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1b1 Zoning Ordinance AmendmentsCITYOF 690 City Center Drive PO Box I47 Chanhassen, Mi,,esota 55317 Phone 952.937.1900 General Fax 952.937.5739 Engineering Department Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site www. ci. cha,hasse,, m,. tts MEMORANDUM TO: Scott Botcher, City Manager FROM: Planning Department DATE: May 14, 2001 Zoning Ordinance Amendments BACKGROUND These items have appeared before the Planning Commission three times. The first time (August 15th) there were unresolved issues including the wetland setback for accessory structures, definitions of story and buildable area. At the commission meeting on September 5th it was discussed that additional information was needed including some research as to the intent of previous ordinances to understand the context of the proposed amendments. Finally, on September 27, 2000, these items were again tabled and staff was directed to bring the amendments back as separate items for consideration. Additional research was done using terms and definitions from other communities and "A Glossary of Zoning, Development and Planning Terms" by Michael Davidson and Fay Dolnick APA/PAS Report 491/492 1999. Staff is recommending approval of the code amendments. SUMMARY The intent of the addition of definitions for "body shop", "standing seam roof' and "story" is to provide clarity to the use of these terms for the city, property owners and developers. These amendments are a result of ambiguous language that may lead to diverse interpretations or uncertainty. Body shop is an establishment primarily engaged in the repair of auto bOdies, automotive painting and refinishing. Discussion: A body shop is a permitted use in some of the commercial districts and needs a definition. Standing Seam Roof is a deck roof consisting of flat metal joined by vertical or overlapping seams. Discussion: Standing seam metal roof is not defined in the city code. There are several applications of standing seam metal roofs in the city. The use of metal Scott Botcher May 14, 2001 Page 2 siding is acceptable only as accents on buildings and is defined in the code (Sec 20-116 (b)). This definition clarifies the application on standing seam metal on roofs. Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. Or if there is no floor above it, then the space between the floor and the ceiling next above it and including a basement used for the principal use. If the height (H) of the basement is more than 12 feet at any point, or if the height (h) is more than 6 feet for more than 50 percent of the perimeter of the building than it is considered a stow. This definition refers to nonresidential properties only. Discussion: This issue surfaced when the American Legion proposed a building with a walkout basement. Staff made the interpretation that it was one stow, based upon the Uniform Building Code Def'mition. The proposed language should clarify the definition of a story. Other communities were surveyed to determine whether staffs proposed definition of stow is appropriate. Our definition is consistent with others' with the exception of exclusion of residential properties. For residential properties, the supplemental regulations, section 20-907, height regulations, permit the walkout stow on a residential dwelling without impacting the permitted number of stories for a structure. PLANNING COMMISSION UPDATE The Planning Commission held a public heating on April 17, 2001, to review the proposed ordinance amendment. The Planning Commission voted unanimously to recommend approval of the proposed amendment. RECOMMENDATION "Staff recommends the City Council approve the following code amendments: Section 20-1 Definitions, add: Body shop is an establishment primarily engaged in the repair of auto bodies, automotive painting and refinishing. Scott Botcher May 14, 2001 Page 3 Standing Seam Roof is a deck roof consisting of flat metal joined by vertical or overlapping seains. Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. Or if there is no floor above it, then the space between the floor and the ceiling next above it and including a basement used for the principal use. If the height (H) of the basement is more than 12 feet at any point, or if the height (h) is more than 6 feet for more than 50 percent of the perimeter of the building than it is considered a story. This definition refers to nonresidential properties only." TOPO~ FLOOR ~ _ .......... . ATTACHMENTS 1. Amending Ordinance 2. Planning Commission Minutes of 4/17/01 g:~plan\bgXzoa 4- i 7-01 definitions.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE The City Council of the City of Chanhassen ordains: Section 1. Section 20-1, Definitions, hereby amended by adding the following' Body shop is an establishment primarily engaged in the repair of auto bodies, automotive painting and refinishing. Sta/?ding Seam Roof is a deck roof consisting of fiat metal joined by vertical or overlapping seams. Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. Or if there is no floor above it, then the space between the floor and the ceiling next above it and including a basement used for the principal use. If the height (H) of the basement is more than 12 feet at any point, or if the height (h) is more than 6 feet for more than 50 percent of the perimeter of the building than it is considered a story. This definition refers to nonresidential properties only." TOP OF FLOOR Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 2001. of ATTEST: Scott A. Botcher, City Manager Linda C. Jansen, Mayor (Published in the Chanhassen Villager on ) CHANHASSEN PLANNING COMMISSION REGULAR MEETENG APRIL 17, 2001 Chairwoman Sidney called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jay Karlovich, Deb Kind, Craig Claybaugh, Alison Blaekowiak, LuAnn Sidney, Rich Slagle, and Uli Sacchet STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner Acting Chair LuAnn Sidney administered the Oath of Office to Alison Blackowiak as Chairperson for the Chanhassen Planning Commission. CONSIDER AMENDMENT TO THE CITY CODE CHAPTER REGARDING LAKESHORE PLACEMENT OF STRUCTURES. This item was pulled from the agenda and will be considered at the May 15, 2001 Planning Commission meeting. PUBLIC HEARING: CONSIDER AMENDMENTS TO THE CITY CODE CHAPTER 20 INCLUDING DEFINITIONS. Bob Generous presented the staff report on this item. Blackowiak: Okay commissioners, does anybody have any questions for staff?. Deb. Kind: Madam Chair, I have a question for Bob. Under the definition for story we talk about including a basement use for the principal use. I'm not sure if we're opening ourselves up to enforcement nightmares by determiningwhat a principal use is or not. Tell me a little bit about why we think that's important to have in there. Aanenson: The principal use is defined already, such as the living structure. The accessory structure such as a dock, a fence, a storage building, that sort of thing could be, would be the accessory structure. And our ordinance says now you cannot have a, without principal structure you cannot have an accessory structure on site. You have to have the principal structure first. For example a garage cannot go up unless the principal structure's in place. Kind: I'm talking about under the definition of story here. I'm wondering why we care how the basement is being used. If it's exposed, it's exposed and should be counted as a story, and whether it's being used for the principal use or for storage. Aanenson: It's come up on some commercial development where it's actually, I know the Legion was looking at this where they were actually looking at creating a walkout type, even though the topography may not work that way and using it as actually usable, and that's a definition ora story would be when it's usable square footage as far as not storage but tenant space or finished space. Planning Commission Meeting - April 17, 2001 Kind: So staff's okay with totally exposed basement that's used strictly for storage and would not count that as a story? Generous: No, that would still be for the principal use, the commercial use on the building or whatever. For the retail operation is principal use of the building. It's almost redundant in this sense because you wouldn't use it. Kate mentioned there might be instances where you have a crawl space and it's not really usable space and it's not for the principal use and so that instance you wouldn't have. Kind: How about in the case of underground parking, would that be considered a story? Because that's not technically a basement but there could be exposed foundation. Generous: Well how much of it is exposed and that's where the definition comes in to determine that. Kind: And do you think the word basement is clear for underground parking? I'm wondering if foundation might be a better word choice or. Aanenson: Because I believe even if it's underground parking it counts as a story building code wise. Kind: Just food for thought. Blackowiak: Okay, other commissioners questions. Uli. Sacchet: Yeah Madam Chair. Picky one. In the story wording, at the end there, 50% of the perimeter of the building than. Then, not than. Right. Kind: It should be then. Sacchet: Okay, then. It's a typo. Blackowiak: Okay, anything else? No? Okay, I have nothing. No comments at this point and no questions. I'd like to open this item up for a public hearing. This item is open for a public hearing so anybody wishing to speak on this item, please come up to the podium and state your name and address for the record. Seeing no one, I will close this item for public hearing. Commissioners, Uli why don't I start with you. Do you have any comments? Saechet: I'm fine with the definition of those terms. Slagle: As well. Blaekowiak: LuAnn. Sidney:. Ditto. Claybaugh: No questions. Kind: I'd like to change the language of story to clarify. I just think the term basement can be misconstrued and I'd like to see the use of the word foundation instead. Otherwise I think it's swell. Planning Commission Meeting - April 17, 2001 Karlovich: My only comment with that is where are you measuring on the foundation then for your H's or your big H. Aanenson: Yeah, foundation is an architectural and a building code definition too so I guess I'd want some clarity on that. Claybaugh: Yeah, they imply certain structure elements that don't pertain to the square footage. So whether it's lower level, basement, I would think the UBC addresses that specifically in terms of architectural definitions. Kind: Madam Chair, just point of clarification. So are you saying that foundation is a good word choice or not a good word choice? Aanenson: My opinion it probably wouldn't be because it has a different meaning than basement. Basement I think is more generic. Foundation has a narrower interpretation. I think basement would be broader by the building code. Kind: Because we're talking about just exposed foundation. We're not talking about the. Aanenson: Basement has a height to it. Foundation is generally, footings and foundation. Kind: Oh I see what you're saying. Aanenson: When you get a footings and foundation, it's on the ground. It's a different meaning. Sacchet: If I may ask the question Madam Chair. Deb, are you concerned that we want to clarify that it's the part that sticks above ground, right? ~ Kind: Yes. Sacchet: I think what I hear you say, that's your concern. Whether it's foundation or basement, you want to specify that's the piece that sticks out. Kind: Exactly. Sacchet: Maybe we can find a way to make that clear. Kind: And I feel like people who have underground parking, I'm thinking of the apartments, the Lake Susan Apartments. I don't think they would refer to that as the basement, but maybe definition you would. Sacchet: Lower level. Aanenson: So what you're looking for is a definition, kind of in parenthesis, something behind basement clarifying that. Sacchet: Okay. Aanenson: Is that correct? Planning Commission Meeting - April 17, 2001 Sacchet: That's what I hear her saying. Kind: That's my concern. Because I want to make sure that we prohibit really, or count as a story at least, ifa lot is showing of the foundation wall or basement wall. Ifa lot of that is showing, it should count as a story. Sacchet: I would consider that a valid concern. Blackowiak: So how do you think we could improve, could we improve this language then is my question? Kind: I would love to improve this language so we could pass this tonight. I don't want to table it for this. Blackowiak: I agree. Kind: And my idea was to, I'll read off my idea and then we can discuss it and decide it should be the motion or not. Would be to change the second sentence to read, or if there is no floor above it and the space between the floor and the ceiling next above it. Strike the end of that sentence and then start a new sentence, if the exposed height ofH of a foundation is more than 12 feet at any point, or if the foundation height (h) is more than 6 feet for more than 50% of the perimeter of the building, then it is considered a story. This definition refers to non-residential properties only. Sacchet: Madam Chair, I don't like foundation in there but could we say lower level? Kind: Lower level? I like that. 'Sacchet: I like your language except for the word foundation. Foundation to me is the concrete that the building sits on. Blackowiak: Footings. Saechet: It's not a floor or a story. Basement is more close to that but if we would say lower level, is that a better term? It's certainly better than foundation as far as I'm concerned, but is it good enough? Claybaugh: I have a question for staff. Kaflovich: If it has no floor above it then is it the lower level? Aanenson: Right, that's my point. Claybaugh: Is it easier to leave the language intact and just add parenthesis at the end, basement is defined as. Aanenson: Right, that's what I was recommending, or get a legal opinion from the attorney to make sure that's it. If that's the concern, does basement include anything below, or certain amount exposed. Which was our intent. Planning Commission Meeting - April 17, 2001 Blackowiak: Okay. Well Deb, would you feel comfortable if we just moved along with that instruction to get an opinion from the attorney to clarify that before it moves to City Council, or are we feeling a need to. Kind: Yes, I'm comfortable with that. I don't want to see this again. Sacchet: IfI may add a comment. It's really two aspects I think that we need to define. Just defining basement is not enough. I think we need to define basement that is above ground. I mean I think that caveat needs to go in there. Whatever we define as basement. Do you understand what I mean? There are two elements. The basement needs to be defined from a legal side, but then the part that is actually above the ground is what matters. Kind: In this case. Saechet: In this case. Kind: But we could tackle that by leaving the language, if the exposed height (H) of a basement is more than 12 feet at any point. Aanenson: That's the purpose of the drawing, and maybe the drawing needs to be enhanced. Kind: No, I think the drawing is swell. Aanenson: No but I'm saying you could also call that basement or label something else if that enhances what the intent is. Kind: Okay. Blackowiak: please. Okay. Did you want to make a quick comment? Would you come up to the microphone Vernelle Clayton: I'm sorry, I should have spoken but I haven't seen this ordinance but if it's more than 12 feet 'at any point you need to clarify then that that wouldn't, that the portion where the doors are for underground parking would not be considered because you have to have the doors, you may slope down but they'll be exposed and it will be more than 12 feet. So just don't get caught in the trap. Kind: You're right. Saechet: Good point. Blackowiak: So. Kind: And make an exception for garages for underground parking, it just seems so complex. Aanenson: We're making this way. Blackowiak: Yeah I was going to say. I think we just need to move it forward. Planning Commission Meeting - April 17, 2001 Aanenson: The City Attorney did review these so, I understand where you're having a little bit of ambiguity and maybe that can be enhanced by adding the word basement somewhere in the drawing or another word that defines the space that we're trying to talk about. Blackowiak: Alrighty. Well with that, can I get a motion. Sacchet: Yes Madam Chair. I move that we, the Planning Commission recommend approval to the City Council of the following code amendments, as defined with the added that it's, then it is considered in the story definition. And I would ask that staff puts a reference to the drawing. Kind of link the two together a little clear, because the drawing does explain it. The language if we have hooked in the language, that would be fine. That's my motion. Blackowiak: Okay, is there a second? Sidney: Second. Sacchet moved, Sidney seconded that the Planning Commission recommends approval to the City Council the following code amendments, (with clarification by the City Attorney of the term basement): Section 20-1 Definitions, add: :Body shop is an establishment primarily engaged in the repair of auto bodies, automotive painting and refinishing. Standing Seam Roof is a deck roof consisting of flat metal joined by vertical or overlapping seams. Story means that portion of a building included between the surface of any floor and the surface of the floor next above it. Or if there is no floor above it, then the space between the floor and the ceiling next above it and including a basement used for the principal use. If the height (H) of the basement is more than 12 feet at any point, of if the height (h) is more than 6 feet for more than 50 percent of the perimeter of the building then it is considered a story. This definition refers to nonresidential properties only. All voted in favor and the motion carried unanimously 7 to 0. Blackowiak: This will go to City Council with our comments on the definition. PUBLIC HEARING: CONSIDER AMENDMENT TO THE CITY CODE CHAPTER 20, WETLAND BUFFER _ STRIPS. Bob Generous presented the staff report on this item. Blackowiak: Okay commissioners, any questions? Uli. Sacchet: Yeah Madam Chair, real quick question. So the purpose is that we control the amount of impervious surface. I mean that's how it says in your language. Now, we run into that before is a deck impervious surface or not so basically we won't get into that swamp anymore? Deck is part of it and that's that?