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C. Discuss Code Amendment: Planned Unit Development (PUD) Ordinance MEMORANDUM CITY OF TO: Todd, Gerhardt CIIA wssEN FROM: Kate Aanenson, AICP, Community Development Director 7700 Market Boulevard DATE: May 14, 2012 (/f PO Box 147 Chanhassen, MN 55317 SUBS: Discuss Code Amendment: Planned Unit Development (PUD) Ordinance Administration Phone: 952.2271100 Fax: 952.2271110 BACKGROUND Building Inspections Phone: 952.2271180 The Planning Commission discussed revisions to the Planned Unit Development Fax: 952.2271190 (PUD) portion of the city code at their February 7 and April 3, 2012 meetings. The Planning Commission supports the proposed changes to the ordinance. Staff would Engineering like to review the proposed changes with the City Council before a public hearing is Phone: 952.2271160 scheduled. Fax: 952.2271170 Finance ATTACHMENT Phone: 952.2271140 Fax: 952.2271110 PUD Issue paper to Planning Commission dated April 3, 2012 w /attachments. Park & Recreation g: \plan\2012 planning cases\2012 -04 residential pud amendments \cc memo 04- 14- 12.doc Phone: 952.2271120 Fax: 952.2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.2271400 Fax: 952.2271404 Planning & Natural Resources Phone: 952.2271130 Fax: 952.2271110 Public Works 7901 Park Place Phone: 952.2271300 Fax: 952.2271310 Senior Center Phone: 952.2271125 Fax: 952.2271110 Web Site www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow IOW MEMORANDUM TO: Planning Commission 3 a CITY FROM: Kate Aanenson, AICPr, Community Development Director CHANHASSEN DATE: April 3, 2012 7700 Market Boulevard PO Box 147 SUBJ: Issue Paper — Planned Unit Development Ordinance Chanhassen, MN 55317 Administration BACKGROUND Phone: 952.2271100 At their February 7, 2012 meeting, the Planning Commission discussed proposed Fax: 952.2271110 changes to the PUD ordinance. There was concurrence on changing the process for Building Inspections conceptual review. The other change staff is proposing is the elimination of single - Phone: 952.2271180 family lot size. At their February 27, 2012 meeting, the City Council discussed the Fax: 952.2271190 proposed changes. Staff has prepared a more detailed analysis of the lot size in the low density land use district. Engineering Phone: 952.2271160 ANALYSIS Fax: 952.2271170 The intent for the application of the PUD is offer enhanced flexibility through the Finance relaxation of most of the normal zoning district standards. In exchange for the Phone: 952.2271140 flexibility, the city expects a plan that would result in a higher quality and more Fax: 952.2271110 sensitive development. There are nine criteria that must be met. One of the Park & Recreation challenges for staff is to determine if the proposal meets the merits of the PUD zoning Phone: 952.2271120 district. The city has discretion as to whether or not to the PUD zoning is approved. Fax: 952.2271110 A developer of residential development uses the land use map as to what a property is Recreation Center guided. In the case of low- density residential, the land use designation permits a net 2310 Coulter Boulevard density of 1.2 -4 net units an acre. The city has four zoning districts that allow low - Phone: 952.2271400 density housing. Fax: 952.2271404 1. RSF Residential Single Family Planning & Natural Resources Phone: 952.2271130 Intent — The intent of the "RSF" District is to provide single - family residential Fax: 952.2271110 subdivisions. Public Works 2. R -4 Mixed Low Density Residential 7901 Park Place Intent — The intent of the "R -4" District is to provide for single - family detached Phone: 952.2271300 Fax: 952.2271310 residential development at a maximum of 4 units an acre. Senior Center 3. RLM Residential Low and Medium Density Phone: 952.2271125 Intent — The intent of the "RLM" District is to provide for single - family attached Fax: 952.2271110 or detached residential development on land guided residential — low or medium Web Site in the city's comprehensive plan, with a maximum net density of eight units per www.ci.chanhassen.mn.us acre. The "RLM" District is intended to be used where large areas of upland will be preserved or created as permanent open space to balance the higher hard surface coverage permitted on individual lots. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission PUD Ordinance April 3, 2012 Page 3 4. PUD Planned Unit Development Intent — The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public /private open and recreational space, should also be enhanced. Following are comparisons of the zoning districts and their standards. Low Density Residential Zoning Districts RSF R -4 I RIM I PUD single- family single - family Lot Size (sq. ft.) 15,000 15,000 9,000 > 11,000 avg 15,000 Frontage (ft.) 90 80 50 90 Depth (ft.) 125 125 110 100 Coverage % 25 30 35 30 Setabacks: Front 30 30 25 30* Rear 30 30 25 30 Side 10 10 5/10 10 Building Height: Principal # stories 3 3 3 Principal feet 35 35 35 Accessory # stories na 1 1 Accessory feet 20 15 15 typical units /acre gross 1.56 1.5 1.42 net 2.33 3.5 2.15 * may be wavied down to 20 feet when it is demonstarted that enviromental protection will be enhanced Because of the limitations of the Low Density PUD ordinance it has not been used in the last 10 years. The averaging of the lot sizes does not offset some of the other items that may be extracted for the PUD request. In addition, not all developers want to build with the necessity of a homeowners association. In meeting with developers, staff seeks to find what the appropriate zoning should be based on the type /size of housing proposed, surrounding land uses, topography and natural resources. Planning Commission PUD Ordinance April 3, 2012 Page 3 There are areas in the city that have numerous challenges to development. The PUD should provide the flexibility for those sites that are unique and as stated in the PUD intent: "The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public /private open and recreational space, should also be enhanced" The city has discretion in approving the PUD if it does not meet the intent or the nine criteria of the zoning district. With the changes proposed for Section 20 -517 General Concept Plan, anyone requesting a PUD may seek input from the Commission and the Council as the merits of the PUD zoning application. Staff is recommending that the minimum lot size for single - family detached housing be eliminated and instead the density should be the limitation (see changes in the attached PUD ordinance). RECOMMENDATION Review the proposed changes and make recommendations for revisions to the PUD ordinance. Staff will then set a public hearing for this amendment. ATTACHMENTS 1. City Code Chapter 20 — Zoning, Article VIII, Planned Unit Development District. 2. City Code Chapter 20 — Zoning, Article XII, RSF Single - Family Residential District. 3. City Code Chapter 20 — Zoning, Article XIII, R -4 Mixed Low Density Residential District. 4. City Code Chapter 20 — Zoning, Article XIV, RLM Residential Low and Medium Density District. g: \plan \city code \pud amendment \pc report 4- 3- 12.doc Article VIII Planned Unit Developments Sec. 20 -501. - Intent. Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most,normal zoning district:standar..ds.. The., use -of _the- PIJD.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 applicant's responsibility to demonstrate that the city's expectation is 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 including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. Sec. 20 - 502. - Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the 1 designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. Residential development in a regional/lifestyle center commercial PUD, may only occur in conjunction with a commercial or office development and may not encompass more than 20 percent of the proposed development. The residential component of a development may be constructed concurrent or after construction of the commercial or office component, but may not proceed such commercial or office development. The phasing of the residential component shall be reviewed and approved as part of the development plan. Sec. 20 -503. - District size and location. Each PUD shall have a minimum area of five acres except the regional/lifestyle center commercial PUD, which must be a minimum of 30 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. ( 3)The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. Sec. 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 chapter, shall be carried out for each nonsingle- family or duplex principal structure that is proposed. (c) PUD plans shall be coordinated with and in compliance with provisions of articles V, VI and VII of this chapter. Sec. 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 and 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 noncompatible 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. 2 (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 net 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 sections 20 -506 or 20 -508. 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 net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. (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 contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons 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 residential 1 30 High density residential 150 Office 170 Commercial (neighborhood or community) i 70 Commercial (regional) 70 Industrial 70 Individual lots within PUD may exceed these standards as long as the average meets these standards. (f)Building and parking setbacks from 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. Where industrial uses abut developed platted or planned single - family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall 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 and chapter 20, article XXV, of the Chanhassen City Code. (g) More than one building may be placed on one platted or recorded lot in a PUD. 3 (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 the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD development contract. (j)The requirements contained in articles XXIII and XXV of this chapter may be applied by the city as it deems appropriate. (k)The uniqueness of each PUD required 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 [article] 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. (m) Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and /or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. Sec. 20 -506. - Standards and guidelines for single- family detached residential planned unit developments. (a) Intent. The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public /private open and recreational space, should also be enhanced. (b) Minimum lot size. The standard single - family residential PUD allows lot sizes down to a minimum of 4-1,000 square feet (excluding identified wetland areas from lot calculations). ' '! ' ! ! . The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions, preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot 4 is able to accommodate a 60 -foot by 60 -foot building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard 30 feet deep. (c)Minimum lot width at building setback: 90 feet. (d)Minimum lot depth: 100 feet: (e)Minimum setbacks: (1)PUD exterior: 30 feet.* Editor's note— *The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. Editor's note Accessory buildings and structures: Located adjacent to or behind principal structure a minimum of ten feet from property line. Editor's note— *The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. Editor's note— Accessory buildings and structures: Located adjacent to or behind principal structure a minimum of ten feet from property line. (2)Front yard: 30 feet. (3)Rear yard: 30 feet. (4)Side yard: Ten feet. (f) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas shall require a mix of over -story trees and other plantings consistent with the site. A minimum of one over -story tree must be provided in each front yard. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double - fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Rear yard. The rear yard shall contain at least two over -story trees. Preservation of existing trees having a diameter of at least six inches at four feet in height can be used to satisfy this requirement of the PUD and the plans should be developed to maximize tree preservation. (h) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design 5 flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two -car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage buildings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. Sec. 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 that ten 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 nonresidential buildings by more than five percent or increases the gross floor area of any individual building by more than ten percent; (4) Deceases 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 6 (5) Creates noncompliance with any special condition attached to the approval of the master development plan. Sec. 20 -508. - Standards and guidelines for single - family attached or cluster -home PUDs. (a) Generally. Single - family attached, cluster, zero lot line, townhouses and similar type dwelling types may be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. (b) Minimum lot sizes. There shall be no minimum lot size; however, in no case shall net density exceed guidelines established by the city comprehensive plan. (c) Setback standards /structures and parking: (1)PUD exterior: 50 feet. (2)Interior public right -of -way: 30 feet.* Editor's note— *The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. Editor's note— *The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (3)Other setbacks: Established by PUD agreement. (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (e) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over -story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and more intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. 7 (4) Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (f) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two -car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage buildings and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. Sec. 20 -509. - Standards and guidelines for regional/lifestyle center commercial planned unit developments. (a) Intent. (1) The use of planned unit developments for regional/lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. It shall strive to create a self - sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping and social components. (2) The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. (3) Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid monotony in design and visual appearance. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. (b) Minimum lot size: 10,000 square feet 8 (c) Minimum lot width at building setback: 100 feet. (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: Building setbacks are also a function of the building height. As a building's height increases above 35 feet, the front, rear and project perimeter setback shall increase on a one to one basis. The increased setback shall only apply to that portion of the building that exceeds 35 feet, e.g., a 40 -foot tall building would be set back ten feet (front or rear) at that point where the building height equals 40 feet. A building height may step back, providing the setback/building height ratio is maintained. (1) PUD exterior: 30 feet. The 30 -foot PUD exterior setback may be changed, increased or decreased, by the city council as part of the approval process when it is demonstrated that environmental protection or development design will be enhanced. Building setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the comprehensive plan shall be 50 feet, unless unique circumstances are found which would allow the city to reduce the setback requirement. (2) Front yard: 5 feet. (3) Rear yard: 5 feet. (4) Side yard: 0. (5) Parking: 1 Setbacks (feet): 1 Front: 10 - _ - I Side: 10 - - Rear: 10 (6) Parking setback exemptions: a. There is no minimum parking setback when it abuts, without being separated by a street, another off - street parking area. b. Parking along public streets shall provide an appropriate transition, which shall incorporate such elements as landscaping, decorative fencing, public art, berming, etc. c. Parking setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the comprehensive plan shall be 50 feet unless unique circumstances are found which would allow the city to reduce the setback requirement. Unique circumstances include site elevation, separation by natural features such as wetlands or stands of mature trees or substantial visual screening through berming and landscaping. (7)Parking standards shall comply with City Code for type and location. (f)Maximum building height: Commercial— retail 12 stories Commercial — services 13 stories Office 1 5 stories Residential 5 stories (g) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. 9 (h) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over -story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and less intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and less intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget or plan for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget or prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Tree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (i) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments; (2) Streetscape requirements: a. Every building shall incorporate a streetscape, public realm space between the building the roadway. The use of canopies, awnings or arcades is encouraged in these interfaces. b. Outdoor seating areas must be in a controlled or cordoned area with at least one access to an acceptable pedestrian walk. Seating areas may be shared by multiple uses. When a liquor license is involved, an enclosure is required around the outdoor seating area and the enclosure shall not be interrupted; access to such seating area must be through the principle building. Outdoor seating areas must be located and designed so as not to interfere with pedestrian and vehicular circulation. c. Streetscape elements shall include: Landscaping, lighting and street furniture such as benches, bus shelters, kiosks, planters, public art, tables and chairs, etc. Sec. 20 -516. — Pre application 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 proposal and its conformity to the provisions of this article before incurring substantial expense. Sec. 20 -517. - General concept plan. 1 0 (a) In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recommended for large PUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this information should include the following information appropriate to the type of development, e.g., commercial, industrial or residential: (1) Approximate building areas, pedestrian ways and road locations; (2) Height, bulk and square footage of buildings; (3) Type, number or square footage or intensities of specific land uses; (4) Number of dwelling units; (5) Generalized development plan showing areas to be developed or preserved; and (6) Staging and timing of the development. (b)The tentative written consent of all property 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. (c)The final acceptance of land uses is subject to the following procedures: (1) The developer meets with the city star to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. (3) The planning commission shall conduct a hearing 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 days prior to the hearing, written notification of the hearing shall be mailed at least ten days prior thereto to owners of land within 500 feet 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 consider the proposal. .. - - . • • - : : • . - . . - • , • • -- . - . . - -• • - - The council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a simple majority vote of city council, except for proposals requiring comprehensive plan changes which shall require a four -fifths vote of the entire city council. Sec. 20 -518. - Development stage. •(a - - - - . - . - - . .... . . . ' -' `, the applicant shall submit the development stage application, preliminary plat and feerifeppropriate- because of the limitcd scalc of the proposal, tho . - - • •• • . .. _ - . • • . . .. . The applicant shall file the development plans and preliminary plat, together with all supporting 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 action. (c)The development stage shall include, but not be limited to: (1)A preliminary plat and information required by chapter 18. (2)An approved development plan drawn to a scale of not less than one inch equals 100 feet containing at least the following information: a. Proposed name of the development. 11 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. The 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 structures and other land uses located within 200 feet of the property boundary. g. A natural resource analysis identifying existing vegetation areas consisting of forest and wood lots as well as wetlands and wetlands vegetation; the geology, slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff settling areas, and floodplains must be identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. h. A proposed landscaping plan, including location of existing plants, identification of species, caliper size and acreage. i. The location, type and size of all graphics and signage. j. Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept 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 changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. (8) A soil erosion control plan acceptable to watershed districts, state 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 factors or retain expert testimony at the expense of the applicant concerning operational factors. Sec. 20 - 519. - Final stage. Following preliminary plat approval, the applicant for PUD 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 12 proposal, the preliminary and final plats may proceed simultaneously. The city council shall then consider the submission for final approval and rezoning to PUD. 13 Municode Page 1 of 3 Chanhassen, Mianesota, Code of Ordjriances» CITY CODE » Chapter 20 - ZONING >> ARTICLE XU.'^RSF~ SINGLE-FAMILY RESIDENTIAL DISTRICT >> ARTICLE XII' -°RSF=SINGLE-FAMILY RESIDENTIAL DISTRICT Sec. 20-611. Intent. Sec. 20-612. Permitted uses. Sec. 20-613. Permitted accessory uses. Sec. 20'O14.- Conditional uses. Sec, 20-615. Lot requirements and setbacks. Sec. 20616. Interim uses, Secs. 20-617— 0-630, - Reserved. Sec. 20 - Intent. The intent of the "RSF" District is to provide for single-family residential subdivisions. (Ord Nh80, Art. K§s(o'5'V 12'15-86) Sec. 20-612. - Permitted uses. The foflowing uses are permitted in an "RSF" District: (1) Antennas as regulated by article XXX of this chapter. Day center for 12 fewer children ayoam on or r or vvero mn (3) Group home serving six or fewer persons. (4) Public and private parks/open space. (5) Single-family dwellings. Temporary real estate and model home mpoxoryrna o office mo e omo (7) Utility services. (Ord. wu 80, Art. k5 n(o 5-2). /z'15'86: Ord. Nn 250 § 11, 11-12-06, 0n1 No. 377, § 80, 5-2*'04) Sec. 20-613. - Permitted accessory uses. The foliowing are permitted accessory uses in an "RSF' District: (1) Garage. Storage building. (3) Swimming pool. Tennis court. (5) Signs. (6) Home occupations. One dock. (7) »« « . Private (8) kennel. (Ord. No. 80, Art. V, § 5(5-5-3), 12-1*86) Sec. 30-614. - Conditional uses. The foliowing are conditional uses in an "RSF" District: Churches. (1) uno oo. (2) Reserved. Recreational b h | ts (3) ��o lots. Towers regulated b a�i | XXX chapter. (4) n�amaoby article this o apmr. Mtn://|ibrurvmunicnde.cnrn/nrint.omnx7u|icntT7}=(4O48&iFlTMRcouey1=httn%]oY/02f%2Oih 3/7/2012 �� Municode Page 2 of 3 (Ord No 80 Art. V, § 5(5 -5.4), 12- 15 -86. Orcl. No 120 § 4(4) 2 -12 -90 Ord. No 259 § 12, 11- 12 -96) State law reference Condition al uses. M S § 462. 3595. Sec. 20 -515. - Lot requirements and setbacks. The following minimum requirements shall be observed in an "RSF" District subject to additional requirements, exceptions and modifications set forth in this chapter and chapter 18 (1) The minimum lot area is 15,000 square feet. For neck or flag lots, the lot area requirements shall be met after the area contained within the "neck" has been excluded from consideration. (2) The minimum lot frontage is 90 feet, except that lots fronting on a cul -de -sac "bubble" shall be 90 feet in width at the building setback line The location of this lot is conceptually illustrated below. Lots !what. age It : measured: the s act Mak 'ACIIIIPP77-. 1111r* - -1"4111 i , . ' . Alp • • • • Frontage Measured at Setback Line (3) The minimum lot depth is 125 feet. (4) Lot width on neck or flag lots and lots accessed by private streets shall be 100 feet as measured at the front building setback line. The location of these lots is conceptually illustrated below. httn:// lihrarv.municode.com /nrint.asnx ?c1i entTD= 14042 &HTMReauest= httn %3a %2f%2fl ill. . 3/7/2012 Municode Page 3 of 3 N ECK/FLAG LOTS FRONT LOT LINE STREET 1 1 100' LOT WIDTH a . ! LOT 1 WIDTH Neck/Rao Lots (5) The maximum lot coverage for all structures and paved surfaces is 25 percent. (6) The setbacks are as follows. a. For front yards, 30 feet. b. For rear yards, 30 feet. c. For side yards, ten feet. (7) The setbacks for lots served by private streets and /or neck lots are as follows. a. For front yard, 30 feet. The front yard shall be the lot line nearest the public right -of -way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a 100 -foot minimum width b. For rear yards, 30 feet. c. For side yards, ten feet. (8) The maximum height is as follows: a. For the principal structure, three stories /35 feet. b. For accessory structures, 20 feet. (Ord. No 80, Art. V, § 5(5 -5 -5 ), 12- 15 -86, Ord. No. 90. § 1, 3- 14 -88' Ord. No 127, § 3, 3- 26 -90' Ord. No 145, § 2, 4 -8- 91. Ord. No. 240 § 18, 7- 24 -95, Ord. No 324, § 23. 7 -9 -01; Ord. No 377 § 81. 5-24 04 Ord. No. 409. § 4, 1 -9 -06) Editor's note— Section 2 of Ord. No 145 purported to amend § 20- 615(6)b. pertaining to accessory structures; such provision were contained in, § 20- 615(7)b., subsequent to amendment of the section by Ord. No. 127. Hence, the provisions of Ord No. 145, § 2, were included as amending § 20- 615(7)b. Sec. 20 - 616. - interim uses. The following are interim uses in the "RSF" District: (1) Private stables subject to provisions of chapter 5, article IV. (2) Commercial stables with a minimum lot size of five acres. (Ord No 120, § 3, 2- 12 -90) Secs. 20- 617 -20 -630. - Reserved. httn: / /li hrarv.muni code.com /nrint.asnx ?cli entTD= 14048 &HTMR eauest=httn%3 a %2f%2flih... 3/7/2012 Municode Page 1 of 2 Chanhassen, Minnesota, Code of Ordinances » - CITY CODE » Chapter 20 - ZONING » ARTICLE XIII. - "R -4" MIXED LOW DENSITY RESIDENTIAL DISTRICT » ARTICLE XIII. - "R -4" MIXED LOW DENSITY RESIDENTIAL DISTRICT Sec. 20 -631. - Intent. Sec. 20 -632, - Permitted uses, Sec. 20 -633. - Permitted accessory uses. Sec. 20 -634. - Conditional uses. Sec. 20 -635. - Lot requirements and setbacks. Sec. 20 -636. - Reserved. Sec. 20 -637. - Interim uses. Secs. 20- 638 -2.0 -640. - Reserved. Sec. 20 - 631. - Intent. The intent of the "R -4" District is to provide for single - family detached and attached residential development at a maximum net density of four dwelling units per acre. (Ord. No 80, Art. V, § 6(5 -6 -1) 12- 15 -86, Ord. No. 377, § 82, 6 24 04) Sec. 20 -632. - Permitted uses. The following uses are permitted in an "R -4" District: (1) Single- family dwellings. (2) Two- family dwellings. (3) Public and private parks and open space (4) Group home serving six or fewer persons. (5) State- licensed day care center for 12 or fewer children (6) Utility services. (7) Temporary real estate office and model home. (8) Antennas as regulated by article XXX of this chapter (Ord. No. 80 Art. V § 6(5-6-2), 12-15-86. Ord. No 259. § 13, 11- 12 -06) Sec. 20 -633. - Permitted accessory uses. The following are permitted accessory uses in an "R -4" District: (1) Garage (2) Storage buildings. (3) Swimming pool. (4) Tennis court. (5) Signs. (6) Home occupations. (7) One dock. (Ord No, 80, Art V, § 6(5 -6 -3), 12- 15 -86) Sec. 20 -634. - Conditional uses. The following are conditional uses in an "R -4" District: (1) Churches (2) Reserved httn: / /lihrarv_muni code.com /nrint.asnx ?cl i entTD= 14048 &HTMR ea nest= httn %3 a %2f%2flih... 3/7/2012 Municode Page 2 of 2 (3) Reserved (4) Private kennel. (5) Towers as regulated by article XXX of this chapter. (Ord. No 80, Art. V, § 6(5 -6 -4), 12-15-86, Ord. No 120, § 4(5). 2-12 -90: Ord. No. 2.59, § 14, 11- 12 -96) State Jaw reference --- Corrditionaf uses, M.S. § 462.3595. Sec, 20 -635. - Lot requirements and setbacks. The following minimum requirements shall be observed in an "R -4" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: a . For a detached single - family dwelling unit, 15,000 square feet per unit. b For a two- family dwelling, 10,000 square feet per dwelling unit. (2) The minimum lot frontage is as follows. a. For a single - family dwelling, 80 feet. b For a two- family dwelling, 50 feet per dwelling unit. c . If the lot fronts on a cul -de -sac the width of the lot at the building setback lines shall be 1. In the case of a single - family dwelling, 80 feet. 2. In the case of a two- family dwelling, 50 feet. (3) The minimum lot depth is 125 feet. (4) The maximum lot coverage for all structures and paved surfaces is 30 percent. (5) The setbacks are as follows: a . For front yards, 30 feet. b For rear yards, 30 feet. c . For side yards, ten feet. (6) The maximum height is as follows: a. For the principal structure, three stories /35 feet. b. For accessory structures, one story/15 feet. (Ord. No 80, Art V, § 6(5 -6 -5), 12- 15 -86, Ord. No 90 § 2, 3- 14 -88; Ord No 3/7, § 83. 5-24-04) Sec. 20 -636. - Reserved. Sec. 20 -637. - Interim uses. The following are interim uses in the "R -4" District: (1) Private kennels. (2) Reserved. (Ord. No. 120, § 3. 2 12-90: Ord. No. 377. § 84, 5- 24 -04) Secs. 20- 638 -20 -640. - Reserved. httn:// lihrarv. municode .com /nrint.asnx ?clientTT)= 14048 &HTMReauest= httn %3a %2f%2flih___ 3/7/2012 Municode Page 1 of 2 Chanhassen, lVflnnesota, Code of Orchnances » - CITY CODE >> Chapter 2O' ZONING »> ARTICLE XIV. - MIXED LOW AND MEDIUM DENSITY RESIDENTIAL DISTRICTS >> DIVISION 1.'^RLK8^ RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT >> DIVISION 1. - "RLM" RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT Sec. 20-641.'Intent. Sec, 20-642. Permitted uses. Sec. 2O-643.- Permitted accessory uses. Sec. 20-644. - Conditional uses. Sec. 20-645. - Lot requirements and setbacks. Secs. 20-646-20-650. Reserved. � Sec. 20-641' - Intent. The intent of the "RLM" District is to provide for single-family attached or detached residential development on land guided residential—low or medium density in the city's comprehensive plan with a moximumnetdonoityofe0htundoperaom.Tho''RLM''Diotriotisintondod0obouoedvvhom|nrgaaroaoof upland will be preserved or created as permanent open space to balance the higher hard surface coverage permitted on individual lots. (Ord No 377, § 85, 5-24'04 Ord. No 431 § ,. 9'25-06) Sec. 20'642. - Permitted uses. The foliowing uses are permitted in an "RLM" District: (1) Antennas as regulated by article XXX of this chapter. (2) Daycare center 12 or less persons. (3) Public and private parks and open spaces. (4) Single-family dwelling. Temporary real and mpono�m office home. (6) Townhouses, two-family and multifamily dwellings. (7) Utility services. (Ord. No. 377, § RJ.o 24 o*) Sec. 20-643. - Permitted accessory uses. The foliowing are permitted accessory uses in an "RLM" District: (1) Garage. Home occupations. eonuup . (3) Signs. (4) Storage building. (5) Swimming pool. Tennis court. (Ord. No 377, § 85, 5'2*'0*/ Sec. 20-844. - Conditional uses. The following are conditional uses in an "RLM" District: Churches. (1) u ou. Day care center (2) y neoen (3) Group home serving from seven to 16 persons. Municode Page 2 of 2 (4) Recreational beach lots (5) Towers as regulated by article XXX of this chapter. (Ord. No 377, § 85. 5- 24 -04) State law reference Conditional uses, M. S. § 462.35 95 Sec. 20 -645. - Lot requirements and setbacks. The following minimum requirements shall be observed in an "RLM" District subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum lot area is as follows: ( If a single- family dwelling is located on the lot, 9,000 square feet per dwelling unit. (b) If a two- family dwelling is located on the lot, 7,260 square feet per dwelling unit. ( If a townhouse or multiple - family project is located on the lot, an average of 5,445 square feet per dwelling unit. (2) The minimum lot frontage: (a) Single- family and two- family dwellings are 50 feet except that in the case of a lot that fronts on a cul -de -sac or on the outside of a curve on a curvilinear street, the width of the lot at the building setback line shall be 50 feet. (b) Townhouses and multifamily dwellings are 30 feet except that in the case of a lot that fronts on a cul -de -sac or on the outside of a curve on a curvilinear street, the width of the lot at the building setback line shall be 30 feet. (3) The minimum lot depth: (a) If a single - family dwelling, the minimum depth is 110 feet. (b) If a two- family dwelling minimum depth is 100 feet. (c) If a townhouse or multiple - family dwelling minimum depth is 100 feet. (4) The maximum lot coverage is (a) If a single- family dwelling, 35 percent. (b) If a two- family dwelling, 40 percent. (c) If a townhouse or multiple - family dwelling 50 percent. (5) The setbacks are as follows: (a) If a single - family dwelling' 1) For front yards, 25 feet. 2) For rear yards, 25 feet. 3) For side yards, five feet on garage side and ten feet on house side. Minimum separation between structures on adjacent parcels shall be 15 feet. (b) If a two- family dwelling. 1) For front yards, 25 feet. 2) For rear yards, 30 feet. 3) For side yards, ten feet where no common wall is located. (c) If a townhouse or multiple- family dwelling' 1) For front yards, 25 feet. 2) For rear yards, 25 feet. 3) For side yards, ten feet where no common wall is located. (6) The maximum height is as follows: (a) For the principal structure, three stories /35 feet. (b) For accessory structures, one story/15 feet. (Ord. No 377, § 85, 5- 24 -04, Ord. No. 423. § 4, 6- 12 -06) Secs. 20-646 -20 -650. - Reserved. httn: / /lihrarv_muni code_com /nrint.asnx ?clientjD= 14048 &HTMReauest= httn %3a %2f%2flih... 3/7/2012