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CC WS Staff Report 2-10-20CITY COUNCIL STAFF REPORT Monday, February 10, 2020 Subject Discuss Paisley Park PUD Amendment Section 5:00 P.M. ­ WORK SESSION Item No: A.1. Prepared By MacKenzie Young­Walters, Associate Planner File No:  SUMMARY During the work session on January 27, 2020, the City Council instructed staff to draft language amending Paisley Park’s Planned Unit Development (PUD) ordinance to allow for additional flexibility in the number and types of events held at Paisley Park. Staff is proposing language that would allow Paisley Park to hold an unlimited number of indoor events with 200 or less attendees and one outdoor event per calendar year, subject to the requirements of the city’s special event ordinance. If the City Council directs staff to pursue the amendment, it would go before the Planning Commission for a Public Hearing on March 17, 2020 before returning to the Council for a final vote on April 13, 2020. A full discussion of the proposed amendment can be found in the attached staff report. RECOMMENDATION Staff is requesting the City Council provide direction on desirability of the proposed PUD amendment. ATTACHMENTS: Staff Report Paisley Park Proposed Amendment Special Events Ordinance CITY OF CHAI'IHASSIN Chanhassen is a Community for Life- Providing for Today and planning for Tomonow MEMORANDUM TO: Todd Gerhardt, City Manager FROM:Kate Aanenson, Community Development Director Don Johnson, Fire Chief MacKenzie Young-Walters, Associate Planner DATE: February 10,2020 SUBJ:Paisley Park Events Amendment During the work session on January 27,2020, the City Council instructed staff to draft language amending Paisley Park's Planned Unit Development (PUD) ordinance to allow for additional flexibility in the number and types ofevents held at Paisley Park. Staffis proposing language that would allow Paisley Park to hold an unlimited number of indoor events with 200 or less attendees and one outdoor event per calendar year, subject to the requirements ofthe city's special event ordinance. A full discussion ofeach proposed change can be found below. If the City Council directs saffto pursue the amendment, it would go before the Planning Commission for a Public Hearing on March 17, 2020 before renming to the Council for a final vote on April 13,2020. On October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned Paisley Park from Industrial Office Park (lOP) to Planned Unit Development (PUD). Ordinance 616 allowed for the use ofthe site as a museum and recording studio with accessory sales and up to 12 indoor concerts per calendar year. Both alcohol sales and outdoor events were listed as prohibited uses within the PUD. On January 8, 2018, the Chanhassen City Council approved Ordinance 630 amending the PUD to allow for alcohol to be sold fiom January 29, 2018 through February 5, 2018. On January 14,2019, the Chanhassen City Council approved Ordinance 638 amending the PUD to allow for alcohol sales in conjunction with a temporary event permit. On January 27,2020, the Chanhassen City Council discussed the potential for amending the PUD to allow for additional events. PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110 77OO MARKEI BOULEVARD . PO BOX I47 . CHANHASSEN . MINNESOTA 55317 SUMMARY BACKGROUND Todd Gerhardt Paisley Park Events Amendment February 10,2020 Page 2 DISCUSSION Note: In the following section, text in bold is new language and text in sdketh+eugh is deleted language. Change l: Indoor Events wilh over 200 attendees Staff is proposing amending the indoor concert provision to read: Permitted Uses: Twelve ( l2) indoor eonee*ts events with over 200 attendees per calendar year. An eeneetr event-specific seating plan and temporary event permit must be filed with the city at least ten (10) days in advance ofeach event eenee+.-Aleehel ir. These changes would mean that only indoor events with over 200 attendees would require a temporary event permit. Last year only six ofPaisley Park's events exceeded 200 attendees, which means exempting smaller events from the event cap will gant them the ability to host twice as many larger events per year going forward. Staff believes that the building's A-3 occupancy justifies maintaining a cap on the number of larger events held in the building each year. Staff does not believe that any regulation of liquor sales beyond what is provided for by general liquor laws is required and is subsequently recommending removal ofthe language requiring a temporary event pennit to serve alcohol. Change 2: Indoor Events with less thqn 200 attendees. Staff is proposing amending the private event provision to read Permitted Uses: Private events with 200 or less attendees. @ The proposed changes would make it clear that private events with 200 or less attendees are a permitted use within the PUD. Language requiring the filing ofan event specific seating plan with the city was removed at the request ofthe Fire Chiel who did not believe any fire safety provisions beyond what are ordinarily required were necessary for events of this scale. The proposed changes would allow Paisley Park to host as many small events as they wanted throughout the year, with or without alcohol. Historically, there have no complaints or issues with these small events and staff does not believe it is necessary to require a temporary event permit for indoor events that can be entirely accommodated on site. ) 4. Todd Gerhardt Paisley Park Events Amendment February 10,2020 Page 3 Change 3: Outdoor Events Staff is proposing amending the outdoor events provisions to read: Permitted Uses: One (l) outdoor event per calendar year. This event requires a special event permit and is subject to all requirements of Section 20-964 of the City Code. Prohibited Uses: 2-€utdeer-even+s- The proposed changes would remove the existing prohibition on outdoor events and allow Paisley Park one outdoor event per year. This event would need to meet all standards ofthe city's special event ordinance and permitting process. Staff is proposing this change as a mechanism to allow for a trial outdoor event. Ifthe event was successful, a subsequent amendment could allow for additional events. The city's special event ordinance contains provisions that allow staffto evaluate the impact a proposed event will have upon traffic and surrounding properties, as well as application requirements that include receiving all other relevant permits. For example, an outdoor event at Paisley Park would also require a loudspeaker permit that would require that event noise be kept at a reasonable level and that the use of sound amplification equipment cease by l0:00 p.m. The special event ordinance also allows the city to impose conditions on a proposed event to mitigate any potential negative impacts. The conditions could include the details ofa traffic and pedestrian access plan, a limit on the maximum number ofaftendees, escrow requirements to ensure the cleanup and restoration ofpublic property, the presence ofpublic safety personnel, event screening, or any other conditions that the city determined was necessary to mitigate the event's impact on traffic, parking, public safety. or other municipal services. Staffbelieves the existing special event ordinance provides the best available framework for reviewing and permitting an outdoor event at Paisley Park. ALTERNATIVES 8 Staff is requesting City Council direction on desirability of the proposed PUD amendment. I . Direct staff to bring the proposed changes before the Planning Commission for a Public Hearing. 2. Direct staff to retum with an amended proposal. 3. Direct staff not to propose the PUD amendment. Todd Gerhardt Paisley Park Events Amendment February 10,2020 Page 4 ATTACHMENTS PUD Ordinance (with proposed amendments) Event Ordinance G:\PLAN\MW\Reference-Examples-Templates-Misc\Paisley Patk Even$2.docx 1 2 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 616 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is amended by rezoning the following described property (“Subject Property”) to PUD, Planned Unit Development: Lot 11, Block 1, Chanhassen Lakes Business Park, Carver County, MN Section 2. Paisley Park Planned Unit Development a. Intent The purpose of this rezoning is to create a PUD zoning district for Paisley Park. The uses, development standards and regulations of the IOP, Industrial Office Park District shall apply subject to the following modifications: b. Permitted Uses. Only the following uses are permitted: 1. Museum. 2. Recording studio. 3. Retail sales of products stored or manufactured on the site provided no more than twenty percent (20%) of the floor space is used for retail sales. These sales may include food, beverages and memorabilia. 4. Twelve (12) indoor concerts events with over 200 attendees per calendar year. An concert event-specific seating plan and temporary event permit must be filed with the City at least ten (10) days in advance of each event concert. Alcohol may only be served in conjunction with a Temporary Event Permit. 5. Private events with 200 or less attendees. An event-specific seating plan must be filed with the City at least ten (10) days in advance of each event. 6. Office. 7. Multiple buildings on a lot. 8. One (1) outdoor event per calendar year, this event requires a special event permit and is subject to all requirements of Section 20-964 of the City Code. c. Conditional Uses. The following conditional use is permitted: 1. Hotel. 2 d. Prohibited Uses. The following uses are prohibited: 1. All conditional and permitted uses not listed as permitted or conditional uses. 2. Outdoor events. e. Materials and Design Fence: Fences shall comply with City Code requirements including the Buffer Yard requirements, except that fences may be opaque to provide security screening. f. Development Plans and Regulations. The PUD must be maintained in accordance with the following development plans which are on file with the City and which are incorporated herein by reference: 1. Site Plan – SRF Consulting Group, Inc. Parking Study dated September 15, 2016, Figure 5, Option 1, with a north access right-in for buses only and right-out only for buses, and passenger vehicles. 2. The tent identified on the Site Plan may only be used for the sale of food, beverages and memorabilia. 3. A hotel may only be in the round building on the Site Plan and may not exceed 35 guest rooms. 4. Site Improvement Performance Agreement approved by the Chanhassen City Council on October 24, 2016. 5. Landscaping along the east side of Audubon Road is required and shall include roses, junipers and barberry. g. Parking 1. Parking lots and parking spaces shall comply with city code requirements. 2. If guests only arrive to the site by a shuttle bus the tour size shall be limited by the maximum occupancy under the Fire Code. 3. Audubon Road must be striped to include a left turn lane into the southern access. 4. All required permits, including from the Riley-Purgatory-Bluff Creek Watershed District, must be obtained prior to installing the pavement. 5. The north access shall be limited to a right-in for buses only and right-out of the site for buses and passenger vehicles. 3 6. The traffic signal at Highway 5 and Audubon Road must be optimized based on the SRF study. 7. The number of guests allowed on the site shall be limited so that either (a) there are a sufficient number of on-site parking spaces to accommodate guests who arrive by a personal vehicle, or (b) guests arrive and depart by bus. 8. Until all parking requirements have been constructed, all access to the site shall be by bus with the exception of employees, contractors and 40 guest cars per hour maximum. 9. If the on-site parking is inadequate, the maximum allowable tour size shall be reduced to a level where the on-site parking is sufficient, or the PUD and the site plan must be amended to provide more parking or guests shall be bused to and from the site. Any changes to the site plan are subject to review and approval by the City and other agencies with regulatory authority over the site. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this XX day of YY, 2020, by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Elise Ryan, Mayor (Published in the Chanhassen Villager on XX YY, 2020) Sec. 20-964. - Temporary outdoor events, sidewalk sales, seasonal sales and special events. (1) Purpose. It is the intent of this section to provide for temporary outdoor events, sidewalk sales, seasonal sales and special events 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 facilitating and regulating temporary outdoor events, sidewalk sales, seasonal sales and special events in the following manner: a. Establish standards which permit businesses and organizations to conduct temporary outdoor events, sidewalk sales and seasonal sales in zoning districts where they are permitted accessory uses, and permit businesses, organizations, and individuals to sponsor special events while: 1. Ensuring that temporary outdoor events, sidewalk sales, seasonal sales and special events do not create safety hazards by occupying required parking spaces, emergency access, by impeding the efficient movement of pedestrian and vehicular traffic, or by placing an excessive burden on city services. 2. Ensuring that appropriate and necessary insurances and licenses for temporary outdoor events, sidewalk sales, seasonal sales and special events are obtained. 3. Providing open and transparent standards, guidelines, and procedures for an administrative review of temporary events, sidewalk sales, seasonal sales and special events. b. Allow temporary events and sidewalk sales which require an outdoor location, while providing standards that will assure compatibility with the underlying zoning district and adjacent property uses. These events and sidewalk sales can include, but are not limited to, product demonstrations or promotions, employee or customer appreciation events, corporate anniversary celebrations and grand openings. c. Allow certain uses which are seasonal in nature, while providing standards that will assure compatibility with the underlying zoning district and adjacent property uses. These uses can include, but are not limited to, farmers' markets, produce stands, and outdoor sales associated with public or religious holidays. d. Limit temporary outdoor sales to activities which are short-term or seasonal and which do not require permanent improvements to the site. e. Allow for special events, while providing standards that assure the health, safety, general welfare, aesthetics, and image of the community. Special events can include, but are not limited to, concerts, car shows, races and walks, parades and festivals. (2) Findings. The city recognizes that temporary outdoor events, sidewalk sales, seasonal sales and special events play an important role in the success of businesses and in fostering an active, integrated, and appealing community. 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, sidewalk sales, seasonal sales and special events be controlled. Further, the city finds that: a. Temporary outdoor events, sidewalk sales, seasonal sales and special events are an integral component of economic development. b. Temporary outdoor events, sidewalk sales, seasonal sales and special events have a direct impact on and a relationship to the image of the community. 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 temporary outdoor events, sidewalk sales, seasonal sales and special events can adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. e. Uncontrolled temporary outdoor events, sidewalk sales, seasonal sales and special events may conflict with existing and neighboring uses. f. Temporary outdoor events, sidewalk sales, seasonal sales and special events can exceed the city's capacity to provide municipal services. These municipal services include, but are not limited to, sanitary facilities, fire, police and utility services. Regulation is needed to ensure that the health, safety and general welfare of the community are not negatively impacted. (3) Permit required. No person shall sponsor, host, or organize a temporary outdoor event, sidewalk sale, seasonal sale or special event without the relevant permit issued pursuant to this section. a. A temporary outdoor event permit shall be required for an activity which will be entirely confined to the applicant's property, will last no longer than 72 hours, and is not reasonably expected to impact traffic, parking, public safety, or other municipal services. Typically, temporary events and sidewalk sales requiring an outdoor location would require this permit. b. A seasonal sales permit shall be required for a commercial activity which will be entirely confined to the applicant's property, will last longer than 72 hours, and is not reasonably expected to impact traffic, parking, public safety, or other municipal services. Typically, seasonal sales requiring an outdoor location would require this permit. c. A special event permit shall be required for an activity which will require the use of public spaces or services, or which is reasonably expected to impact traffic, parking, public safety, or other municipal services. (4) Exemptions. The following events shall not require a permit under this section: a. Indoor events not reasonably expected to impact traffic, parking, public safety, or other municipal services. b. Noncommercial private events, including, but not limited to, weddings, wedding receptions, anniversaries, birthdays, family reunions, funeral processions and graduation parties. c. Events for which a public gathering permit has been issued as provided for in section 14-58; provided that, the event is entirely confined to a city park and cannot be reasonably expected to impact traffic, parking, public safety, or other municipal services. d. Community events organized by or in partnership with the City of Chanhassen. (5) Application for permit. The applicant shall submit an application for the relevant permit to the city manager or their designee. Applications for temporary outdoor events and seasonal sales permits shall be submitted on forms provided by the city at least ten business days prior to the date of the requested activity. Applications for special events shall be submitted on forms provided by the city at least 60 days prior to the date of the requested activity. They [The] city manager or their designee may waive the ten or 60-day requirement if they find extenuating circumstances require a shorter review period. Included with application should be: a. A signed letter of permission from the owner of the property, if different than applicant, stating that the applicant has permission to conduct the event. b. A concise statement describing the purpose and nature of the activity, description of any commercial activity, dates and times of operation, number of employees or volunteers involved, estimated number of attendees, provisions for on-site parking and security, and any other pertinent information required by the city manager or their designee to fully evaluate the application. c. A site plan or aerial photo of the property showing sufficient detail to evaluate the event's location and the placement of any temporary structures associated with the event. The city manager or their designee may require a copy of an approved site plan, drawn to scale, 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, chemical toilets and signs, when, in their judgement, such a plan is necessary to properly evaluate the permit. d. An accurate floor plan of any building on the property, when, in the judgment of the city manager or their designee, such a plan is necessary to properly evaluate the location of the activity and the effectiveness of building entrances and exits. e. Proof of liability insurance. The certificate of insurance must name the city, its officials, employees and agents as additional insured. The limits of insurance will not be less than: $1,000,000.00 each occurrence; $2,000,000.00 general aggregate. The city may waive or reduce this requirement in the event that: 1. The applicant signs a verified statement that the required insurance coverage cannot be obtained; or 2. The city manager or their designee determines that the insurance requirements are in excess of the risk presented by the proposed activity. f. Applications or valid permits for all regulated activities associated with the event including, but not limited to, loudspeaker or similar device, temporary lifting of no parking requirements, street closures for neighborhood events, race addendum and those required for the sale of produce, prepared food, and/or alcohol. g. If applying for a special event permit the applicant shall also provide: 1. A list of public spaces or services the event requires. 2. A statement detailing the events expected impact on traffic, parking, public safety, and any other relevant public services. A detailed plan for how the applicant will manage and mitigate these impacts shall also be included. h. 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. (6) Procedure. The application will be processed as follows: a. The city manager or their designee 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 sales, or special events as set forth in this section. The application shall also be reviewed by the public safety department and any other appropriate review agencies. b. If the proposal is in compliance with all applicable codes, ordinances, and the general and specific standards for temporary outdoor events, seasonal sales or special events as set forth in this section, a written permit shall be issued to the applicant. Any conditions necessary to assure compliance with applicable codes, ordinances, and the standards in this section shall be attached to the permit. c. If the city manager or their designee finds grounds for denying the permit, these findings 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 brings the proposal into compliance. d. If the city manager or their designee deny an application for a temporary outdoor event, seasonal sale or special event, the applicant may appeal the decision to the city council. Such an appeal must be submitted to the city manager in writing no later than ten days from the date of the decision. (7) Grounds for denial. A sales or event permit application may be denied if based on the application and other relevant information, the city finds that: a. Information contained in the application or otherwise submitted by the applicant is false or insufficient to allow for an effective evaluation of the proposed sale or event. b. The applicant fails to provide required or requested supplemental information after having been notified by the city that additional documentation is required. c. The applicant fails to agree to all conditions and terms of permit. d. The applicant has outstanding fees due to the city, unresolved code enforcement or noncompliant building permit issues, has violated the terms and conditions of a previously issued sale or event permit, or has had a previously issued sale or event permit revoked by the city. e. The type of sale or event is not permitted by zoning or other statute. f. The time, hours, location, size, or nature of the sale or event will substantially disrupt or burden traffic, parking, public safety, or other municipal services and the city does not have sufficient resources to mitigate these impacts. g. The location or time of the sale or event conflicts with previously scheduled sales or events, and the city does not have sufficient resources available to adequately support both sales or events and/or normal operation of the city. h. The location of the sale or event would interfere with construction or maintenance work scheduled to take place upon or along public property or right-of-way. i. The location of the sale or event would cause undue hardship for adjacent uses. j. The sale or event is likely to endanger public safety, health or property. k. The applicant does not have the required liability insurance. l. The sale or event proposes to sell merchandise not normally sold or stocked by the occupants of the premises. Seasonal sales permits are exempted from this requirement, as is the sale of goods determined to be accessory to a proposed event (i.e. food truck or concession sales during an event or the limited sale of goods as part of a charity event). (8) Permit conditions. The city may place conditions on the time, place, and other aspects of any sale or event allowed by this section as deemed necessary to mitigate the activity's impact on traffic, parking, public safety, or other municipal services. These conditions may include, but are not limited to: a. Changing the date(s), time(s), route, or location of the proposed activity. b. Removing or altering an aspect of the activity which cannot be mitigated sufficiently to ensure public safety and welfare, or which causes liability to the city. c. Alterations to the traffic control or safety/emergency plan. d. Limiting the activity's maximum attendance. e. Restricting the sale or consumption of food or alcohol. f. Removal of advertising/promotional materials. g. Requirements for the cleanup and restoration of any public property. 1. The applicant may be required to provide the city with an escrow in order to guarantee the cleanup and restoration of public property. The amount of the escrow shall be determined by the engineering department for potential impacts to streets and areas with the city right- of-way and by the park and recreation department for potential impacts to parks and trails. h. Requirements for appropriate sanitation facilities, waste receptacles, and availability of potable water. i. Requirements designed to ensure compliance with applicable local, state and federal laws. j. Any other conditions which the city deems necessary. (9) Limitations; general conditions. a. All activities allowed by this section: 1. The site shall be cleared and all remaining debris removed from the sales or event site on the last remaining day of the permit. 2. 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. 3. Lighting shall be compatible with surrounding adjacent uses. 4. Signage should be limited to window signs, and one outdoor sign no greater than 24 square feet. Other signage for purposes of traffic direction and control may be authorized by the city manager or their designee. 5. Front yard, side yard and rear yard setbacks shall be a minimum of ten feet. 6. All other pertinent city and state permits must be obtained. 7. The approved permit shall be kept on the premises for the duration of the activity. 8. No outdoor speaker system shall be allowed without permission from the city. b. Temporary outdoor events: 1. Shall be permitted for the period specified in the administrative permit. 2. Shall not exceed 15 days per calendar year per property or center. 3. Shall have a maximum duration of three days. c. Seasonal sales: 1. Permitted temporary outdoor sales activities are limited to the following: a. Christmas tree sales. b. Seasonal holiday markets. c. Seasonal produce stands. 2. Shall be for the period specified in the administrative permit. 3. Shall not exceed 120 days per calendar year per property or center. 4. There shall be no more than three sales activities per year per property or center. d. Special events: 1. Shall be permitted for the period specified in the administrative permit. 2. Shall have a maximum duration of seven days. 3. There shall be no more than four special event permits issued per property or center per calendar year. (10) Administration and enforcement. a. The city may inspect the property on which the sale or event is being held before the start of the sale or event and/or during the sale or event to verify compliance with the provisions of this section or any permit conditions. b. The city manager or their designee may, upon written notice, suspend or revoke the sale or event permit of any person who violates any of the provisions of this section or any of the conditions of the permit. c. Any sale or event permit issued may be summarily revoked by the city's chief law enforcement officer or fire chief at any time when by reason of an emergency, the law enforcement officer or fire chief determines that the safety of the public or property requires such revocation. d. 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 sale or special event. e. 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; Ord. No. 619, § 17, 2-27-17; Ord. No. 651, § 28, 12-9-19)