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1k. Ordinance Amendments CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 1.Jz. - MEMORANDUM TO: Todd Gerhardt, City Manger FROM: Bob Generous, Senior Planner ~. DATE: September 24,2007 SUBJ: Adoption of Ordinances Amending Chapter I-General Provisions (Definitions); Chapter 7-Buildings and Building Regulations; Chapter I8-Subdivisions; and Chapter 20-Zoning of the Chanhassen City Code. ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment. BACKGROUND Staff has brought these changes forward to provide definitions concurrent with the smoking shelter ordinance (Sec. 1-2. Rules of construction and definitions); to eliminate long standing landscape escrows (Sec. 7-24. Landscaping security); to limit invasive tree species (Sec. 18-61. Landscaping and tree preservation requirements) and; to provide standards for smoking shelters (Sec. 20-904 (d) Accessory outdoor smoking facilities (public places)) and help wanted signs (Sec. 20-1255 (12) Employment opportunity signs); and to correct an oversight regarding industrial signage (Sec. 20-1304. Industrial Office Park Signs) from a previous amendment. The proposed changes to Chapters 1, 7, 18 and 20 have been previously reviewed by the Chanhassen Planning Commission. SUMMARY Staff believes that these changes are primarily administrative, rather than substantive, in nature and is recommending approval of the amendment. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 4, 2007, to review the proposed amendments. The Planning Commission voted 6-0 to approve the amendments. The summary and verbatim minutes are item la of the City Council packet for September 24, 2007. The only issue the Planning Commission had was with Sec. 1-2. Rules of construction and definitions. They felt the definition of "Indoor area" was confusing. Staff simplified the definition. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play Mr. Todd Gerhardt September 24, 2007 City Code Amendment Chapters 1, 7, 18 and 20 Page 2 RECOMMENDA TION Staff recommends approval of the following motion: "The Chanhassen City Council approves adoption of the attached ordinances amending Chapters 1,7, 18 and 20 of the Chanhassen City Code." A TT ACHMENTS 1. Ordinance Amending Chapter 1, Chanhassen City Code, General Provisions (Definitions). 2. Ordinance Amending Chapter 7, Chanhassen City Code, Buildings and Building Regulations. 3. Ordinance Amending Chapter 18, Chanhassen City Code, Subdivisions. 4. Ordinance Amending Chapter 20, Chanhassen City Code, Zoning. 5. Staff Report Dated September 4, 2007. g:\plan\bg\city code\sept revisions 2007 18 & 20\cc memo 1,7,18,20 sept 24th, 2007.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 CHANHASSEN CITY CODE, GENERAL PROVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding the following definitions to section 1-2, which shall read as follows: Indoor area means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed. A wall, for the purpose of smoking shelters, includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Public transportation means public means of transportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals." Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment tobacco or plant product intended for inhalation. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24th day of September, 2007, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE CHANHASSEN CITY CODE CONCERNING THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 7-24 of the Chanhassen City Code is amended to read: If the lot on which a certificate of occupancy for a single-family dwelling is requested is subject to landscaping requirements set forth in the development contract with the City, a certificate of occupancy shall not be issued unless the landscaping has been completed or unless a $750.00 fee, or such other amount as determined by the City's Community Development Director, in the form of a cash escrow or letter of credit is furnished to the City guaranteeing completion within 60 days, weather permitting. If the landscaping requirements are not met within one year of the completion deadline, the money shall be forfeited and deposited into the City tree planting fund. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24th day of September, 2007, by the City Council of the City of Chanhassen, Minnesota. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ,20_). 132646vOl RNK:07/02/2007 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 CHANHASSEN CITY CODE, SUBDIVISION THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 18-61 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended by adding an asterisk to the following tree species on the list of acceptable trees to meet the planting requirements: *Fraxinus spp. Ash, all varieties * Acer ginnala Maple, Amur *Picea pun gens Spruce, Colorado Green Section 2. Section 18-61 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to add the following footnote below the last table: *These trees shall be restricted; quantities and location must be approved by the City in a landscape plan. Section 3. Section 18-61 (d)(2)(b) of the City Code, City ofChanhassen, Minnesota, is hereby amended to read as follows: The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on-site as part of the development. It shall represent the minimum canopy coverage, consisting of existing tree canopy and/or additional trees required for the site. Existing wetland areas, bluff areas, and dedicated park land located on site shall be excluded from the calculation of site area in the determination of site coverage. If a forested area is to be dedicated to the city for park land, then this area shall not be included in the base line canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site. 1 " " ".""""., .' . .... ....., Base Line Canopy Coverage Per Acre Comprehensive Plan 80-- 60-- 40-- 20-- 19% or Designation 100% 79% 59% 39% less Commerci alii ndustri alii ns ti tu ti onal 28% 25% 20% 14% 10% High density residential 35% 30% 25% 20% 15% Medium density 40% 35% 30% 25% 20% residential Low density residential 55% 46% 35% 30% 25% Large lot residential 68% 56% 43% 35% 25% Base line canopy coverage is the canopy coverage existing at the time the development application is filed with the city. Minimum canopy coverage is determined by using the matrix. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24th day of September, 2007, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) 2 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE ANlENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-904 (d), which shall read as follows: Accessory outdoor smoking facilities (public places). (1) A detached accessory outdoor smoking shelter shall be located within the buildable lot area in the rear or side yard. (2) Smoking Shelters shall not be closer than 25 feet of any entrances, exits, open windows and ventilation intakes of public places. (3) Smoking shelters shall not be more than 200 square feet and a maximum height of 16 feet. (4) The smoking shelter must be aesthetically compatible with the overall architecture of the building or development. (5) Smoking shelters must be detached from the principle structure. (6) Smoking shelters may not be more than 50% enclosed at anytime. (7) Service of food and alcoholic and non alcoholic beverages is prohibited in smoking shelters. (8) Smoking shelters must comply with Building Code. (9) Smoking Shelters must receive a building permit. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered Section 20-1255 (12), which shall read as follows: Employment opportunity signs (help wanted) which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions: a. One nonilluminated sign is permitted per street frontage. b. A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure. 1 c. Freestanding signs shall not exceed 16 square feet of display area and 8 feet in height. d. No such sign shall be located less than ten feet from any property line. e. All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled. Section 3. Section 20-1304 (2) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read: Ground low profile business signs. One ground low profile business sign shall be permitted per site for each street frontage. Such sign shall not exceed 64 square feet, except on a State Highway, in display area nor be greater than eight feet in height. Such sign shall be located at least ten feet from any property line. A ground low profile on a State Highway may not exceed 80 square feet and eight feet in height. Such sign shall be located at least ten feet from any property line. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24th day of September, 2007, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) 2 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952,227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952,227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952,227.1125 Fax: 952.227.1110 Web Site W'INI, ci .chan hassen. mn .us [i] MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: September 4, 2007 SUBJ: Amendment to Subdivision and Zoning Ordinance Chapters 18 & 20 of the Chanhassen City Code The Planning Commission has review responsibility for Chapters 18 and 20. A public hearing is required to make changes in these chapters. We are requesting that the Planning Commission review the proposed revisions to Chapters 18 and 20 and recommend an ordinance amendment incorporating the changes. Staff has prepared a strike-through (delete) and bold (add) format to review the proposed changes. CHAPTER 18 ISSUE: Some species of trees must be limited due to the potential negative environmental impact they have in an area. The following tree species shall be restricted. . Ash (Fraxinus spp.): The emerald ash borer is a future fatal threat to ash trees. Once this pest becomes established the effect will be comparable to the Dutch elm disease epidemic. Limited planting of ash trees should be allowed from this time forward in order to lessen future tree losses. · Amur maple (Acer ginnala): This tree has been identified by the Minnesota Department of Natural Resources as a threat to natural areas. Like buckthorn, amur maple freely seeds itself into natural areas and quickly becomes a predominant plant, out-competing native plants for space, water and nutrients. This tree should only be allowed in highly manicured landscapes where seeding is eliminated by mowing and herbicides. . Colorado spruce (Picea pungens): The native range of this species does not include Minnesota. The hot, humid climate and clay soils of our area cause these spruce to be vulnerable to a couple of devastating diseases. Their generally short period of health (20-30 yrs) precludes them from a sustainable landscape. Sec. 18-61. Landscaping and tree preservation requirements. (a) Required landscaping/residential subdivision. (1) Each lot shall be provided with a minimum of one deciduous or conifer tree to be placed in the front yard. The type of tree shall be subject to city approval. Coniferous trees must be at least eight feet high and deciduous trees must be at least two and one-half inches in diameter at the time of installation. This The City of Chanhassen · A growing community with clean lakes, Quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Q3t1tI'dOS Planning Commission September 4,2007 Page 2 of 9 requirement may be waived by the city where the applicant can demonstrate that a suitable tree having a minimum diameter of two and one-half inches for deciduous and eight-foot height for conifers is located in an appropriate location on the lot. The following trees may be used to meet planting requirements: Scientific Name DECIDUOUS TREES Common Name Acer saccharum Maple, Sugar or hard Carya ovata Shagbark Hickory Celtis occidentalis Hackberry luglans nigra Black Walnut Quercus rubra Oak, Red Quercus alba Oak, White Quercus bicolor Oak, Bicolor Quercus macrocarpa Oak, Bur Tilia amencana Linden, American Acer rubrum spp. Maple, Red, all varieties Acer x freemanii, spp. Maple, Freeman, all varieties Acer saccharinum 'Silver Queen' Maple, Silver Queen Aesculus glabra Ohio Buckeye Betula nigra Birch, River Betula papyrifera Birch, paper Betula pendula 'Dalecarlica' Birch, cut leaf weeping Catalpa speciosa Northern Catalpa * Fraxinus spp. Ash, all varieties Ginkgo biloba Ginkgo Gleditsia triacanthos inemzis, spp. Honeylocust, thornless - all varieties Gymnocladus dioicus Coffeetree, Kentucky Tilia spp. Linden, all varieties Ulmus spp. ELM, DED-resistant varieties Planning Commission September 4, 2007 Page 3 of 9 Scientific Name ORNAMENTAL TREES Common Name * Acer ginnala Maple, Amur Amelanchier spp. Serviceberry or Juneberry Crataegus spp. Hawthorn, all varieties Malus spp. Crabapple, assorted flowering-Varieties Ostrya virginiana Ironwood Populus tremuloides Aspen Sorbus spp. Ash, Mountain, all varieties Phellodendron amurense Amur Corktree Pnmus cerasifera 'Newport' Plum, Newport Pnmus triloba Plum, flowering or Rose Tree of China Prunus virginiana 'Schubert' Chokeberry, Schubert Syringa reticulata Lilac, Japanese tree Scientific Name CONIFERS Common Name Abies balsamea Fir, Balsam Abies concolor Fir, Concolor Larix laricina Tamarack Picea abies Spruce, Norway Picea glauca Spruce, White Picea glauca densata Spruce, Black Hills * Picea pungens Spruce, Colorado Green Pinus nigra Pine, Austrian Pinus ponderosa Pine, Ponderosa Pinus resinosa Pine, Norway Pinus strobus Pine, White Pinus sylvestris Pine, Scotch Pseudotsuga menziesii Fir, Douglas Planning Commission September 4, 2007 Page 4 of 9 Scientific Name CONIFERS Common Name Thuja occidentalis Arborvi tae Thuja occidentalis 'Tee/my' Techny Arborvitae *These trees shall be restricted; quantities and location must be approved by the city in a landscape plan. PROPOSED CHANGE: Amend Section 18-61. Landscaping and tree preservation requirements. By adding an asterisk to the following species of trees: Fraxinus spp., Acer ginnala, Picea pungens. And, add "*These trees shall be restricted; quantities and location must be approved by the city in a landscape plan." Under the table of trees to show they are restricted specIes. ISSUE: Bluff areas and dedicated park land, like wetlands, are unbuildable areas. If an area cannot be developed it should not be included in the overall canopy coverage and tree preservation for a site. Doing so credits a developer with tree cover that is not theirs to take. Sec. 18-61. Landscaping and tree preservation requirements. (2) Prior to the submittal of development plans, a tree survey of the site shall be prepared by a registered landscape architect, licensed forester, or other professional approved by the city. This survey shall include the species, DBH size, condition, location of all trees over ten inches in diameter and any damaged or diseased trees on site. All significant special, damaged or diseased trees shall be tagged and identified by number on the survey. A delineation of the existing canopy coverage area(s) which outlines all areas covered by tree canopy shall be included as part of the survey. Additionally, all damaged and diseased trees shall be cataloged with the nature and extent of any damage or disease specified. a. Based on this survey and either site observation and measurement or a current aerial photograph (taken within one year of the date of plan submittal) interpretation, the following shall be calculated: 1. Base line canopy coverage. 2. Minimum canopy coverage requirements. b. The following table shall be used to determine the minimum amount of canopy coverage that must be maintained or provided on-site as part of the development. It shall represent the minimum canopy coverage, consisting of existing tree canopy and/or additional trees required for the site. Existing wetland areas, bluff areas and dedicated park land located on site shall be excluded from the calculation of site area in the determination of site coverage. If a forested area is to be dedicated to the city for park land, then this area shall not be included in the base line Planning Commission September 4, 2007 Page 5 of9 canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site. PROPOSED CHANGE: Amend Sec. 18-61 (d) (2) b. to include "Existing wetland areas, bluff areas and dedicated park land located on site shall be excluded from the calculation of site area in the determination of site coverage. If a forested area is to be dedicated to the city for park land, then this area shall not be included in the base line canopy coverage area calculation nor shall it count towards the minimum canopy coverage for the site." CHAPTER 20 ISSUE: The Freedom to Breathe Act was passed by the Legislature on May 12,2007, signed into law on May 16,2007, and will be effective Statewide on October 1,2007. The purpose of the Freedom to Breathe Act is to protect employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings. The Freedom to Breathe Act prohibits smoking in all indoor public places and at public meetings, in all indoor places of employment/work including lunchrooms, lounges and offices, in all bars and indoor private social clubs, and on all public transportation. As a result of the Freedom to Breathe Act, local establishments will want to create outdoor smoking shelters to accommodate their patrons. Rather than respond on an ad hoc basis, the City feels it necessary to set standards for the construction of outdoor smoking shelters. Staff researched other cities. Most ordinances address the distance smoking must be from the main entrance of a building. This ranges from 5 feet in Meeker County to 25 feet in Beltrami County. However, staff found that the City of Bloomington addressed standards for a permanent smoking shelter. Staff proposes that the standards in Bloomington are similar to standards that would be applicable to Chanhassen. Staff has developed the following recommendation based on the research of neighboring cities as well as the guidelines set forth by the state. Sec. 20-904 (d) Accessory outdoor smoking facilities (public places). (1) A detached accessory outdoor smoking shelter shall be located within the buildable lot area in the rear or side yard. (2) Smoking Shelters shall not be closer than 25 feet to any entrances, exits, open windows and ventilation intakes of public places. (3) Smoking shelters shall not be more than 200 square feet in area and have a maximum height of 16 feet. Planning Commission September 4, 2007 Page 6 of 9 (4) The smoking shelter must be aesthetically compatible with the overall architecture of the building or development. (5) Smoking shelters must be detached from the principle structure. (6) Smoking shelters shall not be more than 50% enclosed at anytime. (7) Service of food and alcoholic and non-alcoholic beverages is prohibited in smoking shelters. (8) Smoking shelters must comply with Building Code. (9) Smoking Shelters must receive a building permit. PROPOSED CHANGE: Add Sec. 20-904 (d) Accessory outdoor smoking facilities into Chanhassen City Code. ISSUE: Help wanted signs do not require a sign permit nor does the city code have any restrictions for the size of such sign. Staff researched local cities to determine size and location restrictions for Help Wanted signs and came up with the following recommendation. Sec. 20-1255 (12) Employment opportunity signs (help wanted) which advertise job opportunities for a specific location upon which the sign is located subject to the following conditions: a. One nonilluminated sign is permitted per street frontage. b. A banner shall not exceed 100 square feet of display area and must be affixed to the principle structure. c. Freestanding signs shall not exceed 16 square feet of display area and 8 feet in height. d. No such sign shall be located less than ten feet from any property line. e. All temporary employment opportunity signs shall be removed within seven days after the posted position has been filled. PROPOSED CHANGE: Add Sec. 20- 1255 (12) Employment opportunity signs into Chanhassen City Code. Planning Commission September 4, 2007 Page 7 of 9 ISSUE: At the July 9,2007, City Council meeting, staff presented clarification of ground low profile sign display area within the lOP district. The Planning Commission had directed the monument signs in the lOP districts adjacent to State Highways be permitted to have 80 square feet of sign display. However, there was an omission in the ordinance, i.e. language was not inserted, that was approved by the City Council. Staff is working to correct this omission in the ordinance. Sec. 20-1304. Industrial Office Park Signs. (1) Pylon business signs. Pylon signs are permitted on parcels that abut State Highway corridors only. One pylon or one ground low profile industrial office park identification sign shall be permitted. A pylon sign shall not exceed 80 square feet in sign area and shall not exceed 20 feet in height. Such sign shall be located at least ten feet from any property line. (2) Ground low profile business signs. One ground low profile business sign shall be permitted per site for each street frontage. Such sign shall not exceed 64 square feet, except on a State Highway, in display area nor be greater than eight feet in height. Such sign shall be located at least ten feet from any property line. A ground low profile on a State Highway may not exceed 80 square feet and eight feet in height. Such sign shall be located at least ten feet from any property line. PROPOSED CHANGE: Amend Section 20-1304 (2) to add "A ground low profile on a State Highway may not exceed 80 square feet and eight feet in height. Such sign shall be located at least ten feet from any property line." CHAPTER 1 The changes to Chapter 1 are intended to be informational in nature. The Planning Commission does not have to act on the changes to this chapter. However, since they are related to the changes to Chapter 20 regarding the smoking shelter, we want to inform the Planning Commission. ISSUE: The Freedom to Breathe Act will be effective State wide on October 1, 2007. Staff is working to amend Chapter 20 to include standardized smoking shelter requirements to accommodate local establishments. Staff feels the following definitions should be added to the list of definitions in Chapter 1 to fully incorporate the Chapter 20 amendment. Sec. 1-2. Rules of construction and definitions. Indoor area means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the Planning Commission September 4, 2007 Page 8 of 9 €ombined surface area of the '/ertical planes constituting the perimeter of the area. A wall, for the purpose of smoking shelters, includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Public transportation means public means of transportation, including light and commuter rail transit; buses; enclosed bus and transit stops; taxis, vans, limousines, and other for- hire vehicles other than those being operated by the lessee; and ticketing, boarding, and waiting areas in public transportation terminals. Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment tobacco or plant product intended for inhalation. PROPOSED CHANGE: Amend Sec. 1-2. to include definitions for Indoor area, Public transportation and Smoking. CHAPTER 7 The changes to Chapter 7 are intended to be informational in nature. The Planning Commission does not have to act on the changes to this chapter. ISSUE: City auditors have recommended that landscape escrows be purged from our accounts within a reasonable amount of time. In the past, escrows have been held in our files for up to 8 years without satisfactory completion of the required landscaping improvements. Depositing the money in a tree planting fund would convey the intent to beatify our city and neighborhoods. Sec. 7-24. Landscaping security. If the lot on which a certificate of occupancy for a single-family dwelling is requested is subject to landscaping requirements set forth in the development contract with the City, a certificate of occupancy shall not be issued unless the landscaping has been completed or unless a $750.00 fee, or such other amount as determined by the City's Community Development Director, in the form of a cash escrow or letter of credit is furnished to the City guaranteeing completion within 60 days, weather permitting. If the landscaping requirements are not met within one year of the completion deadline, the money shall be forfeited and deposited into the City tree planting fund. PROPOSED CHANGE: Amend Sec. 7-24. Landscaping security to read, "If the landscaping requirements are not met within one year of the completion deadline, the money shall be forfeited and deposited into the city tree planting fund." Planning Commission September 4, 2007 Page 9 of 9 RECOMMENDA TION Staff recommends that the Planning Commission adopt the following motions: "The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinances amending Chapter 18 and Chapter 20 of the Chanhassen City Code." A TT ACHMENTS 1. Ordinance Amending Chapter 18, Subdivision. 2. Ordinance Amending Chapter 20, Zoning. 3. Ordinance Amending Chapter 1, General Provisions. 4. Ordinance Amending Chapter 7, Buildings and Building Regulations. g:\plan\bg\cily code\sepl revisions 2007 18 & 20\pc memo ch 7, 18 & 20 sept 2007 revisions.doc