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Ordinance 463CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.463 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Chanhassen Gateway Planned Unit Development Design Standards in its entirety as follows: CHANHASSEN GATEWAY PUD DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a MIXED USE PUD including a NEIGHBORHOOD COMMERCIAL, OFFICE AND RESIDENTIAL. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive development. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. Exhibit A reflects the site layout and buildings as referenced herein. b. Permitted Uses • The permitted uses in this zone should be limited to appropriate commercial and service uses consistent with meeting the daily needs of the neighborhood. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Community Development Director shall make that interpretation. The type of uses to be provided on these lots shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Commercial and office uses shall be limited to the area located south of Highway 212. Residential uses shall be located north of Highway 212 and along the western portion of the southern half. • Small to medium-sized restaurant -not to exceed 8,000 square feet per building (no drive-thru windows except drive-thru windows are allowed for tenants whose primary use is the sale of coffee. The drive-thru lane shall be screened and the exterior wall of the drive-thru shall contain the same level of architectural detail as any other elevation visible by the public. • Banks with a drive-in service window • Office • Day care • Neighborhood scale commercial: No tenant in any building may occupy more than 8,000 square feet except in Buildings 4C and 4G. In Buildings 4C and 4G a tenant may occupy no more than 10,000 square feet. The liquor store may not occupy more than 60% of the total area of Building 4G. No individual service component of a retail building shall occupy more than 8,000 square feet of the building • Convenience store with or without gas pumps and car wash. • Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales, Retail Shops, Apparel Sales, etc.) • Personal Services (an establishment or place of business primarily engaged in providing individual services generally related to personal needs, such as a Tailor Shop, Shoe Repair, Self -Service Laundry, Laundry Pick-up Station, Dry Cleaning, Dance Studios, etc). • Residential High Density (8-16 units per net acre). The total number of units for the entire site may not exceed 150 units. C. Building Area • Commercial/Office — Not to exceed 75,000 square feet for the entire development • Maximum Commercial/Office lot usage is a Floor Area Ratio of 0.3 • Maximum office/commercial building area per tenant may not exceed 8,000 square feet • Maximum residential units may not exceed 150 units. d. Prohibited Ancillary Uses • Drive-thru Windows except banks, coffee shops or pharmacies. 2 • Outdoor storage and display of merchandise such as propane, salt, window washer fluid, etc. except on the sidewalk surrounding the convenience store 4A. The outdoor display of merchandise shall not impede nor interfere with pedestrian traffic. e. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Boundary Building/ Parking Setbacks (feet) Lyman Boulevard 20/20 Highway 101 North of Highway 312 50/50 Highway 101 South of Highway 312 20/20 Highway 312 50/50 Northerly Project Property Line 50/20 Westerly Project Property Line 50/20 Internal Project property lines 0 /0 Internal Right -of -Way Crossroads Boulevard 20/20 Hard Surface Coverage -Residential 50 % Commercial and Office Hard Surface Coverage 70 % Maximum Commercial (Retail) Building/Structure Height 1 story Maximum Office Building/Structure Height 2 stories Maximum Residential Building/Structure Height 35 or 3 stories, whichever is less f. Non Residential Building Materials and Design There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 7 of the Zoning Ordinance. g. Residential Standards Buildings and site design shall comply with design standards outlined in Article XXIII. General Supplemental Regulations, Division 9 of the Zoning Ordinance. 1. All units shall have access onto an interior private street. 2. A design palette shall be approved for the entire project. The palette shall include colors for siding, shakes, shutters, shingles, brick, stone, etc. 3. All foundation walls shall be screened by landscaping or retaining walls. h. Site Landscaping and Screening The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights -of -way; to require buffering between different land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. 1. The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to, truck loading areas, trash storage, parking lots, Large unadorned building massing, etc. 2. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 3. All open spaces and non -parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. 4. Undulating berms, north of Lyman Boulevard, north and south of Highway 312 and west of Highway 101 shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. 6. Native species shall be incorporated into site landscaping, whenever possible. i. Street Furnishings Benches, kiosks, trash receptacles, planters and other street furnishings should be of design and materials consistent with the character of the area. Wherever possible, street furnishings should be consolidated to avoid visual clutter and facilitate pedestrian movement. j. Signage The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment and the business's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which meet the city's goals: 4 a. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; b. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; c. Ensure that signs do not create safety hazards; d. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; e. Preserve and protect property values; f. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; g. Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. j.1. Project Identification Sign One project identification sign for the commercial portion of the development located at the entrance off of Highway 101. Project identification signs shall not exceed 80 square feet in sign display area nor be greater than eight feet in height. The sign shall be setback a minimum of 10 feet from the property line. As an alternative, the project identification sign may be located at the southeast corner of Lot 2, Block 1. If the sign is located in the right-of-way, an encroachment agreement must be obtained. Otherwise, the sign must maintain a 10 foot setback from property lines and may not exceed 24 square feet nor be higher than 5 feet. j.2. Monument Sign One monument sign shall be permitted at the entrance to the development off of Lake Susan Drive. One monument sign per lot shall be permitted for the commercial portion of the site. One multi -tenant sign shall be permitted at the entrance into the development off of Highway 101 and two signs off of Lyman Boulevard. These signs shall not exceed 24 square feet in sign display area nor be greater than 5 feet in height except Kwik Trip, located on Lot 1, Block 1, shall be permitted a 48 square -foot, 8-foot high monument sign. These signs must comply with all ordinances pertaining to size and percent of sign area dedicated to gas prices as well as any other applicable regulations. These signs shall be set back a minimum of 10 feet from the property line. 5 j.3. Wall Signs i. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend above parapet height. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. ii. Second story illuminated signs that can be viewed from neighborhoods outside the PUD site, are prohibited. iii. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. iv. Wall signs are limited to two elevations per building. j.4. Festive Flags/Banners a. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. b. Flags and banners shall be constructed of fabric or vinyl. c. Banners shall not contain advertising for individual users, businesses, services, or products. d. Flags and banners shall project from buildings a maximum of two feet. f. Flags and banners shall have a maximum area of 10 square feet. g. Flags and banners which are torn or excessively worn shall be removed at the request of the city. j.5. Building Directory a. In multi -tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. j.6 Directional Signs a. On -premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) 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 (4) signs shall be 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. Bench signs are prohibited except at transit stops as authorized by the local transit authority. d. Signs and Graphics. Wherever possible, traffic control, directional and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial area and away from residential areas. j.7. Prohibited Signs • Pylon signs are prohibited. • Back lit awnings are prohibited. • Window Signs are prohibited except for company logo/symbol and not the name. Such logo shall not exceed 10% of a window area. • Menu Signs are prohibited. j.8. Sign Design and Permit Requirements a. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b. All signs require a separate sign permit. c. Wall business signs shall comply with the city's sign ordinance for the Neighborhood business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. k. Lighting 1. Lighting for the interior of the development shall be consistent throughout the development. High pressure sodium vapor lamps with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. Parking lot light poles may not exceed 25 feet in height. 7 2. Light fixtures in areas other than parking lots should be kept to a pedestrian scale (12 to 18 feet). Street light fixtures should accommodate vertical banners for use in identifying the commercial area. 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than Moot candle at the project perimeter property line. This does not apply to street lighting. 4. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area. Rather, emphasis should be placed on building lights and poles located in close proximity to buildings. 1. Non Residential Parking 1. Parking shall be provided based on the shared use of parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 2. The development shall be treated as an integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area. The office/personal service component shall be treated as an integrated office building and provide 4.5 space per 1,000 square feet for the first 49,999 square feet, four per thousand square feet for the second 50,000 square feet, and 3.5 per thousand square feet thereafter. In. Residential Parking shall comply with city code requirements." Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this I e day of March, 2008. ATTEST: 'Tola Gerhardt, Clerk/Manager I Thomas A. Furlong, Mayor (Summary Ordinance approved by the City Council May 12, 2008 and published May 22, 2008) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO.463 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE CHANHASSEN GATEWAY PUD The purpose of this code amendment is to revise the PUD Development Design Standards as follows: Section a. Intent is amended to add an exhibit reflecting site layout. Section b. Permitted Uses is amended to regulate drive-thru windows, building size and permitted uses. Section d. Prohibited Ancillary Uses is amended to regulate drive-thru windows and outdoor storage. Section e. Setbacks amends setbacks. Section j. Signs to revise signage standards. Section k. Lighting amends light pole and light fixture standards. A printed copy of Ordinance No. 463 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 121h day of May, 2008, by the City Council of the City of Chanhassen. ATTEST: d G rhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on May 22, 2008) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized CITY OF CHANHASSEN agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- CARVER AND HENNEPIN lager and has full knowledge of the facts herein stated as follows: COUNTIES, MINNESOTA SUMMARY OF ORDINANCE (A) These newspapers have complied with the requirements constituting qualification as a legal IJO. 463 newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as AN ORDINANCE AMENDING amended. CHAPTER 20 OF THE CHANHASSEN CITY CODE (B) The printed public notice that is attached to this Affidavit and identified as No. CHANHASSEN GATEWAY PUD was published on the date or dates and in the newspaper stated in the attached Notice and said The purpose of this code Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of amendment is to revise the PUD the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Development Design Standards as inclusive, and is hereby acknowledged as being the kind and size of type used in the composition follows: and publication of the Notice: Section a. Intent is amended to add an exhibit reflecting site layout. Section b. Permitted Uses is abcdefghijklmnopgrstuvwxyz amended to regulate drive-thru windows, building size and { V `,� /.f •^}�,� �V,y permitted uses. �r G'r•� �� \� ( / 1-° BY Sectiond. Prohibited Ancillary Uses is amended to regulate drive- Laurie A. Hartmann thru windows and outdoor storage. Section e. Setbacks amends setbacks. Sectionj. Signs to revise signage Subscribed and sworn before me on standards. Section k. Lighting amends light pole and light fixture y4 standards. this day of /" l'` 2008 a�wu+aaws A printed copy of Ordinance No. 463 is available for inspection by °' Eki any person during regular office G,�PJ Nl• RADUENZ P101ARYPUBlJC-M1NNE=A hours at the office of the City � � M Com�riss�n nManager/Clerk. '� - /Y Exp• a Jan. 31, 2010 PASSED, ADOPTED, AND !�X " ?�// �'t s�=��l APPROVED FOR PUBLICATION NotaryPublic this 12t° day of May, 2008, by the City ' Council of the City of Chanhassen. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on Thursday, May22,2008; No. 4061) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter ............................................... $12.19 per column inch