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Ordinance 6961 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 696 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY AMENDING THE AVIENDA PLANNED UNIT DEVELOPMENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is amended by amending the Avienda Planned Unit Development Design Standards in its entirety as follows: DEVELOPMENT DESIGN STANDARDS A. Intent The use of Planned Unit Developments (PUD) for regional/lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services, and services to the traveling public near freeway interchanges. It shall strive to create a self-sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping, and social components. The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting, and trash collection, and surrounding residential uses. Such centers shall be designed with one theme, similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid monotony in design and visual appearance. Vehicle and pedestrian access are coordinated and logically linked to provide a comprehensive circulation system. B. Design Standards Unless otherwise provided in the PUD, the design standards shall follow the Chanhassen City Code Chapter 20, Article VIII Division 1. 20-509. - STANDARDS AND GUIDELINES FOR REGIONAL/LIFESTYLE CENTER COMMERCIAL PLANNED UNIT DEVELOPMENTS and Article XXIII, DIVISION 7. - DESIGN STANDARDS FOR COMMERCIAL, INDUSTRIAL AND OFFICE-INSTITUTIONAL DEVELOPMENTS. Applies to District 1, 2 and 3. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 2 Chapter 20 DIVISION 9. - DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENTS and the Avienda Development Design Guidelines. Applies to Districts 4 and 5. September 8, 2022 The Master Plan identifies five distinct districts within Avienda. Each of these districts (outlined on the plan below) is defined by specific site development patterns and perhaps a distinctive character or image. The sub-districts complement one another as part of the overall plan. The districts are shown on the attached District Map above. They include:  District 1 - Retail – provides a location for larger-scale in-line and stand-alone retail entertainment uses. Could also include a 150-unit housing in the northwest corner.  District 2 - The Village – provides the broadest variety, highest density, and greatest intensity of development, encouraging both vertical and horizontal mixed use. Including 53 rowhomes and up to 417 Apartments, with a minimum of 25,000 square feet of entertainment. Common/public space shall be included in this district as well as two seated restaurants in addition to other fast casual restaurants.  District 3 Mixed Use - 10 acres or approximately 60 percent of the area in District 3 shall be developed as amusement/recreation/entertainment use. These uses include golf DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 3 entertainment, hockey rinks, indoor amusement arcades, convention/ performance center. The principal amusement/recreation/ entertainment use shall be constructed prior to the approval of any accessory uses; hotel, retail/restaurant, carwash, or office use.  Sub-District 4 - Multi-Family – provides opportunities for high density senior or rental apartments. Includes up to 300 Senior Housing units  Sub-District 5 - Low Density Residential – provides opportunities for small lot homes. Includes 39 townhomes that have received preliminary plat approval. C. Development Plans and Regulations The PUD must be maintained in accordance with the following development plans which are on file with the city, and which are incorporated herein: 1. Final Plat dated October 28, 2021 2. Development Plan DP8.2 dated September 8, 2022 3. Avienda Design Guidelines updated September 8, 2022 Permitted Uses 1. Entertainment: Amusement/recreation/entertainment use or substantially similar as reviewed by the Design Review Committee (DRC) and the Community Development Director. 2. Retail sales: a. Department stores not to exceed 25,000 square feet per store, stores that carry an assortment of merchandise from all the other categories. Such establishments may include but are not limited to department stores, discount stores, and similar establishments. b. Supermarkets and other food and grocery stores such as butcher shops and fish markets, fruit and vegetable markets, dairy products stores, candy, nut, and confectionery stores and retail bakeries not to exceed a total of 98,000 square feet. c. Apparel and accessory stores not to exceed 20,000 square feet per store. d. Home furnishing stores selling interior decorating supplies, such as paint, light fixtures, and décor. Such stores may not exceed 40,000 square feet for any single store. e. Clothing and apparel stores, including shoes, jewelry, accessories, etc. f. Drug stores and pharmacies. g. One home and furniture store which includes furniture store, home improvement center, electronic store, appliance store, and similar establishments not to exceed 50,000 square feet. h. Farmers market. 3. Hospitality and food service establishments including: a. Bars and taverns. b. Cafes, delicatessens, food catering establishments. c. Coffee shops and cafes. d. Patio/al fresco dining facilities; Accessory to a principal use. e. Restaurants. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 4 4. Hotels: a. One hotel is permitted in the Mixed-Use District. 5. Services: a. Personal Services i. Professional offices: banking, insurance, legal services, and real estate, etc. ii. Financial institutions. iii. Health and recreation clubs, industries, and services. iv. Health services: Offices of doctors, dentists, optometrists, etc. v. Dry cleaning, laundry, and garment services. b. One daycare center, childcare centers, preschools and Montessori school, not to exceed a total of 16,000 square feet for all such uses. 6. Housing: Residential development in the regional/lifestyle center commercial PUD may only occur in multiple-family dwellings. a. Senior housing developments are limited to two sites and are not to exceed 150 units per building. Senior housing (55 Plus) includes owner, rental or service enriched. b. Low Density Residential homes, District 5, shall be a Density of 3-6 units an acre and can include detached townhomes and twin homes. c. Fifty-three (53) rowhomes density of 8 units an acre in part of District 2. d. Apartment units with number of 417. e. The total number of housing units in the PUD shall not exceed 768. 7. Other uses: a. Retail businesses or service establishments that generally provide commodities or services and that are judged by the Community Development Director (1) to be similar in character and operation to the permitted uses described above; (2) to be closely complementary and to enhance the permitted uses; and (3) to be compatible with the intent and purposes of the Avienda Village Regional Lifestyle Center PUD. b. Drive-through accessory to a permitted use. (A maximum of four shall be permitted in Avienda. In District 1 the two permitted drive-throughs can be associated with the grocery or pharmacy or bank. 8. Prohibited Uses a. Auto related including gas stations, tires, repair etc. except for one full-service car wash in District 3. a. Truck, motorcycles, boats, etc. sales. b. Club warehouse including wholesale. c. Gaming Establishments 9. Other comparable or superior materials may be approved by the DRC and the Community Development Director. D. Minimum Setbacks Building setbacks shall follow Chapter 20, Article VIII Division 1. 20-509. - STANDARDS AND GUIDELINES FOR REGIONAL/LIFESTYLE CENTER COMMERCIAL PLANNED UNIT DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 5 DEVELOPMENTS. Setbacks may be waived by the City Council when it is demonstrated that environmental protection and design will be enhanced. E. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for the overall development. Individual lots may exceed this threshold. 2. More than one (1) principal structure may be placed on one (1) platted lot. 3. The maximum building height shall be: a. Retail District - 1 story b. Village District Apartment - 5 stories (excluding underground parking) Retail - 1 story Restaurants - 1 story Entertainment - 2 story c. Mixed Use District Hotel - 3 stories (excluding underground parking) Retail - 1 story Offices - 3 stories (excluding underground parking) d. Multi-family District – the combined senior housing shall not exceed five (5) stories in height. e. Low Density Housing District - 35 feet F. Parking Requirements 1. Parking shall follow Chanhassen City Code ARTICLE XXIV. - OFF-STREET PARKING AND LOADING. 2. There is no minimum parking setback when it abuts, without being separated by a street, another off-street parking area. 3. Code Drive-Through Facilities. Drive-throughs must comply with the standard of the City Code 20-963 and where appropriate, the city and developer may prepare a vehicle stacking study to determine whether more of less stacking shall be required for a particular use. G. Landscaping Plan An overall landscaping plan is required. The plan shall contain the following: 1. Boulevard plantings. Located in front yards shall require a mix of over-story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads, and less intensive land uses. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. 2. Exterior landscaping and double-fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and less intensive uses. Similar measures shall be provided for double-fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 6 3. Foundation and yard plantings. A minimum budget or plan for foundation plants shall be established and approved by the City. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget or prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the City. 4. Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. 5. No fences shall be permitted between the required landscape buffer and arterial and collector roads. H. 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 meet the city's goals: 1. Establish standards which permit businesses a reasonable and equitable opportunity to advertise their name and service. 2. Preserve and promote civic beauty and prohibit signs which detract from this objective because of size, shape, height, location, condition, cluttering or illumination. 3. Ensure that signs do not create safety hazards. 4. Ensure that signs are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety or unduly distract motorists. 5. Preserve and protect property values. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 7 6. Ensure signs that are in proportion to the scale of, and are architecturally compatible with, the principal structures. 7. 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. 8. All signs shall comply with the city sign ordinance ARTICLE XXVI. – SIGNS unless otherwise permitted in this document. 1. Project Identification Sign A Six project identification signs shall be permitted for the development. The location of the Project Identification signs shall be as follows: a. Southwest and southeast of the intersection of Sunset Trail and Lyman Boulevard. b. Southwest of the intersection of Powers and Lyman Boulevards. c. Northwest and southwest of the intersection of Powers and Bluff Creek Boulevards. d. The most southeasterly corner of the development facing the Highway 212. The design and dimensions of the sign shall be identical throughout the development with exception of the larger sign facing south on to Highway 212. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 8 2. Off-Premise Directory Sign B Three off-premise directory signs shall be permitted for the development. The location of the off- premise directory signs shall be as follows:  Southeast of the intersection of Avienda Parkway and Sunset Trail.  Northwest and southwest of the intersection of Bluff Creek Boulevard and Sunset Trail. The sign architectural structure shall not exceed 19 feet in height and shall be built in accordance with the dimensions and design shown and labeled below. 1. The individual tenant sign panel area shall not exceed eight (8) square feet, six (6) feet wide and 1’ 4” high, no more than three panels per off-premise directional sign. 2. The overall sign area shall not exceed 58 square feet. 3. The sign shall be located outside of the sight triangle and shall not interfere with the driver’s intersection sight distance. 4. The sign shall maintain a minimum of 10 feet from the back of the curb. 5. The sign shall maintain a 1.5-foot separation from trails/sidewalks. 6. The sign shall not interfere with snow removal operations. 7. The sign shall only include the names and logos of the businesses. 8. The sign design shall compliment the design and materials of the proposed buildings. Project identification sign area shall not exceed 80 square feet in sign display area nor be greater than eight (8) feet in height. The sign shall be setback a minimum of 10 feet from the property line and be located outside the sight distance triangle. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 9 3. Monument Sign C a. Each lot shall be permitted one monument sign. One monument sign shall be permitted per lot with the exception of Lots 1 and 2, Block 2. These signs shall not exceed 24 square feet in sign display area nor be greater than five (5) feet in height. If more than one building is on a lot, the sign must be shared. b. All monument signs shall maintain a uniform architectural design that complements the architecture of the buildings. c. These signs shall be set back a minimum of 10 feet from the property line and be located outside the sight triangle. d. All monument signs shall face the internal streets (Avienda Parkway and Bluff Creek Boulevard). DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 10 4. Wayfinding Signs D Wayfinding signs shall be permitted along the internal street located within Lots 1 and 2, Block 5. a. The sign shall not exceed eight (8) feet in height. b. The sign area shall not exceed 32 square feet. c. The sign shall be located outside of the sight triangle and shall not interfere with the driver’s intersection sight distance. d. The sign shall maintain a minimum of 10 feet from the back of the curb. e. The sign shall maintain a 1.5-foot separation from trails and sidewalks. f. The sign shall not be illuminated. g. The sign shall not interfere with snow removal operations. h. The sign lettering shall not exceed six inches and shall have a uniform style. i. The sign shall only include the names and logos of the businesses and a directional arrow. j. The sign design shall compliment the design and materials of the proposed building. k. The sign shall not obstruct drivers’ views of any city-owned street signage or railroad signage. l. The sign will be owned and maintained by the developer. m. The applicant shall construct the sign. 5. 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. Second story illuminated signs that can be viewed from neighborhoods outside the PUD site, are prohibited. c. 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 30% of the sign area unless the logo is the sign. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 11 d. Wall signs are limited to two elevations per building unless the area of square footage exceeds 25,000 or above in a single use. e. Single tenant buildings shall be permitted wall signs on two elevations only unless the area of square footage exceeds 25,000 or above in a single use. The size of the sign shall be based on Table 1. f. Halo Lit signs are permitted consistent with the wall area criteria, including maximum nits and only white. 6. Projecting Sign (Wall) a. Shall be limited to the Village Retail District. b. Sign area shall not exceed two (2) square feet and not project more than two (2) feet from the building. 7. 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. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 12 d. Flags and banners shall project from buildings a maximum of two (2) feet. f. Flags and banners shall have a maximum area of 10 square feet. g. Flags and banners which are torn or excessively worn shall be removed at the request of the city. 8. Building Directory a. In multi-tenant buildings, one building directory sign may be permitted. The directory sign shall not exceed eight square feet. 9. On-Premise Directional Signs a. On-premise 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 right-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. Bench signs are prohibited except at transit stops as authorized by the local transit authority. c. Signs and Graphics. Wherever possible, traffic control, directional, and other public signs should be consolidated and grouped with other street fixtures and furnishings to reduce visual clutter and to facilitate vehicular and pedestrian movement. A system of directional signs should also be established to direct traffic within the commercial area and away from residential areas. 10. Prohibited Signs a. Pylon signs. b. Back lit awnings. c. Window signs are prohibited except for company logo/symbol and not the name. Such logo shall not exceed 10% of a window area. d. Menu signs. e. Signs on roofs, dormers, and balconies. DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9 13 f. Billboards. g. Interchangeable letter boards or panels. h. Flashing signs. 11. Sign Design and Permit Requirements a. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should 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. I. Public Realm, Streetscape The site development, streetscape character, building placement, pedestrian realm, material expression and color, stormwater utilization, building interest, lighting and walking paths shall be consistent with the Avienda Development Guidelines Dated September 8, 2022. J. Engineering Conditions 1. The applicant shall update the traffic analysis completed for the 2016 AUAR Update based on the approved land uses for the development. 2. Each subsequent plat and/or site plan will be required to complete a Traffic Impact Study for the abutting local road network to identify capacity deficiencies at affected intersections and to help identify feasible solutions to identified deficiencies. This shall also include; an assessment of internal circulation for vehicles and pedestrians; the interface between public and private streets and trails and their respective maintenance operations; and emergency service access and circulation. 3. The access point east of the most eastern round-a-bout on Bluff Creek Boulevard, as depicted in Development Plan 8.1 dated July 15, 2022, is not approved. 4. An updated capacity analysis shall be provided based on the approved land uses to determine if the municipal utilities to service the development are adequate. PASSED AND ADOPTED by the Chanhassen City Council this 12th day of September, 2022. ATTEST: Kim Meuwissen, City Clerk Elise Ryan, Mayor (Summary Ordinance 696 to be published in the Chanhassen Villager on October 6, 2022) DocuSign Envelope ID: 24199610-414B-4C73-99DE-6AC6696EA9A9