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_CC Staff ReportMEMORANDUM CITY OFCHANHASSEN Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: MacKenzie Walters, Assistant Planner DATE: February 27, 2017 D SUBJ: City Code Amendments to Chapters 1, 4, 18 and 20 PROPOSED MOTION "The Chanhassen City Council approves Ordinance 619 amending Chapters 1, 4, 18, and 20 of the Chanhassen City Code, and approves Summary Ordinance 619 for Publication Purposes." City Council approval requires a simple majority vote of the City Council. D - On February 7, 2017 the Planning Commission held a public hearing to take public input on the proposed changes to Chapters 18 and 20 of the Chanhassen City Code. No member of the public spoke on the following proposed amendments: • Chemical Toilets at Special Events • Limits on Maximum Cul -de -Sac Length • Hardcover on Flag Lots • Multiple Buildings as a Conditional Use • Reclassification of Streets • New Regulations for Special Events, • Update Sections Referencing Temporary Events. The Planning Commission voted unanimously to recommend that the City Council adopt these ordinances amending Chapters 18 and 20 of the Chanhassen City Code. Numerous residents attended the public hearing and expressed concern regarding the proposed changes to the city's Stable Ordinance. The Planning Commission tabled the proposed amendments to the Stable Ordinance and directed staff to work with the city's current horse owners to resolve these concerns. PH 952.227.1100 • www.ci.chanhassen.w.us • FX 952.227.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Gerhardt Various Code Amendments February 27, 2017 Page 2 of 5 A brief summary of each item discussed and a synopsis of the Planning Commission's discussion and any public comments can be found bellow. SUMMARY OF AMENDMENTS Chemical Toilets at Special Events Report Summary: City code requires city council approval for chemical toilets at special events. No other part of the special event permitting process requires city council approval. Other sections of the city code specify that chemical toilets should be evaluated and permitted administratively. Staff recommends that the evaluation and approval of chemical toilets associated with special events should be part of the special event permitting process. Ordinance in Brief- Provision riefProvision requiring council approval for chemical toilets would be removed. Stipulate that chemical toilets at construction sites must be removed within 24 hours of the completion of construction and must be designed to minimize the risk of spilling. Public Hearing: No comments from the public. Planning Commission requested clarification as to whether the ordinance addressed removing chemical toileted associated with special events. Staff confirmed that the special events code required these facilities to be removed at the end of the last day of the event. Recommended approval. Limits on Maximum Cul -de -Sac Length: Report Summary: The city limits the maximum length of cul-de-sacs to 800 feet. There are situations where a longer cul- de-sac would be in the city's interest; such as those where a longer cul-de-sac could allow the city to protect sensitive environmental features, or facilitate secondary access and improved connectivity to future developments. Currently, applicants wishing to exceed 800 feet must apply for a variance. Staff recommends handling these exceptions administratively in order to create a more efficient development process. Ordinance in Brief- Language riefLanguage and diagram added to clarify how cul-de-sac length should be measured. City manager can allow a longer length to protect environmental features or allow for secondary access to future developments. Public Hearing: No comments from the public. Planning Commission requested that staff add language to clarify that longer cul-de-sacs allowed for future access must be temporary cul-de-sacs. Recommended approval. Todd Gerhardt Various Code Amendments February 27, 2017 Page 3 of 5 Changes from Staff Report: Staff changed the language in the sentence defining how cul-de-sac length should be measured from "center point of bulb" to "center point of the cul-de-sac turnaround radius" in order to maintain the consistency of terms within Section 18-57. Staff also added language to 18-57(k)(1) requiring temporary cul-de-sacs over 800 feet to address system deficiencies identified in the comprehensive plan. Hardcover on Flag Lots: Report Summary: City code allows the creation of flag -neck lots through a subdivision variance, and the city has numerous non -conforming flag -neck lots in older subdivisions. City code does not specify how to calculate hardcover for these lots. Staff believes it would be consistent with other similar situations in the city code to limit the maximum hardcover in the neck area and exclude both the neck's lot area and hardcover from the parcel's hardcover calculations. Ordinance in Brief- The riefThe proposed ordinance would limit hardcover on the neck portion of flag -neck lots to 33% of the neck's width. The definition of flag -neck lots would also be updated to include pre-existing flag - neck lots that do not meet the current 30 -foot minimum neck (amending Section 1-2. — Rules of construction and definitions). Public Hearing: No comments from the public. Planning Commission asked for clarification on who would be responsible for mitigating runoff in the neck portion of the lot. Staff indicated the intent is to make this area the developer's responsibility rather than homeowners. Planning Commission requested clarification as to how this would work with easements. Staff indicated that driveways are usually not allowed in 5 -foot side yard easements and that this would not change. Recommended approval. Changes from Staff Report: Added the word "all" to the sentence limiting maximum driveway width to 10 feet and moved it after the sentence stipulating maximum percentage of impervious surface in neck portion. This was done to clarify that the 10 -foot minimum driveway width also applied to the neck portion of flag - neck lots. Multiple Building Conditional Use Permits: Report Summary: City code allows for property owners to place multiple principal buildings on a single lot though a Conditional Use Permit (CUP). Staff is concerned that these CUPs could be used to circumvent the normal subdivision process and create unforeseen burdens on municipal infrastructure. Staff examined various projects where multiple principal buildings were built on a single lot, and could not find any that would not have been possible without this CUP. Staff recommends that this CUP be removed from the City Code. Todd Gerhardt Various Code Amendments February 27, 2017 Page 4 of 5 Ordinance in Brief. - Add language specifying that only one principal building is allowed in single family, commercial, office, and industrial districts, although PUDs may have groupings of buildings. Public Hearing: No comments from the public. No concerns from the Planning Commission. Recommended approval. Reclassification of Streets: Report Summary: The zoning code's list of arterial and collector streets was last updated in 2012 and is now out of date. Additionally, the Community Commercial District is not listed in the city's list of zoning districts. Staff recommends updating both lists. Ordinance in Brief- Add riefAdd Community Commercial to list of zoning districts. Fix errors and formatting issues in list of streets. Amend list to label Highway 7 and Highway 212 as principal, clarify extent of Lake Lucy Road, Lyman Boulevard, and Market Boulevard, and add Stoughton Avenue and Yosemite to list of collector streets. Public Hearing: No comments were received from the public. No concerns from the Planning Commission. Recommended approval. New Regulations for Special Events: Report Summary: The city is experiencing an increased demand for larger and more complicated special events, such as races and walks that have a larger impact on surrounding land uses. The city's existing special events code was not designed to regulate these types of events. Evaluating and managing these events requires large amounts of staff time due to their size, complexity, and the limitations of the existing temporary events and sales codes. Ordinance in Brief- Staff riefStaff proposes creating three categories of events, requiring race addendums, adding criteria for denying special event permits, requiring liability insurance, requiring escrows, and clearly defining what activities require a permit in order to better manage the number and type of events. Staff also proposes a modest increase in special event permit fees in order to offset the amount of staff time required to evaluate large events and races. Public Hearing: No comments were received from the public. The planning commission requested clarification of what was meant by "any other condition deemed necessary." Staff explained that it is a boiler plate clause allowing us to place reasonable conditions to address unforeseen problems. The planning commission asked how this would impact residential districts. Staff clarified that they are governed by general nuisance and noise ordinances but would not need permits. Recommended approval. Todd Gerhardt Various Code Amendments February 27, 2017 Page 5 of 5 Changes from Staff Report: Section 20-964(4)(c) was removed because it was redundant with 20-964(a) and could potentially be used to circumvent the intent of the special events permit. Section 20-964(e) was rewritten to read "Community Events organized by or in partnership with the City" in order to prevent the need to amend the ordinance if the City chose to sponsor or host new events. Language amending Section 4- 30(b)(12) was added to facilitate creating a race addendum with a $50.00 fee and a special event permit with a $100.00 fee. These changes were made based on staff's analysis of the administrative costs of processing special event permits. Update Sections Referencing Temporary Events: Report Summary: In 2010 the City Council amended the city's temporary event ordinance moving it from Section 20- 312 to Section 20-964. Some provisions in the city code still reference Section 20-312. Additionally, while staff was tracking down references to Section 20-312, it was discovered that two zoning districts, Industrial Office Park (IOP) and Community Commercial (CC), should list temporary events as permitted accessory uses but do not. Staff recommends updating the references and listing temporary events as permitted accessory uses in the IOP and CC districts. Ordinance in Brief Adds the words "and events" and changes 20-312 to 20-964 in all sections that list temporary sales as a permitted accessory use, and add temporary outdoor sales and events as a permitted accessory use to the IOP and CC districts. Public Hearing: No comments were received from the public. No concerns from the Planning Commission. Recommended approval. RECOMMENDATION A full discussion of these items can be found in the attached staff reports. Staff recommends that the City Council adopt Proposed Ordinance 619 amending Chapters 1, 18, and 20 of the City Code, and approve Summary Ordinance 619 for publication purposes. ATTACHMENTS 1. Proposed Ordinance 619. 2. Summary Ordinance 619 for publication purposes. 3. Staff Report: Chemical Toilets at Special Events. 4. Staff Report: Limits on Maximum Cul -de -Sac Length. 5. Staff Report: Hardcover on Flag -Neck Lots. 6. Staff Report: Multiple Buildings as a Conditional Use. 7. Staff Report: Reclassification of Streets. 8. Staff Report: New Regulations for Special Events. 9. Addendum: Special Event Fees. 10. Staff Report: Update Sections Referencing Temporary Events. gApim\city code\2017\2017-02 various\omnibus\executive summary of itcnns_cc.doc