Loading...
Untitled 2WORK SESSION AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY, FEBRUARY 2, 2000 at 6:00 P.M. COURTYARD CONFERENCE ROOM Dinner will be provided 1. Design Standards 2. Landscaping Buffer Ordinance 3. Home Occupation Issue Paper 4. Review of 1999 5. Planning Commission Goals 6. By-laws, Terms and Commissioner Attendance Schedule * Any council member wishing to attend, please call Kate at ext. 118. I t CITY OF CH1 EMSEN 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safety Fax 612.934,2524 Web wwwci.cbanbassen.mn.us MEMORANDUM TO: Planning Commission ,4 FROM: Kate Aanens©n, AICP, Community Development Director DATE: January 25, 2000 SUBJ: Design Standards Attached is a study that the planning staff prepared for the city council. The council is considering changing the materials that are permitted on buildings. The purpose of this study was to define design standards and look at implications of changing the standards. "There will be slides, photos and overheads as a part of this- presentation. Please review the issue paper and be prepared for a few fun exercises. fThe City of Chanhassen. A prowiwco7nzu;uity with clean lakes. quahn, schools. a cbanninv downtown, thriving businesses, and beautiful narks. A vreat Place to live. work, and Play. "DESIGN STANDARDS" History The city has been experiencing a significant amount of new development. This development occurs in all forms of designs and styles. Many requests have been made to deviate from city standards. As a community, we have also begun to question our development standards. The purpose of this discussion is to: • define design standards, • examine what other communities are doing, • review what regulations the city currently has in place, • analyze materials verses form and function of a building, and • explore the process of adopting or implementing standards. What is Design Review? Developing the character (design) of a community is an important part of the preservation and enhancement of land values. Design standards are one component of the city's character. Today there are a lot of choices in materials and methods. Styles and trends change and freedom of expression and individual choice conflict with the community needs and images. Material standards need to be flexible to allow for changes. Part of the character of a community is its architecture and landscape. The city's character is an important component in setting goals for design review. According to David Sucher in his book City Comforts, "Our expectations for building should be modest and realist, we are too harsh on our architects and builders. We somehow expect each new work to be novel and full of surprise. This point -of -view does not help to create amiable cities. It looks at the wrong things. People -architects included -often speak of a building and decry it as derivative or nothing special. When questioned further, they admit that the building isn't bad, really, but it's not a great work. To wonder if a particular building is a great work is to hold it up to a flawed standard or review on two counts. First such an approach tends to overemphasize the parley visual; one examines the building as it if were a photograph on a wall and one talks of balance and composition and so on. Secondly, the very nature of the question asks one to view the building as a discrete object -isolated on its own lot - not as a piece of a city landscape. Both aspects may into the misuse - albeit ancient - of architecture as a tool of social aggrandizement, posturing and pomposity. Such an attitude many feed the hungry maw of the architecture and design press but it does little to nourish the eye of body of the would be urban villager. Design Standards January 2000 Page 2 The great work standard is out - of scale. Something more modest is needed. More often than not, the important question is not whether some particular building is a great building. The correct standard of review is more this `if this building were just about standard for the community, would we still want to live here.' Be realistic. Does the building follow the very few basic rules of urban design? If so, grant the permit and build it. Of course every town needs a few memorable structures of civic pride and joy: a stadium, a tower, a church or temple. But these are by practical necessity few, the majority of buildings will good solid moneymaking background buildings. It is only occasionally that a building by special use or unique site -needs to be a focal point. Our cities have a long way to go before its appropriate to use the great work standard of architectural review for everything." (Sucher, City Comforts, 1995, page 17) The focus of the city's character should not focus on publicly visible facades. Character of a city includes streetscape, and street patterns, street furniture. The core of design review should be clear understanding of objectives. In most cases the objectives will be the desire to save something or the driving market forces. The design criteria should be as simple as attention to detail: • What is the use/needs (building) • Landscaping • Screen parking behind or to the side of building • Orientation of the building (street presence) and form • Materials • Mass - height, bulk, roof line • Signage "A community is the work of many architects, planning commissions, city council, developers, owners and private citizens — a whole series of composers, conductors, performers and audiences — over a generation or more of time. It is a public art of the highest order and the highest potential." (Robert Burley, Redirecting the Theater of the Built Environment, page 14.) While we examine design review, it is important not to lose focus on the overall character of the community. Current Regulations The right to regulate design has been legally challenged. The right to regulate is found in the Fifth Amendment of the Constitution "Nor shall private property be taken without just compensation." In 1922, the rule that is still used today given by Justice Holmes in the Pennsylvania Coal Company v. Mahon said that while property may be regulated to a certain extent, regulation that is too extreme will be recognized as a "taking." [260 U.S. 393] In 1978 the U.S. Supreme Court in Penn Central Transportation Company, et al. v. City of New York, et al. held that no taking had occurred despite the fact that the New York Design Standards January 2000 Page 3 City Landmarks Preservation Commission had denied the owners of Grand Central Terminal a certificate of appropriateness for construction of a 55 — story office tower on the terminal site. The court used the following test: No taking will have occurred if "the restriction imposed are substantially related to the promotion of the general welfare ... and if the owner is left with a reasonably beneficial use of the site." [438 U.S. 104] The important principle of design review is the standards or guidelines. They can be arbitrary and capricious. Lawyers use "due process" to examine if the standards can be supported. Architectural controls are sometimes adopted without a design survey of the community or without well defined standards or comprehensive plan for the improvement of the community. This is not the case in Chanhassen. The city currently has design control through several different ordinances: 1. Site Plan Review division Sec. 20-106- 20-110, 2. Article VIII Planned Unit Development District Sec 20-501 501, 3. Article XXV Landscaping and Tree Removal and 4. Article XXIX Highway Corridor Districts. (Please review attached sections of the city code.) The ordinances that are in place are influencing the style that currently exists throughout the community. Design Standards in Other Communities "Indeed, design review has acquired a negative image in some quarters due to ordinances and reviews that dwell upon superficial characteristics of buildings, such as materials and colors. This is the "wallpaper" approach to design review -just make it pretty - - and does not address more fundamental issues. " (Hinshaw, 1995:23) Design standards are utilized in other communities throughout the United States to ensure a quality and unique community. If applied correctly, they will produce an integrated, unique and attractive community. Basically, design standards employ basic principles rather than rigid rules such as requiring pedestrian access, public art and surface parking to be located behind a building. Design standards cover all aspects of the site from landscaping to facade transparency to lighting. According to several reports on design review, standards must be tailored to a specific community's history, topography and location. The intent is misguided if another community's standards are merely photocopied and adopted. The whole intent of design standards is to reverse the effects of the strict ordinances that produced ubiquitous strip malls and commercial buildings throughout the country. Now one can see the same prototypical restaurant in Oklahoma City and Maple Grove. Design Review vs. Aesthetic Control Design review is different from aesthetic control. Design review attempts to reach a consensus with numerous groups of people and ideas, whereas, one group exhibits Design Standards January 2000 Page 4 authority in aesthetic control. Ultimately, as the table below indicates, requiring a certain type of exterior material will not ensure a quality product, however, creativity within set guidelines will offer the best product. Design Review Aesthetic Control Broadly -oriented Narrowly focused and prescriptive Concerned with performance Concerned with product Embraces different solutions to criteria Exclusionary Utilizes principles Utilizes rigid rules Values creativity Values conformity (Source: Hinshaw, 1995;4) Design Guidelines, Generally Design guidelines should be just that, guidelines. Being too prescriptive results in conformity and monotony. For instance, if Any town, USA required that all single family homes be two-story and blue in color, that would be one mundane community. Many communities believe that if they require all commercial buildings to be brick the resulting product will be attractive and high quality. This notion can be attributed to the success of historic preservation movement. In Minnesota, the majority of historic buildings are constructed of brick or stone with significant detailing. Design standards involve much more than simply materials. Requiring all buildings to be brick does not always result in high quality or an attractive building. Countless ugly brick buildings can be found throughout the country. According to Design Review, design guidelines should address overall site design, use of plant materials, building orientation and form, signage and public spaces (Hinshaw, 1995; 23). Overall Site Design Site design includes access, parking, building location and acknowledging adjacent uses That is, access for pedestrians and vehicles, not parking being the focus of the site and appropriate screening of loading areas and mechanicals. Landscaping Landscaping can provide screening, enhance the building and define the entrance. Building Orientation and Form Building orientation and form refers to how the developed site relates to the sidewalk, street and adjacent properties, in addition to the neighborhood. For instance, the entrance Design Standards January 2000 Page 5 of building should be pronounced, the bulk (or height) of a building should relate to adjacent buildings. Si_gnage Simply, signage should be compatible. Public Spaces Public spaces should be accessible by the public and attractive to pedestrians. In addition, they should be located adjacent to commercial uses so that the public has some other reason to go there. Other Design Issues Materials and colors are important to the overall appearance of a building, however, if the landscaping and access are poorly designed, the intent of the expensive materials will be lost. Material Standards in Minnesota Communities Staff surveyed other Minnesota communities to determine the prevalence of design standards, and more importantly, if they require a certain exterior material. All 10 communities discuss materials in the standards. APPLE VALLEY Population: 41,578 Community ype: "Second -ring" suburb; incorporated in 1969 Design Standard: Downtown Development Design Guidelines "Building design requirements are therefore general and qualitative, with limited requirements for the use of specific materials, finishes, colors, textures, specific glazing patterns or specific design style." • "The challenge of quality design relies on the use of high quality architecture; subject to rigorous design review." Specific Design Principles for building materials in downtown guidelines: • Color and Texture: building exterior colors must be compatible with other projects in the immediate vicinity Design Standards January 2000 Page 6 • Brick: unglazed tile, and other clay products are acceptable as primary field materials • Exterior facades of plain concrete are not acceptable, except as a small design element • Natural stone is acceptable • "Mirror" glass in either window or spandrel glass is not recommended Design Standard: Zoning Ordinance Section Al-53. Building and site design Required Building Materials: • Commercial and industrial buildings shall have a vertical exposed exterior finish of 100 percent non-combustible, non -degradable and maintenance -free construction materials; construction materials such as sheet or corrugated aluminum, iron, or concrete block of any kin or similar are excluded. Multiple residential buildings adjacent to "R" zones or occupied "M" zones shall have a vertical exposed exterior finish consisting of at least 50 percent non- combustible, non -degradable and maintenance -free construction materials with the balance being a non -manufactured natural construction material such as plank cedar or redwood. • CHASKA Population: 14,370 Community Type: Historical settlement with traditional compact commercial center and commercial along arterial roadways. Design Standard: Zoning Ordinance Section 9.11. Building Design/Materials in Commercial and Industrial Districts • "...to assure that buildings in more intensely developed areas of Chaska will be of high quality in both visual and functional terms. To that end, the Section identifies permitted building materials which are durable and long-lasting and which generally present a more attractive visual appearance than less durable materials." • Architectural Design and Compatibility: "The exterior architectural appearance of the proposed structure shall not be so at variance with the exterior architectural appearance of existing structures within the immediate area..." • Permitted materials: brick, natural stone, precast concrete units (Industrial Districts only) and concrete block, provided that surfaces are molded, serrated, or treated with a textured material in order to give the wall surface a three-dimensional character, wood with proven exterior durability; curtain wall panels of steel, fiberglass, and aluminum with permanent durable non -fade surface, and glass curtain wall panels. Design Standards January 2000 Page 7 EDEN PRAIRIE Population: 47,840 Community Type: Suburb with regional commercial located on arterial roadways Design Standards: Zoning Ordinance Section K. Architectural Standards • In commercial districts 75 percent of the exterior building finish shall consist of materials comparable to face brick, natural stone, glass • In industrial districts 75 percent of the exterior building finish shall consist of materials comparable to face brick, natural stone, glass, specially designed pre cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least twice, rock face • In all districts except some residential wood, stucco, vinyl, metal, plastic or a combination of all these materials, shall not compromise more than 25 percent of a building's exterior finish. EDINA Population: 47,029 Community Type: Fully developed inner -ring suburb with commercial districts in both a dense core district and along major arterial roadways. Design Standards: Design Framework for 50`h and France Avenue Specific Building Exterior Treatments • "Along with building massing, building exterior treatment is the most important feature to lend mood and character to an area." • Use natural, "warm," "soft" materials - wood, brick, stone, stucco, etc. • Limit the number of materials to two per establishment • "It is not the style of the building design that gives 501h and France its character but the scale, use of materials and clustering of buildings which combine for the total effect." Design Standards January 2000 Page 8 MINNETONKA Population: 51,607 Community Type: Fully developed suburb with commercial along major arterial roadways Design Standards: Zoning Ordinance Section 300.31 Building Materials • Acceptable materials include brick, dimension stone, glass and combinations thereof • Aggregate precast concrete panels may be permitted subject to architectural review • Wood materials may be used for accent purposes and for buildings intended to be designed in a residential character and located at a transitional area in proximity to low -density residential or protected natural features such as wetland. • Metal and stucco may be permitted for limited accent use only NORTHFIELD Population: 15,859 Community Type: Out state historical settlement with compact commercial downtown district Design Standards: Zoning Ordinance Section 1350:600 Architectural Standards • "All buildings shall be finished on all sides utilizing materials which are consistent with the whole exterior design, and with those materials identified as appropriate for the immediate environment, neighborhood or district." Design Standards: Zoning Ordinance Section 1300:620 Design Standards for Highway Commercial Planned Development Zones (Target Development) • "It is the intent of these standards to encourage development that is compatible with the building character of the downtown historic district by use of similar materials and colors." • "An application for PDZ approval shall be reviewed by the Design Advisory Board for conformance to these standards." • "In multiple story buildings, the first floor shall be differentiated by form, materials and/or other physical attributes such as intermediate cornice lines, awnings or arcades, and changes in window shape or treatment." • Entrances shall include at least 2 of the following features: canopy, portico, overhang, arcade or arch above the entrance; recesses or projections in the building facade surrounding the entrance; peaked roof or raised parapet over the door; display Design Standards January 2000 Page 9 windows surrounding the entrance; architectural details such as tile work or ornamental moldings; and patio or outdoor seating area • "Dominant building materials shall include brick masonry (modular or standard), natural stone or textured, cast stone, tinted or painted masonry units, wood and/or windows." • "Accent building materials may include decorative concrete masonry units, decorative pre -fabricated concrete panels, architectural pre cast concrete, stucco, exterior insulation finish systems (EIFS), glass block and metallic trim elements." STILLWATER Population: 15,906 Community Type: Historic settlement with compact commercial center and commercial along arterial roadways. Design Standards: West Stillwater Business District • "Unadorned prestressed concrete panels, standard concrete block or metal siding shall not be used as exterior materials for new buildings. Architecturally enhanced block or concrete may be acceptable." VICTORIA Population: 3,343 Community Type: Small historic settlement with central commercial district Design Standards: City of Victoria Downtown Redevelopment Plan "Exterior materials shall consist of one or more of the following: natural brick, stucco, stone, wood, glass and treated/anodized metal for trim and pitched roofs." "Roof material shall be split cedar (treated), tile, slate, treated or anodized metal, copper, or asphalt/fiberglass shingles matching the color and design criteria for downtown." WAYZATA Population: 4,027 Community Type: Historic settlement with dense commercial district and commercial along arterial roadways Design Standards January 2000 Page 10 Design Standards: Wayzata Design Guidelines (Lake Street) • `Building should be constructed of authentic materials such as wood, brick, stone, cast stone or stucco. Accent materials may include metal, glass block, EIFS, copper flashing or similar materials. Stucco or EIFS as a primary material may only be used on buildings with a footprint smaller than 3,500 sq. ft." WHITE BEAR LAKE Population: 26,017 Community Type: Historic resort settlement; commercial district along arterial roadways Design Standards: Zoning Ordinance for all business and industrial districts Exterior building materials should be durable and long lasting and be a combination of the following: face brick; natural stone; decorative concrete block (colored by pigment); cast in place or pre -cast concrete panels (colored by pigment); stucco; wood (finished for exterior use); curtain walls of steel, fiberglass and aluminum (no more than 50 percent of the aggregate wall area excluding window and door areas); glass; and decorative painted concrete (on any building wall not visible from a public right-of-way). Materials The finished square footage costs for office are over twice as much as for industrial - office flexible buildings. (Office and commercial square footage costs are very similar if not the same.) Material metal with glass concrete pre -cast panel brick with block backup concrete block (See attachments) Office Sq. Ft. Cost $89.08 $79.46 $82.92 $79.97 Ind. Sq. Ft. Cost $42.88 $34.98 $37.71 $35.70 Difference percent 108 127 120 124 • Curtain wall construction is the most expensive facade typevegardless of material. 0 The lease expensive construction material is a concrete tilt -up or pre -cast panel. Design Standards January 2000 Page 11 • The difference between the most expensive (curtain wall with metal and glass) and least expensive (concrete pre -cast panels) is 12 percent for office buildings, $89.08 vs. $79.46, respectively. • The difference between the most expensive (curtain wall with metal and glass) and least expensive (concrete pre -cast panels) is 23 percent for industrial flex buildings, $42.88 vs. $34.98, respectively. • The base cost of a building represents approximately 2/3rd of the cost of an office building and 58 percent of the cost of industrial -office flexible buildings. Interior finishes are the major difference between building costs. • The difference between base costs for office and industrial flex buildings is 157 percent. • The percent of the square footage cost attributed to exterior materials averages 17.8 percent for office building and 27.3 percent for industrial buildings. Cost of construction is a major consideration in the design for most buildings. Industrial buildings, which are predominately assembly or warehouse, have a different function than a bank, which has a large volume of traffic. The function (use) of a building is going to force the form (material and design). This fact can be proved by an examination of the buildings in Chanhassen. The buildings that have a higher grade of design (brick) are the banks, restaurants, institutional uses (churches, city hall, fire station, post office) some retail and commercial. Not all retailers want nor can they afford to pay the rents at the Beverly's center. Other centers with different rents add to the diversity of users. Process There are a few approaches the Council could take. They include: 1. Change design standards to require higher quality materials Advantages Guarantee higher quality material Reduce time spent with developers negotiating materials Make existing materials on buildings nonconforming, which at some point in the future, if they were removed, they would be rebuilt with a higher quality materials. Disadvantages Increased cost of development Give the community or structures a homogenous appearance Reliance on nonconforming materials to bring about higher standards is a long-term process. Design Standards January 2000 Page 12 2. Leave design standards as is and expand the Highway 5 Overlay District requirements City wide Advantages Proactive, new development could be used to generate improvements. New ordinance could be used to require improvements with existing uses as they expand or rebuild. Disadvantages Risk that past policies that are somewhat vague could be continued May not deal with the use of material specifically the use of brick 3. Establish an architectural review committee. Advantages Independent and professionals reviewing designs; recommendations would go to the planning commission and city council Disadvantages Additional layer of review adding to the time and cost of development (60 day review law) this is not free of the negotiation process g:\plan\ka\design standards.doc hAmd%f * I § 20-94 CHANHASSEN CITY CODE (c) Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within forty (40) feet of the ordinary high water mark of a water body unless specifically approved by the city. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation. (d) Every effort shall be made during the building permit application process to determine the full extent of erosion control required. However, the city engineer may require additional controls to correct specific site related problems as normal inspections are performed. (e) All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the city engineer to halt all construction. (f) All contraction activity that results in disturbance of the ground shall comply with the city's Construction Site Erosion and Sediment Control Best Management Practices Handbook, as amended. (Ord. No. 80, Art. III, § 443-4-4), 12-15-86; Ord. No. 178, § 1, 10-26-92; Ord. No. 232, § 1, 2-13-95) Secs. 20-95-20-105. Reserved. DIVISION 6. SITE PLAN REVIEW* Sec. 20-106. Purpose. It is the intent of this division to serve the public interest by promoting a high standard of development within the city. Through a comprehensive review of both functional and aesthetic aspects of new or intensified development, the city seeks to accomplish the following: (1) Implement the comprehensive plan; (2) Maintain and improve the city's tax base; (3) Mitigate to the extent feasible adverse impacts of one (1) land use upon another; (4) Promote the orderly and safe flow of vehicular and pedestrian traffic; and (5) Preserve and enhance the natural and built environment. (6) Within the HC districts, meet the additional purpose, intent and standards of the HC districts. *Editor's note —Ordinance No. 119, adopted Feb. 12, 1990, amended former Div. 6 in its entirety to read as set out in §§ 20-106-20-121. Prior to amendment, Div. 6 contained §§ 20-106-20-108, which pertained to site plan review and derived from Ord. No. 80, Art. III, § 6(3-6-1-3-6-4), adopted Dec. 15, 1986. Supp. No. 11 1168 ZONING § 20-107 (7) Within the BCO district, meet the additional purpose, intent and standards of the BCO district. (Ord. No. 119, 2-12-90; Ord. No. 212, § 3, 7-11-94; Ord. No. 286, § 5, 12-14-98) Sec. 20.107. Approval required. Without first obtaining site and building plan approval it shall be unlawful to do any of the following: (1) Construct a building; (2) Move a building to any lot within the city; (3) Expand or change the use of a building or parcel of land or modify a building, accessory structure or site or land feature in any manner which results in a different intensity of use, including the requirement for additional parking. (Ord. No. 119, 2-12-90) Supp. No. 11 1168.1 ZONING Sec. 20.108. Exceptions. § 20-109 Notwithstanding the provisions of section 20-107,'the following shall not require site or building plan approval: (1) Construction or alteration of a single- or two-family residential building or accessory building on a lot zoned for residential use; (2) Enlargement of a building by less than ten (10) percent of its gross floor area, provided that there is no variance involved and also provided that the director of planning has conducted an administrative review pursuant to section 20-113 of this section; (3) Changes in the leasable space of a multitenant building where the change does not intensify the use or require additional parking; (4) Construction of buildings for agricultural uses on land zoned and utilized for agricul- tural purposes. (5) Moving a residence or accessory building to any lot zoned A-1, A-2, RR, or RSF provided that the lot and structure siting comply with all applicable zoning ordinance standards. (Ord. No. 119, 2-12-90) Sec. 20.109. Applications. Application for a site plan review shall be made to the city planner of forms provided by the city and shall be filed four (4) weeks in advance of the planning commission meeting at which it is to be considered. Incomplete or deficient applications shall not be scheduled for a meeting unless the director of planning has determined that official action is warranted. The application shall also include: (1) Evidence of ownership or an interest in the property; (2) The application fee; and (3) Complete site plans, signed by a registered architect, civil engineer, landscape archi- tect or other design professional, to include the following: (4) General: a. Name of project. b. Name, address, and telephone number of applicant, engineer, and owner of record. c. Legal description (Certificate of survey will be required). d. Date proposed, north arrow, engineering scale, number of sheets, name of drawer. e. Vicinity map showing relationship of the proposed development to surrounding streets, rights -of -way, easements and natural features. f. Description of intended use of the site, buildings, and structures including type of occupancy and estimated occupancy load. g. Existing zoning and land use. Supp. No. 7 1169 § 20-109 CHANHASSEN CITY CODE h. Tabulation box indicating: 1. Size of parcel in acres or square feet. 2. Gross floor area of each building. 3. Percent of site covered by building. 4. Percent of site covered by impervious surface. 5. Percent of site covered by parking area. 6. Projected number of employees. 7. Number of seats if intended use is a restaurant or place of assembly. 8. Number of parking spaces required. 9. Number of parking spaces provided including handicapped. 10. Height of all buildings and structures and number of stories. (5) Site and building plan: a. Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions, and floor elevations. b. Grading and drainage plans showing existing natural features (topography, wet- lands, vegetation, etc.), as well as proposed grade elevations and sedimentation and storm water retention ponds. Plans shall include runoff and storage calcu- lations for 10 year and 100 year events. c. All existing and proposed points of egress/ingress showing widths at property lines, turning radii abutting rights -of -way with indicated centerline, width, paving width, existing and proposed median cuts, and intersections of streets and drive- ways. d. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emer- gency access (if necessary), public and private streets, alleys, sidewalks, bike - paths, direction of traffic flow, and traffic -control devices. e. Landscaping plan in accordance with the provisions of Article XXV. f. Location, access and screening detail of trash enclosures. g. Location and screening detail of rooftop equipment. h. Location and detail of signage. i. Lighting location, style and mounting. j. Building elevations from all directions indicating materials and colors. Interior floor plans may be required. k. Utility plan identifying size and direction of existing water and sewer lines, fire hydrants, distance of hydrant to proposed building. 1. List of proposed hazardous materials, use and storage. m. Proposed fire protection system. n. Such other information as may be required by the city. o. Photocomposite images, artistic renderings, or site elevations which depict the visual impact of the proposed development's design, landscaping, street layout, signage, pedestrian ways, lighting, buildings, or other details that affect land use Supp. No. 7 1170 ZONING § 20-110 within the city shall be submitted. Such images and renderings shall be from key vantage points and provide an undistorted perspective of the proposed develop- ment from abutting properties, less intensive land uses, and/or from entryway locations. Photorealistic imaging or renderings are the appropriate level of resolution. (6) Within the HC districts, the application shall also include: a. Building elevations from all directions, indicating materials, colors and landscap- ing at installation. b. Building and site views from Highway 5, the appropriate access boulevard (north or south of Highway 5), and any other appropriate arterial or collector roadways. C. Site views showing the relationships of the proposed building or development to adjacent development, including buffered areas. d. Drawings of all significant or atypical site features, such as unusual landscaping, manmade water features other than retention ponds, outdoor sculpture, or other large-scale artwork and other uncommon constructs. e. Sample building materials, upon the city's request. f. Sample paving materials, upon the city's request. (7) Within the BCO district, the application shall also include: a. Identified boundaries of the Primary Zone and Secondary Zone on a drawing depicting existing conditions and on a site plan depicting the proposed develop- ment pattern. , b. Calculations and/or drawings that identify the allowable density (number of units or building coverage) under this Code including lands lying in the Primary and Secondary Zone. Calculation of allowable density shall specifically exclude lands classified as bluffs, flood plains and designated wetlands. Calculation of allowable impervious cover may include bluffs and flood plains but shall specifically exclude designated wetlands. (Ord. No. 119, 2-12-90; Ord. No. 203, § 2, 5-9-94; Ord. No. 212, § 4, 7-11-94; Ord. No. 286, § 6, 12-14-98 ) Sec. 20-110. Standards. In evaluating a site and building plan, the planning commission and city council shall consider its compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; Supp. No. 11 1171 § 20-110 CHANHASSEN CITY CODE (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of neighboring developed or developing areas; (4) Creation of a harmonious relationship of buildings and open spaces with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of a functional and harmonious design for structures and site features, with special attention to the following; a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; C. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neigh- boring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (7) Within the HC districts, consistency with the purpose, intent, and standards of the HC districts. (8) Within the BCO district, consistency with the purpose, intent and standards of the BCO district. (Ord. No. 119, 2-12-90; Ord. No. 212, § 5, 7-11-94; Ord. No. 286, § 7, 12-14-98) Sec. 20-111. Public hearing. Upon receipt of a completed application, a date shall be set for review of the site plan before the planning commission. The review will be held no less than ten (10) days after mailed notice is sent to the owner of properties located wholly or partially within five hundred (500) feet of the site, as reflected in the records of the county auditor. The director of planning may require an expanded mailing list for sites fronting on lakeshore where the development would be visible over a larger area. Following the hearing or any continuance thereof which is not appealed by the applicant, the planning commission shall make a recommendation. The site plan shall be forwarded to the city council with the planning commission's recommendation for review on the next available agenda. Final approval of the site plan requires a simple majority vote of the city council. (Ord. No. 119, 2-12-90) Supp. No. 11 1172 ZONING Sec. 20-112. Multiple applications. § 20-116 Any site and building plan application which is accompanied by a request for a conditional use permit or for a rezoning amendment to this division shall be considered by the planning commission concurrently with the conditional use permit or rezoning application. (Ord. No. 119, 2-12-90) Sec. 20.113. Administrative approvals. Minor site plan and building alterations which do not involve a variance, which are consistent with the intent of the approval relative to all aspects of the site and building plans and which are not accompanied by other matters requiring consideration by the planning commission or city council, may be approved by the director of planning. The director is not authorized to approve the principal construction of new buildings or alterations to existing buildings that would add more than ten (10) percent to the existing gross floor area. If any application is processed administratively, the director of planning shall render a decision within thirty (30) days and shall serve a copy of the decision upon the applicant by mail. Any person aggrieved by a decision of the director of planning may appeal the decision to the planning commission in the manner specified in section 20-109 of this division. (Ord. No. 119, 2-12-90) Sec. 20-114. Conditions. The planning commission, city council or director of planning may impose conditions in granting approval to site and building plans to promote the intent of this division and to protect adjacent properties. (Ord. No. 119, 2-12-90) Sec. 20-115. Specific project. Site and building plans shall be valid only for the project for which approval is granted. Construction of all site elements shall be in compliance with the plans and specifications approved by the planning commission, city council or director of planning. (Ord. No. 119, 2-12-90) Sec. 20-116. Architectural standards. (a) It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified person acceptable to the director of planning and shall show the following: (1) Elevations of all sides of the building; (2) Type and color of exterior building materials; (3) A typical floor plan; Supp. No. 11 1173 § 20-116 CHANHASSEN CITY CODE (4) Dimensions of all structures; and (5) The location of trash containers and of heating, ventilation and air conditioning equipment. (b) The use of unadorned, prestressed concrete panels and concrete block shall not be permitted. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. The use of metal on .building exteriors shall be limited to trim detailing and/or to buildings using metal and glass curtain walls. Architectural metal roof (standing seam and similar) systems and canopies may also be allowed. (c) All rooftop or ground -mounted mechanical equipment and exterior trash storage areas shall be enclosed with materials compatible with the principal structure. Low profile, self-contained mechanical units which blend in with the building architecture may be exempt from the screening requirement. (d) Underground utilities shall be provided for all new and substantially renovated structures. On sites where, through design on topography, rooftop mechanical systems are highly visible from off -site locations, structural screening will be required. (e) Within the HC districts, the standards for the HC districts shall apply in addition to the standards specified in this division. (Ord. No. 119, 2-12-90; Ord. No. 212, § 6, 7-11-94) Sec. 20-117. Reserved. Editor's note —Section 3 of Ord. No. 153, adopted Nov. 4, 1991, repealed former § 20-117, which pertained to the maintenance of sites and landscaping and derived from Ord. No. 119, adopted Feb. 12, 1990. Sec. 20-118. Retaining walls. Retaining walls exceeding five (5) feet in height, including stage walls which cumulatively exceed five (5) feet in height, must be constructed in accordance with plans prepared by a registered engineer or landscape architect and in conformance with all building materials specifications and limitations set forth in this division or, if applicable, in the HC districts. (Ord. No. 119, 2-12-90; Ord. No. 212, § 7, 7-11-94) . Sec. 20-119. Reserved. Editor's note —Section 3 of Ord. No. 153, adopted Nov 4, 1991, repealed former § 20-119, which pertained to a landscaping financial guarantee and derived from Ord. No. 119, adopted Feb. 12, 1990. Sec. 20-120. Maintenance of site. It shall be the obligation of the owner to maintain the site in a manner consistent with the approved site and building plan. Unapproved alterations are in violation of this division. ( Ord. No. 119, 2- l 2-90 ) Supp. No. 11 1174 § 20-487 CHANHASSEN-CITY CODE Secs. 20.487-.20.5D1L Reserve& AIMCLE VML PLANNED :UNU DEVELOPMENT DISTRICT* DIVISION 1. GENERALLY Sec. 20.501. Intent. Planned unit developments offer enhanced flexibility to develop a site through the relax- ation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. It will be the -applicant's responsibility to demonstrate that the city's expectation is to be realized as evaluated against the following criteria. Planned unit developments are to en- courage the following: (1) Preservation of desirable site characteristics and open space and protection of sensi- tive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. (2) More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. (3) High quality of design and design compatible with surrounding land uses, including both existingandplanned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. (4) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (5) Development which is consistent with the comprehensive plan. (6) Parks and open space. The creation of public open space may be required by the city. Such park and open space shall fie consistent with the comprehensive park plan and overall tram plan. (7) Provision of.housing,a$ordableto-all income groups if appropriate within the PUD. (8) Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. *Editor's note —Section 1 of Ord. No. 149,°adopted:June 24, 1991, amended Art. VIII, Div. 1, to read as herein set out. Prior to amendment, Art. VIII, Div. 1, contained §§ 20-501-20-505, pertaining to similar subject matter and deriving from Ord. No. 80, Art. V, § 18(5-18-1-5- 18-5), adopted Dec. 15, 1986, and Ord. No. 136, § 1, adopted Jan. 28, 1991. Supp. No. 7 1200 § 20-505 CHANHASSEN CITY CODE (b) The.apphcaat shall demnnstrate that the PUD plan offers the city higher quality architectural mid site design, landscaping, protection of wetlands, creeks and mature trees and buffering for Aoining properties that represent improvements over normal ordinance standards. (c) Density. An increasettransfer for density may be allowed at the sole discretion of the city utilizing the following factfiuns: (1) Density within a PUDshali.be calculated on gross acreage located within the property lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single-family detached area will be evaluated using the items listed in section 20-506. Density transfer eligible for multiple -family areas are not permitted to be applied to single-family areas. (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan. (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate income for a specific period of time. (e) Hard surface .coverage shall be limited as follows: Comprehensive Plan Designation Low or medium density residential High density residential Office Commercial (neighborhood or community) Commercial (regional) Industrial Hard Surface Coverage (%) 30 50 70 70 70 70 Individual lots within PUD may exceed these standards as long as the average meets these standards. (f) The set>aack for all buildings within a PUD from any abutting street line shall be thirty 130) feet for local streets and fifty (50) feet i'rom railroad lines for collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building -up to a maximum of one hundred (100) feet. The setback for all buildings from exterior PUD lot lines not abutting a public street shall be thirty (30) feet Sapp. No. 8 3200.4 ZONING § 20-1176 Sec. 20-1145. Landscaping and screening. All berths shall be screened from public rights -of -way and from view from the property across the street frontage and/or from the zoning district boundary when the adjacent property or property across the street frontage or side street frontage is zoned or used for residential purposes. The screening shall be accomplished as required in article XXV. (Ord. No. 80, Art. VII, § 2(7-2-4), 12-15-86) Sec. 20-1146. Design. All loading areas shall consist of a maneuvering area in addition to the berth and shall not use any of that portion of the site containing parking stalls. Maneuvering areas shall be of such size as to permit the backing of truck tractors and coupled trailers into a berth without blocking the use of other berths, drives, maneuvering areas or public rights -of -way. (Ord. No. 80, Art. VII, § 2(7-2-5), 12-15-86) Sec. 20-1147. Required loading areas. (a) Any use which the city believes requires the 'provision of designated spaces for the loading, unloading or parking of trucks or semi -trailers shall provide such spaces and maneuvering area in the number and configuration which shall be deemed necessary in order to prevent interference with the use of the public right-of-way and with vehicles entering onto or exiting from the public right-of-way. (b) Semi -trailer spaces shall be at least fifty-five (55) feet in length, ten (10) feet in width and fourteen (14) feet in height plus necessary additional maneuvering space. (c) Spaces shall not be located on a street side of any building, or, if so located, shall be provided with screening deemed adequate by the city. (d) Spaces and the associated maneuvering area shall be at least fifty (50) feet from the property line of any residentially designated property. (e) No trucks shall be parked in areas other than those designed for such purpose on an approved site plan. (Ord. No. 80, Art. VII, § 2(7-2-6), 12-15-86) Secs. 20.1148-20.1175. Reserved. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL* DIVISION 1. GENERALLY Sec. 20-1176. Intent, scope and compliance. (a) The intent of this article is to improve the appearance of vehicular use areas and property abutting public rights -of -way; to require buffering between noncompatible land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. *Editor's note —Section 1 of Ord. No. 153, adopted Nov 4, 1991, amended Art. XXV to read as set out herein. Prior to amendment, Art. XXV contained §§ 20-1176-20-1179, 20-1191- 20-1194, 20-1211-20-1214, 20-1231-20-1234, which pertained to similar subject matter and derived from Ord. No. 80, Art. VIII, §§ 1-7, adopted Dec. 15, 1986. Supp. No. 9 1251 § 20-1176 CHANHASSEN CITY CODE (b) Except for buffer yard requirements specified in section 20-1176(f) below, this article does not apply to single-family developments in Al, A2, RR, RSF, and R4 zoning districts which are regulated by landscaping requirements contained in the subdivision ordinance (chapter 18). (c) No new site development, building, structure or vehicular use area is allowed, unless landscaping is provided as required in this article. (d) No property lines shall be altered nor shall any building, structure or vehicular use area be expanded, unless the minimum landscaping required by the provisions of this article is provided for the entire property. (e) The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to: (1) Truck loading areas; (2) Trash storage; (3) Parking lots, interior lot areas and perimeters; (4) Large unadorned building massing; (5) Garage doors associated with auto oriented uses; and (6) Vehicular stacking areas for drive through uses. (f) Buffering shall be provided between high intensity and low intensity uses, between a site and major streets and highways, and in areas where buffering is required by the comprehensive plan. Such buffering shall be located within a required buffer yard. The buffer yard is a unit of yard together with the planting required thereon. The amount of land and the type and amount of planting specified for each buffer yard required by this subsection are designed to ameliorate nuisances between adjacent land uses or between a land use and a public road. The planting units required of buffer yards have been calculated to ensure that they do, in fact, function to "buffer." (1) Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot or parcel boundary line, except where easements, covenants or natural features may require the buffer yard to be set back from the property line. Subject to review and approval by the city engineering department, buffer yards that are compatible with the typical city boulevard planting requirements may be located within a portion of an existing municipal public collector or arterial right-of-way. (2) To determine the buffer yard required between two (2) adjacent parcels or between a parcel and a street, the following procedure shall be followed: a. Identify the proposed land use of the parcel and the land use of the adjacent parcel or functional classification of abutting right-of-way based on the city future land use plan. Supp. No. 9 1252 ZONING § 20-1176 b. Determine the buffer yard required on each boundary, or segment thereof, of the subject property by referring to the following table of buffer yard requirements and illustrations [set out at the end of subsection (2)] which specify the buffer yard required between adjacent uses or streets. C. Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per one hundred (100) linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two (2) uses or adjacent to a collector or arterial right-of-way. The plant unit multiplier is a factor by which the basic number of plant materials required for a given. buffer yard is determined in accordance with the selected width of the yard. The project developer shall be responsible for providing seventy-five (75) percent of the required plantings. If abutting property owner(s) desire to bring the buffering to one hundred (100) percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining twenty-five (25) percent of the required plantings on their own property. d. Whenever a wall, fence, or berm is required within a buffer yard, these are shown as "structure required" in the buffer yard illustrations. The erection and main- tenance of all required structures shall be the responsibility of the buffer yard provider (project developer). Maintenance of the structure shall be the responsi- bility of the landowner on whose property the structure is located. e. All buffer yards shall be maintained free from all forms of development or storage of equipment or materials. A ground cover of vegetative or organic material shall be provided. Buffer yards shall be maintained free from junk and debris. Dead or diseased vegetation shall be removed and replaced with healthy vegetation. The responsibility to maintain, remove or replace plant materials shall be that of the landowner on whose property the plant material needing maintenance or replacement is located. TABLE OF BUFFER YARD REQUIREMENTS Proposed Development Adjacent Land Use LLILD MD HD OFF MIX COM PUB ACT PASS OFFIIND LL/LD none B C C C D B B A D MD none A B B C D B B A D HD none A A B C D B B A D OFF none B B A B B B B B B MIX none C C B B B C C C B COM none C D B B A I C C C B PUB none A A B C C A A A C ACT none A B B B C A A A C PASS none A A B B C A A A C Supp. No. 9 1253 ZONING § 20-1451 ARTICLE XXIDL HIGHWAY CORRIDOR DISTRICTS DIVISION 1. HC-1 DISTRICT Sec. 20-1450. Purpose. The Highway 5 Corridor and the development within it will be major factors influencing the visual and environmental quality of the community as a whole. Due to the intensity of land uses, the Highway 5 Corridor represents the heart of Chanhassen as well as its dominating image of those passing through the community. Development in the corridor must be designed with greater sensitivity to the environment and of generally higher quality than might have occurred in the absence of specific standards. The purpose of the district is to: (1) Protect creek corridors, wetlands, and significant stands of mature trees through use of careful site design, protective easements, sensitive alignment and design of road- ways and utilities, incorporation of natural features, landscaping and massing of trees that enhance existing natural features and views, and the practices delineated in the city's Best Management Practices Handbook. (2) Promote high -quality architectural and site design through improvement develop- ment standards within the corridor. These standards govern site planning, placement of building masses, use of materials, and the like enable the city to enhance what otherwise might result in low quality strip development. (3) Create a unified, harmonious, and high -quality visual environment throughout the corridor, thereby identifying it as a special place with a unique identity within both the city and the Twin Cities region as a whole. (4) Foster a distinctive and positive community image, for the city as a whole and espe- cially for the Highway 5 Corridor, which functions as the city's main entrance. (Ord. No. 212, § 8, 7-11-94) Sec. 20.1451. Intent. The city intends that all development within the district should strive toward the highest level of quality in both design and construction. The criteria by which new development in this district shall be judged are as follows: (1) Consistency with all provisions of the Comprehensive Plan, as amended from time to time; the Surface Water Protection Program; all provisions of the zoning ordinance and subdivision ordinance not specifically overridden by the provisions of this district; and all other applicable land use regulations. (2) Preservation of the natural conditions found on each site to the greatest extent pos- sible, through minimized removal of trees and other vegetation and soil, minimized site .grading, and application of the practices found in the city's Best Management Practices Handbook. Supp. No. 7 1275 § 20-1451 CHANHASSEN CITY CODE (3) Establishment throughout the district of harmonious physical and visual relation- ships among existing, new, and proposed buildings, open spaces, natural terrain, and plant materials and placement with the intent of creating a unique and unified appearance for the entire corridor. (4) Use of appropriate materials, lighting, textures, colors, and architectural and land- scape forms to create a unified, high -quality design concept for each site that is compatible with adjacent and neighboring structures and functions, including but not limited to natural areas, city -owned property, and vacant land subject to future de- velopment in accordance with the Comprehensive Plan. (5) Creationof unified site designs, each with a sense of internal order, that provide desirable environments for site users and visitors and the community as a whole and that consider all site elements including: the relationship of buildings to surrounding landforms; grading; architectural design; building, parking and loading dock orien- tation; building height; use of man-made materials, including paving; site furnishings (lighting, outdoor seating, signage, etc.); landscaping (retention of natural vegetation, plant selection and placement, retention and incorporation of water features, etc.); and other visible outdoor site elements. (6) Creation of a suitable balance between the amount and arrangement of open space, landscaping, and view protection and the design and function of manmade features on the other. Achieving this balance shall take into account screening, buffering, size and orientation of open spaces, personal and property security, localized wind and solar effects, and protection of important public ways. (7) Provision of safe and adequate access to and from sites giving ample consideration to the location and number of access points from public streets, the safety and conve- nience of merging and turning movements, and traffic management and mitigation. (8) Provision of onsite vehicular, bicycling, and pedestrian circulation by way of interior drives, parking areas, pathways, and walkways adequate to handle anticipated needs and to safely buffer pedestrians and cyclists from motor vehicles. Ample consideration shall be given to the width of interior drives, internal traffic movement and flow, separation of pedestrian, cycling, automobile, and delivery traffic, and the safe, con- venient, and practical arrangement of parking spaces. (9) Adequate separation and protection of each site from adjacent properties, access bou- levards, and Highway 5 and vice -versa, through reasonable provisions for surface water drainage, sound and sight buffers, view protection, privacy, and other aspects of design that may not be specifically covered by these or other regulations but are found to have significant effect on any or all of the properties and roadways. (Ord. No. 212, § 8, 7-11-94) Sec. 20.1452. District application. The "HC-l" District shall be applied and superimposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map'of this chapter. The regula- Supp. No. 7 1276 ZONING § 20-1453 tions and requirements imposed by the "HC-1" District shall be in addition to those estab- lished for districts which jointly apply. Under the joint application of the districts, the more restrictive requirements shall apply. (Ord. No. 212, § 8, 7-11-94) Sec. 20.1453. Building and parlung orientation. (a) For the purpose of determining front, rear, and side yards, the following shall control: (1) In any lot that abuts Highway 5 directly, other than a single-family residential lot, the lot line abutting the highway shall be considered the front lot line. (2) In any lot that abuts either of the access boulevards parallel to Highway 5, including any existing single family residential lot, but excluding any new single family resi- dential lot, the lot line abutting the boulevard shall be considered the front lot line. (3) In any lot that abuts Highway 5 and one of the access boulevards, other than a single family residential lot, the lot shall be regarded as having two front lot lines. The lot line abutting the boulevard shall take design precedence. Such a lot shall be regarded as having no rear lot line or yard. (4) No new single family residential lot may have a front yard that faces Highway 5, nor a front yard that faces either of the access boulevards. No new or existing single family residential lot shall provide driveway access directly from Highway 5, nor shall any new single family residential lot provide driveway access directly from Highway 5 or either of the access boulevards. Start tot LME I- PROW tot tli IOTA loco _ lotC►aA(YMO t4 n.siuoN tortNut esw tot► / TAKE VtS*MPRECEDENCE RRota tOT LNC . MONT LOT tN[ FRONT LOT LINE Supp. No. 7 1277 § 20-1453 CHANHASSEN CITY CODE (b) Parking areas shall not be located within the required minimum front (primary or secondary) yard setback of any lot. BUILDWC SETBACK (Ord. No. 212, § 8, 7-11-94) Sec. 20.1454. Architectural design standards. Standards governing architectural design shall apply to all new and renovated buildings within the district with the exception of single-family residences on individual lots. (1) Architectural style shall not be restricted. Evaluation of the appearance of a project shall be based on the quality of its design and on its relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roof -line and setback. Designs that are incompatible with their surroundings or intentionally bizarre or exotic are prohibited. •' y ' :IY •�n D..LMwl wO r+/M.L .. � / I I• mftft4 WWI D11'TwA d �N D..�G CA�OV r1l..O q t.r � /IO.O (2) Monotony of design, both within projects and between any project and its surround- ings, is prohibited. Variation in detail, form, and siting shall provide visual interest. Supp. No. 7 1278 ZONING § 20-1454 Site characteristics that may be used for this purpose include building and plant materials, sizes, colors, textures, shapes, massing, rhythms of building components and details, height, roof -line, and setback. 00 rtv. Mot 1Ns ►uao 6 wao«e I i GO MS_ "V 046 AVOIDING MONOTONY (3) Within the district, particular attention shall be paid to architectural compatibility . with the existing environment. a. Each building shall contain one (1) or more pitched roof elements. 'v, I ft - r - Yl� - b. All new construction and redevelopment shall conform to the established building scale, range of building materials, pedestrian orientation, and relationship be- tween buildings and the streetscape. (4) Building heights shall be limited to three (3) stories or forty (40) feet. Measurement of the highest point shall exclude antennas for television and radio reception, but shall include architectural details (e.g., parapet walls), transmission antennas, sat- ellite dishes and transmission equipment, microwave -transmission equipment, and other nonstructural building elements. (5) All manmade architectural, landscape, and paving materials shall reflect the highest quality possible and should be used in a manner suitable to the nature of the material, its role in the design, general durability, expected level of use or abuse, weathering characteristics, and ease and frequency of maintenance. Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in Supp. No. 7 1279 § 20-1454 CHANHASSEN CITY CODE place or pre -cast panels, decorative dock, or approved equivalent, as determined by the city. The follmving may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: *Exposed Cement ("cinder") blocks. OFabrirate metal or pole construction structures, including mobile homes, sheds, warelwuses, and industrial buildings constructed either on or off -site of corrugated metal panels. *Exterior brick that is painted over. *Experimental materials with no proven record of durability or ease of maintenance in the intended application. OA solid wall unrelieved by architectural detailing, such as a change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall and its views from public ways. A change in texture along is not sufficient to meet this requirement. *Materials or construction methods used for one aspect or portion of a project that are significantly lower in quality than those used for the balance of that project, such that this one aspect or portion is or rapidly becomes an eyesore or detriment to the project as a whole. *A distinct and different material or combination of materials for each exposed ex- terior wall. No more than two (2) principal materials or two (2) principal combina- tions of materials should be used to construct any one building. Addition of other materials for accent use is permissible. eAs building element, combination of elements, or another site structure that acts as a conspicuous building emblem or signature. Examples include single garish ele- ments (e.g., orange roofs); use of bricks, blocks, or tiles to turn a wall into an outsized sign or logo; and other attempts to use a building or wall as an advertisement. (6) Site designs and configurations that tend to catch and accumulate trash, leaves, and dirt shall be avoided. In addition, provisions for washing and cleaning buildings, other structures, and building grounds shall be considered and included in the design. (7) AlI building components,. such as windows, doors, eaves, soffits, and parapets, shall have good proportions that relate to the facade of the building and shall relate well with one another. PROPORTIONS OF BMLDINC COMPONENTS Supp. No. 7 I= ZONING § 20-1454 (8) Colors shall be harmonious. Bright or brilliant colors and sharply contrasting colors may be used only for accent purposes. USING COLOR (9) Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view and with materials identical to or strongly similar to building materials or by heavy landscaping that will be effective in winter or they shall be located so as not to be visible from any public way. Use of parapet walls or pitched roof elements to screen equipment is encouraged. In no case shall wooden fencing be used as a rooftop equipment screen. (10) Screening of service yards, refuse, and waste -removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public right-of-way and shall be equally effective in winter and summer. (Ord. No. 212, § 8, 7-11-94) Supp. No. 7 1281 § 20-1454 CHANHASSEN CITY CODE 6CREENFENCEOR WALL r 6WU66 REFU6E f,ONTANER STREET HORIZONTAL MOOD TRELL VENTED SCREEN WALL FLAT ROOF TILE ROOF SCREENING MECKAN" EQUPMENT 6CREENFENCE OR WALL Supp. No. 7 1282 ZONING § 20-1455 Sec. 20-1455. Landscape design and site furnishings. The following standards governing design and placement of landscaping and site furnish- ings shall apply to all new and renovated buildings within the district, with the exception of single-family residences on individual lots. (1) Where natural or existing topographic patterns contribute to the beauty or utility of a development, they shall be preserved to the greatest extent possible. Modification to topography will be permitted where and to the extent that it contributes to good design. All topographic modifications shall adhere to the practices delineated in the city's Best Management Practices Handbook. OMM4 mscc PRESERVING TOPOGRAPHY (2) The grades of all walks, parking spaces, terraces, and other paved areas shall conform with the requirements of the Americans with Disabilities Act. In addition, they shall provide an inviting and stable appearance for walking. Stairs and ramps may be substituted for slanted pavement when necessary. (3) All landscape shall preserve and enhance natural features (such as wetlands, drain- ageways, mature stands of trees, and the like), enhance architectural features, strengthen vistas and important axes, and provide shade. (4) Landscaping shall emphasize massing of plant materials over isolated or scattered placement of individual specimens. Reforestation as prescribed by the city's tree preservation and reforestation ordinance is encouraged. s- wT n.s LANDSCAPE MASSING Supp. No. 7 1283 § 20-1455 CHANHASSEN CITY CODE (5) Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with natural existing materials and adjacent develop- ments where appropriate. UNITY OF DESIGN (6) Plant material shall be selected for interest in its structure, texture and color, and for its ultimate growth size. Plants that are indigenous to the area and others that will be hardy, harmonious to the design of good appearance, and of relatively easy main- tenance shall be used. (7) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards, or similar devices. wll P.1l TREE tROTELMON (8) Where building sites limit planting, the placement of trees in parkways, gardens, or paved areas is encouraged. Trees should be clustered whenever possible, and consid- eration shall be given to the special needs of plants surrounded by imperious surfaces. —C TREE PLACEMENT (9) In areas where general planting will not prosper, other solutions —such as fences, walls, rock gardens, raised planters, or pavings of wood, brick, stone, gravel, or cobbles — shall be used. Carefully selected plants shall be included. Supp. No. 7 1284 ZONING (ow..c to. SUt((wrIK(ONE WAt( K o" OtMA4,t wi At ME( co-ct(n e,AUt ( tAif ALTERNATIVE LANDSCAPE TREATMENT 600( GMtG(w 6RI(i RI( § 20-1460 (10) Exterior lighting shall enhance the building design and adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be arranged and focused so that minimal light falls on adjacent property and no light shines directly at or into any adjacent building. Excessive brightness and glare shall be avoided. •' ►s rV plate 1� LIGHTING CONTROL (11) Site furnishings located on private property shall be designed as part of the site's architectural concept and landscape. Materials and colors shall be in harmony with buildings, surroundings, and other furnishings; scale shall be appropriate to the site and the design; and proportions shall be attractive. (12) Site furnishings and landscaping located in any public way or on other public property shall be harmonious with the design of adjacent buildings, with the appearance of the highway in the vicinity, and with the general character of the city. (13) Lighting in connection with site furnishings (e.g., to highlight a ground sign) shall meet the criteria applicable to site, landscape, buildings, and signs. (14) All provisions of the Chanhassen Zoning Ordinance, to the extent that they directly affect the appearance, design and utility of a particular site, and to the extent that they do not conflict directly with the standards delineated here, shall be a part of the criteria of this subsection. Secs. 20-1456-20.1459. Reserved. DIVISION 2. HC-2 DISTRICT Sec. 20-1460. Purpose and intent. The purpose and intent of the "HC-2" District is the same as the "HC-1" District with certain modifications to the district standards reflecting that the area within the "HC-2" District is not part of the city's central business district. (Ord. No. 212, § 8, 7-11-94) Supp. No. 9 1285 § 20-1461 CHANHASSEN CITY CODE Sec. 20-1461. District application. "HC-1" District shall be applied to and super imposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this chapter. The regulations and requirements imposed by the "HC-1" District shall be in addition to these established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply. (Ord. No. 212, § 8, 7-11-94) Sec. 20-1462. Building and parking orientation. The building and parking orientation standards for the "HC-1" District shall apply, together with the following additional requirements: (1) On building lots that abut Highway 5 directly, the minimum building setback from the highway right-of-way shall be seventy (70) feet. The maximum building setback from the highway right-of-way for all buildings except single family residences shall be one hundred fifty (150) feet. No maximum building setback shall apply to single family residences. (2) On building lots that abut either of the access boulevards parallel to Highway 5, the minimum building setback from the boulevard right-of-way shall be fifty (50) feet. The maximum building setback from the boulevard right-of-way shall be one hundred (100) feet. (Ord. No. 212, § 8, 7-11-94) Sec. 20-1463. Architectural design standards. The architectural design standards for the "HC-1" District shall apply, with the exception of section 20-1456(c) which shall not apply. Sec. 20-1464. Landscape design and site furnishings. The landscape design and site furnishings standards for the "HC-1" District shall apply. (Ord. No. 212, § 8, 7-11-94) Secs. 20.1465-20-1499. Reserved. ARTICLE XXXX. TOWERS AND ANTENNAS Sec. 20-1500. Purpose and intent. The purpose of this article is to accommodate. and provide a reasonable opportunity for the establishment of wireless telecommunications in the city. The city finds it necessary to adopt Supp. No. 9 1286 machwe4 t� Z BUILDING MATERIAL SUMMARY REPORT TYPE MATERIAL SO. FT. COST Office Curtain wall - metal with glass pane $ 89.08 Office Curtain wall - masonry panels $ 83.77 Office Curtain wall - concrete and glass pane $ 86.09 Office Concrete - precast panels $ 79.46 Office Concrete block, textured face $ 81.24 Office Brick with block backup $ 82.92 Office Concrete block $ 79.97 Industrial Flex Concrete, tilt -up $ 34.98 Industrial Flex Curtain Wall - metal with glass pane $ 42.88 Industrial Flex Block with stucco $ 37.09 Industrial Flex Brick with block backup $ 37.71 Industrial Flex Concrete block $ 35.70 Industrial Flex Concrete block, textured face $ 36.64 Assumptions: Office - three story, 50,000 sq. ft. Industrial - one story, 50,000 sq. ft. Source: Hennepin County Appraiser's Office 8/16/99 g:\plan\bg\building material summary report 4kimmmary Report 8/ 12/ i999 Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Office Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Curtain -Metal with Glass Pane Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MN 55317 Class Reinforced concrete frame 50,000 3.00 2.0 Height Rank 10.00 2.0 Units/% Other 1o0 o Climate 100a 1000 Units/% Cost Total 50,000 55.77 2,788,500 50,000 20.82 1,041,000 50,000 10.48 524,000 50,000 2.01 100,500 50,000 89.08 4,454,000 RECEIVED AUG 13 1999 CITY 0r CHANHASSEN Cost D=a by Marshall & Swift Summary Report 8/12/1999 Page: 1 ,Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section I Occupancy 100% Office Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Curtain -Masonry Panels Cost as of 06/1999 CHANHASSEN CHANHASSEN MN 55317 Class Reinforced concrete frame 50,000 3.00 2.0 Height Rank 10.00 2.0 Units/% Other 1o0 o Climate 100. 100% Basic Structure Units/% Cost Total Base Cost 50,000 55.77 2,788,500 Exterior Walls 50,000 15.51 775,500 Heating & Cooling 50,000 10.48 524,000 Sprinklers 50,000 2.01 100,500 Basic Structure Cost 50,000 83.77 4,188,500 Cost Data by Marshall & Swift 8/ 12/ 1999 Summary Report Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Office Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Curtain -Concrete & Glass Pane Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN C1 ANHASSEN MN 55317 Class Reinforced concrete frame 50,000 3.00 2.0 Height Rank 10.00 2.0 Units/% Other loo % Climate 1000 1000 Units/% Cost Total 50,000 55.77 2,788,500 50,000 17.83 891,500 50,000 10.48 524,000 50,000 2.01 100,500 50,000 86.09 4,304,500 Cost Data by Marshall & Swift Summary Report 8/12/1999 Page: I ,Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Office Building Total Area Number of Stories (Section) Shape Components 1 VAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Concrete, Precast Panels Cost as of 06/1999 CHANHASSEN CHANHASSEN MN 55317 Class Reinforced concrete frame 50,000 3.00 2.0 Height Rank 10.00 2.0 Units/% Other too,-. Climate 1009. 100% Basic Structure Units/% Cost Total Base Cost 50,000 55.77 2,788,500 Exterior Walls 50,000 11.20 560,000 Heating & Cooling 50,000 10.48 524,000 Sprinklers So, 000 2.01 100,500 Basic Structure Cost 50,000 79.46 3,973,000 Cost Data by Marshall & Swift 8112/ 1999 Summary Report Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Office Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Concrete Block, Textured Face COSt aS Of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MAi 55317 Class Reinforced concrete frame 50,000 3.00 2.0 Height Rank 10.00 2.0 Units/% Other 1009. Climate 1000 1000 Units/% Cost Total 50,000 55.77 2,788,500 50,000 12.98 649,000 50,000 10.48 524,000 50,000 2.01 100,500 50,000 81.24 4,062,000 t Cost Data b} Marshall & Swift Summary Report 8/12/1999 Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Office Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Brick with Block Back-up Cost as of o6/1999 CHANHASSEN CHANHASSEN MN 55317 Class Reinforced concrete frame 50,000 3.00 2.0 Height Rank 10.00 2.0 Units/% Other 1o0 o Climate 1000 1000 Basic Structure Units/% Cost Total Base Cost 50,000 55.77 2,788,500 Exterior Walls 50,000 14.66 733,000 Heating & Cooling 50,000 10.48 524,000 Sprinklers 50,000 2.01 100,500 Basic Structure Cost 50,000 82.92 4,146,000 Cost Data by Marshall & Swift 8/ 12/ 1999 Summary Report Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Office Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Concrete Block Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MN 55317 Class Reinforced concrete frame 50,000 3.00 2.0 Height Rank 10.00 2.0 Units/% Other loo o Climate 1006 100% Units/% Cost Total 50,000 55.77 2,788,500 50,000 11.71 585,500 50,000 10.48 524,000 50,000 2.01 100,500 50,000 79.97 3,998,500 Cost Data by Marshall & Swift Summary Report 8/12/1999 Page: 1 -Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Industrial Flex Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Space Heater HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Concrete, Tilt -up Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MN 55317 Class Masonry bearing walls 50,000 1.00 2.0 Height Rank 18.00 2.0 Units/% Other 80 o Climate 209. Climate 1000 100, Units/% Cost Total 50,000 21.73 1,086,500 50,000 7.83 391,500 50,000 3.62 181,000 50,000 1.80 90,000 50,000 34.98 1,749,000 Cost Data by Marshall ..& Swift Summary Report 8/ 12/ 1999 Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Industrial Flex Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Space Heater HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Curtain -Metal with Glass Pane Cost as of o6/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MN 55317 Class Masonry bearing walls 50,000 1.00 2.0 Height Rank 18.00 2.0 Units/% Other 8o% Climate 2 0 o Climate 1000 100% Units/% Cost Total 50,000 21.73 1,086,500 50,000 15.73 786,500 50,000 3.62 181,000 50,000 1.80 90,000 50,000 42.88 2,144,000 Cost Data by Marshall & Swift Summary Report 8/12/1999 Page: 1 ,Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Industrial Flex Building Total Area Number of Stories (Section) Shape Components Walls: Block with Stucco HVAC (Heating): Space Heater HVAC (Heating): Package Unit Sprinklers: Sprinklers Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MN 55317 Class Masonry bearing walls 50,000 1.00 2.0 Height Rank 18.00 2.0 Units/% Other 100. 8 0 o Climate 209,; Climate 100. Units/% Cost Total 50,000 21.73 1,086,500 50,000 9.94 497,000 50,000 3.62 181,000 50,000 1.80 90,000 50,000 37.09 1,854,500 Cost Data by Marshall & Swift 8/12/1999 Summary Report Page: I Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Industrial Flex Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Space Heater HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Brick with Block Back-up Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MN 55317 Class Masonry bearing walls 50,000 1.00 2.0 Height Rank 18.00 2.0 Units/% Other s o o Climate 209. Climate 100. 100. Units/% Cost Total 50,000 21.73 1,086,500 50,000 10.56 528,000 50,000 3.62 181,000 50,000 1.80 90,000 50,000 37.71 1,885,500 Cost Data by Marshall & Swift Summary Report 8/12/1999 Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section 1 Occupancy 100% Industrial Flex Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Space Heater HVAC (Heating): Package Unit Sprinklers: Sprinklers Wails: Concrete Block Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHAS SEN CHANHASSEN MN 55317 Class Masonry bearing walls 50,000 1.00 2.0 Height Rank 18.00 2.0 Units/% Other 8 o o Climate 2 0 o Climate 1000 100% Units/% Cost Total 50,000 21.73 1,086,500 50,000 8.55 427,500 50,000 3.62 181,000 50,000 1.80 90,000 50,000 35.70 1,785,000 Cost Data by Marshall & Swift Summary Report 8/ 12/ 1999 Page: 1 Estimate ID Property Owner Property Address Property City State/Province ZIP/Postal Code Section I Occupancy 100% Industrial Flex Building Total Area Number of Stories (Section) Shape Components HVAC (Heating): Space Heater HVAC (Heating): Package Unit Sprinklers: Sprinklers Walls: Concrete Block, Textured Face Cost as of 06/1999 Basic Structure Base Cost Exterior Walls Heating & Cooling Sprinklers Basic Structure Cost CHANHASSEN CHANHASSEN MN 55317 Class Masonry bearing walls 50,000 1.00 2.0 Height Rank 18.00 2.0 Units/% Other 8o% Climate 209. Climate 1000 1000 Units/% Cost 50,000 21.73 50,000 9.49 50,000 3.62 50,000 1.80 50,000 36.64 Total 1,086,500 474,500 181,000 90,000 1,832,000 Cost Data by Marshall & Swift c , CITY OF MEMORANDUM CluM1u SE TO: Planning Commission Box 690City CentChanhassen, FROM: Jill Sinclair, Environmental Resources Specialist to 553147 Minnesota Clanhassen, Mim�esota 55317 Phone 612,937,1900 DATE: January 25, 2000 General Fax 612.937.5739 Ell, ineeringFax 612.937.9152 SUBJ: Proposed Buffer Yard Ordinance Revision Public Safety Fax 612,934.2524 Wleb www.ci.ehanbassen,mn.us BACKGROUND In 1996, the city adopted the buffer yard ordinance as a way to transition different land uses. It has been applied to every development since that time with good results. However, there have been recurring questions from developers, staff and officials prompting staff to propose clarifications and changes to the ordinance in order to clear up any confusion. There are five issues that come up frequently and should be addressed: • Is the "plant unit multiplier" a necessary part of the ordinance? • According to the ordinance, a developer is only responsible for planting 75% of the total number of plants required. Are there situations in which a developer should be responsible for 100% of the plantings? • Can berms be substituted for shrubs or trees? • Can required boulevard trees or reforestation plantings be counted as buffer yard plant units? • %Vhy can't evergreens be counted as overstory trees? ANALYSIS OF PROPOSED ORDINANCE AMENDMENTS Staff has prepared a strike through and bold format to show proposed changes to the ordinance. In addition, comments on the proposed changes are provided after each section. Article XXV. Landscaping and Tree Removal. Section 20-1176 (f) (2) (c) Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses or adjacent to a collector or arterial right-of-way. The r.lan4 „r;+ multiplier- iaaa.au avquaavw for H. The City of Chanhassen. A growing community with clean lakes, quality schools; a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play. Planning Commission January 25, 2000 Page 2 given buffer- yard is detefmined in aeeer-danee with the seleeted width of the yafd. The project developer shall be responsible for providing 75 percent of the required plantings. If abutting property owner(s) desire .to bring the buffering to' 100 percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining 25 percent of the required plantings on their own property. When the parcel abuts public property, such as roads or parks, the developer shall be responsible for 100% of the required plantings. The proposed amendment deletes any mention of the plant unit multiplier. In the pictorial buffer yard descriptions, the number of required trees and shrubs for each width are clearly depicted and can be easily counted with no need for the plant unit multiplier calculations. Specifying a plant unit multiplier seems redundant. Additionally, buffer plantings along roads and parks should be 100% of the total required. Along roads there is no room for the city, county or state to complete the remaining 25% of the plantings. Additionally, in parks there may be many reasons why additional plantings on public property aren't feasible. Section 20-1176 (f) (3) Plant material existing on a parcel which meets the buffer yard planting requirements of location, size and species may be counted toward the total buffer yard plant material requirement. Existing natural features such as slopes, woodlands or wetlands which provide physical separation between developments or between a development and a collector and arterial road may satisfy the buffering function of the required buffer yard. The plant unit multiplier for the required plantings shall be reduced proportionally to the increase in the buffer yard width incorporation said features. Proposed berms 3 feet and higher in the buffer yard may be substituted for one-half (1/2) of the required understory trees and shrubs. Any boulevard trees or reforestation plantings required in the buffer yard can be counted towards required overstory buffer yard plantings if there is insufficient room for both types of plantings. The proposed amendment allows berms to be substituted for plant materials. In some situations, a berm may be more effective than plant materials. Any berm within a buffer yard would have to be landscaped as there would be plantings required. Additionally, space is often limited in buffer yard areas and finding enough room for buffer yard plantings and boulevard or reforestation plantings can be difficult. Locating plants too close together can cause growth and disease problems thereby shortening the lifespan of the buffer yard. Section 20-1176 (f) (6) Canopy trees are defined as those trees specified as primary or secondary deciduous trees or conifers in the city's subdivision ordinance. Planning Commission January 25, 2000 Page 3 Section 20-1176 (f) (7) Understory trees are defined as those trees specified as ornamental or - conifer trees in the city's subdivision ordinance. The proposed amendments include conifers as overstory trees. All evergreens in the city's approved tree list, with the exception of the arborvitae, reach at least 40 feet in height at maturity_ Evergreens had been counted in the ornamental/understory category, however, these type of trees are generally twenty feet or less in height. Staff recommends the arborvitae continue to be classified as understory. g:\plan\js\buffer ord rev.doc ZONING Sec. 20-1145. Landscaping and screening. § 20-1176 All berths shall be screened from public rights -of -way and from view from the property across the street frontage and/or from the zoning district boundary when the adjacent property or property across the street frontage or side street frontage is zoned or used for residential purposes. The screening shall be accomplished as required in article XXV. (Ord. No. 80, Art. VII, § 2(7-2-4), 12-15-86) Sec. 20-1146. Design. All loading areas shall consist of a maneuvering area in addition to the berth and shall not use any of that portion of the site containing parking stalls. Maneuvering areas shall be of such size as to permit the backing of truck tractors and coupled trailers into a berth without blocking the use of other berths, drives, maneuvering areas or public rights -of -way. (Ord. No. 80, Art. VII, § 2(7-2-5), 12-15-86) Sec. 20-1147. Required loading areas. (a) Any use which the city believes requires the provision of designated spaces for the loading, unloading or parking of trucks or semi -trailers shall provide such spaces and maneuvering area in the number and configuration which shall be deemed necessary in order to prevent interference with the use of the public right-of-way and with vehicles entering onto or exiting from the public right-of-way. (b) Semi -trailer spaces shall be at least fifty-five (55) feet in length, ten (10) feet in width and fourteen (14) feet in height plus necessary additional maneuvering space. (c) Spaces shall not be located on a street side of any building, or, if so located, shall be provided with screening deemed adequate by the city. (d) Spaces and the associated maneuvering area shall be at least fifty (50) feet from the property line of any residentially designated property. (e) No trucks shall be parked in areas other than those designed for such purpose on an approved site plan. (Ord. No. 80, Art. VII, § 2(7-2-6), 12-15-86) Secs. 20-1148-20-1175. Reserved. ARTICLE XXV. LANDSCAPING AND TREE REMOVAL* DIVISION 1. GENERALLY Sec. 20-1176. Intent, scope and compliance. (a) The intent of this article is to improve the appearance of vehicular use areas and property abutting public rights -of -way; to require buffering between noncompatible land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare. *Editor's note --Section 1 of Ord. No.153, adopted Nov 4,1991, amended Art. XXV to read as set out herein. Prior to amendment, Art. XXV contained §§ 20-1176-20-1179, 20-1191- 20-1194, 20-1211-20-1214, 20-1231-20-1234, which pertained to similar subject matter and derived from Ord. No. 80, Art. VIII, §§ 1-7, adopted Dec. 15, 1986. Supp. No. 9 1251 ZONING § 20-1176 b. Determine the buffer yard required on each boundary, or segment thereof, of the subject property by referring to the following table of buffer yard requirements and illustrations [set out at the end of subsection (2)] which specify the buffer yard required between adjacent uses or streets. C. Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per one hundred (100) linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two (2) uses or adjacent to a collector or arterial right-of-way. The plant unit multiplier is a factor by which the basic number of plant materials. required for a given. buffer yard is determined in accordance with the selected width of the yard. The project developer shall be responsible for providing seventy-five (75) percent of the required plantings. If abutting property owner(s) desire to bring the buffering to one hundred (100) percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining twenty-five (25) percent of the required plantings on their own property. d. Whenever a wall, fence, or berm is required within a buffer yard, these are shown as "structure required" in the buffer yard illustrations. The erection and main- tenance of all required structures shall be the responsibility of the buffer yard provider (project developer). Maintenance of the structure shall be the responsi- bility of the landowner on whose property the structure is located. C. All buffer yards shall be maintained free from all forms of development or storage of equipment or materials. A ground cover of vegetative or organic material shall be provided. Buffer yards shall be maintained free from junk and debris. Dead or diseased vegetation shall be removed and replaced with healthy vegetation. The responsibility to maintain, remove or replace plant materials shall be that of the landowner on whose property the plant material needing maintenance or replacement is located. TABLE OF BUFFER YARD REQUIREMENTS Proposed Development Adjacent Land Use LL/LD MD HD OFF MIX COM PUB ACT PASS OFFIIND LL/LD none B C C C D B B A D MD none A B B C D B B A D HD none A A B C D B B A D OFF none B B A B B B B B B MIX none C C B B B C C C B COM none C D B B A C C C B PUB none A A B C C A A A C ACT none A B B B C A A A C PASS none A A B B C A A A C Supp. No. 9 1253 r ■ ZONING BUFFERYARD A REOUIRED PLANT UNITS/100 • I Canopy Trees + 2 Understory Trees 3 Shvbs d Evergreen Trees/ im Conif ers Plant Unit 100' Multiplier .4 2 0 d • ..a � lea § 20-1176 Supp. No. 9 1254.1 • ZONING § 20-1176 BUFFERYARD REQUIRED PLANT UNITS/100' 3 Conopy Trees 6 Understory Trees 0 9 Shrubs d Evergreen Trees/ Conifers Plant Unit 100' Slrucfure Multiplier Required 6 25' .$ d��b�d _ J 1.0 2H: Lower Irdensity Use Am Ngher fralawty Supp. No. 9 1254.3 • 1 ZONING SYMBOLFENCES. TYPICAL .. - — -- _ t, ... Rail 48 III............ ... Picket F3 61 F4 8' Wood Stockade § 20-1176 MINIMUM OPACITY 25% 50% 95% Supp. No. 9 1254.5 j 0 CITY OF MEMORANDUM C11tllI11H►J► E TO: Planning Commission 690 City Center Drive, PO Box 147 FROM: Cynthia Kirchoff, Planner I Chanhassen, Minnesota 55317 Phone 612.937.1900 DATE: January 26, 2000 General Fax 612.937.5739 FngineeringFax 612.937.9152 RE: Home Occupation Ordinance Issue Paper Public Safety Fax 612.934.2524 Web wiviuci.chanhasseu.nin.its SUMMARY Staff receives numerous complaints on outdoor storage and/or additional traffic associated with home -based businesses. The City regulates home occupations, however, some gray areas exist in the interpretation of the ordinance. That is, if it is not specifically stated, is the business activity permitted? The purpose of this memorandum is to offer an overview of the issues relating to home occupations and recommend amendments to the ordinance. BACKGROUND Although zoning has only existed since the turn of tine century, its impacts are profound and far-reaching. Zoning originated to protect the value of the single- family home from incompatible uses. The logic was, in order to protect its value all other non-residential uses must be located as far away as possible. This included two-family dwellings and apartments. All uses were segregated. Two- family homes were separated from single-family homes and the corner grocery store was relocated to the arterial roadway. Ultimately, zoning altered a functioning way of life in some older urban areas and created traffic problems in the outlying suburbs. For instance, Mrs. Smith can no longer operate a hair salon in the basement of her home because it violates the home occupation ordinance. The salon must be located in a business district, perhaps only a car ride away from home but more likely a 45-minute commute. Local govermnents attempt to mitigate the impacts of a small business in a residentially zoned district by adopting a home occupation ordinance. Issues such as the types of businesses permitted and prohibited, the number of non-resident employees and the hours of operation are typically regulated. Many of the ordinances are out of touch with today's economy and lifestyles. The City of Chanhassen. AgrowingComm unity with clean lake, quality, schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and play Planning Commission Home Occupation Issue Paper January 26, 2000 Page 2 History of our zoning ordinance The City adopted its first zoning ordinance in February of 1972. This rather short document, only 23 pages, addressed regulations for various zoning districts, general regulations (e.g., signs, accessory buildings, etc.), non -conforming uses, variances and conditional use permits. A specific home occupation ordinance was not included, but the following definition was: "Home occupation is any occupation or profession carried on by a member of the immediate family residing on the premises in connection with which there is no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling. There shall be no commodities sold upon the premises and no person employed therein other than a member of the immediate family residing on the premises or domestic servants: and no mechanical or electrical equipment shall be used except such as is normally used for purely domestic or professional purposes. No accessory building shall be used for such home occupation. Clinics, hospitals, barbershops, beauty parlors and animal hospitals are not home occupations." In 1983, the zoning ordinance was amended to allow home occupations in the residential and planned unit development districts. The next year, the ordinance was amended to allow contractors' yards as conditional uses in the R-lA district. This amendment was repealed in 1989. A major zoning ordinance amendment took place in 1986. The home occupation ordinance was included in this revised document and has remained virtually unchanged in 13 years, with the exception of one amendment. In 1995, the home occupation ordinance was amended to prohibit contractors' yards as home occupations. The issue with the existing ordinance is that it permits professional services, crafts and tutoring and prohibits only contractors' yards/landscaping businesses. Therefore, the ordinance is both inclusive and exclusive. It is also contradictory. For instance, it prohibits the use of an accessory structure yet it permits cabinet making. It is uncommon for one to build cabinets in a dwelling unit. Issues Associated with Home Occupations The City of Chanhassen does not require a license for home occupations therefore, we are not aware of the business until it becomes a nuisance to the neighbors. Generally, the zoning ordinance is enforced on a complaint basis. If a neighbor notices additional traffic or outdoor storage the City usually receives a telephone call. Staff inspects the property and drafts the property owner a letter indicating any code violations. The greatest number complaints concern contractor's yards. A contractor's yard is defined as any of use of land where vehicles, equipment, and/or construction materials and supplies Planning Commission Home Occupation Issue Paper January 26, 2000 Page 3 commonly used by building, excavation, roadway construction, landscaping and similar contractors are stored or serviced. A contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conjunction with a contractor's business. Typically, the complaints involve materials or equipment being stored or parked in a driveway. Technological and lifestyle changes mean more people can work from the home. Although a home office is permitted under the ordinance, a substantial number of delivery trucks and visitors/clients will create additional traffic, thus disturbing the neighbors (See Attachments 2-4). Purpose of a Home Occupation Ordinance A balance must be established between rights of all property owners. That is the purpose of a home occupation ordinance. It allows the incubation of a small business, yet protects the integrity of the neighborhood. In the following sections, staff attempts to review the issue associated with the home occupation ordinance and make recommendations for modifications. ANALYSIS Home occupation ordinances are essentially borne out of the same mold. However, they still are drafted and interpreted differently. The following section demonstrates the differences. Definition The definition of an item in the zoning ordinance may serve the purpose of a broad overview or may offer more specifics. Defining a home occupation is just as important as the ordinance because it may not address every occupation. A definition may provide additional insight not explicitly stated in the ordinance text. The following are definitions from various municipalities: "Any activitv carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit." "A home occupation is defined as any business occupation profession or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use." (Blaine) "Any occupation of a service character which is clearly secondary to the main use of the premises as a dwelling, and does not change the character thereof or have any exterior evidence of such secondary use." (Eden Prairie) Planning Commission Home Occupation Issue Paper January 26, 2000 Page 4 "Any activity carried out for gain by a resident conducted as an accessory use entirely within the resident's dwelling unit, employing only the inhabitants thereof without the use of a sign to advertise the occupation, without offering any commodity or service for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property such as odor, increased traffic, smoke, or electrical interference. Specifically excluded is the storage of display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which located." (Plano, TX) "A business or profession which is customarily carried on in a dwelling unit (or in a building or other structure accessory to a dwelling unit) by a member of the family residing in the dwelling unit. Home occupations shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes, and shall conform to the regulations and requirements of Section 80.1001.1-2 of this ordinance. Receipt of mail and the making and receiving of telephone calls and other routine office work done exclusively by the dwelling unit resident are not prohibited and do not constitute a home occupation. If, however, the business involves storage of materials, goods, equipment or supplies other than ordinary office supplies or generates any traffic or deliveries other than mail, it is a home occupation." (Canandaigua, NY) "A home occupation is an accessory use of a dwelling unit that is: (A) used for gainful employment that involves the provision, assembly, processing or sale of goods and/or services; and (B) Incidental and secondary to the residential use of the structure and does not change the essential character of the dwelling unit; but (C) Excludes uses that provide shelter or lodging to persons who are not members of the family residing in the dwelling unit as defined in Chapter 18, `Definitions,' of this ordinance." (Evanston, IL) "A `home occupation' is an occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which is carried on by a member of the family residing in said dwelling unit." (Niskayuna, NY) "Home occupation means a business or enterprise conducted in a dwelling and incidental to the principle residential use whether conducted for profit or not for profit." (Stillwater, MN) In reviewing the definitions, several terms or phases are consistently mentioned: • customary, incidental • secondary to the main use of the premise as a dwelling • does not alter character of the residential neighborhood • carried out for gain by a resident • business, occupation, professional or commercial activity that is conducted from property that is zoned for residential use Planning Commission Home Occupation Issue Paper January 26, 2000 Page S According to the majority of ordinances, a home occupation should be incidental and secondary to the main use of the property. If it becomes a primary use of the property, the business should be relocated to a more appropriate business or industrial zoning district. Currently, our definition of home occupation is as follows: "...an occupation, profession, activity or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood." The definition addresses all issues except the activity is "carried out for gain by a resident." Perhaps the definition should be amended as follows: "...an occupation, profession, activity or use carried out for gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood." Ordinance Contents Home occupation ordinances are usually organized around the following principles: permitted uses, prohibited uses and performance standards. The following table depicts the format of 11 home occupation ordinances. TABLE 1 Suburban Home Occupation Ordinances Community Specify Permitted Uses Specify Prohibited Uses Performance Standards Purpose or Intent Statement Permit Required Andover X X X Special use permit, depending on use Blaine X X CUP, depending on use Bloomington X X X CUP, depending on use Burnsville X X Chaska X X Cottage Grove X X X CUP Eden Prairie X Edina X X X Mankato X X Maple Grove X Planning Commission Home Occupation Issue Paper January 26, 2000 Page 6 Minnetonka X CUP, depending on use Shakopee X Administrative permit Permitted Uses Many communities, including the City of Chanhassen, list permitted home occupations. The most common permitted uses are dressmaking/tailoring, architect/landscape architect, teaching service, day care, sales representative, word processing service and photography. The problem associated with specifying permitted uses is that it may exclude a use that may be appropriate in a residentially zoned district. It would be easier to simply note the prohibited uses. Furthermore, some uses listed are outdated (e.g., millinery service or hat making) because the economy or lifestyles have changed. Prohibited Uses The most common prohibited uses are barbershop/beauty parlor, hospital/clinic, contractor's yard, repair service, funeral home, restaurant, antique or gift shop, professional office, kennel, massage/health club, medical and dental office, landscaping service and music and dance school. Many of these uses created traffic problems or would quickly become the dominant use of the dwelling. Foremost, the business activities listed are not serving just the surrounding community or neighborhood but are regional, thus creating additional traffic or activity. Also, some uses that are specifically prohibited, if conducted in accordance with an ordinance, may not disrupt the neighboring properties. Performance Standards Performance standards are, by definition, a set of criteria relating to certain characteristics that a particular use may not exceed. These standards may include limiting the occupation to one non- resident employee, the hours of operation and the area in the utilized for the business. This is the best method for restricting home occupations. The City of Chanhassen limits the hours of operation, the amount of traffic and parking, the number of nonresident employees and prohibits retail sales. Purpose or Intent Statement A purpose or intent statement serves to express the objective of the ordinance. The intent in most cases is to protect adjacent properties from the business or activity. Burnsville's ordinance states that "The purpose of this Chapter is to maintain the character and integrity of residential areas Planning Commission Home Occupation Issue Paper January 26, 2000 Page 7 and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood." Chaska's states "It is the intent of this Section to provide for those customary home occupations which will not be detrimental to the desired low intensity residential environment." The City of Chanhassen does not have an intent or purpose statement. Permits A few of the communities surveyed require a permit to operate some home occupations. For instance, Andover requires a special use permit for occupations conducted in a garage or accessory structure such as cabinet making, woodworking, repair services and similar uses. Cottage Grove requires a conditional use permit for all home occupations. If a conditional use permit is required, enforcement policies must be established. Typically, CUPs are reviewed on a complaint basis. Staff would review the conditions of approval of the permit and determine if the property owner is in compliance. This would take the time of staff as well as the Planning Commission and City Council. PROPOSED AMENDMENTS Staff has prepared amendments to the existing ordinance. All new information is in bold and any outdated information has been struck -through. ARTICLE I. GENERAL Sec. 20-1. Definitions. Home occupation means an occupation, profession, activity or use carried out for gain by a resident that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood. ARTICLE XXIII. GENERAL SUPPLEMENTAL REGULATIONS DIVISION 3. HOME OCCUPATIONS Sec. 20-976. Gemplianee. Purpose. A home eeetipalion may be established and eandueted only in aeeefdanee withthis division. The purpose is of this ordinance is to regulate home occupations in residential zoning districts to ensure they are incidental to the primary Planning Commission Home Occupation Issue Paper January 26, 2000 Page 8 residential use of the property and to establish standards that compel compatibility with other permitted uses and maintain the character of the residential neighborhood. Sec. 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area one (1) floor of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. Sec. 20-978. Occupations meted prohibited. .............. ����\.�...�nr.....ri..�i�..C�::.:I:\'�:inner.. r� �i.:_ir��ta'�..e��r..ua....�•�.'�a..w:I:..r��•�..:.:�a.r:i.:rn�::r..��.il ¢6-) (1) Contractors' yards/landscaping businesses are pfahibited faf hafne oeettpations. Sec. 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. Sec. 20-980. Hours of operation. The hours of operation of any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. Planning Commission Home Occupation Issue Paper January 26, 2000 Page 9 Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220) volts single phase shall be used in the conduct of a home occupation. Sec. 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would be normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3) parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to service the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. Exterior parking of trailers, Bobcats, landscaping equipment, cement mixers, and other similar types of equipment used in the home occupation is prohibited. Parking of vehicles in excess of 22 feet in length is prohibited. Sec. 20-983. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. Sec. 20-984. Nonresident employee. Only one (1) nonresident of the dwelling unit may be employed upon the premises of a home occupation. Sec. 20-985. Commercial vehicles. No commercial vehicles in excess of nine thousand (9,000) pounds gross weight shall be used in connection with the home occupation or parked on the property. RECOMMENDATION Staff requests direction to draft an amendment to the home occupation ordinance based upon the information discussed in this memorandum. At a later date, a public hearing would be held before the Planning Commission and your recommendation would be forwarded to the City Council. Planning Commission Home Occupation Issue Paper January 26, 2000 Page 10 ATTACHMENTS 1. Home Occupation Ordinance 2. "Home Occupations and Zonin&" New Hampshire Town and CitX, July -August 1988 3. "When Home is Where the Business is," Zoning News, December 1991 4. "Home Occupations as Accessory Uses," Zoning News, January 1996 g:\plan\ck\zoning ordinance amendments\home occupation issue paper.doc &TI-A"/I%NT I § 20-959 CHANHASSEN CITY CODE Sea 20-959. Explosives. Any use requiring the storage, use or manufacturing of products which could decompose by detonation shall be located not less than four hundred (400) feet from any R, District line provided that this section shall not apply to the storage or use of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. No. 80, Art. VI, 1(6-1-9), 12-15-86) Sea 20-960. Surface water management. All development shall comply with the city's surface water management plan dated February 1994, which is incorporated herein by this reference. (Ord. No. 227, § 1, 10-24-94) Secs. 20-961-20-975. Reserved. DIVISION 3. HOME OCCUPATIONS Sea 20-976. Compliance. A home occupation may be established and conducted only in accordance with this division. (Ord. No. 80, Art. VI, § 8, 12-15-86) Sea 20-977. Subordinate use. The use of a dwelling unit for any home occupation shall be clearly incidental and subordinate to its residential use. Not more than twenty-five (25) percent of the floor area of one (1) floor, of a dwelling unit shall be used in the conduct of the home occupation. No garage or accessory buildings except accessory agricultural buildings existing on February 19, 1987 shall be used for any home occupation. (Ord. No. 80, Art. VI, § 8(6-8-1), 12-15-86) Sea 20-978. Occupations permitted. (a) The following home occupations are permitted: (1) Professional services such as architects, engineers, attorneys, office, real estate agents, insurance agents, and computer programmers, secretarial services, and manufacturer's representatives. (2) Dressmaking, sewing, and tailoring. (3) Painting, sculpturing or writing. (4) Home crafts such as model making, rug weaving, lapidary work, pottery and cabinet making. (5) Tutoring services (e.g. piano teacher). 5upp. No. 8 1238 ZONING § 20-979 (6) Contractors' yards/landscaping businesses are prohibited for home occupations. (Ord. No. 80, Art. VI, § 8(6-8-2), 12-15-86; Ord. No. 240, § 24, 7-24-95) Sec. 20-979. Outside appearance. The home occupation shall be conducted entirely within a fully enclosed building. No change in the outside appearance of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted. Outdoor storage of anything is prohibited in connection with a home occupation. (Ord. No. 80, Art. VI, § 8(6-8-3), 12-15-86) Supp. No. 8 1238.1 ZONING Seca 20-980. Hours of operation. § 20-1001 The hours of operation for any home occupation shall be limited to between 8:00 a.m. and 8:00 P.M. (Ord. No. 80, Art. VI, § 8(6-8-4), 12-15-86) Sec. 20-981. Use of equipment. No mechanical or electrical equipment requiring the use of voltage in excess of two hundred twenty (220) volts single phase shall be used in the conduct of a home occupation. (Ord. No. 80, Art. VI, § 8(6-8-5), 12-15-86) Sec. 20-982. Traffic and parking. No traffic shall be generated by any home occupation in greater volume than would normally be expected in a residential neighborhood, and no home occupation involving the need for more than three (3) parking spaces for the occupants and visitors shall be permitted. Adequate off-street parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facilities shall be established within any required front or side yard, except upon an established driveway. (Ord. No. 80, Art. VI, § 8(6-8-6), 12-15-86) Sec. 20-983.. Retail and wholesale sales prohibited. No commodities, merchandise or supplies shall be sold or offered for sale upon or from the premises, whether at retail or wholesale. (Ord. No. 80, Art. VI, § 8(6-8-7), 12-15-86) Sec. 20-984. Nonresident employee. Only one (1) nonresident of the dwelling unit may be employed upon the premises of a home occupation. (Ord. No. 80, Art. VI, § 8(6-8-8), 12-15-86) Secs. 20-985-20-1000. Reserved. DIVISION 4. ANIMALS Sec. 20-1001. Keeping. The following animals may be kept in the city: (1) Household pets are an allowed use in all zoning districts. (2) Horses in the A-1, A-2, RR and RSF zoning districts in accordance with chapter 5, article III. (3) Farm animals are an allowed use on all farm property. Farm animals may not be confined in a pen, feed lot or building within one hundred (100) feet of any residential dwelling not owned or leased by the farmer. 1239 �k Home occupations and zoning Time to Modernize an Outdated Approach by 11-lichael Donovan, Esq. Home occupations are a growth industry in our high- tech society. According to a recent TIME article, home pro- fessionals now total 9 million, with the number growing at a rate of 15% per year. By 1990, 11.4% of the U.S. work force will be working in the home. Computers and telecommunications advances have broadened the spectrum of home business activity, which once was limited to physicians, piano teachers, writers and the like. Engineering specialists, desktop publishers, word processors, bookkeepers, stockbrokers, graphic designers and "management consultants" of all kinds now work at home. Further, the evolution of "telecommuting" — i.e. working at home while on a corporate payroll — means that home occupations are no longer strictly the realm of the self-employed. This trend in our economy adds further complexity to an area of planning and zoning that has always been troublesome for local officials. Most zoning regulations governing home occupations evolved from language crafted more than 50 years ago when "customary home occupa- tions" of the time were permitted in residential districts in order to make the then radical idea of zoning palatable. Since then, local officials have constantly struggled to determine what is (or what is not) an allowable home oc- cupation. Numerous disputes over local decisions have made home occupations' -one of the most frequently litigated zoning issues. Some Legal Guidelines As a result, a number of relatively clear legal guidelines apply to home occupation questions. Local officials can avoid unnecessary conflict by understanding and correctly applying these principles. The following are provided with the caveat that the precise wording of the local zoning or- dinance may make them inapplicable in some cases. 1. Home occupations must be performed in the home. This rule seems simple enough to understand — but it often is not. A frequent conflict involves the sole - proprietor building contractor who lists his home as his business address and then claims to have a home occupa. tion. A Concord case about a roofing contractor is often cited in treatises as a lead case on this matter [see Perron v. City of Concord, 102 NH 32 (1959)). In affirming that home occupations must be performed in the home, the NH Supreme Court observed: "You don't take somebody's roof home and work on it," 2 Large commercial vehicles cannot be parked on a residential lot. This rule is difficult for many to accept, but the law is quite clear. Unless a zoning ordinance ex- plicitly provides otherwise, one cannot park most large commercial vehicles on a residentially zoned lot — either under the guise of a "home occupation" or as accessory to a dwelling. The cases do allow one to park smaller vehicles such as pick-up trucks at the home. However, even in a garage, larger commercial vehicles such as road graders, oil delivery trucks, backhoes, bulldozers, tractor. trailer cabs and dump trucks have all been prohibited by the courts. 3. A business office is not a home occupation. Case law has developed a distinction between a "business of- fice" and the "professional office" allowed as a customary home occupation by most zoning ordinances. The rule is that unless the ordinance explicitly allows a particular type of office (or implicitly allows it through the words "such as") most business offices will not be allowed. Ex- amples include contractors, interior decorators, realtors and insurance agents. 4. Realtors are not professionals. Contrary to their advertising claims, realtors are not professionals in the eyes of the Court. If a zoning ordinance merely allows "pro- fessional offices" but does not explicitly provide for real estate offices, one will not be allowed. Interestingly, one of the cases upholding this premise in New Hampshire was brought by former State Planning Director Mary Louise Hancock [See Hancock v. City of Concord, 111 NH 413 (1971)l. The same principle applies to insurance agents and other self-proclaimed professionals. The Need to Modernize Regulations The evolving trend towards both an increased amount and a wide diversity of home businesses will ultimately conflict with the outdated "customary home occupations" provisions of zoning ordinances and the court -imposed principles flowing from them. Many of the emerging home occupations of today fit the prohibited business office mode rather than the professional office mode. Yet, paradoxically, they may be much less intrusive to a neighborhood than some "customary" home business. For example, an import broker of specialty food products who buys and sells by telephone, manages by computer and seldom has more than a van -load of high -turnover in- ventory on -hand would be held to be a prohibited business office under most current home occupation provisions. Fur- thermore, the van might be prohibited, with or without the home office, under the commercial vehicles rule. However, such a home business would be far less disrup- tive of neighborhood tranquility than the office of a busy physician generating patient traffic and on -street parking problems to the neighborhood. In order to avoid senseless legal conflict that may end up thwarting desirable, unobtrusive economic growth, municipalities should modernize their home occupations restrictions. Reliance on the term "customary home oc- cupations" and attempts to define it should be eliminated in favor of a set of explicit performance criteria designed to measure a home business against its impact on the (Continued on page 38) New Hampshire Town and City/July-August 1988 19 HOME OCCUPATIONS (Continued from page 19) residential environment. Performance criteria should in- clude the typical limitations on the number of non -family employees, parking and floor space found in some or- dinances as well as new -criteria limiting trip generation, truck deliveries, on -premise inventory, on -premise business vehicles and exterior stmge. Variations in criteria that ale sensitive to differentzeesidential densities should also he considered. With such an approach, the rules will be clear and not tied to an elusive, ever -changing concept. Administrative frustration and legal disputes will be reduced. Most im- portantly, the exercise of developing the performance criteria will allow local planners to properly balance the right of individuals tb use their home for meaningful economic pursuits against the right of neighbors to residential tranquility. ■ AUTHOR NOTES: Michael Donovan is an attorney and planning consultant specializing in land use matters. He is a former planning director and city manager of Berlin, NH. Site Planning/Engineering Highway Engineering Traffic Impact Studies Surveying and Mapping water and Wastewater Engineering oWRIGHT—PIERCE ENGINEERS 17o Comm or 4 Way Portsmouth. NH 03801 (/S03) 436-0174 pa Male Street Tc0eh4m, MJ_ 04080 (207) 726-6721 0 RESTORATION AND NEW CONSTRUCTION Restore Deteriorated Concrete Reface Stick and Block Refractory Applications Thin ShOU Construction ;.C'DNSOLJDATION. VOID FILLING AND "SEALING ACTIVE LEAKAGE fpressure Injection of Polymer Base Materials to Consolidate Solis and Stabili2s Structures "'WELDING** CONCRETE AND MASONRY Pressure Injection of Specially Formulated 1D0% Solids to Weld Structural Craclxs and Voids Into A Restored Unit (603)224-2000 nsvl�., ich , pr vfc•S5i0JIQt ,�ssoculrinrl ACCOUNTANTS & AUDITORS SUITE 3.1 2 CAPITAL PLAZA CONCORD, NEW HAMPSHIRE 03301 Recognized Leaders in Municipal Accounting and Auditing in New Hampshire. THE SYVERTSEN CORPORATION CONTRACTORS FOR: *MECHANICAL e ELECTRICAL e FIRE PROTECTION MANCHESTER, NEW HAMPSHIRE TELEPHONE (603) 625-5782 Put New Hampshire's recognized bond counsel to work for you. Initial consultation is free. Call: Attorney David He Barnes 669-1000 Devine, Millimet, Stahl & Branch PROFESSIONAL ASSOCIATION a ATTORNEYS AT LAW I I I Amherst Street, Manchester, NE 03105 38 New HampslU )e Town and City/July-August 1988 ATTA,c -t M wmr 3 When Home Is Where the Business Is Before the Industrial Revolution, it was common to work in one's home, and most neighborhoods were mixed -use dis- tricts. Times have changed since Renaissance artisans made shoes on the first floor and ate and slept in the back or upstairs. The old practice of traveling a few feet to work, however, is not only still alive but gaining in popularity. Office workers are using personal computers and modems to stay out of traffic Jams and the early morning scramble for breakfast and clean socks. Artisans are still at home sewing and repairing clothing, baking bread, or building cabinets. Even traveling salespeople may use their homes to set up appointments and update their books. Workers producing from dens and basements can help to solve some knotty land -use problems. For instance, they are staying off the highways during peak hours, contributing to neither traffic tie-ups nor auto pollution. Instead, they boost the daytime population in areas that might need a few more eyes on the streets. Finally, home workers often provide services, such as day care or dental care, that neighbors may be glad to have nearby. _Drawbacks But home occupations create problems, too. Some generate a steady flow of traffic, causing parking problems and endangering children playing in the area. If too many home businesses require signs, or if proprietors stage goods outdoors, the area's.residential nature may change to that of a commercial or transitional zone. An operation that began as an asset to the neighborhood could outgrow its space befaie the owner realizes it. For instance, expansion of& neighborhood catering service could mean more delivery trucks, parking spaces for clients and employees, and extra demands on the utility system. Local governments may also be concerned about losing tax dollars because property in commercial districts is taxed at a higher rate than that in residential areas. This raises the question of fairness to other merchants and business owners in the community. An owner who does not have to pay extra rent or property taxes has an advantage over competitors in a -commercial district. In Canada, tax laws allow local governments to tax the portion of a house devoted to a.business at a higher rate than the rest of the building. DECEMBER 1991 Wffs AMERICAN PLANNING ASSOCIATION Definitions and Permits Plano, Texas, defines a home occupation as "any activity carried out for gain by a resident which results in the manufac ture or provision of goods and/or services and is conducted as an accessory use in a dwelling unit." The Mount Prospect, Illinois, ordinance says, "A home occupation may include a for -profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual." The term "cottage industry" is occasionally used, but can be confusing since it implies a bigger enterprise than most home occupations. Some municipalities control home occupations by requiring permits. Bellevue, Washington, has three types. Class 1 permits are for occupations with no external indications that the building is more than a home. Class 2 permits cover service businesses with external indicators such as signs or marked delivery vans. Class 3 permits cover family day care centers. People who want a class 1 permit merely register with the city, but other permits require an approval process. The Schaumburg, Illinois, ordinance requires a special permit only when there will be more than one home occupation on the site, or if the business involves food handling or the care and treatment of humans or animals. The ordinance requires that all home occupa- tions be inspected yearly for compliance. Lists Versus Standards All ordinances restricting home occupations are intended to prevent them from becoming nui- sances. This is not easy because different occupations become nuisances in different ways. Some generate noise and no traffic, others generate traffic and noise but no fumes, and others are a problem only occasionally. The zoning administrator must write an ordinance that protects the neighborhood while being flexible enough to allow a myriad of appropriate home uses. For years, zoning administrators used the laundry list approach. Zoning codes named permitted occupations — writing, typing, and selling insurance —and those not permitted —repairing autos, practicing medicine, or running a bed and breakfast. With the advances of technology and the unlimited imaginations of those who want to work at home, this method no longer works. Ordinances now set standards describing how large a business may be and how it will affect the neighborhood. Ordinances that combine both methods are primarily based on the standards. However, they are also likely to list several occupations that clearly have little or no impact. These might include telephone sales, free- lance writing, or data entry. Another list might cover problem occupa- tions, those that will not be permitted under any circumstances. This could include beauty parlors, dance studios, or mortuaries. Standards Ideally, an ordinance should be flexible enough to let an owner incubate a small business, but firm enough to push a full-fledged enterprise into a neighborhood commercial zone. One way to do this is to limit the percentage of space in the home that can be dedicated to a business. While this maximum is usually 25 percent, Plano, Texas, allows 20 percent, and Fairview Heights, Illinois, allows 25 percent up to 300 square feet of floor space. William Toner, in Planning for Home Occupations (PAS Report No..316), points out that this limit on floor space can cause problems. For instance, children at a family day care center will probably be permitted in most of the house, and professionals might want to hold group meetings that take up a lot of space. In his report, Toner suggests ways of developing a time -space ratio. This could be hard to administer, however. Thus, it may be better for the zoning administrator to recog- nize the ordinance's purpose and make reasonable exceptions. Another common limit is on the amount and type of business -related material that may be stored. The home is not to be a warehouse, and neither the residents nor the neighbors should be exposed to the dangers of hazardous, flammable, or explosive material. Mount Prospect allows a home business owner to store up to 100 cubic feet of inventory indoors, about enough to fill a closet. Bellevue, Washington, like most other communities, prohibits any outdoor storage of materials. If the ordinance's primary concern is to protect a residential neighborhood from becoming a commercial district, the standards regarding a building's outside appearance are particularly important. Some ordinances, such as those from Bellevue and Mount Prospect, forbid signs and any other indications that a business is being conducted behind the front door. Other municipalities, such as Eau Claire, Wisconsin, limit the owner to one sign, no bigger than one square foot, mounted flush against the wall or visible through a window. The sign may not be illuminated. Plano prohibits alterations that detract from the building's residential nature. Schaumburg, Illinois, does likewise, and also prohibits an owner from building a separate entrance just to accommodate the needs of the business. Standards also usually limit the number of outside employees who can work in a home. A few ordinances, such as Eau Claire's, limit business employees only to immediate family members who live in the dwelling. A better way to write this would be to omit the mention of family members, limiting employees to members of the household, whether blood kin or not. This is more in keeping with the law's purpose and protects the administrator from having to define "immediate family." Other communities, such as Bridgewater, New Jersey, allow up to two employees, while Plano, Texas, allows only one. Plano also defines an employee as one who "receives a wage, salary, or percentage of profits directly related to the home occupation." A key concern with the ordinance should be to limit traffic and prevent residents from having to compete with business employees and customers for parking places. Besides limiting employees, this can also be done by limiting sales. It is probably impractical to forbid any sales from taking place at the residence. After all, any exchance of services for monev may be considered a sale, and Avon salespersons are also in the business of selling. But the home should not become the local branch of the nearest department store. Plano solves this by barring the display of merchandise on the premises but allowing incidental sales. The guitar teacher may sell a workbook to a student, but she cannot open a music store. Plano also lets a business owner fill telephone orders and give customers Tupperware ordered at a party. Schaumburg permits the sale of goods produced on the premises. Zoning ordinances generally cover trucks, both those owned by the home business proprietor and delivery ve- hicles. Schaumburg is vehement in restricting deliveries: "There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No deliveries by semi- tractor/trailer trucks are permitted." Plano prohibits trucks with business signs from being parked on the street or within 30 feet of the curb. Eau Claire says that business vehicles cannot be bigger than a pickup and must be parked off the street. Schaumburg and Plano require that parking needs be accommodated with off-street spaces or along the front of the lot with the home occupation. These ordinances also specify that traffic shall not be increased beyond the amount normally generated in a residential area. This specification is vague and may be difficult to enforce. Zoning originated to protect residential areas from the pollutants and irritations of factories. Home occupation ordinances should continue this tradition by forbidding the use of toxic materials and by discouraging the home occupation from becoming a nuisance. The Fairview Heights, Illinois, ordinance states that there shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare spilling over the property line. Mount Prospect also prohibits television, radio, and electrical interference, and fire hazards. Rural Areas The standards for home occupations in less populous areas should be less strict. Fewer neighbors feel the impacts of increased traffic, noise, or vibrations. An even more important reason for relaxing the rules in agricultural areas has to do with the local economy. Family farm owners, most of whom rely on supplementary income, may work at home in order to stay ahead of debts. Also, if the closest town is more than a few miles away, the rural home worker can provide necessary services locally. While most urban home occupation ordinances prohibit animal hospitals and kennels, this use is more appropriate in the country. Rural areas have enough space to accommodate the odors and noises, while allowing the animals enough room to exercise. East Earl Township, in Lancaster County, Pennsylvania, also permits butcher shops, a dry goods store with a limited display area, and shops for metalworking, woodworking, and craft manufacturing. East Earl attaches a few standards, however. For instance, only one building may be used to house the business, and only 2,400 square feet of floor area may be devoted to the business. The business space must be separate from nonbusiness space in any building larger than 2,400 square feet. The ordinance prohibits outside storage of products, equipment, and supplies, nnci rerniires that the hnsiness owner live on the nronerty. The ordinance also allows bed and breakfasts in single-family detached units. (For more information about bed and breakfasts. see Zoning News. December 1989.) En%rcement By definition, people working at home are hard to find. Rather than populating commuter trains and busy downtowns, they are tucked away in dens and workshops. Often, this is not a problem. if the primary purpose of the home occupations ordinance is to limit nuisances, an owner running such a quiet shop is probably in compliance with most of the standards. The most effective enforcement often comes from irate neighbors. Mrs. Jones, who has had it with the noise from Mr. Smith's woodworking tools, calls one city department after another until she reaches the zoning administrator, who informs Mr. Jones that there is a code and that he is in violation. Mr. Jones may be required to apply for a permit for his operation or, if he has a permit, to comply with the standards before it can be renewed. While this ad hoc method of enforcement probably works better than any other, there should be an effort to educate the public about home occupations, if only in the interest of good will between Mrs. Smith and Mr. Jones. Mount Prospect developed a flyer written in plain language that defines home occupations and lists the standards. It is available in the lobby of the city hall. Zoning administrators should also consider sending press releases to local newspapers and distributing pamphlets through civic organizations. C.K. Preservationists Play Their Trump Card Donald Trump's latest real estate deal has produced a firestorm of controversy in Palm Beach, Florida. The battle lines have been drawn over the New York developer's plans for Mar-a-Lago, a lavish Mediterranean -style castle built in 1927 by cereal heiress Marjorie Merriweather Post. Trump bought the castle and estate in 1985 for $5 million, in a deal much heralded at the time because Post had spent $7 million to build what is now viewed by many as a white elephant. Trump, now in financial straits, plans to recoup some of his losses by subdividing the 17 acres surrounding Mar-a-Lago and building eight luxurious single-family houses, which he hopes to sell for $5 to $7 million apiece. Both Trump and his advisers apparently failed to recog- nize the significance of the castle's status as a National Historic Landmark and have been taken aback by the formidable opposition mounted by the Palm Beach Land- mark Preservation Foundation. Although final approval of any development rests with the town council, the Preserva- tion Foundation makes strong recommendations that carry real weight. Palm Beach has a tradition of conforming to strict design guidelines and protecting its historic buildings. On August 14, the foundation disapproved the development on the grounds that Trump did not present a preservation plan with the development plan. The town council upheld the denial at its October meeting. In the meantime, Trump had submiticii a different proposal for a planned unit development incorporating 10 single-family units. This plan has also been rejected because it was not accompanied by a preservation plan. Trump's attorneys, however, have stated that the request for a preservation plan is unusual and unnecessary. They have also noted that, since both development proposals comply with the zoning regulations, there is no legal reason to oppose them. Although they have threatened to sue, no legal action had been taken by mid -November. Despite a town council invitation to do so, Trump also has not submitted his plans in a more acceptable form. National historic preservation organizations have backed the local critics, who perceive a lack of concern by Trump for the historic and aesthetic importance of Mar-a-Lago. The National Trust for Historic Preservation has described the plan as "ill-considered and insensitive." But a small number of sympathizers point out that neither the state nor the federal government can bear the expense of supporting the castle, and the town would benefit from the increased tax base the development would create. With Trump already paying $300,000 yearly in property taxes, however, Palm Beach seems unmoved by such concerns. F.D. The Ongoing Battle of Gettysburg A zoning battle is brewing over proposed new developments near Civil War battlefields in Gettysburg, Pennsylvania. The biggest controversy is over a proposed shopping center that would interfere with views of the battlefields from the town of Benner's Hill —many of which remain virtually unchanged since 1863. Since a Wal-Mart discount store opened earlier this year, pressure from developers has grown. One developer has proposed a 320,000-square-foot shopping center that would abut the battlefield. Proposed for a 75-acre site, the Mark Development Company's Gettysburg Commons would feature 25 to 30 stores, a cinema, and 1,900 parking spaces. Some of it would fall directly within the 12,000-acre federally protected Gettysburg Battlefield Historic District, which encompasses the 6,000-acre Gettysburg National Military Park. According to a historic preservation official in Adams County, this development has not won approval. Gettysburg Borough and the surrounding townships have long been at odds over the nature and amount of develop- ment that should be permitted, with some municipal officials contending that the economy has suffered because of attempts to keep the park pristine. Developers say that preserving the park by discouraging growth in adjacent sites is too high a price to pay when average annual income in the _ county is far below that of other counties in the eastern half of Pennsylvania. According to the Baltimore Evening Sun, Richard H. Schmoyer, planning director for Adams County, believes that protecting the views throughout the park may be jeopardizing the entire area's economy: U.S. Rep. Peter H. Kostmayer, however, cosponsored legislation last year that would significantly expand the boundaries of the military park and its buffering zone, stating, "We cannot permit the desecration of one of the most hallowed sites in America. There are plenty of places in which to build shopping centers, but allowing one to be built within sight of the Gettysburg RECEIVED /'VIA C+JM VNT 1ANUARY 1996 MCW/Amcm AMERICAN PLANNING A6.Vffs ASSOCIATION Home occvpavions as Accessory Uses ByM"ks Dennisox With the rise of telecommuting, telecommunicating, and the need for day rare in families with two working parents, full-time home occupations, as well as occupations that require some work at home, are on the rise. This issue of Zoning News presents a primer on the legal framework of home occupation regulations for communities wrestling with the dianges wrought by technology and an evolving workforce. Accessory uses are ordinarily permitted in residential zoning districts, provided Home occupations, such as this art gallery in rural Maine, are subject to an they are incidental, secondary, or array eflocal ordinances governing accessory uses of residential property. subordinate to the primary permitted use of the property. It is well recognized that a professional office or other home occupational use can constitute an accessory use in a residential dwelling. In fact, most zoning ordinances specifically permit such accessory uses in residential districts provided that the profession or customary home occupation is conducted in the house occupied by the worker and other applicable criteria are met. Home occupation provisions of residential zoning ordinances generally seek to accommodate professional business uses that are reasonably compatible with the residential districts in which they are located. Thus, home occupations are generally limited to those uses that may be conducted within a residential dwelling without substantially changing the appearance or rendition of the residence or accessory structures. If the business use of residential property dominates, it will not be permitted as a valid accessory use. Ordinance Definitions of Home Occupation Accessoay Uses Along with the list of permitted uses for residential zones, most zoning ordinances contain provisions -for accessory uses that explicitly, or at least implicitly, address incidental use of the property for professional w occupadDml use. Some ordinances simply provide broad language that implies permission to conduct certain home occupations Ifa home occupation fits the broad definition of accessory use, it maybe permitted depending on the scope and intensity of the occupational use. These broadly worded provisions demand that home occupations conform to the general standards applicable to all types of accessory uses: principally, that they are customarily incidental to the dominant use of the property as a residential dwelling. On the other hand, many ordinances specifically address home occupations as a subcategory of -Accessary uses, including more specific additional criteria for Dome occupations. Some of 1ese ordinances permit or exclude specific-i3•pes of home occupations while others refer to home occupations broadly as a single category of accessory use. Both types of ordinances enumerate various standards that home occupational uses must meet before they will be permitted as accessory uses. Interpretation of Zoning Ordinance Judicial interpretation of whether a home occupation is permitted as an accessory use will focus largely on the language of the local zoning ordinance. Issues concerning ordinance construction will often settle the question of whether a particular home occupation is valid under the terms of the local ordinance. When the language is susceptible to more than one interpretation, courts will give weight to the interpretation that is least restrictive of the rights of the property owner, while staying within the confines of the ordinance. Still, if the local zoning body has substantial evidence to back its interpretation, courts will almost always accord deference to that interpretation. When an ambiguity exists, the principles of ordinance construction employed by the court will depend on the type of provisions formulated to address home occupations. When a broadly worded provision permits such occupations if they fit the general definition of accessory use, the court will generally hold that the provision allows the occupation if it is customarily incidental and secondary to the primary use of the property as a dwelling unit. When the ordinance specifically lists permitted and prohibited home occupations, parties will usually ask the court to determine the validity of a home occupation that is not listed. For example, in one case, the local ordinance specifically prohibited barber/beauty shops and automobile repair shops, but real estate offices were not listed. The court concluded that the ordinance could not be construed as prohibiting the operation of a real estate business from an individual's home when such an office was not otherwise listed in the prohibition. [ l'islisel v. Board ofAdjusnnent of Cedar Rapids, 372 N-W-2d 316 (Iowa App. 1985)1 Further. another provision permitted certain home occupations, including facilities used by a physician, surgeon, dentist, lawyer, clergyman, or other professional person, for emergency consultation or treatment, but not for the general practice of their profession. Finding that a realtor was a "professional person," and that the realtor's use of her home for calls cod contacts with clients was die type of consultation use contemplated by the ordinance, the court concluded that the home occupation was valid. Another important issue may arise in home occupation cases when the local ordinance contains separate definhions for accessory uses and home oeeupatiunt. Under these circumstances, the court will need to examine the ordinances purpose and intent and consider whether the accessory use definition and home occupation sections are to be construed together in light of the stated purpose set forth in the ordinance. [See Platts v. Zoning Hearing Board and Borough of Bradford Woods, 654 A.2d 149 (Pa. Commw. 1995).] Validity of Home Occupation A number of relevant factors contribute to the determination of whether a home occupation is a valid accessory use. The prerequisites for a landowner to establish the right to conduct a home occupation on residential property should be contained in the applicable zoning ordinance. The degree to which the necessary criteria are spelled out depends on how detailed the language is. Broadly worded provisions may permit all types of home occupations as long as they fit the general definition of accessory use. This type of ordinance requires that the landowner show that the home occupation is customarily incidental and secondary to the primary use of the property as a single-family dwelling. Other ordinances may require that the landowner make this showing in addition to satisfying other criteria specific to home occupation accessory uses. This latter type, which is more prevalent, can be further broken down into two general subcategories: ordinances that specifically list permitted and prohibited home occupations, and those that do not identify different home occupations by name. In either of these common types, most enumerate criteria that all permitted home occupations must meet in order to be valid as accessory uses in residential zones. Incidental and Secondary to Primary Use The requirement that the home occupation use be incidental and secondary to the primary use of the residential property is the least clearly defined of the factors used to establish the occupation's validity since its proof depends on the fact -specific nature and scope of the occupation in relation to the dominant use. To satisfy this requirement, the landowner must put forth facts that show that the intensity of the accessory use is clearly secondary or subordinate to the use of theproperty as a residence. Further, the landowner may need to offer proof that the particular home occupation is one that is "customarily" associated with single-family dwellings. Courts may simply take notice of general experience as to what business occupations are customary in relation to dwellings. Evidence of customary home occupations may be established through expert witness testimony from a planning Mark Dennison is an attorney in private praaire in Wetrwood. New Jersey. He is the author of numerous books and article on zoning, land use, and emrirommirtallaw issurs. consultant or real estate professional who knows the history of permitted uses in the area. Landowners may try to present evidence that local officials have issued building, occupancy, or home occupation permits to other landowners with the same or similar type of home occupational use. Their goal is to establish that it has been a customary practice to allow certain types of home occupations as accessory uses. The intensity of the use and nature of the activities conducted in connection with the home occupation will often determine whether a particular type of home occupation is subordinate to the primary use of residential property. The intensity of business use of residential property will often indicate whether the home occupation is the secondary or predominant use. Impact on Residential Character A primary purpose behind single-family zoning is the preservation of neighborhood character. Accordingly, another factor considered when determining the validity of a home occupation is whether that use will adversely impact the neighborhood's residential character. A home occupation that is detrimental to residential character may properly be excluded. To minimize the adverse effects of home occupations on residential character, some ordinances require that they be conducted entirely within the residence, eliminating outdoor business activities. Similar restrictions may be based on neighborhood aesthetics, such as prohibitions against the display of business signs on the property's exterior or outdoor storage of business equipment. Floor Area/Size Restrictions Some ordinances restrict the maximum floor area that the home occupation may use. Typically, these provisions limit home occupation use in terms of a certain percentage of the floor area of the dwelling unit. They also may be phrased in terms of maximum allowable square footage. Such a requirement is designed to ensure that the home occupation remains subordinate to the primary use as a dwelling, [See Reynolds v. Zoning Hearing Board ofAbington Township, 134 Pa. Commw. 382, 578 A.2d 629 (1990).] Of course, proper calculation of the floor area used for the home occupation is necessary. Determining which areas should be included in the floor -area calculation is not always cut and dried. Should hallways and staircases be considered part of the floor area for the home occupation? The exact percentage or square footage allocated to the home occupation may be subject to debate. For example, in Town of Sullivans Island v. Byrtnm, 306 S.C. 539.413 S.E.2d 325 (1992), there were conflicting views over whether an upstairs hallway should be included when calculating the percentage. The trial court excluded the hallway from the calculation, so that the use did not exceed the 25 percent limitation required by the ordinance. However, on appeal, the South Carolina Supreme Court concluded that the trial court had erred. The court found that all of the upstairs rooms in the dwelling were part of the bed and breakfast operation, thus the only use of the upstairs hallway was for the same operation. When the court added the square footage of the hallway into the floor -area calculation, the use exceeded the limitation. Onsite Residency Requirements Another common criterion for establishing a home occupation accessory use is the requirement that the landowner reside on the premises where the use is being conducted. This residency requirement helps to ensure that the property's primary use is residential. Onsite residency prevents the landowner from converting the property into a business use. If a landowner does not reside on the premises, it may be found that the home occupation is not secondary to the primary use of the property for residential purposes. Nonresident Employee Prohibitions Some home occupation provisions contain specific limitations on the status and number of employees that may be employed by a home -based occupation. Obviously, such a limitation depends on the language of the applicable ordinance. Some ordinances may prohibit employment altogether or state such a restriction as a prohibition against "employment of anyone in the home other than the dwelling occupant." [City of Pekin v. Ximinski, 155 III.App.3d 826, 508 N.E.2d 776 (1987).] Most ordinances, however, allow for limited employment of workers in connection with the home occupation. Most of these impose a residency requirement on all workers, and some additionally require that the employees be family members who reside on the premises. Some ordinances will permit employment of nonresident workers, but they usually limit their number. No matter which type of employment provision is contained in the ordinance, this condition may determine whether the home occupation is valid. For example, in a Missouri case, St. Louis County v. Kienzke 844 S.W.2d 118 (Mo. App. 1992), the court found that the landowners' operation of an insurance and bonding business was, for the most part, not at odds with the definition of home occupation. There was no sign or any other display indicat- ing that a business was being conducted inside the home, no clients went to the residence to conduct business, and no products or goods in trade were sold from the premises. Nevertheless, the court was compelled to conclude that the landowners' employ- ment of two nieces who did not live on the premises violated the ordinance's home occupation employment limitation, which allowed employment of only resident family members. When it is unclear whether a particular home occupation accessory use is permitted under the terms of the local zoning ordinance, the landowner and municipality may be forced to resolve their conflicting opinions through litigation. To avoid this costly alternative, municipalities must do their best to spell out clearly the standards they will use to evaluate home occupations. Calling on the Militia James Dacey is fighting for his home. A New York appeals court has ordered him to remove his mobile home from his land because it violates the town zoning laws of Perry, New York. But he refuses to do so, and the state is charging him $50 a day until he complies. In 1992, Dacey applied for a permit at a zoning board of appeals hearing, requesting permission to replace his existing mobile home with a larger unit. His application was denied. Dacey's home on Van Valkenburg Road is on land zoned agricultural/residential, which allows one- and two-family units. Dacey claims that there are other mobile homes in this area that do not comply with town zoning laws but are allowed to remain. He then applied for a use variance, asking to become an exception to the law, and that application was also denied. The court ruled that Dacey was unable to demonstrate that he would suffer an "economic hardship" if he were denied the variance. Dacey appealed and was granted a rehearing. At the rehearing, no further information was brought forth, and he was again denied the application. In supporting the zoning board of appeals decision, the trial court ruled that Dacey had to remove his home within 60 days. He sought appeal in the appellate division, where he was ordered to remove the home within 30 days or face a $50 daily fine. In an effort to rally support behind his cause, Dacey has contacted local and national militia groups including the Michigan Militia and the Chemung County Militia. Other militia groups throughout the country have also rallied to help Dacey keep his home. Additional Cases Involving Home Occupation Accessory Uses Fmdmg Home Occupational Use Valid ♦ Winnie v. O'Brien, 171 A.D.2d 997, 567N.Y.S.2d 943 (S.Ct • Baker v. Polsinelli, 177A D 2d 844 576N.Y.S 2d 460 (S.Ct n , 1991) (ordinance definition ofhome occupation was broad, general 1991) (it. was reasonable far the zoning board to find that the one that included installation ofdenial chair). dance studio was more extensive than what was,iniended to be ♦ City of White Plains v. Deruvo, 159 AD.2d 534, 552 N. Y.S.2d permitted under the ordinance as a home occupation) 399 (SCt 1990) (use of residence in connection with limousine • Cassidy v. Zoning Board ofAdjustment of Crty ofPimburgh,`559 service constituted permissible customary home occupation). , A.2d 610 (Pa; Commw. 1989) (beauty shop was not occupation within meaning ofgeneral zoning ordinance Permitting 838, 536N. Y.S.2d 244 (S Ct. 1989) (social worker's proposed home occupations in residentially zoned districts). home o1we use for the practice ofher profession was not the • Franchi a Zoning Hearing Board of the Borough of New Brighton, . dominant uu oftfiFprrmiser). 543 A.2d 239 (Pa: "Coinmw.`"1988) (landowner's accounting of fzci Finding Home Occupational Use Invalid did not qualify as a valid accessoryuse because it was not secondary to the primary"use as a residence). ♦ Holsheimer v Columbia County, 890 P.2d 447 (Ore. App. 1995) • Rendin v. Zoning Hearing Board of the Borough of ,edia,(Ia488 ndowners stance e o ui nt and avir materials r a uali ordinance permuted pavingbusiness did not as homee occu ation). professional in a'res�deiifi(nmg al dutrict only if the practitioner ♦ Criscione v. City of Albany Board of Zoning Appeals, 185 also resided in the building). A.D.2d 420, 585 N. Y. S2d 821 (S Cr. 1992) (law o ce not ♦ Page v. Zoning Hearing Board of Walker Township, 471 A.2d, . clearly incidental and secondary since lawyer did not reside in ` 134$ (1'a 'Commw `1984) (vehicle iiupection and repair' business thedivefing unit). - was not activity customarily associated with dui llings). ql Review of 1999 CD Cl cD N r N �r�'ttN��MNCDd CD.-01) Q M 0) T r N L T O CD N CD co N M C) co cr> T Moo r Ln N'I r CVr Ln CO CO r C7 T T N r CD r N r N r Ln r M T LO W co m w M LC) U) N d w M N m co LO MT-MM r 4tNCMN It U)c70MO T V T f- Ln CO 00 ai N N CD CD r T m co T m C) T N co !'. 1-, N C) It It O CD _1 H c cn Z CD E- w Lu Z w a a-Lo ZO a. w w JO W Q ¢ U Z = W a w p cc LLI QZ ¢ U �U¢ J LLI UUWZZ w~ U ~ -�pd Z OC ILzH�ZaZ>�Z(}� U O D Z Q p _O Z p O w Z< (j<Z~LU 0 N �"5 LU ZpQgZp co �n>U?ocfnCL(n>-:�N� QO w_ pQw0Z N X N Cn co co cn CD w c m d co CL C: c� a Ag 1 /26/00 CITY OF CHANHASSEN RESIDENTIAL BUILDING PERMITS ISSUED YEAR SINGLE FAMILY DUPLEX TOWN HOUSES APARTMENT COMPLEX TOTAL DWELLINGS 1980 41 18 40 99 1981 22 2 24 1982 19 2 21 1983 60 8 36 104 1984 108 34 24 166 1985 189 38 20 18 265 1986 246 8 8 262 1987 289 2 32 323 1988 352 26 34 412 1989 307 14 62 383 1990 197 197 1991 191 191 1992 228 228 1993 251 16 267 1994 269 110 379 1995 216 197 65 478 1996 170 37 207 1997 177 97 274 1998 263 162 425 19991 189 1 88 277 2000 Source: City of Chanhassen Planning Department g Aplan\Past,Present, Futu re\perm its BUILDING PERMIT ACTIVITY 1995 - 1999 1995 SINGLE SINGLE MONTH FAMILY- FAMILY- MULTI- TOTAL JAN. DETACH 15 ATTACH FAMILY 30 0 ADDITION 23 COMM- 0 MISC- 6 VALUATION $4,373,500 FEB 21 27 0 21 0 4 $6,987,900 MAR 13 0 0 27 2 9 $4,794,000 APR 12 14 0 43 1 8 $4,032,100 MAY 19 12 0 84 2 25 $6,720,100 JUNE 25 7 0 81 2 18 $9,438,300 JULY 20 12 0 45 1 9 $5,467,800 AUG 20 12 0 42 1 12 $5,216,200 SEPT 16 42 0 42 1 18 $6,291,500 OCT 19 26 65 35 0 13 $9,463,500 NOV 20 10 0 25 0 3 $10,095,500 16 5 0 25 1 0 $9,251,900 TOTAL 216 197 65 493 11 125 $82,132,300 1996 SINGLE SINGLE MONTH FAMILY- FAMILY- MULTI- TOTAL SF DETACHEC SF ATTACHED MULTI-F ADDITION COMM. MISC. VALUATION JAN. 23 0 0 15 1 1 $5,036,500 FEB 15 0 0 17 0 0 $3,714,000 MAR i8 4 0 33 0 1 $4,348,000 APR 11 4 0 62 0 2 $3,223,600 MAY 19 2 0 87 2 11 $6,075,300 JUNE 20 4 0 81 2 13 $7,037,900 JULY 16 2 0 59 5 10 $8,402,800 AUG 7 8 0 76 0 12 $3,100,800 SEPT 6 5 0 51 1 10 $2,441,800 OCT 14 5 0 72 3 9 $5,986,500 NOV 14 0 0 36 0 1 $3,387,800 p 7 3 0 24 0 0 $4,413,300 TOTAL 170 37 0 613 14 70 $57,168,300 1997 SINGLE SINGLE MONTH FAMILY- FAMILY- MULTI- TOTAL SF DETACHE[SF ATTACHED MULTI-F ADDITION COMM. MISC, VALUATION JAN. 10 0 0 25 1 0 $8,333,100 FEB 3 0 0 20 0 0 $1,048,900 MAR 10 0 0 30 1 0 $2,478,700 APR 10 0 0 70 1 10 $3,062,700 MAY 22 2 0 93 4 22 $4,781,000 JUNE 13 2 0 87 3 7 $5,206,000 JULY 21 4 0 64 8 11 $5,009,300 AUG 12 2 0 63 5 6 $5,606,100 SEPT 30 3 0 83 7 7 $8,120,800 OCT 20 0 0 51 2 6 $5,854,500 NOV 16 25 0 30 5 5 $6,425,600 DZQ 14 39 0 23 8 9 $9,388,900 TOTAL 181 77 0 639 45 83 $65,315,600 1998 SINGLE SINGLE MONTH FAMILY- FAMILY- MULTI- TOTAL SF DETACHED SF ATTACHED FAMILY ADDITION COMM. MISC, VALUATION JAN. 19 4 0 33 0 0 $4,763,900 FEB 14 0 0 27 1 2 $3,174,000 MAR 20 4 0 51 3 6 $5,235,700 APR 31 16 0 64 0 15 $8,200,200 MAY 35 12 0 83 6 14 $9,586,300 JUNE 18 19 0 68 5 8 $7,936,400 JULY 21 20 0 67 6 11 $7,895,900 AUG 31 24 0 49 4 4 $12,951,400 SEPT 29 26 0 54 4 14 $11,441,200 OCT 14 31 0 50 10 5 $7,053,400 NOV 16 6 0 43 1 5 $5,077,000 DES 15 0 28 4 3 $7,446,200 TOTAL 263 162 0 617 44 87 $90,761,600 1999 SINGLE SINGLE MONTH FAMILY- FAMILY- MULTI- TOTAL DETACHED SF ATTACHED FAMILY ADDITION COMM. MISC. VALUATION JAN. 16 9 0 30 1 1 $5,563,500 FEB 6 21 0 36 0 2 $4,259,900 MAR 19 6 0 56 3 2 $5,578,000 APR 21 12 0 94 7 11 $8,894,700 MAY 32 26 0 104 6 16 $10,977,200 JUNE 22 0 0 117 1 10 $6,288,400 JULY 18 2 0 97 4 8 $5,608,200 AUG 14 2 0 102 5 14 $5,818,800 SEPT 9 2 0 80 9 12 $13,149,900 OCT 12 4 0 69 10 8 $8,896,900 NOV 7 0 0 64 5 9 $6,875,000 DEC 13 4 0 44 2 1 $8,190,300 TOTAL 189 88 0 893 53 94 $90,100,800 1/26/00 Source: City of Chanhassen Planning Department, January 2000 g:\plan\Past, Present, Future\bldg.xls z O a a O rn a) Ln a) m m m m rn m m m m rn _m ® ■ 13 0 ■ iY a C LC L O U } F- Z a.. o � o cl a � Lu a z c J � m c) ¢r L-i r � lC� Im O� r 5> ¢�C`3 LLZ_ Q LL LL ❑ E� W W IL cr W a J-) �-I U b H J-) r4 41 �4 a m a / a / 9 0 O w 0 L b 1tl N N �bmMd V I f f N 01 b u1 1!1 r n m m m �ti N rl of n N N V x b M UI n On. ei rl n N ry b M N ab O T x W v N in N v r-1 N N rl O� ti rl m m � do .O1i r � xxa°xxx m VbMMmo W mI z ap a M d N m M N N M M N aqm mo.+ M N ti b N O b x b M cl N mIi N ' N N b r Oq� aq d .r o d � O� uxi '1 O b ml �n N � m x m r�M m d o s m N in N V v blin u+ x o rvti p�ui a al m m N O N 0 d b ins O n z N.rmmm n e1 ei � e1 r N � aw�Hra ar o.ia 2a paa pm uwW' Ma Fm a �1 a O W F9 POPULATION ESTIMATES 1/26/00 1 CHANHASSEN POPULATION CITY'S PERCENT MET CARVER PERCENT NUMBER INCREASE INCREASE COUNCIL COUNTY OF COUNTY 1960 CENSUS 3,411 21,358 16% 1965 Extrapolation 4,145 1970 CENSUS 4,879 1,468 43% 28,331 17% 1975 Extrapolation 5,619 1980 CENSUS 6,359 1,480 30% 37,046 17% 1985 Extrapolation 9,045 1990 CENSUS 11,732 5,373 84% 47,915 24% 1995 ESTIMATE 15,588 3,856 33% 15,231 2000 ESTIMATE 20,264 4,676 30% 17,900 63,850 32% 2005 ESTIMATE 23,900 3,636 18% 21,450 2010 ESTIMATE 27,500 3,600 15% 25,000 83,141 33% 2015 ESTIMATE 31,400 3,900 14% 29,750 2020 ESTIMATE 36,100 4,700 17% 34,500 104,582 35% CHANHASSEN POPULATION 0 196D 1965 1970 1975 1980 1985 1990 1995 SOURCES: U.S. CENSUS Metropolitan Council CITY OF CHANHASSEN 2020 COMPREHENSIVE PLAN. (2005 - 2020 ESTIMATES) CHANHASSEN PLANNING DEPARTMENT, January, 2000 (ESTIMATE BASED ON 7,305 TOTAL DWELLING UNITS, 95% OCCUPANCY AND 2.92 PERSONS PER DWELLING) 20W zuub Iuiu i 2020 g:\plan\census\Populatin 2000 5. Planning Work Program for 2000 1. Complete the comprehensive plan rezoning (see attached memo). 2. Review and revise the permitted and conditional uses in each zoning district. 3. Finalize the PUD revisions. 4. Review the city's design standards. 5. Timely review of development proposals. 0 CITY OF CHANAASSEN MEMOP ANDUM TO: Planning Commission 690 Cij� Center Drive, PO Box 147 Chanhassen, Minnesota 55317 FROM: Bob Generous, Senior Planner Phone 612,937.1900 General Fax 612.937.5739 DATE: December 2, 1998 Engineering Fax 612.937.9152 Public Safer), Fax 612.934,2524 SUBJ: Comprehensive Plan Rezoning Process Web www.ci.cbanbassen.inn.us As required by the 1995 amendment to the Metropolitan Land Planning Act, the city is required to bring land use and zoning into compliance. The first step was to list those properties that have inconsistent land use and zoning. Staff has listed only those properties within the 1991 MUSA line and the properties zoned Business Fringe (BF) district since the consistency policy within the Land Use element specifically excludes most properties outside the MUSA line. "Regardless of a property's land use designation, properties not served by urban services shall not be rezoned to a zoning category consistent with the land use designation until such time as urban services are available. Current zoning of a parcel with a less intensive land use designation may remain. Intensification of land uses may only happen with the provision of urban services." Having prepared the list, staff believes the this language permits the city to leave properties within the 1991 MUSA area that have zoning, i.e., A2, RR, or RSF zoning, which is less intensive than the proposed land use in place until such time as intensification or development at urban density of the parcel is proposed. If the Planning Commission concurs with this interpretation, then there are only a handful of rezonings to consider, primarily properties where land use changes are required or properties zoned BF. in addition, staff would add the Schlenk propertyand those properties inadvertantly zoned PUDR as part of the Longacres development. If the Planning commission believes that all. the properties currently within the MUSA area or zoned BF should be rezoned, then we would need to discuss how the city should proceed including low we are to break the rezonings down in to more manageable clusters to facilitate the process. Staff is proposing that regardless of what is to be rezoned, the first step would be to notify the property owners whose land is directly affected and hold an informal The Cite of Cltatthassen. A growing with clean Cakes, qual;n, scbovls, a cbannin? downtown, thriving businesses, and beauti f d parks. A great place to live, work, and play. Planning Commission December 2, 1998 Page 2 discussion prior to proceeding with the public hearings. As part of the public hearing process, property owners within 500 feet of each parcel proposed to be rezoned will be notified. RECOMMENDATION Staff requests that the Planning Commission direct staff in the process to be undertaken for the comprehensive plan rezonings. ATTACHMENTS 1. Comprehensive Plan Rezoning List 2. Comprehensive Plan Rezoning Map \\cfsl\vol2\plan\bg\comp plan rezoning memo.doc IIII II I C I LL LL t I I I r d$ 1= m 3 N E E E os o Q9UU�� (n m U a Y 3 aU, i0 _o_ N N N Y O O . M m m 0 0 0 ca-- JC �y 2------ Y Y Y Y Y Y Y Y m m Y Y m m Y m ; ##� 0 ?i�tt•-N m m C � m m m m m m^ L m(/l m j yNm C'yNM yNf0 �Y NClON ¢M ¢ ¢¢¢¢JOJ (/1JJJ (O J JJJ J'61, JJJ I I I I II'�II I I l II I II I II I, I II I I I I I l I i I I I I I �� I I IIII I II I I II INI z z M ^I^ICI^!^ M;M NNI ji ^ ^ MIMiM MI M.M iM M I^^ rjM _ MMM M M MMM MIM M r 2 �I r ^ ^MMM ^ ^ �O ^'^ M i Z I M MM M N N > C NIN 1 C N Z 'M VI N M M'M M i N �O M M (� M �O N N O'M OIM �O N O M M MIMIM �O Z r2 N mm CCJJ N I �O MI�O IM MIM t0 � �O M M N .. a Z IZIaiZ ZIZ ZIIM SIG M'MIM If")'[7 N�ON�O M M M N'M M �O M Z ZIZ M M�Z Nzzz Z Z �O p Z C N ISO O Z Z N �O �O z Z M� z N 0 Z z 32 OOO ^ D SO - O •_ z Z Z L Z Z z �;� ,, I J Z r2 z Z C �C Z Zi rG Z ZIZ Z --U O Oa .IIO O O_OOZ IO ZZ z M Z. �O Z.� p, OIZ00 N -I� OI f0 air r`r ,QQ!��f � V' - O y Ui OOY U 0 }} mm U OO_O_OOOO_CO00 LL p - . y'yy'y� . . y O, O' H ON .y N x NN X N X X ONy m HOOL � � � 10 Oy L aj W �� 0 N 0 C N O W N_y % _y X x y_ X' x y to J x C. pEyyy C _- O x •-- y x x N U W W w w IW;W >�WIW;W 'a10S-:) W1 -d' OJ f3 y $ x'W �W x W d-dIaao 6IWIW o W wawwww > U .ww I(n (A C m a W�,W 'advvv W WIW c 111 J v c m WIW �ha W - ID > D �¢ ¢,�¢>¢¢I¢>,IIW tN� U UiO UIU U U W N N WIW N N icim==!..I=�=ImMmmm�m W' � ¢ ¢IW T> ¢ ¢.¢ >>�. UIU-- m � 5>� C S CID I�1�o -� t'¢p �'¢p 3 c J ¢ a D178 ¢'¢pI mm GI N > m m N N I�Q, N NII Y{� Y JIJ NN N!N Y Y Y:Y ,._-- E E!E N N UI N 0 0 E NIN y y 0 O cI �.q_IN r �'Y J JI N Y I} E J N N yy Y O JIJ N N' Y p— cd �C R{ N ttl t6 mm V p�� l� R a N N X � 1 C o 9.O 0 O OI Oi O d go 0 0 O 0 '='--- fNf..�� 1N� f0 l0 H tNt.�II t: f0 !L, W ;J J !a N' l0' l6 J I �• } I>- } (O (,� N N J J (� U O ('} UIU 3 `� 3ppp O S b O (1) O D U O ID O N S U U I S S I S 2 � O^ Oi �O MIN ^ OIO O N SIS ^^ O O N O O O O in O •'• .- �- N ^^ M a .- M N O vI0 O!M O O �O 10 IO in!� O 00;0 O Iin • '� �iVR �I:� � .a- t�O t�OI� fMO S'� tD CIO S tDItMO aND S'� S ��N °r° S w N N (: w 'n n n n nIM n '° ooliM. 1- n f`i,In n SIN O V M II I I � NNNIm.�0 i0 ^ SIN N p 0 0 �a 00 ' I ' I i I • I II vlv C yl ¢ MIMIC ea lial�lviva IIII M MIM i i MMM I vlvl I (.!IIII M IMIM a e I I a alalavdla-a-d'ad'.�la'a'a MIMIM I M,M IMMI ; II ; Mi MICIMM I I I MIMM I; I I I e ¢ I I II I. II I I LLILLLL LL LLILLILL. I I - III I LLILL;LL I ILL,LL. I - I I v'vv'.e MiMiM;M I i C ILL!LL O �(n N N LLLLLLILL to (A'41 (nl(/1!(n LLILL ILL LL (/l m LL 'LLILL to Nlo �i!/11(Q:(n LLILL LL LLLL (/l.[n LL LLILL U1 (/11(/IIUI!(n:(n LL:LLLL LLLL!LLILL In <n !n'N LL m ZIZ m m Z m _ O O I¢ UIN U ¢ ¢ N M ¢MIM U UI ¢� N U M M U U ¢ ¢ U' Mi LLLL.LL;LL n fA'.N, 0 MIMIIMI'CIM I i CIICc II illl mi iMIm1MIC;C I I ii MIMIM I MIMIC II C'CIM CIC;C I I I MI I li I ( II iI lii _MIMIMIM I IM C� ¢ M ICCI¢:M M.M ¢ CIMI¢ MIMIM MIMIMIC M'M M ¢ IMIMMiIM 1 MIM I M C ¢;M1¢ CIC'M MIM MIM C MMIMM C'MI'M M ¢ ¢;¢ M ¢ ¢ ¢ ¢ z'z.z mm;m LL m MIM LL (Q �¢ LLiLL m (/J ¢ LL LL [/1 (A M M LL LL;LL ln.(n:(/1 M¢I¢ LL LL m (Q. I. ¢ LLfLLLL m'(N ¢ cc (n cc M M¢ Cc cc d NI I I I i I NI�g y'I UIO J J OIo Io JIiJ UIUIO J JIJIJ UIU J J UI J i01 J il IUIU J'JIJ,JJ'J IO O o o JIJ a cc JIJ OIUO 0 JJ i n O JIJIJ LIo oI 1 J (O (J EIE E E E E m Q Q Iplo JIJ oIo J a J J UIU JIJ o J I oIU J J I U o J J I i olo�o JIJIJ 0 J U1 ICI¢ ¢'IM1M M�ICI'CICIM MI MIMIM,¢I¢�¢IM MIR ¢ MIMIM M M M M; ¢ c� U U MIMIM MIM M MI M M ¢ M ¢, ¢iM M M a II a a 1 aF' N �, w �OIU'U IJIJ cc: U. M,M I. JIJ:J M M,M I. UOOO M JJ M M J M OIo JIJIJ M IO M U) OJJJIJIJ a M:M UJI. M M UUU . M M J J M M UU-U J JIJ M M OO J M CC J M O J CC DOD �� MMM E E dlldl ` ,p n JJJJJJJ J:J M J M M J JIJ ¢MMM J JJJJJ JIJ ¢ J M M J J M C UUUO JJJ M it J cc M l :I I � I N N N cr.0 y y O L N E a B O j 9 ' U�^yNCcm- c 5 1 tm 'aC5S6 C=sc a1 !II,, EYUc IIIlMp CJE j -S II ` G J o=oY CD yY " CY o C CcI r)2 0 0 CNcO JOICH ��I{Y� �N�f wzCM CLL M J p a tm_O m m ZC aNmO3.�{Up mOy UNoocS N'M O; XI=pCE�N (O8 OV 1l Y,oU_U£JC MCZ cc: at UwNcyyw U My' My ¢oCXff_N II(j$N ON Ic���❑cii'.'I Np7'� il IN >aE.LNCO_O�EmmL —EI`Ommo !I :gi iCC I O o «a vLF-e N oi NIuLM I INE waM'M'- S m o acool--a m I�wc�z L oi_ �U o C ,Clp p 0o EoNIo�;coL;td f>- ILLoao ;SIS O OiS O^; oi(, tO) V N O'SIS O OIO S S N S S N N N O NNNaN O O SIN N INI00:0 MONMM(')MM�IiO tN PON ae�� SOy OO OOSOOin�ln Ommmmm Min a, �itOIcOCIIO �(f N:�O �O M IN 0 N.N off N N VIIM NI�(I N YI OI �O 10 N �O N N N N N �1�f�CR a �7 ^OO^O p V) l+ (! O OD aMD lI N OMO aO N wino GMD,m NNNNN�TI,N ) n ff A N ',,WIN'," IN IN NIN IN NINiN d N N N N'ININ N N N NIN NIN'" IN N.N N NNN NNN N N N N N N NIN N N N N N I N NIN N N N i II I II I I I � III j I I I I I! � dl � iIi i ! IIII i I j;I I jI I iljj .i� IiI ! Ij I'IlI I III IIII I � I @� � I j j�I!II��I,!��Iillllllla;�iil III ! Il I�I�jilhp iII II it=�� I I i o J I I ¢s 1 0=� U° lll'IIIII I ;Till I iI III I�!�II I iii '�I; ,;; ;Ii I III I ICI I ! �i�I I i I fill illllli ;IIII ilii; 1 !II ij I 'I '� � i II 1 I l I I I I I IIII I I I I I li I; III I II (I� II (IIII IIIii, IIII I ! 1 ilt -n nrn Z I (IIII III I III illj �'r rin M M MIM:M I l I n NIN n � N ale NjN n M i� `r N NIN �nlnl N nl� N N,N' NI M M ern NIN'.NI <nn ININI n N I In��.n-I M N M nnnnni ��OO N N N » N n M N N NIINiNIN'N ZIzIZ Z ImI'� AIM Z Z, Z ICI CC Z Z z:izIZ C Z G �I� N »iZ N CZ N NININ Z'ZIZZ �i� I C Cmm �;m;m Ci CIC ZIZ � N'0 �' Z Z 1� I -ZIZIaI� i2 m � I C CIZY m Z Z C{CNO N N N N N Z( I C ZZ N Z N Z C C did Z C NIN dZIN M IOZ i0 N Z AN" C C z ZZ N N N M �Io ! Z C 1i O10'O%0 m mSil3i'Np�I '�K V UU Vm�� {d�Im A L j !L C' IL� 0 L LLLll C ml L N mi mmm'm L'L d, NO NI LL'L yi yl m!L'Li C yi C C NN miy IMIL C �I M IMILL mI m� N'NOIC OI C NIN N m L L N -Z Z N m N NIN LIL N LZ L JIB {p Zm m LLI N N mlmm C'L m NI Z'' L y m L .W IW W,W WI clm mC U IL C L YIIUvatO L dI W LIm Zmlmm LC.J C C L L C CIC mmLLl LL mim L UiU !CCI m I M N NI L LIB Elmo EIS -000_ N Cm L C �2 A m > lV N L a N LLLL (i mIm UiUIU maly .:IL ILL C G mmLLLC LL o0 m'm U A tV C m Ia u� m m mlmlm� U -Io I� ¢. o,� ❑nS i� EiE r.,O w ol0000 >I� vlo,_lLIO` ¢I¢' LL, ! moo_ In:��i ml d w� m �I�lalm m d � � j cIc i'J 1=ICI �m cl C Si _ I'n{o C m aol�lol�i� I..m'pmmmmmlp dI m � C¢ILCI ._ 1 — CI C - c CISSI ._, c l 13! I�.%I m,uf, =mm1 ImI C CQ� > '-' mmmdl'-' CIC o. ¢ � I ¢ IQ i ICI S •N'ohvv o p SS' J —ILL' NI— m N N m m CICI tO m� m : r d l-- d m HIo-o=! t0.m mim Ii l0• mI O, m�a O!� o—,W �i plm CJ o; mJW -mlm 17 Wo+, f0 m O v'Iv' m.= i�'Q =I a £ICI m,ml IC71 Imlis'i� n{'n� m m m dipiC e- U C7::i'N diM o O o to ;�I i01 LIOJ 3 a=la=1¢la==Six' cc d c (ncn E EIE l,J J J❑' m x,2 2 NININ - ¢ImCY OIM,NI� p6 OIe m, p(7 O N O' � �I—I 00'. r'r NNE I' O '�pp Olm'� N I N a Nr ONM OO..- N C�Nj I. n;n'rlrim NO'l ,M r mNN'O HMOs O I M n �- ,4 a0 �-• M m n e N' n!n r r n n.rl N N [3 M M•� N m M �- N :M, N M MIM•M N r M MIS �:e M N M M MI M O Q O e N''. IN Q�NIr M.MII IMMINM'M O. Mt+jl N,N N ,! ID feOnO TIN ,p �:N 1 !nl O) en NI OIeI M � n M M M N, m OI Oi j ! NI .n e lei m NI 'O IN'', MIN IaiM M O e 6 N nIM IN M:�. O M M o HIV dN.' IM M elrl O Ni N I III I¢ I ! I ! III ! Z.i 1 mj Nj�iM ele! eje.,e e ¢ c, ¢i¢ ¢ ¢'¢; ¢�ff!ff;ff. Ze'elel ¢¢;mml :¢ M N Nlpl¢ a m ¢ISIff'ff ¢!¢ ee'� ¢: Im mj ¢ ¢I I 1— Ip.¢iIl¢Iff e'.el M I O le mlm., ¢�� ¢ OI (OI O OI¢ ILL ¢ cc _ O! e.e CC ¢ ¢ ¢ ¢ ¢ ¢ (E •¢ C LL'LL LL LL LLI LLLL ILL ILL o NIN NIN N, m m m•ml ITS N ¢1¢fflff iff.¢'�I� ¢, ¢�alff LLILL.LL ie LLILL rn m m; mm.m' ff,ff{Q IOC LLI ¢ ¢: e e 1¢ ¢ Q��LL D- Iff INIm01 ¢!�- LL'LL!a Iff is ILL IQ m O ff�; I Q.I O LL O LLLL OiN'N 1¢I¢I¢I¢I LL m LL p-p-' (o O O LL N ¢ 11 IL,LL N NiN ¢!¢'¢I¢I¢ LL LL m NIA. N. iLL 'm ¢ , i �II I¢ 1 l 11 j I ! 1 I I O C C ¢: ¢¢ :i ❑,¢ ❑❑¢ ¢ ¢•,¢;¢ ¢ ¢ ¢Iff ¢¢ ffllffl¢Ia,aia'aa�IOCiffi I ¢!N N I N'N.N ¢.¢' LLILL ¢I¢I I I NN!,N I N N N N I Halal NI NI Ia l N aI N a!a;aja N':N N N N a Qlai N N N a!a N N ala N N, a aICc N :cn o N W a'¢ a aI¢; Ia 'I '❑ i ! I'i I I I IIII jllll iII I I d ❑�❑ ❑ ❑ N JJ J J ¢ ¢I¢,¢ ❑ ❑ L]❑10 J J JIJ•J ¢ ¢,>rI¢ ❑ �x ❑ ❑Oo OO.❑.O!❑❑❑! x;�U J ¢!�i¢ J J J ¢ ¢,¢I¢ J JI ¢ ¢i no �`LI ¢I¢I I c❑10 O'2II'J n J ¢i¢ cI❑ OI2� ¢ t],❑Ic J ¢I¢I DI Ic O O O,J ❑I❑jOOis J ¢I¢I¢IE J JIOIO ¢ no 1❑❑❑❑ JJ ¢•¢I¢j¢�¢ JiJ ❑❑ J J ¢I� %i m _ J o I¢ �I¢ I¢ it I I¢ II ¢III II �I I!i III . no ij❑ xIxI� I- O B OCI¢ ❑ 0 ¢ 0 O O ¢ 11 I� O O A I c.�J OI J J J J c c UU J J J J J J X ¢ 10 I I I !c EE me cc ml mio Y iai� A I l S a d L -e y ff m I m ^.S r l� I I I ACC mf m m min o m = P o �> Y tC0 m �1 ¢p p E `m C L m m = s U Q Y c v m ^I � NIG 2O mN m ti m YIC7 �I elf m GILe mdN a6 m ImC Id) O ToomNI CmL �yy = NL. RJ'a01Llm ZS ml6C a,� CI'lif I Imp Ii I mmniNwtpil OIL � TI—ICC I� C. Id t7 _"C N Ip1d I CU�S � N O "O LLI—C Ci m �LU C >Y 3ns6 m� Dti! Y O. > Y m Cp Om'm—OOm C m w C ml� m'C Z5, ,U U N C Ic>mmYl o�'C m_ la�dlm $td.IfJ �=Qol❑�Iml°OjQlmGm�¢¢ 01 ee m N.f C I<Z 'e,y e6j33 TI CI a0 of ,$etiixim!` oI2 pia o 'o dl affn v 4_ C7 >cmi'ecluf?�a�� GI Y m `dim c QQ I�oE > oC x a m eolas'�� m m,c C v O d..- O �eaea°�ea!es0 IE, ciBla' E E� en m d m Im I'o c�yjS,Z p m 1 �I $I �' —L� m UId Ic'' c 8L Ici o, d dl c m m d m 1 m ml�l f0 dl=_ m m o m L O>mit0 c OLI._ ml mIm _ m m— OIL m j !r mIm m'Cox m IO'C�d !¢ LL U Z J O'ml ❑.� p!OL J,L] �:H OL"•�I I� l-.o_Ia m c� c� IU Im!O-� J'¢ (� O ❑ �ifl_ ❑ UI❑ > ¢IU U > > x ❑ U SIS �J 00 IOIOSOI� 0'0 00f 00000o,oloio e p_O�NI<hO$g S' O M e O' O N N'N O O o'o'o�o IO O n 0 0 Op I OfOf r pl�l� ono nM00��-�-•"^��I��00 poo �• ( 0000p N CM per- o O 0 O C r- p'N C pNNNNNN.N 0000000 N N N N N N N O'000000 C M pNN M M NININNN Z-OO M'--���'�1�� 0 N OOOOM N N IN N N N N NI [.1 y OD,D000:0�0 iIri N N NIN N N 4,1 N 61m*4fl.O.,.6 N OOjOI0i00MM N.N 6IN NiN N NN,N N N;tn NIN i]Iul�lgl m O'O N!N' OOIOIOOOOMm U N NIN N h IN IN N N IN N N N N N m N N y0 O d �(j N O V N d N Y m OOOI000.i N If) N NIN �111N,h NININ SIN. O N' I OO �/ vi.ui m NININ Oi00100 � N NIN N N N im1 1 yl ., N W Ul I I to HIM I Hil HH11 111 HI, 1, I f , I I I I v 0 o m as m mlmlm Ulm m yl a O V N m J J J J 2 J J 2 a it i �I'I'Ili II IIIIII I;II I I I i I I ZII Il I II IIII � I (III II j N N O N N nIn nln !n n -n lZln �O 'uMi �I IC')I�'M �^ n.Mnl� n jn nn I^ ^ � m .-^ Z,Z ��I MI N N Z to �n R W N M ro Z N 'IN LOIN INN N Z'IZ Z Z ZIZ ININ N zIZ N M Z NIN N M SIN N M NI M� NIN N OI a- ZI Ala M �NLL d N N NIN IO ul N tp INi �� ! ZI�IZIZZ C C C C C C CI C �I ZIZZINi N zlz Gr Lr R alIiozm�._zczM cIN a N N Z_ N �2 0 z d d y d N N C W. N N NIN_ N.L R: Ri R R R R N C y y O N R NIL y m UI dyI R C m! N NNRN� C Ni N N 0 Z '2 Y Y R D¢ W ',, L Z U Y¢ w `c m �j 1 0 _ N N N d L,L L L IL L RU RR RI R LR C.pI L CI� L N R L L C L 1y1� C L L N iUU Ip NI p G1 >—U R D> L 0)IL2 Y C R DI O Y t RUUN t J a ! L L �R>IR U IIU UIU UIU L.m !U L.G L UIU U C L •U RCR L L UIU L t UUU C�N = w QQ CR p R L_ •p (6 p N m �._ 'D D NIR R R !> > D cID2,6 m F11r rir Im m I> R im1 I CL, >'¢I¢ '-ola D -d �I>ID> ¢-mI¢.ao -a 0� m r_I L,L O g rnN a o o voi p N a W ml D Q1 � d d' m. c c' Q R R ly �.ccc. EE aril olo IEi R xx Eo O C oio R C EIS R E 5191a >`dqi Clan U �� L� .a >.I >. CN.0 mI(/1. JIJ J C7 o'vo o 'o ml J>�LL LL O TO J>jO CJI� �' N mI o o 'O'NI �I x OI� LL fn > R U LLL r LL mi N I j uo ololcoiro!oIo 3 0'.mime '� lam vm!m Io°'oINaO1ol�.m cNrol�luN aoo e' r' m !�Ir ! col jo! �Im x v rvu'i^ o �oloiS ro a v nl dl �'¢ ! v • NiM 1�1 ? N In ! I�OIM n!M a NI O N ININI uu��II M Im N N NININ n Im',^ N OI MINIM N IM M Ill N^ O .ININ N N 0 'Pl., NI 'WI OIO M, INIOI W m010'' N'' ala x Ala , I m; Ia lv¢I in-a.lalal a!aa!a ala aai al ¢IIH vlv v a a a a v:vlvv a'v!e O0 IO o> CC! ¢ ¢ '¢ ¢l - at O ILL O OIO O0 O.O __i C�((��II IO. O O _i((��I �_ :? �ilE 8 c LL LLLC LID LL LL. - LL. LL LL'LLILL LLLL �LLILLI^ O O NI01 a ¢'¢ ¢I¢ ¢ ¢ ¢ ¢ ¢ ¢'¢I¢ ¢.¢'¢ ¢ a ! „ IIII OO O O `d dI�I� OO�O `dil�I`dI OQ a�OIOIQ ��I I.O, `dI NI �jILLI 8I� N&EQ 18i1y y p S _ Q rn' j c ININ CN oi. cyIN! NIN NIQ N NIN Q QI QI Q'IQ cylcy NIN t�IN Nlu- N N Q161�'IQ,QI¢' LL!LLII Im IM LLILL ILLILLLL MA m MIm LL.ILLILL mimjm,mim ILIIL �m LL!LL mica LL LL'I mll M W ml� OIip p pl •Ip101 �IIp 10 I p pll0 O p O 0 0 p C c C� Cc c I ICICCc� JIJ i •;Jl ' I I I N�OJ'J JIJ U1 ¢I¢I¢I¢I¢I¢¢!7'177-�Ll J.J J JIJ JIJJ.JJ'JIJ'pIC NUIUU O,UIU'IUU�I�IUUIp j I j l I Ii III •c c „-, O I O;I�O' J',J ¢'¢ O J J I¢I¢I plp J I¢,¢ J �❑ J ¢ I p,p'plp J ¢I¢I¢ J JIJ p I JJiJ ¢I¢ I p,plO,p JJ ¢ ¢I¢'¢ �IYi 8l c c O O c c O O cicc IO O c O O'O c c O10 CO c c 0 0 c OI I w I IIII IIll ( I I� I I as 0 0 a I I I I 0 a I m Y,. pNC O m~��CC r R III I( C C ` z Up N NN z Z N G CR ONolLo,_ II � N>:L 'Y11C -clNU mm n 0 O. ICI N, INIl00 a m N b.� U10 Ni R d ia%N y Vi c b R bU � r/p� N_mS D N 0d N c N 3. �aaE .4�• J= �;�Lp j ;� Si �i :F- R Ui.y!�I ',� : R.—I and U �:afllUU R'RIal LIL tc60)�ka�O � a3 `� ro'UI,�n0� L R IOI cjas,a -� 0 j �� Of c 0 Q oc O ._ i com�ca R LI>ets N 0 •_ 2i m zLcNEaE� �yIas "'IDaSIa7f, >ImY:d: F- Iasi R as,LL>:DDi>. L $Ico Rl a L m'asl I� Ism �U N �,a 0 U 0 Um o ❑ aye _I O u�ai en o - 2 ¢ ¢I a S 0 R, m' �,c m � N:.a) E u ul of Elml$cRI�iD RL Y m E Ut Gmmti :° N N E S E�i=sOc I� r;p�.0I lm:'pl >IY,r¢¢1-'C7V1WI-� 1, 0Q Ny UIarrU OmraJ -i JI'¢¢¢¢la'aO f O O'O O O'.O O O' O i O 0 01 o 0 O'O O! O 0 N 0 O'O M OIN O t0 O O n m O o D7 OI^ N 'nix 0 O N i x N o O N 0 M 10 0 M O 0 .c2 0 M 0 N M i ci C. o 0 0 n O O^ 0 0 M O 0 0 n 00 N I N 0 0 ^ n M M O O O 0010 O O' I11-ININ MINI '�!N NlMI M M NIN N��I) eia pINN U'N a v N N N a alo N N NIN V N N M v via N NqlqI�(lX.IN c N a N a CMM V O a N CNN O M � NIN I^ M w C tO,tO pIM.M UIN w w tD M 0110 t0 c0 M M N 0 w^ �D t0 M M N N WOW M M N N t0 t0 M M N N a0 01 0 .NINININ' NIN ,N INN'IN NINININ NIININININ ININ N d NIN ININ N N N N N N NIN N N A B C I i e.J- _C1 lv .1/innewa.shla m_ c i , CITY OF CHA NHA S S EN BASTE MAPSCALE 1:24M - 1000 O 1000 =000 0000 4000 ,•••• REVISED August, 1998 "'•' — JFO D E F �� f r •# .� f t '�. t :' d zap .... e. ��. ._ '7 v(, tit ��� •,n =;17I�'"`4-mot , ''a G�G cY, 9 j(-'{{�z.. - i 'e`er' .w• ✓ Lake Lucy >ti��...-'�.. --\� ...• ✓ C -- ,. �/....Lake :..�y •,,I •\•,Y.-f-`� � d `�'`f lako fL �r—r+^.'� „ ti , Ann L ll ! ••�„ n �� }[� J ....� , �y � � / CH. y� 7vF.) ...,.... � �� o.•�. - c� Jam+ � � j I"��pt Vf -��I. iI�L, ,,.. III 77 '- �.> fig; -���- .�- ! � � ��- _ ...• � � 3 - L.1 .. u ,IIk Lake - Rilcy j V • , ,w y . , ILI BYLAWS PLANNING COMMISSION CITY OF CHANHASSEN The following bylaws are adopted by the City Planning Commission to facilitate the performance of its duties and the exercising of its functions as a commission established by the City Council pursuant to the provision of Subdivision 1, Section 462.354 Minnesota State Statutes annotated. 1.1 The Planning Commission shall serve as an advisory body to the City Council through carrying out reviews of planning matters. All final decisions are to be made by the City Council. 1.2 The Planning Commission shall prepare a Comprehensive Plan for the future development of the city and recommend on amendments to the plan as they arise. 1.3 The Planning Commission shall initiate, direct, and review the provisions and standards of the Zoning Ordinance and Subdivision Regulations and reports its recommendations to the City Council. 1.4 The Planning Commission shall review applications and proposals for zoning ordinance amendments, subdivisions, street vacations, conditional use permits and site plan reviews and make their recommendations to the City Council in accordance with the Zoning Ordinance and Subdivision Ordinance. 1.5 The Planning Commission shall hold public hearings on development proposals as prescribed by the Zoning and Subdivision Ordinances. 1.6 - Establishment of Subcommittees The Planning Commission may, as they deem appropriate, establish special subcommittees comprised solely of their own members. 2.1 - Time Regular meetings of the Commission shall be held on the first and third Wednesday of each month at 7:00 p.m. at the City Council Chambers, 690 Coulter Drive, unless otherwise directed by the Chairperson, in wi ich case at least 24 hours notice will be given to all members. Regular meetings shall have a curfew of 10:30 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular Planning Commission meeting. When the regular meeting day falls on a legal holiday, there shall be no Planning Commission meeting. 2.2 - Special meetings Special meetings shall be held upon call by the Chairperson, or in his/her absence, by the Vice - Chairperson or any other member with the concurrence of four other members of the commission, and with at least 48 hours of notice to all members. Notice of all special meetings shall also be posted on the official city bulletin board. 2.3 - Attendance: Planning Commission members shall attend not less than seventy-five (75%) percent of all regular and special meetings held during a given (calendar) year, and shall not be absent from three (3) consecutive meetings without prior approval of the Chairperson. Failure to meet this minimum attendance requirements shall be cause for removal from the commission by action of the City Council. 3.1 - Composition The commission shall consist of seven (7) voting members. Seven members shall be appointed by the Council and may be removed by the Council. 3.2 - Terms and Vacancies The council shall appoint seven members to the commission for terms of three (3) years. Vacancies during the term shall be filled by the council for the unexpired portion of the term. Every appointed member shall, before entering upon the charge of his/her duties, take an oath that he/she will faithfully discharge the duties of his office. All members shall serve without compensation. 3.3 - Quorum Four planning commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. 4.1 - Election of Officers At the first meeting in April of each year, the planning commission shall hold an organization meeting. At this meeting, the commission shall elect from its membership a Chairperson and Vice -Chairperson. This shall be done by secret ballot. Each member shall cast its ballot for the member he wishes to be chosen for Chairperson. If no one receives a majority, balloting shall continue until one member receives the majority support. Vice -Chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 - Duties of the Chairperson and Vice -Chairperson The Chairperson or in his/her absence, the Vice -Chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the commission. The Chairperson shall conduct the meeting so as to keep it moving rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. 5.1 - Parliamentary Procedure Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all regular meetings. At special work session meetings, and when appropriate, the commission may hold group discussions not following any set parliamentary procedures except when motions are before the commission. 6.1 - Purpose of Hearings The purpose of a hearing is to collect information and facts in order for the commission to develop a rational planning recommendation for the City Council. 6.2 - Hearing Procedure At hearings, the following procedure shall be followed in each case: a. The Chairperson shall state the case to be heard. b. The Chairperson shall call upon the staff to present the staff report. Required reports from each city department shall be submitted to the Planning Commission before each case is heard. C. The Chairperson shall ask the applicant to present his case. d. Interested persons may address the commission, giving information regarding the particular proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other commissioners. f. There shall be no dialogue among the commissioners giving information regarding the particular proposal. (The Planning Commission members may ask questions of persons addressing the commission in order to clarify a fact, but any statement by a member of any other purpose than to question may be ruled out of order.) g. After all new facts and information have been brought forth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the hearing on each case, the Planning Commission shall discuss the item at hand and render a decision. The Planning Commission, if it so desires, may leave the public record open for written comments for a specified period of time. h. The Chairperson shall have the responsibility to inform all the parties of their rights of appeal on any decision or recommendation of the Planning Commission. 6. 3 - Schedule At meetings where more than one hearing is scheduled, every effort shall be made to begin each case at the time set in the agenda, but in no case may an item be called for hearing prior to the advertised time listed on the agenda. 7.1 - Planning Commission Discussion a. Matters for discussion which do not appear on the agenda may be considered and discussed by the commission only when initiated and presented by the staff and shall be placed at the end of the agenda. b. Matters which appear on the agenda as open discussion items will not be recorded as minutes. 7.2 - Suspension of Rules The commission may suspend any of these rules by a unanimous vote of the members present. 7.3 - Amendments Amendment of these bylaws may be made at any regular or special meeting of the Planning Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 - Review At the first meeting in April of each year, these bylaws shall be read and adopted by the Planning Commission. Chairperson: Date: NAME Ladd Conrad Kevin Joyce Alison Blackowiak Craig Peterson LuAnn Sidney Matthew Burton Debra Kind 2/00 PLANNING COMMISSION TERMS Three Year Terms APPOINTMENT DATE TERM EXPIRES 2/2/81 3/31/01 4/96 3/31/01 10/96 3/31 /00 6/95 3/31/02 3/97 3/31 /00 12/97 3/31/01 4/99 3/31/02 PLANNING COMMISSIONERS 2000 SCHEDULE FOR ATTENDANCE AT CITY COUNCIL MEETINGS Planning Commissioner will receive City Council packets as shown on the following schedule: Peterson Blackowiak Sidney Burton Joyce Conrad Kind Peterson Blackowiak Sidney Burton Joyce Conrad Kind Peterson Blackowiak Sidney Burton Joyce Conrad Kind Peterson Blackowiak 1340 Oakside Circle 8116 Erie Circle 2431 Bridle Creek Trail 8190 Marsh Drive 2043 Brinker Street 6625 Horseshoe Curve 2351 Lukewood Drive January 10 January 24 February 14 February 28 March 13 March 27 April 10 April 24 May 8 May 22 June 12 June 26 July 10 July 24 August 14 August 28 September 11 September 25 October 9 October 23 November 13 November 27 December 11