A2. Proposed Code Amendments, Planning DepartmentA-3
MEMORANDUM
CITY OF TO: Todd Gerhardt, City Manager
nrrr,urrranmr Kate Aanenson, Community Development Director
7700 Market Boulevard
FROM: Bob Generous, Senior Planner
PC Box 147
Chanhassen, MN 55317 DATE: October 26, 2015
Administration
SUBJ: Potential Amendments to City Code
PFax:952.227.
11100
BACKGROUNDFax: 952.2271110
Building Inspections The Planning Commission reviewed the code issues on September 15, 2015 for
Phone: 952.227.1180 Chapters 18 and 20. A public hearing is required to make changes in these chapters.
Fax: 952.227.1190
Issue: Some definitions need addition, clarification, expansion or revision.
Engineering Since the Planning Commission discussion, staff has done further research regarding
Phone: 952.227.1160 the parking standards and has included that information in this report. Additionally, p Y,
Fax. 952.227.1170 the city has been approached regarding the establishment of a taproom/restaurant in
Phone: 952.227.1130
the community. Rather than limit our discussion to taprooms only, we will review the
Finance implications of amending the alcohol licensing requirements.
Phone: 952.227.1140
Suggested Action: Amend Section 1-2 to include a definition of open fences.
Fax: 952.227.1110 We are requesting that the City Council review the proposed revisions and direct staff
Park &Recreation to proceed with ordinance amendments incorporating the changes.
Phone: 952.227.1120
Fax: 952.227.1110 DISCUSSION
Recreation Center Chapter 1, General Provisions
2310 Coulter Boulevard
Phone: 952.2271400 Issue: Some definitions need addition, clarification, expansion or revision. Fax: 952.227.1404
Planning & Open fences are decorative fences such as wrought iron fences or column or rock -
Natural Resources type corner posts. These fences are permitted in the front yard and may be as tall as
Phone: 952.227.1130 6'/ feet. There is currently no definition for what was intended.
Fax: 952.227.1110
Suggested Action: Amend Section 1-2 to include a definition of open fences.
Public Works
7901 Park Place
Phone: 952.227.1300 Chapter 4, License, Permit and Administrative Fees
Fax: 952.227.1310
Issue: Section 4-15 (3) fees for background checks on new liquor license
Senior Center applications. The sheriffs office charges the city $250 for these checks. City code
Phone: 952.227.1125 specifies $100.
Fax: 952.227.1110
The fees to conduct a background investigation on liquor license applications forWebsite
www.ci.chanhassen.mn.us owners, officers or operating managers shall be (per person investigated) .....$100.00
This includes new applications as well as changes in officers or operating managers
of existing license holders."
Suggested Action: Amend Section 4-15 (3) from $100 to $250 for new licenses.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
Potential Code Amendments
October 26, 2015
Page 2
Chapter 7, Buildings and Building Regulations
Issue: Section 7-18 adopts the Minnesota State Building code, which the city is required to do.
However, in subsection (a), we may eliminate the list of sections since we are required to adopt
them. We only need to list optional sections that we are adopting as stated in subsection (b).
a) The Minnesota State Building Code, established pursuant to M.S. §§ 16B.59 to 16B.75,
is hereby adopted as the building code for the City of Chanhassen. The Code is hereby
incorporated in this section as if fully set out herein.
The Minnesota State Building Code includes the following chapters of Minnesota Rules:
1) 1300—Administration of the Minnesota State Building Code;
2) 1301—Building Official Certification;
3) 1302—State Building Construction Approvals;
4) 1303—Minnesota Provisions;
5) 1305—Adoption of the 2006 International Building Code;
6) 1307—Elevators and Related Devices;
7) 1309—Adoption of the 2006 International Residential Code;
8) 1311—Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings;
9) 1315—Adoption of the 2005 National Electrical Code;
10) 1325—Solar Energy Systems;
11) 1330—Fallout Shelters;
12) 13 3 5—Floodproofing Regulations;
13) 1341—Minnesota Accessibility Code;
14) 1346—Adoption of the Minnesota State Mechanical Code;
15) 1350—Manufactured Homes;
16) 1360—Prefabricated Structures;
17) 1361—Industrial/Modular Buildings;
18) 1370—Storm Shelters (Manufactured Home Parks);
19) 4715—Minnesota Plumbing Code;
20) 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code.
b) The City of Chanhassen adopts for reference the following optional chapter of the
Minnesota State Building Code: Minnesota Rules Chapter 1306 – Special Fire Protection
Systems, including 1306.0020 Subp. 2 and 1306.0030.
Optional Administration: Minnesota Rules Chapter 1335, Floodproofing Regulations, Parts
1335.0600 to 1335.1200 are adopted."
Suggested Action: Amend Section 7-18 (a) to delete items (1) – (20).
Todd Gerhardt
Potential Code Amendments
October 26, 2015
Page 3
Chapter 10, Licenses, Article II, Alcoholic Beverages
Issue: The city has been approached about a potential taproom and restaurant in the community.
Currently, our ordinance does not directly address breweries, brew pubs, micro -distilleries or
taprooms. The city must decide if, how, and where the city would like to allow such uses.
Implications for code amendments include adding definitions, the licensing requirements, and
the zoning regulations. Breweries and distilleries are regulated by Minnesota Statutes Chapter
340A.
As originally presented to staff, there would not be a brewery located with the use, so the
proposal would be classified as a restaurant with alcoholic beverages (local beers and wines).
However, the issue with this use is that they could not meet the city's licensing requirements of
the 50/50 ratio required for food and beverage sales. Currently, the city has one exclusive liquor
license, High Timber Lounge, which is not required to meet the 50/50 revenue ratio. High
Timber Lounge was a grandfathered licensee prior to the 50/50 revenue requirement in the liquor
code amendment in 2000. The city could amend the licensing requirement to add another on -
sale exclusive liquor license. This change may seem unfair to other restaurants with liquor
licenses who must meet the 50/50 revenue split. The city could also amend the ordinance to
revise or remove the revenue split requirement. With the rise of expensive craft beers and exotic
wines, the bar tab for a simple meal can easily exceed the cost of the food.
The city should amend the licensing section to include licenses for tap rooms and brew pubs
Definitions would need to be added to city code including:
Brewery. A facility that produces for sale malt liquor, and containing not less than one-half of
one percent alcohol by volume. A brewery may include a taproom.
Brew pub. A brewery that operates a restaurant on the same premises as the brewery, whose
malt liquor production per calendar year shall be limited by Minnesota State Statute, which is
currently set at 3,500 barrels per year with a limit of 500 barrels per year for off -sale.
Cocktail room. A micro -distillery licensed by the State of Minnesota that provides on -sale of
distilled liquor produced by the distiller for the consumption on the premises of or adjacent to
one distillery location owned by the distiller.
Distilled spirit. Means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum,
brandy, gin, and other distilled spirits including all dilutions and mixtures thereof for non-
industrial use.
Distillery. A facility that produces distilled liquor, including all dilutions and mixtures thereof,
for non -industrial uses. A distillery may include a cocktail room.
Todd Gerhardt
Potential Code Amendments
October 26, 2015
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Taproom. An area for the on -sale consumption of malt liquor produced by the brewer for
consumption on the premises of a brewery or an abutting property in common ownership of the
brewer, which may include sales of malt liquor produced and packaged at the brewery for off -
premises consumption as allowed by Minnesota statutes, as may be amended.
Winery. A facility operated by the owner of a Minnesota farm and producing table, sparkling, or
fortified wines from grapes, grape juice, other fruit bases, or honey, with a majority of the
ingredients grown or produced in Minnesota. A winery may include a tasting room.
To permit these uses, the city would need to amend the licensing requirements to specifically
address breweries, distilleries and wineries. As part of the discussion, the city could limit the
number of licenses permitted for each type of facility. Additionally, the city could address the
idea of food -alcohol revenue ratios. Given the changing dynamics of liquor consumption, are
these limits still necessary? To de-emphasize alcohol, the city could require that these
restaurants have a full menu of food prepared on site, not just heated up, e.g., frozen pizzas; limit
the number of seats in a bar area; and require food service during most of the hours the restaurant
is open.
A brewery or distillery would be classified as a manufacturing facility and would normally be
located within an industrial district. Most breweries would like to have a taproom or brew pub,
e.g., restaurant associated with the brewery which creates a commercial use.
Staff would recommend we create the following standards:
Brew pubs be conditional uses in commercial districts.
Brewery taprooms be conditional uses in industrial and potentially commercial areas.
The city limit the amount of space allocated to the taproom. In our review of existing
ordinances, the range of space permitted is from 15 to 25 percent of the facility.
Parking for the taproom portion would follow the standards for a bar or tavern.
Parking standards would meet those for restaurants with liquor licenses for brew pub.
Parking standards for the brewer portion of the facility would be those for warehouses.
Suggested Action: Consider amending the city code to provide definitions appropriate for
breweries, distilleries and wineries, amend the city's alcohol licensing requirements to
incorporate such uses and amend the zoning regulations to provide criteria for these uses and
specify where they will be permitted.
Chapter 18, Subdivisions
Issue: Required improvements for subdivisions does not specify wetlands and buffers as
features that may be dedicated to the city.
Section 18-78 (b) (11)
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Potential Code Amendments
October 26, 2015
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Where any proposed plat adjoins a natural lake, pond, river or stream, including streams which
flow only intermittently, the city may require that a strip of land running along all sides thereof
which are contiguous to such lake, pond or stream, be dedicated to the city for public use, or
subject to a perpetual easement in favor of the city for the purpose of protecting its hydraulic
efficiency and natural character and beauty. There shall also then be granted to the city the right
of ingress to and egress from the dedicated land."
Suggested Action: Amend Section 18-78 (b)(11) to include dedication of wetlands to city.
Chapter 20, Zoning
Issue: Variances: "undue hardship" vs. "practical difficulty." State statute has been amended to
direct that practical difficulty be the basis for review on variances, not undue hardship. The
required findings for variances have previously been amended; however, the language was not
carried over to the powers of the board section.
Section 20-28.
Board of appeals and adjustments.
a) Board designation. The planning commission shall act as the board of appeals and
adjustments.
b) Powers. Pursuant to M.S. § 462.357, subd. 6, the board shall have the following powers:
1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by a city administrative officer in the
enforcement of this chapter;
2) To hear requests for variances from the literal provisions of this chapter in instances
where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration, and to grant such variances
only when it is demonstrated that such actions will be in keeping with the spirit and
intent of this chapter; and
3) To grant permits or approvals for appeals authorized under M.S. § 462.359."
Suggested Action: Amend Section 20-28 (b) (2) to change "undue hardship" to "practical
difficulty."
Issue: Building permits are required for buildings 200 square feet and larger, not
120 square feet as currently stated in the ordinance. This was a recent amendment to the state
building code, which exempts certain structures from building permit standards.
Sec. 20-91. - Zoning permit.
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Potential Code Amendments
October 26, 2015
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a) A zoning permit shall be required for the construction of structures which do not
require building permits to determine compliance with zoning requirements such as
setback, site coverage, structure height, etc.:
Agricultural buildings.
Decks less than 30 inches above the ground and not attached to the
principal structure.
Driveway expansions.
One-story detached accessory structures, used as tool or storage sheds,
playhouses, and similar uses, less than 120 square feet in building area.
Patios.
Permanent fences less than six feet in height.
Sport courts."
Suggested Action: Amend Section 20-91 to change accessory structures from less than 120
square feet to less than 200 square feet in building area.
Issue Site plan permits also require the submittal of security for completion of required
improvements. Staff is proposing that this requirement be included in the section dealing with
site plan permits. This would be similar in language to the subdivision requirements and
landscaping requirements of city code. Additionally, we would provide language specifying how
the security is released.
Sec. 20-122. - Site plan permit.
The terms and conditions of approval of the site plan shall be embodied in a permit signed by
the property owner and the city. The permit shall be recorded against the title to the property."
Suggested Action: Amend Section 20-122 to provide information on security requirements.
A letter of credit or cash escrow shall be required to ensure satisfactory installation of site
improvements in an amount equal to 110 percent of the value of the required improvements. The
developer is obligated to install and complete all such improvements at his or her own expense
and under the supervision and inspection of the city. The guarantee shall be provided prior to
recording the site plan permit and shall be valid until the improvements are inspected and
approved by the city.
Procedures for the reduction of release of security shall include:
a. Requests for reductions of letters of credit must be submitted to the city in writing by the
developer or his engineer.
b. The city shall verify completion of the improvements.
c. Any reduction shall be subject to City approval.
Todd Gerhardt
Potential Code Amendments
October 26, 2015
Page 7
Issue: Interim uses in the RSF district permits stables. However, Section 20-616 (1) references
Chapter 5, Article IV. It should reference Article III.
Sec. 20-616. — Interim uses.
The following are interim uses in the "RSF" District:
1) Private stables subject to provisions of chapter 5, article IV.
2) Commercial stables with a minimum lot size of five acres."
Suggested Action: Amend section 20-616 (1) to reference Article III.
Issue: Section 20-1001 (3) should be expanded to include the requirement that the property must
be at least 10 acres to qualify as a farm. Farm properties are those that permit agriculture as a
use, which is limited to the A-2 and RR zoning districts.
Sec. 20-1001. - Keeping.
The following animals may be kept in the city:
1) Household pets are an allowed use in all zoning districts.
2) Horses in the A-2, RR and RSF zoning districts in accordance with chapter 5, article III.
3) Farm animals are an allowed use on all farm property except as otherwise specifically
provided in the City Code. Farm animals may not be confined in a pen, feed lot or
building within 100 feet of any residential dwelling not owned or leased by the farmer.
4) Wild animals may not be kept in the city.
5) Animals may only be kept for commercial purposes if authorized in the zoning district
were the animals are located.
6) Animals may not be kept if they cause a nuisance or endanger the health or safety of the
community."
Suggested Action: Amend Section 20-1001 (3) to specify a minimum of 10 acres and that it is
permitted in districts that permit agriculture use rather than "faun property."
Issue: Section 20-1019 (a) permits fencing to be built on two properties. The city cannot issue a
permit for one property owner to build on an adjacent property. Additionally, there needs to be
additional maintenance and access agreements. The City Attorney has advised staff not to issue
a permit for this.
Sec. 20-1019. - Location.
a) Generally. All fences and retaining walls shall be located entirely upon the property of
the fence or retaining wall owner unless the owner of the adjoining property agrees, in
writing, that said fence or retaining wall may be erected on the property line of the
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Potential Code Amendments
October 26, 2015
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respective properties. Such agreement shall be submitted at the time of building permit
application. Encroachment into a city easement shall require an encroachment
agreement between the property owner and the city. Fences shall not be placed within
the public right-of-way."
Suggested Action: Amend Section 20-1019 (a) to delete all language that would permit
construction of such fences. The only exception may be fences or retaining walls that are built in
conjunction with a subdivision and for which a homeowners association is responsible for its
maintenance.
Sec. 20-1124. - Required number of on-site parking spaces.
Issue: Parking standards for shopping centers or multitenant buildings. A parking standard of
1/200 square feet of building area is used for these buildings. This may be adequate for retail,
office and service uses, but there are concerns when restaurants are included in the building.
Restaurants have standards of 1/60 square feet. "Shopping center means an integrated group of
commercial establishments planned, developed and managed as a unit, with off-street parking
facilities provided on-site."
While the city does not want to overpark a development and recognizes that multi -tenant
buildings may not require the same number of spaces as would be required for an individual user
due to economies of use peak periods, we want to assure that there is sufficient parking to meet
the demands of the users.
Staff has surveyed 22 communities around the metropolitan area and researched traffic literature
to see how they address parking requirements (see attached parking standards comparison
spreadsheet).
There was not one standard provided. For instance, retail parking requirements go from one
parking space per 150 square feet to one parking space 300 square feet, and if it is large
merchandise store (furniture, appliances, etc.), then it may decrease to one parking space per 500
or 600 square feet. The city's standard of one parking space per 200 square feet was used in 12
of the other communities.
Parking standards for restaurant uses were also varied. For those that relied on square footages,
the standards ranged from one parking space per 25 square feet to one space per 100 square feet.
Some communities made distinctions between customer area and kitchen area in determining the
required parking. Others made distinctions between the types or classification of restaurants,
e.g., deli/coffee shops, fast-food, drive-thru, drive-in, standard restaurants, restaurants with liquor
and bars or taverns. The city's parking standards for restaurants falls within the range of parking
requirements of other communities.
Todd Gerhardt
Potential Code Amendments
October 26, 2015
Page 9
Multi -tenant and shopping center parking regulations also were quite varied. Most communities
provide one parking standard for the entire building with a majority of the standards at five
parking spaces per 1,000 square feet of building area. Some communities require one standard,
but base this standard on the overall size of the building, e.g., 1/200 if building less than 10,000
square feet, 1/250 if building between 10,000 and 30,000 square feet, and 1/300 if building
exceeds 30,000 square feet. Some communities require each individual tenant to meet their own
requirements. Other communities require that restaurant uses, movie theaters or grocery stores be
counted separately, but the balance may be under the shopping center standard. Some standards
limit the amount of the building that may be used for restaurants, e.g., only 25 percent of the
building may be restaurants in order to rely on the shopping center parking standard. Others
negotiate parking requirements as part of a Planned Development.
Staff has reviewed the Institute of Transportation Engineers Parking Generation report to
determine if there are appropriate parking standards. The current standard of five parking
spaces per 1,000 square feet falls within the range of parking demand. However, most of the
studies dealt with larger shopping centers than those multi -tenant buildings within the city.
As can be seen in the table below, the range of parking provided is from 4.1 — 5.5 parking spaces
per 1,000 square feet of gross leasable space (GLA).
Staff has tried to evaluate actual parking demand to determine if there is an optimal parking
standard. The table below summarizes the information found for shopping centers in the parking
generation report.
Parking Demand, Peak Period vs. 1,000 sq. ft. GLA
Day of Week/Season Average 95 % Confidence
Interval
85 percentile Range
Non -Friday weekday,
December
3.76 3.38-4.04 5.05 1.44-7.37
Non -Friday weekday,
non -December
2.55 NA 3.16 1.33-5.58
Friday, December 3.96 3.69-4.24 5.23 1.47-7.5
Friday, non -December 2.94 NA 3.90 1.32-4.66
Saturday, December 4.67 4.42-4.93 5.91 2.01-7.50
Saturday, non -December 2.87 2.6-3.14 3.4 1.73-4.82
Sunday, December 4.41 4.05-4.78 5.84 1.79-7.67
Sunday, non -December 2.04 NA 2.39 1.47-2.75
Parking Generation, 4`h Edition, An informational Report of the Institute of Transportation Engineers, 2010.
Todd Gerhardt
Potential Code Amendments
October 26, 2015
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The city's current standard would accommodate the average parking demand. The 95 percent
confidence interval represents the range of parking demand for 95 percent of the parking. Again,
the city's standard would accommodate this demand. The 85a' percentile represents the 85th
highest parking demand actually observed and usually corresponds to the holiday shopping
season, as can be seen with the 5.91 parking demand for a Saturday in December. Providing
parking at this level means that the majority of the time, the parking will not be used and
increases the amount of hard surface on a parcel.
Staff is proposing that we incorporate a percentage of the building that may be used for
restaurant uses (25%) and still use the shopping center standard. Between 25 and 50 percent of
the building in restaurant use would require that the restaurant square footages provide one
parking space per 100 square feet and if more than 50 percent of the building is restaurant use,
then they would meet the restaurant parking standard of one parking space per 60 square feet for
restaurants and one parking space per 50 square feet if liquor is served. This would slightly
increase the amount of parking for buildings that have more than 25 percent of their floor area in
restaurant or bar uses, which have a greater parking demand.
In addition, staff looked at shared parking opportunities. All cities surveyed permit the use of
shared parking lots with requirements for a parking agreement and maximum separation
requirement. The parking study literature states that with the use of shared parking, you may
reduce the amount of parking from 10 — 30 percentz. Cities have further refined this requirement
to assure that the minimum number of spaces should accommodate the combined peak hour of
demand for parking for all users. Cities have also provided reductions in parking requirements
when it was shown that the uses had complementary and noncompeting peak hours of parking
demands. Listings of these complementary uses were provided in the ordinances and staff would
recommend that we incorporate them in our ordinance.
The City of Brooklyn Park provides these standards:
Certain uses that have their highest peak demand for parking at substantially different times of
the day or week can consider a plan to provide required parking by sharing parking with adjacent
uses based on the following criteria:
a) Up to 50% of the off-street parking stalls required for a theatre, bowling alley, dance
hall, bar, or restaurant may be supplied by the off-street parking facilities provided by types of
uses specified as a primarily daytime use in subparagraph (d) below.
b) Up to 50% of the off-street parking stalls required for any use specified under
subparagraph (d) below as primary daytime uses may be supplied by the parking facilities
provided by the following nighttime or Sunday uses: auditoriums incidental to a public or
parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants.
z Parking Management Best Practices: Making Efficient Use of Parking Resources, Todd
Litman, 2010
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Potential Code Amendments
October 26, 2015
Page 11
c) Up to 50% of the off-street parking stalls required by § 152.142 for a church or for an
auditorium incidental to a public or parochial school may be supplied by off-street parking
facilities provided by uses specified under subparagraph (d) below as primarily daytime uses.
d) For the purpose of this section, the following uses are considered as primarily daytime
uses: banks, business offices, retail stores/shopping centers, personal service shops, household
equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale,
and similar uses.
Staff has reviewed what would have happened for a multi -tenant development that was recently
approved. Building square footage is 10,443 square feet. Restaurants occupy 43 percent of the
building.
Existing standard: 1/200 square feet equals 52 parking spaces.
Revised standard: 1/100 square feet for 4,442 square feet equals 44 spaces
1/200 square feet for 6,001 square feet equals 30 spaces
Total parking spaces equal 74 spaces.
Individual Unit: 1/50 square feet for 2,245 square feet equals 45 spaces
1/ 60 square feet for 2,197 square feet equals 37 spaces
1/200 square feet for 6,001 square feet equals 30 spaces
Total parking spaces equal 112 spaces.
Suggested Action: Amend the parking standards to incorporate a list of complementary uses,
potential reductions in parking requirements and the shopping center parking standards to
address when more intensive uses are included in the building.
RECOMMENDATION
Staff is seeking feedback and direction from City Council to consider drafting ordinances that
would address the issues listed above.
ATTACHMENT
Parking Standards Comparison
gAplan\city coMissue paper\cc memo 10-26-15.docx