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Ordinance 604CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 604 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, REZONING PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning property described below from Neighborhood Business District (BN) to Planned Unit Development (PUD): LOT 1 & 2 EXC: THAT P/O LOTS 1 & 2 DESC AS: BEG AT NW CORN LOT 1 TH S3*W ON WLY LINE LOT 1 254.85' TH S86*E 50.02' TH N3*E 28.56' TH N86*E 194.48' TH NELY 64.99 ON TANG CURV CONCAVE TO NW TH N3*E 169.77 TO N LINE LOT 1 TH N89*W ON N LINE 282.55' TO PT SEVEN FORTY ONE CROSSING 1. Intent The purpose of this zone is to create a PUD neighborhood commercial zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards in this ordinance. The Neighborhood Business District regulations shall apply, except as modified by this ordinance. 2. Permitted Uses • The permitted uses in this zone are limited to appropriate commercial and service uses consistent with meeting the daily needs of the neighborhood. The uses shall be limited to those as defined herein. The type of uses to be provided shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. • Small to medium-sized restaurant -not to exceed 8,000 square feet per building. Fast food restaurants with a drive-thru is limited along the east end of Building A. It must be part of and attached to the multi -use building. The drive-thru lane shall be screened and the exterior wall of the drive-thru shall contain the same level of architectural detail as any other elevation visible by the public. • Banks with a drive-in service window • Office • Day care • Neighborhood scale commercial up to 8,000 square feet per tenant. No individual service component of a retail building shall occupy more than 8,000 square feet of a building. • Convenience store with or without gas pumps and car wash. • Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales, Retail Shops, Apparel Sales, etc.) • Personal Services (an establishment or place of business primarily engaged in providing individual services generally related to personal needs, such as a Tailor Shop, Shoe Repair, Self -Service Laundry, Laundry Pick-up Station, Dry Cleaning, Dance Studios, etc). 3. Setbacks Setback Required From Collector Street 50 feet From Exterior Lot Lines 30 feet Hard Surface Commercial 70% Parking Setback if screening is provided 10 feet 4. Building Materials and Design There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. Buildings and site design shall comply with design standards outlined in Chapter 20, Article XXIII, Division 7 of the City Code, General Supplemental Regulations. 5. Site Landscaping and Screening The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights -of -way; to require buffering between different land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. a. The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to, truck loading areas, trash storage, parking lots, Large unadorned building massing, etc. b. The development shall submit a separate landscaping plan as a part of the site plan review process. c. All open spaces and non -parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. d. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. e. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. Oil f. Native species shall be incorporated into site landscaping, whenever possible. 6. Street Furnishings Benches, kiosks, trash receptacles, planters and other street furnishings shall be of design and materials consistent with the character of the area. Wherever possible, street furnishings must be consolidated to avoid visual clutter and facilitate pedestrian movement. 7. Signage The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment and the business's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which: a. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; b. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; c. Ensure that signs do not create safety hazards; d. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; e. Preserve and protect property values; f. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; g. Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. 7(a). Project Identification/Tenant Sign One project identification/multi-tenant sign for the development located at the entrance off of Highway 41. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than six feet in height. The sign shall be setback a minimum of 10 feet from the property line. 7(b). Wall Signs 3 a. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend above parapet height. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. b. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are permitted provided they are confined within the signage band and do not occupy more than 15% of the sign area unless the logo is the sign. c. Wall signs are limited to two elevations per building. 7(c). Festive Flags/Banners a. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. b. Flags and banners shall be constructed of fabric or vinyl. c. Banners shall not contain advertising for individual users, businesses, services, or products. d. Flags and banners shall project from buildings a maximum of two feet. e. Flags and banners shall have a maximum area of 10 square feet. f. Flags and banners which are torn or excessively worn shall be removed at the request of the city. 7(d). Directional Signs a. On -premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights -of -way. No more than four (4) signs shall be allowed per lot. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. b. Off -premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. c. Bench signs are prohibited except at transit stops as authorized by the local transit authority. L! d. Signs and Graphics. Wherever possible, traffic control, directional and other public signs must be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. 7(e). Prohibited Signs • Pylon signs are prohibited. • Back lit awnings are prohibited. 7(f). Sign 1 Design and Permit Requirements a. The sign treatment is an element of the architecture and thus must reflect the quality of the development. The signs must be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b. All signs require a separate sign permit. c. Wall business signs shall comply with the city's sign ordinance for the Neighborhood business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. 8. Lighting a. Lighting for the interior of the development shall be consistent throughout the development. High pressure sodium vapor lamps or LED with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. Parking lot light poles may not exceed 25 feet in height. b. Light fixtures in areas other than parking lots must be kept to a pedestrian scale (12 to 18 feet). Street light fixtures may accommodate vertical banners for use in identifying the commercial area. c. All light fixtures shall be shielded. Light level for site lighting shall be no more than %2 foot candle at the project perimeter property line. This does not apply to street lighting. d. Lighting for parking areas shall minimize the use of lights on pole standards in the parking area. Rather, emphasis must be placed on building lights and poles located in close proximity to buildings. 9. Non -Residential Parking a. Parking shall be provided based on the shared use of parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. 5 b. The development shall be treated as an integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area." Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 8th day of December, 2014, by the City Council of the City of Chanhassen, Minnesota d Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on May 28, 2015) 6 CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 604 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, REZONING PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning property described below from Neighborhood Business District (BN) to Planned Unit Development (PUD): LOT 1 & 2 EXC: THAT P/O LOTS 1 & 2 DESC AS: BEG AT NW CORN LOT 1 TH S3*W ON WLY LINE LOT 1254.85' TH S86*E 50.02' TH N3*E 28.56' TH N86*E 194.48' TH NELY 64.99 ON TANG CURV CONCAVE TO NW TH N3*E 169.77 TO N LINE LOT 1 TH N89*W ON N LINE 282.55' TO PT SEVEN FORTY ONE CROSSING 1. Intent The purpose of this zone is to create a PUD neighborhood commercial zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards in this ordinance. The Neighborhood Business District regulations shall apply, except as modified by this ordinance. 2. Permitted Uses The permitted uses in this zone are limited to appropriate" commercial and service uses consistent with meeting the daily needs of the neighborhood. The uses shall be limited to those as defined herein. The type of uses to be provided shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Small to medium-sized restaurant -not to exceed 8,000 square feet per building. Fast food restaurants with a drive- thru is limited along the east end of Building A. It must be part of and attached to the multi- use building. The drive-thru lane shall be screened and the exterior wall of the drive-thru shall contain the same level of architectural detail as any other elevation visible by the public. • Banks with a drive-in service window • Office • Day care • Neighborhood scale commercial up to 8,000 square feet per tenant. No individual service component of a retail building shall occupy more than 8,000 square feet of a building. Convenience store with or without gas pumps and car wash. • Specialty retail (Book Store, Jewelry, Sporting Goods Sale/Rental, Retail Sales, Retail Shops, Apparel Sales, etc.) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrs z By: �� LaurieA. Hartmann Subscribed and sworn before me on .I" i r: ifs Jv rE'it J if ifi' COn'.�1SSiCi Eil ,RiS 01;31' E RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch • raisunai services (an establishment or place of business primarily engaged in providing individual services generally related to personal needs,.such as a Tailor Shop, Shoe Repair, Self -Service Laundry, Laundry Pick-up. Station, Dry Cleaning, Dance Studios, etc). 3. Setbacks Setback Required From Collector Street 50 feet From Exterior Lot Lines 30 feet Hard Surface Commercial 70% Parking Setback if screening is provided 10 feet 4. Building Materials and Design There shall not be underdeveloped backsides of buildings. All elevations shall receive nearly equal treatment and visual qualities. Buildings and site design shall comply with design standards outlined in Chapter20, Article XXIII, Division 7 of the City Code, General Supplemental Regulations. 5. Site Landscaping and Screening The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights -of -way; to require buffering between different land uses; and. to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. a. The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to, truck loading areas, trash storage, parking lots, Large unadorned building massing, etc. b. The development shall submit a separate landscaping plan as a part of the site plan review process. C. All open spaces and non parking lot surfaces, except for plaza areas, shall be landscaped, rockscaped, or covered with plantings and/or lawn material. Tree wells shall be included in pedestrian areas and plazas. d. The required buffer landscaping may be installed where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. e. Loading areas shall be screened from public right of ways. Wing walls may be required where deemed appropriate. f. Native species shall be incorporated into site landscaping, whenever possible. 6. Street Furnishings Benches, kiosks, trash receptacles, planters and other street furnishings shall be of design and materials consistent with the character of the area. Wherever possible, street furnishings must be consolidated to avoid visual clutter and facilitate pedestrian movement. 7. Signage The intent of this section is to establish an effective means of communication in the development, maintain and enhance the aesthetic environment and the business's ability to attract sources of economic development and growth, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign regulations. It is the intent of this section, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs which: a. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service; b. Preserve and promote civic beauty, and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination; C. Ensure that signs do not create safety hazards; d. Ensure that signs are designed, constructed, installed and maintained in a manner that does not adversely impact public safety or unduly distract motorists; e. Preserve and protect property values; f. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures; g. Limit temporary commercial signs and advertising displays which provide an opportunity for grand opening and occasional sales events while restricting signs which create continuous visual clutter and hazards at public right-of-way intersections. 7(a). Project Identification/ Tenant Sign One project identification/ multi -tenant sign for the development located at the entrance off of Highway 41. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than six feet in height. The sign shall be setback a minimum of 10 feet from the property line.' 7(b). Wall Signs a. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend above parapet height. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing. b. Tenant signage shall consist of store identification only. Copy is restricted to the tenant's proper name and major product or service offered. Corporate logos, emblems and similar identifying devices are, permitted provided they are confined within the signage band and do not occupy more than 15 % of the sign area unless the logo is the sign. C. Wall signs are limited to two elevations per building. 7(c). Festive Flags/Banners a. Flags and banners shall be permitted on approved standards attached to the building facade and on standards attached to pedestrian area lighting. b. Flags and banners shall be constructed of fabric or vinyl. C. Banners shall not contain advertising for individual users, businesses, services, or products. d. Flags and banners shall project from buildings a maximum of two feet. e. Flags and banners shall have a maximum area of 10 square feet. f. Flags and banners which are torn or excessively worn shall be removed at the request of the city. 7(d). Directional Signs a. On -premises signs shall not be larger than four (4) square feet. The maximum height of the sign shall not exceed five (5) feet from the ground. The placement of directional signs on the property shall be so located such that the sign does not adversely affect adjacent properties (including site lines or confusion of adjoining ingress or egress) or the general appearance of the site from public rights -of - way. No more than four (4) signs shall be allowed per lot. The city council may allow additional signs in situations where access is confusing or traffic safety could be jeopardized. b. Off -premises signs shall be allowed only in situations where access is confusing and traffic safety could be jeopardized or traffic could be inappropriately routed through residential streets. The size of the sign shall be no larger than what is needed to effectively view the sign from the roadway and shall be approved by the city council. C. Bench signs are prohibited except at transit stops as authorized by the local transit authority. d. Signs and Graphics. Wherever possible, traffic control, directional and other public signs, must be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. 7(e). Prohibited Signs • Pylon signs are prohibited.. • Back lit awnings are prohibited. 7(f). Sign Design and Permit Requirements a. The sign treatment is an element of the architecture and thus must reflect the quality of the development. The signs must be consistent in color, ,size, and material and height, throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. b. All signs require a separate sign permit. C. Wall business signs shall comply with the city's sign ordinance for the Neighborhood business district for determination of maximum sign area. Wall signs may be permitted on the "street" front and primary parking lot front of each building. 8. Lighting a. Lighting for the interior of the development shall be consistent throughout the development. High pressure sodium vapor lamps or LED with decorative natural colored pole shall be used throughout the development parking lot area for lighting. Decorative, pedestrian scale lighting shall be used in plaza and sidewalk areas and may be used in parking lot areas. Parking lot light poles may not exceed 25feet in height. b. Light fixtures in areas other than parking lots must be kept to a pedestrian scale (12 to 18 feet). Street light fixtures may accommodate vertical banners for use in identifying the commercial area. C. All light fixtures shall be shielded. Light level for site lighting shall be no more than % foot candle at the project perimeter property line. This does not apply to street lighting. d. Lighting for parking areas shall minimize the use of lights on pole standards in the .parking area. Rather, emphasis must be placed on building lights and poles located in close proximity to buildings. 9. Non -Residential Parking a. Parking shall be provided based on the shared use of parking areas whenever possible. Cross access easements and the joint use of parking facilities shall be protected by a recorded instrument acceptable to the city. b. The development shall be treated as an integrated shopping center and provide a minimum of one space per 200 square feet of commercial/retail area." Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 8th day of December, 2014, by the City Councirof. the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on Thursday, May 28, 2015; No. 4135)