an excessive buffer yard in addition to a setback in
all commercial districts. The original criterion was created to buffer residential
districts from industrial sites. In 1993, the Planning Commission recommended
to amend the ordinance in all commercial districts as well as the industrial
districts to increase the buffer. A buffer is intended to provide a separation as
well as visual protection from a higher use.
Staff has been encountering situations where this added buffer serves no practical
purpose nor does it serve its intent. This requirement leads to a variance request
in which a hardship must exist. There are other means in providing adequate
buffering that can be much more efficient and effective than a mandatory buffer
area. For example, the City has a landscaping buffer yard requirement under the
landscaping section of the City Code.
3. Drive-thru window:
4
The current ordinance does not address drive-thru windows for uses other than
fast food and banks. There are uses such as pharmacy, dry cleaning, etc. that
utilize drive-thru windows. Staff has been regulating them as an accessory use.
Staff recommends creating specific standards to address all drive-thrus within the
Supplemental Regulations of the City Code.
4. BN District Height limitation:
The current ordinance limits building height in the BN district to one story. Staff
is recommending that if there is an adequate buffer between a residential
neighborhood and a BN District, then a three-story building and a maximum
height of 35 feet may be permitted. These are the same standards as the
Residential Single Family District
5. Uses in the BN District:
In the Neighborhood Business District all stand alone restaurants (either fast food
or standard) require a Conditional Use Permit. There are not any standard
regulations in the City Code for standard restaurants under the Conditional Use
Permit Section. The standards for granting a site plan permit adequately address
all the concerns associated with restaurants, i.e. noise, odor, compatibility with
surrounding area, traffic, screening, etc.
The Conditional Use Permit requirement for fast food restaurants was intended
when a drive-thru was integrated into the use, to regulate the loud speaker system,
etc. Staff is proposing developing drive-thru window standards in the
supplemental regulations. This would allow any type of restaurant to be a
permitted use in the BN district as well as to allow drive-thru windows throughout
the City. Should a restaurant request a drive-thru, the facility will be evaluated
through the Site Plan Permit process.
In addition, if an existing building is converted to a fast food restaurant, or other
use requiring a drive-thru, the conversion will be processed administratively
subject to compliance with the standards.
Central Business District
1. Restaurants in CBD
In the Central Business District all stand alone restaurants (fast food and standard
restaurants) require a Conditional Use Permit. There not any standard regulations
in the City Code for standard restaurants under the Conditional Use Permit
Section. The standards for granting a site plan permit adequately address the all
concerns associated with restaurants i.e. noise, odor, compatibility with
surrounding area, traffic, screening, etc.
5
The Conditional Use Permit requirement for fast food restaurants was intended
when a drive-thru was integrated into the use, to regulate the loud speaker system,
etc. Staff is proposing developing drive-thru window standards in the
supplemental regulations. This would allow any type of restaurant to be a
permitted use in the CBD district as well as to allow drive-thru windows
throughout the City. Should a restaurant request a drive-thru, the facility will be
evaluated through the Site Plan Permit process.
In addition, if an existing building is converted to a fast food restaurant or other
use requiring a drive-thru, the conversion will be processed administratively
subject to compliance with the standards.
b) Eliminate: The implications of eliminating the General Business (BG) district
and rezoning these properties to Central Business District (CBD).
See attached BG/CBD use matrix
c) Create: As stated in the 2030 Comprehensive Plan (Draft) the City has
maintained a longstanding policy of directing commercial development into the
Central Business District. Following are the new zoning districts, the City zoning
ordinance will be amended to create the development standards for these districts.
Community Commercial (Big Box Retailers)
Definition/Vision: A large-scale commercial and office district with a need for
high visibility along arterial roads. This type of development has a moderate
impact on the surrounding environment, including but not limited to lighting,
noise and traffic.
Location criteria for Community Commercial uses are: access to arterial streets,
preferably at intersections with collector and arterial streets; moderate to large-
sized sites; public water and sewer service; environmental features such as soils
and topography suitable for compact development; and adequate buffering by
physical features or adjacent uses to protect nearby residential development.
The total building area for an individual use within any area designated
Community Commercial should be no more than 150,000 square feet.
Goods and Services Examples
. Furniture and Home Furnishings
. Electronic and Appliance Stores
. Building Material and Garden Supplies
. Auto Parts and Accessories
. Sporting Goods
6
Regional Commercial
Definition/Vision: A mixed commercial district with retail and entertainment
uses of a scale and function that serves a regional market. The physical
environment emphasizes an attractive comfortable walking experience for
shoppers and visitors and is designed to serve trail users and mass transit as well
as automobile traffic. Centers of this type have at least two major retail anchors
and are characterized by the diversity and mix ofretail and service uses within
their boundaries. Uses within this district should complement existing retail users
in the other commercial districts.
Development of these centers shall be planned as a group of organized uses and
structures to accommodate a sensitive transition between commercial activities
such as loading, parking of automobiles, lighting and trash collection and
surrounding residential uses. Such centers shall be designed with one theme, with
similar architectural style, similar exterior building materials, and a coordinated
landscaping theme
Vehicle and pedestrian access is coordinated and logically linked to provide a
comprehensive circulation system.
The maximum building area of any single use within this district is 250,000
square feet.
Goods and Services Examples
. Entertainment
. Department Store
. Comparison Shopping
. Specialty Retail/Boutique
. Restaurants
. Hotels
. Residential
7
Proposed Commercial Use Matrix
CMTY REG
CLASSIFICA TIONS BN BH CBD BG BF COMM COMM 01 lOP Notes
C
P
P- * * *V eterina Clinic***
P P P P P P P P P
P- P P P P- P P A Delete from BN and BF
p P P Type of Entertainment
p p ? P Type of Specialty Retail
Delete from CBD District
*** Automotive Dealers*** Define to Include Trucks, Autos, Recrtreational,
G C delete from CBD
<" r'~-., iIi; Define and add "Body" to title. Delete from CBD
C G P District
G G ***Automotive Dealers***
p p p p
P P
C
G G P- s***
Bellt Sllles G G
Book Store P P P P P A
Bowlin Center P P
Buildin Su I Center P- p
Camera and photographic supply
store p p P Type of Specialy Retail
*** Auto Services***
Churches I I I I I P I
Golf Courses are permitted in the A2 district, List
P- under Private clubs and lod es
Cold StaraQ<e G
, ' .. '-,'~' "r-' ,I -- ":i 0.. -- .. .... - r--.-- -- r n ; .~... - --.
i 'I
j : I I I I Combine under towers
'- I 'I' i ,I " :1 I
I I ..
Commercial Kennels & Stables C Commercial Kennels & Stables
CelBlBereilll Stahles G Commercial Kennels & Stables
Community Center P P P P P P
Consumer Electronics p ? Type of Specialty Retail
Concrete Mixing Plant I
Contracting Yard C
Convenience Store with gas pumps C C C C
Convenience Store without gas p P P P
Convention and Conference Facility p p P
"};'~\.'''} l:~_'LU ~;t....::~Jlt; Fi'~ nil r - [jJ II 1:~1I C? p P Combine Museum under this listing
Dance Studio p p P Type of Entertainment
Day Care Center P P P P A? AlC
Department Store P p
. - Financial Institution/Banks Drive thru addressed wi
P. Supplemental Regulations
Type of Specialty Retail
***Personal Serivices***
Currently only a CUP in A2 District
*** Automotive Services***
Expaned to detailed listing
C
I
- Drive thru addressed in Supplemental Regulations
Fire Station P
Florist p p P Type of Specialy Retail
Food Processing C
Funeral Home P P P
Garden Center C P- C
Gift and Novelty Store P P P Type of Specialty Retail
Hardware Goods P
Health and Recreation Club P P P
- - - - - 11111. "i . '~~i"-1r-l1l~1--1I--'--- - i ***Health Services***
f,;'J ,,;"1:, ^\ , - :")' " ~'.
;:"':;'~'_i_''''_ :::~_.' t.~'..nu(_._...J ,.-"
~,:-; :,--,' ,-- ,~~ ~,-.~ ,'.,n ~ -;-,--,'::-- n---.----lr;l~:--- I 11 .. -l~"i:l~ Delete CUP from Residential add 20-261 standards
I ._~.._-----~,_.- ,--~~ Ip II ~) I ill _ .. ___.. ,_ I lr I in Supplemental Regulations
Heavy Equipment Rental
Truelc/Trailer ReDtal C Rename
Hobby, Toy and Game Store p p P Type of Specialty Retail
Home Furnishings P- P P
Home Improvement Trade P- C
Delete CUP from Residential add 20.261 standards
P in Supplemental
Combine HoteUMote1
T
Personal Serivices
Library P
Light Industrial P
Liquor Store P P P
Luggage and Leather Store p Type of Specialty Retail
Lumber Yard C
~~~d~!:~~'!t~:l!e,air & BoEly Shops G G ~ Automotive Repair/Body Shops
Meat Market p p P ? Type of Specialty Retail
Miniture Golf P p C
***Hotel/Motel ***
Only Auto related retail
Cultural Facility
Delete, expand to specific list
Off-premise Parking ? ? P Park and Ride for Commuter Rail
***OpeB Spaee*** ~ ***Parks/Open Space***
Outdoor Health & ReereatioB Club G Health Club
Outdoor Storage C C I C C
Parking Lot (Structure) A A A A A A A A
Parking Ramps (Structure) A A A Park and Ride for Commuter Rail
Photocopy and Photography Services
PriBt Shops P P P P Kinkos
Post Office P
Private Clubs and Lodges P P P
Private Parks p. p
_. ~ . .. - - -- - ~ t"- - i -
1 T : i " 1 I ***Offices***
,
-
, I 'j ***Offices***
'.
Puhlie Parks ~ ~ ***Parks/Open Space***
***Puhlie Parks/Open Space*** p P ***Parks/Open Space***
Publishing & Printing Ne'lVspaper
Offiees P P P
Recording Studio P
PttbIie Recreational Facility P P P. P P
ReereatiaRal Vehiele Sales G G *** Automotive Dealers***
Small .\ppliaRee Repair Services P P
Research Lab C
Retail Sales P. P. P. P. G A Expand to detailed lisitng
Retail Shops P. P. P. P. P. Expand to detailed lisitng
Remove the CUP for stand alone fast food
restaurants and develop drive through standards in
the Supplemental Regulation section of the city
Restaurant, Fast Food PIG P PIG P P code.
1 nere not any stanaara regUlatIOns III the Clty code
for standard restaurants under the Conditional Use
Permit Section. The standards for granting a site
plan permit adequately address the all concerns
associated with restaurants i.e. noise, odor,
compatablity with surrounding area, traffic,
Restaurant, Standard PIG P P P P screening, etc.
Schools P P
***Personal Services***
Type of Specialty Retail
***Personal Services***
ShappiRg CeRter P. P. P.
~ A A A A A A- A- A A In sign ordiance
Single-family dwelling P
Small Vehicle Sales C i.e. motorcycle, go-cart, etc.
***Speeialty Retail*** p. p. p. P. G Classifying specific retail
Sporting Goods sale/rental P P P P G P A Type of Specialty Retail
Stationary Store P P P P P A Type of Specialty Retail
Supermarket C? P P
Temporary Classroom structures I
Temporary Outdoor Display A A A A A A Temporary Sales Ordinance
Temporary Outdoor Sale A A A A A A Temporary Sales Ordinance
Theaters
Tobacco Store
P
P
P
P
P
P
P
Used Merchandise Stores P
Utility Services P P pIp I C
***Veterinary Clinic*** II pill
Vocational School
Warehousing ITD Q
Wholesale Nursery C
G:\PLAN\AA\Code Revision\2008 Code Update/Commercial Use Matrix.xls
P
P
P
P
P
P
Legend
_Hotel/Motel
I IAdd
I I Automotive Dealers_Offices
. _Parks/Open Space
I IAutomotive Repair/
Body Shops _Personal Services
_Automotive Service....Towers
_ Health Services
I IVeterinary Clinic
Type of Entertainment
Type of Specialty Retail
Combine with Commercial Towers
*** Automotive Dealers***
Type of Specialty Retail
Amimal Hospital under this listing
Cold storage under this listing
CBO and BG Merger Comparison
CLASSIFICATIONS CBD BG
Adaptive Reuse
Agriculture
.\aimal Hospital P
Antennas P P
Apparel Sales P P
Arcades P P
Arts and Craft Supply Store P P
Auto Rental Facilities
*** Automotive Dealers*** G
*** Automotive Repair/Body Shops*** G
Automobile Sales G
Bakery P P
Bars and Taverns P P
Bed & Breakfast
BaEly Shop G
Boat Sales G
Book Store P P
Bowling Center P P
Building Supply Center P
Camera and photographic supply store P P
Commercial Kennels & Stables
Cammereial Stables
Community Center
Consumer Electronics
Contracting Yard
Convenience Store with gas pumps
Convenience Store without gas
Convention and Conference Facility
p
p
C
p
p
C
p
~--- --- - ---- -- -
~2l.:"'~ ~ I ~ l--r;1. ,';::::-:::"11 ~-=":'} L_=t I
J "-"- .!:....~--=c-~.~........ ~~~t~ _-t: - ~- - -- -- -
Dance Studio P P
Day Care Center P P
Department Store P
_ __. _____----.J
Fire Station
Florist P P
Food Processing
Funeral Home P
Garden Center II
Gift and Novelty Store P P
Hardware Goods P
Health and Recreation Club P P
-~ ;-~-:~~:~~ -=-_~i~~~ ~~~~~~-=~======~[I
:"'?:: - _ -::_ : - I ' ;:~:: 3,~ ~;).:':< T--- ----~--=__ -= [:P ~~ rJ!-
Heavy Equipment Rental TrueldTrailer
ReRtal
Hobby, Toy and Game Store
Home Furnishings
Home Improvement Trade
Hospitals
P
P
P
II
Library
Light Industrial
Liquor Store
Luggage and Leather Store
Lumber Yard
Majer AIJ.t~_R~IU!ir & Bedy Sheps
Meat Market
Miniture Golf
p
P
G
P
II
Off-premise Parking
***Open Space***
Outdoor Health & Reereation Club
Outdoor Storage
Parking Lot (Structure)
Parking Ramps (Structure)
?
A
A
C
A
P P
P
Publishing & Printing Newspaper Offiees
Recording Studio
Publie Recreational Facility
Reereational Vehiele Sales
Small .\pplianee Repair Services
Research Lab
Retail Sales
Retail Shops
Restaurant, Fast Food
Restaurant, Standard
Schools
P P
P P
G
P
.p. .p.
.p. .p.
PiG P
p P
P
Shopping Center
SigM-
Single-family dwelling
Small Vehicle Sales
***Speeialty Retail***
Sporting Goods sale/rental
Stationary Store
Supermarket
A
.p. .p.
P P
P P
P P
Temporary Classroom structures
Temporary Outdoor Display
Temporary Outdoor Sale
Theaters
Tobacco Store
A
A
p
p
A
A
P
p
Truek Sales
Used Merchandise Stores P
Utility Services P P
***Veterinary Clinic*** P.
Vocational School
Warehousing
Wholesale Nursery
G:\PLAN\AA\Code Revision\2008 Code Update/CBD-BG Comparison.xls
Add
Automotive Dealers
Automotive Repair/
Body Shops
Automotive Services
Health Services
Legend
_HotellMotel
_Offices
_Parks/Open Space
_ Personal Services
_Towers
IVeterinary Clinic