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Code Amendment, Chapter 20 - Commercial Districts 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 4 - MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner November 23, 2009 oW City Code Amendment, Chapter 20: Commercial Districts DATE: SUBJ: PROPOSED MOTION "The Chanhassen City Council adopts the ordinances amending the Chanhassen City Code creating a Community Commercial Zoning District and Planned Unit Development Standards for Regional/Lifestyle Center Commercial Districts." City Council approval requires a majority vote of City Council present. EXECUTIVE SUMMARY The proposed ordinances provide mechanisms for implementing two elements of the 2030 Comprehensive Plan. The first relates to the creation of a community commercial district, which could be used to expand the downtown area. The second deals with standards and guidance for the development of a regional/lifestyle center commercial district. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on November 3, 2009 to review the proposed ordinances. The Planning Commission voted 6 - 0 to recommend that the City Council adopt the ordinances. As part of the public hearing, the following issues were discussed: Residential Phasing. Section 20-502 (a) (3) limits the amount of residential to 20 percent of the development. Additionally, the residential component may be constructed concurrent to or after the construction of the commercial or office development, but may not precede it. It was suggested, by one of the property owners, that this limitation be eliminated to allow the residential development to proceed at any point of the development. Response: Staff would maintain the requirement that residential development be as a support to the commercial or office development of this area. This area is guided for commercial and offices uses. The residential use comes in only with the development of a lifestyle center. In that case, the residential development would be concurrent or after the commercial development. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt November 23, 2009 Page 2 Building Height. There should be consistent language dealing with building height, and additional flexibility, i.e. no limitation, should be included in the standards for the regional/lifestyle center commercial PUD standards as to the number of stories for buildings. Response: Staff has revised the ordinance (section 20-509) to have consistent language dealing with building height. For any building over 35 feet in height, there is a one-foot setback increase, relative to front, rear and perimeter setbacks, for everyone foot of building height increase above 35 feet. However, the limitation to the numbers of stories of a building relative to the building use is consistent with the findings of the market study, which projected a need for a finite amount of additional square footages for the uses. The Planning Commission minutes from November 3,2009, are item la of the November 23,2009 City Council packet. RECOMMENDA TION Staff and the Planning Commission recommend adoption of the ordinances amending the Chanhassen City Code creating a Community Commercial Zoning District and Planned Unit Development Standards for Regional/Lifestyle Center Commercial Districts (as amended), attached to the November 3,2009 Planning Commission report. ATTACHMENTS 1. Letter from Rick Dorsey, Jeff Fox and the Fox Family Partnership to the Planning Commission. 2. Planning Commission Staff Report dated November 3,2009. g:\plan\city code\2009 code amendments\regional & community commercial\cc memo adopting cc and rc regulations 11-23-09.doc City of Chanhassen Planning Commission c/o Ms. Kate Aanenson Planning Director City of Chanhassen Re: Submission of comments to be part of the public record related to changes in City Ordinances for regional /lifestyle center Planning Commissioners: We appreciate the City's position to keep the ordinance flexible for future development under the regional/lifestyle zoning requirements. Comments to the draft: We don't know if it will ever be an issue, but we would like you to consider a change to the draft for Section 20-509 part (f) with respect to building heights. We suggest that the maximum building heights language be eliminated for each type of use leaving the City Council the full discretion to make that determination in conjunction with the particulars of any plan being submitted. The ordinance is being drafted to address land that is guided for development as regional use. The land is well buffered. With development likely to be of institutional type the City would be prudent to keep more flexibility as it will compete with neighboring communities seeking to attract high profile projects that may include taller buildings. Based on conversations with leaders in the industry and observations of other regional districts, we believe the height limitations may make it difficult to attract modem day projects as neighboring communities such as Eden Prairie, Minnetonka, St. Louis Park, Edina and Bloomington all allow for taller buildings as they seek redevelopment. The more successful and well known regional developments have all included taller buildings which become landmarks for the developments. Such projects also support the Metropolitan Council goals for better management of urban development and their associated infrastructure costs. Examples include: . Centennial Lakes with its high rise senior communities and offices . the new Westin Hotel and condominium project at the Galeria; . the new lifestyle center on the SW comer of Hwy 394 and Hwy 100 including a new high rise hotel; . the retail/office center at the intersection of Hwy 394 and Hopkins Crossroads including a taller office complex, . The Carlson Center at Hwy 394 and Hwy 494 including the Carlson Towers; . Opus Office Park at Crosstown and Shady Oak Rd featuring the Martiot hotel and United Health Care high rises; . Southtown shopping center at Hwy 494 and Penn Ave featuring high rise residential and office . Southdale at 66th and France featuring high rise residential condominiums and senior housing; . Normandale Park at Hwy 494 and Hwy 100 originally featuring the Radisson and Seville Hotels as high rises and now including many other taller buildings The City should not limit opportunities by prematurely establishing height restrictions in its ordinances. Doing so may result in only attracting low profile "B and C" level projects or none at all. The City Council should have the flexibility to consider projects that may include taller buildings for office, hotel or residential use that enhance the overall project. With respect to retail, developers for the most part give space to anchors to get them into a regional center; some developers are now considering smaller footprints for anchors with more than two stories to control costs. Other options that the current ordinance draft could restrict would be the stacking of different uses such as residential, office or hotel over retail. With respect to the second part of this same subsection (f) for maximum buildings heights abutting single family residential homes being limited to 35 feet in height; we suggest the language be changed to tie building height together with setbacks outlined in sub section (e) with height being dependent on the distance the structure will be from the perimeter of the district thereby maintaining consistency with the balance of the ordinance. (the building height can increase by one foot for each additional foot back from the perimeter of the district). By default, in the current reading of the ordinance the height of a building abutting the perimeter of the PUD and adjacent to a residential development is limited to 35 feet even if a building is at a greater distance than the required setback. For example if the building adjacent to a residential development is at a distance greater than 50 feet from the perimeter of the district the adjacent building to the perimeter lot line can not be higher than 35 feet even if it is 100 or 1000 feet away. With respect to Section 20-502 (a) (3) regarding the timing of any residential elements; First, the property owners are still committed to working together to bring a high quality mixed use development to this site. Because of current economic conditions we do not know what the timing will be in the future; nor do we know if developer's will be able to acquire financing to do a large mixed-use commercial project on their own (i.e both residential and commercial); we would like some language included here providing flexibility for the City Council. It should allow the City Council the flexibility to approve some residential development on the perimeter of the district not necessarily subject to the commercial components preceding its construction. The mixed use project overall will be a large project and we don't believe it is advisable to discourage developer's, through a restrictive ordinance specifying a time element, from proposing exceptional and acceptable dense and/or vertical residential development that add roof tops and contributes to the vision and guidance for the mixed use development only because commercial development may not recover as fast in the current economy. Thanks for your consideration. Sincerely, Rick Dorsey, Jeff Fox and the Fox Family Partnership 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 [I] MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DA TE: November 3,2009 6~. SUBJ: City Code Amendment, Chapter 20: Commercial Districts RECOMMENDATION: "The Chanhassen Planning Commission recommends that City Council adopt the ordinances amending the Chanhassen City Code creating a Community Commercial Zoning District and Planned Unit Development Standards for Regional/Lifestyle Center Commercial Districts." BACKGROUND On November 10, 2008, the Chanhassen City Council adopted the 2030 Comprehensive Plan. The adoption of the Comprehensive Plan required the City to create zoning districts that may be used to implement the plan. The result is the creation of the Community Commercial (CC), and Regional/Lifestyle Center (RC) standards within the Planned Unit Development regulations. The City must adopt these new districts as required by the Land Planning Act. However, any rezoning of the properties will be development driven, not City initiated. On April 7, 2009, the Planning Commission completed a preference survey regarding standards for the regional commercial district. Staff has attempted to incorporate these into the regulations. The draft regulations for the CC district follow those of the existing Industrial Office Park District as to lot requirements, setbacks, site coverage and building height. The primary question for the district is the list of appropriate uses and the maximum and minimum size of anyone business in the district. The City Attorney reviewed the draft ordinance and recommended that the City adopt standards within the Planned Unit Development ordinance for the creation of the Regional/Lifestyle Center Commercial. The PUD is adopted by ordinance and may be reviewed first as a concept and then as a development stage plan. Staff is requesting that the Planning Commission review the regulations and recommend approval of the attached ordinances. SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Commercial Districts November 3,2009 Page 2 of 13 DISCUSSION RETAIL MARKET STUDY The City, in conjunction with the Chanhassen Chamber of Commerce, commissioned a Chanhassen Retail, Office and Residential Market Analysis and Development Potential, Prepared by McComb Group, Ltd., June 2006. The conclusions of that study are as follows: Chanhassen can support additional retail opportunities. There is insufficient land available for commercial development: The downtown area would need an additional 12 :t acres to adequately accommodate the additional 112,000 square feet of supportable square footage. The potential lifestyle site at TH 212 and Powers Boulevard has the potential to support 88 acres in 2010, increasing to 113 acres in 2025. Chanhassen has five retail areas which offer a variety of goods and services: . Downtown is the area generally located north of TH 5, east of Powers Boulevard and west of Great Plains Boulevard. . South Downtown is a developing retail area located along TH 5 south of Downtown Chanhassen. . TH 5 and Century is a smaller retail area in Chanhassen. This area is also situated along TH 5, between Century Boulevard and TH 41 (Hazeltine Boulevard) about 2.5 miles west of downtown. . TH 5 and Galpin, two miles west of Downtown Chanhassen, presently has only a Kwik Trip gas!convenience store and CVS Pharmacy in the northeast quadrant of the intersection. The northwest quadrant has 15 acres that is undeveloped. This area may attract future commercial development. . TH 7 and TH 41 are along Chanhassen's northern boundary with Shorewood. This neighborhood shopping area is comprised of both Chanhassen and Shorewood businesses. The Chanhassen businesses are located in the southwest quadrant of the intersection. The Shorewood businesses are part of a neighborhood strip center anchored by Cub Foods. Clearly Downtown Chanhassen is the dominant retail and service center for the community, with 61 percent ofthe community's retail stores and 50 percent ofthe area's services. Much of the Planning Commission Commercial Districts November 3,2009 Page 3 of 13 downtown area is newer construction (10 years old or less). Future growth in downtown will be limited. The area is almost fully developed and lacks additional developable sites. The other retail nodes are for the most part fairly recent developments. These areas have developed more recently after Downtown Chanhassen was almost fully developed. These smaller areas have limited capacity to absorb additional commercial demand. Future Development Areas Chanhassen has three areas that may be targeted for additional retail development, as shown on Map 2. Two of these areas are located along the new TH 212 and the third is an infilllocation along TH 5. The Fox-Dorsey property in the northwest quadrant of the TH 212 and Powers Boulevard interchange is the largest of the three with about 110 acres. This area has been considered for mixed-use development, but would also be appropriate for a large shopping center or a lifestyle center. Located west of Powers Boulevard and south of Lyman Boulevard (CSAH 18), the area will have excellent accessibility to the new TH 212 and to residents throughout the area. This area is about two miles south of Downtown Chanhassen. Currently, property south of Lyman is generally undeveloped, and north of Lyman is mostly residential. The area west of the interchange of TH 212 and Great Plains Boulevard is under construction for the Crossroads of Chanhassen commercial development. This area is about 1.5 miles south of Downtown Chanhassen. The area will likely be a mixed-use area with residential and commercial developments planned. Competitive Shopping Areas Competition for Chanhassen retail and service establishments ranges from small convenience clusters to super regional shopping areas. The regional shopping center competition and its proximity to Chanhassen are most important for reasons that will be discussed in the trade area and development potential sections. Ridgedale and Southdale, the pre-eminent super regional shopping centers, are each about ten miles from Downtown Chanhassen. The other super regional malls, excluding Mall of America, are about eight to nine miles apart, indicating that Chanhassen is further from its competitive regional malls than the existing malls are from each other. Community shopping areas in Eden Prairie, Chaska and Minnetonka provide the most significant competition to Chanhassen merchants and services. These community shopping areas are anchored by discount stores and supermarkets whose drawing power attracts many other retailers, restaurants and services. With the larger anchor stores and greater number of retail and service stores, these areas provide more diversity and selection, and have greater appeal than convenience shopping areas. Planning Commission Commercial Districts November 3,2009 Page 4 of 13 Retail Development Potential Chanhassen lies in the southwestern portion of the Twin Cities urbanized area, and its retail trade area includes agricultural areas to the west and south, and several free-standing communities. These agricultural areas will be developed with homes as the MUSA line is extended. Free- standing communities are also growing rapidly. Factors that support retail and service potential in Chanhassen include: . Rapid household growth within Chanhassen' s three trade areas. . TH 5 provides excellent access to downtown and other retail areas. . TH 212 creates opportunities for additional retail development to serve Chanhassen's growing population and that of its trade areas. . Household income in each of Chanhassen's trade areas exceeds $95,000 in 2005 compared to $73,879 for the metro area, and is expected to exceed $106,000 in 2010. . In 2010, 43 to 46 percent of the households in Chanhassen's trade areas are expected to have incomes above $100,000. . Chanhassen's trade area population is highly educated with 39.9 percent of the population having college degrees and 16.4 percent having graduate degrees in 2005. Chanhassen's favorable trade area demographic characteristics and population growth rates will be attractive to retailers that can bring to Chanhassen retail stores that trade area residents are now visiting at Southdale, Ridgedale and other comparable shopping areas. Chanhassen's retail areas along TH 5 and TH 212 have the opportunity to develop with stores and services that appeal to Chanhassen's favorable demographics. Downtown Chanhassen and South Downtown combined have an estimated 700,000 square feet of retail, food service, and service space. Supportable space is also estimated at about 700,000 square feet in 2005 increasing to 812,000 square feet in 2010, an increase of 112,000 square feet. Downtown currently, according to city records, has one vacant parcel about one acre in size that has fair access and visibility. South Downtown has four vacant parcels ranging in size from 1.3 acres to 2.7 acres for a total of about 7.3 acres. This indicates that Downtown and South Downtown do not have enough space to accommodate future retail demand. Utilizing traditional commercial development concepts, the downtown area would need an additional 12 :t acres to adequately accommodate the additional 112,000 square feet of supportable square footage anticipated by 2010. Projections of development potential in downtown are somewhat academic since downtown does not have developable land either north or south of TH 5 to accommodate this magnitude of growth. Downtown can continue to fill in with retail, food service and services as trade area population increases. The downtown area has a good representation of convenience goods stores and general merchandise (Target). To significantly expand retail stores comparable to trade area development potential would require addition of more big-box stores to drive customer visits. Planning Commission Commercial Districts November 3,2009 Page 5 of 13 The lifestyle trade area, due to its larger number of households, has an estimated 873,000 square feet in 2010 increasing to 1,132,000 in 2025. This trade area has development potential similar to that of Downtown Chanhassen. The potential lifestyle site, TH 212 and Powers Boulevard, has 120 acres or more that could accommodate retail development. This location can accommodate some of the retail potential that cannot be accommodated in Downtown Chanhassen. A retail development at this location should focus primarily on shopping goods, which is under represented in Downtown Chanhassen. Lifestyle shopping center potential is estimated at about 873,000 square feet in 2010, increasing to 955,000 square feet in 2015. Shopping goods would be the major focus of this center and could represent up to 85 percent of the GLA. The next largest category is likely to be food service, with an emphasis on full-service restaurants, which is also under represented in downtown. A shopping center of this type would complement Downtown Chanhassen's current retail offerings. This area could accommodate over 1.1 million square feet of retail, services and health care by 2025. The convenience trade area, due to its smaller number of households, can support an estimated 151,100 square feet of retail in 2010, increasing to 227,000 square feet in 2025. The convenience trade area is located surrounding the interchange of Great Plains Boulevard with TH 212. This shopping area would be grocery store anchored and would include primarily convenience goods stores, food service, a limited representation of shopping goods stores, services and health care. The convenience shopping area will serve residents that live within or near its primary trade area. Rapid household growth in southern Chanhassen will support a supermarket in this area without diminishing long-term sales potential of supermarkets located in Downtown Chanhassen. Sales potential of the downtown area would support 155,000 square feet of supermarket space in 2010 growing to 190,000 square feet in 2015, an increase of 35,000 square feet. It is unlikely that a fourth supermarket would want to locate downtown due to competitive supermarkets. Land Demand Downtown Chanhassen and its trade area have sales potential to support an additional 12 acres of retail development by 2010, increasing to 49 acres in 2025. Downtown, however, is almost completely developed and has only about seven acres available for development. A significant increase in retail space would require two to four big-box retailers to attract additional customers. The potential lifestyle site at TH 212 and Powers Boulevard has the potential to support 88 acres in 2010, increasing to 113 acres in 2025. This creates the opportunity to develop a large lifestyle center of 650,000 to 800,000 square feet that could include one or two department stores. The exact form this shopping center will take will depend on the desires of the developer. The potential convenience retail location at TH 212 and Great Plains Boulevard could support about 16 acres ofretail development in 2010, increasing to about 23 acres in 2025. This development would be located north and south of TH 212. Retail development at the two retail locations west of downtown along TH 5 are likely to fill in with either convenience or destination retail and services that cannot be accommodated in Downtown Chanhassen. The Planning Commission Commercial Districts November 3,2009 Page 6 of 13 development opportunities in these two areas are limited by available land for retail or service uses. Commercial Office Land Demand Over the next 20 years, demand for office space is estimated to range from 900,000 to 1.9 million square feet. Assuming a typical development ratio of 12,500 square feet of office building per acre of land, it is estimated that future commercial office development in Chanhassen will require 72 to 152 acres of land. Office Showroom Land Demand Assuming a typical development ratio of 15,000 square feet of office showroom building per acre of land, it is estimated that future office showroom development in Chanhassen will require about 22 acres of land. A total land allocation of 20 to 25 acres for office showroom space should satisfy Chanhassen's future land demand for office showroom development. Office Warehouse Land Demand With an additional 1.1 million square feet of office warehouse space forecast for Chanhassen, a typical development guideline of 15,000 square feet of office warehouse space per acre indicates that the area will need about 75 acres of land, excluding retention ponds, for future office warehouse development. Strategy Based on short-term retail development potential, Chanhassen needs additional land for retail development. Available officelindustrialland is sufficient to meet the high-range demand of 263 acres in 2025. Construction of TH 212 has altered potential land use along its route and at interchanges. This creates the opportunity to adapt future development pattems in Chanhassen to the improved access provided by TH 212. Downtown and South Downtown currently have about eight acres available for retail development. These sites consist of several small parcels, the largest of which is about 2.7 acres. Downtown has the potential to support additional retail space, but does not have the land area to accommodate this demand. The interchange of Powers Boulevard with TH 212 and the large amount of vacant land creates the opportunity for new shopping center development to accommodate retail potential that cannot be accommodated in Downtown Chanhassen. This area has the potential to support 88 to 113 acres of retail, food service, service and office service tenants over the next 20 years. The high end of this range would represent a super regional shopping center slightly smaller than Southdale. It is more likely that the shopping center will be somewhat smaller. Research indicated that the likely size of a lifestyle center would be 650,000 to 800,000 square feet, which Planning Commission Commercial Districts November 3,2009 Page 7 of 13 could be accommodated on 65 to 80 acres. In addition, if this area evolved as a lifestyle center it could also contain residential and office components within the development creating a mixed- use retail, office and residential development. This location presents Chanhassen with the opportunity to develop a contemporary mixed-use lifestyle center that would be unique to the Metropolitan Area and would complement the retail offerings of Downtown Chanhassen. Its retail tenants would be primarily shopping goods stores, a category that is not well represented in downtown. This center could create additional draw that would complement downtown's retail offerings and provide additional sales to business in downtown. CITY OF CHANHASSEN 2030 COMPREHENSIVE PLAN As part of the 2030 Comprehensive Plan, the City approved two land use amendments to accommodate additional commercial and office land. The first was a land use amendment, which guided this area for commercial and/or office/industrial uses, was approved for the triangular area bounded by Highway 5 on the north, the Twin Cities & Western Railroad on the south and Park Drive on the west. This area has a few vacant lots as well as existing buildings that could be retrofitted for commercial uses. Community Commercial Area Planning Commission Commercial Districts November 3, 2009 Page 8 of 13 The second amendment re-guided to a dual land uses the 160 acres at the southeast comer of Powers and Lyman Boulevards to accommodate regional/lifestyle commercial development. The 2030 Land Use Plan guides this area for commercial and/or office uses. - ---- :.....':, .",,,...< .<,,~~ .,. CITY OF CHANHASSEN 2030 Land Use Plan dJ COMMERCIAL ~ OFFICE ~ AGRICULTURE ~ RESIDENTIAL LARGE LOT ~ RESIDENTIAL MEDIUM DENSITY LJ RESIDENTIAL LOW DENSITY LJ RESIDENTIAL HIGH DENSITY UlIIrn OFFICE INDUSTRIAL LJ PARKS OPEN SPACE LJ PUBLIC SEMI PUBLIC !JI MIXED Regional/Lifestyle Center Based on Figure 2.1 in the Land Use Chapter of the City's 2030 Comprehensive Plan, in 2000, the City had approximately 88 acres of vacant commercial land, 388 acres of vacant office/industrial land, 99 acres of vacant office land and 30 acres of mixed- use land. The vacant lands should provide sufficient lands to accommodate development diversity within the planning time frame. Community Commercial The following language was included as part of the 2030 Comprehensive Plan "2.7.3 Community and General Commercial DefinitionlVision: 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 Planning Commission Commercial Districts November 3, 2009 Page 9 of 13 development; and adequate buffering by physical features or adjacent uses to protect nearby residential development. Goods and Services Examples · Furniture and Horne Furnishings · Electronic and Appliance Stores · Building Material and Garden Supplies · Auto Parts and Accessories · Sporting Goods A new zoning district CC (Community Commercial) will be created in the City Code to implement this land use." The CC district is intended to provide an opportunity for larger retail uses, but not the full range of "big box" retail. The uses in the CC district are intended to complement and enhance the existing and future uses in the downtown area by providing shopping opportunities not currently available in the City. Prior to any redevelopment of the area for retail uses, the City would require a traffic study to determine if any roadway improvements would be necessary to facilitate the changes in use. The definition of "big" is, however, relative, and must be related to the product category in question. For the supermarket/grocery sector, a big-box superstore normally must be in the 50,000 to 100,000 square-foot range. For warehouse operations such as Costco, big boxes normally contain 120,000 square feet. In contrast, for book retailers, 25,000 to 50,000 square feet would qualify as a big-box operation. For other specialty retail categories, for example eye glasses, a 5,000 square-foot store would qualify as a "big box." The key point is that "big-box, category-killer" stores are several times the size of a traditional outlet in their category. (Center for Study of Commercial Activity) The following definitions are excerpted and adapted from Maryland's 'Big-Box' Retail Development, Managing Maryland's Growth: Models and Guidelines, Maryland Department of Planning, October 2001. . Big-box retail facilities are large, industrial-style buildings or stores with footprints that generally range from 20,000 square feet to 200,000 square feet. While most big-boxes operate as a single-story structure, they typically have a three-story mass that stands more than 30 feet tall. The definition or perhaps the description of a big-box store can be better understood through its product category. For example, book retailers like Barnes & Noble generally range from 25,000 square feet to 50,000 square feet, whereas in the general merchandise category, big-boxes like Wal-Mart range from 80,000 square feet to 130,000 square feet. (These typically no-frill stores seek to attract customers with the low prices and/or large selection possible with large floor space and high volume sales). Planning Commission Commercial Districts November 3, 2009 Page 10 of 13 . Discount department stores, ranging from 80,000 square feet to 130,000 square feet, offer a wide variety of merchandise including automotive parts and services, housewares, home furnishings, apparel and beauty aids. This group includes retailers such as Target, Wal-Mart and Kmart. . Category killers, ranging from 20,000 square feet to 120,000 square feet, offer a large selection of merchandise and low prices in a particular type of product category. This group includes retailers such as Circuit City, Office Depot, Sports Authority, Lowe's, Home Depot and Toys "R" Us. (As the name implies, they tend to overwhelm or "kill" smaller, or less focused competitors) . Outlet stores, ranging from 20,000 square feet to 80,000 square feet, are typically the discount arms of major department stores such as Nordstrom Rack and J.e. Penny Outlet. In addition, manufacturers such as Nike, Bass Shoes and Burlington Coat Factory have retail outlet stores. . Warehouse clubs, ranging from 104,000 square feet to 170,000 square feet, offer a variety of goods, in bulk, at wholesale prices. However, warehouse clubs provide a limited number of product items (5,000 or less). This group includes retailers such as Costco Wholesale, Pace, Sam's Club and BJ's Wholesale Club: (These clubs often charge their customers an annual membership fee). A growing number of cities and towns are adopting store size caps to ensure that new retail development is scaled appropriately for the community and does not overwhelm the local economy or exacerbate sprawl and traffic congestion. Most communities choose an upper limit of between 35,000 and 75,000 square feet. Communities consider many factors in deciding what an appropriate size limit for retail stores is. Here are some useful reference points: · Average Rite Aid: 13,000 sq. ft. · Average Barnes & Noble: 25,000 sq. ft. · Average Best Buy: 37,000 sq. ft. · Supermarkets: range from 10,000 to 90,000 sq. ft. and average 44,000 sq. ft. · Football field: 57,000 sq. ft. · Average Home Depot (including garden area): 128,000 sq. ft. · Wal-Mart supercenters: range from 99,000 to 250,000 sq. ft. and average 187,000 sq. ft. Most of the stores Wal-Mart, Target, and Home Depot have built in the last ten years are between 80,000 and 120,000 square feet, or about the size of two or three football fields. Today, Wal-Mart and Target are building "supercenters," which combine general merchandise and groceries in stores as large as 250,000 square feet. That's just under 6 acres. The parking lots that surround these stores are generally four to seven times their size. Planning Commission Commercial Districts November 3,2009 Page 11 of 13 Barnes & Noble and Borders Books stores range from 25,000 to 45,000 square feet. Walgreens, Rite Aid, and CVS build stores of about 15,000 square feet. Starbucks coffee shops range from 500 to 8,000 square feet. As for independent retailers, a full-service neighborhood grocery store might be 10,000 square feet. Locally owned hardware stores generally range from 4,000 to 20,000 square feet. An independent bookstore might be 4,000 square feet. Courtesy of Institute for Local Self-Reliance The draft ordinance proposes a user range from 15,000 to 65,000 square feet as well as a limited list of uses. PROPOSED CHANGE: Add an article to the zoning code incorporating standards for the Community Commercial District. Regional/Lifestyle Center Commercial The following language was included in the 2030 Comprehensive Plan: "2.7.4 Regional/Lifestyle Center Commercial 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 of retail and service uses within their boundaries. Uses within this district should complement existing retail users in the other commercial districts. Planning Commission Commercial Districts November 3, 2009 Page 12 of 13 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. Goods and Services Examples · Entertainment · Department Store · Comparison Shopping . Specialty Retail/Boutique · Restaurants · Hotels . Residential A new zoning district RC (Regional/Lifestyle Center Commercial) will be created in the City Code to implement this land use." The intent of the district is to provide comparative shopping opportunities in the community, which would add to the retail choices currently available. It should also provide the opportunity for the creation of a mixed-use development, primarily composed of office and commercial uses, but potentially supported by limited residential uses. Due to the site's access and visibility to the traveling public along Highway 212, this commercial area provides an opportunity to bring additional customers and visitors to the City, potentially supporting commercial establishments in other parts of the City. The setback requirements are similar to the Central Business District except they require a minimum five-foot front and rear setback. This would allow a minimum public space in the front of each building for seating and tables, benches, planters and landscaping. Setbacks would be staggered with the building height to promote natural sunlight. Permitted uses will be determined at the time of the development of the PUD development standards. PROPOSED CHANGE: Amend section 20-502 regarding residential uses within the regional/lifestyle center commercial PUD and section 20-503 requiring the minimum district size for a regional/lifestyle center commercial PUD be 30 acres. Add section 20-509 incorporating the minimum standards for the regional/lifestyle center commercial PUD. Planning Commission Commercial Districts November 3, 2009 Page 13 of 13 RECOMMENDA TION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that City Council adopt the ordinances amending the Chanhassen City Code creating a Community Commercial Zoning District and Planned Unit Development Standards for Regional/Lifestyle Center Commercial Districts." ATTACHMENTS 1. Ordinance Amending Chapter 20, Community Commercial District. 2. Ordinance Amending Chapter 20, PUD Standards, Regional/Lifestyle Center Commercial. 3. Existing PUD Ordinance. 4. Map 2. 5. Development Concept Ratios. g:\plan\city code\2009 code amendments\regional & community commercial\pc memo rc and cc regulations ph.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. (8/21/09 draft) AN ORDINANCE AMENDING CHAPTER 20 ZONING CHANHASSEN CITY CODE, THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding an Article _, which shall read as follows: "CC" Community Commercial District Intent. The intent of the community commercial district is to provide for moderate to large sized commercial development. These large-scale commercial and office users need high visibility along arterial roads. While smaller scale ancillary commercial uses may be permitted integral to the principal use, the primary use of a building shall be medium to large type users with a minimum tenant space of 15,000 square feet. The intent of the district is to accommodate larger uses. The creation of multi-tenant, small user, strip centers is prohibited. Location criteria for Community Commercial uses are: access to arterial and collector 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 on a single level or floor for an individual use shall be no more than 65,000 square feet. Permitted Uses Arts and Crafts Supply Store Automotive Parts and Accessories Book Store Building Supply Center Consumer Electronics and Appliance Store Drugstore Furniture and Home Furnishings Garden Center Grocery Store Health and Dental Clinics 1 Hobby, Toy and Game Stores Office Office Equipment and Supply Personal Services Sewing and Fabric Store Sporting Goods Permitted Accessory Uses Antennas Automatic Teller Machines (A TMs) Parking lots and ramps Signs Utility Services Conditional Use Screened Outdoor Storage Lot Requirements and Setbacks Minimum Lot Area: one (1) acre Minimum Lot Depth: 100 feet Minimum Lot Frontage: 100 feet Maximum Lot Coverage: 70 percent Maximum Building Height: Four stories; 50 feet. Setbacks: B uildinglparking Front: 25 feet Side: 10 feet Rear: 10 feet Parking Setback Exemptions: There is no minimum setback when it abuts, without being separated by a street, another off- street parking area. Parking setbacks may be reduced to ten feet along public streets if the applicant can demonstrate to the satisfaction of the City that 100 percent screening is provided at least five feet above the adjacent parking lot. 2 Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of _,2009, by the City Council ofthe City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\city code\2009 code amendments\regional & community commercial\cc district 8-21-09.doc 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 ZONING CHANHASSEN CITY CODE, THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-502 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Allowed uses. (a) Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this ordinance and the comprehensive plan. (3) Residential development in a regional/lifestyle center commercial PUD may only occur in conjunction with a commercial or office development and may not encompass more than 20 percent of the proposed development. The residential component of a development may be constructed concurrent or after construction of the commercial or office component, but may not proceed such commercial or office development. The phasing of the residential component shall be reviewed and approved as part of the development plan. Section 2. Section 20-503 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: District size and location. (a) Each PUD shall have a minimum area of five acres except the regional/lifestyle center commercial PUD which must be a minimum of 30 acres, unless the applicant can demonstrate the existence of one of the following: 1 (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a POO will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a POO or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. Section 3. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-509, which shall read as follows: Standards and guidelines for regional/lifestyle center commercial planned unit developments. (a) Intent. The use of planned unit developments for regional/lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. It shall strive to create a self-sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping and social components. The regional/lifestyle center commercial district is 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. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. 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, but shall avoid monotony in design and visual appearance. Vehic1e and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. (b) Minimum lot size. 10,000 square feet (c) Minimum lot width at building setback: 100 feet. 2 (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: Building setbacks are also a function of the building height. As a building's height increases above 35 feet, the front, rear and project perimeter setback shall increase on a one to one basis. The increased setback shall only apply to that portion of the building that exceeds 35 feet, e.g., a 40 foot tall building would be set back 10 feet (front or rear) at that point where the building height equals 40 feet. A building height may step back, providing the setbacklbuilding height ratio is maintained. (1) PUD exterior: 30 feet. The 30-foot PUD exterior setback may be changed, increased or decreased, by the city council as part of the approval process when it is demonstrated that environmental protection or development design will be enhanced. Building setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the Comprehensive Plan shall be 50 feet unless unique circumstances are found which would allow the City to reduce the setback requirement. (2) Front yard: 5 feet. (3) Rear yard: 5 feet. (4) Side yard: O. Building setbacks are also a fUl'lction of the building height. ,'\s a building's height increases above 35 feet, the front and rear setback shall increase on a one to one basis. The increased setback shall only apply to that portion of the building that exceeds 35 feet, e.g., a 10 foot tall building would be set back 10 feet (front or rear) at that point where the building height equals 10 feet. ,^.. building height may step back, providing the setbacyJbuilding height ratio is maintained. Building setbacks adjacent to exterior de'lelopment lot lines abutting an area designated for residential use in the Comprehensive Plan shall be 50 feet unless unique circumstances are found which 'Nould allow the City to reduce the setback requirement. (5) Parking: Setbacks (feet): Front: 10 Side: 10 Rear: 10 3 Parking Setback Exemptions: There is no minimum parking setback when it abuts, without being separated by a street, another off-street parking area. Parking along public streets shall provide an appropriate transition, which shall incorporate such elements as landscaping, decorative fencing, public art, berming, etc. Parking setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the Comprehensive Plan shall be 50 feet unless unique circumstances are found which would allow the City to reduce the setback requirement. Unique circumstances include site elevation, separation by natural features such as wetlands or stands of mature trees or substantial visual screening through berming and landscaping. Parking standards shall comply with City Code for type and location. (f) Maximum Building Height: Commercial - retail, 2 stories Commercial - services, 3 stories Office - 5 stories Residential - 5 stories The maximum building height for building sites at the perimeter of the district which abut siBglc family residential homes shall be 35 feet. (g) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds, and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over-story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and less intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double-fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and less intensive uses. Similar measures shall be provided for double-fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. 4 (3) Foundation and yard plantings. A minimum budget or plan for foundation plants shall be established and approved by the city. As each parcel is developed in the POO, the builder shall be required to install plant materials meeting or exceeding the required budget or prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Tree preservation. Tree preservation is a primary goal of the POO. A detailed tree survey should be prepared during the design of the POO and the plans should be developed to maximize tree preservation. (h)Architectural standards. The applicant should demonstrate that the POO will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The POO agreement should include the following: (1) Standards for exterior architectural treatments. (2) Streetscape Requirements Every building shall incorporate a streetscape, public realm space between the building the roadway. The use of canopies, awnings or arcades is encouraged in these interfaces. Outdoor seating areas must be in a controlled or cordoned area with at least one access to an acceptable pedestrian walk. Seating areas may be shared by multiple uses. When a liquor license is involved, an enclosure is required around the outdoor seating area and the enclosure shall not be interrupted; access to such seating area must be through the principle building. Outdoor seating areas must be located and designed so as not to interfere with pedestrian and vehicular circulation. Streetscape elements shall include: landscaping, lighting, and street furniture such as benches, bus shelters, kiosks, planters, public art, tables and chairs, etc. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of _,2009, 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\2009 code arnendments\regional & community commercial\amendment ordinance rc pud.doc 5 ~ ~ '-\t"J ~ ~kR. J~ II '$/ DB. its conformity to the provisions Of the Comprehensive Plan and the City Code before incurring V) substantial expense. Section 7. 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) Building and parking setbacks from 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. Where industrial uses abut developed 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. Section 8. Section 20-505 (m) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: ") j 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. The buffer yard is not an additional setback requirement. 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 physical separation and screenirlg 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. Section 9. 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: 5 ZONING ~ 20-501 they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control AgencY's Chapter 7080 for design of onsite sewage treatment systems, shall be considered nonconforming. (Ord. No. 217, ~ 4, 8-22-94;Ord. No. 377, ~ 60, 5-24-04) Secs. 20-487-20-500. Reserved. ARTICLE VIII. PLANNED UNIT DEVELOPMENT DISTRICT* DIVISION 1. GENERALLY 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. It will be the applicant's responsibility to demonstrate that the city's expectation is to be . realized as evaluated against the following criteria. Planned unit developments are to encourage the following: (1) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. (2) More efficient and effective use ofland, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. (3) High quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. (4) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (5) Development which is consistent with the comprehensive plan. *Editor's note-Section 1 of Ord. No. 149, adopted June 24, 1991, amended Art. VIII, Div. 1, to read as herein set out. Prior to amendment, Art. VIII, Div. 1, contained ~~ 20-501-20-505, pertaining to similar subject matter and deriving from Ord. No. 80, Art. V, ~ 18(5-18-1-5-18- 5), adopted Dec. 15, 1986,anrl Orrl. No. 136, ~ 1, adopted Jan. 28, 1991. CD20:93 ~ 20-501 CHANHASSEN CITY CODE .,.,.cO) ~..-,~. -. ... t~: . ..'>~ (6) Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the comprehensive park plan and overall trail plan. (7) Provision of housing affordable to all income grotips if appropriate within the PUD. (8) Energy conservation through.the use of more efficient building designs and sightings and the clustering of buildings and land uses. (9) Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. (Ord. No. 149, ~ 1, 6-24-91; Ord. No. 377, ~ 61, 5-24-04) Sec. 20-502. Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this ordinance and the comprehensive plan. (Ord. No. 149, ~ 1, 6-24-91; Ord. No. 377, ~ 62, 5-24-04) ) Sec. 20-503. District size and location. (a) Each PUD shall have a minimum area of five acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a. PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed. previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal. arterial as defined in the comprehensive plan. (Ord. No. 149, ~ 1, 6-24-91; Ord. No. 377, ~ 63, 5-24-04) ''1 -~~~) CD20:94 ZONING ~ 20-505 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. (Ord. No. 149, ~ 1,6-24-91; Ord. No. 377, ~ 64,5-24-04) Sec. 20-505. Required general standards. (a) The city shall consider the proposed PUD from the point of view of an standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and sCreening of noncompatible land uses and parking areas. / (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance standards. (c) Density. An increase/transfer for density may be allowed at the sole discretion of the city utilizing the following factors: (1) Density within a PUD shall be calculated on net acreage located within the property lines of the site in accordance with the land use plan. o (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single-family detached area will be evaluated using the items listed in section 20-506 or 20-508. Density transfer eligible for multiple-family areas are not permitted to be applied to single-family areas. (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be CD20:95 ~ 20-505 CHANHASSEN CITY CODE -<-"~'.) ,"... ..." ," approved by the city contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. (e) Hard surface coverage shall be limited as follows: Comprehensive Plan Designation Low or medium density residential Hard Surface Coverage (%) 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Individual lots within PUD may exceed these standards as long as the average meets these 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 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 herming, existing CD20:96 ZONING ~ 20-505 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. (g) More than one building may be placed on one platted or recorded lot in a PUD. (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction, however, all parcels will remain subject to the PUD development contract that will be recorded in each chain-of-title. ; ; .,; (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD development contract. (j) The requirements contained in articles XXIII, and XXV of this chapter may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. (I) No building or other permit shall be issued for any work on property included within a proposed or approved PUD nor shall any work occur unless such work is in compliance with the'proposed or approved PUD. (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 lOO-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. Th 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. CD20:97 ~ 20-505 CHANHASSEN CITY CODE .-) ...........-...... i;';.. '..'. 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 reduce buffer yard requirements by up to 50 percent. The applicant shall have the full burden of demonstrating compliance with the. standards herein. (Ord. No. 149, ~ 1, 6-24-91; Ord. No. 179, ~ 3,11-23-92; Ord. No. 240, ~ 14, 7-24-95; Ord. No. 315, ~ 2, 3-26-01; Ord. No. 377, ~~ 65-68, 5-24-04) Sec. 20-506. Standards and guidelines for single-family detached residential planned unit developments. (a) Intent. The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public/private open and recreational space, should also be enhanced. (b) .Minimum lot size. The standard single-family residential PUD allows lot sizes down to a minimum of 11,000 square feet (excluding identified wetland areas from lot calculations). Average lot sizes for the entire PUD shall maintain a minimum area of 15,000 square feet. The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions, preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a 60-foot by 60-foot building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard 30 feet deep. (c) Minimum lot width at building setback: 90 feet. (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: (1) PUD exterior: 30 feet. * *The 30-foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. Accessory buildings and structures-located adjacent to or behind principal structure a minimum of ten feet from property line. (2) Front yard: 30 feet. (3) Rear yard: 30 feet. ) -' ..J >~.; CD20:98 ZONING ~ 20-506 (4) Side yard: Ten feet. (f) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds, and scenic views. These areas are to be permanently protected as. public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas shall require a mix of over-story trees and other plantings consistent with the site. A minimum of one over-story tree must be provided in each front yard. In place of mass.grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double-fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double-fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. ) (3) Rear yard. The rear yard shall contain at least two over-story trees. Preservation of existing trees having a diameter of at least six inches at four feet in height can be used to satisfy this requirement of the PUD and the plans should be developed to maximize tree preservation. (h) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and buildihg materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two-car garage without variances to obtain a permit; (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other. accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, ~ 1, 11-23-92; Ord. No. 377, ~~69, 70, 5-24-04) CD20:99 ~ 20-507 CHANHASSEN CITY CODE #'~":':. ...:~. c.. -- ..'... .~. .. . '...-..:,-;'" Sec. 20-507. Controls during construction. and following completion. (a) The use of the land, the construction, modification or alteration of any buildings or structures in a PUD shall be governed by the final development plan... (b) After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan for a PUD except: (1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the city planner if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the bulk of any building structure by more that ten percent. (2) Any building or structure that is totally or substantially destroyed may be recon- structed only in compliance with the final development plan unless an amendment to the final development plan is approved. (3) Changes in uses, any rearrangements oflots, blocks and building tracts, changes in the provisions of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the planning commission and upon final approval by the city council. Ally changes shall be recorded as amendments to the final development plan. (c) Major amendments to an approved master development plan may be approved by the city council after review by. the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original PUD. A major amendment is any amendment which: ) (1) (2) Substantially alters the location of buildings, parking areas or roads; . . Increases or decreases the number of residential dwelling units by more than five percent; Increases the gross floor area of nonresidential buildings by more than five percent or increases the gross floor area of any individual building by more than ten percent; Deceases the amount of open space by more than five percent or alters it in such a way I;!S to change its original design or intended use; or (5) Creates noncompliance with any special condition attached to the approval of the- master development plan. (Ord. No. 149, ~ 1, 6-24-91) (3) (4) Sec. 20-508. Standards and guidelines for single-family attached or cluster-home PUDs. (a) Generally. Single-family attached, cluster, zero lot line, townhouses and similar type dwelling types may be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. ') . ^,:~_~;;i' CD20:100 , ., \ } ) ZONING ~ 20-508 (b) Minimum lot sizes. There shall be no minimum lot size; however, ih no case shall net density exceed guidelines established by the city comprehensive plan. (c) Setback standards I structures and parking: (1) PUD exterior: 50 feet. (2) Interior public right-oi-way: 30 feet. * *The 30-foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (3) Other setbacks: Established by PUD agreement. (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds, and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (e) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over-story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and more intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double-fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double-fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in. the PUD, the builder shall be requked to install plant materials meeting or exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) 1tee preservation. Tree preservation is a primary goal of the PUD~ A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (f) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. CD20:101 ~ 20~508 CHANHASSEN CITY CODE 'JCOO':O .....4-.. . .o.~ ow:. r-'-.". ..~ .~:- ". .-; , .; (2) Prohibition against freestanding garages maybe requited by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a tw~car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, ~ 2, li-23-92; Ord. No. 240, ~ 15,7-24-95; Ord. No. 315, * 3, 3-26-01; Ord. No. 377, *~ 70, 71, 5-24-04) Sees. 20-509-20-515. Reserved. DIVISION 2. PROCEDURES Sec. 20-516. Preapplication conference. Prior to filing an application for PUD, the applicfiIlt shall attend a conference with the city. 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 this ordinance before incurring substantial expense. (Ord. No. 80, Art. V, ~ 18(5-18-6(1)), 12-15-86) ') Se~. 20-517. General concept plan. (a) In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and cOIIUllent by the planning commission and city council. Submission of a concept plan is optional but is highly recom- mended for large PUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested. by the city. Generally, this information should include the following information appropriate to the type of development, e.g., commercial, industrial, or residential: (1) Approximate building areas, pedestrian ways and road locations; (2) Height, bulk and square footage of buildings; (3) Type, number or square footage or intensities of specific land lises; (4) Number of dwelling units; (5) Generalized development plan showing areas to be developed or preserved; and (6) Staging and timing of the development. J CD20:102 ZONING ~20-518 (b) The tentative written consent of all property owners within the proposed PUD shall be filed with the city before the staff commences review. Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. (c) The final acceptance ofland uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. (3) The planning commission shall conduct a hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing, written notification of the hearing shall be mailed at least ten days prior thereto to owners ofland within 500 feet of the boundary of the property and an on-site notification sign erected. (4) Following the receipt of the report and recommendations from the planning commis- sion, the city council shall consider the proposal. If the planning commission fails to make a report within 60 days after receipt of the application, then the city council may proceed without the report. The council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a simple majority vote of city council, except for proposals requiring comprehensive plan changes which shall require a four-fifths vote of the entire city council. (Ord. No. 80, Art. V, ~ 18(5-18-6(2)), 12-15-86; Ord. No. 377, ~ 72, 5-24-04; Ord. No. 409, ~ 3, 1-9-06) Sec. 20-518. Development stage. (a) Following general concept approval of a PUD, the applicant shall submit the develop- ment stage application, preliminary plat and fee. If appropriate because of the limited scale of the proposal, the concept stage and preliminary plan stages may proceed simultaneously. The applicant shall file the development plans and preliminary plat, together with all supporting data. (b) With the appropriate notifications, the planning commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations to the city council for action. (c) The development stage shall include but not be limited to: (1) A preliminary plat and information required by chapter 18. (2) An approved development plan drawn to a scale of not less than one inch equals 100 feet containing at least the following information: a. Proposed name of the development. Supp. No.2 CD20:103 ~. 20-518 CHANHASSEN CITY CODE b. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. ~"')...... .'-'.....-..... ". .." _.';'-:; c. The location, size, use and arrangement including height in stories and feet and t,otal square feet of ground area coverage and floor area of proposed buildings, and existing buildings which will remain, if any. d. Location, dimenSions ,of all driveways, entrances, curb cuts, parking stalls, I,oadingspaces and access aisles, and all ,other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. e. The location, designation and total area pr,oposed to be conveyed or dedicated for . private and public open space, including. parks, playgrounds, school sites and recreati,onal facilities. f. The location, use and size of structures and other land uses located within 200 feet of the property boundary. g. A natural resource analysis identifying existing vegetation areas consisting of . forest and wood lots. as well as wetlands and wetlands vegetation; the geology; slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff settling areas, and floodplains must be identified; analysis of the relationship of the proposed use ,of the existing natural conditi,ons listed above. ....-) h. A proposed landscaping plan, including location ,of existing plants, identification ,of Species, caliper size and acreage. i. The location, type and sne of all graphics and signage. j. Any other information that may have been required by the pl~nning commission or council in conjunction with the approval ,of the general concept plan. (3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. (4) A tabulation indicating the number of residential dwelling units and expected population. (5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity. (6) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes. (7) Preliminary grading and site alteration plan illustrating changes to existing topogra- phy and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. . ).. .," ~ .. Supp. No.2 CD20:104 ZONING ~ 20-518 (8) A soil erosion control plan acceptable to watershed districts, state department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. (9) Protective covenants and homeowners' association bylaws. Supp. No.2 CD20:104.1 ZONING ~ 20-572 (d) The city may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant concerning operational factors. (Ord. No. 80, Art. V, ~ 18(5-18-6(3)), 12-15-86) Sec. 2()"519. Final stage. Following preliminary plat approval, the applicant for PUD shall prepare and submit the final plat and execute the development contract prepared by the city. If appropriate because of the limited scale of the proposal, the preliminary and final plats may proceed simultaneously. The city council shall then consider the submission for final approval and rezoning to PUD. (Ord. No. 80, Art. V, ~ 18(5-18-6(4)), 12-15-86) Secs. 20-520-20-550. Reserved. ARTICLE IX. RESERVED* Secs. 20-551-20-570. Reserved. ARTICLE X. "A-2" AGRICULTURAL ESTATE DISTRICT Sec. 20-571. Intent. The intent of the "A-2" District is preservation of rural character while respecting development patterns by allowing single-family residential development. (Ord. No. 80, Art. V, ~ 3(5-3-1), 12-15-86) Sec. 20-572. Permitted uses. (1) Agriculture. (2) Antennas as regulated by article xxx: of this chapter. (3) Arboretums. (4) Day care center for 12 or fewer children. (5) Group home for six or fewer persons. (6) Public and private parks and open space. (7) Single-family dwellings. (8) Temporary real estate office or model home. *Editor's note-Ord. No. 377, ~73, adopted May 24, 2004, repealed Art. IX, ~~ 20-551- 570, which pertained agricultural preservation districts and derived from Ord. No. 80, Art. V, ~ 2(5-2-1, 5-2-2, 5-2-3, 5-2-4, 5-2-5,5-2-6), adopted Dec. 15, 1986; Ord. No. 120, ~~ 3 and 4(1), adopted Feb. 12, 1990. Supp. No.1 CD20:105 \0 . Future Development Areas . Existing Retail o 0.5 1 1.5 2 M Scale: 1" = 1.37 miles Map 2 CHANHASSEN FUTURE DEVELOPMENT AREAS r--< Ih -{ Copyright @ 2006 by McComb Group, Ltd. 05/01/06 Development Concept Ratios Retail 60%- Office 30%- Residential 10%