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4. Chapter 20 Ordinance Amendments 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 WIVW.ci .chanhassen.m n. us '-f MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner ~ C9 .' May 15,2007 DATE: 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: Within the 2005 MUSA, the City has added Bluff Creek Boulevard as a collector road. 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 101 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 of T.H. 5) Dell Road (south of Trunk Highway 5) The City of Chanhassen · A growing community with clean lakes, quality schools, a chanming 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 Dri ve 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 of the 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 of landscaping 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 setbackis 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 of berming 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 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 of berming 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 of berming 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 of berming and landscaping. Screening through the use of fencing is not permitted. '01' 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 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 of berming and landscaping. Screening through the use of fencing is not permitted. "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 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 of berming 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: As 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 fa~ade 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 windows in certain areas or on properties with multiple street frontages. For buildings that were built prior to adoption of the ordinance, the city will encourage the use of transparent windows or doors, but would permit a relaxation of the requirement if they are at a minimum maintaining the existing patterns and details of the existing building architecture. For buildings with a use or function that does not readily allow windows, e.g., freezer areas in stores or warehouse or manufacturing space 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 provides patterning and shadowing that provides aesthetic interest. Arcades - a series of arches supported on piers or columns. Bosses - a projecting masonry or rock feature or ornament in a wall. Buttresses - a projecting support built into or against the outside of a masonry wall. Clerestories - a portion of the 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 overlapping arrangement of bricks or stones in which each course steps upward and outward from the vertical face of a wall. Embrasures - a small or narrow opening in a wall. 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 wall framed by an arch or vault which may contain a window. Pilasters - a shallow rectangular feature projecting from a wall, having a capital and base and architecturally treated as a column. Portals - a doorway, gate or entrance, emphasized by size and architectural 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. Sec. 20-1068. Facade transparency. Fifty percent of the first floor facade that is viewed by the public shall be designed to include transparent windows and/or doors to minimize expanses of blank walls. (Reflective 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 included in calculating the facade area. The remaining 50 percent of the first floor facade that is viewed by the public shall be designed to include any or all of the following: · Landscape materials (plant material, vertical trellis with vines, planter boxes, etc.) · Architectural detailing and articulation that provides texture on the facade and/or parking structure openings. -1 For buildings that were built prior to September 24, 2001, the city will encourage the use of transparent windows or doors as part of any building expansion. However 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 architecture, the proposed expansion would not be required to meet the 50 percent transparency requirement. For buildings with a use or function that does not readily allow windows, e.g., freezer areas, mechanical rooms, security areas, storage areas or warehouse or manufacturing space in commercial or industrial buildings, the fenestration standards may be reduced. However, the architecture detailing must be provided by the use of upper level windows, the use of spandrel glass or architectural detailing which provides arches, patterning, recesses and shadowing that provide aesthetic interest. Architectural detailing may include such things as change in materials, change in color, and other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall. Architectural detailing may include arcades, arches, bosses, buttresses, clerestories, colonnades, columns, corbeling, loggias, pilasters, portals, quoins, silos, tiling and towers. Additional architectural elements may include the use of awnings, canopies, embrasures, lunettes, plant boxes, recesses and shutters. PROPOSED CHANGE: Amend 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. (f) 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 of the 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 (l00) 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. Drd. No. 212, S 8, 7-11-94; Ord. No. 377, S 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 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. 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 RECOMMENDA TION 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 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 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 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. 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 20-1068 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: 1. Fifty percent of the first floor facade that is viewed by the public shall be designed to include transparent windows and/or doors to minimize expanses of blank walls. (Reflective 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 included in calculating the facade area. 2. The remaining 50 percent of the first floor facade that is viewed by the public shall be designed to include any or all of the following: a. Landscape materials (plant material, vertical trellis with vines, planter boxes, etc.) 2 b. Architectural detailing and articulation that provides texture on the facade and/or parking structure openings. 3. For buildings that were built prior to September 24,2001, the city will encourage the use of transparent windows or doors as part of any building expansion. However provided the expansion, at a minimum, maintains the existing patterns and details of the existing building architecture, the proposed expansion would not be required to meet the 50 percent transparency requirement. 4. For buildings with a use or function that does not readily allow windows, e.g., freezer areas, mechanical rooms, security areas, storage areas or warehouse or manufacturing space in commercial or industrial buildings, the fenestration standards may be reduced. However, the architecture detailing must be provided by the use of upper level windows, the use of spandrel glass or architectural detailing which provides arches, patterning, recesses and shadowing that provide aesthetic interest. 5. Architectural detailing may include such things as change in materials, change in color, and other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall. Architectural detailing may include arcades, arches, bosses, buttresses, clerestories, colonnades, columns, corbeling, loggias, pilasters, portals, quoins, silos, tiling and towers. Additional architectural elements may include the use of awnings, canopies, embrasures, lunettes, plant boxes, recesses and shutters. Section 12. 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 3 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 13. Section 20-1462 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: (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 14. 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 15. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of _, 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 ) 4