7. City Code Amendment Section 20-732 CBD to allow Schools as s permitted use1 MEMORANDUM
0
1
J
1
CITY OF �
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Kate Aanenson, Planning Director I!A'
DATE: June 28, 1994
Aftft by CRY AdMM
✓vwI
ModMe
lbled#
Date Submitted to CommW"
Deli Submitted to G01
SUBJ: Amending CBD, Central Business District to Allow Schools as a Permitted Use
BACKGROUND
The CBD district has the largest variety of
(see attached). Within this district are two
and convention and conference facilities. (
driver's training school and a music and da
reviewed a request from the Chaska Schad:
in the vacated Kenny's Building. Mr Krai
approval of the request based on this., �rterF
of cultural facilities or the convent and conference
off on the building permit application for this use, a i
that a" school would fall into the definition
aci6es. When staff was asked to sign
rrowor interpretation was given and it
was felt that the school did riot fall into either one of these definitions . It was reviewed with
4 f,
Roger Knutson, the city attomey. He confirmed that 'neither taf the definitions were suitable
in defining the school:use;and re amoded. we amen l =tie CBD district to allow for
schools within thediatrret. , ' - _ ,
ANALYSIS
The CBD district has 31 different permitted uses 17 a proposed school building's use was
most recently a specialty retail or supermarkefzsf Kenny's Market). The school district is
looking for a temporary location for 4 classro4W St. Hubert's School is looking for a
temporary location for at least 2 classrooms. Both schools have moved forward with requests
to locate in the building. They have signed a lease with the building owner. Staff feels
comfortable with the school use at this location and believes that it is consistent with other
uses within the district. Staff supports the school as a permitted use. There will be no
exterior remodeling done to the building. A site plan review would not be required because
w,rrutted.,uses than any other district in the city
ises which relate to schools: cultural facilities
irrently, uses within the CBD district include a
ice school 'he previous Planning Director had
District #1 ll. and St. Hubert's to locate a school
►s, the previous director, had recommended
j Planning Commission
June 28, 1994
' Page 2
there will only be interior remodeling as noted under section 20- 108(3). After three years
when the lease expires, St. Hubert's has the option to purchase the building or they may
vacate and no longer use the building. At that time, the building may be used as one of the
other permitted uses within the district.
Staff is recommending approval of the amendment to the CBD District to allow for schools as
a permitted use within the district.
PLANNING COMMISSION UPDATE - JULY 6, 1994
On Wednesday, July 6, the Planning Commission reviewed the proposed amendment. An
area of concern was the loading and unloading of the students. The students will unload at
St. Hubert's and walk (with crosswalk guards) to the site. The Planning Commission
unanimously recommended approval of the amendment.
RECOMMENDATION
Staff recommends the City Council approve first reading of the ordinance amending the CBD
District as shown in Attachment #2.
ATTACHMENTS
1. CBD District uses.
2. City Code Amendment.
3. Planning Commission minutes dated July 6, 1994.
17
L
ZONING
Sec. 20.716. Interim uses.
The following are interim uses in the "BH" District:
(1) Churches.
(2) Temporary outdoor display of merchandise for sale.
(3) Farmers markets.
(Ord. No. 120, § 3, 2- 12.90)
Secs. 20- 717 - 20.730. Reserved.
----� ARTICLE XVIII. "CBD" CENTRAL BUSINESS DISTRICT
Sec. 20.731. Intent.
The intent of the "CBD" District is to provide for downtown business development
supporting a strong central business district while enhancing the overall character of the
community in conformance with downtown redevelopment plan, goals and objectives.
(Ord. No. 80, Art. V, § 12(5-12-1),12-15-86)
Sec. 20 -732. Permitted uses.
The following uses are permitted in a "CBD" District:
(1) Bowling center.
(2) Retail shops.
(3) Offices.
(4) Standard restaurants.
(5) Liquor stores.
(6) Entertainment.
(7) Convention and conference facilities.
(8) Financial institutions.
(9) Health care facilities.
(10) Hotels.
(11) Specialty retail (including but not limited to jewelry, book, stationery, bible, camera,
pets, arts and crafts, sporting goods).
(12) Supermarkets.
(13) State - licensed day care center as part of shopping center.
(14) Personal service establishments.
Supp. No. 3
1224.1
§ 20-732
CHANHASSEN CITY CODE
(151 Shopping center.
(161 Health and recreation clubs.
(17 1 Fast food restaurants as part of shopping center.
(M Utility service.
(19j Personal services.
(201 Apparel sales.
(21) Bars and taverns.
(221 Clubs and lodges.
(23 Convenience stores without gas pumps.
(24 Cultural facilities.
(25 Department stores.
(26 Home furnishings.
(27, Newspaper offices.
(2S i Multiple family dwellings, including senior citizen housing.
(29 Print shops.
Supp. No. 3
1224.2
I'l
ZONING § 20.736 1
(30+ Community center. '
(31 Hardware goods.
(Ord. Igo. 80, Art. V, § 12(5-12-2),12-15-86) .
Sec. 20 -733. Permitted accessory uses. '
The following are permitted accessory uses in a "CBD" District. '
1. Parking lots and ramps.
(2. Signs..
No. a0. Art. \'. F 12(5.12 -3), 12.15 -86) '
Sec. 20.734. Conditional uses.
The following are conditional uses in a "CBD" District: '
(1) Reserved.
(2+ Freestanding fast food restaurants. '
(31 Reserved.
(4 ) Convenience store with gas pumps. ,
(Ord. No. 80. Art. V, § 12(5. 124), 12- 15 -86; Ord. No. 120, § 4(9), 2- 12 -90)
State lave reference — Conditional uses,ll.S. § 462.3595. '
Sec. 20.735. Lot requirements and setbacks.
The followin- minimum requirements shall be observed in a "CBD" District subject to '
additional requirements, exceptions and modifications set forth in this chapter:
1 - The minimum lot area is ten thousand (10,000) square feet. '
+2 The minimum lot frontage is one hundred (100) feet, except lots fronting on a
cul -de -sac shall have a minimum frontage of sixty (60) feet in all districts.
(3 The minimum lot depth is one hundred (100) feet. '
(4) There is no maximum lot coverage. '
(5) There are no minimum setback requirements for front, rear or side yard.
(61 There are no maximum height requirements for principal or accessory structures. '
(Ord. No. 80, Art. V, 112(5-12-5), 12- 15 -86)
Sec. 20 -736. Interim uses. '
The following are interim uses in the "CBD" District:
(1) Churches. '
Supp. No. 2 '
1225
§ 20.7 36
CHANHASSEN CITY CODE
(2) Temporary outdoor display of merchandise for sale.
(3) Farmers markets.
(Ord. No. 120, § 3, 2.12.90)
Secs. 20-737—')-750. Reserved.
ARTICLE XIX. "BG" GENERAL BUSINESS DISTRICT
Sec. 20.751. Intent.
The intent of the "BG" District is to provide for downtown fringe commercial develop•
men: identified as the least restricted business district.
(Ord. No. S0, Art. V, & 13(5 -13 1), 12- 15 -86)
Sec. 20 -752. Permitted uses.
The follo uses are permitted in a "BG" District:
Bou center.
DaN care center.
(31 Convenience stores without gas pumps.
14 Standard restaurants.
5 Entertainment.
Apparel sales.
Personal services.
Health and recreation clubs.
Specialty retail (including but not limited to jewelry, book, stationery, bible, camera,
pets, arts and crafts, sporting goods).
(10) Small appliance and similar repair shops.
(11) Funeral homes.
(12) Financial institutions, including drive -in service.
(13) Newspaper and small printing offices.
(14) Private clubs and lodges.
(15) Miniature golf.
(16) Veterinary clinic.
(17) Animal hospital.
Supp. No. 2
1226
VA T. IN
:i I � ; M- :
op.
w eirs
%4
-A
Air
re
RU
R s 0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE
ARTICLE XVIII, CBD, CENTRAL BUSINESS DISTRICT
Section 1. Section 20 -732, Permitted Uses in the CBD District is hereby amended by
adding the following:
(30) schools.
Section 2. This ordinance shall be effective immediately upon its passage and publication.
Passed and adopted by the Chanhassen City Council this day of ,
1994.
ATTEST:
Don Ashworth, City Manager
Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on
CHANHAS5EN PLANNING COMMISSION
REGULAR MEETING '
JULY 6, 1994
Vice Chairman Mancino called the meeting to order at 8:35 p.m. '
MEMBERS PRESENT: Diane Harberts, Ladd Conrad, Matt Ledvina, Nancy Mancino and
Jeff Farmakes '
MEMBERS ABSENT: Joe Scott and Ron Nutting
STAFF PRESENT: Kate Aanenson, Planning Director; Bob Generous, Planner II; Dave t
Hempel, Asst. City Engineer; and Diane Desotelle, Water Resources Coordinator
1
PUBLIC HEARING:
ZONING ORDINANCE AMENDMENT TO AMEND THE CBD, CENTRAL '
BUSINESS DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE.
Kate Aanenson presented the staff report on this item. I
Mancino: Any questions for staff?
Harberts: I have one. Just with regard to the actual building. Is the parking lot, does that
have any agreement used by other businesses in the area?
Aanenson: No. Now it's a permitted use so we didn't get into the specifics as far as, there '
won't be any external remodeling. We didn't want to get into this. There won't be any site
plan review of this. It's strictly some internal remodeling. Now certainly as far as that goes, '
it will have to meet ADA requirements required by building code and those same sort of
issues as far as access. '
Harberts: What about from a public safety issue? I mean with kids, my understanding is St.
Hubert's is what K thru 6? K thru 8? '
Aanenson: K thru 8.
Harberts: Yeah. Is there any concern from a public safety perspective? '
Aanenson: The school district and St. Hubert's has looked at this as far as, and they have '
addressed how they're going to be serving lunch and how they're going to get access. And
all that is worked out between the school district and St. Hubert's and the facility location.
Again, we looked at this as a permitted use... There are building code issues, agreed. There '
is some other issues as far as bus loading and whatever. They have addressed those and we
i
i
feel that those probably have been adequately met as far as safety... There might be some
issues as far as the designs but we'd like to take a look at the safety issues as far as what we
have there.
Harberts: Does the city have any exposure if something would happen? Say for instance
from a public safety issue.
Aanenson: I don't believe so.
Harberts: Okay.
Mancino: You're talking about kids walking back and forth to the playground or?
Harberts: Well it's not just that. I mean there's commercial businesses operating there and
there's traffic that comes in and out during similar school hours so.
Farmakes: This actually, school is a temporary use isn't it? If not the.
Harberts: 3 years it says.
Aanenson: It says ... 3 years.
Aanenson: Total number of children? No.
Harberts: Do you know how many kids they're planning for in that facility? To service.
Mancino: This is a public hearing. Can I have a motion to open it up to a public hearing
please?
Ledvina moved, Harberts seconded to open the public hearing. All voted in favor and
the motion carried. The public hearing was open.
Mancino: Anyone who would like to speak on this subject. On the zoning ordinance to
amend the CBD, Central Business District to allow schools as a permitted use, please do so at
this time. Would anyone like to close the public hearing?
Conrad moved, Ledvina seconded to close the public hearing. All voted in favor and the
motion carried. The public hearing was closed.
Mancino: Discussion. Jeff, do you want to start?
Farmakes: I have no real comments on this. It's self evident and I don't have a problem.
Mancino: Okay, Matt.
2
Planning Commission Meeting - July 6, 1994
Ledvina: No comments. I support the staff recommendations.
Conrad: Nothing.
Mancino: Any?
Harberts: I'm fine.
Mancino: Okay. So am I, so do I have a motion?
Harberts: I'll move that the Planning Commission recommends to the City Council that we
amend the CBD district as shown on the Attachment.
Mancino: Do I have a second?
Ledvina: Second.
Mancino: Any discussion?
Harberts moved, Ledvina seconded that the Planning Commission recommend approval
of the amendment to the CBD, Central Business District to allow schools as a permitted
use as shown in the attachment. All voted in favor and the motion carried unanimously.
Mancino: And this goes to the City Council when?
Aanenson: Actually it goes on Monday... decision for the school year so they were going
forward on the interpretation ... we just wanted to expedite this based on the fact that they...
Mancino: Okay, and next Monday is what, July?
Aanenson: 11th.
Mancino: Okay, thank you.
3