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6. Commercial District Uses Discussion- I 1VT MEMORANDUM Staff conferred with the City Attorney regarding this issue. It is the City Attorney's Phone: 952.227.1140 TO: Planning Commission CITY OF . Neighborhood Business (BN), CHANHASSEN FROM: Bob Generous, Senior Planner Park &Recreation • Fringe Business (BF). Phone; 952.227.1120 DATE: August 17, 2010 7700 Market Boulevard During the May 18` meeting, the Planning Commission requested that staff present PO Box 147 Chanhassen, MN 55317 SUBJ: City Code Amendment Issue Paper Senior Center Chapter 20, Zoning, Highway and Business Services District Phone: 952.227.1125 And Neighborhood Business District Administration Commercial District Uses Discussion Phone: 952.227.1100 will be required to make changes to this chapter. 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 Commercial (CC) District was adopted to permit "Big Box" users. Engineering Phone: 952.227.1160 On April 6, 2010, staff presented an issue paper to the Planning Commission Fax: 952.227.1170 pertaining to permitted uses within Commercial Zoning Districts: Finance Staff conferred with the City Attorney regarding this issue. It is the City Attorney's Phone: 952.227.1140 • Central Business District (CBD), Fax: 952.227.1110 . Neighborhood Business (BN), • Highway and Business Services (BH), and Park &Recreation • Fringe Business (BF). Phone; 952.227.1120 Fax: 952.227.1110 During the May 18` meeting, the Planning Commission requested that staff present 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 the use of a broad 2310 Coulter Boulevard term such as "Personal Services" would permit a use that may be undesirable within a Phone: 952.227,1400 specific district. The question raised was: If a broad category is used, can certain uses Fax: 952.227.1404 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 some flexibility, many different uses can arguably be considered to be a "Personal Public Works Service" and would have to be permitted under that description. 1591 Park Road Phone: 952.227.1300 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: 952.227.1110 The Planning Commission has review responsibility for Chapter 20. A public hearing will be required to make changes to this chapter. Web Site wwaci.chanhassen.mn,us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Commercial District Uses Discussion August 17, 2010 Page 2 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 district are the uses appropriate? Are there uses that should be added or deleted from the districts? Based on the previous discussions and the opinion of the City Attorney, the individual uses under the general classification, i.e. shoe store, stationary store, barber shop, hardware store, should be listed: 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. Staff is requesting input and guidance with regard to uses permitted in the BH and BN districts. Staff has supplied some recommendations which are shown in strike- thru/bold format as part of the attached district. 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 don't feel are appropriate in the districts. Based on that feedback, additional districts will be presented as discussion items and public hearings for code amendments and recommendations will be scheduled. Attached for your reference is the matrix of the current uses within each zoning district. 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) Intent and Uses. 2. Lists of specific uses under general categories (BH). 3. Neighborhood Business District (BN) Intent and Uses. 4. Lists of specific uses under general categories (BN). 5. Districts Uses. gAplan \city code\2010 \uses \pc memo issue paper 8- 17- 1O.doc- l0.doc 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 • Antennas • Apparel Sales • Car Wash • Community Center • Convenience Center w/o Gas Pump • Day Care • * *Financial Institution ** • * *Personal Services ** • Funeral Home • * *Health Services ** • * *Hotel /Motel ** • Liquor Store • Miniature Golf • * *Offices ** • Private Clubs and Lodges • Restaurant, Fast Food • Restaurant, Standard • Shopping Center • * * SpeGialty Retail Sales ** • Utility Services Accessory Uses • Parking Lot (Structure) • Temporary Outdoor Sale • Signs Add • Parking Ramps (Structure) Conditional Uses • Auto Rental Facilities • * *Auto Services ** • Automotive Repair /Body shop • * *Towers ** • Convenience Store with Gas Pumps • Garden Center • Motor Fuel Station • Outdoor Storage • Small Vehicle Sales • Supermarket? Delete Motel Add • Book Store • Drug Store • Off Premise Parking? • Schools? • Sewing and Fabric Store? • Stationary Store • Veterinary Clinic NOTE: ** Signifies the broad description Delete • Bedy Shep • €missienGentrel Testing can Interim Uses • Churches • Farmers Market BH District G: \PLAN \City Code \2010 \Uses \Uses BH Am Business Highway (BH) District Personal Services (Group 72) Power laundries, family and commercial Garment pressing Linen supply Coin - operated laundries and drycleaning Laundry and garment services Photographic studio Beauty shops Barber shops shoe repair shops and shoeshine parlors Funeral service and crematories Tax return preparation Miscellaneous personal services Babysitting bureaus Bartering services Birth certificate agencies Blood pressure testing Buyers club Car title and tag serive Clothing rental Coin - operated service machine operation College clearinghouse Comfort station operation Costume rental Dating service Debt counseling Page 1 of 2 Business Highway (BH) District Personal Services (Group 72) Diet workshop Electrolysis (hair removal) Hair weaving and replacement Locker rental Marriage bureau Massage parlor Porter Service Quilting Restroom operation Scalp treatment service Shopping service Tanning salon Tatoo parlor Wedding Chapel Page 2 of 2 Business Highway (BH) District 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 Business Highway (BH) District 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 Coin - operatyed amusement devices Amusement parks Membership sports and recreation clubs Miscellaneous sports, amusement and recreation services: amusement concessions amusement rides animal shows archery ranges astrologers billiard parlors bingo parlors Bridge club Card rooms Carnival operations Day camps Exhibit operations Exposition operation Fairs Fortune Teller Gocart raceway operator Page 1 of 2 Business Highway (BH) District Amusement and Recreational Services (Group 79) Miniture golf courses Gymnastics instruction Ice skating rink Judo instruction Karate instruction Moped rental motorcycle rental Phrenologists Roller skating rink Scuba and skin diving school Shooting galleries Shooting ranges Sporting goods rental Sporting instruction Waterslide operator Wave pools Wax figure exhibit Yoga instruction Page 2 of 2 Neighborhood Business District (BN) The intent of the "BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. Permitted Use Accessory Use • Antennas • Community Center • Convenience Store w/o Gas Pumps • Day Care Center • * *Health Services ** • * *Personal Services ** • * *Offices ** • Private Clubs and Lodges • Sma ApplianG Repair Services • Shopping Center • " Speeialty Retail Sales ** • Sporting Goods Sale /Rental • * *Veterinary Clinic ** • Utility Services Add • Bakery • Book Store • * *Financial Institution ** • Meat Market • Restaurant, Fast Food • Restaurant, Standard • Stationary Store NOTE: ** Signifies the broad description • Parking Lot (Structure) • Signs • Temporary Outdoor Sale Conditional Use • Bed & Breakfast • Convenience Store w/ Gas Pumps • Motor Fuel Station Delete • Interim Use • Churches BN District G: \PLAN \City Code \2010 \Uses \Uses BN.doc Neighborhood Business (BN) District Personal Services (Group 72) Garment pressing Coin - operated laundries and drycleaning Laundry and garment services Photographic studio Beauty shops (salon) Barber shops shoe repair shops and shoeshine parlors Miscellaneous personal services Babysitting bureaus Bartering services Blood pressure testing Debt counseling Diet workshop Electrolysis (hair removal) Hair weaving and replacement Quilting Shopping service Tanning salon Page 1 of 1 Neighborhood Business (BN) District 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 Neighborhood Business (BN) District Amusement and Recreational Services (Group 79) Dance studios, schools and halls Physical fitness facilities Miscellaneous sports, amusement and recreation services: astrologers Fortune Teller Gymnastics instruction Judo instruction Karate instruction Scuba and skin diving school sporting goods rental Sporting instruction Yoga instruction Page 1 of 1 City .,;:hanhassen Zoniii Use Matrix 1/8/2010 CLASSIFICATIONS SIC CUP Section A -2 RR RSF R4 RLM R8 ZONING R12 DISTRICT R16 BN BH CBD CC BG BF 0I IOP jAccessory Agricultural Building See Definition N/A A (Adaptive Reuse 1542 20 -282 IA riculture See Definition N/A P P C Animal Hos ital 0742 N/A P Antennas See Sec. 20.1500 Ch.20, Art. P P P P P P P P P P P A P P j Apparel Sales 56 N/A P P P P P P P A jArboretum 8422 N/A P 'Arts & Crafts Supply Store :Auto Rental Facilities 751 20 -284 P Auto Service Center 753 20 -283 C C C 'Automotive Dealers 5511, 5521, 5531, 5551, 20 -283 C p i (Automotive Parts & Accessories C C Automotive Repair Shops 1753- C P Automobile Sales 5511 20 -283 C P/A Automotive Teller Machines (ATM) I C C Bars and Taverns 5813 N/A A Bed & Breakfast 7011 20 -252, 20 -285 I C P P ; Body Shop 7532 20 -302 C C P Boat Sales 5551 20 -283 C !Book Store Bowling Center 7933 N/A P P {Building Supply Center 5211 N/A P !Car Wash 7542 N/A P P P 1 Cemetery 6553 20 -253, Ch. 8 C Churches 8661 20 -254, 20 -286 C C C C C C C C I I I 1 1 P I Clubs and Lodges/ Golf Club 7997 N/A p Cold Storage 4225 NA °Commercial Communication Tower Ch. 20, Art. XXX NA C C C C C C C C C C Commercial Kennels 0752 20 -255, 20 -287 I I C C C Commercial Stables 0752 20 -255, 20 -287 I I I C I Community Center See Definition N/A P P P P C !Consumer Electronics and Appliance Store P !Concrete Mixing Plant P Contracting Yard 17 include landscaping 20 -289 I !Convenience Store with gas pumps 5411 20 -290 C C C 'Convenience Store without gas 5411 N/A C C 'Convention and Conference Facility See Definition N/A P P P P 1 (Cultural Facility 8412 N/A P P I I'Day Care Center 8351 20 -256, 20 -291 1 C C C C P P P P P , jDay Care Center (12 or less) 8351 20 -256, 20 -291 P P P P P A/C 'Department Store 5311 N/A ;Dock See Definition N/A A A. A A A A A P ;Drive -in Banks 60 20 -292 C {Drug Store Electric Substation See Definition 20 -257 C P _ C g: \plan \bg \city code\zone revised.xis A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use City u Chanhassen Zon g Use Matrix 1/8/2010 � !C LASSIFICATIONS ZONING DISTRICT SIC CUP Section A -2 RR RSF R4 RLM R8 R12 R16 BN BH CBD CC BG BF OI IOP Emission Control Testing Staton 7549 20 -293 C Entertainment 79? N/A E ui ment Rental 735? 20 -294 P P Farmers Market 5431 20 -295 I I C Fast Food Restaurant 5812 20 -296 C P 1 P/C P ni ancial Institution 62 N/A !Fire Station 9224 N/A p p P Food Processing 203,205, 206,208,209 20 -297 P Funeral Home 17261 N/A C Garage ISee Definition N/A A A A A I A A A A p P P Garden Center 1526 20 -298 C P P ;Golf Course 17992 20 -258 C (Golf Driving Range 17999 20 -259 I Grocery Store I I I Group Home (6 or less persons) 1 8361 20 -260 P P P P P P Group Home (7. 16 persons) 8361 20 -260 C C C C C Hardware Goods 5251 N/A Health and Recreation Club 7991,7997 N/A P_ P Health Care Facility See Definition 20 -261 C C p P P Health Services 80 20 -261 C C P P P P P P P P Hobby, Toy or Game Store Home Furnishings 57 N/A p P 'Home Improvement Trade See Definition 20 -299 p p Home Occupations See Sec. 20- 976.20 -985 N/A A A A A A A A A P C (Hospitals 806 N/A ;Hotel 7011 20 -300 p p P C Indoor Health & Recreation Club 7991 N/A ,Library 8231 N/A P Light Industrial Definition 22- 25,27,28 ?, N/A P Liquor Store 5921 N/A p p P Lumber Yard 5031 20 -301 Major Auto Repair & Body Shops 7532 20 -302 C Manufactured Home 2451 BId . Code I C C P !Mineral Extraction 14 (Ch. 7, Art. III) 20- 262,20 -303 I IMirulture Golf 7999 20 -259 I p Model Home See Definition 20 -263 P P P P P P I C P C Motel 7011 20 -304 p P C ;Motor Freight Terminal 421 20 -305 ;Motor Fuel Station 554 20 -282 C C C Multi - family Dwelling See Definition - Change N/A p p p p C C 'Museum 8412 N/A p Newspaper Offices 2711 N/A P Nursing Homes 805 N/A P P i Offices See Definition N/A p p p P P P P Office Equipment and Supply P 'Off- remise Parkin 7521 Possibl ex and N/A P P g: \plan \bg \city code\zone revised.xls A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use City of Chanhassen Zoning Use Matrix 1/8/2010 g: \plan \bg \city code\zone revised.xls A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use _ ... ._._..__ _., ZONING ._____— DISTRICT __...._.____r _ C ASSIFICATI NS SIC CUP Section A -2 RR RSF R4 RLM R8 R12 R16 BN BH CBD CC BG BF OI IOP ! Open Space See Definition NA P P P P P P P P P P Outdoor Health & Recreation Club 7991 NA C Outdoor Storage See Definition 20 -308 C C C I C ;Parking Lot (Structure) N/A A A A A A A A A (Parking Ramps (Structure) N/A A A A ;Personal Services 72 N/A P P P P P Petting Farm See Definition 20 -264 I Post Office 4311 N/A P Print Shops 275 N/A P P P Private Clubs and Lodges 7041 N/A P P P Private Kennel See Definition See. Ch 5 A A A C/I Private Parks See Definition N/A P P P P P P P P P P Private Stable Ch. 5 Division 2 20 -265 A C I !Public Parks See Definition N/A P P P P P P P P P P Public Parks /Open Space N/A P P P P P P P P P P Public Recreational Facility See Devinition N/A P P P P P P P P P P iRecording Studio 7389 N/A P ,Recreational Beach Lot 20 -266 C C C C C C C Recreational Vehicle Sales 5561 20 -283 C Research Lab 8731 20 -307 C Riding Academies 7997 20 -255 I Roadside Stand 543 N/A A A Schools 8211 N/A P P Senior Housing See definition N/A P P Sewing and Frabric Store P Sho ping Center 6512 N/A P P P Signs See Definition N/A A A A A A A A A A A A A A A A A Single-family dwelling See Definition N/A P P P P P P Small. Appliance Repair 7629 N/A P P Small Vehicle Sales See Definition 20 -309 C S ecialty Retail 56, 59,5912 N/A P P P P !Sporting Goods sale/rental 5941 NA P (Standard Restaurant 5812 NA C P P P (Storage building See Definition N/A A A A A A A A 'Supermarket 5411,54 20 -310 C P P S winuning pool See Definition N/A A A A A A A A A I emporary Classroom structures See Definition 20 -311 1 ':.Temporary Outdoor Display Temporary Permit 20 -312 A A A A A A !Temporary Outdoor Sale Temporary Permit 20 -312 A A A A A A ITemporary Real Estate Office NA P P P P P P I C Tennis court N/A A A A A A A A A ; Townhouse See Definition N/A P P P ;Towers Ch. 20, Art. XXX Ch.20, Art.XX> C C C C C C C C C C C C ;Truck Sales 20 -283 C +Truck/Trailer Rental 7513, 7353, 20 -284 C ;Two•fa Dwelling Se Definition N/A P P P P g: \plan \bg \city code\zone revised.xls A- Accessory Use, C- Conditional Use, I- Interim Use, P- Permitted Use City of Chanhassen Zoning Use Matrix 1/8/2010 i _ ___ _ 1___ ZONING 6_1S_TA_1CT - CLASSIFICATIONS sic CUP Section A-2 RR RSF R RLM R8 R12 R16 BN BH CBD CC BG BF 01 IOP 'Utility Services 4939 NA p P P P p p p p p p p A p C p !Veterinary Clinic 0742 N/A p p Nocational School .......... . ... .... .. ... . ............ . .. ........ .... .......... .. .... - ..... .. .... . .. . .......... . ....... . . . ... 1 ! Warehousing Wholesale 8249 . ...... 4225 5193 N/A ........ ... . . NA 20-268 ... 1 ...... . . ........ . . ........ . .......... ... . ........ . ..... .... .... . ..... P p g:\plan\bg\city code\zone revised.xIs A-Accessory Use, C-Conditional Use, I-Interim Use, P-Permitted Use