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1c Amend Chapter 20 of City Code CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WWVI.ci .chanhassen. mn .us lc MEMORANDUM TO: Todd Gerhardt, City Manger FROM: Bob Generous, Senior Planner DATE: May 29,2007 SUBJ: Adoption of Ordinance, Chapter 20, Chanhassen City Code, Zoning ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment. BACKGROUND In administering the City Code, staff has discovered some issues and omissions that need to be addressed. Our overall intent is to try to make the code easier to understand and use. The proposed changes to Chapter 20 were reviewed by the Chanhassen Planning Commission on May 15, 2007. The Planning Commission tabled the review of the fa~ade transparency requirement for additional work. However, the Planning Commission voted unanimously (7 - 0) to recommend approval of the balance of the ordinance amendments. The Planning Commission minutes for May 15,2007 are attached. SUMMARY Staff believes that these changes are primarily administrative, rather than substantive, in nature and is recommending approval of the amendment. RECOMMENDA TION Staff and the Planning Commission recommend that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code. ATTACHMENTS 1. Planning Commission Minutes dated May 15,2007. 2. Planning Commission Staff Report dated May 15,2007. 3. Ordinance Amending Chapter 20, Chanhassen City Code. g:\plan\bg\city code\cc memo ch 20 may 2007.doc The City 01 Chanhassen · A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 19. The plans must be modified so that the wall is a minimum of 15 feet from the storm sewer. 20. The property owner must sign an encroachment agreement for the western retaining wall. 21. The developer's engineer must submit a sketch verifying that construction of the retaining wall on the east side of the property will not compromise the tree preservation area within Outlot C. 22. The contractor must call the City to inspect the connection to the sanitary sewer manhole. 23. The buildings are required to have an automatic fire extinguishing system. 24. The plans must be prepared and signed by design professionals licensed in the State of Minnesota. 25. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 26. As a condition of granting the variance the total signage area, including the logo area, shall not exceed the total area allowed for signage under the ordinance. All voted in favor and the motion carried unanimously with a vote of 6 to O. (Mark Undestad excused himself from this item due to a conflict of interest.) PUBLIC HEARING: ORDINANCE AMENDMENTS TO CHAPTER 20. ZONING. CHANHASSEN CITY CODE. Generous: Thank you Mr. Chairman, commissioners. Some of these are more our housekeeping measures like Section 20-5 from the ordinance specifies all the arterial and collector roads in the city. We just added Bluff Creek Boulevard and we're recommending that it be included in the list. The second amendment is to Section 20-258. Under the licensing section of the ordinance we permit golf courses to have liquor licenses but under the CUP standards we didn't permit it for golf courses, only driving ranges and so we wanted to have it all consistent and in the same language so we're recommending that that be added to Section 20-258, subsection 7. The third issue is in all our commercial industrial districts we discovered that when we cite the landscaping ordinance we, through re-codification of the ordinance we missed the citations changed and so the numbers weren't there. They were.. .now and so rather than cite a specific number we're going to try to cite the entire Article and Division that deals with landscaping and tree preservation and specifically the landscaping standards with setbacks adjacent to parking lots and required standards for plantings... So that affects the neighborhood business district, the highway and business services district, the general business district, the fringe business district, the office and institutional district and the industrial office park districts, so we'd make the same change to all of those. Under Accessory structures, Section 20-904. Currently we limit the size of accessory structures for properties that are single family residential to 1,000 square feet. What 20 we've been running into is a lot of people that have A-2 property that is no longer farmed are coming in and building 2,000, 3,000 square foot accessory structures for their home and then they start to run businesses out of them which is prohibited under our ordinance. We believe that if we limit the size of the accessory structure we would hopefully contain some of that. Existing farmsteads, ifthey want to continue in the community, other existing accessory structures will be grandfathered in so they can keep them. Maintain them. Replace them if they bum down to anything. And they would have to come through the variance. Long term we don't anticipate that Chanhassen will remain an agricultural community. So we're requiring that, we added the A2, which is the Agricultural Estate, the RR which is Rural Residential and the Residential Low and Medium Density Districts to this standard. Papke: Now is this for an individual accessory structure? What if I build 2 or 3 of them? Generous: They're cumulative so you wouldn't be able to go over. Papke: Is that clear from the way this is written here? Because this reads the accessory structures shall not exceed. I could ostensibly read that to say that, well each of the individual structure. Generous: I should say it's been interpreted that it's a cumulative. We'll now we can be specific that. Papke: I think that would be good. Keefe: I agree. Generous: ... total accessory structure shall not be more than. McDonald: Or you could just say the cumulative square feet shall not exceed 1,000 square feet. Generous: Or cumulative square feet shall not exceed 1,000 square feet. Larson: 1,000 or 2,000? Generous: 1,000. So we wouldn't change the, that's the way we've been interpreting this. And the other stuff is just... Section 20-1024. We permit barbed wire in agricultural districts and not the electric fences for keeping their cattle on the property so we wanted to put that in. We have some in the community. Papke: But would this include like equestrian lots? Rural residential, RR type lots. Would this prohibit? Generous: If they're in the RR district, not it's only in the A2. Agricultural. RR is considered residential. 21 Papke: Yeah, it's rural residential so I'm just clarifying. So just to make sure I understand so that the equestrian places down along Pioneer Trail or 98th, down there, any of those, I think there's a couple of those that have electric fences. Would they be grandfathered in? Generous: The existing ones would be grandfathered. Keefe: Well didn't this come up on the Arboretum property on the north side. They have a fence on the north side to separate them from Westwood and. Generous: Yes, it's existing. Keefe: Is this part of where this came out of or? Generous: It was for, we were looking at existing farmsteads that once had cattle. Our ordinance actually doesn't address... Papke: You don't need to answer it now. If you can just follow up on it later, Ijust wanted to make sure I understood what the spirit was. Generous: The next item, the fa~ade transparency issue that came out of the Heartland building when we were talking about should we not require. . . so this is what we drafted up for it. I put a lot of information in there. Papke: Yeah, it's pretty tough to pass through that. I mean what are we really saying here? Generous: What we're saying then is if you have a building that was approved and built prior to September 24,2001 that you have some relief from this standard, as long as you at a minimum maintain the architectural detailing that was approved as a part of that. So if you have... windows and signage and things like that, as long as you keep that, you could reduce the 50% requirement. We would always encourage people to provide as many windows as they could... Additionally the second part, so that's where existing. McDonald: Before you go on. Does that get to the issue that we raised earlier about the variances we've been issuing on these buildings about the 50%? Generous: It wouldn't do it for the new, for that one that just came in because that was... because they were showing...it was due to site constraints in that case. Papke: But it would have addressed the Heartland? Generous: It would address the Heartland because they did, they matched... That's partially what the second paragraph deals with. It's due to the function of the building or the interior of the building that it's possible, or it's not really... that windows would be appropriate, then we'd reduce it. 22 Papke: Bob, the way this is written, it almost seems to infer that all this applies only to buildings you know put in before September 24,2001. Do you only intend that the first paragraph applies to that and then paragraphs 2 and 3 apply to new construction? Generous: Right. Papke: You might want to make that more explicit because as I was reading this, that didn't pop out at all in my brain. I thought the whole thing was just for grandfathering. Generous: No, the intent was to make it separate. This part would apply to the existing buildings and again we tried to point out, whether the real windows work, while a freezer in a convenience store, you wouldn't want to put a glass window in...so those are architectural things that we would require them to do on a regular window. Right now those are technically prohibited. Would need a variance. So we can get all the architectural detailing that we want and that's, the third paragraph that's all that deals with architectural features that you can incorporate in a building to help make up for the lack of actual windows and doors. So when a freezer is.. .Kwik Trip, that's all they have is a freezer and a window. Plus they didn't have the same standards at the time that you know it could happen again. Mechanical room... McDonald: To follow up on what Commissioner Papke brought up. I am also confused in reading that because we're talking about for buildings that were built prior to September 24, 2001. We have these standards but they're already built so I'm confused, why are we doing that? There's nothing that says at a date going forward this is the new stuff. And I think your intent is yeah, we're trying to address issues that have come up in the past and going forward we're trying to give people a little bit more leeway or freedom or you know, ways to design things, if I'm hearing you. I'm not sure this is what that says. Generous: If they can yes. And if they can't meet the standard because of the actual function of the building. McDonald: Okay. Generous: And that's what I was trying to get at through this. McDonald: I again look at it, I mean Mark is a developer. What would you think about this kind of wording? Is this confusing as far as going forward? You know do we need to go into a little bit more detail? Undestad: I mean I kind of understand it. McDonald: I mean I'm not a developer and I'm not you know someone but just reading this, I would agree on, I'm not sure that going forward, what's the purpose of putting in 2001? That's where I get confused and I see nothing that says going forward you know from April, 2007 these new standards would apply to any new buildings? 23 Generous: Would it be clear if that paragraph went up as part of the first paragraph? 50% transparency. Where we said this is the standard. But where you can't do it because of these circumstances. Papke: I think he just stated you know, get somebody else to take a look at these and you know, when it's not 10:00 at night. McDonald: Yeah, I agree. You need to look at it because we're confused and I guess our concern is would someone else be confused about this and yeah, we would like some clarity. We understand what you want but we're not sure we're reading that. We agree with your intent, it's just. Generous: Yeah, we can even hold that back and... I think I've got the gist, you want...and like I said, the last paragraph just provides some direction I think for architectural detailing. It would be acceptable alternatives and ordinance. Then Section 20-1265. This is one that came up. We had some interior windows, signage open. Signs that were flashing and we got people to turn them off and we just wanted to put language in our ordinance that was very specific that you couldn't do that... Keefe: Excessively bright is kind of non-specific. Generous: And I was going back and forth on that. That's from existing language on the nuisance section and I don't know how you do the standard. Definitely if the flashing and blinking, everyone can agree on that. Excessively bright, that's more subjective and we did it with the mattress building because technically there's no standard but we said that's really a nuisance. It's too bright and we were able to get them to turn down the voltage on the signage and reduce the glow in the night to that. Larson: Does this only apply to commercial? Generous: Window size. Larson: W ell lights in general. I have a neighbor that's got like, down the stairs and down this way, it looks like an airport. Is that? Generous: Yeah, then you get into the nuisance. There's a specific ordinance... Larson: Oh I would never say anything but it's just sort of like... Generous: The intent was to address commercial. The next amendment is Section 20-1452. This is pointed out by, when we amended our ordinance we deleted the heading that those were implied and so this clarifies that and this is where it applies. And then Section 20-1513 came out of the tower discussion. What happens if you're close to a residential neighborhood and we tried to come up with numbers. How close would you want to be if their equipment to be in a building as opposed to on a platform and so we came up with this standard there. If you're within 150 feet of an actual building, then it would have to be in a building. And that's it. And 24 the attachment is actually the ordinance... We recommend that that be adopted and if you want me to just, we can delete that one section that deals with fac;ade transparency, we can handle that separately or table the whole thing... McDonald: Are you in favor of tabling it and having him bring it back when we can have a better opportunity to go through it, yeah. Papke: Yeah. That way we can just. Generous: People might add extra things but...then they say oh, by the way. Larson: Don't tell anyone. McDonald: Well I take it that the commissioners, as we went through, we kind of questioned. No one has any additional questions on this. This is a public meeting so at that point I would open this up to the public and anyone that wanted to come forward and make comment on any of this, please do so and again step to the podium. State your name and address to commissioners. Debbie Lloyd: Was this a public hearing on this? McDonald: Yes. Debbie Lloyd: You're kidding? McDonald: No. Debbie Lloyd: There was not an adequate notice on this because these, Debbie Lloyd, 7302 Laredo Drive. I contend there was not adequate notice on these changes because I got forward Bluff Creek Boulevard. Was this in your packet for tonight? McDonald: Yes. Generous: It was noticed in the paper too. It didn't specify the sections. It just noticed that amendments to Chapter 20. Debbie Lloyd: And this deal about the setback from the Highway 5. Generous: Oh yes. Debbie Lloyd: When did all this happen? Generous: Well we were, initially we were going to do it last time but I didn't get the notice to the paper in time to have the 10 day notice prior to the hearing. Dillon: So what's the issue? 25 Debbie Lloyd: Bob knows that I've been harping on a couple of these things so I'm really surprised to see it here tonight because I haven't you know. Dillon: Well do we know what you're harping about? Debbie Lloyd: Bob does. The City does. Keefe: Well if there's adequate notice I mean which is what you were questioning right? Debbie Lloyd: Yeah. McDonald: If the issue is notice. Debbie Lloyd: I guess I do want to do a little research on the history of one of these and that's what I want to do. McDonald: Then at that point you have opportunity at the City Council. Debbie Lloyd: I'm sorry. McDonald: At that point then you would have an opportunity at the City Council. Debbie Lloyd: Correct. I know the procedure, thank you. McDonald: Okay. Does anyone else wish to come up to make comment? Seeing no one else step forward, we'll close the public meeting. I'll bring it back for the commissioners for any discussion and debate. Dan? Mark? Debbie? Kathleen? Kevin? Dillon: No comments. McDonald: Kurt? Then I would be willing to accept a motion from the commissioners. I guess the motion is to accept. Papke: Go ahead. Keefe: The Chanhassen Planning Commission recommends the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code with I guess an amendment to table the proposed change for Section 20-1068. I believe that was the one right? McDonald: Do we have a second? Larson: Second. McDonald: Okay. 26 Keefe moved, Larson seconded that the Chanhassen Planning Commission recommend that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code, and table Section 20-1068. All voted in favor and the motion carried unanimously with a vote of 7 to O. APPROVAL OF MINUTES: Commissioner Papke noted the summary minutes of the Planning Commission meeting dated April 17, 2007. Chairman McDonald adjourned the Planning Commission meeting at 9:40 p.m.. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 27 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: May 15,2007 SUBJ: Potential Zoning Ordinance Amendments Chapter 20 of the Chanhassen City Code The Planning Commission has review responsibility for Chapter 20. A public hearing is required to make changes in these chapters. We are requesting that the Planning Commission review the proposed revisions to Chapter 20 and recommend an ordinance amendment incorporating the changes. Staff has prepared a strike-through (delete) and bold (add) format to review the proposed changes. ISSUE: Since the last City Code update, the city has added Bluff Creek Boulevard as a collector road within the 2005 MUSA. However, the code does not recognize this roadway as a collector road. Sec. 20-5. Identification of arterial and collector streets. For purposes of this chapter, the following are identified as arterial and collector streets: Arterial Streets: County Road 14 (Pioneer Trail) County Road 17 (Powers Boulevard) County Road 17 (Audubon Road south of Lyman Boulevard) County Road 18 (Lyman Boulevard, west of Trunk Highway 101) County Road 19 (Galpin Boulevard south ofT.H. 5) Trunk Highway 5 Trunk Highway 7 Trunk Highway 41 Trunk Highway 10 1 Trunk Highway 169 Trunk Highway 212 Collector Streets: Audubon Road (north of Lyman Boulevard) Bluff Creek Boulevard Bluff Creek Drive Century Boulevard (from West 78th St. to 82nd St.) Coulter Boulevard County Road 117 (Galpin Boulevard north ofT.H. 5) Dell Road (south of Trunk Highway 5) The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Planning Commission May 15,2007 Page 2 of 12 Kerber Boulevard Lake Drive Lake Drive East Lake Drive West Lake Lucy Road Longacres Drive Lyman Boulevard (east of Trunk Highway 101) Market Boulevard Minnewashta Parkway Pleasant View Road West 78th Street PROPOSED CHANGE: Add Bluff Creek Boulevard within the list of designated collector roadways. ISSUE: The language is inconsistent between golf courses and golf driving ranges and Chapter 10 dealing with liquor licenses. Sec. 20-258. Golf course. (1) Hours of operation shall be from sunrise to sunset. (2) Soil must be tested to determine fertilizing requirements. If necessary, the applicant/owner/lessee shall use slow release fertilizers applied at low rates or only as needed, use natural organic fertilizers whenever possible. The use of fertilizers shall be prohibited within the floodplain. Only phosphorous free fertilizers shall be used. (3) The applicant/owner/lessee shall apply pesticides only when needed. Use products that are most effective, target specific, and present the least hazards to people, wildlife, and the environment. (4) The applicant/owner/lessee shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency, Minnesota Department of Health, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. (5) Annual reports of fertilizer use shall be provided to the city. (6) A clubhouse may be permitted on the site. The clubhouse must be shown on the site plan and must comply with all building and zoning requirements. (7) A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20 percent of one floor. A 3.2 malt liquor license is allowed provided the applicant applies and receives approval of a liquor license in accordance with City Code. Retail sales are limited to food, beverages, and golf related items. (8) All maintenance and other equipment must be kept in a screened storage area. (9) The golf course must be accessed from a collector or arterial roadway. (10) The site design shall minimize golf ball hazards. (11) Hours of maintenance operation shall be limited to sunrise to sunset. (12) No outside speaker systems shall be allowed without approval from the city council. (13) A water consumption and use study must be submitted to the city for review. Sec. 20-259. Golf driving ranges. The following applies to golf driving ranges with or without a miniature golf course: Planning Commission May 15, 2007 Page 3 of 12 (1) The location ofthe driving range is limited to being adjacent to TH 5 and TH 212 and access must be from a collector or arterial which leads to TH 5 or TH 212. (2) Hours of operation shall be from sunrise to sunset. (3) Provision of adequate parking areas and submission oflandscaping plan shall be in conformance with article VIII of this chapter. (4) No site shall be located within 500 feet of a single-family residence. (5) Buildings on the site may not exceed 800 square feet and shall be painted in earth tones. (6) A retail pro shop is permitted. Only prepackaged food may be sold with no commercial cooking appliance allowed. A 3.2 malt liquor license is allowed provided the applicant applies and receives approval of a liquor license in accordance with City Code. Retail sales are limited to golf related items and the pro shop. PROPOSED CHANGE: Amend section 20-258 (7) to incorporate the malt liquor provision as specified in section 20-259 (6) consistent with the licensing standards of Chapter 10. ISSUE: Incorrect citation for landscaping requirements adjacent to off-street parking areas. Sections 20-1191 and 20-1192 do not exist. "BN" NEIGHBORHOOD BUSINESS DISTRICT Section 20-695 (6) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised ofberming and landscaping. Screening through the use of fencing is not permitted. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Section 20-715 (6) Off-street parking shall comply with district setback requirements except: Planning Commission May 15,2007 Page 4 of 12 a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five feet above the adjacent parking lot. The intent ofthis section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised ofberming and landscaping. Screening through the use of fencing is not permitted. "BG" GENERAL BUSINESS DISTRICT Section 20-755 (5) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised ofberming and landscaping. Screening through the use of fencing is not permitted. "BF" FRINGE BUSINESS DISTRICT Section 20-774 (5) Off-street parking shall comply with district setback requirements except: Off-street parking shall comply with district setback requirements except: Planning Commission May 15,2007 Page 5 of 12 a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised ofbenning and landscaping. Screening through the use of fencing is not pennitted. 'or OFFICE AND INSTITUTIONAL DISTRICT Section 20-795 (5) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 seotions 20 1191 and 20 1192 pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five feet above the adjacent parking lot. The intent ofthis section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised ofbenning and landscaping. Screening through the use of fencing is not pennitted. "lOP" INDUSTRIAL OFFICE PARK. DISTRICT Section 20-815 (5) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 sections 20 1191 and 20 1192 pertaining to landscaping requirements. Planning Commission May 15, 2007 Page 6 of 12 b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. c. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of-way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five feet above the adjacent parking lot. The intent ofthis section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised ofberming and landscaping. Screening through the use of fencing is not permitted. PROPOSED CHANGE: Amend Sections 20-695 (6) (a), 20-715 (6) (a), 20-755 (5) (a), Section 20-774 (5) (a), 20-795 (5) (a) and 20-815 (5) (a) to incorporate the correct citation. ISSUE: City code limits the size of accessory structures for properties zoned RSF and R4, but not in the RLM district nor in the A2 and RR zoning districts since they were at one time related to agricultural uses. The City's comprehensive plan does not provide for a purely agricultural land use, but supports the preservation of this use in greater Carver County. As the City continues to grow, agricultural uses are being replaced by estate homes. What continues to happen is that contractors purchase the property, build accessory structures to house their businesses, then the City is stuck enforcing the home occupation code, which prohibits the use of accessory structures for home occupations. In order to address this issue, staff is proposing including all districts, which permit single-family homes, within the accessory structure size limitation. While this will create non-conforming structures on A2 and RR, these non-conformities would be permitted to stay and be maintained, but not enlarged. For legitimate agricultural uses, this should not affect their continued operation. Sec. 20-904. Accessory structures. (a) A detached accessory structure, except a dock, shall be located in the buildable lot area or required rear yard. No accessory use or structure in any residential district shall be located in any required front, side or rear setback with the following exceptions: (1) In the A2, RR, RSF, RLM and R4 Districts accessory structures shall not exceed 1,000 square feet. In the RSF, RLM and R4 districts t+hese structures may encroach into the rear setback as follows: a. Less than 140 square feet, minimum rear setback is five feet. b. One hundred forty-one to 399 square feet, minimum rear setback is ten feet. c. 400 square feet and above, minimum rear setback is 30 feet, except in the RLM district where the minimum rear setback is 25 feet. (2) On riparian lots, detached garages and storage buildings may be located in the front or rear yard but must comply with front, side and applicable ordinary high water mark setbacks and may not occupy more than 30 percent of the yard in which it is built. Planning Commission May 15, 2007 Page 7 of 12 (3) Tennis courts and swimming pools may be located in rear yards with a minimum side and rear yard setback of ten feet, but must comply with applicable ordinary high water mark setbacks. (b) A detached accessory structure may occupy not more than 30 percent of the area of any rear yard. (c) For parcels with less than three acres in any residential or agricultural district, no accessory structure or use shall be erected, constructed, or commenced prior to the erection, construction, or commencement of the principal permitted structure or use, but may be erected or commenced simultaneously. If the principal structure or use is subsequently removed, destroyed, or discontinued, the accessory structure or use must be removed or discontinued within 12 months. PROPOSED CHANGE: Staff recommends that section 20-904 (a) (1) be amended to add the RLM, A2 and RR districts to limitation on accessory structure sizes. ISSUE: Electric fences are not currently regulated. Sec. 20-1024. Barbed wire and electric fences. Barbed wire and electric fences are prohibited in all residential districts. Barbed wire and electric fences are permitted in agricultural districts. PROPOSED CHANGE: Amend section 20-1024 to add electric fences. ISSUE: }...s part of the expansion of existing buildings and with the construction of office warehouse buildings, the city has encountered difficulties and granted variances from the faQade transparency requirements of section 20 1068. Staff has prepared exceptions for structures built prior to adoption of the design standards, where the building's use or function precludes the use of windov:s in certain areas or on properties vrith multiple street frontages. For buildings that were built prior to adoption ofthe ordinance, the city will encourage the use of transparent windo':/s or doors, but would permit a relaxation of the requirement if they are at a minimum maintaining the existing patterns and details ofthe existing building architecture. For buildings '.vith a use or function that does not readily allo'll 'l.'indows, e.g., freezer areas in stores or warehouse or manufacturing spa"'e in industrial buildings, we could relax the standards by not requiring the windows at the lower level, permitting the use of spandrel glass or architectural detailing which proyides patterning and shadowing that pro~lides aesthetic interest. }~reades a series of arches supported on piers or columns. Basses a projecting masonry or rook f-eamre or ornament in a wall. Buttresses a projecting support built into or against the outside of a masonry wall. Clerestories a portion ofthe wall rising above the adjacent rooftops and having windows. Colonnades a series of regularly spaced columns usually supporting one side of a roof structure. Planning Commission May 15, 2007 Page 8 of 12 Corbeling an o'..erlapping arrangement of bricks or stones in which each course steps up'.vard and outward from the vertical face of a wall. Embrasures a small or narrow opening in a 'lIall. Fenestration the design, proportioning and disposition of windows and other exterior openings of a building. Loggias a colonnaded or arcaded space within the body of a building but open on one side, often at an upper story. Lunettes an area in a plane of a 'lIall framed by an arch or vault which may oontain a windo'N. Pilasters a shallow rectangular feature projecting from a Viall, having a oapital and base and architeoturally treated as a column. Portals a doorway, gate or entrance, emphasized by size and architeotural treatment. Quoins an exterior angle of a masonry wall, or one of the stones or bricks forming such an angle, usually differentiated from adjoining surfaces by material, texture, color, size or projection. See. 20 1068. Facade transpareney. Fifty percent of the first floor faoade that is viewed by the publio shall be designed to include transparent windows and/or doors to minimize expanses of blank walls. (Reflecti'.'e glass is not permitted.) If the building is a one story design and the first floor elevation exceeds 12 feet, then only the first 12 feet in building height shall be inoluded in oalculating the faoade area. The remaining 50 percent of the first floor facade that is viev/ed by the public shall be designed to include any or all of the f-allowing: . Landscape materials (plant material, yertioal trellis with vines, planter boxes, etc.) . .^..rchitectural detailing and articulation that provides texture on the faoade and/or parking structure openings. For buildings that were built prior to September 24, 2001, the city will eneourage the use of transparent wiBdows or doors as part of any building expansion. HO'lveyer provided the Planning Commission May 15, 2007 Page 9 of 12 expansion, at a minimum, maintains the existing patterns and details of the existing building arehiteeture, the proposed expansion would not be required to meet the SO pereent transparency requirement. Far buildings with a use or function that does not readily allow windo'\"I's, e.g., freezer areas, meehanical roams, security areas, storage areas or warehouse or manufaeturing spaee in commereial or industrial buildings, the fenestration standards may be redueed. 1I0weyer, the arehiteeture detailing must be proyided by the use of upper level ...:indows, the use of spandrel glass or arehitectural detailing whieh provides arehes, patterning, reeesses and shadowing that provide aesthetic interest. Architectural detailing may inelude such things as ehange in materials, ehange in eolor, and ather signifieant yisual relief provided in a manner or at interyals in Ireeping with the size, mass, and seale of the waD. }",rehiteetural detailing may inelude areades, arehes, bosses, buttresses, elerestories, eolonnades, eolumns, eorbeling, loggias, pilasters, portals, quoins, silos, tiling and towers. Additional arehiteetural elements may inelude the use of awnings, eanopies, embrasures, lunettes, plant boxes, reeesses and shutters. PROPOSED CHANCE: }Jllend section 20 1068 to incorporate exceptions to the fac;ade transparency requirement. ISSUE: Flashing or blinking signs visible in windows have been used to attract attention to businesses. The use of such signage could circumvent the motion signage requirements in the ordinance. Staff is proposing that such signage be specifically addressed as part of the window signage requirements. Sec. 20-1265. General location restrictions. (a) No sign or sign structure shall be closer than ten feet to any lot line. Signs shall not be located in the sight distance triangle of any private driveway or access. Signs shall not be located in any sight distance triangle of a public intersection. (b) Signs on nonresidential property which are immediately adjacent to residential uses or districts shall be positioned so that the copy is not visible along adjoining side and rear yard property lines. (c) No sign, other than governmental signs, shall be erected or placed upon any public street, right-of-way, or project over public property unless approved by the city and contingent upon an approved encroachment agreement. Temporary signs may not be erected or placed in a public easement unless approved by the city. No sign shall be placed within any drainage or utility easement without an approved encroachment agreement. (d) Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop," "Caution," "Warning," unless the sign, is intended to direct traffic on the premises. (e) No signs, guys, stays or attachments shall be erected, placed or maintained on rocks, fences or trees nor, interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (t) No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. Planning Commission May 15, 2007 Page 10 of 12 (g) Window signs shall not cover more than 50 percent of the total window area in which they are located. The area of a window sign shall be interpreted as the total window area for that face of the building. In no case shall the total window sign area exceed the permitted wall sign area defined in this ordinance for said district. Buildings with less than 32 square feet of window area are exempt from this provision. Signage visible through windows shall not blink, flash, scroll or have anything but constant illumination, when illuminated, nor be excessively bright. PROPOSED CHANGE: Amend section 20-1265 (g) to address illuminated signage visible through windows. ISSUE: The additional setback requirements were originally adopted to apply to development west of the existing downtown. This was due to the fact that the majority of the area east of Powers Boulevard had already been developed under the existing zoning standards, but the area west of Powers Boulevard was mostly undeveloped in 1994. Over time, the design standards included in the Highway Corridor District were incorporated into the Design Standards for Commercial, Industrial and Office-Institutional Developments of Chapter 20, Article XXIII, Division 7 of the Chanhassen City Code. In deleting these standards, the clarification as to where the additional setback standards applied was deleted. The original language is shown below (from Ordinance Number 212, approved July 11, 1994): DIVISION 2. HC-2 DISTRICT Sec. 20-1460. Purpose and Intent. The purpose and intent ofthe HC-2 district is the same as the HC-l district with certain modifications to the district standards reflecting that the area within the HC-2 district is not part of the City's central business district. Sec. 20-1461. District Application. The "HC-l" district shall be applied to and super imposed (overlaid) upon all zoning districts as contained herein as existing or amended by the text and map of this ordinance. The regulations and requirements imposed by the "HC-l " district shall be in addition to these established for districts which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply. Sec. 20-1462. Building and Parking Orientation. The building and parking orientation standards for the HC-l district shall apply, together with the following additional requirements: (a) On building lots that abut Highway 5 directly, the minimum building setback from the highway right-of-way shall be seventy (70) feet. The maximum building setback from the highway right-of-way for all buildings except single family residences shall be one hundred fifty (150) feet. No maximum building setback shall apply to single family residences. Planning Commission May 15, 2007 Page 11 of 12 (b) On building lots that abut either of the access boulevards parallel to Highway 5, the minimum building setback from the boulevard right-of-way shall be fifty (50) feet. The maximum building setback from the boulevard right-of-way shall be one hundred (100) feet. Staff is proposing the following revision: 20-1462. Building and parking orientation. (a) On building lots within the HC-2 district that abut Highway 5 directly, the minimum building setback from the highway right-of-way shall be 70 feet. The maximum building setback from the highway right-of-way for all buildings except single-family residences shall be 150 feet. No maximum building setback shall apply to single-family residences. (b) On building lots within the HC-2 district that abut either of the access boulevards parallel to Highway 5, the minimum building setback from the boulevard right-of-way shall be 50 feet. The maximum building setback from the boulevard right-of-way shall be 100 feet. Ord. No. 212, ~ 8, 7-11-94; Ord. No. 377, ~ 151,5-24-04) PROPOSED CHANGE: Amend section 20-1462 to include the clarification on where the additional setback requirements apply. ISSUE: Currently there are no standards regarding enclosing accessory utility buildings for telecommunication towers. Staff is recommending that equipment adjacent to residential properties should be within a building. Sec. 20-1513. Accessory utility buildings. Telecommunication equipment accessory to a tower shall be located within a building if such equipment is within 150 feet of the closest point of a residential building. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size, and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements ofthe underlying zoning district. The use of compatible materials, such as wood, brick, or stucco, is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to [ with] existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. PROPOSED CHANGE: Amend section 20-1513 to incorporate the use of buildings to house equipment within 150 of a residential structure. Planning Commission May 15,2007 Page 12 of 12 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Chanhassen Planning Commission recommends that the City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code." ATTACHMENTS 1. Ordinance Amending Chapter 20, Zoning. g:\plan\bg\city code\pc memo may 2007 revisions.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE, ZONING THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-5 of the City Code, City of Chanhassen, Minnesota, is hereby amended by adding the following to the list of Collector Streets: Bluff Creek Boulevard Section 2. Section 20-258 (7) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: A retail pro shop is permitted within the clubhouse. Retail operations shall not occupy more than 20 percent of one floor. A 3.2 malt liquor license is allowed provided the applicant applies and receives approval of a liquor license in accordance with City Code. Retail sales are limited to food, beverages, and golf related items. Section 3. Section 20-695 (6) a. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 pertaining to landscaping requirements. Section 4. Section 20-715 (6) a. of the City Code, City ofChanhassen, Minnesota, is hereby amended to read as follows: There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 pertaining to landscaping requirements. Section 5. Section 20-755 (5) a. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 pertaining to landscaping requirements. Section 6. Section 20-774 (5) a. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 pertaining to landscaping requirements. 1 Section 7. Section 20-795 (5) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 pertaining to landscaping requirements. Section 8. Section 20-815 (5) a. of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: There is no minimum setback when it abuts a railroad right-of-way, except as provided in Chapter 20, Article XXV, Division 3 pertaining to landscaping requirements. Section 9. Section 20-904 (a) (1) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: In the A2, RR, RSF, RLM and R4 Districts accessory structures shall not exceed 1,000 square feet. In the RSF, RLM and R4 districts these structures may encroach into the rear setback as follows: a. Less than 140 square feet, minimum rear setback is 5 feet. b. 141 to 399 square feet, minimum rear setback is 10 feet. c. 400 square feet and above, minimum rear setback is 30 feet, except in the RLM district where the minimum rear setback is 25 feet. Section 10. Section 20-1024 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Barbed wire and electric fences. Barbed wire and electric fences are prohibited in all residential districts. Barbed wire and electric fences are permitted in agricultural districts. Section 11. Section 20-1265 (g) of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Window signs shall not cover more than 50 percent of the total window area in which they are located. The area of a window sign shall be interpreted as the total window area for that face of the building. In no case shall the total window sign area exceed the permitted wall sign area defined in this ordinance for said district. Buildings with less than 32 square feet of window area are exempt from this provision. Signage visible through windows shall not blink, flash, scroll or have any but constant illumination, when illuminated, nor be excessively bright. Section 12. Section 20-1462 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 2 (a) On building lots within the HC-2 district that abut Highway 5 directly, the minimum building setback from the highway right-of-way shall be 70 feet. The maximum building setback from the highway right-of-way for all buildings except single-family residences shall be 150 feet. No maximum building setback shall apply to single-family residences. (b) On building lots within the HC-2 district that abut either of the access boulevards parallel to Highway 5, the minimum building setback from the boulevard right-of-way shall be 50 feet. The maximum building setback from the boulevard right-of-way shall be 100 feet. Section 13. Section 20-1513 of the City Code, City ofChanhassen, Minnesota, is hereby amended to read as follows: Telecommunication equipment accessory to a tower shall be located within a building if such equipment is within 150 feet of the closest point of a residential building. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size, and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials, such as wood, brick, or stucco, is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to [with] existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. Section 14. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 29th day of May, 2007, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) 3