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2. City Code Amendment BN & BH Commercial District Usesto 2 MEMORANDUM CITY OF TO: Planning Commission Clitlllllt�J� E FROM: Bob Generous, Senior Planner 7700 Market Boulevard DATE: February 1, 2011 PO Box 147 Chanhassen. MN 55317 SUBJ: City Code Amendment Issue Paper Chapter 20, Zoning, Highway and Business Services District And Neighborhood Business District Administration Phone: 952227.1100 Commercial District Uses Discussion Fax: 952.227.1110 BACKGROUND Building Inspections Phone: 952.227.1180 In 2008, staff began reviewing the uses in each commercial district. The intent was to Fax 952.227.1190 insure the uses in each district were current and appropriate. In 2009, the Community Engineering Commercial (CC) District was adopted to permit "Big Box" users. Phone: 952.227.1160 Fax: 952.227.1170 On April 6, 2010, staff presented an issue paper to the Planning Commission pertaining to permitted uses within Commercial Zoning Districts: Finance Phone: 952.227.1140 • Central Business District (CBD), Fax: 952.227.1110 . Neighborhood Business (BN), Park & Recreation • Highway and Business Services (BH), and Phone: 952.2271120 • Fringe Business (BF) Fax: 952.227 1110 Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow On May 18, 2010, staff presented a discussion item regarding the uses within all of Recreation Center the commercial districts. The discussion highlighted the issue that using a broad term 2310 Coulter Boulevard Phone: 952.227 1400 such as "Personal Services" would permit a use that may be undesirable within a Fax: 952.227.1404 specific district. The question raised was: If a broad category is used, can certain uses be prohibited? Planning & Natural Resources Staff conferred with the City Attorney regarding this issue. It is the City Attorney's Phone: 952.227.1130 opinion that the list of permitted, accessory, conditional, and interim uses should be Fax: 952.227.1110 as specific as possible. While the intent of the category is to be efficient and provide Public works some flexibility, many different uses can arguably be considered to be a "Personal 1591 Park Road Service" and would have to be permitted under that description. Phone: 952227.1300 Fax: 952.227.1310 During the May 18 meeting, the Planning Commission requested that staff present each district individually for discussion beginning with the Central Business District Senior Center (CBD). Phone. 952.227.1125 Fax 952227.1110 As part of the review of the Central Business District, the Planning Commission Web site reviewed the comprehensive personal services, health services and amusement and wwaci.chanhassen.mn.us recreational services lists and created a specific list of uses to be included. Staff assumes that the Planning Commission desires to perform the same review for the BH and BN districts and has attached lists of uses to be evaluated. The amendments to the CBD district were adopted in Ordinance No. 514 on November 22, 2010. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission BH and BN Uses February 1, 2011 Page 2 The Planning Commission has review responsibility for Chapter 20. A public hearing will be required to make changes to this chapter. DISCUSSION The intent of the commercial districts is to complement one another and to maintain the downtown (CBD district) as the commercial focal point of the City. Staff is requesting input and guidance with regard to the uses permitted in the Highway and Business Services District (BH) and Neighborhood Business District (BN). Specifically, based on the intent of the districts are the uses appropriate? Are there uses that should be added or deleted from the districts? • The intent of the I'M" District is to provide for highway- oriented commercial development restricted to a low building profile. • The intent of the "BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. Highway 7 -- I M :.. -X . I ` `���� I lop/ BH PYP o Staff has supplied some potential revisions which are shown in strike - thru/bold format as part of the attached districts. Additionally, staff has attached an example of a draft list of permitted uses that would otherwise be categorized as "Amusement and Recreational Services ", "Health Services ", and "Personal Services ". For the discussion, please look through the comprehensive lists and cross off those uses that you do not feel are appropriate in the districts. Conversely, if there are additional uses that should be added to a district, please note them. Based on that feedback, potential amendments to the district regulations will be presented as part of an ordinance amendment for public hearings. Planning Commission BH and BN Uses February 1, 2011 Page 3 Also attached for your reference is the matrix of the current uses within the commercial zoning districts so you can compare uses across zoning districts. DIRECTION Planning staff is looking to the Planning Commission for feedback with regard to the above City Code issue regarding uses within the Highway and Business Services District (BH) and Neighborhood Business District (BN). ATTACHMENTS 1. Highway and Business Services District (BH) Regulation. 2. Highway and Business Services District (BH) Intent and Uses. 3. Lists of specific uses under general categories (BH). 4. Neighborhood Business District (BN) Regulations. 5. Neighborhood Business District (BN) Intent and Uses. 6. Lists of specific uses under general categories (BN). 7. Zoning Use Matrix Districts Uses. gAplan \city code\2011 \uses \pc memo issue bh & bn.doc Highway and Business Services District, BH Sec. 20 -711. - Intent. The intent of the "BH" district is to provide for highway oriented commercial development restricted to a low building profile. Sec. 20 -712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast -food restaurant. (7) Financial institutions with /or without drive - through services. (8) Funeral homes. (9) Health services. (10) Liquor stores. (11) Miniature golf. (12) Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. (17) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) Utility services. Sec. 20 -713. - Permitted accessory uses. The following are permitted accessory uses in a 'BH" district: (1) Signs. (2) Parking lots. (3) Temporary outdoor sales (subject to the requirements of section 20 -312). Sec. 20 -714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. (4) Emission control testing stations. (5) Garden centers. (6) Motor fuel stations. (7) Outdoor storage. (8) Reserved. (9) Small vehicle sales. (10) Supermarkets. (11) Towers as regulated by article XXX of this chapter. Sec. 20 -715. - Lot requirements and setbacks. The following minimum requirements shall be observed in a "BH" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is ten acres. This section may be waived by a condition use permit in the case of expansion of an existing district. (2) The minimum lot area is 20,000 square feet. (3) The minimum lot frontage is 100 feet, except that lots fronting on a cul -de -sac shall have a minimum frontage in all districts of 60 feet. (4) The minimum lot depth is 150 feet. (5) The maximum lot coverage is 65 percent. (6) Off - street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right -of -way, except as provided in chapter 20, article XXV, division 3, pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off - street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten feet 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. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, two stories. b. For accessory structures, one story. (8) Minimum setback requirements: a. For front yards, 25 feet. b. For rear yards, 20 feet. c. For side yards, ten feet. d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. e. Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. The buffer yard is not an additional setback requirement. 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 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. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Sec. 20 -716. - Interim uses. The following are interim uses in the "BH" district: (1) Churches. (2) Reserved. (3) Farmers markets. Highway and Business Services District (BH) The intent of the "BH" District is to provide for highway oriented commercial development restricted to a low building profile. Permitted Uses Accessory Uses • Antennas • Parking Lot (Structure) • • Temporary Outdoor Sale • Car Wash • Signs • Community Center • Convenience Center w/o Gas Pump Add • Day Care 0 Parking Ramps (Structure) • * *Financial Institution ** • * *Personal Services ** • Funeral Home Conditional Uses • * *Health Services ** • * *Hotel /Motel ** • Auto Rental Facilities • Miniature Golf • * *Auto Services ** • * *Offices ** • Automotive Repair /Body shop • Private Clubs and Lodges . * *Towers ** • Restaurant, Fast Food • Convenience Store with Gas Pumps • Restaurant, Standard • Garden Center • * * sec=ialty Retail Sales ** • Motor Fuel Station • Utility Services • Outdoor Storage • Small Vehicle Sales Delete • Supermarket? • M EAel • Appatees e �� lete e� [ hh • ch„rni„rt rte., + • €missien E9ntrvl Testing da=is,=. Interim Uses Add • Off Premise Parking? • Schools? • Churches • Stationary Store • Farmers Market • Veterinary Clinic NOTE: ** Signifies the broad description BH District G: \PLAN \City Cod e \2010 \Uses \Uses BH .doc - E}f Personal Services (Group 72) Linen supply Laundry and garment services including self service Photographic studio Barber & Beauty salons and spas including hair, nail, skin and scalp services shoe repair shops and shoeshine parlors Funeral service and crematories Miscellaneous personal services Clothing rental Coin - operated service machine operation Costume rental Locker rental Massage parlor Quilting Tatoo, body art and piercing services Wedding Chapel Page 1 of 1 art Health Services (Group 80) Offices and clinics of doctors Offices and clinics of dentists Offices and clinics of osteopathy (bones) Offices and clinics of chiropractors Offices and clinics of optometrists Offices and clinics of Podiatrists Offices and clinics of Health Practioners, other Skilled nursing care facilities Intermediate care facilities Nursing and personal care facilities, other General medical and surgical care hospitals Psychiatric hospital Specialy hospitals, except psychiatric Medical laboratories Dental laboratories Home health care services Kidney dialysis center Specialty outpatient facilities Health and allied services Page 1 of 1 Amusement and Recreational Services (Group 79) Dance studios, schools and halls Theatrical producers and miscellaneous theatrical services Bands, orchestras, actors and other entertainers Bowling Centers Professional sports clubs and promoters Racing, including track operations Physical fitness facilities Golf courses Coin- operatyed amusement devices Amusement parks Membership sports and recreation clubs Miscellaneous sports, amusement and recreation services: aerial tramways amusement concessions amusement rides animal shows archery ranges astrologers sports instruction schools bath house billiard parlors bingo parlors boats, rental Bridge club Card rooms Carnival operations Day camps Page 1 of 3 Amusement and Recreational Services (Group 79) Exhibit operations Exposition operation Fairs Fortune Teller Gocart raceway operator Miniture golf courses Golf driving range Golf, pitch & putt Gymnastics instruction Handball courts Horse shows Ice skating rink Judo instruction Karate instruction Moped rental motorcycle rental Phrenologists Pool parlors Racketball courts Roller skating rink Schools and camps, sporting instruction Scuba and skin diving school Shooting galleries Shooting ranges sporting goods rental Waterslide operator Wave pools Page 2 of 3 BH- Amusement and Recreational Services (Group 79) Wax figure exhibit Yoga instruction Page 3 of 3 Neighborhood Business District, BN Sec. 20 -691. - Intent. The intent of the "BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. Sec. 20 -692. - Permitted uses. The following uses are permitted in a "BN" District: (1) Antennas as regulated by article XXX of this chapter. (2) Community center. (3) Convenience stores without gas pumps. (4) Day care center. (5) Health services. (6) Home furnishings. (7) Offices. (8) Personal services. (9) Private clubs and lodges. (10) Shopping center. (11) Small appliance repair shop. (12) Specialty retail shop. (13) Utility services. (14) Veterinary clinics. Sec. 20 -693. - Permitted accessory uses. The following are permitted accessory uses in a "BN" District: (1) Parking lots. (2) Reserved. (3) Signs. (4) Temporary outdoor sales (subject to the requirements of section 20 -312). Sec. 20 -694. - Conditional uses. The following are conditional uses in a "BN" District: (1) Bed and breakfast establishments. (2) Convenience store with gas pumps. (3) Drive -in banks including automated kiosks. (4) Fast food restaurants without a drive- through as part of a shopping center. (5) Motor fuel station. (6) Reserved. (7) Standard restaurants. Sec. 20 -695. - Lot requirements and setbacks. The following minimum requirements shall be observed in a "BN" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is three acres. This section may be waived in the case of expansion to an existing district. (2) The minimum lot area is 15,000 square feet. (3) The minimum lot frontage is 75 feet, except that lots fronting on a cul -de -sac shall have a minimum frontage of 60 feet in all districts. (4) The minimum lot depth is 150 feet. (5) The maximum lot coverage including all structures and paved surfaces is 65 percent. (6) Off - street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right -of -way, except as provided in chapter 20, article XXV, division 3, pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off - street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights -of -way may be reduced to a minimum of ten feet 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. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, two stories when it abuts a residential district without being separated by a street, and three stories with a maximum height of 35 feet when separated by a street. b. For accessory structures, one story. (8) Minimum setback requirements: a. For front yards, 35 feet. b. For rear yards, 30 feet. c. For side yards, 15 feet. d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right -of -way. e. Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. The buffer yard is not an additional setback requirement. 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 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. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Sec. 20 -696. - Interim uses. The following are interim uses in the "BN" district: (1) Churches. (2) Reserved. Neighborhood Business District (BN) The intent of the "BW District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. Permitted Use • Antennas • Community Center • Convenience Store w/o Gas Pumps • Day Care Center • * *Health Services ** • * *Personal Services ** • * *Offices ** • Private Clubs and Lodges • Small ^^^'i°^ ^^ Repair Services • Shopping Center • * * t-y Retail Sales ** • Sporting Goods Sale /Rental • * *Veterinary Clinic ** • Utility Services Add • * *Financial Institution ** • Restaurant, Fast Food • Restaurant, Standard Accessory Use • Parking Lot (Structure) • Signs • Temporary Outdoor Sale Conditional Use • Bed & Breakfast • Convenience Store w/ Gas Pumps • Motor Fuel Station Delete ■nrc�rr:� -�.rn Interim Use • Churches NOTE: ** Signifies the broad description BN District G: \PLAN \City Code \2010 \Uses \Uses BN.doc - 5�� Personal Services (Group 72) Linen supply Laundry and garment services including self service Photographic studio Barber & Beauty salons and spas including hair, nail, skin and scalp services shoe repair shops and shoeshine parlors Funeral service and crematories Miscellaneous personal services Clothing rental Coin - operated service machine operation Costume rental Locker rental Massage parlor Quilting Tatoo, body art and piercing services Wedding Chapel Page 1 of 1 - r'N Health Services (Group 80) Offices and clinics of doctors Offices and clinics of dentists Offices and clinics of osteopathy (bones) Offices and clinics of chiropractors Offices and clinics of optometrists - Offices and clinics of Podiatrists Offices and clinics of Health Practioners, other Skilled nursing care facilities Intermediate care facilities Nursing and personal care facilities, other General medical and surgical care hospitals Psychiatric hospital Specialy hospitals, except psychiatric Medical laboratories Dental laboratories Home health care services Kidney dialysis center Specialty outpatient facilities Health and allied services Page 1 of 1 BVS Amusement and Recreational Services (Group 79) Dance studios, schools and halls Theatrical producers and miscellaneous theatrical services Bands, orchestras, actors and other entertainers Bowling Centers Professional sports clubs and promoters Racing, including track operations Physical fitness facilities Golf courses Coin- operatyed amusement devices Amusement parks Membership sports and recreation clubs Miscellaneous sports, amusement and recreation services: aerial tramways amusement concessions amusement rides animal shows archery ranges astrologers sports instruction schools bath house billiard parlors bingo parlors boats, rental Bridge club Card rooms Carnival operations Day camps Page 1 of 3 Bbl Amusement and Recreational Services (Group 79) Exhibit operations Exposition operation Fairs Fortune Teller Gocart raceway operator Miniture golf courses Golf driving range Golf, pitch & putt Gymnastics instruction Handball courts Horse shows Ice skating rink Judo instruction Karate instruction Moped rental motorcycle rental Phrenologists Pool parlors Racketball courts Roller skating rink Schools and camps, sporting instruction Scuba and skin diving school Shooting galleries Shooting ranges sporting goods rental Waterslide operator Wave pools Page 2 of 3 3N Amusement and Recreational Services (Group 79) Wax figure exhibit Yoga instruction Page 3 of 3 City of Chanhassen Zoning Use Matrix 1/19/2011 A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use PICT CLASSIFICATIONS BN BH CBD CC BG BF Accessory Agricultural Building Adaptive Reuse ' Agriculture P Animal Hospital P Antennas P P P A P P Apparel Sales P P P Arboretum Arts & Crafts Supply Store P Auto Rental Facilities C C Auto Service Center C C Automotive Dealers C C Automotive Parts & Accessories P Automotive Repair Shops C C Automobile Sales C C Automotive Teller Machines (ATM) A Ballroom P Barber & beauty salons (hair, nail, skin & scal P Bars and Taverns P P Bed & Breakfast C Body Shop C C Boat Sales C Book Store P Bowling Center P P ' Building Supply Center P P Car Wash P Cemetery Churches I I I I I Clothing rental P Clubs and Lodges/ Golf Club P Coin operated service machines P Cold Storage C Commercial Communication Tower C C Commercial Kennels C Commercial Stables C Community Center P P P P Consumer Electronics and Appliance Store P } Concrete Mixing Plant Contracting Yard Convenience Store with gas pumps C C C C Convenience Store without gas P P P P A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use City of Chanhassen Zoning Use Matrix 1/19/2011 A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use RICT CLASSIFICATIONS BN BH CBD CC BG BF Convention and Conference Facility P Costume rental p Cultural Facility p Day Care Center P P P p Day Care Center (12 or less) Department Store 'Dock Drive -in Banks C Drug Store p Electric Substation Emission Control Testing Staton C Entertainment p Equipment Rental C Farmers Market I I Fast Food Restaurant C P P/C P Financial Institution p p p Fire Station Food Processing Funeral Home p p Garage Garden Center C P P "Golf Course Golf Driving Range 1 Grocery Store p Group Home (6 or less persons) `Group Home (7 - 16 persons) Hardware Goods p Health and Recreation Club, instruction and s P P , Health Care Facility p p Health Services (* outpatient only) p P P* P P `Hobby, Toy or Game Store p 3 Home Furnishings P P Home Improvement Trade p Home Occupations Hospitals Hotel p p Indoor Health & Recreation Club Laundry and garment services including self -s, P Library Light Industrial Liquor Store i p A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use City of Chanhassen Zoning Use Matrix 1/19/2011 A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use RICT CLASSIFICATIONS BN BH CBD CC BG BF Locker rental P Lumber Yard Major Auto Repair & Body Shops C C Manufactured Home Mineral Extraction Miniture Golf P P C Model Home Motel P P Motor Freight Terminal Motor Fuel Station C C C C Multi- family Dwelling p Museum Newspaper Offices P P Nursing Homes Offices P P P P P Office Equipment and Supply p Off- premise Parking Open Space p Outdoor Health & Recreation Club Outdoor Storage C C C I Parking Lot (Structure) A A A A A A ' Parking Ramps (Structure) P A Personal Services P P P P Petting Farm Photographic studios P Post Office Print Shops p p Private Clubs and Lodges P P P Private Kennel Private Parks p Private Stable Public Parks p Public Parks /Open Space p Public Recreational Facility p Quilting and scrape booking P Recording Studio Recreational Beach Lot Recreational Vehicle Sales C Research Lab Retail Sales P Riding Academies A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use City of Chanhassen Zoning Use Matrix 1/19/2011 A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use RICT CLASSIFICATIONS BN BH CBD CC BG BF Roadside Stand Schools P Senior Housing P P Sewing and Frabric Store P Shoe repair shops and shoeshine parlors P Shopping Center P P P Signs A A A A A A Single- family dwelling P Small Appliance Repair P P Small Vehicle Sales C Specialty Retail P P P Sporting Goods sale /rental P P Standard Restaurant C P P P Storage building Supermarket C P Swimming pool Tatoo & body art and piercing services (MS 14 P Temporary Classroom structures Temporary Outdoor Display A A A A A Temporary Outdoor Sale & events A A A A A Temporary Real Estate Office Tennis court Theatrical producers and services P Townhouse Towers C C Truck Sales C Truck/Trailer Rental C "Two- family Dwelling Utility Services P P P A P C Veterinary Clinic P P Vocational School Warehousing C Wedding chapel P Wholesale Nursery P A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use