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5. Commercial Zoning Districts Ordinance Amendment Issue Paper CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227,1110 Building Inspections Phone: 952,227,1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952,227,1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952,227,1310 Senior Center Phone: 952,227,1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us w MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner September 15, 2009 O~ > DATE: SUBJ: City Code Amendment: Commercial Districts RECOMMNEDA TION: Staff is seeking feedback from the Planning Commission regarding the issues and direction in the drafting of the Community Commercial and Regional/Lifestyle Center Commercial Districts. BACKGROUND On November 10, 2008, the Chanhassen City Council adopted the 2030 Comprehensive Plan. The adoption of the Comprehensive Plan required the City to create zoning districts that may be used to implement the plan. The result is the creation of the Community Commercial (CC), and Regional/Lifestyle Center (RC) districts. The City must adopt these new districts as required by the Land Planning Act. On April 7, 2009, the Planning Commission completed a preference survey regarding standards for the regional commercial district. Staff has attempted to incorporate these into the district regulations. The draft regulations for the CC district follow those of the existing Industrial Office Park District as to lot requirements, setbacks, site coverage and building height. The question for the district is the list of appropriate uses and the maximum and minimum size of anyone business in the district. The City Attorney reviewed the draft ordinance and recommended that the City adopt standards within the Planned Unit Development ordinance for the creation of the Regional/Lifestyle Center Commercial. The PUD is adopted by ordinance and may be reviewed first as a concept and then as a development stage plan. Staff is requesting that the Planning Commission review the draft regulations and comment on their implementation of the Comprehensive Plan. If the regulations implement the Plan, staff requests that the Planning Commission direct staff to prepare the ordinances for public hearing and adoption. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Commercial Districts September 15, 2009 Page 2 of6 DISCUSSION 2.7.3 Community and General Commercial Dejinition/Vision: A large-scale commercial and office district with a need for high visibility along arterial roads. This type of development has a moderate impact on the surrounding environment, including but not limited to lighting, noise and traffic. Location criteria for Community Commercial uses are: access to arterial streets, preferably at intersections with collector and arterial streets; moderate to large-sized sites; public water and sewer service; environmental features such as soils and topography suitable for compact development; and adequate buffering by physical features or adjacent uses to protect nearby residential development. Goods and Services Examples . Furniture and Home Furnishings · Electronic and Appliance Stores · Building Material and Garden Supplies . Auto Parts and Accessories · Sporting Goods A new zoning district CC (Community Commercial) will be created in the City Code to implement this land use. The CC district is intended to provide an opportunity for larger retail uses, but not the full range of "big box" retail. A land use amendment, which guided this area for commercial and/or office/industrial uses, was approved for the triangular area bounded by Highway 5 on the north, the Twin Cities & Western Railroad on the south and Park Drive on the west. The uses in the CC district are intended to complement and enhance the existing and future uses in the downtown area by providing shopping opportunities not currently available in the City. Prior to any redevelopment of the area for retail uses, the City would require a traffic study to determine if any roadway improvements would be necessary to facilitate the changes in use. Planning Commission Commercial Districts September 15, 2009 Page 3 of 6 The definition of "big" is, however, relative, and must be related to the product category in question. For the supermarket/grocery sector, a big-box superstore normally must be in the 50,000 to 100,000 square-foot range. For warehouse operations such as Costco, big boxes normally contain 120,000 square feet. In contrast, for book retailers, 25,000 to 50,000 square feet would qualify as a big-box operation. For other specialty retail categories, for example eye glasses, a 5,000 square-foot store would qualify as a "big box." The key point is that "big-box, category-killer" stores are several times the size of a traditional outlet in their category. (Center for Study of Commercial Activity) The following definitions are excerpted and adapted from Maryland's 'Big-Box' Retail Development, Managing Maryland's Growth: Models and Guidelines, Maryland Department of Planning, October 2001. . Big-box retail facilities are large, industrial-style buildings or stores with footprints that generally range from 20,000 square feet to 200,000 square feet. While most big-boxes operate as a single-story structure, they typically have a three-story mass that stands more than 30 feet tall. The definition or perhaps the description of a big-box store can be better understood through its product category. For example, book retailers like Barnes & Noble generally range from 25,000 square feet to 50,000 square feet, whereas in the general merchandise category, big-boxes like Wal-Mart range from 80,000 square feet to 130,000 square feet. (These typically no-frill stores seek to attract customers with the low prices and/or large selection possible with large floor space and high volume sales). . Discount department stores, ranging from 80,000 square feet to 130,000 square feet, offer a wide variety of merchandise including automotive parts and services, housewares, home furnishings, apparel and beauty aids. This group includes retailers such as Target, Wal-Mart and Kmart. . Category killers, ranging from 20,000 square feet to 120,000 square feet, offer a large selection of merchandise and low prices in a particular type of product category. This group includes retailers such as Circuit City, Office Depot, Sports Authority, Lowe's, Home Depot and Toys "R" Us. (As the name implies, they tend to overwhelm or "kill" smaller, or less focused competitors) . Outlet stores, ranging from 20,000 square feet to 80,000 square feet, are typically the discount arms of major department stores such as Nordstrom Rack and J.e. Penny Outlet. In addition, manufacturers such as Nike, Bass Shoes and Burlington Coat Factory have retail outlet stores. . Warehouse clubs, ranging from 104,000 square feet to 170,000 square feet, offer a variety of goods, in bulk, at wholesale prices. However, warehouse clubs provide a limited number of product items (5,000 or less). This group includes retailers such as Costco Wholesale, Pace, Sam's Club and BJ's Wholesale Club. (These clubs often charge their customers an annual membership fee). Planning Commission Commercial Districts September 15, 2009 Page 4 of6 A growing number of cities and towns are adopting store size caps to ensure that new retail development is scaled appropriately for the community and does not overwhelm the local economy or exacerbate sprawl and traffic congestion. Most communities choose an upper limit of between 35,000 and 75,000 square feet. Communities consider many factors in deciding what an appropriate size limit for retail stores is. Here are some useful reference points: · Average Rite Aid: 13,000 sq. ft. · Average Barnes & Noble: 25,000 sq. ft. · Average Best Buy: 37,000 sq. ft. . Supermarkets: range from 10,000 to 90,000 sq. ft. and average 44,000 sq. ft. · Football field: 57,000 sq. ft. · Average Home Depot (including garden area): 128,000 sq. ft. . Wal-Mart supercenters: range from 99,000 to 250,000 sq. ft. and average 187,000 sq. ft. Most of the stores Wal-Mart, Target, and Home Depot have built in the last ten years are between 80,000 and 120,000 square feet, or about the size of two or three football fields. Today, Wal-Mart and Target are building "supercenters," which combine general merchandise and groceries in stores as large as 250,000 square feet. That's just under 6 acres. The parking lots that surround these stores are generally four to seven times their size. Barnes & Noble and Borders Books stores range from 25,000 to 45,000 square feet. Walgreens, Rite Aid, and CVS build stores of about 15,000 square feet. Starbucks coffee shops range from 500 to 8,000 square feet. As for independent retailers, a full-service neighborhood grocery store might be 10,000 square feet. Locally owned hardware stores generally range from 4,000 to 20,000 square feet. An independent bookstore might be 4,000 square feet. Courtesy of Institute for Local Self-Reliance Planning Commission Commercial Districts September 15, 2009 Page 5 of6 The draft ordinance proposes a user range from 15,000 to 65,000 square feet. PROPOSED CHANGE: Add an article to the zoning code incorporating standards for the Community Commercial District. 2.7.4 Regional/Lifestyle Center Commercial 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 and is designed to serve trail users and mass transit as well as automobile traffic. Centers of this type have at least two major retail anchors and are characterized by the diversity and mix of retail and service uses within their boundaries. 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, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. Goods and Services Examples · Entertainment . Department Store · Comparison Shopping · Specialty Retail/Boutique · Restaurants · Hotels . Residential A new zoning district RC (Regional/Lifestyle Center Commercial) will be created in the City Code to implement this land use. The City has given a dual land use of the 160 acres at the southeast comer of Powers and Lyman Boulevards to accommodate this use. The 2030 Land Use Plan guides this area for commercial and/or office. The intent of the district is to provide comparative shopping opportunities in the community, which would add to the retail choices currently available. It should also provide the opportunity for the creation of a mixed-use development, primarily composed of office and commercial uses, but supported by residential. Due to the site's access and visibility to the traveling public along Highway 212, this commercial area provides an Planning Commission Commercial Districts September 15, 2009 Page 6 of 6 opportunity to bring additional customers and visitors to the City, potentially supporting commercial establishments in other parts of the City. However, to promote the lifestyle center idea, residential uses are permitted as a support use to commercial or office uses. The setback requirements are similar to the Central Business District except they require a minimum five-foot front and rear setback. This would allow a minimum public space in the front of each building for seating and tables, benches, planters and landscaping. Setbacks would be staggered with the building height to promote natural sun light. Permitted uses will be determined at the time of the development of the PUD development standards. PROPOSED CHANGE: Amend section 20-502 regarding residential uses within the regional/lifestyle center commercial PUD and section 20-503 requiring the minimum district size for a regional/lifestyle center commercial PUD be 30 acres. Add section 20-509 incorporating the minimum standards for the regional/lifestyle center commercial PUD. RECOMMENDATION Staff is seeking feedback from the Planning Commission regarding the issues and direction in the drafting of the Community Commercial and Regional/Lifestyle Commercial Districts. ATTACHMENTS 1. Ordinance Amending Chapter 20, Community Commercial District. 2. Ordinance Amending Chapter 20, PUD Standards, Regional/Lifestyle Center Commercial. 3. Existing PUD Ordinance. g:\plan\city code\2009 code amendments\regional & community commercial\pc memo rc and cc district regulations.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. (8/21/09 draft) AN ORDINANCE AMENDING CHAPTER 20 ZONING CHANHASSEN CITY CODE, THE CITY COUNCIL OF THE CITY OF CHANHASS Section 1. The City Code, City of Chanhas an Article _, which shall read as follows: . hereby amended by adding "CC" Community Commercial District Intent. The intent of the community sized commercial development. Th visibility along arterial roads. While integral to the principal use, the primar with a minimum tenant s . of 15,000 larger uses. The creati tenant, s e: access arterial and collector streets, streets; moderate to large-sized sites; public as soils and topography suitable for . cal features or adj acent uses to protect oor for an individual use shall be no more than Permitted Uses Arts and Crafts Supply Automotive Parts and Acce Book Store Building Supply Center Consumer Electronics and Appliance Store Drugstore Furniture and Home Furnishings Garden Center Grocery Store Health and Dental Clinics 1 Hobby, Toy and Game Stores Office Office Equipment and Supply Personal Services Sewing and Fabric Store Sporting Goods Permitted Accessory Uses Antennas Automatic Teller Machines (ATMs) Parking lots and ramps Signs Utility Services Conditional Use Screened Outdoor Storage Lot Requirements and Setbacks Minimum Lot Area: one (1) acre Minimum Lot Depth: 100 D et Minimum Lot Fronta Front: 25 Side: 10 feet Rear: 10 feet There is no minimum setba when it abuts, without being separated by a street, another off- street parking area. Parking setbacks may be reduced to ten feet along public streets if the applicant can demonstrate to the satisfaction of the City that 100 percent screening is provided at least five feet above the adjacent parking lot. 2 Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of _, 2009, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager (Published in the Chanhassen Villager on g:\plan\city code\2009 code amendments\regional & community co 3 ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 ZONING CHANHASSEN CITY CODE, Section 1. Section 20-502 of the City Code, Ci amended to read as follows: INNESOTA ORDAINS: THE CITY COUNCIL OF THE CITY OF CHAN Allowed uses. na han one land use in the include all the land uses esignate ses as the city council shall of this ordinance and the style center commercial PUD may with a ercial or office development and may o percent of the proposed development. The elopment may be constructed concurrent or he co ercial or office component, but may not ial or office development. The phasing of the shall be reviewed and approved as part of the Section 2. Section 20- of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: District size and location. (a) Each PUD shall have a minimum area of five acres except the regionaJ/lifestyle center commercial PUD which must be a minimum of 30 acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. Section 3. The City Code, City of Chanhassen, Min a section to be numbered 20-509, which shall read hereby amended by adding Standards and guidelines for regionalflife developments. ct is a m ed commercial district with nction that serves a regional market. tive, comfortable walking experience serve pedestrian and mass transit fico Ce f this type, generally, have at least two cterized by the diversity of mixed retail and service complement existing retail users in the other Developme rs shall be planned as a group of organized uses and structures to a a sensitive transition between commercial activities such as loading, parki omobiles, lighting and trash collection and surrounding residential uses. Suc centers shall be designed with one theme, with 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 is coordinated and logically linked to provide a comprehensive circulation system. (b) Minimum lot size. 10,000 square feet (c) Minimum lot width at building setback: 100 feet. 2 (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: (1) PUD exterior: 30 feet. The 3D-foot PUD exterior setback may be changed by the city council as part of the approval process when it is demonstrated that environmental protection or development design will be enhanced. (2) Front yard: 5 feet. (3) Rear yard: 5 feet. (4) Side yard: O. uilding's height one to one basis. exceeds 35 hat point , providing Building setbacks designated for umque Clrcu requirement. butting an area be 50 feet unless . ty to reduce the setback There is no mini .ng setback when it abuts, without being separated by a street, another off-st et parking area. Parking along public streets shall provide an appropriate transition, which shall incorporate such elements as landscaping, decorative fencing, public art, berming, etc. Parking setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the Comprehensive Plan shall be 50 feet unless unique circumstances are found which would allow the City to reduce the setback 3 requirement. Unique circumstances include site elevation, separation by natural features such as wetlands or stands of mature trees or substantial visual screening through berming and landscaping. Parking standards shall comply with City Code for type and location. (1) Maximum Building Height: Commercial - retail, 2 stories Commercial - services, 3 stories Office - 5 stories Residential - 5 stories The maximum building height for building abut single-family residential homes sha ter of the district which ire a mix of over-story e site. La ascaped berms shall be dways, railroads and less intensive land pads and roads, stone or decorative required to preserve mature trees and ble-fronted lots. Landscaped berms shall be ts from major roadways, railroads, and less measu shall be provided for double-fronted lots. Where nece te this landscaping, additional lot depth may be required. (3) Founda ntings. A minimum budget or plan for foundation plants shall be es approved by the city. As each parcel is developed in the PUD, the bui be required to install plant materials meeting or exceeding the required bu t 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. (h)Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should 4 be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Streetscape Requirements Every building shall incorporate a streetscape, public realm space between the building the roadway. The use of canopies, awnings or arcades is encouraged in these interfaces. Outdoor seating areas must be in a controlled access to an acceptable pedestrian walk. S uses. When a liquor license is involved, outdoor seating area and the enclosur . seating area must be through the p . located and designed so as not to i circulation. ed area with at least one may be shared by multiple quired around the d; access to such ating areas must be icular Streetscape elements sh such as benches, bus shel Section 4. This ordina publication. f _,2009, by the City Council of Thomas A. Furlong, Mayor ) 5 ZONING ~ 20-501 they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of onsite sewage treatment systems, shall be considered nonconforming. (Ord. No. 217, ~ 4,8-22-94; Ord. No. 377, ~ 60, 5-24-04) Secs. 20-487-20-500. Reserved. ARTICLE VIII. PLANNED UNIT DEVELOPMENT DISTRICT* DIVISION L GENERALLY Sec. 20-501. Intent. Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In.exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the city's expectation is to be realized as evaluated against the following criteria. Planned unit developments are to encourage the following: (1) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. (2) More efficient and effective use ofland, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. (3) High quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in.the community. (4) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (5) Development which is consistent with the comprehensive plan. *Editor's note-Section 1 of Ord. No. 149, adopted June 24, 1991, amended Art. VIII, Div. 1, to read as herein set out. Prior to amendment, Art. VIII, Div. 1, contained ~~ 20-501-20-505, pertaining to similar subject matter and deriving from Ord. No. 80, Art. V, ~ 18(5-18-1-5-18- 5), adopted Dec. 15, 1986, and Ord. No. 136, ~ 1, adopted Jan. 28, 1991. CD20:93 ~ 20-501 CHANHASSEN CITY CODE (6) Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the comprehensive park plan and overall trail plan. (1) Provision of housing affordable to all income groups if appropriate within the PUD. (8) Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. (9) Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. (Ord. No. 149, ~ 1, 6-24-91; Ord. No. 377, ~ 61, 5-24-04) Sec. 20-502. Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this ordinance and the comprehensive plan. (Ord. No. 149, ~ 1,6-24-91; Ord. No. 377, ~ 62, 5-24-04) --C) } Sec. 20-503. District size and location. (a) Each PUD shall have a minimum area of five acres, uIiless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. (2) The property is directly adjacent to or across a right-of-way from property which has been developed. previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. (Ord. No. 149, ~ 1,6-24-91; Ord. No. 377, ~ 63, 5-24-04) J CD20:94 ZONING ~ 20-505 Sec~20-504. Coordination with other zoning regulations. (a) Subdivision review under chapter 18 shall be carried out simultaneously with. the. review of a PUD. The plans required under this chapter shan be submitted in addition to or in a form which will satisfy the requirements of chapter 18 for the preliminary and final plat. (b) Site plan review under article II, division 6 ofthis chapter shall be carried out for each . nonsingle family or duplex principal structure that is proposed. (c) PUD plans shall be coordinated with and in compliance with provisions of articles V, VI, and VII of this chapter. (Ord. No. 149, ~ 1, 6-24-91; Ord. No. 377, ~ 64, 5-24-04) 'i ) Sec. 20-505. Required general standards. (a) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other. features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. , ) ../ (b) The applicant shall demonstrate that thePUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance standards. (c) Density. An increase/transfer for density may be allowed at the sole discretion of the city utilizing the following factors: (1) Density within a PUD shall be calculated on net acreage located within the property lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single-family detached area will be evaluated using the items listed in section 20-506 or 20-508. Density transfer eligible for multiple-family areas are not permitted to be applied to single-family areas. (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be CD20:95 ~ 20-505 CHANHASSEN CITY CODE ,/:-.o~~) " approved by the city contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. (e) Hard surface coverage shall be limited as follows: Comprehensive Plan Designation Low or medium density residential Hard Surface Coverage (%) 30 High density residential 50 Office 70 Commercial (neighborhood or community) 70 Commercial (regional) 70 Industrial 70 Individual lots within PUD may exceed these standards as long as the average meets these standards. ') (0 The setback for all buildings within a PUD from any abutting street line shall be 30 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building up to a maximum of 100 feet. The setback for all buildings from exterior PUD lot lines not abutting a public street shall be 30 feet except that in no case shall the setback be less than the height of the building up to a maximum of 100 feet. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be setback at least 20 feet from all exterior lot lines of a PUD. The setback for' parking structures including decks and ramps shall be 35 feet from local streets and 50 feet from all other street classifications except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater. where adjacent to residential property; 35 feet when adjacent to nonresidential properties. Parking structures setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific PUD. Where industrial uses abut developed or platted single-family lots outside the PUD, greater exterior building and parking setbacks may be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing CD20:96 ZONING ~ 20-505 and proposed plantings and other features such as roadways and wetlands which provide separation of uses. POO's must be developed in compliance with buffer yard requirements established by the comprehensive plan. (g) More than one building may be placed on one platted or recorded lot in a PUD. (h) At the time PUD approval is sought from the city, all property to be included within a POO shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction, however, all parcels will remain subject to the PUD development contract that will be recorded in each chain-of-title. \ I (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD development contract. (j) The requirements contained in articles XXIII, and XXV of this chapter may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. (1) No building or other permit shall be issued for any work on property included within a proposed or approved POO nor shall any work occur unless such work is in compliance with the.proposed or approved PUD. (m) Buffer yards. The city comprehensive plan establishes a requirement for buffer 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 50-foot buffer yard is to be provided where the interface occurs along a public street, a 100-foot buffer yard is required where the interface occurs on intemallot lines. The buffer yard is an additional setback requirement. It is to be cumulatively calculated with the required setbacks outlined above. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. 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 buffering potential. 'lb 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 obligation of the property owner. CD20:97 ~ 20-505 CHANHASSEN CITY CODE '48)' >> " 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 satisfactory to the city, or where quality site planning is achieved, the city may reduce buffer yard requirements by up to 50 percent. The applicant shall have the full burden of demonstrating compliance with the'standards herein. (Ord. No. 149, ~ 1, 6-24-91; Ord. No. 179, ~ 3,11-23-92; Ord. No. 240, ~ 14,7-24-95; Ord. No. 315, ~ 2, 3-26-01; Ord. No. 377, ~~ 65-68, 5-24-04) Sec. 20-506. Standards and guidelines for single-family detached residential planned unit developments. (a) Intent. The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental $ensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public/private open and recreational space, should also be enhanced. (b) Minimum lot size. The standard single-family residential PUD allows lot sizes down to a minimum of 11,000 square feet (excluding identified wetland areas from lot calculations). Average lot sizes for the entire PUD shall maintain a minimum area of 15,000 square feet. The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions, preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a 60-foot by 60-foot building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard 30 feet deep. (c) Minimum lot width at building setback: 90 feet. (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: (1) PUD e)(terior: 30 feet. * *The 30-foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. Accessory buildings and structures-located adjacent to or behind principal structure a minimum of ten feet from property line. (2) Front yard: 30 feet. (3) Rear yard: 30 feet. ,,) " ,) .' .:._",.;> CD20:98 ZONING ~ 20-506 (4) Side yard: Ten feet. (0 Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds, and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas shall require a mix of over-story trees and other plantings consistent with the site. A minimum of one over-story tree must be provided in each front yard. 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 more intensive uses. . Similar measures shall be provided for double-fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Rear yard. The rear yard shall contain at least two over-story trees. Preservation of existing trees having a diameter of at least six inches at four feet in height can be used to satisfy this requirement of the PUD and the plans should be developed to maximize tree preservation. (h) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two-car garage without variances to obtain a permit; (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other. accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, ~ 1, 11-23-92; Ord. No. 377, ~~69, 70,5-24-04) CD20:99 ~ 20-507 CHANHASSEN CITY CODE Sec. 20-507. Controls during construction and following completion~ (a) The use of the land, the construction, modification or alteration of any buildings or structures in a PUD shall be governed by the final development plan..... (b) After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan for aPUD except: (1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the city planner if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the bulk of any building structure by more that ten percent. (2) Any building or structure that is totally or substantially destroyed may be recon- structed only in compliance with the final development plan unless an amendment to the final development plan is approved. (3) Changes in uses, any rearrangements oflots, blocks and building tracts, changes in the provisions of common open. spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the planning commission and upon fmal approval by the city council. Any changes shall be recorded as amendments to the final development plan. (c) Major amendments to an approved master development plan may be approved by the city. council after review by. the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original PUD. A major amendment is any amendment which: ) (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units by more than five percent; (3) Increases the gross floor area of nonresidential buildings by more than five percent or increases the gross floor area of any individual building by more than ten percent; (4) Deceases the amount of open space by more than five percent or alters it in such a way l!S to change its original design or intended use; or (5) Creates noncompliance with any special condition attached to the approval of the master development plan. (Ord. No. 149, ~ 1, 6-24-91) Sec. 20-508. Standards and guidelines for single-family attacbed or cluster-home PUDs. (a) Generally. Single-family attached, cluster, zero lot line, townhouses and similar type dwelling types may be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. OJ .j ~:"c.:..v CD20:100 ) // ZONING ~ 20-508 (b) Minimum lot sizes~ There shall be no minimum lot size; however, in no case shall net density exceed guidelines established by the city comprehensive plan. (c) Setback standards/structures and parking: (1) PUD exterior: 50 feet. (2) Interior public right-of-way: 30 feet. * *The 30~foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (3) Other setbacks: Established by PUD agreement. (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds, and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (e) 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 more intensive land uses. In place of mass grading for buildiD.g pads and roads, stone or decorative blocks 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 more intensive uses. Similar measures shall be provided for double-fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundatipn 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 prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) 1tee 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. (f) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. CD20:101 ~ 20,.508 CHANHASSEN CITY CODE (2) Prohibition against freestanding garages maybe required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the futUre, the applicant will have to demonstrate that there is sufficient room to accommodate a two-car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings,and other accessory uses that could potentially impact adjoinlng parcels due to small lot sizes. (Ord. No. 179, ~ 2,11-23-92; Ord. No. 240, ~ 15, 7-24-95; Ord. No. 315, ~ 3, 3-26-01; Ord. No. 377, ~~ 70, 71, 5-24-04) Sees. 20-509-20-515. Reserved. DIVISION 2. PROCEDURES Sec. 20-516. Preapplication conference. Prior to filing an application for PUD, the applicant shall attend a conference with the city. . The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this. ordinance before incurring substantial expense. (Ord. No. 80, Art. V, ~ 18(5-18-6(1)), 12-15-86) ') / Sec. 20-517. General concept plan. (a) In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recom- mended for large PUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested. by the city. Generally, this information should include the following information appropriate to the type of development, e.g., commercial, industrial, or residential: (1) Approximate building areas, pedestrian ways and road locations; (2) Height, bulk and square footage of buildings; (3) Type, number or square footage or intensities of specific land uses; (4) Number of dwelling units; (5) Generalized development plan showing areas to be developed or preserved; and (6) Staging and timing of the development. '1. ;J . .<."0") CD20:102 ZONING ~20-518 (b) The tentative written consent of all property owners within the proposed PUD shall be filed with the city before the staff commences review. Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. (c) The final acceptance ofland uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. (3) The planning commission shall conduct a hearing and report its findings and make recoinmendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing, written notification of the hearing shall be mailed at least ten days prior thereto to owners ofland within 500 feet of the boundary of the property and an on-site notification sign erected. (4) Following the receipt of the report and recommendations from the. planning commis- sion, the city council shall consider the proposal. If the planning commission fails to make a report within 60 days after receipt of the application, then the city council may proceed without the report. The council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a simple majority vote of city council, except for proposals requiring comprehensive plan changes which shall require a four-fifths vote of the entire city council. (Ord. No. 80, Art. V, ~ 18(5-18-6(2)), 12-15-86; Ord. No. 377, ~ 72, 5-24-04; Ord. No. 409, ~ 3, 1-9-06) Sec. 20-518. Developm.ent stage. (a) Following general concept approval of a PUD, the applicant shall submit the develop- ment stage application, preliminary plat and fee. If appropriate because of the limited scale of the proposal, the concept stage and preliminary plan stages may proceed simultaneously. The applicant shall file the development plans and preliminary plat, together with all supporting data. (b) With the appropriate notifications, the planning commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations to the city council for action. (c) The development stage shall include but not be limited to: (1) A preliminary plat and information required by chapter 18. (2) An approved development plan drawn to a scale of not less than one inch equals 100 feet containing at least the following information: a. Proposed name of the development. Supp. No.2 CD20:103 ~. 20-518 CHANHASSEN CITY CODE b. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. c. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, and existing buildings which will remain, if any. d. Location, dimenSions of all driveways, entrances, curb cuts, parking stalls, loadingspaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. e. The location, designation and total area proposed to be conveyed or dedicated for private and public open space, including. parks, playgrounds, school sites and recreational facilities. f. The location, use and size of structures and other land uses located within 200 feet of the property boundary. g. A natural resource analysis identifying existing vegetation areas consisting of . forest and wood lots. as wen as wetlands and wetlands vegetation; the geology, slope,. soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff settling areas, and floodplains must be identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. h. A proposed landscaping plan, including location of existing plants, identification of species, caliper size and aCI"eage. i. The location, type and size of all graphics and signage. j. Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept plan. (3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. (4) A tabulation indicating the number of residential dwelling units and expected population. (5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity. (6) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes. (7) Preliminary grading and site alteration plan illustrating changes to existing topogra- phy and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. Supp. No.2 CD20:104 .) ..,.:_~~) ZONING * 20-518 (8) A soil erosion control plan acceptable to watershed districts, state department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. (9) Protective covenants and homeowners' association bylaws. Supp. No.2 CD20:104.1 ZONING ~ 20-572 (d) The city may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant concerning operational factors. (Ord. No. 80, Art. V, ~ 18(5-18-6(3)), 12-15-86) Sec. 20-519. Final stage. Following preliminary plat approval, the applicant for PUD shall prepare and submit the final plat and execute the development contract prepared by the city. If appropriate because of the limited scale of the proposal, the preliminary and final plats may proceed simultaneously. The city council shall then consider the submission for final approval and rezoning to PUD. (Ord. No. 80, Art. V, ~ 18(5-18-6(4)), 12-15-86) Sees. 20-520-20-550. Reserved. ARTICLE IX. RESERVED* Sees. 20-551-20-570. Reserved. ARTICLE X. "A-2" AGRICULTURAL ESTATE DISTRICT Sec. 20-571. Intent. The intent of the "A-2" District is preservation of rural character while respecting development patterns by allowing single-family residential development. (Ord. No. 80, Art. V, ~ 3(5-3-1), 12-15-86) Sec. 20-572. Permitted uses. (1) ~culture. (2) Antennas as regulated by article xxx: of this chapter. (3) Arboretums. (4) Day care center for 12 or fewer children. (5) Group home for six or fewer persons. (6) Public and private parks and open space. (7) Single-family dwellings. (8) Temporary real estate office or model home. *Editor's note-Ord. No. 377, ~73, adopted May 24, 2004, repealed Art. IX, ~~ 20-551- 570, which pertained agricultural preservation districts and derived from Ord. No. 80, Art. V, ~ 2(5-2-1, 5-2-2, 5-2-3, 5-2-4, 5-2-5, 5-2-6), adopted Dec. 15, 1986; Ord. No. 120, ~~ 3 and 4(1), adopted Feb. 12, 1990. Supp. No.1 CD20:105