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05-18-2021CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES MAY 18, 2021 CALL TO ORDER: Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: None. STAFF PRESENT: Kate Aanenson, Community Development Director and Sharmeen Al-Jaff, Senior Planner PUBLIC PRESENT: Alyson Duneman 7050 Redman Ln., Chanhassen Holly Lawson 7071 Redman Ln., Chanhassen Nick Lawson 7071 Redman Ln., Chanhassen OLD BUSINESS: DISCUSS MINIMUM LOT SIZE FOR CHICKENS IN RESIDENTIAL DISTRICTS Senior Planner Al-Jaff presented the item. Chanhassen resident Kelly Davidson requested a modification to the city ordinance allowing for chickens on less than one acre. The current ordinance was adopted in 2019 and includes a sliding scale of 8 chickens per 1 acre to 2.5 acres, 16 chickens for 2.5 acres to 10 acres and no limit for properties over 10 acres. A permit is required. The City Council discussed the proposed ordinance change at their April 26, 2021 work session. The City also received public comment supporting and opposing the ordinance change. Those in support cited that the number of chickens could be limited, that chickens are beneficial to the environment, make almost no noise, and provide eggs. They also felt that chicken ownership would probably not be entered into lightly. Those opposed addressed neighborhood complaints, predators, rodents, odor, and noise. Staff communicated with cities who are similar in character as well as neighboring communities. The cities of Chaska, Prior Lake, Champlin, and Victoria permit chickens on agricultural districts only, which is more restrictive than Chanhassen. The cities of Farmington, Minnetonka, Rosemount, Inver Grove Heights, Shoreview, Waconia, Eden Prairie, Savage, Shakopee, and Shorewood permit chickens on one acre or less. Planning Commission Minutes – May 18, 2021 2 Ms. Al-Jaff presented a breakdown on what each city required. A setback is required but there wasn’t one “magic formula” between all the cities. Quite a few had a sliding scale for the number of chickens based on acreage. Staff and City Council are requesting feedback from the Planning Commission on reasonable acreage. Chairman Wieck stated that, while this was not a Public Hearing, the Planning Commission would listen to anyone who wished to comment on the issue. Alyson Duneman, 7050 Redman Ln., Chanhassen, felt that people are more interested in being “green” and sustainable through developing rooftop gardens, gardening, and keeping bees and chickens. Holly Lawson, 7071 Redman Ln., Chanhassen, asked the Planning Commission why one acre was picked in 2019. Chairman Weick was on the Planning Commission when the ordinance was passed in 2019. He spoke on behalf of himself on the factors considered in the original decision. He talked about introducing predators into the neighborhood and setbacks limiting the size lot that could fit a chicken coop. At that time, the Planning Commission considered whether to have restrictive side setbacks or restrict ownership through acreage. Ms. Duneman asked why setbacks were needed. Chairman Weick explained that setbacks allow for space from neighbors. Ms. Duneman stated that there are no setback requirements for dogs. Nick Lawson, 7071 Redman Ln., Chanhassen, asked if Chanhassen has rules for other birds such as pheasants, quail, or turkeys. Community Development Director Annenson stated that information was included in the City Code definitions. Chairman Weick agreed that, since the ordinance was passed in 2019, there has been a movement toward gardens, sustainability, and people’s desire to be more thoughtful how they interact with the environment. He believed that neighbors need to be considered. It is currently part of the ordinance to inform neighbors before applying for a permit. He is open to adjusting the number of acres as long as setbacks are considered. Setbacks are currently 10 feet from any lot line and 25 feet from a neighboring structure. Commissioner Alto felt that the one-acre limit was a barrier to entry where only the richest could afford that much land. She felt that people purposely purchase outside of a Home Owners Association (HOA) so that they can have more freedom with their property. Planning Commission Minutes – May 18, 2021 3 Commissioner Noyes believes people should be able to use their properties in any way they wish but also does not want to infringe on neighbor rights. He suggested education for neighbors to understand what goes into keeping chickens on a smaller lot. Commissioner von Oven felt that the concerns around keeping chickens could also apply to keeping a dog – neighborhood complaints, predators, rodents, odor, and noise. He would not want either a chicken coop or a dog house outside his bedroom window. There may be a stigma around keeping chickens. The City has tried limiting the acreage for two years and not seen any complaints. He felt that limiting chicken ownership to over one acre was “classism”. Commissioner Skistad stated that a smell would only be a concern if it was not properly cleaned up. Mr. Lawson added that the smell could be controlled by the quantity of chickens. Chairman Weick did not agree with the term “classism”. There is a restriction on other types of agricultural animals. 4-8 chickens do not equal a farm but the City needs to make sure they are not creating a farm environment. One acre, or even ½ acre, are large properties. He suggests looking at the 25 feet setback and how that would affect properties. Commissioner Skistad asked Ms. Duneman how many chickens they would want. Ms. Duneman responded that it was typically one chicken per person in the household. Commissioner Alto asked if there were restrictions on slaughtering chickens in Chanhassen. Ms. Aanenson confirmed that it was prohibited to slaughter chickens in Chanhassen. Commissioner Reeder agreed that the requests could be controlled by setbacks. Commissioner Noyes suggested a limit of 8 chickens for 0 to 2.5 acre lots. Commissioner Skistad suggested not putting a number on it but a general guideline of not more than eight chickens. Commissioner Alto added that the City limits the size of accessory structures, such as a chicken coop, before requiring a permit. Commissioner Noyes added that a chicken coop would count toward an accessory structure limit and, if exceeded, would require a variance. The Planning Commission recommended removing the acreage limit, considering the setback requirements, and a chicken limit of eight for properties under 2.5 acres. The item will go to the City Council meeting on May 24, 2021. PUBLIC HEARING: Planning Commission Minutes – May 18, 2021 4 CONSIDER AN AMENDMENT TO CHAPTER 20, ZONING, CONCERNING REQUIRED NUMBER OF PARKING SPACES FOR A SHOPPING CENTER OR MULTI-TENANT BUILDINGS Senior Planner Al-Jaff presented the item. Prior to December 2015, the ratio was one parking spot per 200 square feet of building. The parking standards were amended to require parking based on how much of the building is occupied by restaurants. In areas with multi-tenant buildings, parking became difficult. Staff sought to remedy this by amending the ordinance to prevent other buildings from going in without enough parking. During this process, staff may have overreached and asked for more parking than is necessary. Staff is recommending a change to one parking space per 100 square feet of any building where more than 25% is occupied by restaurants. Community Development Director Aanenson noted areas in Chanhassen where there are peak time parking overlaps - businesses that are more busy in the mornings or have more patrons in the evenings. Some restaurants have problems filling parking spaces. The Planning Department works with new businesses to determine if they might be successful as a tenant in a particular location and are aware of parking limitations. Commissioner von Oven asked if buildings must be connected to be defined as a shopping center. Ms. Aanenson gave an example of a building that is connected by their rooftops. Commissioner von Oven asked if a patio was considered part of square footage. Ms. Aanenson confirmed that patios were considered as part of square footage. Commissioner Noyes asked if there were any projects in development or planned where this would take effect. Ms. Aanenson stated that there were some projects where the changes would help the developer. Commissioner Noyes asked if recommended standards compare to other municipalities in terms of parking. Ms. Al-Jaff stated that, when the ordinance was introduced in 2015, many municipalities were examined but there was not one standard. It is dependent on the layout of the site. There are also communities that will allow street parking which counts toward the overall numbers. Commissioner Alto referenced parking constraints for Starbucks. The restaurant could consider options for better flow. Chairman Weick asked if the City considers variances to parking. Planning Commission Minutes – May 18, 2021 5 Chairman Weick opened the public hearing. There being no one to speak to this issue, Chairman Weick closed the public hearing. Commissioner Skistad moved, Commissioner Noyes seconded to recommend approval of amending Section 20-1124 v. addressing shopping center parking standards to adjust the number of required parking spaces as shown in the attached ordinance. All voted in favor and the motion carried unanimously with a vote of 7-0. APPROVAL OF MINUTES: APPROVAL OF PLANNING COMMISSION MINUTES DATED APRIL 20, 2021 Commissioner Skistad noted the summary Minutes of the Planning Commission meeting dated April 20, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: DISCUSS SENIOR HOUSING OPTIONS Senior Planner Al-Jaff gave a report on senior housing in Chanhassen. The City has conducted studies in the past to assess the needs of seniors. In 1990, they sent 1,000 surveys and received 700 responses stating seniors are looking for a place to socially interact, transit, affordable nutritious meals, information and referrals, and housing. Many of these concerns have been addressed through the Senior Center but housing remains an issue. In a study conducted by Maxfield, it was shown there is a need for 310 65+ owner occupied units (this could include coops or condos), 580 rentals, and 316 assisted living units. This information is referenced when a developer looks to do a senior housing project. Ms. Al-Jaff added that “millennials” and seniors are competing for the same low-cost housing. Some housing is specifically designated as 65+. Anytime a development has one story, it naturally turns to senior housing. Ms. Al-Jaff stated that, several years ago, the City conducted a survey of seniors asking them about their future plans. The majority stated “I’m not leaving my house”. What can the City do to prolong their stay in their home where they can live independently? Home sharing is a potential option, where a portion of the senior’s home is rented to someone who can contribute toward costs and keep an eye on the senior. Chanhassen has held discussions with Carver County Community Development Agency (CDA) to determine if there are any funds for remodeling homes to allow individuals to stay longer. Carver County CDA is interested in promoting this concept. The City has also met with Twin Cities Habitat for Humanity which has an “age in place” program. Habitat for Humanity works with Ridgeview to provide an occupational therapist that Planning Commission Minutes – May 18, 2021 6 will assess an individual's limitations and make adjustments to the house to allow them to stay longer. The City also offers classes to seniors through the Senior Center Ms. Aanenson stated that Chanhassen’s ordinance requires a variance for parents to live with their children which may create a barrier to residents. This will be addressed in the future. Ms. Al-Jaff stated that 10,000 individuals turn 65 every day and that will continue until 2030. There will be an increasing need for senior housing as well as senior services. Ms. Aanenson stated that the Planning Commission is invited to a joint meeting with the Economic Development Commission and City Council to hear experts with the Urban Land Institute (ULI) prior to the August 7, 2021 meeting. The ULI will discuss how the world is changing due to the pandemic, food deliveries, convenience foods, and what the City could do to change it in their City Code. Commissioner Skistad asked if there is a trend of Chanhassen residents living as “snowbirds” – going to a southern state during the winter. Is that driving rentals? Ms. Al-Jaff stated that a large majority of senior residents are looking to downsize but not necessarily for financial reasons. She is hoping to get more information from the census data on the age of Chanhassen residents and housing affordability. She stated that, when the Senior Center opened 30 years ago, the main draws were bingo and potluck. Now, residents are looking for educational components more than entertainment and social activities. CITY COUNCIL ACTION UPDATE Ms. Aanenson reviewed items that would be coming to future Planning Commission meetings. ADJOURNMENT: Commissioner von Oven moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7-0. The Planning Commission meeting was adjourned at 8:56 p.m. Submitted by Kate Aanenson Community Development Director