Ordinance 488CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.488
AN ORDINANCE AMENDING CHAPTER 20
ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20-502(a) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to add subsection (3) which shall read as follows:
(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) 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.
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. Vehicle 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.
(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
setback/building 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: 0.
(5) Parking: Setbacks (feet):
Front: 10
Side: 10
Rear: 10
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
(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.
(h) 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.
(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 PUD, 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 PUD. A detailed tree survey
should be prepared during the design of the PUD and the plans should be developed to
maximize tree preservation.
(1) 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.
(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 23`d day of November, 2009, by the City Council of the
City of Chanhassen, Minnesota
J;7ZL
� IK_4A4
odd Gerhardt, City Manager Thomas A. Furlong, Mayor
Published in the Chanhassen Villager on December 3, 2009
4
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 488
N ORDINANCE AMENDING
CHAPTER 20
ZONING
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE
.'Y OF CHANHASSEN,
11NESOTA OkDAINS:
Section 1. Section 20-502(a) of
City Code, City of Chanhassen,
inesota, is hereby amended to
I subsection (3) which shall read
ollows:
Affidavit of Publication
(3) Residential development
a regional/lifestyle center
Southwest Newspapers
�mercial PUD may only occur in
junction with a commercial or
ce development and may not
ompass more than 20 percent of
State of Minnesota)
proposed development. The
idential component of a
)SS.
elopment may be constructed
.current or after construction of
County of Carver )
commercial or office component,
: may not proceed such
imercial or office development.
phasing of the residential
iponent shall be reviewed and
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
arovedaspart ofthedevelopment
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
n•
lager and has full knowledge of the facts herein stated as follows:
Section 2. Section 20.503 of the
y Code, City of Chanhassen,
inesota, is hereby amended to
(A) These newspapers have complied with the requirements constituting qualification as a legal
d as follows:
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
District size and location,
amended.
(a) Each PUD shall have a
iimum area of five acres except
(B) The printed public notice that is attached to this Affidavit and identified as No. ('
regional/lifestyle center
was published on the date or dates and in the newspaper stated in the attached Notice and said
unercial PUD which must be a
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
iimum of 30 acres, unless the
can demonstrate the
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
3tencet
stence of one of the following:
inclusive, and is hereby acknowledged as being the kind and size of e used in the composition
y g g type p
(1) Unusual physical
and publication of the Notice:
tures of the property itself or of
surroundingneighborhood such
abcdefghijklmnopgrstuvwxyz
t development as a PUD will
.serve a physical or topographic
of importance to the
j�� ,A/�
4y:lr�zUCCiture
ghborhood or community.
(2) The property is directly
Laurie A. Hartmann
acent to or across a right-of-way
m property which has been
eloped previously as a PUD or
nned unit residential
Subscribed and sworn before me on
elopment and will be perceived
and will function as an extension
that previously approved
r
•elopment.
this day of 2009
(3) The property is located in
transitional area between
Brent land use categories or on a�
lector, minor or principal
~ 'LL ~
�l
erial as defined in the
prehensive plan.
t
�g /tom
JYMME J. BARK
NOTARY PUBLIC - MINNESOTA
Section 3. The City Code, City
N ` Public +
My Commission Expires 01/31/2013
Chanhassen, Minnesota, is
eby amendedby adding a section
(
*�
ae numbered 20-509, which shall
d as follows:
Standards and guidelines for
Tonal/lifestyle center
nt planned unit
RATE INFORMATION
�elopments.
-elope
(a) Intent. The use ofplanned
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
t developments for regional/
!style center commercial
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
-poses should result in a
Rate actually charged for the above matter ............................................... $12.43 per column inch
sonable and verifiable exchange
ween the city and the developer.
s district is intended to provide
the development of regional and
►munity scale integrated retail,
ce, business services, personal
vices and services to the
veling public near freeway
erchanges. It shall strive to
ate a self-sustaining pattern of
d uses with cultural,
ployment, entertainment,
xsing, shopping and social
iponents.
The regional/lifestyle center
commercial district is a mixed
commercial district with retail and
entertainment uses of a scale and
function that serves a regionai
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. Vehicle 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.
(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 setback/building
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
willbeenhanced. Buildingsetbacks
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: 0.
(5) Parking: Setbacks
(feet):
Front: 10
Side: 10
Rear: 10
Parking Setback Exemptions:
There is no minimum parking
setback when it abuts, withoutbeing
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 Codefor type and location.
(f) Maximum Building
Height:
Commercial - retail, 2 stories
Commercial -services, 3 stories
Office - 5 stories
Residential - 5 stories
(9) 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.
(h) 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 shallbe provided
to screen the site from major
roadways, railroads and less
intensive land uses. In place ofmass
gradingforbuildingpads and roads,
stone ordecorative 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.
(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 PUD, 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 PUD. A detailed tree survey
should be prepared during the
design of the PUD and the plans
should be developed to maximize
tree preservation.
(i) 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.
(2) S t r e e t s c a p e
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
23'd day of November, 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 Thursday, December 3,
2009; No. 4291)