Loading...
2 Amend Arboretum Business ParkCiTY OF STAFF REPORT PC DATE: November 20, 2001 CC DATE: December 10, 2001 REVIEW DEADLINE: 12/21/01 PROPOSAL: LOCATION: APPLICANT: Consider a request for an amendment to the Planned Unit Development to allow uses as permitted in the Industrial Office Park (lOP) zoning district within the Arboretum Business Park. Southeast quadrant of Highways 5 and 41 Fred Richter Steiner Development, Inc. 3610 County Road 101 Wayzata, MN 55391 .! PRESENT ZONING: 2020 LAND USE PLAN: Planned Unit Development (Office Industrial Park), PUD Office/Industrial ACREAGE: 38.1 l.l.l SUMMARY OF REQUEST: The applicant is requesting an amendment to the Planned Unit Development to permit uses permitted in the IOP district on lots within the Arboretum Business Parle Notice of this public heating has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. Arboretum Business Park- PUD Amendment November 20, 2001 Page 2 PROPOSAL/SUMMARY The applicant is requesting an amendment to the PUD standards to permit Staff supports the amendment to the PUD standards to pmmit additional office industrial uses within Arboretum Business Park. The majority of the changes will affect lots that currently are developed or have received development approval for office-industrial uses. There are other vacant office/industrial properties with the Arboretum Business Park that are governed by the existing standards. Additionally, staff is proposing additional prohibited uses be listed. Staff is recommending approval of the amendment to the PUD standards as outlined below. BACKGROUND August 13, 2001, the city approved the amendment to the Planned Unit Development (PUD #92-6) to permit an Auto Services Center on the "Wrase" property with the stipulation that auto body repair is prohibited on the site, and On June 25, 2001, the city approved a site plan, #2001-6, for a 32,000 sq. ft. office/manufacturing building (Phase I) for Parker Hannifin Corporation on Lot 2, Block 1, Arboretum Business Park 2nd Addition. On July 26, 1999, the Chanhassen City Council approved an amendment to the PUD for Arboretum Business Park to permit a Church facility as an interim use in the building on Lots 3 and 4, Block 2, Arboretum Business Park 2nd Addition. On July 12, 1999, the City Council approved Site Plan #99-13, for a 59,990 sq. ft. office warehouse building (Building 111) on Lot 2, Block 2, Arboretum Business Park 2nd Addition. On June 22, 1998, the city approved a site plan for a 55,911 square foot building (All About Lights) on Lot 1, Block 2, Arboretum Business Park 3rd Addition and a 52,956 square foot building (On The Level) on Lot 1, Block 1, Arboretum Business Park 2nd Addition. On May 11, 1998, the City Council approved Arboretum Business Park 2nd Addition consisting of six lots and the right-of-way for Water Tower Place, formerly known as Coulter Boulevard, and a site plan for a 113,600 square feet office-industrial-warehouse buildings (Steiner Building 2). On July 28, 1997, the City Council approved the following: the ordinance for PUD #92-6 rezoning approximately 154 acres from Agricultural Estate, A2, to Planned Unit Development, PUD, and the PUD #92-6 granting final plat approval for Arboretum Business Park. On June 23, 1997, the City Council approved a Resolution that the AUAR be revised to incorporate the summary of issues and mitigation plan contained in this staff report, that the Arboretum Business Park- PUD Amendment November 20, 2001 Page 3 revisions to the Traffic Study prepared by SRF outlined in the staff report be incorporated into the study, and that the revised AUAR be adopted by the City. On June 9, 1997, the City Council approved site plan #97-6 for Heartland America, a 101,600 square foot office industrial building (Steiner Building 1) on Lot 3, Block 1, Arboretum Business Park. On May 27, 1997, the City Council approved the following: · Approved the first reading for'rezoning the property -frOm Agricultural Estate-, A2, to Planned Unit Development, PUD. Approved the preliminary PUD #92-6 for an office/industrial business park and preliminary plat approval for 12 lots, two outlots and associated right-of-way subject to the plans dated April 4, 1997, revised May 23, 1997,with conditions. · The City Council approved Wetland Alteration Permit for Gateway Business Park subject to the conditions of preliminary PUD #92-6 approval. · The City Council approved Interim Use Permit #97-1 for Gateway West Planned Unit Development site subject to conditions. As part of the overall PUD, up to 1,295,350 square feet was' evaluated within the Alternate Urban ' Area wide Review (AUAR), which was the environmental assessment performed for the development. Within this square footage, the following breakdowns were anticipated: commercial - 81,400 square feet, office - 371,800, and industrial/warehouse - 732,900. The prOposed amendments would still be required to stay within these thresholds. To date, the following square footages have been approved: commercial- 14,100, office- 125,000, and industrial -291,300 APPLICABLE REGULATIONS Arboretum Business Park Development Standards ANALYSIS The proposed amendment is in response to the developers attempt to lease existing buildings within the development. AS part of their request, they ask that the city permit uses similar to those in the Industrial Office Park district. While most of the uses from the IOP district are included, some are not addressed, some apply to specific properties, and others are prohibited. Staff believes that it is appropriate to differentiate the Arboretum Business Park from other industrial office parks. However, we also believe that some additional flexibility is appropriate. These mix of uses were to provide a synergy to the development, creating a sense of place. However, changing market conditions and demographics require that flexibility be built into the Arboretum Business Park - PUD Amendment November 20, 2001 Page 4 development. The applicant is requesting that the proposed amendment apply to Lots 3, 4 and 5, Block 1; Lots 1, 2, and 3, Block 4. Existing Design Standards b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different blocks and lots for which they are specified below. The blocks and lots specified below are those designated on the attached PUD plan. The block and lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the lots identified in the PUD plan. Light Industrial- The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) Warehousing- Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lots 1, 2, 3, 4, and 5, Block 4; and the Wrase property) Health Services- Establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot i, Block 3; and Lot 4, Block 4) Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5, Block 4) Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lot 1, Block 3; and Lot 4, Block 4) Hotel/Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services ~ Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Arboretum Business Park- PUD Amendment November 20, 2001 Page 5 Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant.) 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive up windows (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) - 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/01) Ancillary Uses (in conjunction with and integral to a primary use) 1. Fast Food (no drive-through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on-site provided_ that no more than 20 percent of the floor space is used for such display and sales [for entire - development]. (Amended 8/25/97) 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care. Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2nd Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited uses · Contractors Yard · Lumber Yard · Home Improvement/Building Supply Arboretum Business Park - PUD Amendment November 20, 2001 Page 6 Garden Center Auto related including sales and repair, except on the Wrase property (amended 8/13/01) Home furnishings and equipment stores General Merchandise Store Industrial Office Park District (lOP) district Permitted Offices Warehouses Light manufacturing Vocational School Health Services Printers Indoor Health and recreation clubs Body shops Utility services Recording Studios Off-premises parking lots Conference/convention centers Commercial antennas Permitted Accessory Uses Parking lots and ramps Signs Retail sales of products stored or manufactured on the site State licensed day care center Conditional Uses Communication transmission towers Public buildings Motor freight terminals Outdoor health and recreation clubs Screened outdoor storage Research laboratories Contracting yards Home Improvement trades Hotels and motels Food processing State-licensed day care centers as a separate facility State-licensed day care centers as part of a multi-tenant building Arboretum PUD permitted permitted permitted Not addressed permitted on specific parcels not addressed/not permitted permitted on specific parcels prohibited permitted on specific lots not addressed not addressed/not permitted permitted on specific lots ancillary use as conditional use permitted permitted ancillary use ancillary use ancillary use as conditional use not addressed/not permitted permitted under warehousing not addressed/not permitted not permitted per light manufacturing permitted under light manufacturing prohibited prohibited permitted on specific lots not addressed/not permitted permitted on specific lots permitted on specific lots/ancillary use Arboretum Business Park- PUD Amendment November 20, 2001 Page 7 Commercial towers ancillary use as conditional use Staff supports the following changes: Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3, 4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3 and 4, Block 4) *This amendment expands the area in which recreation health clubs are permitted to developed sites. Since these existing buildings are all multi-tenant spaces, the amendment will not encourage a single tenant user on these sites. Light Industrial- The manufacturing, compounding, processing, assembling, packaging, printing or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) *Staff had always assumed that printing would be classified as a light industrial use. The proposed amendment would clarify that such a use would be permitted within the development. Printing users would fit in to the economic niche already located in Chanhassen, e.g., Instant Web, Banta, etc. Recording Studio - Lots 3, 4 and 5, Block 1; Lots 2 and 3, Block 4. *Staff believes this type of use would be an appropriate tenant within a multi-tenant building. Staff recommends that we prohibit lots from developing as off site parking lots, vocational school, public buildings, screened outdoor storage, and food processing. *The vocational school and public building were never anticipated as a user within the Arboretum Business Park PUD. A outdoor storage and food processing industry is not really compatible with the corporate vision anticipated within the development. Additionally, there are potential visual, audio and olfactory issues associated with these uses. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions: "The Planning Commission recommends approval of the amendment to the Planned Unit Development (PUD #92-6) development design standards section b. as follows: Arboretum Business Park - PUD Amendment November 20, 2001 Page 8 b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light Industrial- The manufacturing, compounding, processing, assembling, packaging, printing or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) Warehousing - Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; Lot 1, Block 2; Lot 1, Block 3; Lots 1, 2, 3, 4, and 5, Block 4; and the Wrase property) Health Services- establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5, Block 4) Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lots 3, 4 and 5, Block 1; Lot 1, Block 3; and Lots 2, 3 and 4, Block 4) Hotel/Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Recording Studio - Lots 3, 4 and 5, Block 1; Lots 2 and 3, Block 4. Arboretum Business Park - PUD Amendment November 20, 2001 Page 9 Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. o . 5~ Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant.) Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) Banks, with or without drive up windows (Lots 1 and 2, Block: 1; Lot 1, Block 3; and LOt 4, Block 4) Day Care - establishments providing for the care and suPervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; LOt 1, Block 3; and Lot 4, Block 4) Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/01) Ancillary Uses (in conjunction with and integral to a primary use) . . . Fast Food (no drive-through and only in conjunction with and integral to a convenience store). Restaurant (only in conjunction with hotel/motel or convention/conference center). Showroom - showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales.[for entire development].. (Amended 8/25/97) Telecommunication Towers and Antennas by conditional use permit only. Car wash, in conjunction with convenience store. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2nd Addition. 2. The church congregation may not exceed 200 adult members. o Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited uses Contractors Yard · Lumber Yard · Home Improvement/Building Supply · Garden Center · Auto related including sales and repair, except on the Wrase property (amended 8/13/01) Arboretum Business Park - PUD Amendment November 20, 2001 Page 10 · Home furnishings and equipment stores · General Merchandise Store · Vocational School · Public buildings · Screened outdoor storage · Food processing ATTACHMENTS o 2. 3. 4. Findings of Fact and Recommendation Development Review Application Arboretum Business Park Development Design Standards Public Hearing Notice and Mailing List Arboretum Business Park - PUD Amendment November 20, 2001 Page 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Steiner Development, Inc. for Amendment On November 20, 2001, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Steiner Development, Inc. for an amendment to the Planned Unit Development to permit uses as outlined in the Industrial Office Park District. The Planning Commission conducted a public hearing on the proposed amendment preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: 1. . a) b) FINDINGS OF FACT The property is currently zoned Planned Unit Development, PUD. The property is guided in the Land Use Plan for Office/Industrial use. The legal description of the property is: Arboretum Business Park, Arboretum Business Park 2nd Addition and Arboretum Business Park 3rd Addition. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed use is or will be compatible with the present and future land uses of the area. Arboretum Business Park- PUD Amendment November 20, 2001 Page 12 c) The proposed use conforms to all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report # 92-6 PUD dated November 20, 2001, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the amendment as outlined in the staff report. ADOPTED by the Chanhassen Planning Commission this 20th day of November 2001. CHANHASSEN PLANNING COMMISSION ATTEST: BY: Its Chairman Secretary g:Xplan\bgXarboretum busines parkXamend PUD (lOP uses).doc 10/22/01 13:42 FAX 08/BZ/O1 09:S~:4B 9524737058 G~Z-937-5739-> STEINER DEVELOPMENT 9524737B58 INC. 002 Page ~2 CITY OF CHANHABBEN 690 COULTER DRIVE CHANHASSEN, MN 0s12) DEVELOPMENT REVIEW APPLICATION TELEPHONB (~V ~) ~r~ ~ ~~ TELEPHONE: · i ADDRESS; .-..~, _ Comprehensive Plan Amendment . _ Temporary Sa;es Permit Conditional IJee Permit ; Interim Use Permit Non-oonfotmlng Use Parmlt · - · Planned Ud. lt~De~,~)opment'/ __ Rezonlng .. , _, Vacation of ROW/Easemen~ .- __ Wetland Altoratlon Permit ___ Zoning Appea[ ., · __ Zonlng Ordinance Amendment Sign Permlm .. Sign Plan Review -.--. Notification Sign Site Plan Review' -. Subdivision" .. ~ Ea3row for Filing Fees/Attorney Cost" ($50 CU P/$PRNACNAR/WAP/Me tee and Bounds, S400 Minor SUB) . TOT~ FEE $_ /~ ~ .- A list of all p~pe~ ownem within ~ foot of the boundlHea of ~e pmpe~ murat be Included with the appll~tlon. Building mit~rlal eamples must be ,ubmltted wlth ere plan reviev,~, "Twent:v-slX full/Iz$ foide~ ooplaa et'the plans muet be submitted, Including an 8%" X ~I" reduced copy of transparency' for each plan ahaeL ~ Esorow wlll be required far other appjlcaUon~ through tho development ~ontmot NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 10/22/01 13:42 FAX 9524737058 -- OB/OZ/B1 B9'55'04 612-9:37-5739-> STEiNER DEvELoPbIENT INC. gSZ4737BSB 003 ?ag~ 002 PRESENT ZONING.. ,,~//.,~ · REQLJE~FED ZONINO PRESENT LAND 0SE dESIGNATION tREQUFSTED LAND' US~ DESIGNATION This application mast belicompleted In full and be typewritten or deafly printed and muat be accompanied by all Information and pl~ns required ~bY ap~lloablo CIty Ordinance provisions. Before filing this application, you should confer with the Planning,. Department to cletel'n~nm'the specific ordinance end procedural requiremsnt~ applicable to you{' appllcaUon. ,. A determination of ¢ompi,atenes$ of the application shall De mad~ within tan bualness days of application submitIai. A wM~en notice of application deficiencies shall be mailed to the applicant within ten business days of application. This Is to certify that I am:: making application fc~r the described action by the City and that I am reaponslble for c~mplylng with all City requlrementt~ with regar~i to this request. This'application ahould be processed In my name and I em the party whom the Cib/ ahould ooMta, ct r~gardlng any matter pertaining .to this application. I have at'taohed a c~py of proof of ownership (either copy of Owner's Duplicate Certl~cate of Title, AbsIract of T~tle or purchase agreement), or I am the authorized person to make this application amd the fee owner hca also signed this application, I will keep myself jn~rrrled of the deadlines for submission of material and the progress of thi~ appllcaUon. I further understand tiler adcltUonal fees may be charged for c~n~ultlng fees, f~asiblIlty studies, ere, with an estimate prior to any authorization to prooeed with the study. The documonis and Information I have submitt,,,d ara ~rue and'correcl; Jo the beat of my I<nowleclgm, The cW hereby notifies the applicant that development review cannot be c~mpleted within 80 days due to public hearing requirements and agency review. Therefore, tho c~ Is notifying the applicant that the city rnqulres an automaUc ~0 day extension for dnvel~pmei~ review. Dovelopmen~ review shall be completed within 120 days unless additional review Da~ '-- Eeceipt No. The applicant should contact st~ff for a copy of tho mtaff report whloh will be available on Friday prior to the meeting. If not contactmd, a copy mi' the report will be mailed io tho appIIcar~'.s ,addmsm, 10/22/01 13:43 FAX 9524737058 STEINER DEVELOPMENT INC. ~004 Steiner ....... [-~--':'~ ~.~...~;-~--C--..~'.~..~_ ~'-' -.~ - ~ Development, Inc. 3610 County Road 101 Wayzata, MN 55391 (952)473-5650 Fax (952)473-7058 October'15, 2001 Todd Gerhardt City Manager City of Chanhassen P.O. Box 147 Chanhassen, Minnesota 55317 FAX: 952 937 5739 RE: Arboretum Business Park PUD Amendment Dear Todd: Steiner Development would like to request more latitude in the permitted uses on several of the lots ( Bldg 1, Bldg 2, Bldg 3 and lots 1-Block 4, and Lot-Block 2) in Arboretum Business Park. We would' like language similar to the lOP District, which broadens the uses compared to the existing language that only permits Light Industrial, Warehousing and Office. We are presently negotiating with a tenant for our third building which is an office recreation use with a portion of the business providing athletic instruction and batting cages etc. to the local school districts. We are constantly seeing a variety of users that more closely reflects the language of the lOP District and would like to be able to quickly respond to these opportunities without having to apply for conditional use permits etc. Attached is information from our PUD and the lOP District for your reference. I will contact you to determine City Staff's recommendation as to how we should proceed. Thank you for cooperation in this matter. Sincerely, STEINER DEVELOPMENT INC. ~er Gerhardt.docP:~rojects\Chan 5 & 41-Phase 2\Gerhardt.doe 10/22/01 13:43 FAX 9524737058 STEINER DEVELOPMENT INC. ~005 CITY CODE Chapter 20 ZONING* ARTICLE XXII. "lOP" INDUSTRIAL OFFICE PARK DISTRICT Sec. 20-811. Intent. Sec. 20-811. Intent. The intent of the "lOP" District is to provide an area identified for large scale light industrial and commercial planned development. (Ord. No. 80, Art. V, § 16(5-16-1), 12-15-86) Sec. 20-812. Permitted uses. The following uses are permitted in an "lOP" District: (1) Offices. (2) Warehouses. (3) Light manufacturing. (4) Vocational school. (5) Health services. (6) Printers. (7) Indoor health and recreation clubs. (8) Body shops. (9) Utility services. (10) Recording studios. (11 ) Off-premises parking lots. (12) Conference/convention centers. (13) Commercial antennas as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 16(5-16-2), 12-15-86; Ord. No. 240, § 21,7-25-95; Ord. No. 259, § 27, 11-12-96) Sec. 20-813. Permitted accessory uses. The following are permitted accessory uses in an "lOP" District: (1) Parking lots and ramps. (2) Signs. (3) Retail sales of products stored or manufactured on the site provided no more than twenty (20) percent of the floor space is used for retail sales. (4) State-licensed day care center. (Ord. No. 80, Art. V, § 16(5-16-3), 12-15-86; Ord. No. 93, § 1, 7-25-88) Sec. 20-814. Conditional uses. 10/22/01 13:43 FAX 9524737058 STEINER DEVELOPMENT INC. 006 EXHIBIT "C" ARBORETUM BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards ]%. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo- composite images'of proposed development adjacent to Highways 5 and 41 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below if they are ancillary to a principal use on the individual lot. Commercial/retail uses are prohibited except those uses specifically noted below. B. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. ffh~ Industrial- The manufacturing, compounding, processing, a~o~,~ling, p~ckaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot !, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) CarohousinTM - Means the commercial storage of merchandise and ~rsnnat property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) 10/22/01 13:43 FAX 9524737058 STEINER DEVEL~0PI~IENT INC. /'l'Offic~ ' Professional and business office. (Lots 1, 2, 3, 4, and ~.~, Blockl; Lot t, Block 2; Lot 1, Block 3; Lotsl, 2, 3, 4, and 5, Block 4; and the Wrase property) ~007 Health Services - Establishments primarily engaged in furnishing medical, .surgica! and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center -.Establishments designed to accormmodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5, Block 4) Indoor Recrsation/Health Club - Establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical fitness conditioning. (Lot t, Block 3; and Lot 4, Block 4) Hotel/Motel - Establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots !, 2, and 3, Block 4; and the Wrase property) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant) . Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store) . Banks, with or without drive up windows. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Day Care - Establishments providing for the care and supervision of infants and children on a daily basis. i and 2, Block t; Lot 1, Block 3; and Lot 4, Block 4) (Lots Ancillary Uses (in conjunction with and integral to a primary use) 10/15/01 14:01 FAX 9524737058 STEINER DEVELOP]~ENT INC. ~004/005 STATE HIQHWAY No. E ..,'./ d ARK OUTLOT ~ E~T~ MAT! ~ ~ARD P~ ~R~RY - ~ME~ c~ S~RU~ ~3' a NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 20, 200t AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Amendment to Planned Unit Development APPLICANT: Steiner Development LOCATION' Arboretum Business Park NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Steiner Development, is requesting for an amendment to the Planned Unit Development to Arboretum Business Park to revise the permitted uses within the development similar to the permitted uses in the Industrial Office Park district. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: if you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob 937-1900 ext. 141. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on November 8, 2001. × ~ ----.._._ ___ Arborett. ro Boulevar, --~ Future SU'eet 5 6 W 82nd St. ~- 82nip ,~ree~' ~ CITY OF CHANHASSEN C/O SCOTT BOTCHER 690 CITY CENTER EIRBOX 147 CHANHASSEN MN 55317 CENTURY 2000 PARTNERS LLP 3610 SOUTH HWY 101 WAYZATA MN 55391 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLD MINNEAPOLIS MN 55455 WATERTOWER PARTNERS LLC' PO BOX 265 WACONIA MN 55387 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLD MINNEAPOLIS MN 55455 ARBORETUM III REALTY PTRS LLP 3610 CO RD 101 WAYZATA MN -55391~ COEUR TERRA LLP 3610 SOUTH HWY 101 WAYZATA MN 55391 CITY OF CHANHASSEN CIO SCOTT BOTCHER 690 CITY CENTEREIRBOX 147 CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOTCHER 690 CITY CENTER EIRBOX 147 CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O SCOTT BOTCHER 690 CITY CENTER EIRBOX 147 CHANHASSEN MN 55317 CHASKA GATEWAY PARTNERS 3610 CO RD 101. WAYZATA MN 55391 CHASKA GATEWAY PARTNERS 3610 CO RD 101 WAYZATA MN 55391 CHASKA GATEWAY PARTNERS 3610 CO RD 101 WAYZATA MN 55391 CHASKA GATEWAY PARTNERS 3610 CO RD 101 WAYZATA MN 55391 CHASKA GATEWAY PARTNERS 3610 CO RD 101 WAYZATA MN 55391 CHANHASSEN ACQUISITIONS LLC 2036 WASHINGTON ST HANOVER MD 02339 EXHIBIT C Adopted 7/28/98 Amended 7/26/99 Amended 8/13/01 ARBORETUM BUSINESS PARK DEVELOPMENT DESIGN STANDARDS Development Standards Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. Photo- composite images of proposed development adjacent to Highways 5 and 41 shall be submitted as part of the review process. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below if they are ancillary to a principal use on the individual lot. Commercial/retail uses are prohibited except those uses specifically noted below. b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the City Council shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. Light htdustrial - The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise, vibration, smoke, dust or pollutants. (Lots 3, 4, and 5, Block 1; Lot 1, Block 2; Lots 1, 2, 3, and 5, Block 4; and the Wrase property) Warehousing - Means the commercial storage of merchandise and personal property. (Lots 3, 4, and 5, Block 1; and Lots 1, 2, 3, and 5, Block 4) Office - Professional and business office. (Lots 1, 2, 3, 4, and 5, Blockl; LOt 1, Block 2; Lot 1, Block 3; Lotsl, 2, 3, 4, and 5, Block 4; and the Wrase property) Health Services- establishments primarily engaged in furnishing medical, surgical and other health services to persons. (Lots 1 and 2, Block 1; Lot 1, Block 3; and Lot 4, Block 4) Conferences/Convention Center - establishments designed to accommodate people in assembly, providing conference and meeting services to individuals, groups, and organizations. (Lot 5, Block 4) Indoor Recreation/Health Club - establishments engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other physical _fitness conditioning. (Lot 1, Block 3; and Lot 4, Block 4) Hotel/Motel-establishments engaged in furnishing lodging, or lodging and meals, to the general public. (Lot 1, Block 3; and Lot 4, Block 4) Utility Services - Water towers and reservoir. (Lots 3, 4, and 5, Block 1; Lots 1, 2, and 3, Block 4; and the Wrase property) Commercial uses (permitted on lots specified as commercial in development standards tabulation box) 1. Restaurant, permitted on Lot 1, Block 3 or Lot 4, Block 4. (One stand alone restaurant.) 2. Convenience store with or without gas pumps, not to exceed 12,000 square feet, on Lot 1 or 2, Block 1, only. (One convenience store.) 3. Banks, with or without drive up windows (Lots 1 and 2, Block 1; LOt 1, Block 3; and Lot 4, Block 4) 4. Day Care - establishments providing for the care and supervision of infants and children on a daily basis. (Lots 1 and 2, Block 1; LOt 1, Block 3; and LOt 4, Block 4) 5. Auto service center, auto body repair is prohibited (Wrase) (amended 8/13/01) Ancillary Uses (in conjunction with and integral to a primary use) 1. Fast Food (no drive-through and only in conjunction with and integral to a convenience store). 2. Restaurant (only in conjunction with hotel/motel or convention/conference center). 3. Showroom - showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. [for entire development]. (Amended 8/25/97) 4. Telecommunication Towers and Antennas by conditional use permit only. 5. Car wash, in conjunction with convenience store. 6. Day Care Interim Uses (Amended 7/26/99) Church facilities, i.e., assembly or worship halls and associated office, meeting, and other required spaces, subject to the following criteria: 1. The church shall not occupy more than six percent (6%) of the one building on Lots 3 and 4, Block 2, Arboretum Business Park 2nd Addition. 2. The church congregation may not exceed 200 adult members. 3. Shall be reviewed and approved in accordance with the same procedures specified in the city code for conditional use permits. Prohibited uses Contractors Yard · Lumber Yard · Home Improvement/Building Supply · Garden Center · Auto related including sales and repair, except on the Wrase property (amended 8/13/01) · Home furnishings and equipment stores · General Merchandise Store Setbacks The development is regulated by the Highway 5 and the PUD Standards. There are no minimum requirements for setbacks on interior lot lines in the PUD zone. The following setbacks shall apply: Street Frontage Hwys. 5 & 41 Coulter & Century Boulevards 82nd & West Local Minimum Setback Maximum Setback Building/Parking Building/Parking 70/50 150 * 50/20 100 30/20 NA *Lot 5, Block 4, must only meet the maximum setback on one Highway frontage. The average hard surface coverage does not include Outlots A and B. The PUD standard for hard surface coverage is 70% for office and industrial uses. Any one site/lot can exceed the 70 percent requirement but in no case can the entire finished development exceed 70 percent. d. Development Standards Tabulation Box 1. Building Area LOT/USE ACRES Building Size/FAR PARKING (square feet) 82n Street Dedication 1.80 Interior Roadway 10.54_ Upland 16.6 30 Wetland 28.? Ponds 3.01 Lot 3, Block 1 10.02 131,006 262 Lot 4, Block 1 5.45 71,218 142 Lot 5, Block 1 4.41 57,688 115 Lot 1, Block 4 4.38 57,199 114 Lot 2, Block 4 5.40 70, 597 141 Lot 3, Block 4 8.98 117,371 235 Lot 1, Block 2 12.23 159,822 320 Lot 5, Block 4 23.20 (.4 FAR) 404,279 (3/1000) 1,213 Lot 1, Block 1 Lot 2, Blockl Lot 4, Block 4 Office/Hotel Lotl, Block 3 Restaurant/Office 1.80 11,746 / 23,520 (5/1000) 59 2.32 15,180 / 30,320 (4/1000) 61 4.06 26,536 / 53,060 (5/1000) 133 6.41 (.10FAR) 27937 / (16/1000) 447 83,770 ~. _a~, ~ ,~a.Y~LU~~~ ~~_~ Commercial sites may develop as office-industrial uses. Square footage for individual lots may be reallocated within the development, by type, provided the maximum square footage is not exceeded. Building Square Footage Breakdown o Office 31% Light Industrial 31% Warehouse 31% Commercial 7% Total 100% *includes the Wrase property. industrial uses 368,000 / (432,000) 368,000 / (432,000) 368,000 / (432,000) 81,000 / (0) 1,186,000 / (1,295,000) ( ) represents conversion of commercial uses to office- More than one (1) principal structure may be placed on one (1) platted lot. 3. Building height shall be limited to 3 stories or 40 feet. 4 Lot 5, Block 4, is intended to accommodate a major corporate headquarters or office, research, high end manufacturing with limited warehousing type user. While the majority of the development is based on 30 percent office space, Lot 5 must have a minimum of 40 percent office use and include multi-story building(s). li 2~ 3~ o 5~ o o Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels and not painted cinder block. Brick may be used and must be approved to assure uniformity. Block shall have a weathered face or be polished, fluted, or broken face. Concrete may be poured in place, tilt-up or pre-cast, and shall be finished in stone, textured, coated, or painted. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or, as trim or as HVAC screen. All accessory structures shall be designed to be compatible with the primary structure. 8~ 9e 10. 11 12. f. ge 4 All roof mounted equipment shall be screened by walls of compatible appearing material or - camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks, etc., are to be fully screened by compatible materials. , The use of large unadorned, pre-stressed concrete panels and concrete block shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned, concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief pr°vided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from 'public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. Space for recycling shall be provided in the interior of all principal structures or within an enclosure for each lot developed in the Business Center. Each buildings shall contain one or more pitched roof elements depending on scale and type of building, or other architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional intereSt and articulation to structures. There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. Site Landscaping and Screening Landscaping along Highways 41 and 5' shall comply with Buffer yard standard C. Coulter Boulevard, Century Boulevard, and West 82nd Street shall comply with Buffer yard standard B. The master landscape plan for the Arboretum Business Park (formerly Gateway) PUD shall be the design guide for all of the specific site landscape developments. Each lot must present a landscape plan for approval with the site plan review process. Storage of material outdoors is prohibited unless it has been approved under site plan review. All approved outdoor storage must be screened with masonry fences and/or landscaping. Undulating or angular berms or elevation changes of 3' in height shall be placed along Coulter Boulevard, and Century Boulevard. The berms shall be sodded or seeded at the conclusion of each project Phase grading and utility construction. The required buffer landscaping may be installed incrementally, but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. o 4 3~ 4~ 5~ 6~ 7~ 8~ he . Loading areas shall be screened 100 percent year round from public right-Of-ways. Wing walls may be required where deemed appropriate. Signage All freestanding signs be limited to monument signs. The sign shall not exceed eighty (80) square feet in sign display area nor be greater than eight (8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material throughout the development. The applicant should submit a sign package for staff review. Each property shall be allowed one monument sign per street frontage. The signage will have consistency throughout the development. A common theme Will be introduced at the development's entrance monument and will be used throughout. Consistency in signage shall relate to color, size, materials, and heights. The Arboretum Business Park PUD shall be permitted two Arboretum Business Park identification signs. One sign per project entrance, at West 82nd and Century Boulevard and at. Highway 41 and the westerly roadway, shall be permitted. Said sign shall not exceed 80 square feet in sign area nor be greater than eight feet in height. Wall sign shall be permitted per city ordinance for industrial office park site. All signs shall require a separate sign permit. In addition to the two signs identified in g. 5. above, signage for the main entrance on Highway 5 and Century Boulevard shall be reviewed and approved by the Planning Commission and City Council. Lighting Lighting for the interior of the business center should be consistent throughout the development. The street lights should be designed consistent with the existing lighting along the existing Coulter Boulevard. A decorative, shoe box fixture (high pressure sodium vapor lamps or metal halide lights) with a square ornamental pole shall be used throughout the development area for area lighting. Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4~ All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. i. Alternative Access o 3~ 4~ Each site shall accommodate transit service within the individual development whenever possible. Pedestrian access shall be provided from each site to the public sidewalk and trail system. The developer and site users shall promote and encourage. Traffic Demand Management Strategies. Each site shall provide areas for bicycle parking and storage. i, L661 XVI~ ZZ ~)09 ,00£ ,0 I NIAI 'N~SSVHNVHD SS:lNISflt3 IAINJ.::IS081::I i NV'Id S'~I~13V SL' I. g I. = 1VJ. OJ. Z~L'~ I. = MOa 9S'8'k = Hl:lVd g9'88 = S.L01 8n13 HJ.T~ H S31NI13 S--J31::I-IO ~INV8 L /Nvunvzs-au ~ ~ [ S/Ol ., 301:1:10 qVIB/SflQNI · I. 10'1 31N1"13 ':m 31-.l ..-l O ~-'~-~' ....... MNV~ J. SV-I ~ SJ.01 A.LI-II/fl 'lVlldJ. SflONI 301:1-10 301::130 )IAI:lBS LLIII.Lfl 3$flOH3HVM g-S SlOl S' i. S/OI El:liN:lO ~IJ. N3AN O0 / 30 N :IEI3:I N OD NOIlOnaOUd /suazuvnoavaH LV~IOd~iO3 BOI'VlA! "IVlU.I. SfIQNi H:3HV--AS--JH 3:31-1::!0 CITYOF 690 Cio, Center Drive PO aox I47 Ch.mha.,:ve,, Mi,,esota 55317 aholle 952.937.1900 Ge,eral Fax 952.937.5739 E, gineeri,g Deparo, e,t Fax 952.93Z9152 Building Deparo,e,t Fax 952.93(2524 wwu~ci, cha,hasse,.m,, us MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: November 20, 2001 SUB J: One Unit Per 10 Acre Outside MUSA PROPOSAL SUMMARY Staff is recommending that the zoning ordinance be amended to clarify that subdivisions in the Agricultural Estate District (A-2) and Rural Residential (RR) districts located outside the urban services area are required to maintain a one unit per 10 acre density. EXISTING ORDINANCE Section 20-575 (1). A-2, Lot requirements and setbacks. (1) The minimum lot area is two and 0ne-half (2½) acres, subject to Section 20-906 Section 20-595 (1) RR, Lot requirements and setbacks. (1) The minimum lot area is two and one-half (2½) acres, subject to Section 20-906 Sec. 20-906 Alternate lot size requirements in A-2 and RR Residential Zoning Districts. Minimum lot size requirements in the A-2 and RR Residential Zoning Districts located outside of the Metropolitan Council's Urban Service Area shall be regulated by article IX and article X of this chapter, respectively, or in the alternative may be fifteen thousand (15,000) square feet if the following conditions are met: (1) A one-unit per ten-acre density is maintained. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. (2) All lots must have soil and water conditions that permit a well. Planning Commission November 20, 2001 Page 2 (3) All lots must have conditions which will permit two (2) on-site sewer systems installed in conformance with chapter 19, article IV. (4) The one-unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Transfer of development rights from one parcel of land to another is not allowed, except as permitted in paragraph (7) below. (5) Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. Transfer of development rights from one (1) parcel of land to another is not allowed. (6) Each site must have an area that can support two (2) septic system sites, on a slope of less than twenty-five (25) percent. (7) Parcels that do not have public street frontage and are landlocked may' transfer building eligibilities to an adjacent parcel that does have public street frontage and meets other provisions of this section. (Ord. No. 80, Art. VI, § 7, 12-15-86; Ord. No. 170, § 3, 6-8-92; Ord. No. 194, § 3, 10-11-93; Ord. No. 240, § 23, 7-24-95; Ord. No. 307, § 1, 7-24-00) The comprehensive plan land use element states that, "the only means by which new lots can be created is from clustering 2.5 acre lots at a gross density of 1 home per 10 Acres." The proposed amendment would implement this policy. ANALYSIS OF PROPOSED ORDINANCE AMENDMENTS As was intended by the City's agreement with the Metropolitan Council for the Metropolitan Urban Services Area (MUSA) expansion approved in 1989, city ordinances are required to maintain a one unit per 10-acre density outside the MUSA. Section 20-906 requires that a one unit per 10-acre density be required for subdivisions outside the MUSA for lots down to 15,000 square feet. Otherwise, the development must meet the minimum tot size in the A-2 and RR districts. The proposed amendment would clarify that the one unit per 10-acre density shall be maintained for all proposed lots outside the current MUSA. Thus the zoning ordinance would be consistent with the comprehensive plan. Staff has prepared a bold format to show proposed changes to the ordinance. Planning Commission November 20, 2001 Page 3 Section 20-575 (1). A-2, Lot requirements and setbacks. (1) The minimum lot area is two and one-half (2½) acres, subject to Section 20-906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987, or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one-unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. Section 20-595 (1) RR, Lot requirements and setbacks. (1) The minimum lot area is two and one-half (2½) acres, subject to Section 20-906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one-unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the" number of building eligibilities remaining or documenting that no building eligibility remains. RECOMMENDATION Staff recommends that the Planning Commission approve the attached ordinance amending Sections 20-575 and 20-595. ATTACHMENTS 1. Ordinance Amending Section 20-575 (1) and 20-595 (1) City of Chanhassen Code CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORD~S: Section 1. Section 20-575 (1) of the Chanhassen City Code, is hereby amended as follows: Section 20-575 (1). Lot requirements and setbacks. (1) The minimum lot area is two and one-half (2V2) acres, subject to Section 20-906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one-unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. Section 2. Section 20-595 (1) of the Chanhassen City Code, is hereby amended as follows: Section 20-595 (1) RR, Lot requirements and setbacks. (1) The minimum lot area is two and one-half (21/2) acres, subject to Section 20- 906. A one-unit per ten-acre gross density shall be maintained for proposed lots outside the approved Metropolitan Urban Services Area in effect at the time of a proposed development. This requirement shall not apply to lots of record in existence on January 15, 1987 or lots created thereafter if they were subject to a pending subdivision application on that date and the lots were created as a result of that application. The one-unit per ten-acre density applies to contiguous property under single ownership. Acreage under single ownership, which is not contiguous, cannot be combined for increased density/building eligibility on one of the parcels. Once a building eligibility has been used for a property, a development contract must be recorded with the county establishing the number of building eligibilities remaining or documenting that no building eligibility remains. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this ,2001. day of ATTEST: Todd Gerhardt, City Manager Linda C. Jansen, Mayor g:~admin\ord\One unit per 10 acre