Loading...
H-4. Discussion of CUP for multiple principle buildings MEMORANDUM CITY OF To: Planning Commission CHANHASSEN From: MacKenzie Walters, Assistant Planner 7700 Market Boulevard Date: August 16, 2016 PO Box 147 Chanhassen,MN 55317 Subject: CUP for Multiple Principle Buildings Administration Issue Phone:952.227.1100 Fax:952.227.1110 City Code permits multiple buildings on one lot by Conditional Use Permit(CUP) Building Inspections with only general criteria listed to evaluate the development. This can lead to an Phone:952.227.1180 increased burden on public infrastructure, especially if the use for one or more of the Fax:952.227.1190 buildings changes after the CUP is issued. Engineering Examples Phone:952.227.1160 Fax:952.227.1170 800 78`h Street W: Lunds &Byerly's and FedEx Office Print& Ship Center share a Finance single parcel zoned Central Business District. Without a CUP the parcel would have Phone:952.227.1140 been subdivided to place the FedEX Office and Print& Ship Center on its own lot. Fax:952.227.1110 8200 Audubon Rd: AutoMotorPlex has ten buildings located on a single parcel. Nine Park&Recreation of those are for automobile storage and one is a clubhouse/museum. Without a CUP Phone:952.227.1120 Fax:952.227.1110 this development would have required a subdivision,planned unit development (PUD), or common interest community plat(CIC). Recreation Center 2310 Coulter Boulevard Background Phone:952.227.1400 Fax:952.227.1404 Section 20-902 of the City Code states that multiple principle buildings may be Planning& allowed by CUP in nonresidential zones. There are no specific criteria established for Natural Resources this type of CUP so it is governed by the general issuance standards contained in Phone:952.227.1130 Section 20-232. These criteria stipulate that the CUP should be granted if it will not Fax:952.227.1110 be detrimental to the neighborhood or city, is in line with the comprehensive plan, can be adequately served by existing infrastructure or appropriate infrastructure will be Public Works built to accommodate it, and will not degrade the natural or built environment. In 7901 Park Place order to deny a CUP, the city must find that it is not in line with these criteria. Phone:952.227.1300 Fax:952.227.1310 Senior Center Phone:952.227.1125 Fax:952.227.1110 Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow Planning Commission Issue Paper—CUP for Multiple Principle Buildings August 16,2016 Page 2 of 6 Section 20-233 gives the city the right to place conditions designed to mitigated any anticipated adverse impacts associated with the CUP upon any issued CUP. The ordinance also states that special consideration should be given to screening adjacent properties from the impact of the use allowed by the CUP. All issued CUPs come with the condition that the property cannot be subdivided nor may the lot lines be modified while the CUP is active. Multiple buildings are a special type of CUP because they are issued not for a use but rather a utilization of a property. Initially they would be issued based on their compliance with the parcel's capacity and zoning district compliance; however,because CUPs are issued for a particular use, not to a particular individual they run with the property. This means that so long as the use continues and the conditions under which the permit was issued are met the CUP remains in effect, in this case even if the parcel owner or business using the buildings changes. Developers in Chanhassen who wish to have multiple principle buildings in non- residential districts may do so by requesting a CUP or creating a PUD or CIC. It should be noted that grouping multiple buildings on one lot is treated differently than having multiple uses/tenants in a single building, which is generally allowed without a CUP, PUD, CIC, or variance. KFS Cities Relevant CUP requirements and imposable conditions Chaska: Section 1; 14.7 Adequate utilities, access roads, drainage, and necessary facilities have been or will be provided. Can impose conditions needed to ensure compliance with the above and protect the public interest. Number of principle buildings is stipulated by district. Cottage Grove: Section 11-2-9 In line with and have minimal impact on surrounding land uses, not create a burden on existing infrastructure. Can impose conditions on permit and require performance bond to ensure compliance with the established conditions. Number of principle buildings stipulated by district. Elk River: Section 30-654 Consistent with comprehensive plan, will not negatively impact the general welfare, and can be supported by existing infrastructure. Section 30-655 can impose conditions needed to provide utilities, minimize impact on infrastructure, and mitigate disruption of surrounding land use. Section 30-792 allows multiple structures in PUDs or with public hearing,recommendation of plan commission, and council approval. Planning Commission Issue Paper—CUP for Multiple Principle Buildings August 16,2016 Page 3 of 6 Inver Grove Heights: Section 10-3A-5 Compatible with the comprehensive plan, appropriate for the physical characteristics of the parcel in question,will not degrade surrounding properties or environment, and does not overburden existing infrastructure. Has blanket authority to modify permit and/or impose conditions. Number of principle buildings stipulated by district. Lino Lakes: Section 1007.016 Minimal to no increase in traffic, is consistent with the city's land use plan, and shall not harm the general welfare. The city may allow developers to finance any infrastructure improvements needed to meet the above criteria. Specific criteria for different specific conditional uses are listed in the zoning districts. 1007.042(4)(d) Multiple principle buildings only allowed on PUDs. Prior Lake: Section 1108.200 In line with comprehensive plan, not detrimental to the general welfare, no negative impact on adjacent parcels, and has a landscape plan. city may place conditions stricter than those specified in zoning so long as they are consistent with conditions for approving a CUP. 1101.501(4) Multiple principle buildings only allowed by CUP or PUD. No unique conditions. Rosemount: Section 11-10-7 Must be harmonious with the comprehensive plan, not increase traffic, not harm the general welfare, and not impose a burden on existing infrastructure. Additional conditions are listed for each zoning district. May apply any reasonable condition to the use to insure the above. 11-2-2 One building per lot except PUD or multi-family projects. Savage: Section 152.031 Fits with the comprehensive plan, does not harm the general welfare, and does not degrade infrastructure or surrounding properties. May establish any condition need to mitigate the CUPs impact. Multiple buildings allowed in non- residential districts. Shakopee: Section 151.011 Adequate infrastructure must be present to support the use and additional conditions may be imposed to meet the chapter's requirements. Detailed criteria for each allowed conditional use per zone. Number of principle buildings stipulated by district. Stillwater: Section 31-207 Must conform to the requirements and intent of zoning code,plan, and will not be a nuisance or harm the general welfare. Can impose "any conditions necessary for the public welfare."Number of principle buildings stipulated by district. Analysis Allowing properties to have multiple principle buildings means lots that would otherwise have been subdivided are left intact. This can be desirable as it allows a single owner to keep the parcel under a single pin, results in less of the parcel's Planning Commission Issue Paper—CUP for Multiple Principle Buildings August 16,2016 Page 4 of 6 usable area being lost to setbacks, and prevents the arbitrary connecting of buildings, but it also lead to more intense use of the property. This more intense use can place an added burden on public services and infrastructure. The CUP process can allow developers to avoid the development fees and land dedications involved with the subdivision process. The city uses these fees to help create and maintain its park and trail system, defray the cost of storm water management,pay for sewer and water infrastructure and assemble land for public purposes. Chanhassen's code allows for the city to deny a conditional use if it won't be served by essential public facilities and services. The city can also require that the applicant finance the improvements needed to provide these services,but it can be hard to anticipate what those will be when multiple buildings are built on a single parcel. Many exactions are calculated by parcel area and are not impacted by the number of units on a parcel; however, allowing multiple buildings usually creates a more intense use and burden on public services than would otherwise be allowed. When staff examined ten similar cities we discovered that six of them do not have blanket provisions disallowing multiple principle buildings on lots. These cities tend to limit the number of principle structures in residential districts, but their codes are silent on the number of principle buildings which can be constructed in other districts. Of the four cities that have a general provision stipulating that only one principle building is allowed per lot,two explicitly state that only planned unit developments (PUDs) are allowed to have multiple buildings. The other two allow multiple buildings either by CUP or the approval of the city council. Chanhassen allows multiple buildings on a single nonresidential lot through a CUP or PUD. The only other city to make multiple buildings on one lot a CUP, Prior Lake, does not list any special criteria that should be used to evaluate CUPs for multiple buildings. Like all other cities, it does have a list of general criteria that apply to all CUPs. The general criteria are virtually identical between the cities and focus on making sure that the use can be supported by the area's infrastructure,will not harm the general welfare of the community, and will not have a negative impact on surrounding properties. All of the investigated cities have the ability to impose conditions on CUPs. Seven of the ten cities are limited to imposing conditions related to ensuring compliance with their criteria for approving conditional uses. Three cities have more general authority to impose conditions. Chanhassen has the authority to impose any conditions it deems necessary to mitigate the impact of a conditional use. Planning Commission Issue Paper—CUP for Multiple Principle Buildings August 16,2016 Page 5 of 6 Chanhassen's treatment of CUPs is in line with surrounding communities; however, classifying multiple buildings as a conditional use creates some unique concerns. A conditional use permit which is granted to allow an industrial property to have multiple principle buildings may be evaluated and issued based on a proposed intensity of use which the surrounding area can support. Once this type of CUP is issued it will remain in effect so long as multiple buildings are present, even if the use of these buildings changes as allowed by the district regulations. If buildings change from a low intensity use, like warehousing,to a higher intensity use, like an indoor health and recreation club, it can place unforeseen demands on the area's infrastructure and create new conflicts with the surrounding properties. Finally, staff examined numerous developments throughout Chanhassen and could not find one that would not have been possible without a CUP for multiple buildings. Most projects in Chanhassen that locate multiple buildings on a single parcel are either CICs or PUDs. In several cases,properties that initially requested a multiple building CUP ultimately decided to become CICs. The few projects we found that have a CUP for multiple buildings could have been developed utilizing a CIC, PUD, or the city's subdivision process. Alternatives 1) Do nothing. Section 20-232 provides sufficient grounds to deny a CUP that would place a significant burden on the city's infrastructure. 2) Amend Section 20-902 to establish one principle building per lot for all zoning districts. This would require any parcel wishing to have multiple principle buildings to either be a PUD, CIC, or seek a variance. 3) Add subsection listing additional criteria and conditions for Multiple Principle Buildings. Criteria and criteria could be established governing the amount of intensification that could be allowed by a CUP for multiple principle buildings. Potential criteria could be: 1) The nature of the proposed use or parcel makes subdividing impractical. 2) The applicant shall finance any and all infrastructure improvements necessary to provide essential public facilities and services, including but not limited to fees as provide for by Sections 18-76 to 18-79 of the City Code. a. If the property was previously subdivided and exactions were paid at that time, the applicant shall only be liable for Park and Trail fees proportional to the intensification of use associated with the CUP. b. If the property was previously subdivided,but exactions were either not paid or only partially paid, the applicant shall be liable for all unpaid exactions. Planning Commission Issue Paper—CUP for Multiple Principle Buildings August 16,2016 Page 6 of 6 c. If the property was not previously subdivided, the applicant shall be assessed development fees commensurate with those that would be assessed were the property being subdivided. Recommendation Alternative two would remove a seldom used and redundant mechanic from the city's Ordinance. Relatively few developers have requested a CUP for multiple buildings, and these developments all could have been accomplished either through the subdivision, CIC, or PUD processes. Staff is requesting direction from the Planning Commission on how best to address this concern. Attachments Full Text of Chanhassen City Code Section20-902 and Section 20-231 to 20-237. G:plan\city code\issue paper\multiple buildings cup\issue paper multiple buildings CUP criteria