1b. Chapter 20 City Code Amendments
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
16
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Planning Department
G'U /.7. .
September 8, 2008 'l/'
DATE:
SUBJ:
City Code Amendments: Chapter 20, Zoning
PROPOSED MOTIONS:
"The Chanhassen City Council adopts the attached ordinance amending Chapter 20
of the Chanhassen City Code." (Approval of this item requires a simple majority
vote. )
And
"The Chanhassen City Council approves the Summary Ordinance for Publication
Purposes." (Approval of this item requires a 4/5 vote.)
BACKGROUND
The Planning Commission held a public hearing on the attached ordinance
amendments to Chapter 20, Zoning, on June 17 and July 15,2008, at which time they
voted unanimously to recommend approval to the City Council. The proposed
amendments of Chapter 20 Zoning are: Requiring Pre-application meetings,
CUP/IUP violations, Required setbacks for Planned Unit Developments (PUD),
Height limitation in the Neighborhood Business (BN) District, Additional buffer yard
requirements in commercial districts, Freedom to Breathe Provision and Drive-Thru
standards. The amendments went before the City Council at a work session on
August 25, 2008. The City Council did not make any changes to the proposed
amendments at that time.
RECOMMENDA TION
Staff and the Planning Commission recommend that the City Council adopt the
following motions:
"The Chanhassen City Council adopts the attached ordinance amending Chapter 20 of
the Chanhassen City Code."
And
"The City Council approves the attached summary ordinance for publication."
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
City Code Amendments
September 8, 2008
Page 2
ATTACHMENTS
1. Ordinance Amending Chapter 20, Zoning.
2. Summary Ordinance for Publication Purposes.
3. Staff report dated August 25,2008.
g:\plan\city code\2008 code update\cc memo 9-08-08.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE
ZONING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Generally.
A variance from this chapter may be requested only by the owner of the property or the owner's
approved representative to which the variance would apply. A variance may not be granted
which would allow the use of property in a manner not permitted within the applicable zoning
district. A variance may, however, be granted for the temporary use of a single-family dwelling
as a two-family dwelling. In granting any variance, conditions may be prescribed to ensure
substantial compliance with this chapter and to protect adjacent property.
Prior to filing an application for a variance, the applicant shall attend a conference with
City staff. The primary purpose of the conference shall be to provide the applicant with an
opportunity to gather information and obtain guidance on the general merits of the
proposal and its conformity to the provisions of the Comprehensive Plan and the City Code
before incurring substantial expense.
Section 2. Section 20-57 of the City Code, City of Chanhassen, Minnesota, is hereby amended to
read as follows:
Violations of conditions imposed upon variance; termination for nonuse.
The violation of any written condition shall constitute a violation of this chapter. It is a
condition of every variance that the property for which the permit is issued not be subdivided
or the lot lines of the property altered. A variance, except a variance approved in conjunction
with platting, shall become void within one year following issuance unless substantial action has
been taken by the petitioner in reliance thereon.
Section 3. Section 20-109 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Applications.
Application for a site plan review shall be made to the city planner on forms provided by the city
and shall be filed 30 days in advance of the planning commission meeting at which it is to be
1
considered. Prior to filing an application for site plan review, the applicant shall attend a
conference with City staff. The primary purpose of the conference shall be to provide the
applicant with an opportunity to gather information and obtain guidance on the general
merits of the proposal and its conformity to the provisions of the Comprehensive Plan and
the City Code before incurring substantial expense. Incomplete or deficient applications shall
not be scheduled for a meeting unless the community development director has determined that
official action is warranted. The application shall also include:
(1) Evidence of ownership or an interest in the property;
(2) The application fee; and
(3) Complete site plans, signed by a registered architect, civil engineer, landscape architect or
other design professional, to include the following:
(4) General:
a. Name of project.
b. Name, address, and telephone number of applicant, engineer, and owner of record.
c. Legal description (certificate of survey will be required).
d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer.
e. Vicinity map showing relationship of the proposed development to surrounding streets,
rights-of-way, easements and natural features.
f. Description of intended use of the site, buildings, and structures including type of
occupancy and estimated occupancy load.
g. Existing zoning and land use.
h. Tabulation box indicating:
1. Size of parcel in acres and square feet.
2. Gross floor area of each building.
3. Percent of site covered by building.
4. Percent of site covered by impervious surface.
5. Percent of site covered by parking area.
6. Projected number of employees.
7. Number of seats if intended use is a restaurant or place of assembly.
8. Number of parking spaces required.
9. Number of parking spaces provided including handicapped.
10. Height of all buildings and structures and number of stories.
11. Breakdown of the building area allocated for specific uses, e.g.,
manufacturing, office, retail, showroom, warehouse, etc.
(5) Site and building plan:
a. Property line dimensions, location of all existing and proposed structures with distance
from boundaries, distance between structures, building dimensions, and floor elevations.
b. Grading and drainage plans showing existing natural features (topography, wetlands,
vegetation, etc.), as well as proposed grade elevations and sedimentation and stormwater
retention ponds. Plans shall include runoff and storage calculations for ten-year and 100-
year events. If stormwater is proposed to be routed to existing stormwater ponds,
documentation shall be provided to demonstrate that the downstream pond is sufficient to
accommodate the additional stormwater.
c. All existing and proposed points of egresslingress showing widths at property lines,
turning radii abutting rights-of-way with indicated centerline, width, paving width,
existing and proposed median cuts, and intersections of streets and driveways.
2
d. Vehicular circulation system showing location and dimension for all driveways,
parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency
access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of
traffic flow, and traffic-control devices.
e. Landscaping plan in accordance with the provisions of article XXV.
f. Location, access and screening detail of trash enclosures.
g. Location and screening detail of rooftop equipment. Screening shall be provided from
the perspective of a point six feet high at all adjacent property lines or from a distance of
250 feet, whichever is greater.
h. Location and detail of signage including method of lighting, height, width, sign display
area, etc.
i. Lighting location, style, mounting and photometrics.
j. Building elevations from all directions indicating materials and colors. Interior floor
plans may be required.
k. Utility plan identifying size and direction of existing water and sewer lines, fire
hydrants, distance of hydrant to proposed building.
1. List of proposed hazardous materials, use and storage.
m. Proposed fire protection system.
n. Such other information as may be required by the city.
o. Photocomposite images, artistic renderings, or site elevations which depict the visual
impact of the proposed development's design, landscaping, street layout, signage,
pedestrian ways, lighting, buildings, or other details that affect land use within the city
shall be submitted. Such images and renderings shall be from key vantage points and
provide an undistorted perspective of the proposed development from abutting properties,
less intensive land uses, and/or from entryway locations. Photorealistic imaging or
renderings are the appropriate level of resolution.
(6) Within the HC districts, the application shall also include:
a. Building elevations from all directions, indicating materials, colors and landscaping at
installation.
b. Building and site views from Highway 5, the appropriate access 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,
manmade water features other than retention ponds, outdoor sculpture, or other large-
scale artwork and other uncommon constructs.
e. Sample building materials.
f. Sample paving materials, upon the city's request.
(7) Within the BCO district, the application shall also include:
a. Identified boundaries of the primary zone and secondary zone on a drawing depicting
existing conditions and on a site plan depicting the proposed development pattern.
b. Calculations and/or drawings that identify the allowable density (number of units or
building coverage) under this Code including lands lying in the primary and secondary
zone. Calculation of allowable density shall specifically exclude lands classified as
bluffs, floodplains and designated wetlands. Calculation of allowable impervious cover
may include bluffs and floodplains but shall specifically exclude designated wetlands.
3
Section 4. Section 20-231 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Application, public hearing, notice and procedure.
The application, public hearing, public notice and procedure requirements for conditional use
permits shall be the same as those for amendments as provided in article II, division 2, except
that the permit shall be issued on the affirmative vote of a majority of the entire council.
Although specific submissions required to complete an application for a conditional use permit
may vary with the specific use and the district in which it is located, all applications for such
permits must include at minimum a site plan that clearly illustrates the following: proposed land
use building mapping and functions, circulation and parking areas, planting areas and treatment,
sign locations and type, basic lighting concerns, the relationship of the proposed project to
neighboring uses, environmental impacts and demand for municipal services.
Prior to filing an application for a conditional use, the applicant shall attend a conference
with City staff. The primary purpose of the conference shall be to provide the applicant
with an opportunity to gather information and obtain guidance on the general merits of the
proposal and its conformity to the provisions of the Comprehensive Plan and the City Code
before incurring substantial expense.
Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-233 (c), which shall read as follows:
(c) It is a condition of every conditional use permit that the property for which the permit is
issued not be subdivided or the lot lines of the property altered.
Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by deleting
Section 20-292.
Sec. 20-292. Driye through baRk faeilities.
Drive through bank facilities and stacking areas shall be subject to the follO\ving requirements:
(1) They shall not be located adjacent to any residential lot lines.
(2) They shall be provided '.vith a suitable '.'isual screen from adjacent properties.
(3) Stacking for six cars per aisle shall be provided within applicable parking lot setbacks
Section 7. Section 20-321 of the City Code, City ofChanhassen, Minnesota, is hereby amended
to read as follows:
Application, public hearing, notice and procedure.
The application, public hearing, public notice and procedure requirements for interim use permits
shall be the same as those for amendment as provided in article II, division 2, except that the
permit shall be issued after an affirmative vote of a majority of the entire council. Although
specific submissions required to complete an application for an interim use permit may vary with
the specific use and the district in which it is located, all applications for such permits must
include at minimum a site plan that clearly illustrates the following: proposed land use, building
4
and functions, circulation and parking areas, planting areas and treatment, sign locations and
type, lighting, the relationship of the proposed project to neighboring uses, environmental
impacts and demand for municipal services.
Prior to tiling an application for an interim use, the applicant shall attend a conference
with City staff. The primary purpose of the conference shall be to provide the applicant
with an opportunity to gather information and obtain guidance on the general merits of the
proposal and its conformity to the provisions of the Comprehensive Plan and the City Code
before incurring substantial expense.
Section 8. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-323 (4), which shall read as follows:
(4) Upon the subdivision of the property or the alteration of the lot lines of the
property.
Section 9. Section 20-505 (f) and (m) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
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
compreheRsive 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 an 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 and parking
setbacks from internal public streets shall be determined by the City based on characteristics
of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all
exterior lot lines of a PUD.
The setback for parking structures including decks afld 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 thafl the height of the structure. Parking structure setbacks from external lot lines
shall be 50 feet or the height of the structure, \vhichever 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 ef platted or planned single-family lots outside the
PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall 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 and Chapter 20, Article XXV of the Chanhassen City Code.
5
Section 10. Section 20-505 (m) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Required General Standards
(m)Buffer yards. T he 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 and shall comply with Chapter 20, Article XXV of the
Chanhassen City Code. 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 not an additional setback requirement. It is to be cumulatively calculated
v/ith 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 vlhere existing topography and/or vegetation provide buffering satisfactory to
the City, or where quality site planning is achieved, the City may reduce buffer yard
requiremeflts by up to 50 percent. The applicant shall have the full burden of demonstrating
compliance with the standards herein.
Section 11. Section 20-695 (7) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(7) The maximum height is as follows:
a. For the principal structure, one story two stories when it abuts a residential district
without being separated by a street, and three stories with a maximum height of 35
feet when separated by a street.
b. For accessory structures, one story.
Section 12. Section 20-695 (8) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
6
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer
yards are to be established in areas indicated on the plan where higher intensity uses interface
with low density uses and shall comply with Chapter 20, Article XXV of the Chanhassen
City Code. 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 not 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 cOflservation easement running in
favor of the city.
In instances where existing topography and/or vegetation provide bufferiflg satisfactory to
the city, or where quality site planning is achieved, the city may reduce buffer yard
requirements by up to 50 percent. The applicant shall have the full burden of demoflstrating
compliance with the standards herein.
Section 13. Section 20-715 (8) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards.
Buffer yards are to be established in areas indicated on the plan where higher intensity uses
interface with low density uses and shall comply with Chapter 20, Article XXV of the
Chanhassen City Code. 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 intemallot lines.
The buffer yard is not 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.
7
Buffer yards shall be covered by a permanently recorded conservation easement running in favor
of the city.
In instances \vhere existing topography and/or '<,egetation provide buffering satisfactory to the
city, or where quality site planning is achieved, the city may reduce buffer yard requirements by
up to 50 percent. The applicant shall have the full burden of demonstrating compliance with the
standards herein.
Section 14. Section 20-755 (7) e of the City Code, City ofChanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer
yards are to be established in areas indicated on the plan where higher intensity uses interface
with low density uses and shall comply with Chapter 20, Article XXV of the Chanhassen
City Code. In these at'eas, a 50 foot buffer yard is to be provided ",:here 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 not 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 coyered by a permanently recorded conser:ation easement runniflg ifl
favor of the city.
In instances where existing topography and/or vegetation provide buffering satisfactory to
the city, or where quality site planning is achieved, the city may reduce buffer yard
requirements by up to 50 percent. The applicant shall have the full burden of demonstrating
compliance with the standards herein.
Section 15. Section 20-774 (7) e of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer
yards are to be established in areas indicated on the plan where higher intensity uses interface
with low density uses and shall comply with Chapter 20, Article XXV of the Chanhassen
8
City Code. 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 iflterface occurs on internal
lot lines.
The buffer yard is not 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
fayor of the city.
In instances where existing topography afldlor vegetation proyide buffering satisfactory to
the city, or where quality site planniflg is achieyed, the city may reduce buffer yard
requirements by up to 50 percent. The applicant shall have the full burdeFl of demonstrating
compliaflce with the standards herein.
Section 16. Section 20-815 (7) d.: of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
d. The minimum setback is ~ 100 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right-of-way.
In instances where existing topography and/or vegetation provide buffering satisfactory
to the city, or where quality site planning is achieved, the city may reduce setback
requirements by up to 50 percent. The applicant shall have the full burden of
demonstrating that there is sufficient separation and screening for the higher intensity
use.
Section 17. Section 20-815 (7) e of the City Code, City ofChanhassen, Minnesota, is hereby
amended to read as follows:
Lot requirements and setbacks.
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer
yards are to be established in areas indicated on the plan where higher intensity uses interface
with low density uses and shall comply with Chapter 20, Article XXV of the Chanhassen
City Code. 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.
9
The buffer yard is not an additional setback requirement. It is to be cumulatively calculated
v.ith 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 runniflg in
favor ofthe city.
In instances where existing topography and/or vegetation provide buffering satisfactory to
the city, or '.vhere quality site pl8:flning is achieved, the city may reduce buffer yard
requirements by up to 50 percent. The applicant shall have the full burdefl of demonstrating
compliance ".ith the standards herein.
Section 18. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-904 (d), which shall read as follows:
Sec. 20-904. Accessory structures.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean
Indoor Air Act contained in M.S. ch. 1144.411 to 1144.417.
Section 19. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 20-965, which shall read as follows:
Section 20-965. Drive-thru facilities
Drive-thru facilities for any use shall comply with the following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
( c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
(e) The City may require a vehicle stacking study to determine whether more or less
stacking shall be required for a particular use.
(f) Stacking areas shall not interfere with vehicular circulation in the parking lot nor
encroach into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
10
Section 20. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 9th day of September, 2008, by the City Council of the
City of Chanhassen, Minnesota
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
G:\PLAN\City Code\2008 Code Update\Amendment ch 209-8-08.doc
11
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
OF THE CHANHASSEN CITY CODE
ZONING
The purpose of this code amendment is to require pre-application meetings for all development
review applications (site plan review, variances, CUP, IUP), additional language regarding
violations of CUP/IUP, required setbacks for planned unit developments (PUD), increasing the
height limitation in the Neighborhood Business (BN) District, addressing buffer yard requirements
in commercial districts, incorporating language for accessory structures to coincide with the
Freedom to Breathe Provision and develop standards for Drive-Thru's.
A printed copy of Ordinance No. _ 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 9th day of
September, 2008, by the City Council of the City of Chanhassen.
ATTEST:
Todd Gerhardt, ClerklManager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
)
G:\PLAN\City Code\2008 Code Update\Summary Ordinance ch 20 9-8-08.doc
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
c.
- 1IiI-
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Bob Generous, Senior Planner
Sharmeen AI-Jaff, Senior Planner
DA TE:
D~
August 25, 2008
SUBJ:
City Code Amendments: Chapter 20, Zoning
BACKGROUND
Staff has reviewed the City Code and discovered issues, shortfalls, and general
updates, and prepared amendments to the Code. The amendments to Chapter 20
were discussed at the June 17 and July 15, 2008 Planning Commission Meetings,
where public hearings were held. The Planning Commission voted to recommend
approval of the ordinance amending Chapter 20, Zoning. These items were
submitted to City Council at the August 11, 2008 work session, but were not
reviewed at that time.
The intent of the work session is to review the proposed changes with the City
Council. Any modifications directed by City Council will be made and the
amendments will be placed on the September 8, 2008 agenda.
At this time, staff will be focusing on issues related to the following:
. Chapter 20 Zoning: Requiring Pre-application meetings, CUPIIUP
violations, Required setbacks for Planned Unit Developments. (PUD), Height
limitation in the Neighborhood Business (BN) District, Additional buffer yard
requirements in comm~rcial districts, Freedom to Breathe Provision and Drive-
Thru standards.
The text of all proposed ordinance amendments are shown in strike-through and
bold format.
DISCUSSION
CHAPTER 20 Zoning (Planning Commission held public hearings on June 17,
2008 and July 15, 2008)
Administration and Enforcement
Pre-application Submittal Meeting Site Plan Review, Variance, Conditional
Use and Interim Use
SCANNED
The City of Chanhassen · A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
August 25, 2008
Page 2
Issue: Staff would like to emphasize the pre-submittal meeting with developers, homeowners,
etc. prior to their formal application submittal. The intent is to identify, discuss and resolve
many issues and/or concerns before the application is submitted and brought before the Planning
Commission and City Council. This would help alleviate development review applications that
are incomplete or that have unresolved issues that lead the Commission or Council to table
action for resolution at a staff level, only to return at the next meeting.
This is currently a requirement for Subdivisions and Planned Unit Developments. This should
be common practice for all application submittals, including Site Plan Review, Variances,
Conditional Use Permits, and Interim Use Permit applications. Staff is proposing using similar
language to the Planned Unit Development requirements to formally require these pre-
application meetings.
Prior to filing an application for a [site plan review, variance, conditional use, interim use]
the applicant shall attend a conference with City staff. The primary purpose of the
conference shall be to provide the applicant with an opportunity to gather information and
obtain guidance on the general merits of the proposal and its conformity to the provisions
of the Comprehensive Plan and the City Code before incurring substantial expense.
Proposed Change: Amend Sections 20-56 (variances), 20-109 (site plans), 20-231(conditional
use permits) and 20-321 (interim use permits) to incorporate this language.
Variance, Conditional Use and Interim Use Permit
Issue: There are some properties within the city that have obtained a Variance (V AR),
Conditional Use Permit (CUP) or an Interim Use Permit (IUP) recorded against a property. In
some cases the property lines are altered or subdivided years later. This poses several problems:
there may be multiple owners for the subdivided properties governed by the CUP/IUP/V AR;
with the addition of the new lot lines, thus the site plan has changes and the site may be in
violation of the conditions of approval. It is difficult to maintain the conditions of approval on a
property that has been sold to new owners who mayor may not be aware of the permits
governing these sites.
Staff is proposing to add language to the Variance, Conditional Use and Interim Use sections of
the city code that subdivision of the property shall deem the CUP or IUP null and void.
Proposed Change:
Amend Section 20-57 (Variances) to read:
Sec. 20-57. Violations of conditions imposed upon variance; termination for nonuse.
The violation of any written condition shall constitute a violation of this chapter. It is a
condition of every variance that the property for which the permit is issued not be subdivided
or the lot lines of the property altered. A variance, except a variance approved in conjunction
Todd Gerhardt
August 25, 2008
Page 3
with platting, shall become void within one year following issuance unless substantial action has
been taken by the petitioner in reliance thereon.
Amend Section 20-233 (Conditional Uses) by adding subparagraph "c" to read as follows:
(c) It is a condition of every conditional use permit that the property for which the permit is
issued not be subdivided or the lot lines of the property altered.
Amend Section 20-323 (Interim Use Permits) by adding subparagraph 4 to read as follows:
(4) Upon the subdivision of the property or the alteration of the lot lines of the property.
District Regulations
Issue: There are issues with the mandatory setback and buffer requirements in the Planned Unit
Development (PUD) 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. The following is the intent for the application of the
PUD:
Sec. 20-501. Intent.
"Planned unit developments offer enhanced flexibility to develop a site through the relaxation of
most normal zoning district standards. The use of the PUD zoning also allows for a greater
variety of uses, internal transfers of density, construction phasing and a potential for lower
development costs. In exchange for this enhanced flexibility, the City has the expectation that
the development plan will result in a significantly higher quality and more sensitive proposal
than would have been the case with the use of other, more standard zoning districts." (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 requirements within a PUD. The
minimum setback requirement is dependent on the adjacent land use.
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.
Proposed Change: Amend Section 20-505 (f) and Section 20-505 (m).
Todd Gerhardt
August 25,2008
Page 4
Sec. 20-505 Required General Standards
(f) The setback for all buildings \vithin 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 0[100 feet. The setback for aU 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 and parking
setbacks from internal public streets shall be determined by the City based on characteristics
of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all
exterior lot lines of a PUD.
The setback for parldng 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. ParIr-ing structure setbacks from external lot lines
shall be 50 feet or the height of the structure, whichever is greater 'Nflere adjacent to
residential property; 35 feet when adjacent to nonresidential properties. Parking structures
setbacks from internal public or pri'/ate streets shall be determined by the City based on
characteristics of the specific PUD.
Where industrial uses abut developed ef platted or planned single-family lots outside the
PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall 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 and article XXV of the Chanhassen City Code.
(m)Buffer yards. T he 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 and shall comply with article XXV of the Chanhassen
City Code. In these areas, a 50 foot bllffer yard is to be provided where the interface occurs
along a pllblic street, a 100 foot buffer yard is required where the interface occurs on internal
lot lines.
The buffer yard is not 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.
Todd Gerhardt
August 25,2008
Page 5
Buffer yards shall be covered by a permanently recorded conservation easement running in
favor of the City.
In instances where existing topography and/or ','egetation provide buffering satisfactory to
the City, or '""here quality site planning is achieved, the City may reduce buffer yard
requirements by up to 50 percent. The applicant shall have the full burden of demonstrating
compliance with the standards herein.
Issue: BN District Height Limitation
There are two Neighborhood Business Districts in the City. The first one is located at the
southwest intersection of Highway 7 and 41. The second district is located at the southeast
intersection of Highway 5 and Great Plains Boulevard. The current ordinance limits building
height in the BN district to one story. Staff is recommending that if a site abuts a residential
district without being separated by a street, then the height of the building be limited to two
stories. If the site is separated from the residential district by a street, then a three-story building
and a maximum
height of35 feet may
be permitted.
Residential Single
Family Districts allow
three-story buildings
with a maximum
height of35 feet. The
buffer yard
requirements in
Article XXV of the
Chanhassen City Code
will apply within the
required setbacks.
The City has issued a
variance to permit the
development of three-
story buildings in the
BN district to permit
the Park Nicollet Clinic. Multi-story buildings are generally reserved for office and service type
buildings. Retail operations tend to be one story.
Proposed Change: Amend section 20-695 (7) as follows:
(7) The maximum height is as follows:
a. For the principal structure, one story two stories when it abuts a residential district
without being separated by a street, and three stories with a maximum height of 35
feet when separated by a street.
b. For accessory structures, one story.
J
Todd Gerhardt
August 25, 2008
Page 6
Issue: Buffer yards in commercial or industrial districts
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 the amendment of 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 which can be part of the required
setback area.
Staff is also proposing to increase the required setback for industrial uses abutting residential
from 50 feet to 100 feet.
Proposed Change: Amend Sections 20-695 (8) e Lot requirements and setbacks in the BN
District, 20-715 (8) e Lot requirements and setbacks in the BH District, 20-755 (7) e Lot
requirements and setbacks in the BG District, 20-774 (7) e Lot requirements and setbacks in the
BF District, and 20-815 (7) e Lot requirements and setbacks in the lOP District.
Neighborhood Business District, BN, Highway and Business Services District, BH, and
General Business District, BG
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer yards. Buffer
yards are to be established in areas indicated on the plan where higher intensity uses interface
with low density uses and shall comply with article XXV of the Chanhassen City Code.
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 intemallot
lffies.:.
The buffer yard is not 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
fa','or of the city.
Todd Gerhardt
August 25,2008
Page 7
In instances where existing topography and/or vegetation provide buffering satisfactory to
the city, or where quality site planning is achieved, the city may reduce buffer yard
requirements by up to 50 percent. The applicant shall have the full bur~en of demonstrating
compliance with the standards herein.
Industrial Office Park District, lOP
Amend Section 20-815 (7) d.:
d. The minimum setback is ~ 100 feet when it abuts a residential district without being
separated from the residential district by a street or railroad right-of-way.
In instances where existing topography and/or vegetation provide buffering satisfactory
to the city, or where quality site planning is achieved, the city may reduce setback
requirements by tip to 50 percent. The applicant shall have the full burden of
demonstrating that there is sufficient separation and screening for the higher intensity
use.
General Supplementals
Issue: The Freedom to Breathe Provision was passed by Legislature on May 12, 2007, signed
into law on May 16,2007, and became effective state wide on October 1, 2007. The purpose of
the Freedom to Breathe Provision is to protect employees and the general public from the
hazards of secondhand smoke by prohibiting smoking in public places, places of employment,
public transportation, and at public meetings.
As a result of the Freedom to Breathe Provision, local establishments that want to create outdoor
smoking shelters to accommodate their patrons have contacted the City regarding our standards.
Rather than create ordinance standards for smoking shelters, City Council directed staff to
reference the Freedom to Breathe Provision in the Accessory Structures section of City Code. In
addition, the City will provide a handout regarding the Freedom to Breathe Provision which will
be will be available at City Hall. All accessory structures must receive a building or zoning
permit prior to construction.
Staff proposes reference to the Freedom to Breathe Provision under the Accessory Structure
section of the City Code as it relates to "smoking structures".
Staff is proposing definitions in Chapter 1 relating to the Freedom to Breathe Provision in
conjunction with the proposed changes to the Accessory Structures.
Indoor Area means all space between a floor and a ceiling that is bound by walls, doorways, or
windows, whether open or closed. A wall, for the purpose of smoking shelters, includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent.
Todd Gerhardt
August 25,2008
Page 8
Public Transportation means public means of transportation, including light and commuter rail
transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles
other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public
transportation terminals.
Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other
lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe,
or any other lighted smoking tobacco or plant product equipment intended for inhalation.
Proposed Change: Amend section 20-904 to add (d) as shown below.
Sec. 20-904. Accessory structures.
(d) Shall comply with the Freedom to Breathe Provision of the Minnesota Clean Indoor
Air Act contained in M.S. ch. 1144.411 to 144.417.
Drive- Thru Standards
Issue: The use of drive-thru facilities is extending beyond fast food restaurants and banks.
Current standards only address bank drive-thru windows.
Discussion: Staff is proposing creating standards that would regulate drive-thru facilities. These
standards would apply to all drive-thru windows throughout the City. The drive-thru 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, then the conversion will be processed administratively subject
to compliance with the standards. The proposed changes establish the performance standards.
Staff will be recommending some future zoning changes within commercial districts to allow
limited use of drive-thru facilities.
PROPOSED CHANGE: Delete Section 20-292. Add Section 20-965 (Performance Standards)
Sec. 20-292. Drive thr9agh bank facilities.
Drive through bank facilities and stacyJng areas shall be subject to the follmving requirements:
(1) They shall not be located adjacent to any residential lot lines.
(2) They shall be pro'/ided with a suitable visual screen from adjacent properties.
(3) Stacking for six cars per aisle shall be provided within applicable parkiflg lot setbacks
Section 20-965. Drive-thru facilities
Drive-thru facilities for any use shall comply with the following standards:
(a) They shall not be located adjacent to any residential lot lines.
(b) They shall be provided with a suitable visual screen from adjacent properties.
(c) Stacking shall be provided within applicable parking lot setbacks.
(d) Stacking shall meet the following standards:
Todd Gerhardt
August 25, 2008
Page 9
(1) Fast Food Restaurant: six cars per aisle.
(2) Banks: three cars per aisle.
(3) Pharmacy: two cars per aisle.
(4) All other uses: two cars per aisle.
(e) The City may require a vehicle stacking study to determine whether more or less stacking
shall be required for a particular use.
(f) Stacking areas shall not interfere with vehicular circulation in the parking lot nor encroach
into any required drive aisles.
(g) Speaker or intercom system shall not be audible at the property line.
RECOMMENDA TION
Staff requests that the City council review the proposed City Code amendments and provide
comments or direction.
g:\plan\city code\2008 code update\cc work session memo 8-25-08.doc