1g. Zoning Ordinance regarding PUD Regulations The City Council approved 1st
reading on 6/10/91. Second and
final reading is recommended.
11 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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AN ORDINANCE AMENDING CHAPTER 20 OF THE
' CHANHASSEN CITY CODE, THE ZONING ORDINANCE
The City Council of the City of Chanhassen ordains:
Section 1. Article VIII, Planned Unit Development District of
the Chanhassen City Code is amended as follows: •
' ARTICLE VIII, PLANNED UNIT DEVELOPMENT DISTRICT
' DIVISION I. GENERALLY
Section 20-501. Intent.
' Planned unit developments offer enhanced flexibility to develop a
site through the relaxation of most normal zoning district
standards. The use of the PUD zoning also allows for a greater
variety of uses, internal transfers of density, construction
phasing and a potential for lower development costs. In exchange
for this enhanced flexibility, the City has the expectation that
the development plan will result in a significantly higher quality
and more sensitive proposal than would have been the case with the
use of other, more standard zoning districts. It will be the
applicants responsibility to demonstrate that the City's
' expectations are to be realized as evaluated against the following
criteria:
Planned unit developments are to encourage the following:
(1) Preservation of desirable site characteristics and open space
and protection of sensitive environmental features, including
' steep slopes, mature trees, creeks, wetlands, lakes and scenic
views.
' (2) More efficient and effective use of land, open space and
public facilities through mixing of land uses and assembly and
development of land in larger parcels.
(3) High quality of design and design compatible with surrounding
land uses, including both existing and planned. Site
planning, landscaping and building architecture should reflect
' higher quality design than is found elsewhere in the
community.
(4) Sensitive development in transitional areas located between
different land uses and along significant corridors within the
city.
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(5) Development which is consistent with the comprehensive plan.
(6) Parks and open space. The creation of public open space may
' be required by the city. Such park and open space shall be
consistent with the comprehensive park plan and overall trail
plan.
(7) Provision of housing affordable to all income groups if
appropriate within the PUD.
(8) Energy conservation through the use of more efficient building
designs and sightings and the clustering of buildings and land
uses.
(9) Use of traffic management and design techniques to reduce the
potential for traffic conflicts. Improvements to area roads
and intersections may be required as appropriate.
' Section 20-502. Allowed uses.
' Specific uses and performance standards for each PUD shall be
delineated in a development plan.
(a) Each PUD shall only be used for the use or uses for which
the site is designated in the comprehensive plan, except
that the city may permit up to 25 percent of the gross
floor area of all buildings in a PUD to be used for land
' uses for which the site is not designated in the
comprehensive plan if the city council finds that such
use is in the best interests of the city and is
' consistent with the requirements of this section.
Specific uses and performance standards for each PUD
shall be delineated in a PUD development plan.
1 (b) Where the site of a proposed PUD is designated for more
than one land use in the comprehensive plan, city may
require that the PUD include all the land uses so
' designated or such combination of the designated uses as
the city council shall deem appropriate to achieve the
purposes of this ordinance and the comprehensive plan.
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Section 20-503. District size and location.
' (a) Each PUD shall have a minimum area of 5 acres, unless the
applicant can demonstrate the existence of one of the
following:
Ii) 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 an intermediate or
principal arterial as defined in the comprehensive plan.
Section 20-504. Coordination with other zoning regulations.
a) Subdivision review under Chapter 18 shall be carried out
simultaneously with the review of a PUD. The plans required
under this chapter'shall. be submitted in addition to or in a
form which will satisfy the requirements of Chapter 18 for the
preliminary and final plat.
b) Site plan review under Article II, Division 6 of this code
shall be carried out for each non-single family or duplex
principal structure, that is proposed.
c) PUD plans shall be coordinated with and in compliance with
provisions of Article V, Flood Plain Overlay District; Article
VI, Wetland Protection, and Article VII, Shoreland Overlay
District.
Section 20-505. Required general standards.
a) The city shall consider the proposed PUD from the point of
view of all standards and purposes of the comprehensive land
use plan to coordinate between the proposed development the
surrounding use. The city shall consider the location of
buildings, compatibility, parking areas and other features
with response to the topography of the area and existing
natural features, the efficiency, adequacy and safety of the
proposed layout of streets; the adequacy and location of green
areas; the adequacy, location and screening of non-compatible
land uses and parking areas.
b) The applicant shall demonstrate that the PUD plan offers the
city higher quality architectural and site design,
landscaping, protection of wetlands, creeks and mature trees
and buffering for adjoining properties that represent
improvements over normal ordinance standards.
c) Density. An increase/transfer for density may be allowed at
the sole discretion of the city utilizing the following
factors:
1) Density within a PUD shall be calculated on gross acreage
located within the property lines of the site in
accordance with the land use plan.
2) The area where the density is transferred must be within
the project area and owned by the proponent.
3) Density transfer in single family detached area will be
evaluated using the items listed in Section 20-506.
Density transfer eligible for multiple family areas are
' not permitted to be applied to single family areas.
4) In no case shall the overall density of the development
' exceed the gross density ranges identified in the
comprehensive plan.
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d) The city may utilize incentives to encourage the construction
' of projects which are consistent with the city's housing
goals. Incentives may include modification of density and ,
• other standards for developments providing low and moderate
' cost housing. Incentives may be approved by the city only
after the developer and city have entered into an agreement to
ensure that the low and moderate cost units remain available
to persons of low and moderate income for a specific period of
time.
e) Hard surface coverage shall be limited as follows:
Comprehensive Hard surface
Plan Designation Coverage (%)
' Low or medium density 30%
residential
' high density residential 50%
office 70%
' commercial (neighborhood 70%
or community)
' commercial (regional) 70%
industrial 70%
' Individual lots within a PUD may exceed these standards as
long as the average meets these standards.
' f) The setback for all buildings within a PUD from any abutting
street line shall be 30 feet for local streets and 50 feet
' from railroad lines for collector or arterial streets, as
designated in the comprehensive plan, except that in no case
shall the setback be less than the height of the building up
to a maximum of 100 feet. The setback for all buildings from
exterior PUD lot lines not abutting a public street shall be
30 feet except that in no case shall the setback be less than
the height of the building up to a maximum of 100 feet.
Building setbacks from internal public streets shall be
determined by the city based on characteristics of the
specific PUD. Parking lots and driving lanes shall be set
back at least 20 feet from all exterior lot lines of a PUD.
The setback for parking structures including decks and ramps' r
shall be 35 feet from local streets and 50 feet from all other
street classifications except that in no case shall the
setback be less than the height of the structure. Parking
structure setbacks from external lot lines shall be 50 feet or
the height of the structure, whichever is greater when
adjacent to residential property; 35 feet when adjacent to
non-residential properties. Parking structure setbacks from
internal public or private streets shall be determined by the
city based on characteristics of the specific PUD.
Where industrial uses abut developed or platted single family-
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lots outside the PUD, greater exterior building and parking
setbacks may be required in order to provide effective
screening. The city council shall make a determination
regarding the adequacy of screening proposed by the applicant.
Screening may include the use of natural topography or earth
berming, existing and proposed plantings and other features
such as roadways and wetlands which provide separation of
uses. PUD's must be developed in compliance with buffer yard
requirements established by the Comprehensive Plan.
g) More than one building may be placed on one platted or
recorded lot in a PUD. ,
h) At the time PUD approval is sought from the City, all property
to be included within a PUD shall be under unified ownership
or control or subject to such legal restrictions or covenants
as may be necessary to ensure compliance with the approved
master development plan and final site and building plan.
After approval, parcels may be sold to other parties without
restriction, however, all parcels will remain subject to the
PUD development contract that will be recorded in each chain-
of-title.
i) Signs shall be restricted to those which are permitted in a
sign plan approved by the city and shall be regulated by
permanent covenants, established in the PUD Development
Contract.
j) The requirements contained in Articles XXIII, General
Supplemental Regulations, XXIV, Off-street Parking and
Loading, and XXV, Landscaping and Tree Removal. May be
applied by the city as it deems appropriate.
k) The uniqueness of each PUD requires that specifications and
standards for streets, utilities, public facilities and
subdivisions may be subject to modification from the city
ordinances ordinarily governing them. The City Council may
therefore approve streets, utilities, public facilities and
land subdivisions which are not in compliance with usual
specifications or ordinance requirements if it finds that
strict adherence to such standards or requirements is not
required to meet the intent of this or to protect the health,
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safety or welfare of the residents of the PUD, the surrounding
area or the city as a whole.
' 1) No building or other permit shall be issued for any work on
property included within a proposed or approved PUD nor shall
any work occur unless such work is in compliance with the
' proposed or approved PUD.
Section 20-506. Reserved for Single Family Detached Residential.
' Section 20-507. Controls during construction and following
completion.
' a) The use of the land the construction, modification or
alteration of any buildings or structures in a PUD shall be
governed by the final development plan.
' b) After the certificate of occupancy has been issued, no changes
shall be made in the approved final development plan for a PUD
except:
1) Any minor extensions, alterations or modifications of
existing buildings or structures may be authorized by the
' city planner if they are consistent with the purposes and
intent of the final plan. No change authorized by this
section may increase the bulk of any building structure
by more than ten (10) percent.
' 2) Any building or structure that is totally or
substantially destroyed may be reconstructed only in
' compliance with the final development plan unless an
amendment to the final development plan is approved.
3) Changes in uses, any rearrangements of lots, blocks and
building tracts, changes in the provisions of common open
spaces, and all other changes to the approved final
development plan may be made only after a public hearing
' conducted by the planning commission and upon final
approval by the city council. Any changes shall be
recorded as amendments to the final development plan.
' c) Major amendments to an approved master development plan may be
approved by the city council after review by the planning
' commission. The notification and public hearing procedure for
such amendment shall be the same as for approval of the
original PUD. A major amendment is any amendment which:
1) Substantially alters the location of buildings, parking
areas or roads;
' 2) Increases or decreases the number of residential dwelling
units by more than five percent;
3) Increases the gross floor area of non-residential
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buildings by more than five percent or increases the
gross floor area of any individual building by more than
ten percent;
4) Decreases the amount of open space by more than five '
percent or alters it in such a way as to change its
original design or intended use; or
5) Creates non-compliance with any special condition
attached to the approval of the master development plan.
Section 2. This ordinance shall be in full force and
effect from and after its publication according to law.
Passed and adopted by the City Council this day of '
1991.
ATTEST: '
Don Ashworth, City Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on
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