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Ordinance 047blCITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE 47 -BI, AN ORDINANCE AMENDING CHANHASSEN ZONING ODINANCE NO. 47, REPEALING SECTION 19.13 AND AMENDING SECTIONS 14.01 - 14.07 AND REPEALING SECTION 15 TO PROVIDE FOR PLANNED UNIT DEVELOPMENT REGULATIONS THE CHANHASSEN CITY COUNCIL ORDAINS: Section 1. Section 19.13, Planned Unit Development require- ments is hereby repealed. Section 2. Section 14.01 through 14.07, P-1, Planned Residential Development District shall be amended as follows: SECTION 14. P-1 PLANNED UNIT DEVELOPMENT DISTRICT (PUD): 14.01 Intent. Planned unit developments are to provide for and encourage creative site planning and subdivisions of high quality through the use of: 1. Variety. Within a comprehensive site design con- cept, a mixture of land uses, housing types, and densities. 2. Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes, and other minimum requirements, and perfor- mance standards associated with traditional zoning, planned unit developments can maximize the development potential of land while remaining sen- sitive to its unique and valuable natural charac- teristics. 3. Efficiency. The more efficient use of land and public services, consolidation of areas for recreation, reductions in street lengths and other utility related expenses. 4. Density. An increase/transfer of density may be allowed at the sole discretion of the City utilizing the following factors: a. The area where the density is transferred must be within the project area and owned by the proponent. b. Density transfer in single family detached • areas will be evaluated using the items listed in Section 14.03 (A). Density transfer eligible for multiple family areas are not permitted to be applied to single family areas. C. Density transfer for other projects other than single family detached development shall be • evaluated based on the standards in Section 14.03 (B). d. In no case shall the overall density of the development exceed the gross density ranges identified in the Comprehensive Plan. 5. District Integration. The combination of uses which are allowed in separate zoning districts, such as: a. Mixed residential allowing both densities and unit types to be varied within the project. b. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects. c. Mixed land uses with the integration of com- patible land uses within the project. 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 Plan and overall trail plan. • Private open space may be created if the area is not located in a park deficient area as identified in the Comrpehensive Plan. The owner shall agree to provide for the continuing maintenance of the open space and be responsible for liability insurance and local taxes. 14.02 Allowed Uses. A PUD may include only those uses con- sistent with the general land use category for the area on the official Comprehensive Plan. Specific uses and performance standards for each PUD shall be delineated in a development plan. 14.03 Required Standards. 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 and the surrounding uses. The City shall consider the loca- tion of buildings, compatibility, parking areas and other features with respect 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 ade- quacy, location and screening of noncompatible land uses and parking areas. -2- A. In developments where single family detached areas are proposed, the following standards shall apply: 1. The average lot size may be reduced below 15,000 square feet if in the opinion of city staff/commission/council, the plan includes features desirable to the city. A maximum reduction of up to 10% below 15,000 square feet may be granted if the proposal contains items in the list below or proposes other features which are also above and beyond stan- dard development requirements. In no case, however, shall the average lot size fall below 13,500 square feet or the minimum lot size fall below 12,000 square feet. Item Housing variety including differentiation in housing types, housing exteriors and floor plans. *Preservation of natural site features, wetlands, lowlands, wooded areas, etc. not protected by the DNR or City ordinances Creation of park/public areas for active and passive park use or other public purpose such • as schools, public buildings, etc. which meet the intent of the Park and Recreation Chapter of the Comprehensive Plan. Installation of public improvements designed to serve areas beyond the project boundary. Installation of off street pedestrian ways. A reasonable number of available lots are designed for solar/energy conservation housing. Landscaping plan showing additional boulevard trees, rear yard treatments, buffering from existing developments, etc., beyond required standards. Preservation of historically significant sites. Other feature areas deemed appropriate by the City Council. * Wetlands already protected by the Department of Natural Resources or the City's Wetland Ordinance will not be considered for density • transfer. -3- 2. The minimum single family detached lot width • is 80 feet at the building setback line. 3. 50% of the single family lots must contain at least 15,000 square feet. 4. In calculation of the average lot size, each lot size in excess of 20,000 square feet shall be calculated to contain only 20,000 square feet. 5. Lot sizes adjacent to existing developments shall approximate in lot size and lot width. B. In developments where uses other than single family detached structures are proposed, the City may con- sider a density transfer upon proof by the applicant that some of the following features are being pro- vided: Preservation of natural site features, wetlands, lowlands, wooded areas, etc. not protected by the DNR or City ordinances; Creation of park/public areas for active park use or other public purpose such as schools, public buildings, etc. which meet the intent of the Park and Recreation Chapter of the Comprehensive Plan; Installation of public improvements designed to . serve areas beyond the project boundary; Installation of off street pedestrian ways; struc- ture design conducive to solar energy features; Landscaping plan showing additional boulevard trees, rear yard treatments, buffering from existing developments, etc., beyond required standards. C. In any PUD, no clear cutting of woodland areas shall be permitted. Shade trees of six inches or more caliper shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. The Council may require replacement of any removed trees on a caliper inch per caliper inch basis. At least one tree per lot shall be incorporated into the plan, such tree shall be a minimum of 2 caliper inches. Coniferous trees shall be a minimum of 6 feet in height. This is not to preclude the removal of diseased or dead trees. 14.04 Coordination with Subdivision Regulations. Subdivision review under the subdivision regulations 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 the subdivision ordinance . for the preliminary and final plat. -4- 14.05 Procedure for Processing a Planned Unit Development. • 1. Preapplication Conference. Prior to filing an application for PUD, the applicant shall attend a conference with the City. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance on the general merits of the pro- posal and its conformity to the provisions of this ordinance before incurring substantial expense. 2. General Concept Plan. a. The General Concept Plan provides an oppor- tunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development without incurring substantial cost. The plan shall include the following: 1) Overall gross and net density. 2) Identification of each lot size and lot width. 3) General location of major streets and pedestrian ways. 4) General location and extent of public and • common open space. 5) General location and type of land uses and intensities of development. 6) Staging and time schedule for development. 7) The tentative written consent of all prop- erty owners within the proposed PUD shall be filed with the City before the staff commences review. Approval of the concept statement shall not obligate the City to approve the final plan or any part thereof or to rezone the property to a planned unit development district. The final acceptance of land uses is subject to the following procedures. b. Schedule. 1) Developer meets with the City staff to discuss the proposed developments. 2) The applicant shall file the concept stage application and concept plan, together • with all supporting data. -5- 3) The Planning Commission shall conduct a hearing and report its findings and make • recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten (10) days prior to the hearing, written notification of the hearing shall be mailed at least ten (10) days prior thereto to owners of land within three hundred fifty feet (3501) of the boundary of the property and an on- site notification sign erected. 4) Following the receipt of the report and recommendations from the Planning Commission, the City Council shall con- sider the proposal. If the Planning Commission fails to make a report within sixty (60) days after receipt of the application, then the City Council may proceed without the report. The Council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a 4/5 vote of the entire Council 3. Development Stage. Following general concept Sapproval, the applicant shall submit the develop- ment stage application, preliminary plat and fee. If appropriate because of the limited scale of the proposal, the concept stage and preliminary plan stages may proceed simultaneously. a. The applicant shall file the development plans and preliminary plat, together with all sup- porting data. b. With the appropriate notifications, the Planning Commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations to the City Council for their action. c. The Development Stage shall include but not be limited to: 1) A preliminary plat and information, required by the City subdivision ordinance. 2) Approved development plan drawn to a scale of not less than one (1) inch equals one hundred (100) feet containing at least the • following information: CM a) Proposed name of the development. • b) Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. c) The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area of proposed buildings, and existing buildings which will remain, if any. d) Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. e) Location, designation and total area proposed to be conveyed or dedicated for private and public open space, including parks, playgrounds, school sites and recreational facilities. • f) The location, use and size of struc- tures and other land uses located within 200 feet of the property boun- dary. g) A natural resource analysis iden- tifying existing vegetation areas consisting of forest and wood lots as well as wetlands and wetlands vegeta- tion; the geology, slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff setting areas, and flood plains must be identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. Also, a proposed landscaping plan, including location of existing plants, identification of species, caliper size and acreage. h) Location, type and size of all graphics and signage. • i) Any other information that may have been required by the Planning OIC Commission or Council in conjunction • with the approval of the general con- cept plan. 3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. 4) A tabulation indicating the number of residential dwelling units and expected population. 5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity. 6) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes. 7) Preliminary grading and site alteration plan illustrating areas of vegetation to be retained and removed and areas of existing topography to be changed. Plan should clearly reflect the site treatment and its conformance with the approved con- cept plan. Tree protection practices during construction shall also be identified. 8) A Soil Erosion Control Plan acceptable to watershed districts, Department of Natural Resources, Soil Conservation Service or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. 9) Protective covenants and Homeowners Association bylaws. d. The City may request additional information from the applicant concerning operational fac- tors or retain expert testimony at the expense of the applicant concerning operational factors. 4. Final Stage. Following preliminary plat approval, the applicant shall prepare and submit the final plat and execute the development contract prepared by the City. If appropriate because of the limited scale of the proposal, the General Concept • Plan, the Development Stage Plan and the final plat may proceed simultaneously. The City Council shall then consider the submission for final approval and rezoning to PUD. 14.06 Control of Planned Unit Development During Construction and Following Completion: • 1. The use of the land and the construction, modifi- cation or alteration of any buildings or struc- tures shall be governed by the final development plan. 2. After the certificate of occupancy has been issued, no chagnes shall be made in the approved final development plan except: a. Any minor extensions, alterations or modifica- tions 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 sec- tion may increase the bulk of any building or structure by more than ten percent (10%). b. 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 develop- ment plan is approved. c. Changes in uses, any rearrangement of lots, blocks and building tracts, changes in the provision 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 Council. Any changes shall be recorded as amendments to the final development plan. 3. If in the opinion of the City, development has not progressed reasonably well according to the approved schedule, the developer shall be required to submit a statement to the City setting forth reasons for the lack of progress. The Planning Commission may initiate rezoning to eliminate the PUD zoning classification if it finds that the development has not occurred according to the adopted schedule. It shall not be necessary for the City Council to find that the rezoning to a PUD was in error. 4. The construction and provision of all of the com- mon open space and public improvements and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units or other private facilities. Section 3. Section 15, P-2, Planned Unit Development District is hereby repealed. MM • • Section 4. Effective Date. This ordinance shall become effective from and after its passage and publication. ATTEST: Don Ashworth, y Clerk/Manager Th mas L. Hamilton, Mayor Public hearing held on September 10, 1986. (Publish in the South Shore News on -10- December 11 , 1986)