1f-1. Code Amendment-PUDs0
CITY OF
CBANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
I T 1
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Kate Aanenson, AICP, Community Development Director
DATE: June 25, 2012 A&
SUBJ: PUD Ordinance Amendment
PROPOSED MOTION:
"The City Council approves the attached ordinance amending Chapter 20 of the
Chanhassen City Code Regarding PUD Development Districts."
City Council approval requires a majority vote of City Council present.
BACKGROUND
At their June 5, 2012 meeting, the Planning Commission discussed proposed changes
to the Planned Unit Development (PUD) ordinance. The commission reviewed the
final changes and held a public hearing. The Commission voted all in favor 6 to 0
for the proposed changes and the ordinance amendment.
ATTACHMENT
Recreation Center
1. Planning Commission Staff Report dated June 5, 2012.
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
g: \plan \city code\2012\2012 -02 chapter 20 non - conforming lots, sign illumination, temporary signs, and puds \a. puds \cc cover
memo 6- 25- 12.doc
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
MEMORANDUM
TO: Planning Commission
FROM: Kate Aanenson, AICP, Community Development Director
DATE: June 5, 2012
i
SUBJ: PUD Ordinance Amendment
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council adopt
the proposed amendments to Chapter 20 of the Chanhassen City Code as
outlined in the staff report."
3a
Engineering
Phone: 952.227.1160
BACKGROUND
Fax: 952.227.1170
At their February 7, 2012 meeting, the Planning Commission discussed proposed
Finance
changes to the Planned Unit Development (PUD) ordinance. There was concurrence
Phone: 952.227.1140
on changing the process for conceptual review. The other change staff is proposing is
Fax: 952.227.1110
the elimination of single - family lot size. At their February 27, 2012 meeting, the City
Park & Recreation
Council discussed the proposed changes. Staff prepared a more detailed analysis of
Phone: 952.227.1120
the lot size in the low density land use district. On May 14, 2012 the City Council
Fax: 952.227.1110
reviewed the issue paper and supported the process change but wanted a minimum lot
size for PUDs.
Recreation Center
2310 Coulter Boulevard
ANALYSIS
Phone: 952.227.1400
Fax: 952.227.1404
The intent for the application of the PUD is offer enhanced flexibility through the
Planning &
relaxation of most of the normal zoning district standards. In exchange for the
Natural Resources
flexibility, the city expects a plan that would result in a higher quality and more
Phone: 952.227.1130
sensitive development. There are nine criteria that must be met. One of the
Fax: 952.227.1110
challenges for staff is to determine if the proposal meets the merits of the PUD zoning
district. The city has discretion as to whether or not to the PUD zoning is approved.
Public Works
7901 Park Place
A developer of residential development uses the land use map as to what a property is
Phone: 952.227.1300
guided. In the case of low- density residential, the land use designation permits a net
Fax: 952.227.1310
density of 1.2 -4 net units an acre. The city has four zoning districts that allow low -
density housing:
Senior Center
Phone: 952.227.1125
1. RSF Residential Single Family
Fax: 952.227.1110
Intent — The intent of the RSF District is to provide single - family residential
Web Site
subdivisions.
www.ci.chanhassen.mn.us
2. R -4 Mixed Low Density Residential
Intent — The intent of the R -4 District is to provide for single - family detached
residential development at a maximum of 4 units an acre.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
PUD Ordinance Amendment
June 5, 2012
Page 2
3. RLM Residential Low and Medium Density
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 in the city's
comprehensive plan, with a maximum net density of eight units per 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.
4. PUD Planned Unit Development
Intent — The use of PUDs 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:
* may be wavied down to 20 feet when it is demonstarted that enviromental protection will be enhanced
Low Density Residential Zoning Districts
RSF
R-4
RLM
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
Planning Commission
PUD Ordinance Amendment
June 5, 2012
Page 3
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.
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 ofpublic /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 reduced
to 11,000 square feet, rather than the average of 15,000 (see changes in the attached PUD
ordinance).
RECOMMENDATION
"The Chanhassen Planning Commission recommends that City Council adopt the proposed
amendment to Chapter 20 of the Chanhassen City Code as outlined in the staff report."
ATTACHMENTS
1. City Code Chapter 20 — Zoning, Article VIII, Planned Unit Development District.
2. Ordinance Amending Chapter 20, Zoning.
gAplan \city code \pud amendment\pc report 6- 5- 12.doc
Article VIII Planned Unit Development District
Sec. 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 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 designated uses as the city council shall deem appropriate to achieve the
purposes of this article and the comprehensive plan.
(3) 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.
4
(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 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 Plan Designation Hard Surface
Coverage ( / o)
Low or medium density residential 30
High de nsity residential 50
Office 70
Commercial (neighborhood or community) 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
3
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.
(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.
(1) 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.
(2) 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.
(3) 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.
El
See. 20 -506 - Standards and guidelines for single family detached and 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 11,000 square feet (excluding identified wetland areas from lot calculations).
Average lOt SIMS feF the entife PUD shall maintain a i i Ek ef 15,000 square fe 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 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.*
*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.
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) Landscapingplan. An overall landscaping plan is required. The plan shall contain the following:
5
(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 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
6
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
(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.*
*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
7
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.
(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
8
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
(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:
Setbacks
(feet):
Front:
10
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.
0
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
Commercia"ervices 3 stories
Office 15 stories
i Residential 15 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.
(h) Landscapingplan. 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:
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(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. — Preapplication conference.
Prior to filing an application for PUD, the applicant shall attend a conference with the city staff.
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.
(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.
11
(c) The final acceptance of land uses is subject to the following procedures:
(1) The 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.
(3) The planning commission shall conduct a hearing and mpei4 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
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. if the plannin fails to make a r-eperl
within 60 days after- meeipt ef the applieatien, theft the eity eetmeil may preeee i th A e 11 *_ t h _e
fepeit. The council may appr-eve comment on the concept plan
pr-epesals r-e " i . -ehensiye plan ehanges whieh shall r-equiry a four- fifths vote ef the
entire eity sil
Sec. 20 -518. - Development stage.
(a) , the applicant shall submit the development stage
application, preliminary plat and fe e, if pr . iat b,,,...use o th limited s ale of the ~ al
the eeneept stage and pfelifninary plan s4ages may pr-eeeed simultaneously. 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.
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
12
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.
L 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.
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See. 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 proposal, the preliminary and final plats may proceed simultaneously. The city council shall then
consider the submission for final approval and rezoning to PUD.
14
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, ZONING
CHANHASSEN CITY CODE
PLANNED UNIT DEVELOPMENT DISTRICTS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 20 -506 (b) of the Chanhassen City Code is amended to read as
follows:
(b) Minimum lot size. The standard single - family residential PUD allows lot sizes down to a
minimum of 11,000 square feet (excluding identified wetland areas from lot
calculations). lo! si f t h e entire PUD shall ma i ntain a m o „�
15 fe et . 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 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.
Section 2. Section 20 -516 of the Chanhassen City Code is amended to read as follows:
Prior to filing an application for PUD, the applicant shall attend a conference with the
city staff. 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.
Section 3. Section 20 -517 (c) (3) and (4) of the Chanhassen City Code is amended to
read as follows:
(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. if the plane on fails to M °
i - -F—.I II.uuu vv -- -1 w. ..... .Y.... " rr ..........., y - - - -- ` - -- -- . J - ."'-- --- --- °J r ---- - "
without t he repewt The council may appreve comment on the concept plan and
sueh eenditiens as it deems reasonable. Appr-eval shall fequife a simple majer-ky vete of
require a fe fifths vote „f the entire e it<, . ..:
Section 4. Section 20 -518 (a) of the Chanhassen City Code is amended to read as
follows:
(a ) > 11 gen . .+
ept approva o f .. P D, The applicant shall submit the
l development stage application, preliminary plat and fee if appropri >,eeause of the
limited seale of the proposal, the eoneept stage eand pfelifninar-y plan stages may pr-oe
mti'tanee sly. The applicant shall file the development plans and preliminary plat,
together with all supporting data.
Section 5. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this
day of
2012, by the City Council of
the City of Chanhassen, Minnesota.
Todd Gerhardt, City Manager
(Published in the Chanhassen Villager on
Thomas A. Furlong, Mayor
gAplan \city code \pud amendment \pud ordinance.doc