2. Central Business District Uses Code Amendment4
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: 952227.1130
Fax: 952.2271110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952,227.1310
Senior Center
Phone: 952.227.1125
Fax: 952227.1110
Web Site
wwad.chanhassen.mn,us
MEMORANDUM
TO: Planning Commission
FROM: Bob Generous, Senior Planner
DATE: August 17, 2010
SUBJ: City Code Amendment
Chapter 20, Zoning, Central Business District
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that the City Council
approve the ordinance amendment to Chapter 20 of the Chanhassen City
Code pertaining to the Central Business District Uses."
The Planning Commission has review responsibility for Chapter 20. A public
hearing is required to make changes to this chapter.
BACKGROUND
In 2008, staff began reviewing the uses in each commercial district. The intent
was to insure the uses in each district were current and appropriate. In 2009, the
Community Commercial (CC) District was adopted to permit "Big Box" users.
On April 6, 2010, staff presented an issue paper to the Planning Commission
pertaining to permitted uses within Commercial Zoning Districts:
• Central Business District (CBD),
• Neighborhood Business (BN),
• Highway and Business Services (BH), and
• Fringe Business (BF).
On May 18, 2010, staff presented a discussion item regarding the uses in all of the
commercial districts. The discussion highlighted the issue that the use of a broad
term such as "Personal Services" would permit a use that may be undesirable
within a specific district. The question raised was: If a broad category is used, can
certain uses be prohibited?
Staff conferred with the City Attorney regarding this issue. It is the City
Attorney's opinion that the list of permitted, accessory, conditional, and interim
uses should be as specific as possible. While the intent of the category is to be
efficient and provide some flexibility, many different uses can arguably be
considered to be a "Personal Service" and would have to be permitted under that
description.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
Central Business District Uses
August 17, 2010
Page 2 of 5
During the May 18 meeting, the Planning Commission requested that staff present each district
individually for discussion beginning with the Central Business District (CBD).
On June 15, 2010, the Planning Commission reviewed the uses and created a list of uses
appropriate for the Central Business District.
a. This type of list itemizes the uses permitted in the district and prohibits those not
specified.
b. However, if a specific use is requested within a district that is not listed and is reasonable
for that district, the City Code will have to be amended to permit the use.
DISCUSSION
The 2030 Comprehensive Plan describes the Central Business District as follows:
"2.7.1 Central Business District
Definition/Vision: A business, commercial, office and residential district that provides a
comprehensive range of services at higher development densities and with greater variety of uses
in a compact, walkable environment.
The Central Business District has the greatest concentration of jobs, services, housing and civic
uses found in the City. Generally, the City's highest density development is found in the Central
Business District area. Other development- supportive infrastructures such as parking garages are
more likely to be found downtown than in other land use districts.
A combination of convenience commercial, civic uses and attractive walking paths promote
interaction and multiple trips among shoppers, visitors and residents. New development in this
district is encouraged to complement the mix and contribute to activity over an extended day,
and provide attractive, comfortable walking environments between varied uses.
Goods and Services Examples
• Residential
• Office
• Entertainment (Restaurants, Theaters, Music Venues)
• Retail, Grocery, Household Goods and Services
• Fitness Activities
• Hotels
• Health Services (Clinics)"
The intent of the commercial districts is to provide commercial and services opportunities to
residents, businesses, visitors, property owners and employees, to complement the various
commercial districts and to maintain the downtown (CBD district) as the commercial focal point
of the City. The intent of the CBD district is to provide for downtown business development
Planning Commission
Central Business District Uses
August 17, 2010
Page 3 of 5
supporting a strong central business district while enhancing the overall character of the
community in conformance with downtown redevelopment plan, goals and objectives.
Staff has also sent out a copy of the proposed changes to the Chanhassen Business Council to
solicit their comments and suggestions. Attached are the responses we received. Their primary
concern is that the ordinance should "provide an atmosphere which encourages business growth
and innovative concepts ". They recommend that we use more general terms, rather than being
specific and that we combine all similar uses. It was also suggested that we may want to rely on
amending the definition to help expand potential uses, e.g., change "retail sales" to "retail" and
expand to include renting items for use. Overall, their recommendation is to maintain the
greatest flexibility and inclusiveness, relative to uses, in the district regulations.
There was also a separate request that we include "auto repair" as a conditional use in the CBD.
While staff believes that use is not appropriate in the CBD and is available in the Business and
Highway Services District immediately south of downtown, we have forwarded the letter with
the packet. The property for which they are seeking this change is actually zoned Planned Unit
Development, PUD, and it would be under the PUD that the amendment should take place.
Based on discussions with the Planning Commission, staff has prepared a strike - though and bold
format to show the proposed changes to the uses. Personal services and entertainment have been
listed as separate, individual uses. Health services have been limited to outpatient only. Retail
sales have been listed as a general use.
Sec. 20 -732. Permitted uses.
The following uses are permitted in a "CBD" district:
(1) Antennas as regulated by article XXX of this chapter.
() Babysitting bureaus.
() Ballroom.
() Bands, orchestras, actors and other entertainers.
() Barber shops.
(2) Bars and taverns.
( ) Beauty shops.
(3) Bowling center.
( ) Clothing rental.
(4) Clubs and lodges.
() Coin - operated service machines.
() College clearinghouse.
(5) Community center.
(6) Convenience stores without gas pumps.
(7) Convention and conference facilities.
( ) Costume rental.
(8) Cultural facilities.
() Dance studios, schools and halls.
() Dating service.
(9) Day care center as part of shopping center.
Planning Commission
Central Business District Uses
August 17, 2010
Page 4 of 5
(10) Depaftm steFes
() Debt counseling.
() Diet workshop.
() Electrolysis service.
(12) Exhibit operation.
(12) Fast -food restaurants as part of shopping center.
(13) Financial institutions.
() Garment pressing.
() Gymnastics instruction.
() Hair weaving and replacement.
() Handball/racketball courts.
(14) ems.
(15) Health and recreation clubs.
(16) Health services, outpatient only.
(17) .
(18) Hotels.
(19) Liquar- stores.
() Locker rental.
() Martial arts instruction.
() Message therapy.
(20) Multiple - family dwellings, including senior citizen housing.
( ) Nail salon.
(21) Newspaper offices.
(22) Offices.
(23) Pe rson al se
() Parking ramp.
() Photographic studios.
() Physical fitness centers.
() Porter services.
(24) Print shops.
() Quilting.
() Retail sales.
() Scalp treatment services.
(25) Schools.
() Self - service laundries and drycleaning.
() Shoe repair shops and shoeshine parlors.
(26) Shopping center.
( ) Shopping service.
() Sporting instruction (camp or school).
() Sporting goods rental.
() Sports clubs
(28) Standard restaurants.
(29) &op
() Tanning salon.
() Tattoo and body art and piercing services. (MS § 146B)
Planning Commission
Central Business District Uses
August 17, 2010
Page 5 of 5
() Tax return preparation.
() Theatrical producers and services.
(30) Utility service.
() Valet parking.
() Wedding chapel.
() Yoga instruction.
Sec. 20 -733. Permitted accessory uses.
The following are permitted accessory uses in a "CBD" district:
(1) Parking lots and ramps.
(2) Signs.
(3) Temporary outdoor sales and events (subject to the requirements of Section 20 -312).
Sec. 20 -734. Conditional uses.
The following are conditional uses in a "CBD" district:
(1) Reserved.
(2) Freestanding fast -food restaurants.
(3) Reserved.
(4) Convenience store with gas pumps.
Sec. 20 -736. Interim uses.
The following are interim uses in the "CBD" district;
(1) Churches.
(2) Reserved.
(3) Farmers markets
RECOMMENDATION
Adopt the ordinance amendment to Chapter 20 of the Chanhassen City Code pertaining to the
Central Business District uses.
ATTACHMENTS
1. Ordinance amendment to Chapter 20, Zoning.
2. Memorandum from Vernelle Clayton to Bob Generous dated 8/5/10.
3. Email from Nancy Lipinski to Vemelle Clayton dated 7/30/10.
4. Letter from Doug Hanson to Bob Generous.
5. Memorandum From Bob Generous to Chanhassen Business Council dated 7/22/10
gAplan \city code\2010 \uses \pc memo cbd amendment.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20
ZONING
CHANHASSEN CITY CODE,
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20 -732 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Permitted Uses.
The following uses are permitted in a "CBD" district:
(1) Antennas as regulated by article XXX of this chapter.
(2) Babysitting bureaus.
(3) Ballroom.
(4) Bands, orchestras, actors and other entertainers.
(5) Barber shops.
(2 6) Bars and taverns.
(7) Beauty shops.
(-3 8) Bowling center.
(9) Clothing rental.
(4 10) Clubs and lodges.
(11) Coin - operated service machines.
(12) College clearinghouse.
(45-13) Community center.
(6-14) Convenience stores without gas pumps.
(7 15) Convention and conference facilities.
(16) Costume rental.
(9 17) Cultural facilities.
(18) Dance studios, schools and halls.
(19) Dating service.
(9 20) Day care center as part of shopping center.
40) Depai4ment stores.
(21) Debt counseling.
(22) Diet workshop.
(23) Electrolysis service.
(11) Entel4aiflffient-.
(24) Exhibit operation.
(4-2 25) Fast -food restaurants as part of shopping center.
(4-3 26) Financial institutions.
(27) Garment pressing.
(28) Gymnastics instruction.
(29) Hair weaving and replacement.
(30) Handball/racketball courts.
(1 n) 14 -1.. a ee a te
(45 31) Health and recreation clubs.
(46 32) Health services, outpatient only.
(4-7) Hex .
(4-8 33) Hotels.
(9)
(34) Locker rental.
(35) Martial arts instruction.
(36) Message therapy.
(20 37) Multiple - family dwellings, including senior citizen housing.
(38) Nail salon.
(24 39) Newspaper offices.
(22 40) Offices.
(41) Parking ramp.
(42) Photographic studios.
(43) Physical fitness centers.
(44) Porter services.
(24 45) Print shops.
(46) Quilting.
(47) Retail sales.
(48) Scalp treatment services.
(25 49) Schools.
(50) Self- service laundries and drycleaning.
(51) Shoe repair shops and shoeshine parlors.
(26 52) Shopping center.
(53) Shopping service.
(27) Sp lt e t a s-
(54) Sporting instruction (camp or school).
(55) Sporting goods rental.
(56) Sports clubs
(24 57) Standard restaurants.
(29 58) Sup .
(59) Tanning salon.
(60) Tatoo and body art and piercing services. (MS § 14613)
(61) Tax return preparation.
(62) Theatrical producers and services.
(30 63) Utility service.
(64) Valet parking.
(65) Wedding chapel.
(66) Yoga instruction.
OA
Section 2. Section 20 -733 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Permitted accessory uses.
The following are permitted accessory uses in a "CBD" district:
(1) Parking lots and ramps.
(2) Signs.
(3) Temporary outdoor sales and events (subject to the requirements of section 20 -312).
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this _ day of , 2010, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
g: \plan \city code\2010 \uses\amendment ordinance cbd uses.doc
3
NIClayton ASSOCIATES
August 5, 2010
TO: Bob Generous
FROM: Vernelle Clayton, Business Council Chair
Thank you for the opportunity for the Chanhassen Business Council to respond to your
request to review some potential changes to the list of permitted uses within the
Chanhassen CBD.
I have had some limited dialogue with some of our members and I have received the
enclosed emailed response from one of them. In my communication with the members, I
invited them to forward comments directly to you as well, so perhaps you already have
additional feedback.
First, the general consensus is that the list is confusing as to its content.
Next, my own observations are as follows:
1. The third paragraph under the heading Definition/Vision reads "A combination of
convenience commercial..." The insertion of the word "convenience" here is in conflict
with the gist of the two previous paragraphs and the district also accommodates
destination commercial. It would be a more consistent statement if the word
"convenience" were deleted.
2. We seem to be weaving a pretty complicated web in an effort to avoid strippers,
porn and prostitutes. I fully understand the attorney's recommendation; however,
prudent public policy needs to achieve a balance between regulation that would make it
perfectly clear that "personal services" does not include something undesirable and
ordinances that provide an atmosphere which encourages business growth and innovative
concepts. My preference would be that public policy would be weighted toward the
latter.
3. I also would try to limit the number of specific uses by being more general and by
combining as many as possible. The basis for that recommendation is twofold: A. The
list will be out of date as soon as someone thinks of a new service and it will certainly
e • p r:+!� �� � • �.���7�`� T �{,.. �e��e I .
be out of date long before 2030. B. If I have a new idea and want to locate my business
in Chanhassen but see that it is not on the list of things that I would be `permitted' to do
here, I would look to locate in Chaska, Eden Prairie, or any other city that did not have
such a limitation.
4. If the decision is made to proceed with the lengthy list, however, then here are a
few ideas that could keep the concept but still shorten the list a bit:
a. Under the definitions section of the Code, change the term to be defined from
"retail sales" to "retail" and then change the definition to "means establishment
engaged in selling or renting goods or merchandise to the general public for personal
or household consumption and rendering services incidental to the sale or rental of
such goods..." That would eliminate the need to try to come up with all the things
folks might want to rent. (While you're at it, I would delete the words "for personal
or household consumption". Could be they're consuming it in their business but
more to the point, why does the City care where the goods are consumed ?)
b. Combine cultural activities to include theater and music and avoid the awkward use
of "actors and other entertainers " —oops that male stripper, you know.
c. Get rid of all the one -time possibilities such as "diet workshop" and the ones that
could fall under `medical' such as "electrolysis service" and "scalp treatment
services"
d. I see that churches are listed as an interim use, but a wedding chapel can be here
100% of the time!
e. Get rid of all the uses that really belong under "Office" which is already defined.
"Tax return preparation" for example, is usually a business that is considered to be a
standard office use.
f. Why does it make sense to say that a group of folks can get together to do quilting?
What if a group of Norwegians wanted to get together to do rosemalling(sp)? Or at
Easter a group wanted to get together to do that fantastic egg decorating?
g. Are you intending to move parking ramps to the new list and remove them from
the Accessory list?
The more I go through the list the more committed I become to my conclusion that it's
just not a practical undertaking to list all the services that are currently permitted and that
might be permitted in the future. Politically, the emotional emphasis these days is
definitely on less government intrusion so timing -wise, perhaps something that looks like
more government control may not be such a good idea.
- - - -- Original Message---- -
From: Nancy Lipinski [ mailto:nancy @nancylipinski.com]
Sent: Friday, July 30, 2010 2:59 PM
To: 'Vernelle Clayton'
Subject: RE: CBD Uses
My questions are as follows:
1. cannot you just list 'porn' activities as not available?
2. why convenience store with gas pumps?
3. why would a day care have to be part of a shopping center?
4. what does the 'retail' category list - is this why so many other uses
were eliminated?
5. what is a 'standard' restaurant?
6. what about stores /services that haven't been invented yet - how can you
predict what services /retail will be required in 20 -30 years from now?
7. why only 'outpatient' heath services
8. I don't understand the Sec 20 -733 through 736 items.
Nancy Lipinski
Certified Public Accountant
Lipinski Accounting & Tax Services, LLC
470 West 78th Street Suite 225
Chanhassen, MN 55317
Office: 952 - 767 -3132
Fax: 952 - 906 -4006
email: nancy @nancylipinski.com
web: www.nancylipinski.com
IRS Circular 230 Disclaimer: The advice we provide in this email is not
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sender by reply and delete the message.
Doug & Steve Hansen
West One Properties
7900 — 7920 Kerber Blvd.
Chanhassen, MN 55317
Bob Generous
Senior Planner
City of Chanhassen
Re: Central Business District Use
Dear Bob,
Please consider very seriously to allow a conditional use of auto repair in the fringe area
of the central business district (such as ours). We are located behind Target loading area
and facing the loading areas of the shipping center (rear entrances). We are bordered by
Hwy 5 and the railroad tracks at the very end of Kerber Blvd. We were here before any
other buildings were built on Kerber Blvd. including the shopping center. We have
always been an industrial building.
There is always an immediate need for auto repair in the Central Business District (CBD)
as well as other areas. Please consider our unique location and the need for a well run
and clean auto repair business as a conditional use in the CBD.
Thank you.
Doug Hansen
Owner
7900 — 7928 Kerber Blvd.
Chanhassen, MN 55317
Doug (320) 796 -2643 Steve 612 - 369 -1909
MEMORANDUM
CITY OF
CHANHASSEN
7700 Market Boulevard
PC 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
TO: Chanhassen Business Council
FROM: Bob Generous, Senior Planner
DATE: July 22, 2010
SUBJ: Central Business District Uses
In 2008, the City began reviewing the uses in each commercial district. The City of
Chanhassen has been evaluating the zoning districts to determine whether the uses in
each district are appropriate and consistent with the City's 2030 Comprehensive Plan.
Staff is requesting input and guidance with regard to the uses permitted in the Central
Business District (CBD). Specifically, based on the intent of the district are the uses
appropriate? Are there uses that should be added or deleted from the CBD district?
Attached is a strike - through (item to be deleted) and bold (item to be added) format of
proposed revisions to the uses in the district.
On April 6, 2010, staff presented an issue paper to the Planning Commission pertaining
to permitted uses within Commercial Zoning Districts:
• Central Business District (CBD),
• Neighborhood Business (BN),
• Highway and Business Services (BH), and
• Fringe Business (BF).
On May 18, 2010, staff presented a discussion item regarding the uses within all of the
commercial districts. The discussion highlighted the issue that the use of a broad term
such as "Personal Services" would permit a use that may be undesirable within a specific
district. The question raised was: If a broad category is used, can certain uses be
prohibited?
Staff conferred with the City Attorney regarding this issue. It is the City Attorney's
opinion that the list of permitted, accessory, conditional, and interim uses should be as
specific as possible. While the intent of the category is to be efficient and provide some
flexibility, many different uses can arguably be considered to be a "Personal Service" and
would have to be permitted under that description. We, therefore, proposed deleting the
"personal service" category and adding individual personal services. However, on the
retail front, we are specifying retail sales, which are defined in the code, and delete the
individual retail uses to be more inclusive.
Please review the proposed changes and provide your comments and suggestions to me
Senior Center by August 5, 2010 at (952) 227 -1131 or bgenerous @ci.chanhassen.mn.us We are
Phone: 952.227.1125 scheduling this amendment for a public hearing by the Planning Commission on August
Fax: 952.227.1110 17, 2010. If you have additional questions or need more information, please contact me.
Web Site Thank you for your assistance.
www.ci.chanhassen.mn.us
ATTACHMENT
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
DISCUSSION
The 2030 Comprehensive Plan describes the central business district as follows:
"2.7.1 Central Business District
Definition/Vision: A business, commercial, office and residential district that provides a
comprehensive range of services at higher development densities and with greater variety of uses
in a compact, walkable environment.
The Central Business District has the greatest concentration o ,fob's, services, housing and civic
uses found in the City. Generally, the City's highest densit�de`yelopment is found in the Central
Business District area. Other development- supportive infra 4ures such as parking garages are
more likely to be found downtown than in other land use districts
A combination of convenience commercial, civie.uses and attractive WAlk ng paths promote
interaction and multiple trips among shoppers, visitors and residents Newdevelopment in this
district is encouraged to complement the mix and contribute tq activity over
an
extended day,
and provide attractive, comfortable vyalking environments be#een varied uses
Goods and Services Examples
• Residential
• Office
• Entertainment (Restatin is , Theaters, Music Venues)
• Retail, Grocery, Hot sb�old Good '',a Services
• Fitness Activities
• Hotels
• Health Services (M*s)"
The intent of the commerernl ristri&0 i to provide commercial and services opportunities to
residents, businesses, visitof`si ,,, rty owners and employees, to complement the various
commercial d1 cts and to m�iklain the downtown (CBD district) as the commercial focal point
of the City. The intent of the "CBD" district is to provide for downtown business development
supporting a strong cdh(ral business district while enhancing the overall character of the
community in conforrfitaa ee w .downtown redevelopment plan, goals and objectives.
Based on discussions with the planning Commission, staff has prepared a strike- though and bold
format to show the proposed changes to the uses.
Sec. 20 -732. - Permitted uses.
The following uses are permitted in a "CBD" district:
(1) Antennas as regulated by article XXX of this chapter.
() Babysitting bureaus.
() Ballroom.
() Bands, orchestras, actors and other entertainers.
() Barber shops.
(2) Bars and taverns.
( ) Beauty shops.
(3) Bowling center.
( ) Clothing rental.
(4) Clubs and lodges.
() Coin - operated service machines.
() College clearinghouse.
(5) Community center.
(6) Convenience stores without gas pumps.
7 Convention and conference facilities.
O Costume rental.
(8) Cultural facilities.
() Dance studios, schools and halls.
() Dating service.
(9) Day care center as part of shopping center.
(10) D epaAme stor es .
() Debt counseling.
O Diet workshop.
(12) Exhibit oper�t
(12) Fast -food re 4ufants as ;part of shopping center
(13) Financial institutions.
(1�
(1:
(1�
(1'
(1'
(1!
2
(1) Parking lots and ramps.
( Sighs''::;.
(3) Tempor.�y outdoor salesand eves (subject to the requirements of section 20 -312).
Sec. 20 -734. -
The following are conditional rises in a "CBD" district:
(1) Reserved.
(2) Freestanding fast -food restaurants.
(3) Reserved.
(4) Convenience store with gas pumps.
Sec. 20 -736. - Interim uses.
The following are interim uses in the "CBD" district;
3
(1) Churches.
(2) Reserved.
(3) Farmers markets