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2. Senior Living Code Amendmentt o CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen. MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 MEMORANDUM TO: Planning Commission FROM: Ashley Mellgren, Planning Intern a DATE: October 2, 2012 SUBJ: City Code Amendment — Senior Living: • Section 1 -2, - Definitions • Sections 20 -652, - Permitted uses in an R -8 district • Chapter 20, Article XXIII, Division 2. — Performance standards • Section 4- 30(c)(4), - Fees set PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council adopt the proposed amendments to City Code as outlined in the staff report." Web site During the preparation of the issue paper staff referred to other cities and their city www.ci.chanhassen.mn.us code. Of the six cities, three defined a type of senior living establishment in their city code. The remaining cities utilize group home to define a senior living establishment. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow BACKGROUND Finance Phone: 952.227.1140 Fax: 952.227.1110 Staff wrote an issue paper in response to a zoning classification inquiry for a senior living establishment. Park & Recreation Phone: 952.227.1120 On June 5, 2012, the Planning Commission held an open discussion regarding a Fax: 952.227.1110 suitable definition for two senior living establishments proposed for the City of Recreation Center Chanhassen. 2310 Coulter Boulevard Phone: 952.227.1400 On June 11, 2012, staff presented a City Code Amendment Issue Paper to the City Fax: 952.227.1404 Council during a work session. City Council requested clarification of surrounding cities and how they address senior living establishments in their city code. Planning & Natural Resources Staff referred to surrounding cities and their city code and sought comments from the Phone: 952.227.1130 Fax: 952.227.1110 Senior Commission. There were six cities found to be relevant due to their proximity and/or size of population. Public Works 7901 Park Place The Senior Commission inquired as to what hospital would service the establishment Phone: 952.227.1300 and the level of handicapped accessibility to the building. Staff replied that Waconia Fax: 952.227.1310 and Shakopee hospitals service Chanhassen and that all rooms in the building would be handicapped accessible. Overall, the Senior Commission appreciated that Senior Center Chanhassen is responding to desired options for the changing demographics by Phone: 952.227.1125 Fax: 952.227.1110 providing alternative living communities. Web site During the preparation of the issue paper staff referred to other cities and their city www.ci.chanhassen.mn.us code. Of the six cities, three defined a type of senior living establishment in their city code. The remaining cities utilize group home to define a senior living establishment. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission October 2, 2012 Page 2 of 4 The city has received an application for a senior living establishment. In order for the application to move forward this amendment is required. DISCUSSION ISSUE: Current standards outlined in the City Code allow for the senior living establishments to operate as group homes. Chapter 1, Section 1 -2 defines a group home to mean "a state - licensed residential facility where persons reside for a purpose of rehabilitation, treatment or special care. Such persons may be orphaned, suffer chemical or emotional impairments or suffer social maladjustment. " The definition of a group home is very broad and types of services and care may not be suitable for all medium density zoning districts. Staff is recommending a code amendment creating a new definition for senior care entitled Continuing Care Retirement Facility. The use is intended to provide care for seniors in a residential -style setting rather than a traditional institutional facility. PROPOSED CHANGE: Amend Chapter 1, Section 1 -2 to include a definition for continuing care retirement facility. Continuing Care Retirement Facility means "a state - licensed facility where senior - citizen aged persons reside. Such persons are furnished with an independent bedroom and bathroom and congregate dining. Such persons may also be furnished with nursing, medical service or other health - related services. " ISSUE: Current city standards limit the number of persons allowed to reside in a group home. Group homes with fewer than six people are permitted uses in low density residential districts. Group homes serving seven to sixteen people are conditional uses in medium density districts. The continuing care retirement facilities are proposed to serve more than sixteen people. Staff is establishing a limitation on the number of beds based on a bed -to -acre ratio. PROPOSED CHANGE: Amend Section 20 -652 to allow continuing care retirement facilities as a permitted use. Change is bolded and highlighted below: Section 20 -652. Permitted Uses The following are permitted uses in an R -8 district: (1) Townhouses, two-family and multifamily dwellings. (2) Public and private parks and open spaces. (3) Utility services (4) Temporary real estate office and model home. (5) Antennas as regulated by article =of this chapter. (6) Continuing care retirement facility. Planning Commission October 2, 2012 Page 3 of 4 PROPOSED CHANGE: Amend Chapter 20, Article XXIII, Division 2 to include Section 20 -965. — Continuing care retirement facility. Section 20 -965. - Continuing care retirement facility. The following applies to continuing care retirement facilities: (1) The facility shall maintain state licensing. (2) The facility shall conform to the requirements of local and Minnesota State Building Codes and Fire Codes. (3) The facility shall be connected to municipal services. (4) The facility shall be of residential style and character with a maximum structure height of 35 feet. (5) Parking areas shall be screened from public or private right -of -way and adjacent single - family residential uses. (6) One -third parking space per bed shall be provided with an additional parking space for every employee on the largest single shift. (7) The facility shall be located in medium density districts with gross density not exceeding 16 beds per acre. (8) Access to the site shall be adjacent to a collector or arterial street as defined in the comprehensive plan. ISSUE: The independent bedrooms are not considered a dwelling unit. By definition a dwelling unit contains permanent cooking, eating, sleeping and sanitary facilities for the exclusive use of a single - family household. The continuing care retirement facilities have independent bathrooms and bedrooms but share a living area and dining space. The continuing care retirement facility will likely have an impact on the City's park system; however, the impacts will be less than a single - family dwelling unit. Specific park fee standards will be figured on a per bed basis. PROPOSED CHANGE: Amend Chapter 4, Article III, Section 4- 30(c)(4) Fees Set to include continuing care retirement facilities. The changes are bolded and highlighted below: Planning Commission October 2, 2012 Page 4 of 4 Park fees (varies with land use) — 100 percent of the fees are paid at the time of the final plat. Park dedication fees: Sin lefamily $5,800.00 1dwellin Duplex $5, 000.00 1dwellin Multi family /a artment units $3,800. 001dwellin Commercial /industrial $12,500. 001acre Continuing care retirement facili ty $500.00/bed RECOMMENDATION "The Chanhassen Planning Commission recommends that City Council approve the amendment to Chapter 20, Section 20 -652 to allow continuing care retirement facilities as a permitted use; and Chapter 20, Article XXIII, Division 2 to include standards of a continuing care retirement facility." ATTACHMENTS 1. Ordinance Amendment. 2. Chapter 20, Article XIV, Division 2. — "R -8" Mixed Medium Density Residential District. 3. Chapter 20, Article XXIII, Division 2. — Performance standards. 4. Senior Living Issue Paper Dated June 11, 2012. g: \plan \city code\2012\2012 -04 chapter 20 senior care facilities in medium & high density districts\senior living pc staff report.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1- DEFINITIONS, CHAPTER 4 — FEES, AND CHAPTER 20 — ZONING OF THE CHANHASSEN CITY CODE CONCERNING SENIOR LIVING FACILITIES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1 . Section 1 -2 of the Chanhassen City Code is amended by adding the definition of a continuing care retirement facility to read as follows: Continuing care retirement facility means a state- licensed facility where senior- citizen aged persons reside. Such persons are furnished with an independent bedroom and bathroom and congregate dining. Such persons may also be furnished with nursing, medical service or other health - related services. Section 2 . Section 20 -652 of the Chanhassen City Code is amended to read as follows: Section 20 -652. - Permitted Uses. The following are permitted uses in an R -8 district: (1) Townhouses, two - family, multifamily dwellings. (2) Public and private parks and open spaces. (3) Utility services. (4) Temporary real estate office and model home. (5) Antennas as regulated by article XXX of this chapter. (6) Continuing care retirement facility. Section 3. Chapter 20, Article XXIII, Division 2 of the Chanhassen City Code is amended by adding Section 20 -965 to read as follows: Section 20 -965. - Continuing care retirement facility. The following applies to the continuing care retirement facilities: (1) The facility shall maintain state licensing. (2) The facility shall conform to the requirements of the Minnesota State Building Codes and Fire Codes. (3) The facility shall be connected to municipal services. (4) The facility shall be of residential style and character with a maximum structure height of 35 feet. (5) Parking areas shall be screened from public or private right -of -way and adjacent single - family residential areas. (6) One -third parking space per bed shall be provided with an additional parking space for every employee on the largest single shift. (7) The facility shall be located in a medium or high- density district with a gross density not exceeding 16 beds per acre. (8) Access to the site shall be from a collector or arterial street as defined in the comprehensive plan. Section 4 . Section 4- 30(c)(4) of the Chanhassen City Code is amended to read as follows: Park fees (varies with land use) — 100 percent of the fees are paid at the time of the final plat. Park dedication fees: Single - family $5,800.00/dwellin Duplex $5,000.00/dwellin Multi-family/apartment units $3,800.00 /dwelling Commercial /industrial $12,500.00 /acre Continuing care retirement facility $500.00/bed Section 5. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 2012, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager (Published in the Chanhassen Villager on Thomas A. Furlong, Mayor gAplan \city code\2012\2012 -04 chapter 20 senior care facilities in medium & high density districts\senior living code amendment.docx 2 Municode Page 1 of 2 Chanhassen, Minnesota, Code of Ordinances >> - CITY CODE >> Chapter 20 - ZONING >> ARTICLE XIV. - MIXED LOW AND MEDIUM DENSITY RESIDENTIAL DISTRICTS >> DIVISION 2. - "R -8" MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT >> DIVISION 2. - "R -8" MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 20 -651. - Intent. Sec. 20 -652. - Permitted uses. Sec. 20 -653. - Permitted accessory uses. Sec. 20 -654. - Conditional uses. Sec. 20 -655. - Lot requirements and setbacks. Secs. 20- 656-20 -670. - Reserved. Sec. 20 -651. - Intent. The intent of the "R -8" District is to provide for single - family detached or attached residential development at a maximum net density of eight dwelling units per acre. (Ord. No. 80, Art. V, § 7(5 -7 -1), 12- 15-86; Ord. No. 240, § 19, 7- 24 -95) Sec. 20 -652. - Permitted uses. The following uses are permitted in an "R -8" District: (1) Townhouses, two- family and multifamily dwellings. ( Public and private parks and open spaces. ( Utility services. ( Temporary real estate office and model home. ( Antennas as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 7(5 -7 -2), 12- 15-86; Ord. No. 259, § 15, 11- 12 -96) Sec. 20 -653. - Permitted accessory uses. The following are permitted accessory uses in an "R -8" District: (1) Garage. ( Storage building. ( Swimming pool. ( Tennis court. ( Signs. ( Home occupations. ( One dock. (Ord. No. 80, Art. V, § 7(5 -7 -3), 12- 15-86) Sec. 20 -654. - Conditional uses. http: / /library.municode.coml print. aspx? h= &clientID= 14048 &HTMRequest= http %3a %2E.. 9/27/2012 Municode The following are conditional uses in an "R -8" District: (1) Churches. ( Day care center. ( Group home serving from seven to 16 persons. ( Recreational beach lots. ( Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 7(5 -7 -4), 12- 15-86; Ord. No. 259, § 16, 11- 12 -96; Ord. No. 377, § 87, 5- 24 -04) State law reference— Conditional uses, M.S. § 462.3595. Sec. 20 -655. - Lot requirements and setbacks. Page 2 of 2 The following minimum requirements shall be observed in an "R -8" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a• For a two- family dwelling, 7,500 square feet per dwelling unit. b• For a townhouse or multifamily dwelling, 5,500 square feet per dwelling unit. ( The minimum lot frontage is 50 feet per dwelling unit except that in the case of a lot that fronts on a cul -de -sac, the width of the lot at the building setback line shall be as follows: a• If a two- family dwelling is located on the lot, 50 feet per dwelling unit. b• If a townhouse or multiple - family project is located on the lot, 150 feet. ( The minimum lot depth is 150 feet. ( The maximum lot coverage is 35 percent. ( The setbacks are as follows: a• For front yards, 25 feet. b• For rear yards, 25 feet. C. For side yards, ten feet. ( The maximum height is as follows: a• For the principal structure, three stories /35 feet. b• For accessory structures, one story/15 feet. (Ord. No. 80, Art. V, § 7(5 -7 -5), 12- 15-86, Ord. No. 377, § 88, 5- 24 -04). Secs. 20- 656 -20 -670. - Reserved. http: / /library.municode.coml print. aspx? h= &clientID= 14048 &HTMRequest= http %3 a %2f... 9/27/2012 Municode Page 1 of 7 Chanhassen, Minnesota, Code of Ordinances >> - CITY CODE >> Chapter 20 - ZONING >> ARTICLE XXIII. - GENERAL SUPPLEMENTAL REGULATIONS >> DIVISION 2. - PERFORMANCE STANDARDS >> DIVISION 2. - PERFORMANCE STANDARDS Sec. 20 -951. - Noise. Sec. 20 -952. - Smoke and particulate matter. Sec. 20 -953. - Toxic or noxious matter. Sec. 20 -954. - Odors and air pollution. Sec. 20 -955. - Nuisances. Sec. 20 -956. - Radiation and electrical emissions. Sec. 20 -957. - Vibration. Sec. 20 -958. - Glare or heat. Sec. 20 -959. - Explosives. Sec. 20 -960. - Surface water management. Sec. 20 -961. - Reserved. Sec. 20 -962. - Camping facilities. Sec. 20 -963. - Drive - through facilities. Sec. 20 -964. - Temporary outdoor events, seasonal and sidewalk sales activities. Secs. 20- 965-20 -975. - Reserved. Sec. 20 -951. - Noise. Noise shall be muffled or otherwise controlled so as not to become a nuisance. Noise levels shall be regulated by the standards of the state pollution control agency. (Ord. No. 80, Art. VI, § 1(6 -1 -1), 12- 15-86) Sec. 20 -952. - Smoke and particulate matter. The ambient air quality standards of the state pollution control agency shall apply to the release of airborne materials within the city. (Ord. No. 80, Art. VI, § 1(6 -1 -2), 12- 15-86) Sec. 20 -953. - Toxic or noxious matter. The state pollution control agency standards governing toxic or noxious matter shall apply in the city. (Ord. No. 80, Art. V1, § 1(6 -1 -3), 12- 15-86) Sec. 20 -954. - Odors and air pollution. The state pollution control agency standards governing odors and air pollution shall apply in the city. (Ord. No. 80, Art. V1, § 1(6 -1 -4), 12- 15-86) http: / /library.municode.coml print. aspx? h= &clientID= 14048 &HTMRequest =http %3 a %2f... 9/27/2012 Municode Sec. 20 -955. - Nuisances. Page 2 of 7 No land, existing building or proposed structure shall be used or occupied in any manner creating dangerous, noxious or otherwise objectionable conditions which could adversely affect the surrounding area. (Ord. No. 80, Art. VI, § 1(6 -1 -5), 12- 15-86) Sec. 20 -956. - Radiation and electrical emissions. No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment including, but not limited to, radio and television reception other than that of the creator of the disturbance. (Ord. No. 80, Art. VI, § 1(6 -1 -6), 12- 15-86) Sec. 20 -957. - Vibration. (a) Any use creating periodic earth- shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. (b) Subsection (a) does not apply to vibrations created during the process of construction. (Ord. No. 80, Art. VI, § 1(6 -1 -7), 12- 15-86) Sec. 20 -958. - Glare or heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R districts and public streets. (Ord. No. 80, Art. VI, § 1(6 -1 -8), 12- 15-86) Sec. 20 -959. - Explosives. Any use requiring the storage, use or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any R district line, provided that this section shall not apply to the storage or use of liquefied petroleum or natural gas for normal residential or business purposes. (Ord. No. 80, Art. VI, 1(6 -1 -9), 12- 15 -86) Sec. 20 -960. - Surface water management. All development shall comply with the city's surface water management plan dated February 1994, which is incorporated herein by this reference. (Ord. No. 227, § 1, 10- 24 -94) Sec. 20 -961. - Reserved. http: / /library.municode. com/ print. aspx? h= &clientID= 14048 &HTMRequest =http %3 a %2f... 9/27/2012 Municode Sec. 20 -962. - Camping facilities. Page 3 of 7 (a) Camping or occupying camp facilities in the following areas is prohibited unless in a city - approved campground or with prior city authorization: ( Any park; ( Any street; ( Any publicly owned parking lot or publicly owned area, improved or unimproved. (b) Camping, occupying camp facilities on a lot or parcel for more than seven consecutive days or more than 21 days in a 365 -day period is prohibited. (Ord. No. 377, § 120, 5- 24 -04, Ord. No. 377, § 120, 5- 24 -04) Sec. 20 -963. - Drive - through facilities. Drive - through facilities for any use shall comply with the following standards: (1) They shall not be located adjacent to any residential lot lines. ( They shall be provided with a suitable visual screen from adjacent properties. ( Stacking shall be provided within applicable parking lot setbacks. ( Stacking shall meet the following standards: a• Fast -food restaurant: Six cars per aisle. b. Banks: Three cars per aisle. C. Pharmacy: Two cars per aisle. d• All other uses: Two cars per aisle. ( The city may require a vehicle stacking study to determine whether more or less stacking shall be required for a particular use. ( Stacking areas shall not interfere with vehicular circulation in the parking lot, nor encroach into any required drive aisles. ( Speaker or intercom system shall not be audible at the property line. (Ord. No. 474, § 17,10-13-08) Sec. 20 -964. - Temporary outdoor events, seasonal and sidewalk sales activities. (1) Purpose. Temporary outdoor events, seasonal and sidewalk sales activities in a business, office, commercial, institutional or industrial districts 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, seasonal and sidewalk sales activities 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 events, seasonal and sidewalk sales activities in the following manner: a• Establish standards which permit businesses an opportunity to conduct temporary outdoor sales: Ensure that temporary outdoor events, seasonal and sidewalk sales activities do not create safety hazards by occupying required parking spaces, emergency access, or impede the efficient movement of pedestrian and vehicular traffic. b. http: / /Iibrary.municode.com/ print. aspx? h= &clientID= 14048 &HTMRequest= http %3a %2f... 9/27/2012 Municode Page 4 of 7 Provide standards, guidelines, and procedures for an administrative review of temporary outdoor events, seasonal and sidewalk sales permits; C. Provide a means of allowing city -wide 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; f• Allow temporary events, seasonal and sidewalk sales activities which require an outdoor location; 9• Limit temporary outdoor sales to activities which are short-term or seasonal and which do not require permanent improvements to the site; and h• Allow temporary outdoor events such as concerts, car shows, customer appreciation, business employee appreciation, etc. ( 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 outdoor events, seasonal and sidewalk sales activities 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; C. Temporary outdoor events, seasonal or sidewalk sales activities 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 outdoor events, seasonal and sidewalk sales activities may conflict with existing and neighboring uses. ( Application for permit. No person shall engage in any temporary outdoor event, seasonal or sidewalk sales activity without a permit issued pursuant to this section. The application of a permit shall be made as follows: a• Application for an administrative permit for a temporary outdoor event, seasonal, or sidewalk 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 days prior to the date of the requested activity. 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 the ordinance from which this section derives. Permit fees shall reflect the costs of reviewing and processing permits, as well as costs associated with periodic enforcement activities and compliance checks. ( Required information and plans. The applicant shall provide the following information and plans: http: / /library.municode.coml print. aspx? h= &clientID= 14048 &HTMRequest =http %3 a %2f... 9/27/2012 Municode Page 5 of 7 a. A concise statement describing the proposed activity, 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 exits, 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 activity 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 outdoor events, seasonal or 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. ( Criteria for approval. Criteria for permit approval includes the following: a• The temporary outdoor event, seasonal or sidewalk sales activity 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). 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 proposed activity can and will be provided for the duration of the activity. Determination of compliance with this requirement shall be made by the planning director, who shall consider the nature of the activity 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 multi- tenant buildings. d• Property owners and tenants' signature(s) are required to locate a temporary outdoor event, seasonal or sidewalk sales activity on private property and /or in front of another tenant's space. e. http: / /Iibrary.municode.com/ print. aspx? h= &clientID= 14048 &HTMRequest =http %3 a %2f... 9/27/2012 Municode (7) Page 6 of 7 The temporary outdoor event, seasonal or sidewalk sales activity 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. Limitations; general conditions. a• Permitted temporary outdoor sales activities are limited to the following: i• Christmas tree sales. ii. Seasonal produce stands. iii. Temporary food and beverage sales. iv. Sidewalk sales. b• The following shall apply to all proposed temporary outdoor event, seasonal or sidewalk 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 administrative permit and, in no case, shall exceed 120 days per calendar year per property or center. There shall be no more than three sales activities per year per property or center. Temporary outdoor events and 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. Christmas tree sales shall expire December 26. 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. X. All other pertinent city and state permits must be obtained. A. The approved permit shall be kept on the premises for the duration of the activity. xii. No outside speaker systems shall be allowed without approval from the city. 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: Display may not interfere with pedestrian access. ii. Display may not occupy required parking spaces. Display must be located adjacent to primary structure. iv. Display may not have separate lighting from primary structure. V. Erection of display is permitted during business hours only. ( Administration and enforcement. a. http : / /library.municode.comlprint. aspx ?h= &clientID= 14048 &HTMRequest= http %3a %2f... 9/27/2012 Municode Page 7 of 7 The community development director may, upon written notice, suspend or revoke the temporary outdoor event, seasonal, or sidewalk 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 person or organization to operate, open, maintain, manage or conduct any temporary outdoor event, seasonal, or sidewalk 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. (Ord. No. 511, § 1, 10- 11 -10) Secs. 20- 965-20 -975. - Reserved. http: / /library.municode.coml print. aspx? h= &clientID= 14048 &HTMRequest =http %3 a %2f... 9/27/2012 0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Ashley Mellgren, Planning Intern DATE: June 11, 2012 ok6,p SUBJ: City Code Amendment Issue Paper — Senior Living On June 5, 2012, the Planning Commission held an open discussion regarding a suitable definition for two senior living establishments proposed for the City of Chanhassen. Current standards outlined in the City Code allow for the senior living establishments to operate as group homes. A group home is defined in Chapter 1, Section 1 -2 as follows: "Group home means a state - licensed residential facility where persons reside for a purpose of rehabilitation, treatment or special care. Such persons may be orphaned, suffer chemical or emotional impairment or suffer social maladjustment. " Further, Chapter 20, Section 20 -260 limits persons allowed to reside in a group home by stating, "The following applies to group homes for seven [7] to sixteen [16] people. " The senior living establishments are not adequately defined by the definition of a group home since it does not appropriately address the operations of the facilities. Furthermore, the proposed senior living establishments would be for more than sixteen persons. Staff believes Continuing Care Retirement Facility is the most suitable definition for the senior living establishment and requested the Planning Commission offer direction on the revision of the ordinance. Staff proposed the following definition: Continuing Care Retirement Facility means "a state - licensed facility where senior- citizen aged persons reside. Such persons may be furnished with board, lodging, and nursing, medical service or other health - related service. Planning Commission advised staff to generate comments from the Senior Commission as there may be financial benefits for the residents depending on the type of facility. There was also discussion as to whether memory care would be considered when responding to the proposal. Staff responded stating that at this time the proposals are not considering the inclusion of memory care, but that staff would further discuss the possibility of its inclusion. Attachment: Planning Commission Staff Report dated June 5, 2012. g:\plan \am \memos \senior living_61 l.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow 10T MEMORANDUM CITY OF TO: Planning Commission CHMNSFN FROM: Ashley Mellgren, Planning Intern 7700 Market Boulevard DATE: PO Box 147 Chanhassen, MN 55317 SUBJ• Administration Phone: 952.227.1100 Fax: 952.227.1110 BACKI June 5, 2012 o k(,p, City Code Amendment Issue Paper — Senior Living Chapters 1 — 2, General Provisions Chapter 20, Zoning sROUND Building Inspections The City of Chanhassen has had discussions regarding two proposals for senior living Phone: 952.227.1180 establishments. The facilities contain separate bedrooms sharing common living Fax: 952.227.1190 spaces. The current standards outlined in the City Code allow for the senior living Engineering establishment to operate as a group home. Phone: 952.227.1160 Fax: 952.227.1170 A group home is defined in Chapter 1, Section 1 -2 as follows: Phone: Finance "Group home means a state - licensed residential facility where persons reside for a 7.1140 Fax: 952.227.1110 purpose of rehabilitation, treatment or special care. Such persons may be orphaned, suffer chemical or emotional impairment, or suffer social maladjustment or Park & Recreation dependency. " Phone: 952.227.1120 Fax: 952.227.1110 The Group Home definition as found in Section 1 -2 is not suitable to define the senior living establishment proposal since it does not adequately address the operations of Recreation Center such facilities. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Further, Chapter 20, Section 20 -260 limits persons allowed to reside in group home by stating "The following applies to group homes for seven [7] to sixteen [16] Planning & people. " The proposed senior living establishments would be for more than sixteen Natural Resources [16] persons. Phone: 952.227.1130 Fax: 952.227.1110 Staff recommends a more suitable definition for the proposed senior living Public Works establishment. 7901 Park Place Phone: 952.227.1300 DISCUSSION Fax: 952.227.1310 Issue: In Section 1 -2 and Section 20 -260: Senior Center Phone: 952.227.1125 Fax: 952.227.1110 The proposed senior living establishment could operate as a group home and is allowed to operate with sixteen or fewer persons under Chanhassen City Code; Web Site however, the following may be a more suitable description of the living facilities www.ci.chanhassen.mn.us proposed for the City of Chanhassen: Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Senior Living Issue Paper June 5, 2012 Page 2 • Continuing Care Retirement Facility means "a state - licensed facility where senior- citizen aged persons reside. Such persons may be furnished with board, lodging and nursing service, medical service, or other health related service. " As defined by the Minnesota State Statute 80D.02 subdivision 2 "continuing care is the furnishing to an individual, other than an individual related by blood or marriage to the person furnishing the care, of board, lodging, and nursing service, medical service or other health - related service, regardless of whether or not the lodging and service is provided at the same location, pursuant to a written agreement effective for the life of the individual or for a period of time in excess of one year, which is conditioned upon the payment of an entrance fee of $100 and the payment of regular periodic charges for the care provided." Staff recommends the term Continuing Care Retirement Facility as a more accurate description for the senior living establishment proposals. Senior Congregate Housing means "a residential facility with communal dining and services, such as housekeeping, transportation services and other support services appropriate for the residents. " After review of other City Codes, staff determined Senior Congregate Housing to be categorized as a group home. Senior Congregate Housing may be a suitable description for the living establishments but notes that it is categorized as a group home. • Assisted Living Facility means "state- licensed facility where adult persons reside to receive assistance with daily activities provided by staff." As defined by Minnesota State Statute 144G.01, subdivision 2 "assisted living means a service or package of services advertised, marketed or otherwise described, offered or promoted using the phrase "assisted living" either alone or in combination with other words and which is subject to requirements of this chapter." Assisted Living Facilities allow for higher densities than allowed in residential zones. Other cities have only allowed Assisted Living Facilities as a conditional use. The Assisted Living Facility designation will limit persons residing in the facility to a certain level of care. This level of care is between independent living and what is provided in skilled nursing facilities. Assisted Living Facility may be a suitable description for the senior living establishments. Housing with Services Establishment for the Elderly means "Housing accommodations for one or more adult residents. Residents are offered or provided with one or more regularly scheduled health - related service. " Planning Commission Senior Living Issue Paper June 5, 2012 Page 3 As defined by Minnesota State Statute 144D.06, subdivision 4 "housing with services establishment means providing sleeping accommodations to one or more adult residents, at least 80% of which are 55 years or older, and offering or providing, for a fee, one or more regularly scheduled health - related services or two or more regularly scheduled supported services, whether offered or provided directly by the establishment or by another entity arranged by the establishment." Housing with Services Establishment for the Elderly will limit the establishment to seniors aged 55 and older and will eliminate opportunities for lodging for battered women, residential settings for developmental disabilities, and for residents that are related. Housing with Services Establishment for the Elderly may be a suitable description of the proposed senior establishment. • Intermediate Care Facility for the Elderly means "a residential facility which undertakes through its ownership or management the providing of twenty-four [24] hour personal services and health related care for its residents. Care provided is less intensive than care provided by a hospital or skilled nursing facility. " Staff finds further definition of "personal services" and "health -care related services is needed. "Personal services means in addition to housing and minimum of two [2] meals a day, assistance with activities of daily living, including bathing, dressing, eating, mobility and continence. " "Health care related services means limited medical supervision by licensed or qualified persons, to persons who require such assistance but who do not require the degree of care and treatment provided in hospitals or skilled nursing homes. " Intermediate Care Facilities for the Elderly may be a suitable description for the senior living establishment but notes the need the addition for personal care and health care related services definitions. • Long Term Care Facility for the Elderly means "a residential facility that provides healthcare under medical supervision for twenty-four [24] or more hours to two [2] or more persons aged fifty -five [55] and older. " Long Term Care Facilities describes group homes and skilled nursing facilities. Staff does not suggest Long Term Care Facilities for the Elderly as a suitable description for the proposals. Staff believes Long Term Care Facilities definition is broad and would allow for multiple uses.