Ordinance 149. CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 149
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE ZONING ORDINANCE
The City Council of the City of Chanhassen ordains:
Section 1. Article VIII, Planned Unit Development District of
the Chanhassen City Code is amended as follows:
ARTICLE VIII, PLANNED UNIT DEVELOPMENT DISTRICT
DIVISION I. GENERALLY
Section 20-501. Intent.
Planned unit developments offer enhanced flexibility to develop a
site through the relaxation of most normal zoning district
standards. The use of the PUD zoning also allows for a greater
variety of uses, internal transfers of density, construction
phasing and a potential for lower development costs. In exchange
for this enhanced flexibility, the City has the expectation that
• the development plan will result in a significantly higher quality
and more sensitive proposal than would have been the case with the
use of other, more standard zoning districts. It will be the
applicants responsibility to demonstrate that the City's
expectations are to be realized as evaluated against the following
criteria:
Planned unit developments are to encourage the following:
(1) Preservation of desirable site characteristics and open space
and protection of sensitive environmental features, including
steep slopes, mature trees, creeks, wetlands, lakes and scenic
views.
(2) More efficient and effective use of land, open space and
public facilities through mixing of land uses and assembly and
development of land in larger parcels.
(3) High quality of design and design compatible with surrounding
land uses, including both existing and planned. Site
planning, landscaping and building architecture should reflect
higher quality design than is found elsewhere in the
community.
(4) Sensitive development in transitional areas located between
• different land uses and along significant corridors within the
city. ,
• (5) Development which is consistent with the comprehensive plan.
(6) Parks and open space. The creation of public open space may
be required by the city. Such park and open space shall be
consistent with the comprehensive park plan and overall trail
plan.
(7) Provision of housing affordable to all income groups if
appropriate within the PUD.
(8) Energy conservation through the use of more efficient building
designs and sightings and the clustering of buildings and land
uses.
(9) Use of traffic management and design techniques to reduce the
potential for traffic conflicts. Improvements to area roads
and intersections may be required as appropriate.
Section 20-502. Allowed uses.
Specific uses and performance standards for each PUD shall be
delineated in a development plan.
(a) Each PUD shall only be used for the use or uses for which
the site is designated in the comprehensive plan, except
that the city may permit up to 25 percent of the gross
floor area of all buildings in a PUD to be used for land
uses for which the site is not designated in the
comprehensive plan if the city council finds that such
use is in the best interests of the city and is
consistent with the requirements of this section.
Specific uses and performance standards for each PUD
shall be delineated in a PUD development plan.
(b) Where the site of a proposed PUD is designated for more
than one land use in the comprehensive plan, city may
require that the PUD include all the land uses so
designated or such combination of the designated uses as
the city council shall deem appropriate to achieve the
purposes of this ordinance and the comprehensive plan.
Section 20-503. District size and location.
(a) Each PUD shall have a minimum area of 5 acres, unless the
applicant can demonstrate the existence of one of the
following:
1) Unusual physical features of the property itself or of
the surrounding neighborhood such that development as a
PUD will conserve a physical or topographic feature of
importance to the neighborhood or community.
• 2) The property is directly adjacent to or across a right-
of-way from property which has been developed previously
• as a PUD or planned unit residential development and will
be perceived as and will function as an extension of that
previously approved development. k
3) The property is located in a transitional area between
different land use categories or on an intermediate or
principal arterial as defined in the comprehensive plan.
Section 20-504. Coordination with other zoning regulations.
a) Subdivision review under Chapter 18 shall be carried out
simultaneously with the review of a PUD. The plans required
under this chapter shall be submitted in addition to or in a
form which will satisfy the requirements of Chapter 18 for the
preliminary and final plat.
b) Site plan review under Article II, Division 6 of this code
shall be carried out for each non -single family or duplex
principal structure, that is proposed.
C) PUD plans shall be coordinated with and in compliance with
provisions of Article V, Flood Plain Overlay District; Article
VI, Wetland Protection, and Article VII, Shoreland Overlay
District.
Section 20-505. Required general standards.
• a) The city shall consider the proposed PUD from the point of
view of all standards and purposes of the comprehensive land
use plan to coordinate between the proposed development the
surrounding use. The city shall consider the location of
buildings, compatibility, parking areas and other features
with response to the topography of the area and existing
natural features, the efficiency, adequacy and safety of the
proposed layout of streets; the adequacy and location of green
areas; the adequacy, location and screening of non -compatible
land uses and parking areas.
b) The applicant shall demonstrate that the PUD plan offers the
city higher quality architectural and site design,
landscaping, protection of wetlands, creeks and mature trees
and buffering for adjoining properties that represent
improvements over normal ordinance standards.
C) Density. An increase/transfer for density may be allowed at
the sole discretion of the city utilizing the following
factors:
1) Density within a PUD shall be calculated on gross acreage
located within the property lines of the site in
accordance with the land use plan.
• 2) The area where the density is transferred must be within
the project area and owned by the proponent.
• 3) Density transfer in single family detached area will be
evaluated using the items listed in Section 20-506.
Density transfer eligible for multiple family areas are
not permitted to be applied to single family areas.
4) In no case shall the overall density of the development
exceed the gross density ranges identified in the
comprehensive plan.
d) The city may utilize incentives to encourage the construction
of projects which are consistent with the city's housing
goals. Incentives may include modification of density and
other standards for developments providing low and moderate
cost housing. Incentives may be approved by the city only
after the developer and city have entered into an agreement to
ensure that the low and moderate cost units remain available
to persons of low and moderate income for a specific period of
time.
e) Hard surface coverage shall be limited as follows:
Comprehensive Hard surface
Plan Designation Coverage (%)
Low or medium density 30%
residential
• high density residential 50%
office 70%
commercial (neighborhood 70%
or community)
commercial (regional) 700-o
industrial 700-o
Individual lots within a PUD may exceed these standards as
long as the average meets these standards.
f) The setback for all buildings within a PUD from any abutting
street line shall be 30 feet for local streets and 50 feet
from railroad lines for collector or arterial streets, as
designated in the comprehensive plan, except that in no case
shall the setback be less than the height of the building up
to a maximum of 100 feet. The setback for all buildings from
exterior PUD lot lines not abutting a public street shall be
30 feet except that in no case shall the setback be less than
the height of the building up to a maximum of 100 feet.
Building setbacks from internal public streets shall be
• determined by the city based on characteristics of the
specific PUD. Parking lots and driving lanes shall be set
back at least 20 feet from all exterior lot lines of a PUD.
• The setback for parking structures including decks and ramps
shall be 35 feet from local streets and 50 feet from all other
street classifications except that in no case shall the
setback be less than the height of the structure. Parking
structure setbacks from external lot lines shall be 50 feet or
the height of the structure, whichever is greater when
adjacent to residential property; 35 feet when adjacent to
non-residential properties. Parking structure setbacks from
internal public or private streets shall be determined by the
city based on characteristics of the specific PUD.
Where industrial uses abut developed or platted single family
lots outside the PUD, greater exterior building and parking
setbacks may be required in order to provide effective
screening. The city council shall make a determination
regarding the adequacy of screening proposed by the applicant.
Screening may include the use of natural topography or earth
berming, existing and proposed plantings and other features
such as roadways and wetlands which provide separation of
uses. PUD's must be developed in compliance with buffer yard
requirements established by the Comprehensive Plan.
g) More than one building may be placed on one platted or
recorded lot in a PUD.
h) At the time PUD approval is sought from the City, all property
• to be included within a PUD shall be under unified ownership
or control or subject to such legal restrictions or covenants
as may be necessary to ensure compliance with the approved
master development plan and final site and building plan.
After approval, parcels may be sold to other parties without
restriction, however, all parcels will remain subject to the
PUD development contract'that will be recorded in each chain -
of -title.
i) Signs shall be restricted to those which are permitted in a
sign plan approved by the city and shall be regulated by
permanent covenants, established in the PUD Development
Contract.
j) The requirements contained in Articles XXIII, General
Supplemental Regulations, XXIV, Off-street Parking and
Loading, and XXV, Landscaping and Tree Removal. May be
applied by the city as it deems appropriate.
k) The uniqueness of each PUD requires that specifications and
standards for streets, utilities, public facilities and
subdivisions may be subject to modification from the city
ordinances ordinarily governing them. The City Council may
therefore approve streets, utilities, public facilities and
land subdivisions which are not in compliance with usual
• specifications or ordinance requirements if it finds that
strict adherence to such standards or requirements is not
required to meet the intent of this or to protect the health,
• safety or welfare of the residents of the PUD, the surrounding
area or the city as a whole.
1) No building or other permit shall be issued for any work on
property included within a proposed or approved PUD nor shall
any work occur unless such work is in compliance with the
proposed or approved PUD.
Section 20-506. Reserved for Single Family Detached Residential.
Section 20-507. Controls during construction and following
completion.
a) The use of the land the construction, modification or
alteration of any buildings or structures in a PUD shall be
governed by the final development plan.
b) After the certificate of occupancy has been issued, no changes
shall be made in the approved final development plan for a PUD
except:
1) Any minor extensions, alterations or modifications of
existing buildings or structures may be authorized by the
city planner if they are consistent with the purposes and
intent of the final plan. No change authorized by this
section may increase the bulk of any building structure
• by more than ten (10) percent.
2) Any building or structure that is totally or
substantially destroyed may be reconstructed only in
compliance with the final development plan unless an
amendment to the final development plan is approved.
3) Changes in uses, any rearrangements of lots, blocks and
building tracts, changes in the provisions of common open
spaces, and all other changes to the approved final
development plan may be made only after a public hearing
conducted by the planning commission and upon final
approval by the city council. Any changes shall be
recorded as amendments to the final development plan.
C) Major amendments to an approved master development plan may be
approved by the city council after review by the planning
commission. The notification and public hearing procedure for
such amendment shall be the same as for approval of the
original PUD. A major amendment is any amendment which:
1) Substantially alters the location of buildings, parking
areas or roads;
2) Increases or decreases the number of residential dwelling
• units by more than five percent;
3) Increases the gross floor area of non-residential
• buildings by more than five percent or increases the
gross floor area of any individual building by more than
ten percent;
4) Decreases the amount of .open space by more than five
percent or alters it in such a way as to change its
original design or intended use; or
5) Creates non-compliance with any special condition
attached to the approval of the master development plan.
Section 2. This ordinance shall be in full force and
effect from and after its publication according to law.
Passed and adopted by the City Council this 24th day of
June . 1991.
ATTEST:
Don Ashworth, City Manager Donald J..Cfiel, Mayor
(Published in the Chanhassen Villager on July 4, 1991.)
•
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 149
AN ORDINANCE AMENDING
CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE
ZONING ORDINANCE
The City Council of the City of Chan-
hassen ordains:
Section 1. Article VIII, Planned Unit
Development District of the Chanhassen
City Code is amended as follows:
ARTICLE VIII, PLANNED UNIT
DEVELOPMENT DISTRICT
DIVISION I. GENERALLY
Section 20-501. Intent.
Planned unit developments offer
enhanced flexibility to develop a site
through the relaxation of most normal
zoning district standards. The use of the
PUD zoning also allows for a greater
variety of uses, internal transfers of den-
sity, Oda pc*ntisl
for lower WWV eca>�s. � wce n
for this f" ' ' ty, the %-" has
the dot*a driekqwwnt plan
wig resuk i s ast Int hiAw qui!►
and more sens� t would
have been the case with h the he use of other,
more standard zoning districts. It will be
the applicants responsibility to demon-
strate that the City's expectations are to be
realized as evaluated against the follow-
ing criteria:
Planned unit developments are to
encourage the following:
(1) Preservation of desirable site
characteristics and open space and pro-
tection of sensitive environmental fea-
tures, including steep slopes, mature trees,
creeks, wetlands, lakes and scenic views.
(2) More efficient and effective use of
land, open space and public facilities
through mixing of land uses and assembly
and development of land in larger parcels.
(3) High quality of design and design
compatible with surrounding land uses,
including both existing and planned. Site
planning, landscaping and building archi-
tecture should reflect higher quality de-
sign than is found elsewhere in the com-
munity.
(4) Sensitive development in transi-
tional areas located between different land
uses and along significant corridors within
the city.
(5) Development which is consistent
with the comprehensive plan.
(6) Parks and open space. The crea-
tion of public open space may be required
by the city. Such park and open space
shall be consistent with the comprehen-
sive park plan and overall trail plan.
(a) Provision of housing affordable to
all income groups if appropriate within
the PUD.
(8) Energy conservation through the
use of more efficient building designs and
sightings and the clustering of buildings
and land uses.
(9) Use of traffic management and
design techniques to reduce the potential
for traffic conflicts. Improvements to area
roads and intersections may be required
as appropriate.
Section 20-502. Allowed uses.
Specific .,w and performance stan-
dards for each PUD shall be delineated in
a development plan.
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota
County of Carver
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of
the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts
herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed public notice that is attached to this Affidavit and identified as No. was published on
the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part
of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used
in the composition and publication of the Notice:
abcdefghijklmnopgrstuvwxyz
By:
Stan iis%
,neralager
Subscribed and sworn before me on
this day of 1991
a
otary Pub ic-
'0'"
,;'+► THERESA M. LAIN
NOTARY PUBLIC
HENNEPIN COUNTY
MY COMMISSION EXPIRES 3-8-96
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ................ $7.12 per column inch
Maximum rate allowed by law for the above matter ................................................ $7.12 per column inch
Rate actually charged for the above matter.............................................................. $5.84 per column inch
(a) Each PUD shall only be used for
the use or uses for which the site is desig-
nated in the comprehensive plan, except
that the city may permit up to 25 percent
of the gross floor area of all buildings in a
PUD to be used for land uses for which the
site is not designated in the comprehen-
sive plan if the city council finds that such
use is in the best interests of the city and is
consistent with the requirements of this
section. Specific uses and performance
standards for each PUD shall be deline-
ated in a PUD development plan.
(b) Where the site of a proposed PUD
is designated for more than one land use in
the comprehensive plan, city may require
that the PUD include all the land uses so
designated or such combination of the
designated uses as the city council shall
deem appropriate to achieve the purposes
of this ordinance and the comprehensive
plan.
Section 20-503: District size and lo-
cation.
(a) Each PUD shall have a minimum
area of 5 acres, unless the applicant can
demonstrate the existence of one of the
following:
1) Unusual physical features of the
property itself or of the surrounding neigh-
borhood such that development as a PUD
will conserve a physical or topographic
feature of importance to the neighbor-
hood or community,.
2) The property is directly adjacent to
or across a right-of-way from property
which, has been developed previously as a
PUD or planned unit residential develop-
ment and will be perceived as and will
function as an extension of that previ-
ously approved development.
3) The property is located in a transi-
tional area between different land use
categories or on an intermediate or princi-
pal arterial as defined in the comprehen-
sive plan.
Section 20-504. ination with
other zoning regulations.
a) Subdivision review under Chapter
18 shall be carried out simultaneously
with the review of a PUD. The plans
required under this chapter shall be sub-
mitted in addition to or in a form which
will satisfy the requirements of Chapter
18 for the preliminary and final plat.
b) Site plan review under Article II,
Division 6 of this code shall be' d out
for each non -single family or duplei prin-
cipal structure, that is proposed.
Q. PUD plans shall be coordinated
with and in compliance with provisions of
Article V. Flood Plain Overlay District;
Article VI, Wetland Protection, and Ar-
ticle VII, Shoreland Overlay District.
Section 20-505. Required general
standards.
a) The city shall consider the pro-
posed PUD from the point of view of all
standards and purposes of the compre-
hensive land use plan to coordinate be-
tween the proposed development the sur-
rounding use. The city shall consider the
location of buildings, compatibility, park-
ing areas and other features with response
to the topography of the area and existing
natural features, the efficiency, adequacy
and safety of the proposed layout of streets;
the adequacy and location of green areas;
the adequacy, location and screening of
non -compatible land uses and parking
areas. --
b) The applicant shall demonstrate
that the PUD plan offers the city higher
quality architectural and site design, land-
scaping, protection of wetlands, creeks
and mature trees and buffering for adjoin-
ing properties that represent improve-
ments over normal ordinance standards.
C) Density. An increaseltransfer for
density may be allowed.at the sole discre-
tion of the city utilizing the following
factors:
1) Density within a PUD shall be
calculated on gross acreage located within
the property lines of the site in accordance
with the land use plan.
2) The area where the density is trans-
ferred must be within the project area and
owned by the proponent.
3) Density transfer in single family
detached area will be evaluated using the
items listed in Section 20-506. Density
transfer eligible for multiple family areas
w, *0 ,permuted to ed to single
4112 W arae IW the a ►eral! demity
`of the devebpwent exceed the gross
deoWq ranges identified in the compre-
hemtive plan.
d) The city may utilize incentives to
encourage the construction of projects
which are consistent with the city's hous-
ing goals: Incentives may include'modifi-
cation of density and other standards for
developments providing low and moder-
ate cost housing. Incentives may be ap-
proved by the city only after the developer
and city have entered into an agreement to
ensure that the low and moderate cost
units remain available to persons of low
and moderate income for a specific period
of time.
e)Hard surface coverage shall be
limited as follows:
Comprehensive Hard surface
Plan Designation Coverage
Low or medium density 30%
residential
high density residential 50%
office 70%
commercial (neighborhood 70%
or community)
commercial (regional) 70%
industrial 70%
Individual lots within a PUD may
exceed these standards as long as the
average meets these standards.
f) The setback for all buildings within
a PUD from any abutting street line shall
be 30 feet for local streets and 50 feet from
railroad lines for collector or arterial
streets, as designated in the comprehen-
sive plan, except that in no case shall the
setback be less than the height of the
building up to a maximum of _ 100 feet.
The setback for all buildings from exte- -
rior PUD lot lines not abutting a public
street shall be 30 feet except that in no
case shall the setback be less than the
height of the building up to a maximum of
100 feet.
Building setbacks from internal pub-
lic streets shall be determined by the -city
based on characteristics of the specific
PUD. Parking lots and driving lanes:shall
be set back at least 20 feet from all exterior
lot lines of a PUD.
The_ setback for parking structured
including decks and ramps shall be 35 feet
from local streets and 50 feet from all
other street classifications except that in
no case shall the setback be less than the
height of the structure. Parking structure
setbacks from external lot lines shall be
50 feet or the height of the structure,
whichever is greater when adjacent to
residential property; 35 feet when adja-
cent to non-residential properties. Park-
ing structure setbacks from internal pub-
lic or private streets shall be determined
by the city based on characteristics of the
specific PUD.
Where industrial uses abut developed
or platted single family lots outside the
PUD, greater exterior building and park-
ing setbacks may be required in order to
provide effective screening. The city
council shall make a determination re-
garding the adequacy of screening pro-
posed by the applicant. Screening may
include the use of natural topography or
earth berming, existing and proposed
plantings and other features such.as roid-
waysand wetlands which.provid+e separa-
tion of uses. PUD's must be developed in
compliance with buffer yard requirements
established by the Comprehensive Plan.
g) More than one building may be
placed on one platted or recorded lot in a
PUD.
h)At the time PUD approval is sought
from the City, all property to be included
within a PUD shall be under unified
ownership or control or subject to such
legal.restrictions or covenants as may be
necessary to ensure compliance witk.the
approved master development plan and
final site and building plan. After ap-
proval, parcels may be sold to other par-
ties without restriction, however, all par-
cels will remain subject to the PUD devel-
opment contract that will be recorded in
each chain -of -title.
i) Signs shall be restricted to those
which are permitted in a sign plan ap-
proved by the city and shall be regulated
by permanent covenants, established in
the PUD Development Contract.
J) The requirements contained in
Articles XXIII, General Supplemental
Regulations, XXIV, Off-street Parking
and Loading, and XXV, Landscaping and
Tree Removal. May be applied by the city
as it deems appropriate. .
k) The uniqueness of each PUD re-
quires that specifications and standouts
for streets, utilities, public facilities and
subdivisions may be subject to modifica-
tion from the city ordinances ordinarily
governing them. The City Council may
therefore approve streets, utilities, public
facilities and land subdivisions which aze
not in compliance with usual specifica-
tions or ordinance requirements if it finds
that strict adherence to such standards or
requirements is not required to meet the
intent of this or to protect the health,
safety ,or welfare of the residents of the
PUD, the surrounding area or the city as a
whole.
1) No building or other permit shall
be issued for any work on property in-
cluded within a proposed or approved
PUD nor shall any work oocurvnlesssuch
Section 20-506. Reserved for Single
Family Detached Residential.
Section 20-507. Controls during con-
struction and following completion.
a) The use of the land the construc-
tion, modification or alteration of any
buildings or structures in a PUD shall be
governed by the final development plan.
b) After the certificate of occupancy
has been issued, no changes shall be made
in the approved final development plan
for a PUD except:
1) Any minor extensions, alterations
or modifications of existing buildings or
structures may be authorized by the city
planner if they are consistent with the
purposes and intent of the final plan. No
change authorized by this section may
increase the bulk of any building structure
by more than ten (1Q ate.
Z) ,Aay W Wma"s *at; is
t� '"Ova' =e
fi* mat .ups tm at�nd-
me*t #o dent ;plan is
app w-vt�.
3) Changes in uses, any rearrange-
ments of lots, blocks and building tracts,
changes in the provisions of common
open spaces, and all other changes to the
approved final -development plan may be
made only after a public hearing con-
ducted by the planning commission and
upon final approval by the city council.
Any changes shall be recorded as amend-
ments to the final development plan.
C) Major amendments to an approved
master development plan nay be approved
by the city council after review by the
planning commission. The notification
and public hearing procedure for such
amendment shall be the same as for ap-
proval of the original PUD. A major
amendment is any amendment which:
1) Subs tie location of
roads;
tie lumber
of rer' ... u bbyA vre than
.maream--thelgim
'floor. area of
non-residential buildings ` by more than
five percent or increases the. gross floor
area of any -individual building by more
than ten percent;
4) Decreases the amount of open space
by more than five percent or alters it in
such away as to.change its original design
or intended use; or,
5) Creates non-compliance with any
special, condition attached to the approval
of the master development plan.
Section 2. This ordinance shall be in
full force and effect from and after its
publication according to law.
Passed and adopted by,the City Coun-
cil this 24th day of June, 1991.
ATTEST:
Don Ashworth, City Manager
Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager
Thursday, July 4,1991; No. 645)