Attachment 7- PUD Setbacks CITY OF ClIANIIASSEN
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NS S Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: MacKenzie Walters, Assistant Planner
DATE: September 25, 2017
SUBJ: Planned Unit Development Districts
Issue
The city's Planned Unit Development districts have mandatory minimum project setbacks which
can limit the districts intended flexibility.
Summary
Planned Unit Developments (PUD) are designed to allow the city the maximum amount of
flexibility possible in order to create unique and environmentally sensitive developments that
would not possible within the confines of the base zoning districts. The section of the city's
zoning code which allows it to establish PUDs species standard minimum project setbacks for
the different types of PUD districts. These minimum project setbacks can serve to reduce the
flexibility of PUD districts and hamper their ability to preserve desirable site characteristics and
efficiently use available land.
It may make sense to remove these minimum setbacks, in favor of increased flexibility.
Relevant City Code
Chapter 20-Article VIII. - Planned Unit Development Districts: This article established the
intent, standards, and guidelines for using PUD districts.
Chapter 20-Article XXV. —Landscaping and Tree Removal: This article establish the minimum
screening and buffer requirements for transitions between lower and higher intensity land uses.
Analysis
PUDs are a tool which allow the city and developers to establish the unique zoning districts that
allow for developments that could not be accommodated by traditional zoning categories. Sec.
20-501 states that the intent of Planned Unit Developments (PUDs) is to "offer enhanced
flexibility to develop a site through the relaxation of most normal zoning district standards"with
the understanding that"the development plan will result in a significantly higher quality and
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more sensitive proposal". This section goes on to elaborate that applicants seeking this zoning
should demonstrate the development will facilitate preservation, sensitive transitions, and design
compatibility with surrounding land uses, amongst other criteria. PUDs are best able to serve
their intended function when both the city and developers have a high level of flexibility in
creating the PUD district.
As it is currently written, the PUD ordinance lists general standards for all PUDs. These
standards indicate that industrial PUDs adjacent to single-family homes have minimum building
and parking setbacks between 50 and 100 feet, depending on screening. All PUDs are required to
meet the buffer requirements established by the city's Comprehensive Plan and Chapter 20,
Article XXV of the City Code. This configuration establishes a range of setbacks for these types
of PUDs and grants the city the flexibility to modify the setbacks based the development's
unique features.
Sec. 20-506 lists minimum lot sizes and setbacks for single-family detached residential PUDs.
These lot sizes and setbacks establish a minimum threshold appropriate for PUDs seeking to
create detached single family neighborhoods. Its base interior setbacks are those of the
Residential Single Family District,with the option for the Council to reduce the front yard
setback to 20 feet. This PUDs exterior setback is 30 feet. It is not clear why a low-density district
would need additional setback and screening from other low-density districts. Removing this
requirement would still allow the City Council to require a setback or screening if the situation
warranted.
Sec. 20-508 provides for a high degree of flexibility with no minimum lot sizes or stipulated
interior setbacks beyond a 30-foot public right of way setback which the Council can reduce to
20 feet. This district also has a 50-foot exterior setback. The intent of this setback is to provide a
transition area between high and medium density residential districts and adjacent low-density
single-family districts;however,the screening and buffing requirements established by the
comprehensive plan and Chapter 20,Article XXV are also designed to provide the screening and
facilitate transitions between uses. While these buffer requirements do not establish minimum
setback distances, they do establish a sliding scale requiring an increased density of landscaping
as setback distances decrease. Inserting a provision to allow the city to increase or decrease this
setback as part of the approval process would grant increased flexibility similar to what is
allowed for PUDs creating regional/lifestyle or industrial centers.
Sec. 20-509 which governs the creation of PUDs for regional/lifestyle centers has a 30-foot
exterior setback,but allows the City Council to increase or decrease the setback as part of the
approval process. A similar provision exists for the district's 50-foot setback from residential
districts. This configuration provides a base line setback,but maintains the city's ability to
customize the PUD's zoning characteristics based on an area's unique features.
Variances can be granted from these exterior setback requirements;however, it is somewhat
redundant as all PUD ordinances are already subject to public hearings and City Council
approval. That being said,the threshold for receiving a variance is higher than that for having the
City Council waive a setback requirement. Granting the city a higher level of discretion in the
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relief it grants developers from PUD exterior setbacks will increase the flexibility of the
ordinance and the ability to fulfill its intended function. Additionally, adding language allowing
the City Council to waive setback requirements as part of the PUD approval process creates
equal treatment between the different types of PUDs and eliminates a procedural hurdle.
Alternatives
1) No change. The city can grant a variance in cases where these setbacks do not make
sense.
2) Amend the PUD Ordinance to remove the required project setbacks.
3) Amend the PUD Ordinance to existing exterior setback from 20-506, and utilize the
language from Sec. 20-509 to allow council to waive or increase setbacks for 20-508
appropriate.
4) Amend the PUD utilize the language from Sec. 20-509 to allow council to waive or
increase setbacks for 20-508 and 20-506 as appropriate.
Recommendation
Option 3 would grant PUD districts a level of flexibility in line with their attended function,
while establishing guidelines and criteria for altering the base standard.
The potential ordinance change would read as follows:
ARTICLE VIII. - PLANNED UNIT DEVELOPMENT DISTRICT fill
Footnotes:
--- (11) ---
Editor's note— Section 1 of Ord. No. 149, adopted June 24, 1991, amended Art. VIII, Div. 1, to
read as herein set out. Former Art. VIII, Div. 1, §§ 20-501-20-505,pertaining to similar subject
matter and derived from Ord. No. 80, Art. V, § 18(5-18-1-5-18-5), adopted Dec. 15, 1986, and
Ord. No. 136, § 1, adopted Jan. 28, 1991.
DIVISION 1. - GENERALLY
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
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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.
(Ord. No. 149, § 1, 6-24-91; Ord. No. 377, § 61, 5-24-04)
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
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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.
(Ord. No. 149, § 1, 6-24-91; Ord.No. 377, § 62, 5-24-04; Ord. No. 488, § 1, 11-23-09)
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.
(Ord. No. 149, § 1, 6-24-91; Ord. No. 377, § 63, 5-24-04; Ord. No. 488, § 2, 11-23-09)
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.
(Ord. No. 149, § 1, 6-24-91; Ord. No. 377, § 64, 5-24-04)
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.
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(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 (%)
Low or medium density residential 30
High density residential 50
Office 70
Commercial (neighborhood or community) 70
Commercial (regional) 70
Industrial 70
Mixed use 70
Individual lots within the 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.
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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. PUDs 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
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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.
(Ord. No. 149, § 1, 6-24-91; Ord. No. 179, § 3, 11-23-92; Ord. No. 240, § 14, 7-24-95; Ord. No.
315, § 2, 3-26-01; Ord. No. 377, §§ 65-68, 5-24-04; Ord. No. 474, §§ 7, 8, 10-13-08; Ord. No.
522, § 7, 5-23-11)
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 11,000 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 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.*
-- - . . •- -. - . . ' --- ' .. -- ' '
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.
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*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.
(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 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.
(Ord. No. 179, § 1, 11-23-92; Ord. No. 377, §§ 69, 70, 5-24-04; Ord. No. 542, § 1, 6-25-12)
Sec. 20-507. - Controls during construction and following completion.
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(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 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
(5) Creates noncompliance with any special condition attached to the approval of the master
development plan.
(Ord. No. 149, § 1, 6-24-91)
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
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(1) PUD exterior: 50 feet. The 50-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.
(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 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.
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(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.
(Ord. No. 179, § 2, 11-23-92; Ord. No. 240, § 15, 7-24-95; Ord. No. 315, § 3, 3-26-01; Ord. No.
377, §§ 70, 71, 5-24-04)
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
(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
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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.
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.
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(f) Maximum building height:
Commercial—retail 2 stories
Commercial—services 3 stories
Office 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.
(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;
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(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.
(Ord. No. 488, § 3, 11-23-09)
Secs. 20-510-20-515. - Reserved.
DIVISION 2. - PROCEDURES
Sec. 20-516. - Preapplication conference.
Prior to filing an application for PUD, the applicant shall attend a conference with 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.
(Ord. No. 80,Art. V, § 18(5-18-6(1)), 12-15-86; Ord. No. 542, § 2, 6-25-12)
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
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(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 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 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 comment on the concept
plan.
(Ord. No. 80, Art. V, § 18(5-18-6(2)), 12-15-86; Ord. No. 377, § 72, 5-24-04; Ord. No. 409, § 3,
1-9-06; Ord. No. 542, § 3, 6-25-12)
Sec. 20-518. - Development stage.
(a) The applicant shall submit the development stage application, preliminary plat and fee. 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.
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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.
(Ord. No. 80, Art. V, § 18(5-18-6(3)), 12-15-86; Ord. No. 542, § 4, 6-25-12)
Sec. 20-519. - Final stage.
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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.
(Ord. No. 80, Art. V, § 18(5-18-6(4)), 12-15-86)
Secs. 20-520-20-550. - Reserved.
Staff is requesting direction from the Planning Commission on how best to address these
concerns.
G:\PLAN\City Code\2017\Various\PUD Setbacks