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1b. City Code Amendment Chapter 20 Temporary Outdoor Sales0 CITY OF CgANNASSEN 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 wwadchanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al -Jaff, Senior Planner DATE: October 11, 2010 A&' SUBJ: City Code Amendment to Chapter 20, Zoning Temporary Outdoor Sales PROPOSED MOTION: "The Chanhassen City Council approves the amendment to Chapter 20 of the Chanhassen City Code pertaining to Temporary Outdoor Sales." Council approval requires a majority of City Council present. EXECUTIVE SUMMARY: Section 20 -312 of the Chanhassen City Code regulates temporary outdoor sales. There are hree types of outdoor activities that take place in the city on temporary basis: Events (customer appreciation, employee appreciation, private events such as concerts, car shows, etc.) Seasonal (produce stand, garden center, Christmas tree sale, fireworks, etc.); Sidewalk sales (any business may utilize the outdoor space for a temporary sales event subject to ordinance). This section of the city code is currently listed under conditional use permit standards. Staff is proposing to relocate it under General Supplemental Regulations as these are permitted uses with specific standards. There are criteria regulating seasonal and'femporary sidewalk sales but no specific language addressing events. Staff is proposing to clarify the language of the ordinance to differentiate between the different activities and to include events as a permitted activity. Also, seasonal sales are limited to 60 days per center. Produce stands alone can sell their harvested items over a period longer than 60 days. This does not leave any time for additional seasonal sales such as Christmas trees. This can be remedied by extending the timeframe to 120 days. 1b Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt, City Manager October 11, 2010 Page 2 PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review the proposed ordinance amendments. The Planning Commission voted unanimously in favor of a motion recommending approval of the amendment. The Planning Commission recommended deletion of the height of an outdoor display. The September 21, 2010 Planning Commission minutes are item la of this City Council packet. RECOMMENDATION Staff and the Planning Commission recommend the City Council approve the attached city code amendment to Chapter 20 regulating temporary outdoor events, seasonal, and sidewalk sales activities. ATTACHMENTS 1. Ordinance Amendment to Chapter 20, Zoning. 2. Planning Commission staff report dated September 21, 2010. g: \plan \city code\2010 \temporary sales \cc temp sales cover memo.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. Section 20-312 is hereby amended and renumbered as follows: 964. events, seasonal and sidewalk activities Sec. 20-312– Temporary outdoorsales. events, seasonal and sidewalk (1) Purpose. Temporary outdoor promotional and sales in a business, office, commercial, institutional or industrial districts activities are subject to issuance of an administrative permit and the requirements of this section. It is the intent of this , seasonalsidewalk activities section to provide for temporary outdoor events and sales which are distinguished from permanent outside business activities that are allowed only by conditional use permit or interim use permit approved by the city council. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by events, seasonal and sidewalk regulating temporary outdoor sales activities in the following manner: a. Establish standards which permit businesses an opportunity to conduct temporary outdoor sales; outdoor events, seasonal and sidewalk activities i. Ensure that temporary sales do not create safety hazards by occupying required parking spaces, emergency access, or impede the efficient movement of pedestrian and vehicular traffic; b. Provide standards, guidelines, and procedures for an administrative review of temporary outdoor events, seasonal and sidewalk sales permits; c. Provide a means of allowing citywide retail promotions; d. Allow certain uses which are seasonal in nature, while providing standards that will assure compatibility with the underlying zoning district and adjacent property; e. Provide the public with direct access to homegrown produce; events, seasonal and sidewalkactivities f. Allow temporary sales events which require an outdoor location; and 1 outdoor g. Limit temporary sales to activities which are short-term or seasonal and which do not require permanent improvements to the site. h. Allow temporary outdoor events such as concerts, car shows, customer appreciation, business employee appreciation, etc. (2) Findings. The city finds it necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the location, size, and appearance of outdoor events, seasonal and sidewalk activities temporary sales events be controlled. Further, the city finds that: a. Outdoor sales and displays have a direct impact on and a relationship to the image of the community; b. An opportunity for merchants to sell produce and seasonal merchandise are an integral component of economic development; events, seasonal or sidewalk activities c. Temporary outdoor sales events may present an obstacle to effective firefighting and other emergency services by blocking necessary exits, fire lanes, or turnaround areas; d. Uncontrolled and unlimited outdoor sales and displays adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth; and outdoor events, seasonal and sidewalk activities e. Uncontrolled temporary sales events may conflict with existing and neighboring uses. event,seasonal (3) Application for permit. No person shall engage in any temporary outdoor or sidewalk sales activitywithout a permit issued pursuant to this section. The application of a permit shall be made as follows: event, seasonal, or a. Application for an administrative permit for a temporary outdoor sidewalk promotional or sales activity shall be made by the property owner to the community development director on forms to be provided by the city at least ten business activity days prior to the date of the requested event . b. A written description of the proposed use including requested length of permit and hours of operation shall be included on the application. c. Disputes as to administrative application of the requirements of this section shall be referred to the planning commission and to the city council for review. d. The application shall be accompanied by a nonrefundable fee which shall be imposed in accordance with the fee schedule established by the city council. The intent of this section is to recover costs associated with administering this ordinance. Permit fees shall reflect the costs of reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. 2 (4) Required information and plans. The applicant shall provide the following information and plans: activity a. A concise statement describing the proposed event, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on-site security, provisions for on-site parking, name of person or organization requesting permit, and other pertinent information required by the planning director to fully evaluate the application; b. The community development director may require a copy of an approved site plan, drawn to scale, for the property or an "as-built" survey, which accurately represents existing exits conditions on the site, including entrances and exists , and bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs; c. An accurate floor plan of any building on the property, when, in the judgment of the community development director, such a plan is necessary to properly evaluate the activity location of the event and the effectiveness of building entrances and exits. (5) Procedure. The application will be processed as follows: a. The community development director shall review applications for administrative permits and shall determine if the proposal is in compliance with all applicable codes, ordinances, outdoorevents, seasonal or and the specific standards for temporary promotional and sidewalk sales activities as set forth in this section. The application shall also be reviewed by the public safety department and/or other appropriate review agencies. b. A written permit shall be issued to the applicant. Specific conditions to assure compliance with applicable codes, ordinances, and the standards in this section shall be attached to the permit. c. Determination of noncompliance with applicable codes, ordinances, and the standards in this subsection shall be communicated to the applicant and the application for the permit shall be considered denied; unless, within ten days of the date of such notice, the applicant submits revised plans and/or information with which the planning director is able to determine compliance. (6) Criteria for approval. Criteria for permit approval includes the following: temporary outdoor , seasonalsidewalk activity a. The event or sales shall be clearly accessory to or promotive of the permitted or conditional use approved for the site. Only merchandise which is normally sold or stocked by the occupant(s) on the subject premises shall be sold and/or promoted, provided that seasonal merchandise and produce may be allowed. (retail only where retail is permitted) 3 b. Tents, stands, and other similar temporary structures and temporary vehicles and mobile equipment may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the community development director that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. c. The submitted plan shall clearly demonstrate that adequate off-street parking for the activity activity proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the planning activity director, who shall consider the nature of the event and the applicable parking requirements of the City Code. Consideration shall be given to the parking needs and requirements of other occupants in the case of multitenant buildings. outdoor d. Property owners and tenants signature(s) are required to locate a temporary event, seasonalsidewalk activity or sales event on private property and/or in front of another tenant's space. outdoor event, seasonal or sidewalk activity e. The temporary sales event must be consistent with other uses permitted in the zoning district. No use that is prohibited in a zoning district shall be allowed as a temporary outdoor sale or activity. (7) Limitations; general conditions. outdoor activities a. Permitted temporary sales events are limited to the following: i. Christmas tree sales. ii. Seasonal produce stands. iii. Temporary food and beverage sales. iv. Sidewalk sales. event, seasonal or sidewalk b. The following shall apply to all proposed temporary outdoor sales activities allowed by this section in addition to other applicable building and safety code requirements as determined by the planning director. i. Christmas tree sales and produce stands shall be for the period specified in the 120 administrative permit and, in no case, shall exceed 60 days per calendar year per property or center. There shall be no more than three sales activities per year per property or center. outdoor events and ii. Temporary food and beverage sales prepared on-site and sidewalk sales shall be permitted for the period specified in the administrative permit and, in no case, shall exceed 15 days per calendar year per property or center with a maximum of a three-day display period. iii. Christmas tree sales shall expire December 26. 4 iv. The site shall be cleared and all remaining debris removed from the sales site on the last remaining day of the permit. v. Acceptable space for off-street parking and traffic circulation generated by the use must be provided. Curb and gutter with drive approaches is desired to provide safe turn movements. vi. Lighting shall be compatible with surrounding adjacent uses. vii. Hours of operation shall be compatible with adjacent uses. viii. Signage should be limited to window signs, and one outdoor sign no greater than 24 square feet. Special signage for purposes of traffic direction and control may be authorized by the planning director. ix. Front yard, side yard, and rear yard setbacks shall be a minimum of ten feet. s x. All other pertinent city and state permit must be obtained. xi. The approved permit shall be kept on the premises for the duration of the event activity . xii. No outside speaker systems shall be allowed without approval from the city council. c. The following shall apply to all proposed temporary outdoor display activities allowed by this section in addition to other applicable building and safety code requirements as determined by the planning director: i. Display may not interfere with pedestrian access. ii. Display may not occupy required parking spaces. iii. Display must be located adjacent to primary structure. iv. Display may not have separate lighting from primary structure. v. Maximum display height shall be five to six feet. vi. Erection of display is permitted during business hours only. (8) Administration and enforcement. a. The community development director may, upon written notice, suspend or revoke the outdoor event, seasonal, or sidewalk temporary sales permit of any person who violates any of the provisions of this section or any of the conditions of the permit. 5 b. If, at any time, a permit under the provisions of this section is suspended or revoked, it shall thereafter be unlawful for that person or organization to operate, open, maintain, outdoor event, seasonal, or sidewalk manage or conduct any temporary sales. c. Violation of an issued permit or the provisions of this section may be grounds for denial of future permit applications during a calendar year. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 2010, by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) g:\plan\city code\2010\temporary sales\ordinance.doc 6 CITY OF CHANAASSEN 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: 952227.1400 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 wwadchanhassennn.us 0 0 MEMORANDUM TO: Planning Commission FROM: Sharmeen Al -Jaff, Senior Planner DATE: September 21, 2010 OV. SUBJ: City Code Amendment to Chapter 20, Zoning Temporary Outdoor Sales 2 PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the amendment to Chapter 20 of the Chanhassen City Code pertaining to Temporary Outdoor Sales." BACKGROUND: On August 17, 2010, staff presented an issue paper addressing temporary outdoor events, seasonal and sidewalk sales activities. i Section 20 -312 of the Chanhassen City Code regulates temporary outdoor sales. There are three types of outdoor activities that take place in the city on temporary basis: • Events (customer appreciation, employee appreciation, private events such as concerts, car shows, etc.) • Seasonal (produce stand, garden center, Christmas tree sale, fireworks, etc.); • Sidewalk sales (any business may utilize the outdoor space for a temporary sales e subject to ordinance). This section of the city code is currently listed under conditional use permit standards. Staff is proposing to relocate it under General Supplemental Regulations as these are permitted uses with specific standards. ANALYSIS There are criteria regulating seasonal and 'temporary sidewalk sales but no specific language addressing events. In the past, staff has addressed these requests under the temporary /sidewalk sales criteria; however, these events should be addressed specifically. Areas of concern involve traffic circulation, parking, duration, noise and frequency. Staff is proposing to clarify the language of the ordinance to differentiate between the different activities and to include events as a permitted activity. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow SCANNED Planning Commission September 21, 2010 Page 2 Also, an issue pertaining to seasonal sales is the duration limitation contained in the current city code which limits seasonal sales to 60 days per center. Produce stands alone can sell their harvested items over a period longer than 60 days. This does not leave any time for additional seasonal sales such as Christmas trees. This is not an equitable situation for businesses or centers. This can be remedied by extending the timeframe to 120 days. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the attached city code amendment to Chapter 20 regulating temporary outdoor events, seasonal, and sidewalk sales activities. ATTACHMENTS 1. Ordinance Amendment to Chapter 20, Zoning. g: \plan \city code\2010 \temporary sale$ \temp sales cover memo.doc 0 • 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. Section 20 -312 is hereby repealed and renumbered as follows: Sec. 20 O 9 . — Temporary outdoor sales - itie T s' p (1) Purpose. Temporary outdoor � ,� . sales activities are subject to issuance of an administrative permit and the requirements of this section. It is the intent of this section to provide for temporary outdoor events, � rt© and s Ie mg sales which are distinguished from permanent outside business activities that are allowed only by conditional use permit or interim use permit approved by the city council. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating temporary outdoor sales activities in the following manner: a. Establish standards which permit businesses an opportunity to conduct temporary outdoor sales; Ensure that temporary R _�es n µ >t „„ sales 04*W do not create safety hazards by occupying required parking spaces, emergency access, or impede the efficient movement of pedestrian and vehicular traffic; b. Provide C. d. e. f. Provide a means i Allow certain use assure compatibil Provide the public Allow temporary outdoor location; and procedures for an administrative review of temporary sales permits; allowing citywide retail promotions; which are seasonal in nature, while providing standards that will y with the underlying zoning district and adjacent property; with direct access to homegrown produce; sales which require an g. Limit temporary �� � sales to activities which are short-term or seasonal and which do not require permanent improvements to the site. • • (2) Findings. The city finds it necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the location, size, and appearance of temporary � o nd 5 sales a y4,, be controlled. Further, the city finds that: a. Outdoor sales and displays have a direct impact on and a relationship to the image of the community; b. An opportunity for merchants to sell produce and seasonal merchandise are an integral component of economic development; e . � ''M > C. Temporary outdoor �n * sales may present an obstacle to effective firefighting and other emergency services by blocking necessary exits, fire lanes, or turnaround areas; d. Uncontrolled and unlimited outdoor sales and displays adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth; and e. Uncontrolled temporary „oarY a �` sales ai e -. ��- may conflict with existing and neighboring uses. (3) Application for p , nnit. No person shall engage in any temporary outdoor R W sales activit without a permit issued pursuant to this section. The application of a permit shall be made as follows: a. Application fora administrative permit for a temporary outdoor „ +� ((}} sales activity shall be made by the property owner to the community devel pment director on forms to be provided by the city at least ten business days prior to the date of the requested b. A written descripi ion of the proposed use including requested length of permit and hours of operation shall be included on the application. C. Disputes as to administrative application of the requirements of this section shall be referred to the planning commission and to the city council for review. d. The application s all be accompanied by a nonrefundable fee which shall be imposed in accordance with t e fee schedule established by the city council. The intent of this section is to reco er costs associated with administering this ordinance. Permit fees shall reflect the costs or reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. 2 0 0 (4) Required information and plans. The applicant shall provide the following information and plans: a. A concise statement describing the proposed`ca, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on -site security, provisions for on -site parking, name of person or organization requesting permit, and other pertinent information required by the planning director to fully evaluate the application; b. The community development director may require a copy of an approved site plan, drawn to scale, for the property or an "as- built" survey, which accurately represents existing conditions on the site, including entrances and , and bona fide parking and driving areas, and which accurately indicates any proposed temporary structures, including tents, stands, and signs; C. An accurate floor plan of any building on the property, when, in the judgment of the community development director, such a plan is necessary to properly evaluate the location of the ' WN and the effectiveness of building entrances and exits. (5) Procedure. The application will be processed as follows: a. The community development director shall review applications for administrative permits and shall determine if the proposal is in compliance with all applicable codes, ordinances, and the specific standards for temporary u I±e a�© ;,, f, sales activities as set forth in this section. The application shall also be reviewed by the public safety department and/or other appropriate review agencies. b. A written permit shall be issued to the applicant. Specific conditions to assure compliance with applicable codes, ordinances, and the standards in this section shall be attached to the permit. j C. Determination of noncompliance with applicable ' codes, ordinances, and the standards in this subsection shall be communicated to the applicant and the application for the permit shall be considered denied; unless, within ten days of the date of such notice, the applicant submits revised plans and/or information with which the planning director is able to determine ,compliance. (6) Criteria for approval. Criteria for permit approval includes the following: a. The ' event, or �� sales shall be clearly accessory to or pr motive of the permitted or conditional use approved for the site. Only merchandise which is normally sold or stocked by the occupant(s) on the subject premises shall be sold and/or promoted, provided that seasonal merchandise and produce may be allowed. ( only where retail is permitted) b. Tents, stands, and other similar temporary structures and temporary vehicles and mobile equipment may be utilized, provided they are clearly identified on the submitted plan and provided that it is determined by the community development director that they will not 3 0 0 impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. The submitted plan shall clearly demonstrate that adequate off - street parking for the proposed R� can and will be provided for the duration of the w Determination of compliance with this requirement shall be made by the planning director, who shall consider the nature of the " and the applicable parking requirements of the City Code. Consideration shall be given to the parking needs and requirements of other occupants in the case of multitenant buildings. d. Property owners and tenants signature(s) are required to locate a temporary. ` - o.� e e s s s sales 8c>�x on private property and/or in front of another tenant's space. The temporary 6 , sales must be consistent with other uses permitted in the zoning, district. No use that is prohibited in a zoning district shall be allowed as a temporary outdoor sale or activity. (7) Limitations; general conditions. ` `' ' are limited to the following: a. Permitted temporary sales��� g: i. Christmas tree sales. ii. Seasonal produce stands. iii. Temporary, food and beverage sales. iv. Sidewalk b. The following shall apply to all proposed temporary outdoor v nal ox�e1 sales activities allowed by this section in addition to other applicable building and safety code requirements, as determined by the planning director. i i. Christmas �ree sales and produce stands shall be for the enod specified in the administrative permit and, in no case, shall exceed �� days per calendar year per property or center. There shall be no m ore than three sales activities per year per property or center. ii. Temporar sidewalk permit an( center wit iii. Christmas iv. The site sl the last rej a ' �, °k` "eve food and beverage sales prepared on -site and les shall be permitted for the period specified in the administrative in no case, shall exceed 15 days per calendar year per property or a maximum of a three -day display period. .ee sales shall expire December 26. be cleared and all remaining debris removed from the sales site on ining day of the permit. 0 V. Acceptable space for off - street parking and traffic circulation generated by the use must be provided. Curb and gutter with drive approaches is desired to provide safe turn movements. vi. Lighting shall be compatible with surrounding adjacent uses. vii. Hours of operation shall be compatible with adjacent uses. viii. Signage should be limited to window signs, and one outdoor sign no greater than 24 square feet. Special signage for purposes of traffic direction and control may be authorized by the planning director. ix. Front yard, side yard, and rear yard setbacks shall be a minimum of ten feet. X. All other pertinent city and state permitO must be obtained. xi. The approved permit shall be kept on the premises for the duration of the � . Rg � x xii. No outside, speaker systems shall be allowed without approval from the city council. C. The following shall apply to all proposed temporary outdoor display activities allowed by this section in addition to other applicable building and safety code requirements as determined by the planning director: i. Display may not interfere with pedestrian access. ii. Display may not occupy required parking spaces. iii. Display must be located adjacent to primary structure. iv. Display may not have separate lighting from primary structure. V. Maximum display height shall be five ' _ feet. vi. Erection of display is permitted during business hours only. (8) Administration and enforcement. a. The community development director may, upon written notice, suspend or revoke the temporary Qu tt�,, 5 .._ w"I sales permit of any person who violates any of the provisions of this section or any of the conditions of the permit. b. If, at any time, a permit under the provisions of this section is suspended or revoked, it shall thereafter be unlawful for that erson or organization to operate, open, maintain, manage or conduci any temporaryt�r 5 C. Violation of an issued permit or the provisions of this section may be grounds for denial of future permit applications during a calendar year. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 2010 by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) gAplan \city code\2010 \temporary sales \ordinance.doc m