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D. City Code Update, Chapters 18 & 20 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 WNW.ci .chanhassen.mn. us f) MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Angie Auseth, Planner I February 25, 2008 ~. DA TE: SUBJ: City Code Issue Paper--Part II BACKGROUND In continued anticipation of the adoption of the 2030 Comprehensive Plan, staff has assembled Part II of the City Code updates. This group of potential changes is in response to issues that have arisen throughout the year. Staff is once again requesting input and guidance with regard to these identified issues before we proceed with a formal recommendation. ANAYLSIS Part II of the code updates will be addressing: watering restrictions, due to the need to maintain the City's water supply; signage criteria, based on overly restrictive design criteria; pre-application meeting, to work out the details/issues of an application prior to formal submittal; animal impoundment, to address the financial liability of the pet owner in the case of impoundment by the City; and landscape security, allowing the City to use escrow funds to bring a site into compliance. DIRECTION The Planning Staff is looking to City Council for feedback with regard to the attqched City Code issues. ATTACHMENT 1. Part II, Amendment Issues. g:\plan\aa\code revision\2008 code update\work session memo.doc The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A glBat place to live, work, and play. WATERING RESTRICTIONS ISSUE: Due to the water supply issues that Chanhassen experienced last summer, staff continues to be concerned with high water usage. Most of this high water usage is occurring as the result of lawn irrigation. Lawn sprinkling done during mid-day hours does not usually benefit lawns, due to the high evaporation rate. The time between 10 a.m. and 5 p.m., or low-demand hours, is also critical for the system to catch up before the next peak demand occurs, gives the pumps and motors time to rest and allows the aquifers time to recharge. The time frame for which water usage is restricted should be revised. PROPOSED CHANGE: Amend Sec. 19-28 as shown below. Sec. 19-28. Water use restriction. Use of the City water supply system for lawn and garden sprinkling, irrigation, car washing or other non-potable uses shall be limited to an odd-even schedule corresponding to property address, and shall not occur between the hours of 10 a.m. and 5 p.m. irrespective of the date, effective eaefl.-year round from May 1 to September W. Whenever the City Councilor, on a temporary basis, the Public Works Director and/or the City Manager or City Manager's designee, shall determine that a shortage of the water supply threatens the City, they may further limit the days and hours during which water may be used from the City water supply system. Special permit . consideration will be given for those property owners with new seed or sod if in the opinion of the public works director sufficient water for such permits is available. Property owners installing an automatic or underground irrigation system are required to install a rain sensor device. Existing irrigation systems are required to retrofit to install a rain sensor device at such time as improvement or extension of the system valued at or above $1,000.00 or requiring a plumbing permit are done. The first violation of the provisions of this section in any calendar year shall result in a written warning from the City. Subsequent violations will result in a penalty fee schedule approved by City Council. The penalty will be added to the next water bill for the premIses. SIGNAGE 1. ISSUE: The current ordinance states that signage shall use individual dimension letters, at least one-half inch in depth. Staff's intent was to require all wall signage to maintain these standards. However, the literal translation of the current design standards for signage requires all lettering to be individual dimension, a minimum Y2- inch deep. This includes monument signs and multi-tenant panel signs. Typically, the panel on a multi-tenant sign is Ih-inch thick. To comply with the 1/2-inch depth, this requires push-through letters. Such lettering is much more costly to the applicant, than routing out the letters in the panel. The dimension lettering is less visible at a distance on a monument sign than it is on a wall sign due to the scale of the sign. *Verizon wireless has Y2-inch dimensional push-through letters; the other four panels are routed letters in the l/4-inch panel. PROPOSED CHANGE: Amend Sec. 20-1267 as shown below. Sec. 20-1267. Uniformity of construction, design, etc. All permanent signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture. Multi-tenant commercial and industrial buildings shall have uniform signage. When buildings or developments are presented for site plan revIew, proposed signs for the development should shall be presented concurrently for staff review. All planned centers and multi-tenant buildings shall submit a comprehensive sign plan for approval by the Planning Commission and City Council. All wall signage shall use individual dimensional-letters, at least one-half inch in depth deep. -aH6 Logos may be exempt from this requirement. Wall signs shall be backlit if a wall sign is illuminated, and be architecturally compatible with the building and other signage if in a multi-tenant building. Company symbols, display messages, pictorial presentations, illustrations, or decorations (anything other than '.'lording) Company logos shall not occupy more than 15 percent of the sign display area. 2. ISSUE: Staffs intent is to allow for signage on buildings where individual entrances do not front on a public street for single and multi-tenant buildings. The current ordinance prohibits wall signs adjoining a residential district unless there is an intervening public street. Staff proposes that in circumstances where an intervening building would serve as a screen for the signage to the residential properties, wall signage would be permitted. This is true for all commercial and industrial zoning districts. 2 PROPOSED CHANGE: Amend Sections 20-1302 to 20-1304 as shown above. (1) Wall business signs. One wall business sign shall be permitted on the street frontage for each business occupant within a building. In multi tenant buildings where individual entrances do not front on a public street, a wall sign may be permitted on the entrance facade consistent with the approved comprehensive sign plan. The sign may contain the name and logo of the business only and shall have a sign display area that is in compliance with the district standards. Wall business signs shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening building or f*:ll*ie street. The total of all wall mounted sign display areas for each business shall not exceed the square footage established in the following table: 3. ISSUE: It is staff's intent to allow a 3D-day banner or portable sign display period to coincide with a grand opening in addition to the three ten-day display periods per calendar year. The current ordinance states that a business may have a banner or portable sign for 30 days to coincide with a grand opening or three occasions per year with a maximum ten-day display period. This does not benefit a new business opening in the community as they must choose to have either a grand opening sign or to advertise their business/sale on three separate occasions throughout the year. Staff proposes clarification of the original intent. PROPOSED CHANGE: Amend Sec 20-1256 (1) as shown below. Sec. 20-1256. Permit for temporary signs, searchlights, banners, etc. Temporary signs are permitted as follows: (2) Banners shall not exceed 140 square feet and portable signs shall not exceed 32 square feet and shall meet the following standards: a. A 3D-day display period to coincide with the grand opening of a business or a new development (business park or shopping center), or a business may display a banner or portable sign on three occasions per calendar year v'lith a maximum ten day display period for each occasion. which shall not count toward the three occasions per year restriction. b. A business may display a banner or portable sign on three occasions per calendar year with a maximum ten-day display period for each occasion. dr-Messages must relate to on-premises products or services, or any noncommercial message; and 3 d.~Banners must be located on the property affixed to a principal structure which is owned or leased by the business which the sign is advertising. Nonprofit and governmental event banners are excluded from this provision. e.4Portable signs shall not be located in the public right-of-way. f.&.- Sign permit issued by City. 4. ISSUE: Recently, emergency vehicles were called out to a property located on a private street. It was evening and the street was marked with a private street sign. The sign had non-reflective lettering on a brown background; the emergency vehicle was unable to locate the property for which it was called. The neighborhood association then determined that they needed to change their signs. Upon contacting the City's public works department, the association representative was told the sign must have a blue background because it was a private street. The association wanted to have white lettering on a brown background, which, according to City standards, signifies a county road. Although the City currently requires all private streets to have white lettering on a blue background as specified in the City of Chanhassen Standard Specifications and Detail Plates, it is not written in the City Code. In order to strictly enforce this requirement, it must be incorporated as a City Ordinance. PROPOSED CHANGE: Amend Sec. 18-57(p)(5) as shown below. Sec. 18-57(p)(5) Streets. (5) Street addresses or City approved street name sign, if required, must be posted at the point where the private street intersects the public right-of-way. Private street signs shall be white reflective lettering on a blue background and must meet the requirements set forth in the City of Chanhassen Standard Specifications and Detail Plates. PRE-APPLICATION SUBMITTAL MEETING Subdivision, Site Plan Review, Variance, Conditional Use and Interim Use ISSUE: Staff would like to emphasize the pre-submittal meeting with developers, homeowners, etc. prior to their formal application submittal. The intent is to identify, discuss and resolve any issues and/or concerns before the application is submitted and brought before the Planning Commission and City Council. This would help alleviate development review applications that are incomplete or that have unresolved issues that lead the commission or council to tabled the item for resolution at a staff level, only to return at the next meeting. 4 This is currently a requirement for Planned Unit Developments and staff feels this should be common practice for all application submittals, including Subdivision, Site Plan Review, Variances, Conditional Use Permits, and Interim Use Permit applications. Staff is proposing using similar language to the Planned Unit Development requirements. Prior to filing an application for a [preliminary plat, site plan review, variance, conditional use, interim use] the applicant shall attend a conference with the City. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the proposal and its conformity to the provisions of this ordinance before incurring substantial expense. HOSPITALS AND HEALTH SERVICES ISSUE: Health Care Facility and Health Services are currently a Conditional Use in the High Density Residential Districts (R12 and R16). The Conditional Use standards set forth do not make it feasible for a health care facility to be located within these districts. Staff proposes eliminating Health Care Facilities and Health Services from those residential districts since they are permitted uses in commercial and industrial districts. Therefore, there is not a need to permit them in residential districts. Staff would propose that the hospital standards be moved to the General Supplemental Regulations section of the City Code, Chapter 20, Article XXIII. PROPOSED CHANGE: Amend Sec. 20-261 by moving entire section to Chapter 20, Article XXIII, General Supplemental Regulations: Hospitals and health care facilities services. The following applies to hospitals and health care facilities services: (1) The site shall have direct access to collector or arterial streets, as defined in the comprehensive plan. (2) Emergency vehicle access shall not be adjacent to or located across a street from any residential district. ANIMAL IMPOUNDMENT ISSUE: When an animal is picked up by the City and the owner cannot be located, the animal is taken to Chanhassen Veterinary Clinic and impounded. The veterinary clinic invoices the City for the various related charges, including needed shots and boarding fees. When the animal's owner is located, these fees are assessed back to the owner. 5 Occasionally, an animal owner refuses to pay the fees. The result is that the animal remains in impound and continues to accrue fees. The City is obligated by state law to hold the animal for 10 days, and pay all related fees, after which time it is typically put up for adoption. By changing this ordinance, the animal's owner is encouraged to pick up the animal as soon as possible. This change may also reduce the potential financial liability to the City. PROPOSED CHANGE: Amend Sec. 5-19 and Section 5-20 as shown below. Sec. 5-19. Running at large. No dog or cat shall be allowed by its owner to run at large. The police or animal control officers of the City shall take up and impound any dog or cat found at large in violation of this section. The owner retains liability for all fees and charges related to the animal and its impound. Sec. 5-20. Abandonment. No person shall abandon any dog or cat within the City. A person who chooses to abandon or surrender their animal after impoundment retains liability for all fees and charges related to the animal and its impound. LANDSCAPE SECURITY ISSUE: While City ordinance provides the landscape security requirement, it does not specify the City's ability to use the escrow to complete the landscaping requirements on a lot. The language is similar to what is specified in the erosion and sediment control section of the ordinance (7-22). PROPOSED CHANGE: Amend Section 7-24 as shown below. Sec. 7-24. Landscaping security. (a) If the lot on which a certificate of occupancy for a single-family dwelling is requested, it 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, 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's tree planting fund. (b) The City may use the escrow to reimburse the City for any labor or material costs it incurs in securing compliance with the landscaping requirements. If the City 6 draws on the escrowed funds, no additional permits shall be issued for the lot until the pre-draw escrow balance has been restored. The City shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the City. g:\plan\aa\code revision\2008 code update\update feb 25. 2008.doc 7