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Agenda and PacketAGENDA  CHANHASSEN PLANNING COMMISSION TUESDAY, MARCH 17, 2020, 7:00 PM CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD A.CALL TO ORDER B.PUBLIC HEARINGS 1.Consider a Request to Amend the PUD at 7801 Audubon Road (Paisley Park) C.APPROVAL OF MINUTES 1.Approval of Planning Commission Minutes dated February 18, 2020 D.ADMINISTRATIVE PRESENTATIONS 1.City Council Action Update E.ADJOURNMENT F.OPEN DISCUSSION 1.Discuss Minnewashta Parkway Improvement Project NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by­laws.  We will make every attempt to complete the hearing for each item on the agenda.  If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options.  Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that forces the Mayor or City Council to share that information with the public or be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part of the public input process. PLANNING COMMISSION STAFF REPORT Tuesday, March 17, 2020 Subject Consider a Request to Amend the PUD at 7801 Audubon Road (Paisley Park) Section PUBLIC HEARINGS Item No: B.1. Prepared By MacKenzie Young­Walters, Associate Planner File No: Planning Case No. 2020­04 PROPOSED MOTION: The Chanhassen Planning Commission recommends that the City Council approve the proposed amendments to Paisley Park’s Planned Unit Development (PUD) Ordinance. SUMMARY OF REQUEST Paisley Park has requested that the city amend the PUD that governs the property in order to allow them additional flexibility in hosting events. Specifically, they are requesting that they be allowed to host an unlimited number of events with under 200 attendees, 12 events per year with over 200 attendees, and one outdoor event per year, subject to the requirements of the city’s Special Event Ordinance. The events with over 200 attendees would also require a city­ issued permit. A full discussion of each proposed change to the PUD is presented in the attached staff report. APPLICANT Paisley Park SITE INFORMATION PRESENT ZONING:  Planned Unit Development LAND USE:Office Industrial ACREAGE:  9.01 Acres  DENSITY:  NA  BACKGROUND On October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned Paisley Park from Industrial Office Park (IOP) to Planned Unit Development (PUD). Ordinance 616 allowed for the use of the site as a museum and recording studio with accessory sales and up to 12 indoor concerts per calendar year. Both alcohol sales PLANNING COMMISSION STAFFREPORTTuesday, March 17, 2020SubjectConsider a Request to Amend the PUD at 7801 Audubon Road (Paisley Park)Section PUBLIC HEARINGS Item No: B.1.Prepared By MacKenzie Young­Walters, AssociatePlanner File No: Planning Case No. 2020­04PROPOSED MOTION:The Chanhassen Planning Commission recommends that the City Council approve the proposed amendments toPaisley Park’s Planned Unit Development (PUD) Ordinance.SUMMARY OF REQUESTPaisley Park has requested that the city amend the PUD that governs the property in order to allow them additionalflexibility in hosting events. Specifically, they are requesting that they be allowed to host an unlimited number of eventswith under 200 attendees, 12 events per year with over 200 attendees, and one outdoor event per year, subject to therequirements of the city’s Special Event Ordinance. The events with over 200 attendees would also require a city­issued permit.A full discussion of each proposed change to the PUD is presented in the attached staff report.APPLICANTPaisley ParkSITE INFORMATIONPRESENT ZONING:  Planned Unit DevelopmentLAND USE:Office IndustrialACREAGE:  9.01 Acres DENSITY:  NA BACKGROUNDOn October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned Paisley Park from Industrial Office Park (IOP) to Planned Unit Development (PUD). Ordinance 616 allowed for the use of the 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 from 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.Staff was directed to draft language for a potential amendment. On February 10, 2020, the Chanhassen City Council discussed proposed language for amending the PUD to allow for additional events. Staff was directed to bring the proposed language before the Planning Commission for a public hearing. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the proposed amendment. Staff believes that the proposed amendment will allow Paisley Park additional flexibility without negatively impacting public safety or the surrounding land uses. ATTACHMENTS: Paisley Park Events Staff Report Development Review Application Narrative Special Events Ordinance January 27, 2020 City Council Work Session Memo CITY OT CIIANIIASSXN Chanhassen is a Community for Life - Providing for Today and Planning for Tomonow MEMORAI\IDUM TO: Planning Commission FROM: MacKenzieYoung-Walters,AssociatePlanner DATE: March17,2020 SUBJ: Paisley Park Events Amendment PROPOSED MOTION: "The Chanhassen Planning Commission recommends that the City Council approve the proposed amendments to Paisley Park's Planned Unit Development (PUD) Ordinance." ISSUE Paisley Park has requested that the city amend its PUD Ordinance to allow for increased flexibility in hosting events. Paisley Park has requested that the city amend the PUD that govems the property in order to allow them additional flexibility in hosting events. Specifically, they are requesting that they be allowed to host an unlimited number of events with under 200 attendees, I 2 events per year with over 200 attendees, and one outdoor event per year, subject to the requirements of the city's Special Event Ordinance. The events with over 200 attendees would also require a city-issued permit. A full discussion ofeach proposed change the PUD is presented in the discussion section of this report. Staff believes that the requested PUD amendment allows for a more flexible use ofthe property without compromising public safety or negatively impacting adjacent parcels. On October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned Paisley Park from Industrial Office Park (IOP) to Planned Unit Development (PUD). Ordinance 616 allowed for the use of the 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. PH 952.227.1100. www.ci.chanhassen.mn.us. FX 952.227.1110 SUMMARY BACKGROUND 71OO I'4ARKET BOULEVARD .PO BOX I4T.CHANHASSEN .MINNESOTA 55317 Planning Commission Paisley Park Events Amendment March17,2020 Page 2 On January 8, 2018, the Chanhassen City Council approved Ordinance 630 amending the PUD to allow for alcohol to be sold tom 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. Staff was directed to draft language for a potential amendment. On February 10,2020, the Chanhassen City Council discussed proposed language for amending the PUD to allow for additional events. Staff was directed to bring the proposed language before the Planning Commission for a public hearing. DISCUSSION Note: In the following section, text in bold is new language and text in stikethrengh is deleted language. Staff is proposing amending the indoor concert provision to read: Permitted Uses: Twelve ( 12) indoor eoneerts events with over 200 attendees per calendar year. An eonee* event-specific seating plan and temporary event permit must be filed with the city at least ten (10) days in advance ofeach event eoneer+.-4leehel may only be served in e i+. 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 grant 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 oflarger events held in the building each year, as the building's HVAC system is not designed to accommodate regular use by large numbers ofpeople. To date there have been no issues with alcohol service at Paisley Park, and staff does not believe that any regulation ofliquor sales beyond what is provided for by general liquor laws is required and is subsequently recommending removal ofthe language requiring a temporary event permit to serve alcohol. 4 Staff is proposing amending the private event provision to read: Chanse l: Indoor Events with over 200 attendees Chanpe 2: Indoor Evenls with less than 200 allendees. Planning Commission Paisley Park Events Amendment March 17,2020 Page 3 Permitted Uses 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 of the Fire Chief, 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 been 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. Staff is proposing amending the outdoor events provisions to rcad: 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: +-e*deereven+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. Staffis 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 staff to evaluate the impact a proposed event will have upon traffrc 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 ofsound 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 of attendees, 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. Staff believes the ) 8 Private events with 200 or less attendees. @ Chanpe 3: Outdoor Events Planning Commission Paisley Park Events Amendment March17,2020 Page 4 existing special event ordinance provides the best available framework for reviewing and permitting an outdoor event at Paisley Park. 1. Deny the requested PUD amendment. 2. Approve the requested PUD amendment. RECOMMENDATION Staff recommends Alterative 2. Staff believes that the proposed amendment will allow Paisley Park additional flexibility without negatively impacting public safety or the surrounding land uses. The amended PUD would read as follows: CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. -\I}(' AN ORDINANCE AMENDING CHAPTER2O OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COI.INCIL OF THE CITY OF CHANHASSEN ORDAINS: Scction l. 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: a. Lot I l, Block l, Chanhassen Lakes Business Park, Carver County, MN Section 2. Paisley Park Planned Unit Development Intent The purpose ofthis rezoning is to create a PUD zoning district for Paisley Park. The uses, development standards and regulations ofthe IOP, Industrial Offrce Park District shall apply subject to the following modifications: b. Permitted Uses. Only the following uses are permitted: l. Museum. 2. Recording studio. ALTERNATIVES d. Planning Commission Paisley Park Events Amendment Much17,2020 Page 5 Conditional Uses. The following conditional use is permitted 1. Hotel. Prohibited Uses, The following uses are prohibited: l. All conditional and permitted uses not listed as permitted or conditional uses 2,------eu+deer+wn+s, e,Materials and Design Fence: Fences shall comply with City Code requirements including the Bufler 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: 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, 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 eenee+s events with over 200 attendees per calendar year. An eonee* event-specific seating plan and temporary event permit must be filed with the city at least ten ( l0) days in advance ofeach event eeaeefr.*leehelmay-eC5rbe . 5. Private events with 200 or less attendees. @ 6. Offrce. 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. Planning Commission Paisley Park Events Amendment March17,2020 Page 6 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. Parking l. 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 tum lane into the southem 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. 6. The raffic 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 ofemployees, contractors and 40 guest cars per hour maximum. 9. Ifthe 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. Planning Commission Paisley Park Events Amendment March 17,2020 Page 7 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 \'\', 2020) ATTACHMENTS l. Application 2. Narrative 3. City Event Ordinance 4. larr:ary 27,2020 City Council Work Session Memo C:\PLAN\2020 Planning Cases\2GO4 Paisley Park Amendment to PuD\Paisley Psrk Even$_rc.docx alt_ firm , iro Pooley Pork Operations. Inc. 7801 Audubon Rood Chonho/fen. RIR 55317 February 18, 2020 Chanhassen City Council 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 Dear City Council Members: Paisley Park submits this Amendment to our PUD for your consideration. Paisley Park has shown to be a valuable asset to the community. We have proven our ability to properly manage live events and activities in a thoughtful, efficient and safe manner and have been doing since we opened to the public in 2016 (please see attached detailed report). The proposed changes recognize our ability to successfully conduct these important events, while providing a collaborative opportunity for greater growth and expansion. Our goal is to expose Paisley Park—and thus Chanhassen—to a wider audience and increasing our ability to offer live events(and possible outdoor events) is the next step in doing so. As with Prince,we are proud to be part of the Chanhassen community. We look forward to working with you and the City to enhance our facilities. Our wish is to provide a greater opportunity for visitors to experience both our venue and our community. Thank you for your ongoing support. Sincerely, 24......4". Ii' Alan Seiffert Executive Director Paisley Park Operations, Inc. enc. 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 eeneert event-specific seating plan and temporary event permit must be filed with the City at least ten (10) days in advance of each event Wit,lcohel may on y e 5. Private events with 200 or less attendees. • • - - - - 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. 1 d. Prohibited Uses. The following uses are prohibited: 1. All conditional and permitted uses not listed as permitted or conditional uses. Outdoor o ents 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. 2 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 \\ day of 1 Y, 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 VY, 2020) 3 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) CITY OT CIIANIIASSXI'I Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow MEMORANDUM TO: Todd Gerhardt, City Manager FROM: DATE: Kate Aanenson, Community Development Director Don Johnson, Fire Chief MacKenzie Young-Walters, Associate Planner January 27 ,2020 Paisley Park EventsSUBJ: Recently, Paisley Park has come under new management and they have sent an email to the city expressing an interest in expanding the number and nature of events that they host throughout the year. During the first halfof2020, they have expressed an interest in hosting the following: l. Numerous small events, potentially with alcohol service provided by a caterer. 2. Indoor concerts and dances. 3. A three day Prince memorial open to the public. 4. Outdoor concerts. The Planned Unit Development (PUD) ordinance that govems this property restricts Paisley Park to a maximum of 12 indoor concerts and/or events with alcohol per year and prohibits outdoor concerts. In order to allow for the proposed events, a PUD amendment would be required. Staff has provided an analysis ofthe proposed event plan below. Staff is requesting direction from City Council in identifying the desired scale and nature of future events at Paisley Park. On October 24, 2016, the Chanhassen City Council approved Ordinance 616 that rezoned Paisley Park from Industrial Office Park (IOP) 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 from January 29,2018 through February 5,2018. PH 952.227.1100. www.ci.chanhassen.mn.us. Fx 952.227.1110 SUMMARY BACKGROUND 77OO MARKET BOULEVARD . PO BOX I47 .CHANHASSEN .MINNESOTA 55317 Todd Gerhardt Paisley Park Events lanuary 27 ,2020 Page 2 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. Issue l: Primary Use The PUD allows the property to be primarily used as a museum, recording studio, and office, with a maximum of 12 indoor concerts and/or events with alcohol per year and accessory sales of food, beverages, and memorabilia. The city did not list event center as a permitted use because the building's HVAC system was not designed for A-l occupancy, the occupancy required for an event center. The existing HVAC system does meet all requirements for the A-3 occupancy, the occupancy required for a museum, which the building currently holds. Event permits were identified as a way of granting a "variance" from the typical occupancy limits and are required to ensure use consistent with the building's occupancy classification, the safety of attendees, and that adequate parking and traffic control were accounted for. The existing limits reflect an understanding that the property is primarily a museum with events serving an accessory function. Ifthe intention is to move towards a more event-oriented space, it may be necessary to require that the property's occupancy classification be changed. In order to meet the occupancy requirements for an event center, the HVAC system would need to be upgraded to meet the requirements for A-1 occupancy and it is likely that additional restrooms and possibly even parking would need to be installed. Retrofitting the building to meet the standards required for an event center and adding event center to the PUD's list of permitted uses would remove the need for all of the PUD's restrictions on events, except the prohibition on outdoor events, and would provide Paisley Park with the largest degree of flexibility moving forward. This approach would allow for an unlimited number of indoor events and concerts of varying scales without the need for city event permits. Issue 2: Indoor Events The PUD requires event permits for indoor concerts and limits Paisley Park to hosting 12 of these each year. It also requires an event permit for any event serving alcohol. The event permit requirement for alcohol will be discussed in the subsequent section; the content ofthis section will address indoor events in general. As was mentioned in the previous section, the l2 indoor concert limit w.ls put in place to prevent the building from being used in a manner inconsistent with its approved occupancy. The main goal was to limit the frequency of large events that did not align with the building's occupancy classification and on-site parking capacity. In looking over last year's permits, most were for events with less than 200 people and only four were for events with 500 or more attendees. Between the smaller events and these larger events, DISCUSSION Todd Gerhardt Paisley Park Events January 27 ,2020 Page 3 Paisley Park reached its event cap last year. So far this year Paisley Park has applied for and received two event permits and based on the proposed Q1/Q2 event schedule, staff believes that it will reach its event cap before the end of the year this year. The larger events do exceed the site's parking limits, require traffrc plans, and many require security or closer examination ofhow they have configured the space. For these events, applying the city's event permitting process makes sense and provides a level of review similar to what would be applied to other businesses in the area hosting events of that scale. The same is not necessarily tme for the smaller events held at Paisley Park. Events with 200 or less people can often be accommodated by the on-site parking, do not have the potential to create traffrc impacts, and do not require additional security. Events of this size that could be entirely accommodated within a building without requiring off-site parking would not ordinarily require a city-issued event permit. To date, staff has received no complaints and has not observed any significant issues with events, large or small, at Paisley Park. If the city is interested in allowing a larger number of small events at Paisley Park while maintaining the intent of limiting the number of larger indoor events, it may be appropriate to amend the PUD to exempt events with under 200 attendees from the permit requirement. An unintended consequence ofthis may be an increase in the number of large events, since they will no longer need to draw from the same permit pool as smaller events. If the city feels that allowing an unlimited number of smaller events and up to l2 larger events a year would shift the site's use away from a museum and towards an event center, it may be preferable to maintain the existing limits. Issue 3: Alcohol ql Evenls The PUD was initially established with a prohibition on alcohol sales. The city included this prohibition because at the time there was concem that Paisley Park could be used as a venue for rambunctious parties/concerts and in accordance with the business plan provided to the city as part ofthe initial PUD application. Over the last two years as Paisley Park's business has developed and the city has become more familiar with their operations, this provision has been amended twice. First, by allowing a one-time exemption to permit alcohol sales during Super Bowl week and, second, by removing the prohibition and allowing for alcohol sales in conjunction with an event permit. Since Paisley Park does not have a liquor license, they are required to use a catering service to serve alcoholic beverages. Since the PUD only allows for alcohol service in conjunction with an event permit, there have been several cases where small, sub-200 person events, were required to apply for an event permit solely because they wanted to include alcohol service. To date there have been no complaints or observed safety concems stemming from alcohol sales at Paisley Park. Based on Paisley Park's demonstrated ability to manage these types ofevents, staff does not believe that there is a compelling public safety reason for requiring an event permit for alcohol sales. Ifthe Todd Gerhardt Paisley Park Events Iaruary 27 ,2020 Page 4 sentence requiring that events serving alcohol receive a permit was removed, any event with music would still require a permit under the indoor concert clause, unless that was also amended That being said, requiring events with alcohol sales to receive an event permit does help to limit the number ofevents that take place on site. Ifthe city is concemed about the events aspect of Paisley Park expanding beyond what was originally envisioned for the site, it would be appropriate to maintain the existing language. Issue 4: Outdoor Events The PUD prohibits outdoor events. This prohibition was put in place due to the potential for outdoor events, especially large concerts, to impact adjacent parcels and the general public. In the context ofPaisley Park, the greatest concern is that an outdoor event could serve as a distraction for motorists on Arboretum Boulevard or at the intersection of Arboretum Boulevard and Audubon Road. Distracted drivers could pose a significant safety risk to fellow motorists or pedestrians attempting to cross the street to reach the event or utilize the trail. An additional related concem is that Paisley Park is located along a public trail and sidewalk and it would be difficult to prevent crowds from gathering in these public places to listen in/people watch at these events. Given the heavy traffic present on Arboretum Boulevard, anyhing that distracts motorist or attracts and distracts additional pedestrian traffic to the area could pose a significant public safety risk. Staff has concems regarding the suitability of this location for hosting large outdoor events. If outdoor events are something that the city determines are appropriate for this location, staff would recommend that they be limited to a certain number each year and they be required to go through the city's special event permitting process. This process requires applications be submitted at least 60 days before the proposed events and provides the opportunity for extensive review of an event's proposed scale and potential impact. In situations where staff determines that there are potential safety impacts or negative impacts on adjacent property, this process gives staff the ability to place conditions on the permit mitigating those impacts. 1 . Encourage Paisley Park to retrofit facilities as required for event center occupancy and once that work is complete, remove existing limits on indoor events but retain prohibition on outdoor events. 2. Allow for an unlimited number of smaller indoor events, but maintain existing limits for larger events and prohibition on outdoor events. 3. Encourage Paisley Park to retrofit facilities as required for event center occupancy and once that work is complete, remove existing limits on indoor events and allow outdoor events under a special event permit. 4. Allow for an unlimited number of smaller indoor events, but maintain existing limits for larger events and allow outdoor events under a special event permit. ALTERNATIVES Todd Gerhardt Paisley Park Events Iaruary 27,2020 Page 5 5. Remove permit requirement for events with alcohol service. 6. No change. Staff is requesting City Council direction in identifoing the desired scale and nature of future events and Paisley Park. ATTACHMENTS 1) Email from Karen White regarding Q1/Q2 events 2) Paisley Park PUD standards G :\PlANww\Reference-Examples-Templales-M i5c\Paisley Part Events.docx PLANNING COMMISSION STAFF REPORT Tuesday, March 17, 2020 Subject Approval of Planning Commission Minutes dated February 18, 2020 Section APPROVAL OF MINUTES Item No: C.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION: The Chanhassen Planning Commission recommends approval of the minutes from its February 18, 2020 meeting. ATTACHMENTS: Planning Commission Summary Minutes dated February 18, 2020 Planning Commission Verbatim Minutes dated February 18, 2020 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES FEBRUARY 18, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael McGonagill MEMBERS ABSENT: Doug Reeder, and Laura Skistad STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie Walters, Associate Planner PUBLIC HEARING: CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL). MacKenzie Walters presented the staff report on this item. Ben James with Blue Label Creative spoke on behalf of Chapel Hill and discussed the need for this signage. Chairman Weick opened the public hearing. No one spoke and the public hearing was closed. Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the City. 2. The Electronic Message Center (EMC) must comply with the City’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 46.29 percent. 3. The ground low profile sign must meet the City’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Planning Commission Summary – February 18, 2020 2 APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated February 4, 2020 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson discussed action taken by the City Council at their February 10, 2020 meeting and the upcoming schedule for the Planning Commission. Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING FEBRUARY 18, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steve Weick, Mark Undestad, Mark Randall, John Tietz, and Michael McGonagill MEMBERS ABSENT: Doug Reeder, and Laura Skistad STAFF PRESENT: Kate Aanenson, Community Development Director; and MacKenzie Walters, Associate Planner PUBLIC HEARING: CONSIDER A REQUEST FOR SIGN VARIANCES FOR THE EXISTING MONUMENT SIGN LOCATED AT 306 W. 78TH STREET (CHAPEL HILL). Walters: So this is a sign variance request. Chapel Hill Academy is requesting a variance for a 6 foot high ground low profile sign with a total of 35.33 square feet of sign display area. 16 square feet of that is proposed as an electronic message center so a little overview of the site. Chapel Hill is right downtown, pretty close to city hall and the proposed sign location is about where this blue star is. It would be the location of the existing sign so the sign location wouldn’t be changing. Only the height and size. Just to give a sense of the surrounding context, Chapel Hill is zoned office institutional. They have residential single family to the north and east. We have some preserve open space, A2 to the south. Another office institutional and then central business district over here so it kind of is at the end of the commercial section of downtown. Just to compare and provide some context for the sign code because we don’t see too many sign variances, under the office institutional district business and institutional signs are allowed to be up to 5 feet high with a maximum display area of 24 square feet. Electronic message centers are an allowed type of signs, however the EMC’s and then governmental signs are allowed to be larger so it’s for instance a public school or the Chanhassen library, even though it’s zoned office institutional it’s allowed to have a larger sign. Up to 8 feet high and 120 square feet. In the case of those 40 square feet of that display area can be electronic message centers. Right here is the section of the city code that governs electronic message centers for signs up to 24 square feet up to 50 percent of their display can be the EMC. If they’re over 24 feet but less than 64, 45 percent of the display can be the EMC. There’s a few other rules that are in play. They can’t be within 50 feet of a street intersection. The sign itself cannot be within 125 feet of a residential district and if they’re within 500 feet of single family homes they cannot be on between the hours of 6:00 a.m. and 10:00 p.m. There also are regulations in the city code that govern the maximum brightness of EMC’s as well as preventing them from having moving or animated images so it has to be a static display under the code. The applicant is proposing a 6 foot high sign so that’d be a 1 foot variance from the height and the 35.33 square feet would be an 11.33 square foot Chanhassen Planning Commission – February 18, 2020 2 variance from the maximum display area size. That would allow them to have a 16 square foot electronic message center. Full disclosure that is a quarter percent larger than the display area ration they’d be allowed but staff doesn’t consider a .1 square foot deviation to be significant. So Chapel Hill believes that because they have a large number of different users that use the building as well as a bunch of variable after school events and meetings that it is very difficult for them to communicate the programming at their facility with a static display and that’s why they’re requesting a larger electronic message center. They did note that the office institutional zoning does allow public schools and similar government agencies to have much larger signage than they are requesting. So comparing the existing sign to the proposed sign, the existing sign is 5 feet tall. Has 24 square feet of display area and the EMC is about 9 ½ square feet and as mentioned what they’re proposing would be a little over 11 square feet bigger in display area. A foot taller with a 16 square foot electronic message center. I will mention before I get into the staff assessment we were contacted by a resident who did express concern that this sign would have much more of a visual impact than the existing sign. Predominantly due to the increased lamination and they expressed some concern that pedestrians walking might find it distracting along the sidewalk. When staff evaluated the proposal we do feel that this is a unique use in the community and that the multiple different uses for the building and the variable programming did justify or make a case for why a larger electronic message center may be appropriate. The applicant had originally came in requesting a variance for an 8 foot tall sign with I believe it was 48 square feet of display area. Staff asked them to revise it to try to minimize the extent of the variance and that’s what resulted in the current proposal which is a much smaller deviation from the standards. The site’s location and orientation do place the sign near a lot of the commercial uses in downtown and the building prevents it from being seen from the residential properties and that’s one of the reasons why staff is comfortable recommending approval on this as well as the sign being in the same location and does not believe that there will be any traffic safety risks posed with this sign. With that I’d be happy to answer any questions you may have. Weick: Thank you MacKenzie. Couple questions I do have. If you could, if you go back to page 4 of 7 and you don’t have to flip there but it’s the chart. Underneath the chart there were 3 bullets. Yep. Of those 3 do any of those currently apply? Walters: The sign meets all current ordinance so it’s 50 feet back from the intersection. The sign, even though the border of the parcel is within 125 feet the sign itself is not within 125 feet. It is within 500 feet so they would have to turn off the EMC between the hours of 10:00 p.m. and 6:00 a.m. Weick: Okay. That was the only question I had. Anyone else for MacKenzie at this time? No? I would invite the applicant to come forward. Just state your name for the record and tell us about your project. Ben James: Hi my name is Ben James and with Blue Label Creative and my kids have gone to Chapel Hill. The oldest one is in eighth grade this year and the youngest is in third grade so I do a lot of different projects from coaching sports. From basketball and soccer for the school as Chanhassen Planning Commission – February 18, 2020 3 well as volunteering for other sun runs and other activities that they have. So with the school it’s an important amenity and we are an important amenity and partner with the City of Chanhassen and the sign would provide not only announcement of important school events but for the also the churches and clubs and organizations that UCHA. It would also be used, could be used for public service announcements and city event promotions as well so we would be open to working with you guys on that. And MacKenzie did a great job kind of summing it up that it doesn’t face any residential areas as well. We would be keeping the same pad that you see right there. The brick and the electrical and everything it’s there. Part of the old display, there’s some safety concerns with the fire wall. It’s not supported for the computer system that’s there anymore so it is, we don’t want to have, open that up to any hackers or anything like that so hopefully they’re not watching tonight. Whoops. You know so that’s really what we’re looking to do in a nutshell. Did you have any questions? Weick: Sure. Do you consider the sign to be more advertising or more, I’m going to draw a blank but like location identification. Ben James: It is more location identification. Trinity Hill Church right now, they take a banner off of the front entrance every Sunday. Weick: Okay. Ben James: You know so it is for these clubs and organizations that are using it. There are opportunities in the near future with some expansion. I’m sure that will be a different meeting to bring other clubs and so forth in there so it’d be a way for notifying and identifying that. And then there would be some for sporting events. You know when other teams come into play games you know it’s just a good identification that that’s where the soccer or the, not soccer I should say but basketball or volleyball games would be at. Weick: Okay. And then if you were going to replace the sign if it needed to be upgraded, to be within code you could, you could go and correct me if I’m wrong MacKenzie but we could go to 12, 12 square feet from an increase from the 9 ½ today they could go to 12 square feet and be within code. Walters: Yes they could, that’s what the city code would allow. Weick: Is that something that you guys considered and I apologize I don’t have a real good dimensional mind so I don’t know if there’s a huge difference between those or. Ben James: Yeah, so with the panels that we’re using for the high resolution, they come in 12 inch square panels that can interchange. So having to customize and go into, they don’t make like an 18 inch so you know we’d have to do some custom work on that with the LED’s to do that so this is a less expensive solution than doing a custom size. Chanhassen Planning Commission – February 18, 2020 4 Weick: Smaller size, okay. Anyone else with thoughts or questions? For the applicant. Nothing? McGonagill: It’s not 6 foot high white letters. Weick: No. Well thank you then. I appreciate you coming forward and certainly clarifying some of those items for us. Ben James: Thank you for your time. Weick: Thanks a lot. At this time we will open the public hearing portion. Anyone wishing to come forward and offer an opinion on this item is welcomed to do so at this time. I thought maybe we had someone moving but no, okay. Then seeing nobody come forward I will close the public hearing portion and open for commissioner comment or a motion. Judging from the lack of questions I’m assuming everyone’s you know tracking with this one. Undestad: Yeah I think so. McGonagill: It’s tastefully done. Like I said it’s not 6 foot high white letters so I’m, it’s not bright. They’ll turn it off. It’s what it’s supposed to do and you know I will, for sure they use that facility a lot for volleyball and basketball and be able to put that up. Who’s playing when and at what time. It’s a great thing to have because they turn that facility around a lot I know that. Randall: Oh I’m sorry. Oh I was a little concerned about the residential impact but after seeing how the building actually blocks the light from it so I know some of these signs, especially at night they get really bright you know and with our hours that they’re going to be operational. Weick: Yeah there’s some houses there on 78th maybe that just because of the angle. Like that one on the corner maybe is, would be the one that I would certainly be, yeah. They seem to have a pretty good, although it is. Undestad: It’s at the other angle too though. Weick: It is a different angle and I think there’s a little bit of a hill and then some trees and stuff, I mean it’s not a straight shot. I’ve been along there quite a bit and it basically just, I mean we’re a little less than doubling kind of what’s there today. As far as the electronic portion of it so. McGonagill: I’m good with it. Randall: I am too. Weick: I certainly would entertain a motion. Chanhassen Planning Commission – February 18, 2020 5 Undestad: I’ll make a motion that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision. Weick: Thank you. We have a valid motion. Do we have a second? McGonagill: I’ll second it. Weick: We have a second from Commissioner McGonagill. Any further comment at this time? Undestad moved, McGonagill seconded that the Chanhassen Board of Appeals and Adjustments recommends approval of the variance request to allow a 6 foot high ground low profile sign with 35.33 square feet of total display area of which 16 square feet may be an electronic message center, subject to the conditions of approval and adopts the attached Findings of Fact and Decision: 1. The applicant must apply for and receive a sign permit from the City. 2. The Electronic Message Center (EMC) must comply with the City’s Electronic Message Center Standards, save that it may have an EMC Display percentage of 46.29 percent. 3. The ground low profile sign must meet the City’s design standards. 4. The ground low profile sign shall be located in the same position as the existing monument sign. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Weick: Hearing none the motion passes unanimously 5 to 0. Thank you everybody for presenting this evening and coming. Appreciate it. APPROVAL OF MINUTES: Commissioner McGonagill noted the verbatim and summary Minutes of the Planning Commission meeting dated February 4, 2020 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Weick: Kate I certainly would open it up for City Council update. Chanhassen Planning Commission – February 18, 2020 6 Aanenson: You on your next agenda scheduled for March 17th. I’ll be looking at an amendment to the PUD for Paisley Park that was linked to 12 events so they would like to try one outdoor event and then we’d just kind of, MacKenzie put together that we use for all special events, the permits on those so we’re only permitting ones that are over a certain volume and how they’re regulated so we’ll have that public hearing. And then they talked about yard waste update just because the County closed where you could take your yard waste so just kind of looking at that so you won’t see anything on that but just ongoing discussion. Just want you aware of that. Trying to get some additional days spring and fall. The council also approved an interim use permit for the wetland for the very technical report on the slide we had on the light rail, on the trail. The LRT trail so that got approved so that work should begin this spring and then also we, the council passed a resolution adopting the Comprehensive Plan so that’s on the work session for your April meeting that we are, first meeting with new commissioners but we’ll go through that. Some of the significant changes. Kind of next steps so we actually have quite a few things for that if it’s okay Chair I’ll just kind of jump to our upcoming agenda. We talked about PUD on for that. We don’t have a meeting in 2 weeks, that March 3rd. That is the Presidential nomination primary so we will not be meeting so our next get together for our last meeting with John and Mark so I hope they’re both here on the 17th. Then on April 7th again we adopt the bylaws, a Chair, Vice Chair. We’ll talk a little bit about development review process. I think there were some questions on that. If there isn’t much on the agenda we might move that one up but it’s kind of helpful for some of the new people there too. We’ll talk about the comp plan. Some of the little tweaks we had to make or I guess kind of explaining our methodology, yeah. Kind of more of what that was a lot of back and forth this last year and then we were asked to look at some of the other goals of the other commissions on what they’re working on and how we can be integrating that into what we’re doing and I think that will be helpful too when we do our annual all commissions tour so that might be helpful too. McGonagill: When is that all commissions tour? Aanenson: Usually we do like in August. The first or second week in August. McGonagill: Okay. Aanenson: The other thing I do not have on your calendar and I apologize is, I will get that out to you so you can put it on your calendar and that is the annual meeting with the City Council. After they do their appointments then they’ll set that one so I’ll get that out to everybody to put that on their calendar but with that we have candidates here so after you adjourn we’ll go into the Fountain Conference Room and I’ll kind of be the gate keeper and get you set up and then direct people when you’re ready. Weick: One question, did you mention the item that we heard on the 4th. Did that go in front of City Council? Aanenson: The memory care? Chanhassen Planning Commission – February 18, 2020 7 Weick: Yeah. Aanenson: Yep that’s going next Monday. Weick: They haven’t heard it yet? Aanenson: Yep, a week from yesterday. Yes they have not heard it yet. Good question. They have modifications to it and they know they can meet all those so based on what you saw, some of the input you gave them so I think you’d be pleased with that. McGonagill: What are some of the modifications they did Kate? Aanenson: Pardon me? McGonagill: What did they modify? Aanenson: You know I haven’t gone through all the details with Sharmeen but Sharmeen said they met pretty much all the criteria that was in there so I haven’t looked at that but I’ll share that with you at your next meeting and show that to you. McGonagill: Okay, thanks. Tietz: Hey Kate I have a question. Sign variances. Didn’t we, wasn’t it a year and a half ago when we approved the Youngstedt’s sign, electronic sign and that never has changed has it? Did they back off of that? Walters: That variance has lapsed. I unfortunately do not know why they decided not to proceed with it. I had been under the impression they were good to go and they chose not to ultimately. Tietz: Okay, yeah. Aanenson: I’ll to circle back to Mark’s comments on NIT’s on signs. That’s the intensity so we do ask the architect of those to measure those. So when there was a variance on those sometimes the Planning Commission will go one way and the council will go another but the intensity of those, yeah there is complaints on especially on Highway 5 when you’re driving by and they’re very bright at night so we know the residents are sensitive to that so I appreciate that question. So to the comment that this has to be shut off between 6:00 and 10:00 that kind of helps mediate some of that. That’s all I had. Weick: Great, thank you. With that I would entertain a motion to adjourn. Chanhassen Planning Commission – February 18, 2020 8 Undestad moved, Randall seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim PLANNING COMMISSION STAFF REPORT Tuesday, March 17, 2020 Subject City Council Action Update Section ADMINISTRATIVE PRESENTATIONS Item No: D.1. Prepared By Jean Steckling, Senior Admin. Support Specialist File No:  ATTACHMENTS: City Council Action Update City Council Action Update MONDAY, FEBRUARY 24, 2020 No Planning Items. MONDAY, MARCH 9, 2020 Approve a Request for Sign Variances for the Existing Monument Sign Located at 306 West 78th Street (Chapel Hill) - Approved Minutes for these meetings can be viewed and downloaded from the city’s website at www.ci.chanhassen.mn.us, and click on “Agendas and Minutes” from the left-side links. g:\plan\forms\development forms\city council action update.docx PLANNING COMMISSION STAFF REPORT Tuesday, March 17, 2020 Subject Discuss Minnewashta Parkway Improvement Project Section OPEN DISCUSSION Item No: F.1. Prepared By George Bender, Assistant City Engineer File No:  BACKGROUND Staff will be giving a Power Point presentation to the Planning Commission regarding the Minnewashta Parkway Improvement Project.