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1g. Zoning Ordinance to clarify Zoning Administrator as Planning Director , . i CITYOF to,, ,, 1 4 ti r CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN,MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 " by Grey : • I MEMORANDUM "`_. - _ Deft._ _ (v-S-9i . TO: Don Ashworth, City Manager '' ` ` IIFROM: Paul Krauss, Planning Director El"', 6-io-y, DATE: June 4, 1991 ISUBJ: Second and Final Reading - Zoning Ordinance Amendment Designating Zoning Administrator as the Planning Director 1 On May 5, 1991, the City Council approved first reading of this amendment clarifying in the City Code the zoning administrator as 1 the planning director. RECOMMENDATION 1 Staff recommends the City Council approve second_ and final reading of the attached ordinance. 1 ATTACHMENTS Il. Ordinance amendment. 2 . City Council minutes dated May 6, 1991. 3 . Staff report dated May 1, 1991. I I I I I I I I , 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE ' CHANHASSEN CITY CODE, THE ZONING ORDINANCE, CONCERNING THE DESIGNATION OF THE ZONING ADMINISTRATOR The City Council of the City of Chanhassen ordains: Section 1. The definition of "Zoning Administrator" in Section 20-1 of the Chanhassen City Code is amended to read: Zoning Administrator means planning director. Section 2 . This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this day of , 1990. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor (Published in theChanhassen Villager on , 19 . ) 1 1 I 11 /02/90 1 City Council Meeting - May 6, 1991 I/ Councilman Workman: On the letters? Mi Mayor Chmiel: If they go to the 10, that's fine. The problem is just as long as it doesn't exceed it . Bob Copeland: That's not that critical. The 10 or the 12 is not the critical , decision. Councilwoman Dimler: Okay. So we'll leave it as the Mayor made it then and , then you can go with 10 if you want . Mayor Chmiel: Okay. Is there a second? I Councilman Mason: Second. Councilwoman Dimler moved, Councilman Mason seconded to approve Site Plan Amendment #88-17 to amend the signage plan for Chanhassen Medical Arts/Ridgeview Medical Arts building subject to the following conditions: 1. There will be a maximum of 3 signs in Area C. 2. The maximum sign height will not exceed 36 inches with no individual letters higher than 12 inches. 3. Sign covenants shall be revised to prohibit temporary signage, either wall mounted or ground mounted excepting temporary lease signs for which criteria will be established by staff. 4. Sign covenants shall be revised to include a statement that all signage must be approved and permitted by staff. 5. Traffic signs allowed in accordance with City Codes. 6. The sign covenants shall be drafted in a recordable format and recorded against the title of the parcel in question, with the city involved in the chain-of-title. All voted in favor and the motion carried unanimously. ZONING ORDINANCE AMENDMENT TO CLARIFY ZONING ADMINISTRATOR AS PLANNING DIRECTOR, I FIRST AND SECOND READING. Mayor Chmiel: This does not take very much. I would make a motion that we move , that the Zoning Administrator be changed to Planning Director. Councilwoman Dimler: I so move. I Councilman Mason: Second. Councilwoman Dimler moved, Councilman Mason seconded to approve the first ' reading of an amendment to Section 20-1, Definitions, to state that the Zoning Administrator means Planning Director. All voted in favor and the motion carried unanimously. 40 I ;/ 7,_ , CITYOF I if 1 101. 4 cHANHAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 VR` IMEMORANDUM F^ • TO: Don Ashworth, City Manager -.5 -/4/ UFROM: Paul Krauss, Planning Director 6 ,-/ --____ , DATE: May 1, 1991 II SUBJ: ____ Zoning Ordinance Amendments Pertaining to the Title of Zoning Administrator I PROPOSAL/SUMMARY IIZoning code enforcement is generally a fairly mundane, but important, component of the planning process. The code enforcement mechanism allows the city to ensure that ordinances are being II complied with over long periods of time. It also provides a measure of control over properties that are not requesting any particular development approvals from the city. Code compliance I items stemming from the zoning code cover a very large variety of issues. These could include structures that are illegally placed on the property, businesses operating out of homes, illegal signs, II illegal filling of wetlands or grading that causes unacceptable disturbances and a variety of other issues. Due to the high rate at which Chanhassen has been developing and II lack of available staff time, the Planning Department's primary focus has been on day to day short and long range planning issues, with the result that code compliance concerns have often taken a I back burner. Approximately 3 years ago, most of the code compliance functions became the responsibility of the Public Safety Department. This responsibility meshed reasonably well with other non-zoning code compliance issues in which they are involved which I includes such matters as animal control, nuisance violations and building code violations. Public Safety has been able to develop a sophisticated administrative procedure for handling complains. II The process has worked well but with the combination of the Code Enforcement Officer and the Public Safety Director position, their- staff is being stretched to handle the responsibilities. Over time it has become evident that a strong Planning Department role in zoning code enforcement is essential. What we have found IIis that Planning Staff is involved in these cases on an ongoing 1 I/ ZOA Regarding Zoning Administrator April 11, 1991 Page 2 basis in any event. This is necessarily the case since it is the - I Planning Staff that is most familiar with the zoning ordinances and since we are normally involved in responding to these issues as they develop. Our response normally includes visiting the site, conducting a code compliance review, contacting the property owners to request compliance, responding to complaints received by other neighbors, documenting problems and, failing to obtain voluntary compliance, pursuing the matter with legal action as appropriate. Under the current organizational setup, the handling of some cases became confused and resulted in additional time and a lack of coordination due to that fact that responsibility for the matter bounced back and forth between the Planning Department and Public Safety Staff. Finally, on the smaller percentage of cases that are litigated or are issued citations, under the current organizational setup, only the Public Safety Director, Community Service Officers and Zoning Administrator are authorized to act. The ordinance currently designates the City Manager as the Zoning Administrator. Due to his other responsibilities he cannot devote the required time to these matters. Recognizing this problem and seeking to respond to it, I held 1 several meetings with Scott Harr, the Public Safety Director, to work out the most efficient method of responding to these issues. What we agreed upon is that the Planning Department Staff will be responsible for all complaints and violations pertaining to the zoning ordinance and the grading ordinance. Public Safety Staff will be responsible for all other complaints and violations. Both departments will be working together to develop a common computerized data base and follow through program so that our efforts to pursue these matters will be coordinated. I have 11 attached a copy of an article from the Zoning News which relates to the issues and procedures pertaining to zoning code enforcement. The article is fairly well developed and illustrates appropriate follow up methodologies which we will be incorporating into our process. Copies of materials developed by Public Safety are attached. These will continue to be utilized as appropriate. PLANNING COMMISSION ACTION 1 On April 17, 1991, the Planning Commission unanimously recommended approval of the ordinance amendment. STAFF RECOMMENDATION Staff is recommending that the City Council approve first reading of an amendment to Section 20-1, Definitions, to state that the Zoning Administrator means Planning Director. ' I 11 ZOA Regarding Zoning Administrator April 11, 1991 page 3 ' ATTACHMENTS 1. Ordinance amendment. ' 2 . Article regarding zoning enforcement. 3 . Public Safety materials. 4 . Planning Commission minutes dated April 17, 1991. 1 I I 1 I I 1 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 145 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE ZONING ORDINANCE, CONCERNING THE DESIGNATION OF THE ZONING ADMINISTRATOR The City Council of the City of Chanhassen ordains: Section 1. The definition of "Zoning Administrator" in I Section 20-1 of the Chanhassen City Code is amended to read: Zoning Administrator means Planning Director or Designee. , Section 2. This ordinance shall be in full force and effect from and after its publication according to law. ' Passed and adopted by the City Council this day , 19.91. , ATTEST: I Don Ashworth, City Manager Donald J. Chmiel, Mayor ' (Published in the Chanhassen Villager on ) . I i 1 1 � J DECEMBER 1990 'AA; . AMERICAN _ PLANNING A II , ::. _ ,, ASSOCIATION i I Making Zoning Enforcement Effective a A IFor many zoning administrators, illegal conversions are a / �,' nightmare. By the time they are discovered,property owners ' 4 , ,3 : 3 have invested considerable money,and they often refuse to 4� i I undo them voluntarily,forcing the city to take them to court. 1 j r As the proceedings drag on,the inspection staff spends * t - ei: s • valuable time documenting each case. Meanwhile,the , 1 r4.( f • I offenders may apply political pressure for rezoning to '� `s, �i l • • '` legitimize the infraction. 1 ,{ 4/1 f't ,�•.� 1 � `s Can enforcement be made easier?Prevention is one cure. °' a I x!,'11 a 1]! ]t �'' Connie B. Cooper, former planning director of Shelby f -i 0. ! ` 6; County,Alabama,and now a consultant in Birmingham,notes +"' 1•! • �a_II that her staff reviewed all building permit applications before ' 0 1 1 • � ,1 the building department issued permits. She points out that h ,lI• i i, • ,. ! 1,•, conversions often require electrical or structural permits. 'r—� 1! 1 ;" '# 1 I Reviewing the applications for such permits allows zoning �I Z ' ,f I'•! - , `E, inspectors to identify illegal conversions before work begins. t t( t�. 11 But illegal conversions occur anyway. Douglas Crandall, 33 .-.1.1!---01 I i •i `�." 1 zoning administrator for Albuquerque,New Mexico,notes ? i 11=! $_ , that properly trained building inspectors can spot some .��MP � ,1��_ �� � �,�� obvious clues, such as newly installed utility meters or r,� £+''I+• ., additional names on mailboxes. Crandall's department trains �`" ' ����,• , ; 4=�s., new building inspectors(who are in another department)in a e•t . '.` ' ' i., "mini boot camp,"a training session where they learn to s� ! ' :` !i t� � f identify these telltale signs so they can inform zoning r; (!!s ,_ s� s"' inspectors of possible violations. _ ?-: ,„J ` 1 4, ` I The nature of illegal conversions will vary,depending on the ,` ' .�_ community. Shelby County,a rapidly growing area just south ._t of Birmingham, had until recently been largely rural. Most i .-r ?� I illegal conversions,Cooper says,involved home occupations .� s ' not permitted in residential areas. In Albuquerque,a growing western city,conversions often involve homeowners seeking Not all zoning enforcement cases are as dramatic as the fight over 108 rental income to relieve financial stress. But in Iowa City, E. 96th St. in Manhattan (center).New York City officials say the 1 according to building and zoning director Douglas Boothroy, building was illegally built 12 stories taller than the site's zoning =' = homeowners converting illegally are usually seeking to profit would allow. from a tight student housing market at the University of Iowa. °- Eric Damian Kelly,dean of Iowa State University's College of zoning inspectors,with the same status as entry-level planners I Design,notes that resort communities often face similar and the opportunity to move from zoning administration to the problems when housing becomes unaffordable for resort planning department.The result,Crandall says,is a planning . ;. employees. staff that is"tuned in”to the realities of enforcing the a.. l Several years ago,Iowa City succeeded in streamlining conditions required in,for example,new subdivisions.At the urt procedures for enforcement actions. Boothroy drafted a same time,according to Crandall,the planner-inspectors are ll,which the legislature enacted in 1986,to decriminalize also more knowledgeable about zoning than people whose - 0' zoning violations and give trial courts power to order prior experience is limited to building inspections. I abatement by the owner. (See the October 1986 Zoning News.) Kelly,however,emphasizes the interaction between Boothroy says that enforcement actions that used to take more planners and the inspection staff. He suggests that planners ; involved in a particular development check and approve those than a year now are completed within four months. P p pp - elements on a site plan that are not on the building inspector's I The Right Stuff normal checklist,but"would not have a planner doing Ultimately,zoning enforcement depends on a good inspection inspections full time."He adds that inspection staff input is staff.What makes a good inspector?Both Crandall and Kelly essential in drafting an enforceable ordinance."If you're going -`=°` g Pe Y g g „,..., I agree that the best zoning inspectors may actually be planners, to rewrite your ordinances,"he says,"include your . though they differ on how to allocate staff time.In enforcement and administrative staff from the beginning." i ` Albuquerque,Crandall seeks to hire trained planners as Albuquerque has eight full-time zoning inspectors covering = I _ _ a city of 500,000 people and 160 squa..,miles. Smaller "the system will in .-elate all types of applications."Boothroy communities,note Boothroy and Cooper,inevitably have prefers computer files because"in paper format,if a file is out, Y Pe Y smaller staffs and less flexibility in allocating resources. it's more difficult to answer questions."He adds that,when Boothroy's department handles both building and zoning files are closed out,they are microfilmed, with a log sheet on inspections,and his building inspectors are his"eyes and ears" the cover,detailing the parcel's permit history,plus all for zoning violations. They get"very basic"training in inspections and telephone calls.The log sheet saves time,he identifying such violations as illegal parking areas and notes,because inspectors do not have to"dig through all the overoccupancy. Iowa City has one full-time zoning inspector. paper." I Boothroy says he does not want"to send two or three people to ° the same property.That creates a lot of confusion,and lets a Is Your Staff Adequate? violator play off one inspector against another."Boothroy adds The problem of staffing is a double-edged sword.It is not only that"we need to elevate the standards for employment. The important to have enough well-trained people to handle the inspector must understand the planning perspective." work load in your community,but it is also important,as Cooper says her resources were even more constrained, Kelly notes,to include these people in discussions about any . with a planning staff of five in a county of 80,000 people.As a new regulatory responsibilities they are expected to undertake. result,the planner who reviewed a project was also The complexity of the regulations matters at least as much as responsible for follow-up inspections. the size of the community and the number of parcels invoked. Most important,all these people agree, is that inspectors Crandall suggests that inspectors should devote about 20 have good people skills.Boothroy looks for a positive attitude percent of their time to proactive enforcement.His staff I that will allow an inspector to handle people effectively and accomplishes this by choosing a different topic for minimize citizens'irritation and confrontations with city hall. enforcement each month.In that way,Crandall adds,"you • Zoning administrators seem to agree that signs and historic show consistency of enforcement."If the target of proactive I - preservation districts pose special problems for enforcement, inspections is signs,everyone's signs are being checked. though historic districts often tend to be self-policing because Crandall's staff includes three people devoted to geographic residents have a strong property interest in their neighbors' areas,one sign specialist,and others concentrating on compliance.Boothroy notes that Iowa City has a separate residential or business zoning or junk cars.Two are I historic preservation commission that handles those issues. troubleshooters.To avoid the tedium that goes with Crandall says that Albuquerque assigns one of its zoning overspecialization,and to keep all the inspectors familiar with inspectors specifically to signs.Kelly's advice on sign all facets of the department,the responsibilities are rotated. regulations:Keep them short and simple. The more complex To get adequate staffing,Cooper says,'"you must build a I the regulations become,the less chance there is that they will constituency."Cooper,who was fired this spring in a Shelby be effectively enforced—or understood—by the inspectors. County political squabble,notes that local developers and real estate agents protested her firing because"what they really But Where Are the Records? wanted was a level playing field,and we had consulted them in As important as the quality of personnel is the efficiency of the drafting our regulations."The best way to get the support you record-keeping system. Kelly prescribes a parcel-based filing need,Cooper says,is to explain to the planning commission, system,whether computerized or on paper,as the only elected officials,and the development community"why you do effective means to track all conditions that apply to a particular what you do. Don't assume that they already know." J.S. property.The goal is to keep the various conditions and restrictions that apply to the parcel from falling between the enforcement cracks. Every file should contain all the ' ' I information an inspector needs to know about the property Impact Fees on the Rise involved. Everything must be assigned to someone for enforcement,and those tasks must be integrated into an overall A survey by the Growth Management Studies center at the administrative system,such as the cross-checking of permits University of Florida found that the use of impact fees is , used in Shelby County. spreading and that the amount charged is also rising.The study Of course,in any large community,when constructing such documented impact fees in 1988 and 1990 in 33 jurisdictions a system from scratch, it is nearly impossible to include all across the country. (See Tables 1 and 2.) records immediately.However,every new transaction(for According to the study,the average impact fee for residential example,sale of property,building permit,or rezoning)offers uses has increased by 39 percent since 1988.The average fee an opportunity to add a parcel's complete records to a system. for each single-family home is now$3,001.The fees help cover Albuquerque,Crandall notes,"originally had very poor files." the costs of roads,parks,public facilities,police,fire, In a variation of Kelly's recommendation,his department uses libraries,and schools. Impact fees for water and sewer I a system based on addresses rather than parcel numbers.But facilities pushed this amount up to$5,729.The average fee for water was$1,261 and for sewers was$1,467. the files contain"everything"and are organized by type of permit,such as business licenses,sign permits,and building Increases in fees for other uses were equally significant. I - - permits.Inspectors are required to consult those files to see Industrial development fees experienced an 80 percent what previous action was taken on the parcel.This helps them increase,meaning that the average fee is$968 for each 1,000 determine what type of enforcement is most appropriate. square feet in a facility.The average office development impact Albuquerque is still working with paper files,though fee per 1,000 square feet of floor area went up 50 percent to I Crandall says that computerization would help by making it $2,165, far outstripping fee increases for retail development, easier to purge old records. Iowa City is further along, which rose only 17 percent to$3,321.But retail uses have according to Boothroy. Some computerization is already in historically been hit with higher fees than any other use, . place,and the rest is to be completed within six months.The especially for road improvements and construction. For that I files will also include inspectors'notes from site visits,and reason,the comparably low increase could simply mean that . I the burden is being spread more evenly...uring the same facilities suffered ave e losses of 11 percent for single-family J period, however, retail prices increased by approximately 10 homes and 11 percent for retail.There was also a decline of percent. Thus, impact fees are increasing at a rate far in excess seven percent in impact fees assessed retail uses for police of consumer prices. Water and sewer impact fees for these protection.It is interesting to note that retail impact fees I three categories of uses were also surveyed,but, because of a declined for both of these services. tremendous variation in the fees charged,no generalizations The highest impact fees are found in California,specifically F.. could be made about overall changes. in Orange County,California,where road impact fees alone Looking at some of the fees in detail, fire protection seems to are frequently over$5,000 for a single-family home. Other I have benefited the most. Fees covering those services saw southern California communities levy impact fees in excess of average increases of 78 percent for single-family homes, 162 $15,000 per single-family home. S.L. percent for industry, 198 percent for offices,and 217 percent for retail uses.The local park systems received a boost with I single-family homes experiencing a 136 percent increase in the average park impact fee. Cracking Down on • The average road impact fee showed a substantial increase of Drug Houses I 53 percent for single-family homes. Industrial development experienced the greatest increase in road impact fees—87 Traditionally,nuisance laws have been used to rid a percent. Road impact fees for office and retail development neighborhood of noisy and polluting industries or of . rose 49 percent and 14 percent,respectively.The relatively low agribusinesses that produce a sweet,swinish air.Today, increase in road impact fees for retail projects contributed however,police,planners,and community activists are using significantly to the overall low increase for retail development nuisance laws to attack a different kind of obnoxious business: impact fees. drug traffic. While these services benefited from increases in fees,public Two years ago,the Denver city council passed an ordinance declaring drug houses public nuisances. Since then,whenever the police make a drug arrest at a home,they pass on this 'Fable 1.1988 National Averages for Impact Fees,by Type information to the zoning department.Zoning officials,in General General General turn,cite the building owner for permitting a public nuisance. Single-Family Industry, Office, Retail, This encourages owners to boot offending tenants onto the Home Per Per Per street. - Type of Impact Fee Per Unit 1,000 sq.ft. 1,000 sq.ft. 1000 sq.ft. Critics correctly point out that this tactic only interrupts I Road $1,009 $427 $1,230 $2,526 drug trade temporarily,until the dealer can set up shop elsewhere. However,Denver zoning officer Kent Strapko Parks 223 no fee no fee no fee notes that the ordinance prevents dealers out on bail from Public Facilities 107 33 82 130 doing business until the court date because they need to spend I Police Protection 51 49 A 111 the time packing and hunting for an apartment. It is becoming so inconvenient to sell drugs in Denver that some dealers are Fire Protection 76 29 50 70 leaving town. There are other criticisms.Representatives from the Library 90 no fee no fee no fee P American Civil Liberties Union say that using the nuisance Schools 606 no fee no fee fee law punishes people without due process. There are fewer TOTAL $2,162 $537 $1,441 $2,837 constitutional protections in civil cases than in criminal cases. I Source•James C. Nicholas with Kellie Ruscher, 'Impact Fees on the Rise,"Growth If building owners want a hearing after being ordered to evict a Management Studies Ne.s1etter,June 1990,t. tenant,they must take the case to court.An evicted tenant may request a hearing as part of the eviction process. Denver has one of the country's more agressive anti-crack house nuisance programs,but other communities are Table 2.1990 National Averages for Impact Fees,by Type following suit. In Cook County,Illinois,for instance,a pilot General General General program,the Narcotics Nuisance Abatement Unit,was Single-Family Industry, Office, Retail, successfully used to shut down drug houses in two Chicago I Home Per Per Per police districts. Now the program is being expanded to include Type of Impact Fee Per Unit 1;000 sq.ft. 1,000 sq.lt. 1,000 sq.ft. the rest of the city and some Chicago suburbs. Road $1,547 $800 $1,840 $2,881 In Chicago,the information that a house might be a nuisance does not come from the police.The state's attorney's office Parks 526 no fee no fee no fee operates a telephone line to accept complaints that a building is Public Facilities 95 37 87 115 I S being used to sell drugs.Calls come from neighborhood Police Protection 53 55 89 103 organizations and individuals tired of illegal activity on their street. _ - Fire Protection 135 76 149 222 The Nuisance Abatement Unit's primary aim is to get Library 86 no fee no fee no fee Chicago-area building owners to evict problem tenants Schools 559 no fee no fee no fee voluntarily.If they do not,or if they have participated in the drug dealing,the state's attorney's office will bring criminal or • TOTAL $3001 $968 $2,165 $3,321 civil charges against the owner. Uncooperative landlords not only run the risk of going to jail or paying fines,but their _ Source•James C.Nicholas with Kellie Ruscher,"Impact Fees on the Rise:.Growth buildings can also go into receivership.In these cases,it is Management Studies Ne sletter,June 1990,2. unclear whether the courts will simply board up the buildings 3 I - ._ 1/4_ . z. or rent them to new tenants and use the profits for antidrug programs. 1990 Zoning News Index Pursued correctly,the untraditional use of an old law could Administration - prove to be an effective tool in the struggle to rid Criteria for Rezonings March - neighborhoods of drug activity.But zoning administrators and NYC Sets Ratio for Fair Distribution of LULUs October other government officials need to be careful. In Macon, Adult Uses -;:: Georgia,a U.S.district judge ruled that authorities had been Supreme Court Strikes Down Licensing of Adult Uses February overzealous when they evicted a woman from a public housing Enforcement I project at the same time she was being arrested for selling Cracking Down on Drug Houses December cocaine. Even though the due process requirements are looser Making Zoning Enforcement Effective December - in civil actions than in criminal cases,tenants must still be Environmental Protection given the opportunity to defend themselves against an unfair Court Upholds Big Penalty in Wetlands Case March I A Good Tree Preservation Ordinance May eviction. C.K. Improving City Street-Tree Codes May Using Land-Use Measures to Promote Recycling November Ethics ' Rezoning in the Sunshine(Lee County,Fla.,disclosure law) September ▪ Ma be The Weren't Exclusionary Zoning • Convinced After All A Looming Mount Laurel in New York? June Federal Programs , In the July 1990 issue,the lead story,"Fireworks, A Directory of Selected Federal Land-Use Programs June -- Farmstands,and Concerts-Summer's Here,"indicated that First Amendment _ sound experts testifying at hearings concerning the new World Bakkers'TV Studio/Church Challenged August • Music Theatre in Tinley Park,Illinois,"were successful in Floodplain Regulations 111 convincing the neighboring communities that the noise would FEMA Announces New Rating System for NFIP Communities April be minimal."Janet R. Muchnik,sit er of nei hborin Hugo Makes Changes to South Carolinas Tough Beach ' y mana g g g Management law August . Country Club Hills,good-naturedly begs to disagree. She tells Growth Management ' • ;- us:"We are located over three miles from the theater, A forest New Orleans Clamps Down on Zoning Freezes January `-, preserve buffers it. During many of the concerts,it is possible Fairfax County Votes to Slow Growth February ;`' to stand in the yard of many homes in Country Club Hills and Slow-Growth Measures Still Popular on California Ballots March t record the concert on a cheap,little,hand-held tape recorder. Hearings , Y• ou can hear the words to the songs. You can hear the Zoning Hearings-Ready for Prime Time? January _y°: announcements Historic Preservation ti_ No one,Muchnik says,"ever tried to convince us.The stage Sun Sets on Blue Moon May - faces us" Housing k- Chica o Suburb Settles Grou Home Suit Februa rY ', , ' ''k. Fairfax Co.Affordable Housin Ordinance Passed March t5; 8 aT. Downtown D.C.Housing Plans Under Fire June r Group Homes Spacing Requirements Upheld July ' pig Tuning News is a monthly newsletter published by the American Planning Association. SROs:A Poor Stepchild Comes of Age Au ust Subscriptions are available for$32(U.S.)and$38(foreign).Israel Stollman,Executive g • Director;Frank S.So.Deputy Executive Director. Home Suite Home(Aspen mansions) October Houston Tuning News is produced at APA.Jim Schwab,Editor;David Bergman,Fay Dolnick, • Chris Harris,Carolyn Kennedy.Steve Long,Marya Morris,Amy Van Doren.Reporters; zoning in Houston March ' ,13 Paul Thomas.Assistant Editor. Impact Fees 'y Local Im act Fee Use in Illinois Comin on Fast Ma il-.. Copyright©1990 by American Planning Association, 1313 E.60th St.,Chicago,IL P 8 y .= 60637.The American Planning Association has headquarters offices at 1776 Longstanding Rezoning and Fee Dispute Resolved September __ Massachusetts Ave.,N.W,Washington.DC 20036. Impact Fees on the Rise December TAR=--, All rights reserved.No part of this publication may be reproduced or utilized in any Industrial Zoning ' err ' .41 form or by any means,electronic or mechanical,including photocopying,recording,or Zoning and Economic Development:Protection for Industrial by any information storage and retrieval system,without permission in writing from the Districts -; i°3t American Planning Association. September Parks and Recreation Greenbelts,Greenways,and Trails January ^- ' Fireworks,Farmstands,and Concerts—Summer's Here July Parkland and Open Space Dedication October ' Skatin to a Com romise(skateboardin bans) Se tember Residential Zoning } Seattle Scales Back Multifamily Zoning January Supreme Court Decisions , . High Court Overturns Yonkers Fines February "` Rails-to-Trails Law Does Not Constitute a Takin 8 P Aril ' Transportation and Traffic Texas Towns Brace for Airport zoning Battle -February Orange County to Consider Study of Air Base Hazard Zones July Florida Right-of-Way Mapping Ruled Illegal August - Traffic Management for Chicago Suburbs November ' Urban Design _ Flexible Standards for Site Plan Review January - `~ �' Buffering Can Prevent Headaches February L.A.Design Review Panel Nixes High Rise April •,' 4 A- .-_--''''''"" .- but ►lllslIIIMlIIIIVt•e i ■.nrinnt-ID. runi,iu bArhTx COMPLAINT FORM +1 DATE RECEIVED RECEIVED BY REVIEW DATE ILIPLAINANT "AST ( _, 1 FIRST I 1 MIDDLE I 1 DOB STREET NUMBER ( J STREET NAME I APT# IIITY I 7 STATE ( ( ZIP I i PH# HOME milt WORK. I— TYPE OF COMPLAINT Animal Debris Storage Bldg. Code Fire Code Noise lirCriminal Complaint Parking Traffic Nuisance, Misc. Other "CATION OF COMPLAINT — B ri - — FIRST 1 i MIDDLE I i I DOB 1 II NUMBER ( I STREET NAME APT# J IITY I STATE ZIP 1 1 PH# HOME ( I • .I LION TAKEN/COMMENTS ( INCLUDE DATE) II _ II IITION TAKEN: DISPOSITION: 1 . ADVISORY LETTER 9 . REFERRED TO: A. VOLUNTARY COMPLIANCE J2 . CERTIFIED LETTER a . CCSO B. ACTION PENDING CERTIFIED NOTICE b. Eng. Dept . C. NO FURTHER ACTION PHONE CALL c . Utility Dept . D. COURT REFERRAL 5 . IN-PERSON MEETING d . Street Dept . E. OTHER IWARNING TAG e . Other CITATION ISSUED 10 . OTHER 8 . REFERRED/CITY ATTY. (date ) entered into computer 1 • CITY OF G C ANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 Date: NOTICE , To: To the owner, lessee, agent, or occupant of the above described permises: You are hereby notified ftiat at your premises located at ' and used as a the following conditions were found to exist in violation of the Chanhassen City Code: ' YOU ARE HEREBY ORDERED TO HAVE THIS CONDITION(S) CORRECTED BY: ' NOTICE OF COMPLETION SHALL BE MADE IN WRITING TO: Code Enforcement Officer, City of Chanhassen, 690 Coulter Drive, Chanhassen, MN 55317. Failure to ' comply with the foregoing orders may render you liable to penalties of said ordi- nance. In reply, please refer to inspection No. Very truly yours, Scott Harr ' Assistant Public Safety Director/ Code Enforcement Officer cc: Elliot Knetsch, Office of the City Attorney I • CITY OF C HAN 11 A S SEX . 2 ; 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 E. r (612) 937-1900 A WORD ABOUT CODE ENFORCEMENT IN THE CITY OF CHANHASSEN. . . I Nobody likes to be told what to do. . . especially on their own ' property! However, there are instances in which people are not aware of what the law is, or have not had an opportunity to comply with it, and that is when the City gets involved . Our goal is always to obtain voluntary compliance, but we would like to take this opportunity to explain code enforcement in the City of Chanhassen. ' WHAT IS THE "CITY CODE"? A number of laws (ordinances ) passed by the Chanhassen City ' Council, similar to state statutes, but made specifically by and for our City. ' WHAT ISSUES DOES THE CITY CODE DEAL WITH? While state statutes deal with criminal law, etc. , a city code is ' developed to reflect the specific needs of a particular city. Such issues as animal control, noise regulations, noxious weeds, building regulations, zoning regulations, and fire inspections ' are all issues that cities regulate in particular ways to meet their needs . ' WHO ENFORCES THE CITY CODE? The Chanhassen Department of Public Safety is charged with enforcing our City Code, in cooperation with our City Attorney. HOW IS THE CITY CODE ENFORCED? Actually, we do not want to have to enforce it ! Our goal is always to seek voluntary compliance of the code . Once someone is made aware of a violation, more often than not, they are happy to ' remedy it. If enforcement does become necessary, however, we are given tools with which to work . The Chanhassen City Council has made any ' violation of City Code a criminal misdemeanor . As such, a viola- tion could result in a maximum penalty of 90 days in jail and/or a $700 . 00 fine . It would also be possible for the City to seek injunctive relief, which means that a court could order something I to be done, or not be done ( for instance, someone might be ordered to take a fence down that does not comply with city code, or to put a fence back up if it did not belong to the person taking it down. . . ) . Because our goal is to assist everyone in the City of Chanhassen to live comfortably, we do not like to refer cases to court . It is expensive and frustrating for everyone, and so we try our best to help educate people as to what the code is, and what its pur- poses are . HOW DOES THE CITY BECOME AWARE OF VIOLATIONS? While any city or county employee can advise us of code viola- tions, the majority of complaints come from other residents . Such complaints frequently come from neighbors, or people that drive by a particular problem site frequently. CAN I FIND OUT WHO MADE THE COMPLAINT AGAINST ME? No, because the State of Minnesota Data Privacy Law prohibits us from revealing the name of such complainants . WHAT PROCEDURES ARE TAKEN BY THE CITE' WHEN A COMPLAINT IS RECEIVED? Upon receipt of a complaint, we set about verifying it, and I advising the property owner of the situation. Occasionally we will send out a notice without completing an inspection in some of tha more routine situations . By advising people of the code, and the time line during which compliance is required, we hope to establish a workable solution. If at the end of the time set, compliance is not made, or an extension has not been requested, we do have the authority to refer the violation to court . A citation may be issued to the violator, much the same as a traffic ticket, requiring an appearance in County Court. If appropriate, we may also have our City Attorney draft a formal complaint with the court, again requiring the alleged violator to appear in court. "THIS WHOLE THING MAKES ME MAD! " Of course, nobody likes to be told what to do! The uncomfortable I fact is that at times we do need to request that people comply with the city code . Frequently, however, there is just no easy way to say it without ruffling some feathers . Therefore, we try to do our best, while trying to complete our work, too. We understand that people frequently become upset and angry when contacted by the city at first, but eventually recognize the necessity for our actions . We do always appreciate the assistance we receive from people upon being notified! • 1 /I IS THIS A DIFFICULT ACTION FOR THE CITY TO TAKE? YES ! Frequently, people notify the City because they are afraid, ' for whatever reason, to confront a neighbor or violator directly. Most often it is because they know they will be upset ! Soe we frequently have people upset at us, too . Also, what seems a very - upsetting violation to one person, may not be to another . And, ' many complaints are generated out of difficulties that neighbors have in getting along together . All in all, code enforcement can be a most challenging opportunity! ' IS CHANHASSEN DIFFERENT THAN OTHER CITIES? ' Of course, we think it is better ! In addition, the City of Chanhassen is unique because it is growing at such a rapid pace . The fact that a basically rural community is quickly becoming suburban causes perspectives, and sometimes tempers, to be dif- ferent. We try our best to help everyone see the varying perspectives present . 1 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1 ' We greatly appreciate the time you have taken to read this note . We hope that it helps you understand Code Enforcement in the City of Chanhassen. If you have any questions, please feel free to call the Department of Public Safety at 937-1900 . • 1 1 1 1 1 1 Planning Commission Meeting April 17 , 1991 - Page 28 Emmings: Anything else Joan? Ahrens: I could go along with a plan for emergency access . However , I don 't know , I still don 't know if we should be in a position of trying to keep everybody off of a public road so that nobody is able to drive through !' there except for the people that live there . I mean I don 't know if it 's that big of a problem . I mean you said we should give them , give staff direction or have them take some action to decrease the traffic on that road . Emmings: Well it 's the traffic that 's shooting over from the end of Valley View that is doing it intentionally and using it as a turn around to go back out . That 's a problem . Ahrens: I don 't see how we can ever prevent anything like that . Put a gate up? Emmings: You ought to look at it and try to figure out something because that 's a terrible problem . But anyway , for those of you who want to follow II this up to the City Council , it will be front of the City Council on May 13th . And you should . Resident: Do you know what time? I Emmings: Well , talk to them . The meeting starts at 7:30 but . Okay , May I 6th . PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO CLARIFY ZONING ADMINISTRATOR AS PLANNING DIRECTOR. Emmings: I don 't think we need to have a staff report on this . It 's pretty straight forward . Does anybody have any comments on this? Oh wait . It's a public hearing . Is there anybody here that wants to comment on this? Conrad moved, Emmings seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. 1 Conrad: I like the idea . I think it 's great . Ahrens: I didn 't know that you weren't already the Zoning Administrator . I To tell you the truth. Krauss: I don't think that Don Ashworth knew that he was. It was one of II those quirky things and the ordinance has ,been around forever . Erhart moved, Conrad seconded that the Planning Commission recommend approval of an amendment to Section 20-1 , Definitions, to state that the Zoning Administrator means Planning Director . All voted in favor and the motion carried unanimously.