1. Senior Living City Code Amendment MEMORANDUM 1
CITY OF TO: Planning Commission
CHANHASSEN FROM: Ashley Mellgren, Planning Intern
7700 Market Boulevard DATE: October 16, 2012
PO Box 147
Chanhassen, MN 55317
SUBJ: City Code Amendment Senior Living
• Section 1 -2, - Definition
Administration • Section 20 -652, - Permitted uses in an R -8 district
Phone: 952.227.1100 Chapter 20, Article XXIII, Division 2. — Performance
• Fax: 952.2271110
standards
Building Inspections • Section 4- 30(c)(4), - Fees set
Phone: 952.227.1180
Fax. 952.227.1190 PROPOSED MOTION: "The Chanhassen Planning Commission
Engineering recommends that City Council adopt the proposed amendments to the City
Phone: 952.227.1160 Code as outlined in the staff report."
Fax: 952.227.1170
Finance BACKGROUND
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
Phone: 952.227.1130 Staff referred to surrounding cities and their city code and sought comments from the
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 establishments
Phone: 952.227.1300 and the level of handicapped accessibility to the buildings. Staff replied that Waconia
Fax: 952.227.1310 and Shakopee hospitals service Chanhassen and that all rooms in the building would
Senior Center be handicapped accessible. Overall, the Senior Commission appreciated that
Phone: 952.2271125 Chanhassen is responding to desired options for the changing demographics by
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 a group home to define a senior living
establishment.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
October 16, 2012
Page 2 of 5
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 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 suitable for
all medium density zoning districts. Staff is recommending a code amendment creating a new
definition for senior care called 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:
(1) "an establishment providing sleeping accommodations to one or more adult residents, at
least 80 percent of which are 65 years of age or older, and offering or providing, for a
fee, one or more regularly scheduled health- related services or two or more regularly
scheduled supportive services, whether offered or provided directly by the establishment
or by another entity arranged for by the establishment; or
(2) an establishment that registers under section 144D.025.
Continuing care retirement facility does not include:
(1) a nursing home licensed under chapter 144A;
(2) a hospital, certified boarding care home, or supervised living facility licensed under
sections 144.50 to 144.56;
(3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts
9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100
to 9530.4450, or under chapter 245B;
(4) a board and lodging establishment which serves as a shelter for battered women or
other similar purpose;
(5) a family adult foster care home licensed by the Department of Human Services;
(6) private homes in which the residents are related by kinship, law, or affinity with the
providers of services;
(7) residential settings for persons with developmental disabilities in which the services are
licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable successor
rules or laws;
(8) a home - sharing arrangement such as when an elderly or disabled person or single - parent
family makes lodging in a private residence available to another person in exchange for
services or rent, or both;
(9) a duly organized condominium, cooperative, common interest community, or owners'
Planning Commission
October 16, 2012
Page 3 of 5
association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by individuals
who are the owners, members, or shareholders of the units; or
(10)services for persons with developmental disabilities that are provided under a license
according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1,
1998, or under chapter 245B.
Supportive services. "Supportive services" means help with personal laundry,
handling or assisting with personal funds of residents, or arranging for medical services,
health - related services, social services, or transportation to medical or social services
appointments. Arranging for services does not include making referrals, assisting a resident in
contacting a service provider of the resident's choice, or contacting a service provider in an
emergency.
Health - related services. "Health- related services" include professional nursing
services, home health aide tasks, and home care aide tasks identified in Minnesota Rules, parts
4668.0100, subparts 1 and 2; and 4668.0110, subpart 1; or the central storage of medication for
residents.
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 the medium and high 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 XXX of this chapter.
(6) Continuing care retirement facility
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:
Planning Commission
October 16, 2012
Page 4 of 5
(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) The parking areas shall be screed 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 a 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 a 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 that of 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:
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 /dwelling
Duplex $5,000.00 /dwelling
Multi-family/apartment units $3,800.00 /dwelling
Continuing care retirement facility $500.00 /bed
Commercial/industrial $12,500.00 /acre
Planning Commission
October 16, 2012
Page 5 of 5
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.
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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:
(1) an establishment providing sleeping accommodations to one or more adult residents, at
least 80 percent of which are 65 years of age or older, and offering or providing, for a fee,
one or more regularly scheduled health- related services or two or more regularly
scheduled supportive services, whether offered or provided directly by the establishment
or by another entity arranged for by the establishment; or
(2) an establishment that registers under section 144D.025.
Continuing care retirement facility does not include:
(1) a nursing home licensed under chapter 144A;
(2) a hospital, certified boarding care home, or supervised living facility licensed under
sections 144.50 to 144.56;
(3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules,
parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or
9530.4100 to 9530.4450, or under chapter 245B;
(4) a board and lodging establishment which serves as a shelter for battered women or
other similar purpose;
(5) a family adult foster care home licensed by the Department of Human Services;
(6) private homes in which the residents are related by kinship, law, or affinity with the
providers of services;
(7) residential settings for persons with developmental disabilities in which the services are
licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable successor
rules or laws;
(8) a home - sharing arrangement such as when an elderly or disabled person or single - parent
family makes lodging in a private residence available to another person in exchange for
services or rent, or both;
(9) a duly organized condominium, cooperative, common interest community, or owners'
association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by individuals
who are the owners, members, or shareholders of the units; or
1
(10)services for persons with developmental disabilities that are provided under a license
according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1,
1998, or under chapter 245B.
Supportive services. "Supportive services" means help with personal laundry,
handling or assisting with personal funds of residents, or arranging for medical services,
health - related services, social services, or transportation to medical or social services
appointments. Arranging for services does not include making referrals, assisting a resident in
contacting a service provider of the resident's choice, or contacting a service provider in an
emergency.
Health - related services. "Health- related services" include professional nursing
services, home health aide tasks, and home care aide tasks identified in Minnesota Rules, parts
4668.0100, subparts 1 and 2; and 4668.0110, subpart 1; or the central storage of medication for
residents.
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.
2
(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 /dwelling
Duplex $5,000.00 /dwelling
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 Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on )
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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.
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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 Tots.
( 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.
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.
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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. VI, § 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. VI, § 1(6 -1 -4), 12- 15-86)
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Sec. 20 -955. - Nuisances.
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 Tight transmission shall be
performed with the necessary shielding to prevent such heat or Tight 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.
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Sec. 20 -962. - Camping facilities.
(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 Tess
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.
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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. AIIow 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. AIIow temporary events, seasonal and sidewalk sales activities which require an
outdoor location;
g. Limit temporary outdoor sales to activities which are short-term or seasonal and which
do not require permanent improvements to the site; and
h. AIIow 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.
(3) 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:
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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.
( 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.
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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:
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:
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.
ii. 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.
iii. 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.
xi. 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.
iii. 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.
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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.
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MEMORANDUM
CITY OF TO: Todd Gerhardt, City Manager
CHINA wSEN FROM: Ashley Mellgren, Planning Intern
7700 Market Boulevard
PO Box 147 DATE: June 11, 2012
Chanhassen, MN 55317
SUBJ: City Code Amendment Issue Paper — Senior Living
Administration
Phone: 952.227.1100 On June 5, 2012, the Planning Commission held an open discussion regarding a suitable
Fax: 952.227.1110 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
Building Inspections operate as group homes.
Phone: 952.227.1180
Fax: 952.227.1190
A group home is defined in Chapter 1, Section 1 -2 as follows:
Engineering
Phone: 952.227.1160 "Group home means a state - licensed residential facility where persons reside for a
Fax: 952.227.1170 purpose of rehabilitation, treatment or special care. Such persons may be orphaned,
suffer chemical or emotional impairment or suffer social maladjustment."
Finance
Phone: 952.227.1140
Fax: 952.227.1110 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."
Park & Recreation
Phone: 952.227.1120 The senior living establishments are not adequately defined by the definition of a group
Fax: 952.227.1110 home since it does not appropriately address the operations of the facilities. Furthermore,
Recreation Center
the proposed senior living establishments would be for more than sixteen persons.
2310 Coulter Boulevard
Phone: 952.2271400 Staff believes Continuing Care Retirement Facility is the most suitable definition for the
Fax: 952.227.1404 senior living establishment and requested the Planning Commission offer direction on the
revision of the ordinance.
Planning &
Natural Resources
Phone: 952.227.1130 Staff proposed the following definition: Continuing Care Retirement Facility means « a
Fax: 952.227.1110 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
Public Works service.
7901 Park Place
Phone: 952.227.1300 Planning Commission advised staff to generate comments from the Senior Commission
Fax: 952.227.1310 as there may be financial benefits for the residents depending on the type of facility.
Senior Center There was also discussion as to whether memory care would be considered when
Phone: 952.227.1125
Fax: 952.227.1110 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
Web Site possibility of its inclusion.
www.ci.chanhassen.mn.us
Attachment: Planning Commission Staff Report dated June 5, 2012.
g: \plan \am \memos \senior Iiving_611.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
MEMORANDUM 5
CITY OF TO: Planning Commission
CH A HASSEN FROM: Ashley Mellgren, Planning Intern
7700 Market Boulevard DATE: June 5, 2012 0 (,Q,
PO Box 147
Chanhassen, MN 55317 SUBJ: City Code Amendment Issue Paper — Senior Living
Chapters 1 — 2, General Provisions
Administration Chapter 20, Zoning
Phone: 952.227.1100
Fax: 952.227.1110 BACKGROUND
Building Inspections The City of Chanhassen has had discussions regarding two proposals for senior living
Phone: 952.227.1180
Fax: 952.2271190 establishments. The facilities contain separate bedrooms sharing common living
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:
Finance
Phone: 952.2271140 "Group home means a state - licensed residential facility where persons reside for a
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
2310 Coulter Boulevard such facilities.
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
Phone: 952.227.1130 [16] persons.
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.