11. City council's Request for Information Concerning Auto Related Uses and a Possible Overlay District Ordinance 0
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1 1 6 90 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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MEMORANDUM
1 Rejected
De - /o- 9:3
TO: Don Ashworth, City Manager Date Submitted to Dommintolt
1 FROM: Paul Krauss, Planning Director( Dote Submitted to ---
3 -a )
I DATE: March 9, 1993
SUBJ: City Council's Request for Information Concerning Auto Related Uses
1 And a Possible Overlay District Ordinance
BACKGROUND
1 At the last City Council meeting in February, a number of items concerning the Highway 5
Corridor were discussed. As you recall, these discussions were tripped off by the requests
I associated with the construction of an Abra Auto Body shop on Lake Drive. The requests were
not extensively reviewed and the item was referred to the March 3 work session. Along with the
Abra request, the Council wanted to discuss the Highway 5 Corridor Program and wished to
1 again review the potential of imposing a moratorium on development in the corridor.
No minutes were taken at the work session, so this memo is based on my recollections of the
I meeting. The various options for imposing a moratorium were discussed, including using the
ordinance developed by staff and the City Attorney. Staff reiterated our original advice that a
moratorium could be imposed and would likely be upheld. We noted that the number of sites
1 where a moratorium was needed to stop development, prior to the completion of the Highway
5 Study, was limited due to utility extension problems or our ability to exercise financial
influence through the use of TIF. However, we have become concerned that the on- again/off-
1 again nature of this discussion jeopardizes our ability to have a moratorium upheld. We also
noted that comments that implied that a moratorium would be imposed if a given development
proposal did not comply with some unspecified standards, or that it would be used to leverage
I improved standards, run counter to the effective administration of a moratorium. A judge would
likely find these actions to be arbitrary. The possibility of imposing a use specific moratorium
I was also discussed. As I understand, it would stop any development of auto - related uses
including services and fast food establishments. It did not appear to apply to other auto related
uses which could conceivably include banks, motels or convenience food stores. Neither
I moratorium approach received substantial support.
1 til4P PRINTED ON RECYCLED PAPER
1
1 Don Ashworth
March 9, 1993
1 Page 2
The Council then requested that staff bring forward information on two related topics. The first
1 was a review of the City Code, vis -a -vis auto related uses, and the possibility of eliminating them
or further regulating them. The other concept was to resurrect the proposal of imposing a
Highway 5 PUD Overlay District that had been suggested by the Planning Director last year.
1 This report is intended to respond to both issues.
AUTO RELATED USES
I Each of our commercial districts allows some type of auto related uses, although they vary as
to type and whether they are listed as permitted or conditional uses. You should also be aware
I that development standards vary between districts so that the intensity of uses that are allowed
change somewhat between the districts. Auto - related uses can also be allowed in PUD Districts,
I although the City Council has a great deal of discretion in this area. For example, a small
amount of support services may be permitted in the Opus /Gateway proposal. Similarly, two fast
food restaurants are allowed on the five outlots in the Target PUD.
1 It is possible to eliminate or modify areas in which auto related uses are permitted by tinkering
with the ordinance. For example, we have been focusing on the BH District due to the Abra and
I Goodyear requests. We note that fast food restaurants are a permitted use in this district along
with car washes. Auto service centers, gas stations and emission control testing stations are listed
as conditional uses.
1 You could elect to eliminate any reference to auto related uses in the Highway Business District.
This may or may not respond to your concerns. It is unlikely to stop the Abra request, but you
I should seek the City Attorney's counsel in this matter. It could prevent these uses from
occurring on the last building site, but staff is not sure if this will respond to your needs or the
residents' concerns. For example, a liquor store or retail could go on this site and either is likely
1 to raise similar concerns over use.
Eliminating auto related uses from the code also would have several negative impacts. For
1 example, closing the BH District to these uses would not only prevent new uses from occurring,
it would make existing uses non - conforming. Thus, if Gary Brown's service station were
destroyed by fire or natural event, it could not be rebuilt. Conceivably, this status could have
1 a real and negative value on all such existing uses.
The second impact is more of a question. While you could eliminate these uses from the entire
l City, is this really the goal? I fully agree that these uses are often obnoxious and have a real
potential for off -site impacts. However, these issues can be dealt with by employing specific
I development standards and /or modifying land uses and the zoning map. The fact is the number
of available sites remaining is relatively limited. I am attaching a copy of the zoning map for
your review. I also have to ask if it is appropriate to totally eliminate these uses from our
1 community. Many represent viable businesses and provide services that are a part of our lives.
1
Don Ashworth 1
March 9, 1993
Page 3
1
We should not become a dumping ground for them, but isn't it reasonable that we allow enough
to support the needs of our residents? Even Minnetonka, which is often thought to be one of the
most exclusive communities in the region, allows auto related uses. Thus, I am not sure if this
is a course of action you should consider.
Other strategies you may wish to consider include revising the land use plan and zoning map as
g Y Y
described above. Of course we are already committed to developing a Highway 5 overlay district
that will impose more stringent standards. But unless it is coupled with changes to the land use
plan and zoning map, it will not eliminate auto related uses.
Staff needs the City Council's guidance on this matter before proceeding further.
CORRIDOR OVERLAY DISTRICT
Last year, I believed the city was on the verge of undertaking the Highway 5 planning program
in earnest. However, I was concerned that it would take a substantial period of time to complete
the project, and it did not take a rocket scientist to see a lot of development activity on the
horizon. Ultimately, the Highway 5 project was not authorized for several months and it took
even longer for the project to really get underway. My concern was that we seemed to need
something to get "our feet in the door" and give the city some additional tools to work with. The
proposed overlay would have rezoned the entire corridor to PUD. Since we did not have any real
standards to describe (and we still don't, although they are in the process of being drafted), the
ordinance has a large intent statement. The intent statement would allow the City to insist that
development proposals be consistent with the Highway 5 program, something that existing codes
do not require. A copy of the ordinance is attached. If this was to be reconsidered today, we
could expand the intent section by using the goals and policies that have been developed by the
Highway 5 Task Force (copy attached).
This approach offers a useful tool, but it is not the total answer. Rezoning to PUD without
standards is likely to raise concerns by the property owners. However, at that time it was viewed
as a more palatable alternative to a moratorium. It also does little for the land use issue that has
been raised by Councilman Senn. The City Attorney also raised some concerns with the
approach, as outlined in his attached memo.
SUMMARY
In summary, while it is clear that there is a significant concern over this issue, it is not clear how
1
you define the problem or which solution meets your needs. As I have often stated, the Highway
5 Program should ultimately meet your needs. It will not be ready until next fall and it is
unlikely the process can be accelerated without compromising the program's effectiveness and
our public information policies. While there are relatively few sites where development is
imminent, I cannot tell you that you will not see a proposal you don't care for in the interim. 1
Staff is seeking your guidance.
03.'11.'93 10:07 '612 452 5550 CAMPBELL KNUTSON [x}002
I CAMPBELL, KNUTSON, SCOTT & FUCHS, PA.
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1 Mr. Paul Krauss
Chanhassen City Hall
690 Coulter Drive, Box 147
1 Chanhassen, Minnesota 55317
RE: Highway 5 Corridor Overlay District
1 Dear Paul
I You asked me to comment on the draft Highway 5 Corridor Overlay
District ordinance:
1. Overview. May central concern is the extensive use of
I adjectives, rather than nouns. The more specific the ordinance, the
more enforceable it will be. If a proposal is rejected, we must be
able to cite the specific ordinance provision that is not satisfied.
I The case study, "Building Community Across the Corridor ", is a good
vision, but it must be reduced to standards to be enforceable.
2. Overlay District. 1 suggest that, consistent with the
I overlay concept, there be an underlying zoning district with allowed
uses. This gives us some protection from taking claims based upon the
theory that the overlay district is so subjective in its approval
I process that there are no uses allows as of right. This also
eliminates the problem of making most or all existing use non-
conforming.
1 3. PUD. The notion of having to rezone property that is in the
ove district to use it consistent with the requirements of the
overlay zoning district is troublesome. Once it is rezoned PUD, would
I it be out of the overlay zoning district? The better approach may be
to require a conditional use permit
1 Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
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1
§ 20 -683 CHANHASSEN CITY CODE
(5) Temporary real estate office and model home.
(6) Churches.
(Ord. No. 123, § 1, 3 - 12 - 90)
Sec. 20 -684. Lot requirements and setbacks. '
The following minimum requirements shall be observed in an R -16 District subject to
additional requirements, exceptions and modifications set forth in this chapter: 1
(1) The minimum lot area is as follows:
a. Two thousand seven hundred (2,700) square feet per dwelling unit. 1
(2) The maximum lot coverage is fifty (50) percent.
(3) The building setbacks are as follows: 1
a. For front yards, fifty (50) feet.
b. For rear yards, fifty (50) feet.
c. For side yards, fifty (50) feet.
(4) Parking setbacks shall be twenty -five (25) feet from all property lines.
(5) The maximum height is as follows:
a. For the principal structure, three (3) stories /forty (40) feet.
b. For accessory structures, one (1) story /fifteen (15) feet.
1
(Ord. No. 123, § 1, 3- 12 -90)
Secs. 20- 685 -20 -690. Reserved.
1
ARTICLE XVI. "BN" NEIGHBORHOOD BUSINESS DISTRICT ,
Sec. 20 -691. Intent.
The intent of the "BN" District is to provide for limited low intensity neighborhood retail
and service establishments to meet daily needs of residents.
(Ord. No. 80, Art. V, § 10(5- 10 -1), 12- 15 -86)
1
Sec. 20-692. Permitted uses.
The following uses are permitted in a "BN" District: 1
(1) Convenience stores without gas pumps.
(2) Neighborhood oriented retail shops. 1
(3) Self- service laundries.
(4) Dry cleaning and laundry pick -up stations. 1
(5) Day care center.
Supp. No. 2 1
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r ZONING § 20 -695
' (6) Personal service establishments.
(7) Professional offices.
(8) Small appliance and shoe repair shops.
(9) Health services.
' (10) Veterinary clinics.
(11) Utility services.
(12) Shopping center.
(13) Private clubs and lodges.
' (14) Community center.
(Ord. No. 80, Art. V, § 10(5- 10 -2), 12- 15 -86)
' Sec. 20 -693. Permitted accessory uses.
The following are permitted accessory uses in a "BN" District:
' (1) Parking lots.
(2) Car wash (when accessory to automotive service station).
' (3) Signs.
(Ord. No. 80, Art V, § 10(5- 10 -3), 12-15-86)
Sec. 20 -694. Conditional uses.
The following are conditional uses in a "BN" District:
(1) Convenience store with gas pumps.
' (2) Reserved.
* (3) Drive -in banks including automated kiosks.
(4) Reserved.
(5) Standard restaurants.
' (6) Bed and breakfast establishments.
(Ord. No. 80, Art. V, § 10(5- 10 -4), 12- 15 -86; Ord. No. 116, § 5, 1- 22 -90; Ord. No. 120, § 4(7),
2- 12 -90)
State law reference — Conditional uses, M.S. § 462.3595.
Sec. 20 -695. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BN" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum district area is three (3) acres. This paragraph may be waived in the
case of expansion to an existing district.
(2) The minimum lot area is fifteen thousand (15,000) square feet.
Supp. No. 3
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§ 20 -695 CHANHASSEN CITY CODE 1
(3) The minimum lot frontage is seventy -five (75) feet, except that lots fronting on a
I
cul -de -sac shall have a minimum frontage of sixty (60) feet in all districts.
(4) The minimum lot depth is one hundred fifty (150) feet.
(5) The maximum lot coverage including all structures and paved surfaces is sixty -five 1
(65) percent.
(6) Off - street parking shall comply with district setback requirements except:
1
a. There is no minimum setback when it abuts a railroad right -of -way, except as
provided in sections 20 -1191 and 20 -1192 pertaining to landscaping requirements. I
b. There is no minimum setback when it abuts, without being separated by a street,
another off - street parking area.
c. The minimum setback is fifty (50) feet when it abuts a residential district
I
without being separated from the residential district by a street or railroad
right -of -way.
d. The minimum setback is twenty -five (25) feet for side street side yards. ,
e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten
(10) feet if the applicant can demonstrate to the satisfaction of the city that
one - hundred - percent screening is provided at least five (5) feet above the adjacent
I
parking lot. The intent of this section is that the city is willing to trade a reduced
setback for additional landscaping that is both an effective screen and of high
quality aesthetically. Acceptable screening is to be comprised of berming and
1
landscaping. Screening through the use of fencing is not permitted.
(7) The maximum height is as follows:
I
a. For the principal structure, one (1) story.
b. For accessory structures, one (1) story.
(8) Minimum setback requirements: I
a. For front yards, thirty -five (35) feet.
b. For rear yards, thirty (30) feet.
I
c. For side yards, fifteen (15) feet.
d. The minimum setback is fifty (50) feet when it abuts a residential district I
without being separated from the residential district by a street or railroad
right -of -way.
e. Buffer yards: The city comprehensive plan establishes a requirement for buffer I
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 fifty -foot
buffer yard is to be provided where the interface occurs along a public street, a
one - hundred -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
1
calculated with the required setbacks outlined above. The full obligation to pro -
Supp. No. 3 1
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111 ZONING § 20 -712
I vide the buffer yard shall be placed on the parcel containing the higher intensity
use.
I 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
I 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
I obligation of the property owner.
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 sat-
isfactory to the city, or where quality site planning is achieved, the city may
I reduce buffer yard requirements by up to fifty (50) percent. The applicant shall
have the full burden of demonstrating compliance with the standards herein.
(Ord. No. 80, Art. V, § 10(5- 10 -5), 12- 15 -86; Ord. No. 94, §§ 1, 2, 7- 25 -88; Ord. No. 136, §§ 1A,
1 1B, 1- 28 -91)
Sec. 20 -696. Interim uses.
1 The following are interim uses in the "BN" District:
(1) Churches.
1 (2) Temporary outdoor display of merchandise for sale.
(Ord. No. 120, § 3, 2- 12 -90)
1 Secs. 20- 697 -20 -710. Reserved.
I ARTICLE XVII. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT
Sec. 20-711. Intent.
1 The intent of the "BH" District is to provide for highway oriented commercial develop-
ment restricted to a low building profile.
I (Ord No. 80, Art. V, § 11(5- 11 -1), 12- 15 -86)
Sec. 20.712. Permitted uses.
1 The following uses are permitted in a "BH" District:
(1) Financial institutions.
1 j (2) Fast food restaurant.
(3) Reserved.
I (4) Standard restaurants.
Supp. No. 3
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§ 20 -712 CHANHASSEN CITY CODE 1
(5) Motels and hotels. 1
(6) Offices.
(7) Retail shops. 1
(8) Miniature golf.
(9) State - licensed day care center.
Afar (10) Car wash.
(11) Convenience stores without gas pumps. 1
(12) Personal service establishment.
(13) Liquor stores. 1
(14) Health services.
(15) Utility services.
(16) Shopping center.
(17) Private clubs and lodges.
(18) Community center.
(19) Funeral homes.
D e 1. 41, (20) Automobile servicing within enclosed structures designed for the purpose where fuel 111
is not dispensed.
(21) Financial institutions with drive- through services. 1
(Ord. No. 80, Art. V, § 11(5- 11 -2), 12- 15 -86; Ord. No. 116, § 6, 1- 22 -90; Ord. No. 122, § 1, 2- 26 -90)
Editor's note— Section 1 of Ord. No. 122, adopted Feb. 26, 1990, added subsection (20) to
§ 20 -712. Inasmuch as there existed a subsection (20), the editor has included the new provi-
sions as § 20- 712(21).
Sec. 20 -713. Permitted accessory uses.
The following are permitted accessory uses in a "BH" District:
(1) Signs. 1
(2) Parking lots.
(Ord. No. 80, Art. V, § 11(5- 11 -3), 12- 15 -86) 1
Sec. 20 -714. Conditional uses.
The following are conditional uses in a "BH" District: ,
(1) Reserved.
(2) Supermarkets.
1
*.(3) Small vehicle sales.
Supp. No. 3 1
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1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
1 ORDINANCE NO. 173
1 AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE CONCERNING
ALLOWED USES IN THE BH DISTRICT
1 THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20 -712 of the Chanhassen City Code is amended by deleting
subparagraph (20).
' Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 27th day of July, 1992.
ATTEST:
/(2., ag- 2//-)-z-a
Don Ashworth, Clerk/Manager Donald J. Chnii, Mayor
(Published in the Chanhassen Villager on September 3, 1992)
r
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1
1
1
1
1
ZONING § 20 -715
1
(4) Screened outdoor storage.
(5) Auto service centers. 1
(6) Garden centers.
(7) Convenience stores with gas pumps.
1
(8) Motor fuel stations.
4* (9) Emission control testing stations.
(Ord. No. 80, Art. V, § 11(5- 11 -4), 12- 15 -86; Ord. No. 80 -G, § 1, 1-11-88; Ord. No. 91, § 1, 6- 27 -88;
Ord. No. 116, § 6, 1- 22 -90; Ord. No. 120, § 4(8), 2- 12 -90; Ord. No. 137, § 2, 2- 11 -91)
Editor's note — Section 1 of Ord. No. 91, adopted June 27, 1988, amended § 20 -714 by
adding a subsection (5) thereto. Inasmuch as there existed a subsection (5), added by Ord. No.
80 -G, the editor has renumbered the new provisions as § 20-714(6).
Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990,
were renumbered as (7) and (8).
State law reference — Conditional uses, M.S. § 462.3595.
Sec. 20 -715. Lot requirements and setbacks.
1
-The following minimum requirements shall be observed in a "BH" District subject to
1
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum district area is ten (10) acres. This paragraph may be waived by a
condition use permit in the case of expansion of an existing district.
(2) The minimum lot area is twenty thousand (20,000) square feet.
(3) The minimum lot frontage is one hundred (I00) feet, except that lots fronting on a
cul -de -sac shall have a minimum frontage in all districts of sixty (60) feet.
(4) The minimum lot depth is one hundred fifty (150) feet.
1
(5) The maximum lot coverage is sixty -five (65) percent.
(6) Off - street parking shall comply with district setback requirements except:
1
a. There is no minimum setback when it abuts a railroad right -of -way, except as
provided in sections 20 -1191 and 20 -1192 pertaining to landscaping requirements.
b. There is no minimum setback when it abuts, without being separated by a street,
another off- street parking area.
c. The minimum setback is fifty (50) feet when it abuts a residential district
without being separated from the residential district by a street or railroad
right -of -way.
d. The minimum setback is twenty -five (25) feet for side street side yards. 1
e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten
(10) feet if the applicant can demonstrate to the satisfaction of the city that
one - hundred - percent screening is provided at least five (5) feet above the adjacent
parking lot. The intent of this section is that the city is willing to trade a reduced
Supp. No. 3
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ZONING § 20 -732
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.
i (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
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§ 20 -732 CHANHASSEN CITY CODE 1
(15) Shopping center. 1
(16) Health and recreation clubs.
(17) Fast food restaurants as part of shopping center.
(18) Utility service.
(19) Personal services.
(20) Apparel sales.
(21) Bars and taverns.
(22) Clubs and lodges.
(23) Convenience stores without gas pumps.
(24) Cultural facilities. 1
(25) Department stores.
(26) Home furnishings. 1
(27) Newspaper offices.
(28) Multiple family dwellings, including senior citizen housing. 1
(29) Print shops.
1
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Supp. No. 3 1
1224.2
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1 § 20 -736 CHANHASSEN CITY CODE
1 (2) Temporary outdoor display of merchandise for sale.
(3) Farmers markets.
(Ord. No. 120, § 3, 2- 12 -90)
Secs. 20- 737 -20 -750. Reserved.
1
ARTICLE XIX. "BG" GENERAL BUSINESS DISTRICT
Sec. 20 -751. Intent.
1 The intent of the "BG" District is to provide for downtown fringe commercial develop-
ment identified as the least restricted business district.
(Ord. No. 80, Art. V, § 13(5- 13 -1), 12- 15 -86)
1 Sec. 20 -752. Permitted uses.
The following uses are permitted in a "BG" District:
1 (1) Bowling center.
(2) Day care center.
(3) Convenience stores without gas pumps.
(4) Standard restaurants
1 (5) Entertainment.
(6) Apparel sales.
1 (7) Personal services
8) Health and recreation clubs
1 '0) Specialty retail (including but not limited to jewelry, book, stationery, bible, camera,
pets, arts and crafts, sporting goods).
1 (10) Small appliance and similar repair shops.
(11) Funeral homes.
1 # (12) Financial institutions, including drive-in service.
(13) Newspaper and small printing offices.
1 (1.4) Private clubs and lodges.
(15) Miniature golf.
1 (16) Veterinary clinic.
(17) Animal hospital
Supp. No. 2
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ZONING § 20 -754
(18) Offices.
(19) Health care facilities.
(20) Motels.
(21) Supermarkets.
(22) Home improvement trades building supply centers.
(23) Garden centers.
(24) Utility services.
(25) Bars and taverns.
(26) Fast food restaurants.
(27) Reserved.
(28) Community center.
(29) Senior citizen housing.
(Ord. No. 80, Art. V, § 13(5- 13 -2), 12- 15 -86; Ord. No. 116, § 8, 1- 22 -90)
Sec. 20 -753. Permitted accessory uses. '
The following are permitted accessory uses in a "BG" District:
(1) Parking lots. 1
(2) Signs.
(Ord. No. 80, Art. V, § 13(5- 13 -3), 12- 15 -86)
Sec. 20 -754. Conditional uses.
The following are conditional uses in a "BG" District:
(1) Reserved.
* (2) Truck, automobile, farm implement, recreational vehicles and boat sales and service.
(3) Equipment rental.
(4) Screened outdoor storage. -
*(5) Major auto repair and body shops.
(6) Convenience stores with gas pumps.
4 (7) Motor fuel stations.
(Ord. No. 80, Art. V, § 13(5- 13 -4), 12- 15 -86; Ord. No. 116, § 8, 1- 22 -90; Ord. No. 120, § 4(10), 1
2- 12 -90)
State law reference — Conditional uses, M.S. § 462.3595.
Supp. No. 3
1226.1 1
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ZONING
§ 20-771
1 The buffer yard is an additional setback requirement. It is to be cumulatively
calculated with the required setbacks outlined above. The full obligation to pro -
1 vide the buffer yard shall be placed on the parcel containing the higher intensity
use.
I 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
I 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
1 obligation of the property owner.
Buffer yards shall be covered by a permanently recorded conservation easement
running in favor of the city.
1 In instances where existing topography and/or vegetation provide buffering sat-
isfactory to the city, or where quality site planning is achieved, the city may
I reduce buffer yard requirements by up to fifty (50) percent. The applicant shall
have the full burden of demonstrating compliance with the standards herein.
(Ord. No 80, Art. V, § 13(5- 13 -5), 12- 15 -86; Ord. No. 94, §§ 1, 4, 7-25-88; Ord. No. 136, §§ 1A,
1B, 1- 28 -91)
Sec. 20 -756. Interim uses.
1 The following are interim uses in the "BG" District:
(1) Churches.
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I (2) Temporary outdoor display of merchandise for sale.
(Ord. No. 120, § 3, 2- 12 -90)
1 Secs. 20- 757 -20 -770. Reserved.
1 ARTICLE XX. "BF" FRINGE BUSINESS DISTRICT
I Sec. 20 -771. Intent.
I The intent of the "BF" District is to accommodate limited commercial uses without urban
services.
(Ord. No. 80, Art. V, § 14(5- 14 -1), 12- 15 -86)
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§ 20 -772 CHANHASSEN CITY CODE
Sec. 20 -772. Permitted accessory uses.
The following are permitted accessory uses in a "BF" District:
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(1) Parking lots.
(2) Signs. 1
(Ord. No. 80, Art. V, § 14(5- 14 -3), 12- 15 -86)
Sec. 20 -773. Conditional uses.
The following are conditional uses in a "BF" District:
*, (1) Motor fuel stations without car washes.
o t i r (2) Truck/trailer rental. 1
(3) Utility services.
(4) Reserved. 1
(5) Cold storage and warehousing.
(Ord. No. 80, Art. V, § 14(5- 14 -2), 12- 15 -86; Ord. No. 80 -D, § 1, 1- 11 -88; Ord. No. 103, § 1,
5- 22 -89; Ord. No. 116, § 9, 1- 22 -90; Ord. No. 120, § 4(11), 2- 12 -90)
State law reference — Conditional uses, M.S § 462.3595.
Sec. 20 -774. Lot requirements and setbacks.
The following minimum requirements shall be observed in a "BF" District subject to
additional requirements, exceptions and modifications set forth in this chapter:
(1) The minimum lot area is twenty thousand (20,000) square feet.
(2) The minimum lot frontage is one hundred (100) feet, except that lots fronting on a
cul -de -sac shall have a minimum front footage of sixty (60) feet in all districts.
(3) The minimum lot depth is one hundred fifty (150) feet.
(4) The maximum lot coverage is forty (40) percent.
(5) Off- street parking shall comply with district setback requirements except:
a. There is no minimum setback when it abuts a railroad right-of-way, except as
provided in sections 20 -1191 and 20-1192 pertaining to landscaping requirements.
b. There is no minimum setback when it abuts, without being separated by a street,
another off - street parking area.
c. The minimum setback is fifty (50) feet when it abuts a residential district
without being separated from the residential district by a street or railroad
right-of-way.
d. The minimum setback is twenty -five (25) feet for side street side yards.
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HIGHWAY 5 CORRIDOR STUDY
MISSION STATEMENT
Highway 5 is the major traffic artery in our community. It is what links us to the Twin Cities
Metro area to our east and the prairie farmland to the west. The view of our community, offered
by the trip along the highway, is experienced at least twice a day by many of our residents. It
is also the primary exposure to our community that is seen by commuters and travelers who are
transiting our area.
1 Along this route one can find land uses that define what Chanhassen is. There is our growing,
well planned, central business district and employment concentrations offering jobs for over 6000
people. There are strong residential neighborhoods set back from the highway. There are
churches, school, parks and the Minnesota Landscape Arboretum. Helping to define the corridor
is a change in landforms with rolling, wooded terrain north of the highway giving way to
farmland on the south. Significant portions of the City's ecosystem is visible along its length
1 including lakes, Bluff Creek wetlands and forests.
Much of Chanhassen's future is located along the corridor. City plans call for new
1 neighborhoods, schools and employment opportunities. The Highway 5 Corridor Plan is a result
of people trying to ensure that we are knitted together by the corridor rather than being torn apart
as has been the case in many communities in similar situations. It is an attempt to take control
of events and guide them to our best advantage, or simply put, it is intended to allow the city
to be proactive rather than reactive.
1 Development along the corridor is precipitated by two factors; the Minnesota Department of
Transportation is scheduled to complete the design upgrade, from two lanes to four lanes in the
spring of 1996, and the Metropolitan Urban Service Area was expanded in May of 1991, to
include most of the area along the Highway 5 Corridor. The Metropolitan Urban Service Area
(MUSA) was expanded and the City's Year 2000 Land Use Plan was amended to reflect changes
in proposed land use recommendations. MNDOT will be participating in the development of a
northern frontage road. The frontage road will run north of Highway 5 between Audubon and
Highway 41. This road will be included as a part of the Federal Environmental Assessment (EA)
along with Highway 5. The EA is scheduled to be completed by the end of 1993. The location
of the south frontage has been driven by development proposals, and its construction will be
completed as development occurs. The location and design of these roads is one issue for the
1 task force to resolve.
In updating the Comprehensive Plan, the northeast corner of Highway 5 and 41 was left out of
the MUSA area. This property was left as a future study area. The city has also directed the
Task Force to determine the appropriate land use for this property, as well as revisiting land uses
along the corridor that may be conflicting with the vision of the plan.
It was the desire of the city to have a vision created for this corridor and staff contacted the
Design Center for American Urban Landscape of the College of Architecture and Landscape
f Architecture, University of Minnesota, to help the city in defining that vision. In February of
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1992, the Design Center submitted to the city a case study that put forth several ideas. These
ideas included making rooms, making connections for roads, paths, water and open space, using
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landscape features such as vegetation, topography and extended views which make distinct
buildable sites.
This study was used as the basis for the formation of a task force to take its components and I
develop a corridor plan for Highway 5. The major issues the task force needs to focus on are
the access boulevards, adjacent land uses, parks, open space and trails, development (design)
standards, and the corridor design (streetscape).
HIGHWAY 5 PROGRAM GOALS AND POLICIES
ACCESS BOULEVARDS
Goal: The corridor plan should develop access boulevards consistent with the City
Comprehensive Plan and the "Building Community Across the Corridor" concepts.
The northern boulevard should be designed as the "main street" of Chanhassen as
it will be a continuous street from Highway 101, west through downtown
Chanhassen, and west to Highway 41.
Policy: The function and design of the streets paralleling Highway 5 should be I
"boulevards" which are distinctly different from what is normally considered a
frontage road. These boulevards should connect the community linking
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neighborhood to the central business district, employment concentration,
community facilities and recreation opportunities. To the maximum extent
possible, it should allow vehicles, pedestrians and bicycles to complete trips
without having to utilize Highway 5. These boulevards should not necessarily hug
the highway, but rather provide a local route that follows existing topography,
preserves natural features and supports approved land uses.. A serpentine 1
alignment is desirable.
Policy: The design of the boulevards shall be conducive to the feel of a main steet and 1
not the feel of a high density collector, which these streets will be classified. The
pavement width should be the minimum required. Hard surface bike paths and
pedestrian trails should be included in the right -of -way. Landscaping and
plantings (streetscape) should be placed along the streets with particular emphasis
placed on landscaping areas between the road and Highway 5 when the routes run
near each other.
LAND USE 1
Goal: The Highway 5 Corridor Plan should seek to define a mix of land uses that
support the concept of developing a diverse community supporting the land use
goals contained in the City Comprehensive Plan. Land use decisions should seek
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to develop and support an image that defines Chanhassen as being a community
with solid residential neighborhoods, cohesive downtown, diverse economy and
1 strong social fabric.
Policy: The Highway 5 plan should generally support land use decisions and policies
detailed in the City Comprehensive Plan. When deviation from the plan are
proposed they should be based upon the following determinations:
1 a. that new information has been made available since the Comprehensive
Plan was approved that supports re- examination of the plan; and
1 b. that alignment of the access boulevards and potential impacts of other
Highway 5 plan elements offer new opportunities and constraints that were
1 not previously considered; and
c. that the work undertaken by the task force to determine appropriate design
concept for individual sites supports refining land use decisions.
Policy: The Highway 5 Plan should determine land use designations for the 1995 Study
1 area identified near the intersection of Highways 5 and 41, as well as any other
undetermined parcels located within the corridor. The purpose of defining land
uses is to promote more efficient planning in the corridor and assist property
' owners and residents in understanding what may occur in the future. It does not
imply that these parcels will be brought within the MUSA line in any particular
time frame. These decisions will be made by the City Council at some point in
1 the future.
Policy: Conceptual development plans will be prepared for critical sites within the
corridor. These will be adopted with the corridor plan to serve as guides for
preparing and reviewing development proposals in the future. The conceptual
development plans will be utilized to refine allowable uses, provide input into
1 access, grading, building materials and orientation and to ensure that other plan
elements, such as environmental protection and pedestrian access are incorporated.
PARKS, OPEN SPACE AND TRAILS
Goal: The Highway 5 Plan shall seek to preserve and enhance recreational open space,
passive and active, along the corridor.
Policy: The Plan shall be coordinated with the Park and Recreation Element of the City's
Comprehensive.
1 Policy: The plan shall incorporate provisions for protecting and enhancing the Bluff Creek
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Corridor that will ultimately connect Minnewashta Regional Park with the
Minnesota River National Wildlife Refuge. Included in this policy is the concept
of utilizing a bridge of major culvert and associated trail. Similarly sensitive
provisions are to be incorporated at creek crossings of the access boulevards.
Policy: Other pedestrian linkages should be integrated including one in the vicinity of the
Central Business District, the other at Lake Ann Park and others if appropriate.
Linkages should be a means of mitigating the affects of the community being
divided by Highway 5. The plan should seek to incorporate trail linkages
identified by the Park and Recreation Element of the Comprehensive Plan. The
linkages should connect adjoining neighborhoods and employment centers, the
central business district, recreation areas and the Minnesota Landscape Arboretum.
Policy: The Plan should identify open space to be preserved by public ownership of
through developer contributions. These should include areas having scenic and
environmental importance such as major stands of trees, view corridors, wetlands
and water courses. Significant landform should also be designated and outlined.
as a means for incorporating them into development proposals.
Policy: The plan should seek to limit the impact of the access boulevards on Lake Ann
Park, while improving the safety and comfort of the access for the city residents.
DEVELOPMENT STANDARDS
Goal: Implement development standards along the corridor to ensure that new
development is consistent with the goals and policies of the Highway 5 Plan.
Policy: A higher quality of building and site design shall be required along Highway 5. ,
This includes building architecture, materials and landscaping. Signs shall be low
profile and architecturally compatible with the building.
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Policy: Buildings shall be oriented to reduce massing and scale where appropriate in
proximity to Highway 5 and screen undesirable elements from the view. The
undesirable elements include parking lots, loading docks etc. Generally, buildings
should have office and high design amenity components located closer to the
highway. The undersireable elements should be located behind the building when
viewed from the highway.
Policy: Setbacks from the highway shall be sufficient to provide appropriate landscape
buffering and reduction of the visual impact from the Highway.
Policy: On large development sites utilizing a mix of land uses, the higher quality uses
shall be required on sites in proximity to the highway. For example, in an
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industrial park, office buildings and high design amenity structures should be
located near the highway with industrial or warehouse structures found on interior
1 parcels.
Policy: Sites being developed within the Central Business District shall be designed to
compliment architectural styles and development patterns to promote the
cohesiveness of the downtown area.
1 Policy: Development plans shall incorporate provisions for pedestrian access and be
designed to promote transit usage.
Policy: No direct access to Highway 5 will be permitted. All primary access is to be
gained from the access boulevards and local streets extending from them.
1 Policy: Site plans must be designed to maintain landforms and environmental features to
the greatest possible extent. When feasible, these landforms and features should
be complimented by the design. For example, the planting of a grove of
1 over -story trees or design of a water feature to compliment the site, is encouraged.
1 Policy: Higher intensity uses shall be effectively buffered from lower intensity uses,
natural features, parks and public spaces.
' CORRIDOR DESIGN /STREETSCAPE
Goal: Highway 5 shall have a unifying theme throughout the corridor. These themes
include continuity of features through the preservation of open space, points of
view and natural features including wetlands creeks, major stands of tress and
rolling topography.
Policy: Gateway treatment shall be designed for major intersections along the highway,
especially at the intersection of Highways 5 and 41.
Policy: The corridor plan shall define and coordinate the various public spaces along the
corridor. These include the use of city owned parcels such as the Hanus /Apple
Valley Red -E -Mix sites, parks, environmental features such as Bluff Creek and
wetlands that may be acquired, as well as the numerous remnant pieces of right -
of -way and landscaping areas that will be created by Highway 5 construction and
1 the access boulevard. The plan should outline appropriate uses, management and
financing strategies.
Policy: Roadway improvements in the corridor should support and facilitate pedestrian
access and transit including mass transit, service pedestrian access needs specific
to Bluff Creek, Lake Ann Park and the Central Business District should be
addressed along with others if opportunities present themselves.
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Policy: Design elements of Highway 5 shall be sensitive to supporting the city's goals for
the corridor. These considerations should include minimizing right -of -way 1
requirements, use of appropriate paving treatments and lighting, sensitivity to
grading issues and impacts on adjoining parcels and protection for the city's
natural environment. 1
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