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1b. City Code Amendments to Chapter 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 www.ci.chanhassen.mn.us lb .......1l\Ill' - 1l>,M~ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Planning Department a-1 DATE: January 26, 2009 SUBJ: City Code Amendments: Chapter 20, Zoning PROPOSED MOTION: "The Chanhassen City Council adopts the attached ordinance amending Chapter 20 of the Chanhassen City Code dealing with Conditional Use Permits and Interim Use Permits." Approval of this item requires a simple majority vote. BACKGROUND The Planning Commission held a public hearing on the attached ordinance amendment on June 17,2008 at which time they voted unanimously to recommend approval to the City Council. The amendment went before the City Council at a work session on July 28, 2008, but was not reviewed at that time. The amendment went before the City Council at a work session on August 11, 2008, but was not reviewed at that time. The amendment then went before the City Council at a work session on August 25, 2008. (It should be noted that this change has already been made to the variance section of the City Code.) This amendment was submitted to the City Council as part of the September 8, 2008 agenda for approval. However, this amendment was pulled to allow staff to address an issue with the Autobahn Motorplex conditional use permit; which was ultimately amended by City Council on December 8,2008 to permit the phased expansion and potential lot line changes approved for the project. CONDITONAL USE AND INTERIM USE PERMITS ISSUE: There are some properties within the City that have obtained a Conditional Use Permit or an Interim Use Permit which has been recorded against the property. In some cases the property lines are altered or subdivided years later. This poses a few problems: there may be multiple owners for the subdivided properties governed by the CUP/IUP; or, with the addition of new lot lines, the site plan has changed and the site may be in violation of the conditions of approval. It is difficult to maintain the conditions of approval on a property that has been sold to new owners who mayor may not be aware of the permits governing these sites. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Todd Gerhardt January 26,2009 Page 2 of 2 Staff is proposing to add language to the Conditional Use and Interim Use sections of the city code that subdivision of the property shall deem the CUP or IUP null and void. PROPOSED CHANGES: Amend Section 20-233 by adding subparagraph "c" to read as follows: (c) It is a condition of every conditional use permit that the property for which the permit is issued not be subdivided or the lot lines of the property altered. Amend Section 20-323 by adding subparagraph 4 to read as follows: (4) Upon the subdivision of the property or the alteration of the lot lines of the property. RECOMMENDATION Staff and the Planning Commission recommend that the City Council adopt the following motion: "The Chanhassen City Council adopts the attached ordinance amending Chapter 20 of the Chanhassen City Code dealing with Conditional Use Permits and Interim Use Permits." A 1'1' ACHMEN1' 1. Ordinance Amending Chapter 20 of the Chanhassen City Code g:\plan\city codc\2009 code amcndments\cc memo cllp-illp void.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 ZONING CHANHASSEN CITY CODE, 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 20-233 (c), which shall read as follows: It is a condition of every conditional use permit that the property for which the permit is issued not be subdivided or the lot lines of the property altered. Section 2. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 20-323 (4), which shall read as follows: Upon the subdivision of the property or the alteration of the lot lines of the property. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 26th day of January, 2009, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on )