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CAS-04_RESIDENTIAL PUD AMENDMENTS FILE 1 OF 2 - GROUP 3The contents of this file have been scanned. Do not add anything to it unless it has been scanned. �+ru=CUE NO. 547 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHAMN CITY CODE, THE CITY's ZONING ORDINAN BY REZONING &TAIN PROPERTY CITY OF TY COUNCIL CHANHASSOF H OR- DAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ottiinancG is hereby amend Of suoiect to all conditions ancil approval. 13. The zoning map of Chanhassen shall not be it to show the aforesaid it the Clerk shall ap- I mark mis on tile in the Clerk se0ffice�fgo the Purpose of it "" hereinabove for in rererences, and other information shown thereon are hereby incorpo- rated by reference and made a part Of this ordinance. Section 4. Thisordinanceshall. be effective 'in lately upon its Passage and publication. PASSED AND ADOPTC,D by the Chanhassen Ciry Council this A 25th dayJune, 2012 ATTEST:: . Todd Gerhard, City Manager A.Maor (Publishedo in the Chagrdrassen No. 9663) Villager on Thursday, July 5, 2012; Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) new newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notic and said said Notice is hereby incorporated as pan of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstu 7 / Laurie A. Hartmann L� Subscribed and swom before me on this day of 2012 c JYMME j1 A11IETE 111 NOTAR F 9fIC-h4iNNESO?A KyrOIA,4!SSiONE)oiRES`(�13 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space..". $31.20 per column inch Maximum rate allowed by law for the above matter ............."".................. $31.20 per column inch Rate actually charged for the above matter....." ...................".................... 512.59 per column inch SCANNED 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 547 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning from Planned Unit Development - Residential (PUD -R) to Single - Family Residential (RSF), all those lands within Blocks 2 and 3, Mission Hills. Section 2. The rezoning of this property is subject to all conditions of City Council approval. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 25"' day of June, 2012. ATTEST: L Todd Gerhard, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) SCANNED ..wcaen ruuttizomng, torefer- ence theRA Mixed Medium Affidavit of Publication District as the underlying o ning Southwest Newspapers CITY OF CHANHASSEN CARVER AND HENNEPIN TA State of Minnesota) SUMMARY OF ORDINANCE )SS. NO. 548 AMENDING CHAPTER 20 County of Carver ) OF THE CHANHASSEN CITY notice was cut the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both CODE BY REZONING PROPERTY inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: The ordin is to amend pthe plannedUnit el- Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized opment for Mission hills toesclude Blocks 2 and 3, Mission Hills from agent of the publisher of the newspapers (mown as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: the Planned Unit na..ot.,,...,e... abcdefghijklmnopgrstuvw4,yy ..wcaen ruuttizomng, torefer- ence theRA Mixed Medium (A) These newspapers have complied with the requirements constituting qualification as a legal District as the underlying o ning amend, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as for the townhouse development, to eliminate the Planning Director as _ the interpreter of permitted uses, to delete (B) The printed public notice that is attached to this Affidavit and identified as No. yti references to the area of -the rightof-wayand to allow LED light- was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit Said from ing within the development. A printed copy of Ordinance notice was cut the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both No. 548 is available for inspection inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: by any person during regular of- fice hours at the office of the City Manager/Clerk. abcdefghijklmnopgrstuvw4,yy PASSED. ADOPTED, AND AP- PROVED FOR P 2DI2, by the this 23rd day of .Iulg 2812, b➢ the City ,7!/ Council of the City of Chanhas- sen' (Published in the Chanhassen Laurie A. Haifitann Villager on Thursday, August 2, 2012; No. 4685) - --- Subscribed and swore before me on this P J a=daY of aL2012 RATE INFORMATION AP J�AfdNE7TE BART( h'(iT9{-',YF(;9LIC-MINNESOTA Ctw,iISSION EXPIRES'v1I31/13 Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... $12-59 per column inch SCANNED • • 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 548 AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE BY REZONING PROPERTY The purpose of this ordinance is to amend the Planned Unit Development for Mission Hills to exclude Blocks 2 and 3, Mission Hills from the Planned Unit Development — Residential (PUD -R) zoning, to reference the R-8, Mixed Medium Density District as the underlying zoning for the townhouse development, to eliminate the Planning Director as the interpreter of permitted uses, to delete references to the area of the right-of-way and to allow LED lighting within the development. A printed copy of Ordinance No. 548 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 23rd day of July, 2012, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on August 2, 2012) SCANNED Chanhassen City Council — It 23, 2012 0 individual involvement is in crime prevention efforts is vital to helping our city maintain it's high level of safety. We currently have 45 neighborhoods participating in this year's events. Registrations for your block party, if you'd like to have a neighborhood block party I would invite residents to call Beth Hoiseth at City Hall. Her number is 227-1610 to schedule a visit from representatives of the Carver County Sheriff's Office, including the posse again this year. We expect the fire department, city staff and others so Tuesday, August 7'" will be National Night Out. I know a number of members of the council will be visiting neighborhood events as well as the other groups that I mentioned so we look forward to that and thank you to Beth for her work in organizing National Night Out. Move now to items, next items on our agenda will be our consent agenda items. CONSENT AGENDA: Mayor Furlong: If members of the council or others present in the gallery would like any item removed from the consent agenda 1 would ask that you let me know at this time. Mr. McDonald. Councilman McDonald: Mr. Mayor, yes. I would like to remove item (g). The approval of the Fourth Restated Joint Powers Agreement with Southwest Transit from the agenda and have it rescheduled for a work session with council. Mayor Furlong: So that would be a table it for tonight's action and reschedule for future work session. Councilman McDonald: Yes. Mayor Furlong: Thank you Councilman McDonald: And at that point if we could invite Len and also council to come into the work session and explain that to us so we can ask questions. Mayor Furlong: Okay. Any other items, items 1 (a) through 0), excluding (g). If not is there a motion to adopt items 1(a) through 6) excluding (g) but the action on (g) would be to table. Is there a motion? Councilwoman Tjornhom moved, Councilman Laufenburger seconded that the City Council approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated June 25, 2012 -City Council Verbatim and Summary Minutes dated June 25, 2012 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated June 19, 2012 -Park and Recreation Commission Summary Minutes dated June 26, 2012 b. Approval of Bids for Rejuvenation of the Chanhassen Skate Park and Hockey Rink: 1) Equipment 2) Asphalt d. Resolution #2012-40: Approval of CIP Equipment Purchase: Tractor, Broom, Snow Blower. e. Approve Summary Ordinance for Publication Purposes for Mission Hills Planned Unit Development Amendment. SCANNED Chanhassen City Council — July 23, 2012 • f. Resolution #201241: Intersection of TH 101 and Pioneer Trail: Approve Resolution for Grant Application. g. Table Approval of Fourth Restated Joint Powers Agreement with Southwest Transit. h. Approval of National Pollution Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) 2011 Annual Report for Submittal to Minnesota Pollution Control Agency (MPCA). i. Resolution #2012-42: Water Meter Radio Read Replacement: Resolution Rejecting All Bids and Authorizing Re -Advertisement for Bids. j. Approval of CIP Equipment Purchase: Third Production Array for Storage and Retrieval of City Electronic Data (SAN). All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Mike Poppitz: Hello. How are you doing today? Mayor Furlong: If you'd like to introduce yourself at the podium. Mike Poppitz: My name is Mike Poppitz. I'm the Manager of the Victoria Vics baseball team and Mary Thun asked me to come over here and present a couple of things to you from the wager that you had involving Chanhassen and Victoria. I see there's a few policemen. One or two 1 know on your website they said that we stole the game. I don't know if I'm going to get arrested before I leave here or not. Mayor Furlong: It was a tough eighth inning as I recall for the hometown favorite but getting. Go ahead. Mike Poppitz: Yeah, I'm supposed to give you this sign. I don't know what she wants the sign for. Mayor Furlong: We'll find a place for the sign. Mike Poppitz: Yeah, I thought maybe we could put it at second base at the ballpark. And your hat to be. Mayor Furlong: And the hat. The wager was that the mayor of the losing team had to, just a second. Mary Herberger Thun and I wagered on an excellent game between the Chanhassen Red Birds and the Victoria V ics. Unfortunately the Red Birds came out on the short end because of a tough inning. Eighth inning. Are you ready? And the loser mayor gets to wear a hat for the meeting so if anybody apologizes I'll be wearing a hat this evening for the meeting and I expect that the Red Birds will play a little better next year so that I can bring a hat over to another city hall meeting. Mike Poppitz: I wish them the best of luck this year in the playoffs and that stuff. You guys got really a nice team. Mayor Furlong: It was a great game Mike Poppitz: It was a good game. 7700 Market Boulevard PC 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 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 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 • MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: July 23, 2012 bw • 1� SUBJ: Approval of Summary Ordinance for Publication Purposes PROPOSED MOTION "The Chanhassen City Council approves the publication of the summary ordinance for the Mission Hills PUD." City Council approval requires a 4/5 vote for approval of the summary ordinance. EXECUTIVE SUMMARY City Council approved the amendment to the Planned Unit Development ordinance on June 25, 2012. There were five changes approved to the existing ordinance, but the ordinance itself is five pages long. Staff is requesting that City Council approve the publication of a summary ordinance for the Mission Hills PUD. RECOMMENDATION Staff recommends approval of the summary ordinance for publication purposes. ATTACHMENTS 1. Mission Hills PUD Summary Ordinance. g1plan12012 planning cases\2012-04 residential pud amendments\group 3 -june 5.2012 public heming\mission hillslexec summary approve publication of summary ord.doc Chanhassen is a Community for Life - Providing forToday and Planning for Tomorrow SCANNED 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. 548 AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE BY REZONING PROPERTY The purpose of this ordinance is to amend the Planned Unit Development for Mission Hills to exclude Blocks 2 and 3, Mission Hills from the Planned Unit Development — Residential (PUD -R) zoning, to reference the R-8, Mixed Medium Density District as the underlying zoning for the townhouse development, to eliminate the Planning Director as the interpreter of permitted uses, to delete references to the area of the right-of-way and to allow LED lighting within the development. A printed copy of Ordinance No. 548 is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 23`d day of July, 2012, by the City Council of the City of Chanhassen. (Published in the Chanhassen Villager on August 2, 2012) 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 548 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CTI'Y'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CrfY COUNCIL OF THE CrFY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City s zoning ordinance, is hereby amended by rezoning all property within Mission Hills except Blocks 2, 3 and Outlot E, Mission Hills, Mission Hills 2°d Addition and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9h Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10* Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, l ld' Supplemental filed May 7,1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12th Supplemental filed May 20, 1996 to Planned Unit Development — Residential; and Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning Oudot E, Mission Hills to Planned Unit Development. Section 2. The rezoning of this property incorporates the following development design standards: Mission Hills Zoning Standards a. Intent The purpose of this zone is to create a PUD neighborhood commercial/mixed density housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. Except as modified by the Mission Hills standards below, the mixed density housing development shall comply with the requirements of the R-8, Mixed Medium Density District. b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurant (no drive-thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses. SCANNED 0 C. Setbacks In the PUD standards, the building setback for commercial is 50 feet from any public right-of- way. The commercial parking setback shall be 35 feet from any public right-of-way and/ or interior property line. There shall be a buffer separating the residential portion from the commercial portion of the site. This buffer shall be in the form of a berm and landscaping. The following setbacks shall be observed: Minimum Lot Size multi -family units: Mission Hills: As approved on October 24, 1994 in the Plat of Mission Hills; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9d' Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10th Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 11"' Supplemental filed May 7,1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12`h Supplemental filed May 20, 1996; Mission Hills 2nd Addition: BLOCK USE Area: 2,100 square feet Width: 46 feet Depth: 47 feet Net Lot Area Density Hard Surface Coverage Outlot Commercial 7.72 acres 1 138 Multi -Family units 18.00 acres 7.66 37% 4 56 Multi -Family units 8.92 acres 6.28 43.2% COMMERCIAL 1 • All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels. 2. Brick may be used and must be approved to assure uniformity. `A Residential Commercial Street Commercial Residential Parking Parking Building Setback Building Setback Setback Setback Highway 101 50' 50' 20' 35' Highway 212 50' 50' 20' 35' West 860' Street 50' 30' 20' 35' d. Development Standards Tabulation Box Minimum Lot Size multi -family units: Mission Hills: As approved on October 24, 1994 in the Plat of Mission Hills; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9d' Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10th Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 11"' Supplemental filed May 7,1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12`h Supplemental filed May 20, 1996; Mission Hills 2nd Addition: BLOCK USE Area: 2,100 square feet Width: 46 feet Depth: 47 feet Net Lot Area Density Hard Surface Coverage Outlot Commercial 7.72 acres 1 138 Multi -Family units 18.00 acres 7.66 37% 4 56 Multi -Family units 8.92 acres 6.28 43.2% COMMERCIAL 1 • All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels. 2. Brick may be used and must be approved to assure uniformity. `A • 0 3. Block shall have a weathered face or be polished, fluted, or broken face. 4. Concrete may be poured in place, tilt -up or pre -cast, and shall be finished in stone, textured or coated. 5. Metal standing seam siding will not be approved except as support material to one of the above materials or curtain wall on office components. 6. All accessory structures shall be designed to be compatible with the primary structure. 7. All roof mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 8. All buildings on the Outlot shall have a pitched roof line. 9. All mechanical equipment shall be screened with material compatible to the building. RESIDENTUL Building exterior material shall be a combination of prepainted 5" aluminum siding and brick. 2. Arched transoms and soffit returns shall be used over the entries of the one story units and horizontal transom windows over the 2 story windows. Introduce some variation among the buildings through the shape of windows, adding louvers, shifting entry ways, and adding dormers. 3. Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc.). 4. Each unit shall have a minimum of I overstory tree within its front yard. 5. All units shall have access onto an interior street and not 86th Street. e. Site Landscaping and Screening The planting plans prepared for the site are intended to create a strong sense of street tree plantings using overstory deciduous trees such as Summit Ash, Linden, and Sugar Maple. Highways 101 and 212 will be buffered with a combination of overstory evergreen trees and ornamental deciduous trees. The outdoor private living areas will be buffered with the use of evergreen trees. The wetland will be highlighted with the introduction of native wetland species. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. Berms of 2 to 3 feet high shall be added along the Highway 101 and 212 right-of-way. These berms shall be seeded and/or sodded and bushes and trees shall be planted on them. All disturbed areas within the single family lots shall be seeded and/or sodded. Two trees with a minimum of a 2%z inch caliper shall be planted within the front 0 0 yard setback. These two trees shall consist of one overstory evergreen tree and one ornamental deciduous tree. 1. All open spaces and non -parking lot surfaces (outlot) shall be landscaped, or covered with plantings and/or lawn material. 2. Outdoor storage is prohibited. 3. Loading areas shall be screened from public right-of-ways. Wing wall may be required where deemed appropriate. 4. The Outlot shall be seeded and maintained in a weed free condition in all areas proposed for future development. f. Signage COMMERCIAL One monument sign shall be permitted for the outlot and one monument sign for the residential section of the PUD. 1. All businesses built within the outlot shall share one monument sign. Monument signage shall be subject to the monument standards in the sign ordinance. 2. Wall signs are permitted on no more that 2 street frontages. The total of each wall mounted sign display areas shall not exceed (24 square feet). 3. All signs require a separate permit. 4. The signage will have consistency throughout the development and shall tie the building materials to be consistent with the signs. Signs shall be an architectural feature, they shall not be solely mounted on a pole of a foundation. 5. Consistency in signage shall relate to color, size, materials, and heights. 6. No illuminated signs within the outlot may be viewed from the residential section of the PUD. 7. Only back -lit individual letter signs are permitted. 8. Individual letters may not exceed 3 feet in height. 9. Only the name and logo of the business occupying the unit will be permitted on the sign. RESIDENTIAL One monument identification sign shall be permitted for the residential development. The sign may not exceed 24 square feet in area and 5 feet in height. 4 0 0 g. Lighting All light fixtures shall be shielded high pressure sodium or LED fixtures. Light level for site lighting shall be no more than %z foot candle at the property line. This does not apply to street lighting. The maximum height of a residential street light shall not exceed 15 feet. Light fixtures within the outlot shall not exceed 25 feet. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to tum them on and off automatically as activated by yearly conditions. 4. The outlot light poles shall be corten, shoe box light standards. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of June 2012 by the City Council of th C' f Chanhassen, Minnesota ZjYV Todd Gerhardt, City Manager Thomas A. Furlong, Mayor e ity o (Summary Ordinance for publication purposes to be approved by the City Council on July 23, 2012 for publication on August 2, 2012) � � 3 CITY OF CHAN14ASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of the City of Chanhassen for rezoning to Planned Unit Development — Residential (PUD -R) and Planned Unit Development (PUD), and Single -Family Residential (RSF) Districts. To Planned Unit Development -Residential (PUD -R): All property within Mission Hills except Blocks 2, 3 and Outlot E, Mission Hills; Mission Hills 2"d Addition and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9th Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10`h Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 11th Supplemental filed May 7, 1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12th Supplemental filed May 20, 1996. To Planned Unit Development (PUD): Outlot E, Mission Hills. To Single Family Residential (RSF): Blocks 2 and 3, Mission Hills On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for amending the Planned Unit Development zoning of the property to incorporate references to the Chanhassen City Code and minimum lot standards and to rezone the single-family detached housing to Residential Single - Family. The Planning Commission conducted a public hearing on the proposed rezonings preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential and Planned Unit Development. 2. The property is guided in the Land Use Plan for Residential Low Density, Residential Medium Density and Mixed Use uses. SCANNED r� The legal description of the property is: Mission Hills; Mission Hills 2nd Addition; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9d' Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10`s Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, l Ph Supplemental filed May 7, 1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12 h Supplemental filed May 20, 1996. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan by implementing the land use and housing goals of the city. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city s service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. The Planning Commission recommends that the City Council approve the rezonings. ADOPTED by the Chanhassen Planning Commission this 5a' day of June, 2012. CHANHASSEN PLANNING COMMISSION BY: Its Chairman Generous, Bob From: Tom Berge [thberge@earthlink.net] Sent: Monday, April 02, 2012 11:32 AM To: Generous, Bob Cc: Susan Hoaglund Subject: RE: PUD -R Mr. Generous... Thanks for your prompt response. We can now assure our residents that the amendment will not change existing zoning requirements, only clarify the PUD -R standards expected should further development occur. Tom Berge -----Original Message ----- >From: "Generous, Bob"<bgenerous(dci.chanhassen.mn.us> >Sent: Apr 2, 2012 11:58 AM >To: Tom Berge <thberge(a@earthlink.net> >Cc: Susan Hoaglund <susanhoaglund55317(dyahoo.com> >Subject: RE: PUD -R >Mr. Berge: >Thank you for contacting me regarding the Mission Hills PUD amendment. >You are exactly correct in you analysis of what the proposed change is intended to do. >Basically, we are trying to codify what is permitted within the development. Because this is a Planned Unit Development, the PUD ordinance is supposed to include all the regulations for the project. However, the city relies on many other parts of the City Code to regulate development and in order for us to clarify that we apply these standards, we must tie the development to the code. We can do this by adding the language you see in the intent portion of the ordinance: >a. Intent >The purpose of this zone is to create a PUD neighborhood commercial/mixed density housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. Except as modified by the Mission Hills standards below, the mixed density housing development shall comply with the requirements of the R-8, Mixed Medium Density District and the single-family detached housing shall comply with the RSF, Single -Family Residential District. Except as modified by the Mission Hills standards below, the commercial development shall comply with the Neighborhood Business District, BN. >You are also correct that the reference to the BN district is for the open field immediately adjacent to 101. >If you have additional questions or need more information, please contact me. >Bob Generous SCANNED t r> -----Original Message----- • >From: Tom Berge fmailto:thberge(dearthlink.netl >Sent: Monday, April 02, 2012 5:57 AM >To: Generous, Bob >Cc: Susan Hoaglund >Subject: PUD -R >Mr. Generous >I serve on the Mission Hills Garden Homes Association Board and am writing in response to your recent correspondence to our Board Chair, Susan Hoaglund. >I am writing to make certain we understand the purpose of the proposed PUD -R amendment. First, I am not certain of the geographic area covered by the document as I noted it includes light commercial development. I would assume that would cover any development in the open field south of 86th street. Second, the amendment does not appear to change current permitted uses of the space covered by the planned unit development, only clarify specifics as to lot size, etc. Is this correct? >Bottom line, does the proposed amendment make any changes in the existing plan and how our area is zoned other than making clarifications as noted in your cover letter? >Thank you, >Tom Berge K CITY OF CHANHASSEN • • CARVER AND HENNEPIN COUNTIES, MINNESOTA Ailj ORD11%WCE NO.CHAPTER 20 OF qg CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN OR- DAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's ed byrezoniag all Property within Saratoga 1st Addition, except Lots 1 - 3, Black 1, and Saratoga 2nd Addition to Planned Unit roves..... Saratoga 1st Addition and Saratoga 2nd Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family and two-family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be Permitted once a primary ase has occupied the site. Except es modi. fied by the Saratoga Ist Addition and Saratoga 2nd Addition PUD b. Permitted Uses The permitted uses in this zone shall he single-family detached and two unit attached dwellings and their accessory uses. C. Lot Requirements and Setbacks Minimum Lot Area: feet Single-family - 10,000 square Two nit structure par unit - 6,000 square feet feet Average Lot area: 12,580 square Um Minimum Dimensions: (Per Width: 00 feet Depth: 120feet Setbacks: Front: 25 feet Rear: 30 feet Side: 10 feet Hardcover: 30 percent - *Individual lots may exceed the 30 percent hardcover, but the entire Project shall maintain 30 percent hard surface coverage. Section 3. The zonine man M republished to show the zoning, but the Clerk propriately mark the zo on file in the Clerk's Ofh and other of this ordinance. Section a. This ordinance shall be effective immediately upon its 25th day of Minnesota Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen vil- lager and has full knowledge of the facts herein slated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. L � was published on the date or dales and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specked. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abWetghijkimnopgrsmvwxyz 1 Byj ULaurie A- Hartman Subscribed and sworn before me on this day of ?2.F— 2012 No blit i -inAMEJEAMNEiTE M: NOTARY FLTUC-MINNESOTA ; 6fl'C'I MISSION EXPIRES 01131113; RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 percolator inch Maximum rate allowed by law for the above matter ................................. $3120 per wtumn inch Rate actually charged for the above matter ....... ............. ._....................... S12.59 percolumn inch SCANNED 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 549 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Saratoga I" Addition, except Lots 1 — 3, Block 1, and Saratoga 2 Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: Saratoga I" Addition and Saratoga 2°d Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family and two-family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted once a primary use has occupied the site. Except as modified by the Saratoga 1't Addition and Saratoga 2°d Addition PUD ordinance, the development shall comply with the requirements of the Mixed Low Density Residential District (R4). b. Permitted Uses The permitted uses in this zone shall be single-family detached and two unit attached dwellings and their accessory uses. C. Lot Requirements and Setbacks Minimum Lot Area - Single -family —10,000 square feet Two unit structure per unit — 6,000 square feet Average Lot area: 12,580 square feet Minimum Dimensions: (Per Unit) Width: 60 feet Depth: 120 feet SCANNED Setbacks: Front: 25 feet Rear: 30 feet Side: 10 feet Hardcover: 30 percent* *Individual lots may exceed the 30 percent hardcover, but the entire project shall maintain 30 percent hard surface coverage. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25"' day of June, 2012, by the City Council of the City of Chanhassen, Minnesota rA -�--C,v A( Todd Gardt, City Manager IL Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) 1] 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen to amend the Saratoga Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Saratoga 1' Addition, except Lots 1 — 3, Block 1, and Saratoga 2"4 Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. SCANNED 3 • 0 b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION Its Chairman 2 c ao 5°y X95 Ei FSS Ga'a n eo £ mn� a� a�5 eta can w 992. E=o a a nT n: 3, i 6 n W O C y 7 � o O n N D m o O d C v Q N =r O in O_ Z T CD ch = ^� W w CCD O O y 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 550 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within South Lotus Lake and South Lotus Lake Second Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: South Lotus Lake and South Lotus Lake Second Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached homes. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the South Lotus Lake and South Lotus Lake Second Addition PUD ordinance, the development shall comply with the requirements of the Single -Family Residential District (RSF). b. Permitted Uses The permitted uses in this zone shall be single-family residential homes and their accessory uses. C. Lot Requirements and Setbacks South Lotus Lake SCANNED Standards Front yard setback 30 feet side yard setback 10 feet Rear setback 30 feet Minimum front lot width at building setback 90 feet Minimum Lot depth 96 feet Minimum lot size 11,700. square feet Hard Surface Coverage 25 % within the Lakeshore overlay district. All others 30% SCANNED 0 Standards Wetland: setback 75 feet Perpetual Conservation Easement Below the 902 Elevation South Lotus Lake Second Addition Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25h day of June, 2012, by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) 2 Standards Front setback 30 feet side yard setback 10 feet Rear setback 30 feet Minimum front lot width at building setback 90 feet Minimum Lot depth 97 feet Minimum lot size 11,700 square feet Hard Surface Coverage 25 % within the Lakeshore overlay district. All others 30% Wetland: setback 75 feet Perpetual Conservation Easement Below the 902 Elevation Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25h day of June, 2012, by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) 2 0 0 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen to amend the South Lotus Lake and South Lotus Lake Second Addition Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: South Lotus Lake and South Lotus Lake Second Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. SCANNED The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. The Planning Commission recommends that the City Council approve the ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. MINNESOTA following zone shall be townhouses and their acces- Sovrh Lara Vllin ' B1'El ae Front etl setback 25 fa« side eN ee0mk N reef Wm «beck NA Mu nem ggajmz.bui d' bink 32 t Minimum la132 h« Minimum Ira elm 11 184 a uem feet HW swims Cov 54% Section S. The zoning map of the City of Chanhassen shall not be republished m show the aforeeaid zonlrt#, but the Clerk shellappropriately mark the zoningmapon the In the Clerk a OlRcefor thepurpose of indicat. ing the rezoninghereinaboveprovlded for in this ordinance, and all of the ne, reference', end other information shown chanson ere hereby 1 mled by reference and made a part of this ordinance. ton 4. This ordinance shall be effective immediately upon Its pasPASSEDe and DAND ADOPTED this25th devof June,2012bythe CityCouncfi of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Furlong, Mawr (Published in the Cbanhaseen Villager on Thursday, July 5, 2012: No. 4666) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein smted as follows: (A) These newspapers have complied with the reqquirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws," amended. (B) Theprinted public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Noh a and stud Notice is hereby incorporated n part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abedefghIlkhnnopgrstuvwxyz Laurie A. Hartmann Subscribed and mom before me on this h day of , 2012 No lic IYMI7EJEANNETTEBARK C z ' PIOTAitY PUBLIC-MINNE90TA $ n"'M'' v MYCnMMISSI0N 6FIgES C1I31113 M.:lt% ..,v., RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 percolumn inch Maximum rete allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 551 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE ary OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within South Lotus Villas to Planned Unit Development - Residential. Section 2. The rezoning of this property incorporates the following development design standards: South Lotus Villas Zoning Standards a. Intent The purpose of this zone is to create a PUD for townhouses. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the South Lotus Villas PUD ordinance, the development shall comply with the requirements of the R-12 - High Density Residential District. b. Permitted Uses The permitted uses in this zone shall be townhouses and their accessory uses. C. Lot Requirements and Setbacks South Lotus Villas �CANN"_, Standards Front yard setback 25 feet side yard setback 10 feet Rear setback NA Minimum front lot width at building setback 32 feet Minimum Lot depth 35 feet Minimum lot size 1,184 square feet Hard Surface Coverage 154% �CANN"_, 0 0 Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25a' day of June, 2012 by the City Council of the City of Chanhassen, Minnesota. Z � JA� - T rhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) `A 0 0 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen to amend the South Lotus Villas Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Medium Density use. 3. The legal description of the property is: South Lotus Villas. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. SCANNED 0 The planning report 92012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION ft Its Chairman rr v+�/rrsAlvl:S NU. 552 AN ORDINANCE AMEND __CHAPTER 20 OF THE BY REZONING CERTAIN PROPERTY CITY OF HANHASSEN CITY COUNCIL OFOR DAINS: Section I. Chapter 20 of the Chanhassen City Code, the Citv's Crown Estates Zoning a. Intent The purpose of this zone is to create a PUD for single-family detached units. The use of the PUD zone is to allow for mora flexible design standards while creating a higher quality and more sensitive Proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancil. Lary uses may be permitted once a Primary use has occupied the site. Except as modified by the Triple Crown Estates PUD ordinance, the D. Permitted Uses Thepermitted uses in this zone shall be single-family detached units and their accessory uses C. Lot Requirements and Setbacks Minimum Lot Area: 11,300 square feet Minimum Width: 70 feet at the building setback line Minimum Depth: 108 feet Minimum setbacks: Front yard: 25 feet Rear yard: 30 feet Side yard: to feet. Hardcover: 30 percent site coverage. Section 3. The zoning map of the Cityof Chanhassen shallnothe republished to show the aforesaid zoning, but the Clerk shall ap- propriately mark the zoning map on file in the Clerk's Office for the PurPoseof indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorpo. rated by reference and made a part of this ordinance. SeCtion41. Thisordinnomshan be effective immediately upon its Passage and publication. PASSED AND ADOPTED this 25th day of June, 2012 by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on Thursday, July 5, 2012; No. 9667) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefg"kWno Laurie A. Hartmann Subscribed and sworn before me on this J�day ofL 2012 61 2. N blit �"� l'��E,iEArii�ETfEBARK i >�•n-` ;vNJt4FYr�8UC-MINNESOTA �- �"'� sn'Ca1d311SSION�I1rESGlPdiil3 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $3110 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter ............................................... 512.59 per column inch SCANNED E E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 552 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Triple Crown Estates to Planned Unit Development - Residential. Section 2. The rezoning of this property incorporates the following development design standards: Triple Crown Estates Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted once a primary use has occupied the site. Except as modified by the Triple Crown Estates PUD ordinance, the development shall comply with the requirements of the Single -Family Residential, RSF, District. b. Permitted Uses The permitted uses in this zone shall be single-family detached units and their accessory uses C. Lot Requirements and Setbacks Minimum Lot Area: 11,300 square feet Minimum Width: 70 feet at the building setback line Minimum Depth: 108 feet Minimum setbacks: Front yard: 25 feet Rear yard: 30 feet Side yard: 10 feet. Hardcover: 30 percent site coverage. SCANNED 0 0 Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25'h day of June, 2012 by the City Council of the City of Chanhassen, Minnesota. = � JAI 'ILA k Todd Gerhardt, City Manager 77iL-4p�71 Thomas A. Furlong, Mayo (Published in the Chanhassen Villager on July 5, 2012) IPW 19 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen to amend the Triple Crown Estates Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential, PUD -R. The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential, PUD -R. 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Triple Crown Estates. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. SCANNED E 0 The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. The Planning Commission recommends that the City Council approve the rezomng. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION BY: Its Chairman CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA • Walnut Grove Zoning Standards a. Intent Tfin nmm�uo M 1Mu Donn la m rn • more 'rne permurea uses m houses and their accessor common areas shall be gar sheds end signage. C. Lot ReaVuhemen The PUD ortlmanes re property lines. The followi OF THE ORDINANCE, the following Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) evelapment Laurie A. Hermann, being duly sworn, on oath says that she is the publisher or the authorized Residential agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- dential Die- lager and has full knowledge of the facts herein stated as follows: Residential to (A) These newspapers have complied with the rcyyuirements constituting qualification as a legal this zone shall be single-family homes, town- newspaper, as provided by Minnesota Statute 33IA.02, 331A.07, and other applicable laws, as Y uses. The type of uses to be provided on amended. ebos, play equipment, picnic and bus shelters, (B) The pprioted public or that is to this and identified as; No. and Setbacks was published on the date intattached ate and dates end in the newspaper stated in the attached Notre en stud aper sat quires setbacks from roadways and exterior to Notice is hereby incorporated as pert this Said notice was cut from the columns of ng table displays those setbacks. 91eae.rae w c%ofAffidavit. the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition esea end publication of the Notice: 30 fen abodefghhkhunopgratu yz 0 ee ]a feet• iouen /' 'pP //j( /lry'bW G���l//i/i1/Vfl-� 0 Mt pe.; o feet Laurie A. Hartmann / Section 3. The zoning may, of the City of Chanhassen shall not be republished to show the aforesaid zoning, but Na Clerk shall appropriately mark the zoning map on Me in the Clerk's Office for the purpose of indiceb Ing the rezoning hereinabove provided for in this ordinance, and all of the relations, references, and other Information shown thereon are hereby incorporated by reference and made a pert of this ordinance. Section 4. This ordinance shall be effective Immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of June, 2012, by the City Council of the City of Chanhassen, Minnesota. Todd Gerhardt, City Manager Thomas A. Farling, Mayor (Published In the Chanhassen Villager on Thursday, July 5, 2012; No. 4088) Subscribed and sworn before me on this day of 4.. d e _ . 2012 :; JYMME JEANNETTE DARK r. n NOTARY PUSUC. MINNESOTA yYN ,.si'�M1 Y COMA4188ION EXPIRES 01/31113 RATE INFORMATION Lowest classified rete paid by commercial users forcompamble space.... 531.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Bate acmally charged for the above mater ............................................... $12.59 per column inch 0 U.1 Z Z a U U 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 553 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Walnut Grove to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: Walnut Grove Zoning Standards a. Intent The purpose of this zone is to create a PUD for mixed density residential homes consisting of 168 townhouses, 44 cottage homes and 35 single-family detached homes for total of 247 units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Walnut Grove PUD ordinance, the development shall comply with the requirements of the RSF, Single -Family Residential District for single-family homes, R-4, Mixed Low Density Residential District for the cottage homes and R-8, Mixed Medium Density Residential for the townhouses. b. Permitted Uses The permitted uses in this zone shall be single-family homes, townhouses and their accessory uses. The type of uses to be provided on common areas shall be gazebos, play equipment, picnic and bus shelters, sheds and signage. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. scan�Nt=� Standards Setbacks: (single-family detached) Front lot line 30 feet Side lot line 10 feet Rear lot line 30 feet scan�Nt=� • 0 *Lots 4 - 17, Block 2, rear setback 25 feet Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of June, 2012, by the City Council of the City of Chanhassen, Minnesota 4"�7 To erhardt, City Manager 1117 L Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) Standards Setbacks: (cottage and townhouses Front lot line 0 feet Side lot line 0 feet Rear lot line 0 feet Hard Surface Coverage 30% over the entire development Lot Requirements: sin e-fam' detached Minimum Lot Size 10,400 Square feet Minimum Lot Width 70 feet Minimum Lot Depth 125 feet Lot Requirements: (cottage homes Minimum Lot Size 3,400 Square feet Minimum Lot Width 47 feet Minimum Lot Depth 78 feet Lot Requirements: townhouses Minimum Lot Size 1,000 Square feet Minimum Lot Width 26 feet Minimum Lot Depth 39 feet *Lots 4 - 17, Block 2, rear setback 25 feet Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of June, 2012, by the City Council of the City of Chanhassen, Minnesota 4"�7 To erhardt, City Manager 1117 L Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of the City of Chanhassen to amend the Walnut Grove Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Medium Density use. 3. The legal description of the property is: Walnut Grove. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. SCANNED 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION ��� Its Chairman 0 9 G. Lots The PUD ( propertyllnes. MINNESOTA ' Affidavit of Publication °im8 Iero Southwest Newspapers City Weatern ns 2nd Addi. following State of Minnesota) )SS. Ttedus of County of Carver ) ,. �._ ..ve.ara nwe eamuon, western Weatern fillle 2nd Addition FUD ordinance, the comply Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the w10rthe requirements of the RSFSingle Fern publisher of the newspapers known as the Chaska Hem d and the Chanhassen Vil- trictPty' lager and has full knowledge of the facts herein stated as follows: tit Uses uses in this zone shall be -single family homes and their (A)Thew newspapers have complied with the requirements constituting qualification as a legal Cements end Setbacks newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. requires setback$ from roadweye and exterior fo0owin table display" B plays those setbacks. (R) The printed public notice that is attached to this Affidavit and identified as No. a d was published on the date or dates and in the newspaper stated in the attached Nonce an std Notice is hereby incorporated as putt of this Affidavit. Said u iw malars t z r notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both rm — s r inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shell app rely mark the zoning map on file in the Clerk's Office lo'e pure app indicab ingtherezoninghereinaboveprovldedforin Nis ordinance, an of iiofthe notations, references, and other Information shown thereon ere hereby incorporated by reference and made a pert of Nis ordinance. Section 4. This ordinance shall be effective immediately upon Its passegeFhSand publics ANDADOPTEDtids 25th davof dune, 20126y the Clty CouncR of the City of Chanhassen. Minnesota. Todd Gerhardt, City Manager (Published In the Chanhassen Villager on Th Thomas A. Furlong, Mayor Be 0.K my 5, 201$ No. abedefghUklmnoPgnm Glw.cI, A Laurie A. Hartmann Subscribed and swom before me on this��day of 2012 N ublic IYMMEJEAN11Z BARK NOTARY PUBLIC MINNESOTA h MY COMMISSION EXPIRES 0IM1113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space..., $31.20 per column Inch Maximum rete allowed bylaw forthe above matter.. ............................... $31.20 per column inch Rate actually charged for the above matter ............................................... S 12.59 per column inch 0 W Z Z 0 v CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 554 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Western Hills Addition, Western Hills First Addition and Western Hills 2'd Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: Western Hills Zoning Standards a. Intent The purpose of this zone is to create a PUD Western Hills Addition, Western Hills First Addition and Western Hills 2"d Addition. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Western Hills Addition, Western Hills First Addition and Western Hills 2'd Addition PUD ordinance, the development shall comply with the requirements of the RSF-Single Family Residential District. b. Permitted Uses The permitted uses in this zone shall be -single family homes and their accessory uses. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Western Hills Setbacks: Standards Front yard Setback 25 feet Front yard Setback on all lots in Block 1 20 feet Gaza a Side Lot Line 5 feet House side 10 feet Rear Lot Line 30 feet Hard Surface Coverage 30 3CANNEG 0 Setbacks: Standards Lot Requirements: 25 feet Minimum Lot Size 10,400 Square feet Minimum Lot Width 80 feet at building setback Minimum Lot Depth 125 feet Western Hills First Addition and Western Hills 2°d Addition Setbacks: Standards Front yard Setback 25 feet Front yard Setback on cul de sac 20 feet Side Lot Line 10 feet Rear Lot Line 30 feet Hard Surface Coverage 30% Lot Requirements: Minimum Lot Size 10,800 Square feet Minimum Lot Width 90 feet at building setback Minimum Lot Depth 125 feet Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25th day of June, 2012 by the City Council of the City of Chanhassen, Minnesota. o Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) !- 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen to amend the Western Hills Addition, Western Hills First Addition and Western Hills 2"d Addition Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Western Hills, Western Hills First Addition and Western Hills 2"d Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. SCANNED 3 0 i 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION BY: Its Chairman F OCCRANMSSEN CARVER AND HITY OF CH COUNTIES, hINNE50TA ORDMANCE NO. Sets • • AN ORDINANCE AbIENDING CIIAFWR M OFTI3E CTIANHASSRN CITY CODE, TRR CrIn'S ZONING ORDIUNCE, agent of the publisber ofthe mwspapers knoxW n as e Chaska Hmld and fla, asrnWl- BYREZONINGCERTAap PROPER,, TRE CEI, CAUNCfL OF THE CITY OF CHAN ,,,,,, ORDA W a: lager and has fall kmwkdgc of ds f. hcrtin sated az follows: Seetion 1. Chapter W of We Chanhaaw, Cit Code, the Citya jam Ing mrdWance, is hereby motioned by 3 ]5 25 reaming all property wtWtp W PmRAW, W �Ri dge gid Addition and eALowRidge Sed Addition to amad opment-ResidennaL (A1 Tinea mwspapss Moe complied with the reyuimmmts corutituling9�i6ea400azalegm Seer., he yesormg a this property moargerntes We tattooing dm,lmpment Tdesign.atmtlams: a slailayn as pmvidd by Mimesda Stains 331A 02. 331A.0], and dho applioble hw, u wiDowRida, WillowRidge and Addition and yAHiyand, and Addi nn2 nl g Sta and 6 ]5 25 intent The Affidavit of Publication purpose of doeam flIsibded♦Lm amesPUD stands TheazeCr WePUDwne,aWaLmwfmmmre it-ep design ds creating a higher Southwest Newspapers 9naiiry and mare sernsitive pepppsal. Tim Tim TUD eg Unit s demonchale ahigher9uaDtN NaOceu herebyeefpoateJ upan ofWUABdavit Said mlicc ova Mhom tls mbtmvs of simdard� mdsite°deent InwRidge, WIlowRjnge 2nd Addition and WWoeltidge3rd AdditionM 0c newspaper sped Printed below l a copy of the lower eau alpMbn from A o Z, both ordinance, the development stall wage, yet,, mregoimamals m Oce State of Minnesota) RSF. Single Family Residential DamtritL b- PermittedUsys )S. S. The permitted uses W Wim ore shall M single.faoay home and dy iraresssn'uus. counTy of Carver ) Lot fipmiaoenuadre WacRs Tic PING ordksmrequires setMdm ft. roadways and a#cite 4 90 0 - - lawie A Harmnmun. being duly soman. on mW aays thm she is Up, Publishw Wd er e andami Slaadada agent of the publisber ofthe mwspapers knoxW n as e Chaska Hmld and fla, asrnWl- SMaeb: lager and has fall kmwkdgc of ds f. hcrtin sated az follows: FnMlaLiss 25 fal 3 ]5 25 SMrlaL"me let. (A1 Tinea mwspapss Moe complied with the reyuimmmts corutituling9�i6ea400azalegm Rin la La 3p fm a slailayn as pmvidd by Mimesda Stains 331A 02. 331A.0], and dho applioble hw, u Wdad: Basad butt xthrk Ste xetlad limn table 6 ]5 25 2 (B) The prmtd public otic, Nat is anactsd ro WUAfbdavit and Nemifid az Noo-�(e '%Q Had S.rfam Cov>age 25 %'vtlh SbweWd Dimino was Wblishd on Wedanc or Jata toed in We ncwsppapccr staid in We atachcd Ngifevdad 30X mofShoreMd Dimin NaOceu herebyeefpoateJ upan ofWUABdavit Said mlicc ova Mhom tls mbtmvs of Lest R nurneeb 0c newspaper sped Printed below l a copy of the lower eau alpMbn from A o Z, both blamed. led Se 14000 fm.— am and is b) inchnivn Noun wldgM asbeina We kind and siu°frype audio tlswmposiuo" Minim on Lm WiaW 90 len and pubinaion oft Mmimtun Lm lesfm abcdefghijklmrtopgrsmvwga 3 4 90 0 3 W <Aaafm. wd..a cpm M.a Table 3 - AM, k, S t�J 3 f N.4 25 Lauri A Ilammm� Bbck [ut WeWst Beller Baser StripSeWack(fee0 2 1 So 1s 2 2 ]5 25 2 3 ]5 25 2 4 ]5 25 2 5 u ss 2 6 ]5 25 2 ] ]5 25 2 a 75 ss 2 9 ]5 25 2 10 10 10 3 1 b 10 3 2 b 10 3 3 45 10 3 4 90 0 3 5 40 10 3 - 6' : " NA 25 3 f N.4 25 6 45 10 3 9 AS 10 5 0 100 NA 3 11 ]5 p l 12 )5 25 3 13 9p p 3 19 ]5 NA welnrAlage lsa.Addl WeW.d Comp9a.ce T" Bbck Imt Wnland Buffer Setback feet Bwaer Strip 2 4 ]5 25 2 5 65 B 2 6 ]5 25 3 I 40 10 3 2 60 25 3 3 65 20 3 4 50 IS Santon3 TTe zonWg maP o[We CiV mCMnhasaen dull not be admid'shed m show We of seadid waing, not the Clerk abod appropri� ately, mark the caning map on We in We Clerk's Me, rw the pargag, a indirating We meaning hereieubove p,,,,,,, n. in this ordinate,, aM all of the notations, refenm se, and oWw imormomm.hown Uwrmn are hereby Incorporated by referenre and made a part of this oNisanrea Sestion 4. Thu od nmm, shall be effective immediately neon its passage and publiemom PASSED AND ADOPTED Wu Min day m Mae, Ad by Wes City Count m the Ciy or CbaMaseen, Minn. Todd GerMrdt, City Marmger ,Published to We Chanhassen Yduger en TIOom A. Fwiong, Mayor KI01 aradaR MY 5,1012; No. S ibseribd end swum Waste me on this 5'' aeyd2012 dnlMME JEAN!�ffE BARK NOTARf KliLC-WMWTA ,.. k,CC,ipSSgN D3YBG1(J1113 RATE INFORMATION Lowest elassifid uee paid byre ommul mays f reanpambk space.... 53120 pamh®iah Nisonaum rate diewd by 6w fwtbc above Marts_. ..............____...._. S31.20pacol®i eh Rue achWhcMrgeafs OsaMve nmtis......_..___— _.._.............. ___.11239 psmlumoideh SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 555 AN ORDINANCE AMENDING CHAP'T'ER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within WillowRidge, WillowRidge 2id Addition and WillowRidge 3`d Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: WillowRidge, WillowRidge 2"d Addition and WillowRidge P Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached homes. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. 'Be PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the WillowRidge, WillowRidge 2"d Addition and WillowRidge 3`d Addition PUD ordinance, the development shall comply with the requirements of the RSF, Single Family Residential District. b. Permitted Uses The permitted uses in this zone shall be single-family homes and their accessory uses. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. SCANNED Standards Setbacks: Front Lot Line 25 feet Side Lot Line 10 feet Rear Lot Line 30 feet Wetland: Buffer and buffer setback See wetland com Bance table SCANNED Hard Surface Coverage 25 % in the Shoreland District or 30% out of Shoreland District Lot Requirements: Wetland Buffer Setback (feet) Minimum Lot Size 14,000 Square feet minimum Minimum Lot Width 80 feet Minimum Lot Depth 125 feet Will owRidge Addition Wetland Compliance Table Block Lot Wetland Buffer Setback (feet) Buffer Strip 2 1 50 15 2 2 75 25 2 3 75 25 2 4 75 25 2 5 75 25 2 6 75 25 2 7 75 25 2 8 75 25 2 9 75 25 2 10 10 10 3 1 40 10 3 2 40 10 3 3 45 10 3 4 40 10 3 5 40 10 3 6 NA 25 3 7 NA 25 3 8 45 10 3 9 45 10 3 ]0 100 NA 3 11 75 20 3 12 75 25 3 13 90 20 3 14 75 NA 0 0 WillowRidge 2nd Addition Wetland Compliance Table Block Lot Wetland Buffer Setback feet gaffer Strip 2 4 75 25 2 5 65 25 2 6 75 25 3 1 40 10 3 2 60 25 3 3 65 20 3 4 50 15 Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 25h day of June 2012 b the Ci C '1 f th C' Chanhassen innesota To er ardt, City Manager y ty ounce o e qty of A i; Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on July 5, 2012) 0 0 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen to amend the WillowRidge, WillowRidge 2"d Addition and WillowRidge 3`d Addition Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential, PUD -R. 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: WillowRidge, WillowRidge 2nd Addition and WillowRidge 3`d Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. SCANNED E 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. Cy:/_�►�f:/[.Y. ►Y�171/:\�I�f1►LeZK�]Tf�i6SICIM BY.- s airman 2 Chanhassen City Council — June 25, 2012 Councilman Laufenburger: I'd be happy to. Mr. Mayor 1 move that the Chanhassen City Council approves the amendment to the Conditional Use Permit for the Lakeside Beachlot to add canoe racks and adoption of the attached Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: I'll second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City Council approves the amendment to the Conditional Use Permit #2006-26 for the Lakeside Beachlot to add up to four canoe racks and adoption of the attached Planning Commission Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 4 to 0. RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) AMENDMENTS: REOUEST TO AMEND THE FOLLOWING RESIDENTIAL PLANNED UNIT DEVELOPMENTS: MISSION HILLS (WITH REZONING TO RSF), SARATOGA ADDITION, SOUTH LOTUS LAKE, SOUTH LOTUS VILLAS, TRIPLE CROWN ESTATES, WALNUT GROVE, WESTERN HILLS, AND WILLOWRIDGE. APPLICANT: CITY OF CHANHASSEN. Kate Aanenson: Thank you Mayor for reading all those for me. This group three as you just indicated has 7 different neighborhoods so we had a neighborhood meeting on May 8th at the Chan Rec Center. We had 20 people in attendance and the meeting notices we explained showed how to get to the City's website and provide additional information. At all of our meetings we've been having a laptop there. We're showing people how to go to the County's website to get additional information. Showing our residents information that we have on our website for, if they want other information of what's going on in the City so it's been a great opportunity to meet with our residents and also they enjoy, we have aerial photos of each neighborhood so 1 think they've really enjoyed looking at their neighborhood and kind of seeing what's going on so that's been a real positive thing to do. So again as we stated before it's not our intent to up zone any property at this time. It's really just to provide the codification and get that underlying zoning district. Having said that, these are the neighborhoods that we've done. In your packet there's a lot of information on the Mission Hills development and at the Planning Commission the property owners, the Klingelhutz's representing Mission Hills, the commercial piece is all part of that PUD. We put a lot of information in that and some of it kind of got beyond what we believe was the scope of the rezoning part, specifically access onto 101. At the time that they negotiated with MnDOT that was, the City had jurisdiction over 101. Now the County does so we put some of that background in there. In working with their attorney we agreed that we would go to the new PUD standards which we hadn't done in any rezonings because that did give them some relief, specifically again some of the noise walls but that PUD standard said that they would have to bring in a project for you as a council to go beyond that. They wanted some agreement on that. Obviously we can't make that recommendation without the project in front of the council and I recommended against that and advised their attorney that maybe the best thing to do is just not to change anything at this point and that we can address that at a future date so that's what we did so I did hand out to the council the original PUD. There are a few minor changes but nothing affecting really the commercial piece, and I'll go through those in a minute. So the Mission Hills itself, as you can see there's the condominiums. A couple different products within the Mission Hills. Some single family and the condominium projects itself so there's Mission Hills Lane, Mission Hills Drive, Mission Hills Way. Again this would be the commercial piece right in here that we're talking about that we're leaving out of the rezoning. It's all into one PUD as far as making significant changes that were requested and that goes back to the flexibility that we put into the PUD SCANNED • • Chanhassen City Council — June 25, 2012 standards. We had much greater setbacks but we're not going to address it at this time. We're going to wait til that project comes forward. So again the request on this was to rezone the 7 acres of detached single family home and that PUD to RSF. They meet all the standards of the Residential Single Family zoning district. Again it makes it easier for homeowners then to navigate what they need to do when they want an addition or selling their property and the 16 homes there. And then the Mission Hills lot requirement for the rest of the condominium association. We've got a minimum lot of 2,100 square feet of lot width. That's again over time we know that these are the least flexible product as far as change. People in single family homes are the ones that are adding on, additional garages, screen porches, those sort of things. These products are the types of units are the least amount that would change so they're kind of within that building envelope. So the standards that are in this, again we left. They wanted some of that flexibility so we're not changing any of the standards in the commercial part so the PUD buffer ordinance is in place here. And then the two changes that we are recommending, and this makes it consistent. This would apply to the commercial piece and that's regarding LED fixtures. We had specific language on that. And the only other change that we are recommending in the commercial one is one that stated that if there's a question as an interim use would be permitted and that's in the current kind of list that we put together for that neighborhood district. Again this is before we had the BN that said you could go to the planning director and really the interpretation it should be the Planning Commission and then ultimately the City Council so we are going to strike that language. Other than that we're leaving that BN district as when it came back in a number of years ago and they can renegotiate. Anybody can apply to amend a PUD at anytime so now it's onerous on them to come back and with a project and ask for some relief and we would address it at that time. So with that we are recommending approval of the Mission Hills PUD. I think if it's okay with you Mayor then we've got one motion at the end so that's probably the most complex one there as far as. Mayor Furlong: Do you want questions for that now? Kate Aanenson: Sure. Mayor Furlong: If there are any. I don't know that there are. Kate Aanenson: If you have any, that'd be fine. Thank you. Mayor Furlong: Any questions on Mission Hills? Councilman Laufenburger: I do Mr. Mayor. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: There was a, Kate very thorough in the information provided on the discussion around Mission Hills. The decision to do this PUD amendment at this time, this in no way precludes the owner of that Outlot E from applying for rezoning or re, yeah rezoning that property in the future, is that correct? Kate Aanenson: Yeah, that's a great question. Yes, any resident can ask for rezoning at any time and they can go through the process. Councilman Laufenburger: And specifically their request related to setbacks off of 101 and also the sound barrier, we're not changing those setbacks at this time, is that correct? Kate Aanenson: That's correct. Chanhassen City Council — June 25, 2012 Councilman Laufenburger: Okay. But if they were to make a case with a project we would be able to consider changing those setbacks at some point in the future. Kate Aanenson: That's correct and in full disclosure we showed what we gave on the other projects based on their use. Now this setting is a little bit different. When this item came before the Planning Commission there were residents that lived in Mission Hills that had some concern. We've had some uses that want to go there and the traffic counts are an issue, and this is a little bit closer to residential than those other ones so those would all be factors that we would take into consideration but you're right, it doesn't preclude it. It would be project based. Councilman Laufenburger: Okay, and the same thing is true with a turn in and a turn out which is on 101. Kate Aanenson: That's correct. Councilman Laufenburger: That potentially could be modified at some point in the future. Kate Aanenson: Absolutely. Yep, and whatever the County would agree to based on what the traffic model is. That's a separate discussion. Councilman Laufenburger: Would you say the property owner has a clear picture, a clear understanding of that? Kate Aanenson: Yes and no. 1 think their attorney certainly does and is advising them maybe just to wait until they have a project. They'd probably have a better chance is what we said too. Councilman Laufenburger: Okay. Kate Aanenson: Because they wanted to go beyond the ordinance which was what we were reluctant to do and 1 think their city attorney, who's represented them through the condemnation or the acquisition of the right-in/right-out so he has a pretty good understanding of the process. Councilman Laufenburger: Okay, thank you Kate. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions on Mission Hills? Okay. Let's continue on with the other ones then and we'll deal with all of them in a single motion without objection. Kate Aanenson: Sure, yep. The Saratoga is a low density. The underlying zoning district on this would be R4. It's interesting in this area they got some of these subdivisions outlots got platted without using a continuous name although it's often the same developer so this is the Saratoga 1st and 2"d Additions. Again if you, maybe we didn't talk about this too much but it used to be anytime you did more than 25 lots it had to be a PUD so that's kind of the history of all these older subdivisions and getting PUD's. So this is the existing neighborhood. This is what we found in the neighborhood meetings is very popular for our residents to take a look at when we've got a big map of these. So there's 20 single family units and 2 twinhomes up in that neighborhood so the single families are 10,000 square feet and the twinhomes are at 6,000 so the average is 12,500. So with that they meet the criteria of the R-4 and that's what we're recommending. Again 10 on the sides, which is typical. A little bit shorter front yard. Typical rear yard and 30% in hard cover. So with that if there's any questions on that one? Mayor Furlong: Any questions on Saratoga? Hearing no, okay Chanhassen City Council — J•25, 2012 Kate Aanenson: South Lotus Lake is a residential single family would be the underlying zoning district. Again this is within the shoreland district. I'm not sure if 1 said how many lots were in there. There's 40 single family lots. The minimum lot size is 11,700. They meet the standard lot width and lot depth is a little bit shorter. So the PUD would be our standard 30 in the front, 30 in the rear, 10 on the sides. Again because they are, those lots that fall within the shoreland district are at 25. The rest is at 30%. There are some wetland setbacks and those are identified. Again those are the things that we often get when people are transferring property and want to add on so we've got that information at our fingertips. What the elevation was set with that specific project and we're maintaining that because they were built to that line and it'd be difficult to try to change that. So with that, that was that one. if there's any questions. Mayor Furlong: Hearing none. Okay. Kate Aanenson: South Lotus Villas. Those are an attached project and that was done in 1989 so the underlying zoning district on that would be the R-12 and these are the units here right along Highway 101 and the entrance to South Shore. There's one 6 unit townhouse and one 8 unit townhouse so the minimum lot size on that would be 1,184 square feet and again that's your building envelope so we put the compliance table in there. Again these are products that we don't see additions or there isn't any room to do anything else on these properties so with that, that would be South Lotus Villas. Are there any questions on that one? Mayor Furlong: Questions. Okay. Kate Aanenson: Triple Crown Estates was done in 1985. The underlying zoning district for that would be our standard residential single family district. Again it's on Kerber Boulevard. There's 56 single family residential units. The minimum lot size there is 11,300 and these are a little bit narrower as far as their width. The 70 feet and the depth is 108. So the front setback is 25 again with the narrower width. A little bit shorter lot. 10 on the sides and 30 in the rear and 30% site coverage. So again that would be the RSF would be the underlying district. Any questions on that one? Mayor Furlong: No. Okay. Kate Aanenson: Walnut Grove, there's actually three different areas in here. That was done in 1996 and so there was actually some single family units, some twins and some row houses, kind of single loaded within that development. So you can see the different product here. The single family homes. Kind of the single loaded and then the back to back townhouses within that development. So the single family, excuse me there are 168 townhomes, 44 cottage homes and 35 single family homes. The single family homes the minimum lot size is 10,400, the cottage homes is 3,400 square feet and the townhomes are the 1,000 so the minimum lot width again is smaller and not as deep on those so there's standards for each of the three different product. Again under pinning the three different zoning districts. Again we haven't had too many remodels that need variances up in that neighborhood. I think we, based on the product type that they are able to accommodate what they would like to do up there so with that I'd be happy to answer any questions you have on that one. Mayor Furlong: Any questions on Walnut Grove? No? Okay. Kate Aanenson: Western Hills. Again we're back in the kind of core downtown area. This one was done in 1979. This is one of the oldest ones that we did. Again right up here on Laredo, Cimarron, Del Rio. There's some really interesting lot lines here. Back then when we pulled permits we found out that there wasn't a lot of inspections on where they fell within the setback line so we had some nice meetings with neighbors who you know well I always thought it was right, the lot line was on the fence post and so we had very good meetings up there and all very neighborly. So within that one there's 88 single family lots. Chanhassen City Council —June 25, 2012 • The Western Hills First and 2"d are a little bit different. The minimum lot size on Western Hills is 10,400 and on the First and 2"a which is interesting that you have Western Hills and Western Hills First and 2na Normally you don't label them that way that's how they got recorded so the lot sizes are just slightly bigger. There's 80 foot width on the First Western Hills so those are really narrow lots and if you go out there you would be able to tell that but now that the trees have filled in, those are just great, great core neighborhoods down there and so they've got, both of them have the 25%. The garages back there are actually 5 and 10. On the Western Hills, the oldest one, or the First one and then the 2"a, the First and the 2"a there's 10 feet, which is our more standard so again when you do a variance on those sometimes you have to look at which side is the 5 so they want to have 15 foot separation so we look at those but so there's actually two standards that we're under pinning there so any questions on that one? Mayor Furlong: Questions? No? Okay. Kate Aanenson: Okay, just a couple more. WillowRidge. '91. There's actually three additions there. Right off of Lake Lucy Road. This one has wetlands and it's also in the shoreland district. So there's 38 single family homes. Minimum lot size is 14,000. 1 just want to backup on this fora second. Back then when these subdivisions were done, while the lots appear large, the lot lines go out into the wetland so we always have to advise people, we don't do this anymore. We haven't done this for a number of years but back then they were done that way so while people think they have a 14,000 square foot lot, the buildable area is significantly less. So they're always, or sometimes disappointed when they want to do an addition and they really don't have any additional room so that's some of the things we've communicated when we had the open houses. So a little bit narrower minimum lot and because of the shoreland district, depending on where you are, they have different standards for that and there's also on this one, it's in your ordinance but they have different setbacks depending on where you are within the wetland so again we got that information and I think that was helpful. We had these, all the ordinances there and people were able to look it up online and we also have, at some of the meetings emailed people their lot survey and given them, say it may not be accurate but as the date that this was pulled so the residents have appreciated getting that information. So with that if there's no questions. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Kate you said at the neighborhood meeting there was, I'm not sure what word did you use the word confusion about lot size or? Kate Aanenson: I think, no. I think when they think they had that much lot and not all of it's buildable and you can't, you have a setback from the edge of the high water mark so while their lot may be 14,000, the buildable area is significantly less than that. Councilman Laufenburger: Where does that confusion begin do you think? Kate Aanenson: Well, they look at the area and they have I've got, my lot says I've got. Councilman Laufenburger: I've got a third of an acre, 1 should be able to build on it right? Kate Aanenson: Correct. Right, exactly. Exactly, yeah. So that's why we don't do it anymore and also for the City if we have to get in and maintain a pond then we have to work through 30 people to get approval to go in and clean out a pond is another reason why we don't do it. Councilman Laufenburger: Okay. In this case the wetland area, is that in ourjurisdiction or is that considered DNR? Ll 0 0 Chanhassen City Council — June 25, 2012 Kate Aanenson: No. No, but sometimes it goes within a stormwater pond or sometimes we do wetland, we might do a stormwater outlet or something like that so sometimes we do have to get in stormwater or wetlands even. Councilman Laufenburger: Okay, got it. Okay. Thank you. Mayor Furlong: Well wetland in this situation 1 think the wetland is all assigned to someone's private property. Kate Aanenson: Correct. Correct. Mayor Furlong: And the lots go all the way out. Kate Aanenson: Right and if we want to fix an outlet then sometimes, and then we'd have to work with all the property owners so, and you'll see this in some other ones we've got coming forward in the next go around so. Councilman Laufenburger: Okay. Kate Aanenson: So it's just a good opportunity for us to communicate that you know. How we work through those situations and 1 explained that to the residents. Councilman Laufenburger: Okay, thank you. Kate Aanenson: So is that the last one? Yes that was. That was the last one so we are recommending approval with all the underlying ordinances that you have with the corrections for the Mission Hills, the commercial piece. Leaving it the way it is with just the two corrections on the LED lights and that the planning director doesn't make the interpretation. So with that we are recommending approval of those PUD's. Mayor Furlong: And again question just for clarification on Mission Hills. It is only the commercial piece that is not changing at all. The other ones are being rezoned consistent with. Kate Aanenson: Correct, except there was two little, the LED lights and then just the strike for the planning director's interpretation for uses. Mayor Furlong: Alright. Any other questions? Just before we move on, a favor to ask and it's strictly just administrative as we prepare the packet. If we have multiple groups like this, if we can have the, whoever prepares the packet put bookmarks at each of the staff reports just so it's, just sub -bookmarks underneath that if possible. Kate Aanenson: Yeah Mayor Furlong: It'll save our carpal tunnel going back and forth. Kate Aanenson: Yeah, agreed. Mayor Furlong: Just a minor question. If there's any other discussion or if there is no discussion, would somebody be interested in making a motion? Councilwoman Ernst: Mayor, I'll make a motion. Chanhassen City Council — June 25, 2012 is Mayor Furlong: Councilwoman Ernst Councilwoman Ernst: I make a motion that the Chanhassen City Council approve the ordinances amending the following Planned Unit Developments: Mission Hills with rezoning to RSF for Blocks 2 and 3, Saratoga Addition, South Lotus Lake, South Lotus Villas, Triple Crown Estates, Walnut Grove, Western Hills, and WillowRidge and adopt the Planning Commission Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the Chanhassen City Council approve the ordinances amending the following Planned Unit Developments: Mission Hills with rezoning to RSF for Blocks 2 and 3, Saratoga Addition, South Lotus Lake, South Lotus Villas, Triple Crown Estates, Walnut Grove, Western Hills, and WillowRidge and adopt the Planning Commission Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 4to0. COUNCIL PRESENTATIONS: Mayor Furlong: Any council presentations this evening? Councilman Laufenburger: I have just a couple Mr. Mayor. I'm pleased that the Chanhassen Red Birds are having a very good season and not only do we have a game on the 0 of July but we have two games after that that I want to draw attention to. On Saturday, July 7d' we will have a game that draws employees from both the City of Victoria and also from the City of Chanhassen to Storm Red Bird Stadium. That's Saturday evening and we will be honored by having a pitch thrown by both Mayor Furlong as well as Mayor Hershberger Thun from Victoria. The Red Birds are hosting the Victoria V ics that night so it should be a fun day. Also Sunday, July 8d' is Senior Citizen and Red Bird Alumni day at Storm Red Birds Stadium so we expect to have a nice crowd there. And then lastly on part of the 4'h of July celebration, I don't think this was mentioned, there will be a Twins clinic on July 3`d and that will be a clinic held at Storm Red Birds Stadium put on by the Minnesota Twins and their youth baseball program so, and that's a free clinic for all the residents of Chanhassen and the surroundinpl and it's always been a fun thing for kids to participate in so three days. July 3rd and then the 7b and the 8' , the games at Red Birds Stadium. Thanks Mr. Mayor. Mayor Furlong: Sounds good, thank you. Other council presentations? Any other presentations this evening? Okay. Let's move to administrative presentations. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Mr. Mayor, council members, just a couple of things. One that the public should be aware of that our July 91h regular City Council meeting has been cancelled due to lack of agenda items. The second item is for those individuals that want to get an update on our construction projects, they should go to the City's website. Some of the projects are a little behind due to the wet weather we've had but the contractors have assured us that they'll get back on schedule as drier weather comes down the line. Second item, in the consent agenda just wanted to make sure the council was aware that we did 12 CITY OF CAANBASSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.2271180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.221.1110 Park 8 Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 25, 2012 SUBJ: Request to Amend Planned Unit Development — Residential (PUD -R) Planning Case #2012-04-3 "The Chanhassen City Council approves the ordinances amending the following Planned Unit developments: • Mission Hills (with rezoning to RSF for Blocks 2 and 3) • Saratoga Addition • South Lotus Lake • South Lotus Villas • Triple Crown Estates • Walnut Grove • Western Hills • WillowRidge and adopt the Planning Commission Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY Planning & The Ci is requesting an amendment to the Planned Unit Development — Residential Natural Resources t3' q g P Phone: 952.227.1130 (PUD -R) zoning on the properties to incorporate the unique development standards Fax: 952.227.1110 for each individual project as well as referencing an underlying standard zoning district in the zoning ordinance. The City references an underlying standard zoning Public works district to address issues that are not covered within the specific PUD -R zoning of the 7901 Park Place property. For the single-family homes within Mission Hills, staff is recommending that Phone: 952.227.1300 they be rezoned to Single -Family Residential District (RSF). Fax: 952.227.1310 Senior Center PLANNING COMMISSION SUMMARY Phone: 952.227.1125 Fax: 952.227.1110 The Planning Commission held a public hearing on June 5, 2012 to review the proposed rezonings. The Planning Commission voted six for and none against a motion Web Site recommending approval of the rezonings. The Planning Commission further directed www.ci.chanhassen.mn.us that staff look at the setback and access issues for the Mission Hills commercial property, whose owner was present at the public hearing requesting a reduction in the street setbacks and a change in the list of permitted uses. SCANNED Chanhassen is a Community for Lite - Providing for Today and Planning for Tomorrow 0 6 Todd Gerhardt Residential PUD Amendments — Group 3 June 25, 2012 Page 2 Setback: Mr. Klingelhutz requested a setback similar to Crossroads of Chanhassen located southwest of Highways 101 and 212. At the time of the approval for these developments, the Planned Unit Development section of the City Code required a 50 -foot setback from arterial and collector roads. When staff was reviewing the design with the developer of Crossroads, staff directed the applicant to design the development to complement the layout and design of SouthWest Village, located east of Highway 101. SouthWest Village was granted a variance to allow buildings to maintain a 20 -foot setback from the exterior property line to provide an urban edge to the public realm and to act as a barrier for the parking lots within the development. That same concept applied to Crossroads of Chanhassen. The main reason behind the variance request was for design purposes, to reflect an urban retail development and to complement the SouthWest Village development located east of Crossroads of Chanhassen. If Mission Hills were to develop as a neighborhood commercial area with an urban edge, staff would encourage the applicant to apply for a reduced setback. This issue about setback was addressed as part of Ordinance 474 on October 13, 2008, when the City amended the PUD standards as follows: "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" (Section 20- 505 (f)). The setback issue then becomes one of appropriate setback for the type of project and should be determined at the time of development approval. Staff has revised the ordinance to delete the setback standards included in the Mission Hills PUD for the commercial area and cite Section 20-505, which permits the city to determine the required setback at the time of development review. Access: The primary access for the Mission Hills neighborhood commercial parcel will be from West 861' Street. As part of the right-of-way acquisition, the property owner believes he has retained access onto Highway 101. Staff understands that the property has retained a farm access to the property. Carver County has sent the city an email and copy of the acquisition document. This document maintains a 60 -foot wide access to Highway 101 from the site. The existing access on the roadway would indicate that a right-inhight-out access was contemplated for this location. At the time of development review, it will be up to Carver County to determine the appropriate access to the property. Uses: The property owner of the commercial property was concerned that churches were listed as interim uses in the Neighborhood Business District standards. In response to this issue, staff has added that churches are a permitted use in the commercial area of the development. Staff has modified the Planning Commission staff report for this item to show these changes. Additionally, staff has deleted the phrase "If there is a question as to whether or not a use meets this 0 0 Todd Gerhardt Residential PUD Amendments — Group 3 June 25, 2012 Page 3 definition, the Planning Director shall make this interpretation". If there is a disagreement in the appropriateness of a use, the Board of Appeals and Adjustments shall make the interpretation. RECOMMENDATION Staff recommends approval of the ordinances rezoning the Planned Unit Developments for Mission Hills, Saratoga Addition, South Lotus Lake, South Lotus Villas, Triple Crown Estates, Walnut Grove, Western Hills and W illowRidge, and the rezoning of Blocks 2 and 3, Mission Hills to Single -Family Residential District (RSF). ATTACHMENT 1. Email from Bill Weckman to Bob Generous dated June 15, 2012. 2. Access Location for Outlot E, Mission Hills. 3. Trustee Deed recorded February 12, 2002. 4. Memo from Kate Aanenson to Mike Klingelhutz/ 5. Planning Commission Staff Reporst (8) dated June 5, 2012. g:\plan\2012 planning cases\2012-04 residential pud amendments\group 3 -june 5, 2012 public hearing\executive summary.doc Generous, Bob From: Bill Weckman [bweckman@co.carver. mn.us] Sent: Friday, June 15, 2012 7:40 AM To: Generous, Bob Subject: County Road 101 - Klingelhutz Access - Outlot E Attachments: A308045.pdf; J12013.pdf, 20120612093956651.pdf Bob — In response to your question about access to Outlot E of the Mission Hills Plat owned by Klingelhutz Farms LLC: In 2002, the Aloysius and Mary Jane Klingelhutz Trust conveyed to Mn/DOT access control to 212 and 101 from Outlot E with the exception of a 60 -foot access opening to 101. The document (see attached) does not indicate whether it is full access or something more restrictive. In the 2011 aerial photography (see attachment), it appears that a curb cut and apron are located at the access opening along the easterly curb of northbound 101. There does not appear to be a curb cut at that same location along the concrete median between the northbound and southbound lanes. That would appear to indicate that the type of access that Mn/DOT intended to allow was a right -in/ right -out access only. It is my understanding that the access onto CR 101 is presently being used as an agricultural field access. If Outlot E is developed with a more intensive land use than agricultural, Carver County would prefer that the direct access onto CR 101 be removed and access to the new development be onto 861h Street. If the right-in/right-out access were to remain, a right turn lane will need to be constructed for this access. From the aerial photography, it would appear that construction a right turn lane will require removal, relocation, and reconstruction of some curb and gutter and trail sections. If you have any questions regarding this information, feel free to contact me. Thank you. Bill Weckman, P.E. Carver County Public Works 952.466.5207 952.466.5223 (fax) Email - bweckmanCa@co.carver.mn.us "The unauthorized disclosure or interception of e-mail is a federal crime. See 18 U.S.C. SEC. 2517(4). This e-mail is intended only for the use of those whom it is addressed and may contain information which is privileged. confidential and exempt from disclosure under the law. If you have received this e-mail in error. do not distribute or copy it. Return it immediately to the sender with attachments, if any, and notify the sender by telephone." r \ u o 01 05 ;�N N I , < Lkoo k co e s r " 25.5300400 F , i fx ,$ f/,3 6 • 0 DOCUMENT CO -N' 'T -v 'PAGE (Reserved for Cm - Document No. OFFICE OF THE A308045 COUNTY RECORDER IIIVIII IIIIIIIIIIIIIIIIII ng ee.$20.00OO VER COUNTY, F Certrfied filed and recorded on 02-12-2002 at 04.00 [=AM;2-PM 02-11,02 IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII Carl CountY Recorder r DOCUIVIENT TITLE: DOCUMENT DATE: NAiMM: CARVER COUNTY RECORDER/REGISTRAR OF T1 EES hof Pio# a s', s 300 0 Nod aM r edged: CerMfcam d 4WE= VaWe ( ) wo ( ) Not Reeuired CRN r 4967 �. a- ,20Oa MgRK�UNDGREN, Ca9jer County Auditor 8y Gu ,— Deputy 0 0 Na 3S� y y DOptl Tnx hery 0f$ /��%p ,l/3 nma Irce lL awy 20�i C.wa+Gxuny'rreeawer u,c:,uvaem Fee Pdtl TRUSTEE DEED STATE DEED TAX DUE HEREON: $28&1-3 &1-3 C.S. 1017 (212=12) 902 Parcel 70 Date:Few .arvt 8 0�7 County of Carver For and inconsideration of the sum of Two Mi 7 i i nn nne N rmdrea sixty—six ThousandOne Hundred Ninety -One -----00/100 Dollars($ 2,166 191. 00 ), Aloysius H. Klingelhutz and Mary Jane Klingelhutz, of Carver County, Minnesota, as trustees of the Aloysius H. Klingelhutz and Mary Jane Klingelhutz Trust Agreement dated April 25, 1991, Grantors, hereby convey and quitclaim to the State of Minnesota, Grantee, real property in Carver County, Minnesota, described as follows: All of Tracts A and B described below: Tract A. The south 233.0 feet of that part of Government Lot 3 of Section 13, Township 116 North, Range 23 West, Carver County, Minnesota, lying easterly of the southeasterly right of way line of Trunk Highway No. 101 as now located and established; excepting therefrom that part platted as MISSION HILLS, according to the plat thereof on file and of record in the office of the County Recorder in and for said Carver County; Tract B. The Northeast Quarter of the Northwest Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota; excepting therefrom that part platted as MISSION HILLS, according to the plat thereof on file and of record in the office of the County Recorder in and for said Carver County; also excepting therefrom that part thereof lying southerly of the following described line: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 24; thence run southerly on an assumed azimuth of 179 degrees 47 minutes 23 seconds along the east line thereof for 1036.08 feet to the point of beginning of the line to be described; thence on an azimuth of 257 degrees 17 minutes 54 seconds for 245.70 feet; thence on an azimuth of 231 degrees 12 minutes 11 seconds for 500 feet and there terminating; together with that part of Tract C described below: Tract C. The north 660 feet of the West Hall of the Northwest Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota; excepting therefrom that part thereof contained within the following described tract: Commencing at the northwest comer of said Section 24; thence east along the north line of said Section 24 for 338.00 feet to the point of beginning of the tract to be described; thence deflect to the right 63 degrees 53 minutes 00 seconds for 131.85 feet, more or less, to the center line of Trunk Highway No. 101 as now located and established; thence northerly along said center line for 220.4 feet, more or less, to its intersection with said north line; thence west along said north line for 242.3 feet, more or less, to the point of beginning; also excepting therefrom that part platted as MISSION HILLS, according to the plat thereof on file and of record in the office of the County Recorder in and for said Carver County; Page 1 of 3 0 0 Tract D. Outlot E, MISSION HILLS, according to the plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota; which lies easterly of Line 1 described below: Line 1. Commencing at the northwest corner of said Section 24; thence run easterly on an assumed azimuth of 90 degrees 40 minutes 27 seconds along the north line thereof for 702.06 feel to the point of beginning of Line 1 to be described; thence run southerly 506.78 feet on a non-tangential curve, concave to the east, having a radius of 981.46 feet, a delta angle of 29 degrees 35 minutes 06 minutes and a chord azimuth of 194 degrees 46 minutes 10 seconds; thence on an azimuth of 179 degrees 58 minutes 37 seconds for 142.44 feet; thence run southwesterly 200.17 feet on a non-tangential curve, concave to the southeast, having a radius of 330.00 feet, a delta angle of 34 degrees 45 minutes 16 seconds and a chord azimuth of 245 degrees 39 minutes 35 seconds and there terminating; together with that part of Tract D hereinbefore described, which lies westerly of Line 2 described below: Line 2. Commencing at the point of beginning of Line 1 described above; thence on an azimuth of 37 degrees 42 minutes 07 seconds for 277.94 feet; thence on an azimuth of 45 degrees 50 minutes 30 seconds for 323.26 feet; thence on an azimuth of 136 degrees 25 minutes 42 seconds for 200.01 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 225 degrees 50 minutes 31 seconds for 321.21 feet; thence deflect to the left on a tangential curve, having a radius of 781.48 feet and a delta angle of 45 degrees 51 minutes 50 seconds for 625.56 feet; thence on an azimuth of 179 degrees 58 minutes 38 seconds for 62.54 feet, more or less, to its intersection with the south line of Outlot E, said MISSION HILLS and there terminating; containing 25.36 acres, more or less together with all right of access, being the right of ingress to and egress from that part of the! Northeast Quarter of the Northwest Quarter of said Section 24, lying immediately adjacent to and southerly of Tract B hereinbefore described, to Trunk Highway No. 212; also all right of access from that part of Tracts C and D hereinbefore described, not acquired herein, to Trunk Highways Numbered 101 and 212; except that access shall be permitted along Line 2 described above between points distant 400 feet and 460 feet southwesterly of its point of 43egionitLgr together with all hereditaments and appurtenances belonging thereto. Grantors covenant and represent that: (1) This Deed conveys after-acquired title; and (2) Grantors have not made, done, executed or suffered any act or thing whereby the above- described property or any part thereof, now or at any time hereafter, shall or may be Imperiled, charged or Incumbered in any manner, and Grantors will warrant the title to the above-described property against all persons claiming the same from or through Grantor as a result of any such act or thing. Page 2 of 3 • Check box if applicable: @ The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 'F(ill// i7if6i xa-lt4 1i q ana M ne Klingelhutz, a s trustees the Aloysius H. Klingelhutz and Mary Jane Klingelhutz Trust Agreement dated April 25, 1991 STATE OF MINNESOTA ) ) ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this � day of t 44 VU.1 a6D by Aloysius H. Klingelhutz and Mary Jane Klingelhutz, as trustees of the Aloysius H. Klingelhutz and Mary Jane Klingelhutz Trust Agreement dated April 25, 1991. TERENCE J, DAVERN y � expir NOrAgY -MINNESOTA �+i carve E,�,rma+.zoos NOTARY PUBL My Commission Expires: V ....3[j oZesa This instrument was drafted by the State of Minnesota, Department of Transportation, Legal and Real Estate Conveyance Unit, St. Paul, Minnssrta 55155 Page 3 of 3 Send tax statements to Grantee: State of Minnesota Department of Transportation Mailstop 631 (DP) 395 John Ireland Blvd St Paul MN 55155 • Mike, i I have reviewed the two other PUDS in close proximity to the Mission Hill site as well as the current PUD standards. The current PUD ordinance allows less than the existing setback of 50 feet from the 101 and 212 Right of Way. Building and parking setbacks from public streets shall be determined by the city based on characteristics of the specific PUD. If the development of the Mission Hills Outlot is anything but residential the current PUD 50 foot buffer yard is still required adjacent to the industrial/ residential. What I would propose to do is amend the Mission Hills PUD to allow for the setback flexibility as stated in the current PUD ordinance. The lesser setback would be determined on the characteristics of the specific proposal. As far as the church being an interim use in the BN district, I would suggest that we add in the Mission Hills PUD that it shall comply with the BN (Neighborhood Business District) except that churches are a permitted use. This would be consistent with your current PUD. Let me know if you have any questions. Otherwise I will amend the recommendation going to the City Council. Kate Chanhassen Gateway Boundary Building/ Parking Setbacks feet Lyman Boulevard 20/20 Highway 101 North of Highway 312 50/50 Highway 101 South of Highway 312 20/20 Highway 312 50/50 Northerly Project Property Line 50/20 Westerly Project Property Line 50/20 Internal Project property lines 0/0 Internal Right -of -Way Crossroads Boulevard) 20/20 Hard Surface Coverage -Residential 50% Commercial and Office Hard Surface Coverage 70% Maximum Commercial (Retail) Building/Structure Height 1 story Maximum Office Building/Structure Height 2 stories Maximum Residential Building/Structure Height 35 or 3 stories, whichever is less 0 0 Southwest Village Boundary Building and Parking Setback Lyman Boulevard 10 feet Highway 101 20 feet Highway 212 excluding transit shelters and rams 20 feet Easterly Project Propert) Line 100 Feet Internal Project property lines 0 Feet Hard Surface Coverage 50% Commercial and Transit Facility Hard Surface Coverage 70% Maximum Residential Building/Structure Height 35 feet or 3 stories, whichever is less Maximum Commercial Building/Structure Height I story Maximum Park -and -Ride Ramp excluding the elevator shaft and stair well 35 feet or 3 stories, whichever is less Mission Hills City of Chanhassen City Code CHAPTER 20 - ZONING ARTICLE VIII. - PLANNED UNIT DEVELOPMENT DISTRICT DIVISION l.—GENERALLY 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, Residential Commercial Street Commercial Residential Parking Parking Building Setback Building Setback Setback Setback Hwy. 101 50' 50' 20' 35' Hwy. 212 50' 50' 20' 35' West 86th Street 50' 30' 20' 35' City of Chanhassen City Code CHAPTER 20 - ZONING ARTICLE VIII. - PLANNED UNIT DEVELOPMENT DISTRICT DIVISION l.—GENERALLY 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, 0 0 the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance standards. (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 he 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 Low or medium density residential High density residential Office Commercial (neighborhood or community) Commercial (regional) Industrial Mixed use Hard Surface Coverage (%) l 30 50 • E Individual lots within PUD may exceed these standards as long as the average meets these standards. (f) Building and parking setbacks from public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a PUD. Where industrial uses abut developed platted or planned single-family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan and chapter 20, article XXV, of the Chanhassen City Code. (g) More than one building may be placed on one platted or recorded lot in a PUD. (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. 0) 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. 0 0 [i] MEMORANDUM TO: Planning Commission CITY OF nn um a nnmT FROM: Bob Generous, Senior Planner 7700 Market Boulevard 2012 DATE: June 5, OP+,e PO Box 147 SUBJ: Planned Unit Development — Residential, Planning Case #2012-04 Chanhassen, MN 55317 standards for the property. It is important to reference the underlying standard zoning district so Phone: 952.227.1300 Staff brought this issue to the Planning Commission on June 21, 2011, September 6, 2011 and Administration January 3, 2012. The following discoveries were made after researching the different ordinances: Phone: 952.227.1100 may otherwise not he addressed. Fax: 952.227.1110 • The more recent ordinances may omit language that ties the standards to the rest of the City Phone: 952.227.1125 Code. Building Inspections • The PUD subdivisions created in the 1980s and early 1990s reference the Design Standards Phone: 952.227.1180 as part of the Development Contract or approved development plan, rather than with the Fax: 952.227.1190 adoption of the Design Standards in the PUD Ordinance. Engineering • During the 1970s, any Residential Single -Family development exceeding 25 lots was Phone: 952,227.1160 required to be processed as a Planned Residential Development, even if the development Fax: 952.2271170 complied with all requirements of the standard zoning regulations. Finance The City has prepared ordinances for each development that incorporates a reference to an Phone: 952.227.1140 underlying standard zoning district to address issues that are not covered within the unique PUD Fax: 952.2271110 standards for the property. It is important to reference the underlying standard zoning district so Phone: 952.227.1300 as to incorporate additional City requirements that are located within other portions of the code Park & Recreation such as home occupations, accessory structures, driveway design and parking standards, etc. that Phone: 952.227.1120 may otherwise not he addressed. Fax: 952.227.1110 attended the open house. Additionally, staff received numerous phone calls and email Phone: 952.227.1125 In researching the PUDs, staff has discovered that some houses or sites may not meet the Recreation Center standards of the development. If there are any structures that are non -conforming, then they will 2310 Coulter Boulevard be "grandfathered in". It is not our intent to bring everyone into compliance. We are trying to Phone: 952.227.1400 clarify and codify the standards. Nor are we trying to up -zone any of the properties. if someone Fax: 952.227.1404 does any further alterations or additions, we will work with them at that time. Planning & Natural Resources Staff held a neighborhood meeting on May borhd in 8, 2012 at the Chanhassen Recreation Center to y Phone: 952.227.1130 discuss the proposed changes with residents of the following subdivisions: Fax: 952.227.1110 www.ci.chanhassen.mn.us ATTACHMENTS 1. Staff Reports (8) dated June 5, 2012 for Planning Case #2012-04 (Group 3). g planQ012 planning enesN12-04 residential pud amendments\group 3-june 5.2012 public heanng.pc cover memo -doe Chanhassen is a Community for Lite -Providing for Today and Planning for Tomorrow a. Mission Hills (with Rezoning to RSF) e. Triple Crown Estates Public Works b. Saratoga Addition f. Walnut Grove 7901 Park Place c. South Lotus Lake g. Western Hills Phone: 952.227.1300 d. South Lotus Villas h. WillowRidge Fax: 952.227.1310 Approximately 1,000 cards were sent out to affected residents. Staff estimates that 20 people Senior Center attended the open house. Additionally, staff received numerous phone calls and email Phone: 952.227.1125 requests for information regarding the change. Many individuals were directed to the City's Fax:952.2271110 web page at www.ci.chanhassen.mn.us/serv/plan/12-04.html to view additional information and follow the process. Web Site www.ci.chanhassen.mn.us ATTACHMENTS 1. Staff Reports (8) dated June 5, 2012 for Planning Case #2012-04 (Group 3). g planQ012 planning enesN12-04 residential pud amendments\group 3-june 5.2012 public heanng.pc cover memo -doe Chanhassen is a Community for Lite -Providing for Today and Planning for Tomorrow 0 CITY OF CHANHASSEN PROPOSED MOTION: PC D*: June 5, 2012 CC DATE: June 25, 2012 REVIEW DEADLINE: NA CASE #: 2012-04 BY: REG The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential and Planned Unit Development to incorporate the development standards for Mission Hills and approve the attached ordinance rezoning Blocks 2 and 3, Mission Hills from PUD -R to RSF; and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential (PUD -R) and Planned Unit Development (PUD) zoning on the property to incorporate additional standards for the development, and rezoning the single-family detached portion of the project from Planned Unit Development — Residential (PUD -R) to Single -Family Residential (RSF). LOCATION: Highway 101 and West 86" Street APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 PRESENT ZONING: Planned Unit Development — Residential (PUD -R) and Planned Unit Development (PUD) 2020 LAND USE PLAN: Mixed Use, Residential Low Density and Residential Medium Density. ACREAGE: 37.8 net acres DENSITY: net: SF — 2.24, MF — 7.1 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. F1a 0 0 Planning Commission Mission Hills PUD Amendments and Rezoning June 5, 2012 Page 2 of 8 APPLICABLE REGULATIONS Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. BACKGROUND PUD #93-04, Mission Hills consists of 194 townhouse units, 16 single-family detached houses and a neighborhood commercial area. October 24, 1994 City approves the second reading of the PUD rezoning, final plat for Mission Hills, Block 1 with 19 multi -family lots to contain 138 units and 2 outlots, Block 2 for 7 single- family lots and Block 3 for 9 single-family lots; final plat of Mission Hills 2"d Addition (#94-5 Sub) Block 4 for 56 multi -family lots to contain 56 units and one Outlot; and Site Plan Review #94-5 for the multi -family units. July 11, 1994 City rezones property from RSF to Planned Unit Development, Residential and Neighborhood Commercial, preliminary plat and site plan review for mixed high-density dwelling units. Mission Hills i Planning Commission Mission Hills PUD Amendments and Rezoning June 5, 2012 Page 3 of 8 The City is requesting to rezone approximately seven acres from PUD -R to Single -Family Residential District (RSF) and amending the existing Planned Unit Development -Residential (PUD -R) and Planned Unit Development (PUD), to incorporate the unique development standards and referencing the R-8, Mixed Medium Density Residential District for the townhouse development, and the BN, Neighborhood Business District for the commercial portion of the development. The single-family portion of the development consists of 16 homes, which comply with the requirements of the RSF district. The PUD -R project consists of 194 units incorporating 31 structures. The commercial portion of the development is vacant and requires site plan review and final platting prior to development. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is to allow for a mix of housing types and to permit residential and commercial uses. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a fiill range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. • The City will encourage the development of neighborhood service centers where appropriate. These may be developed as a part of a mixed-use development or a PUD. Development of unplanned and strip commercial centers shall be discouraged. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life -cycle. 0 0 Planning Commission Mission Hills PUD Amendments and Rezoning June 5, 2012 Page 4 of 8 • Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. The property owner of Outlot E, Mission Hills requested that we reference the Highway and Business Services (BH) District for the commercial property to expand the type of uses permitted on the site. At this time, staff is only trying to codify the Planned Unit Developments according to what is in place now. With this amendment, staff is trying to clarify the term "neighborhood commercial' use by referencing the Neighbor Business (BN) District regulations. As can be seen by the list of uses within the two districts below, the BH district would permit more auto - oriented uses, than in a neighborhood business district. Any up -zoning of the PUD would be more appropriate at the time of development review for that property, rather than in conjunction with the current amendment process. "BN" NEIGHBORHOOD BUSINESS DISTRICT Sec. 20-692. - Permitted uses. The following uses are permitted in a "BN" District: (1) Antennas as regulated by article XXX of this chapter. (2) Community center. (3) Convenience stores without gas pumps. (4) Day care center. (5) Health services. (6) Home fiunishings. () Offices. (8) Personal services. (9) Private clubs and lodges. (10) Shopping center. (11) Small appliance repair shop. (12) Specialty retail shop. (13) Utility services. (14) Veterinary clinics. Sec. 20-693. - Permitted accessory uses. The following are permitted accessory uses in a'BN" District: (1) Parking lots. (2) Reserved. (3) Signs. (4) Temporary outdoor sales (subject to the requirements of Section 20-312). Sec. 20-694. - Conditional uses. The following are conditional uses in a "BN' District: (1) Bed and breakfast establishments. (2) Convenience store with gas pumps. (3) Drive-in banks including automated kiosks. (4) Fast food restaurants without a drive-through as part of a shopping center. (5) Motor fuel station. • 0 Planning Commission Mission Hills PUD Amendments and Rezoning June 5, 2012 Page 5 of 8 (6) Reserved. (7) Standard restaurants. Sec. 20-696. - Interim uses. The following are interim uses in the "BN' district: (1) Churches. (2) Reserved. "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-712. - Permitted uses. The following uses are permitted in a "BH" district: (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast-food restaurant. (7) Financial institutions with/or without drive-through services. (8) Funeral homes. (9) Health services. (10) Liquor stores. (11) Miniature golf (12) Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. (17) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) Utility services. Sec. 20-713. - Permitted accessory uses. The following are permitted accessory uses in a 'BH" district: (1) Signs. (2) Parking lots. (3) Temporary outdoor sales (subject to the requirements of Section 20-312). Sec. 20-714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. (4) Emission control testing stations. (5) Garden centers. (6) Motor fuel stations. Planning Commission Mission Hills PUD Amendments and Rezoning June 5, 2012 Page 6 of 8 (7) Outdoor storage. (8) Reserved. (9) Small vehicle sales. (10) Supermarkets. (11) Towers as regulated by article XXX of this chapter. Sec. 20-716. - Interim uses. The following are interim uses in the "BH" district: (1) Churches. (2) Reserved. (3) Farmers markets. Additionally, the property owner of Outlot E has requested that the setback requirements be revised from Highway 212 from 35 feet for parking and 50 feet for the building, to 10 feet for both; and from Highway 101 from 35 feet for parking and 50 feet for the building, to 15 feet and 25 feet, respectively. Without a specific plan to determine the appropriateness of the setbacks, it is premature to make the change. If at the time of development review it is determined that different setback requirements are necessary to achieve the vision for a neighborhood commercial use, then the standards can be amended. Staff is proposing the following development standards govern the development of the property. Amend the zoning standards section to reference City Code and add interior lot line setbacks, minimum lot requirements based on the actual platting of the lots and permit the use of LED lighting. Mission Hills Zoning Standards a. Intent The purpose of this zone is to create a PUD neighborhood commercial/mixed density housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. Except as modified by the Mission Hills standards below, the mixed density housing development shall comply with the requirements of the R-8, Mixed Medium Density District and the single family detmehed housing shall comply with the RSF, Single Family Residential Dis Except as modified by the Mission Hills standards below, the commercial development shall comply with the Neighborhood Business District, BN. c. Setbacks In the PUD standards, the building setback for commercial is 50 feet from any public right-of- way. The commercial parking setback shall be 35 feet from any Public Right -of -Way and/ or interior property line. There shall be a buffer separating the residential portion from the commercial portion of the site. This buffer shall be in the form of a berm and landscaping. 0 Planning Commission Mission Hills PUD Amendments and Rezoning June 5, 2012 Page 7 of 8 The following setbacks shall be observed: Street Hwy. 101 Hwy. 212 West 86th Street Commercial Building Setback 50' 50' 50' Residential Building Setback 50' 50' 30' Interior Lot Lines O'(from commercial) 0' 50'(from residential) d. Development Standards Tabulation Box Minimum Lot Size multi -family units: 0 Residential Commercial Parking Parking Setback Setback 20' 35' 20' 35' 20' 35' 0' O'(from commercial) 35' (from residential Mission Hills: As approved on October 24,1994 in the Plat of Mission Hills; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9th Supplemental filed April 10,1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10th Supplemental filed April 10,1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 11'h Supplemental filed May 7,1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8,12'h Supplemental filed May 20,1996; Mission Hills 2°d Addition: Area: 2,100 square feet Width: 46 feet Depth: 47 feet h. Lighting 1. All light fixtures shall be shielded high pressure sodium or LED fixtures. Light level for site lighting shall be no more than''/2 candle at the property line. This does not apply to street lighting. The maximum height of a residential street light shall not exceed 15 feet. Light fixtures within the outlot shall not exceed 25 feet. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. 3. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. The outlot light poles shall be corten, shoe box light standards. Planning Commission Mission Hills PUD Amendments and Rezoning June 5, 2012 Page 8 of 8 Staff is recommending that the single-family lots on Mission Hills Lane and Mission Hills Court be rezoned to Single -Family Residential District, RSF. These lots comply with the RSF district regulations as to size and setback. RECOMMENDATION Staff recommends that the Planning Commission approve the rezoning ordinance for the single- family homes and the Mission Hills PUD ordinance, and adoption of the attached findings of fact and recommendation. ATTACHMENTS 1. Mission Hills PUD Ordinance. 2. Ordinance Rezoning Blocks 2 and 3, Mission Hills to RSF. 3. Findings of Fact and Recommendation. 4. Reduced Copy Plats: Mission Hills and Mission Hills 2nd Addition. 5. BN District Regulations. 6. BH District Regulations. 7. Letter from Lindquist & Vennum dated May 21, 2012. 8. Letter from Lindquist & Vennum dated May 29, 2012. gAplan\2012 planning casest2012-04 residential pud a mendments\group 3 - june 5, 2012 public hearing\mission hillslstaff report mission hills.doc 0 0 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Mission Hills except Blocks 2, 3 and Outlot E, Mission Hills, Mission Hills 2"d Addition and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9h" Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 10th Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 11th Supplemental filed May 7,1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12th Supplemental filed May 20, 1996 to Planned Unit Development — Residential; and Chapter 20 of the Chanhassen City Code, the City s zoning ordinance, is hereby amended by rezoning Outlot E, Mission Hills to Planned Unit Development. Section 2. The rezoning of this property incorporates the following development design standards: Mission Hills Zoning Standards a. Intent The purpose of this zone is to create a PUD neighborhood commercial/mixed density housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each structure proposed for development shall proceed through site plan review based on the development standards outlined below. Except as modified by the Mission Hills standards below, the mixed density housing development shall comply with the requirements of the R-8, Mixed Medium Density District. Except as modified by the Mission Hills standards below, the commercial development shall comply with the Neighborhood Business District, BN. b. Permitted Uses The permitted uses within the neighborhood commercial zone should be limited to appropriate commercial and service uses consistent with the neighborhood. The uses shall be limited to those as defined herein. if them is a question as to whether- er not a use meets the definition, the The type of uses to be provided on this outlot shall be low intensity neighborhood oriented retail and service establishments to meet daily needs of residents. Such uses may include small to medium sized restaurant (no drive-thru windows), office, day care, neighborhood scale commercial, convenience store, churches, or other similar type and scale uses. Churches are a permitted use in the commercial area of this district. 0 0 C. Setbacks In the PUD standards, the building setback for commercial is 50 feet from any public right-of- way. The commercial parking setback shall be 35 feet from any public right-of-way and/ or interior property line. There shall be a buffer separating the residential portion from the commercial portion of the site. This buffer shall be in the form of a berm and landscaping. The following setbacks shall be observed: Residential Commercial Street Commercial Residential Parking Parking Building SetbackBuilding Setback Setback Setback' Highway 101 3o 50' 20' 35' Highway 212 30 50' 20' 35' West 86" Street 30 30' 20' 35' Interior Lot Lines 01( from commercial) 0' 0' O'(from 50'(from residential) commercial) 35' (from Residential) * Setbacks shall be established pursuant to section 20-505 of the Chanhassen City Code. d. Development Standards Tabulation Box Minimum Lot Size multi -family units: Mission Hills: As approved on October 24, 1994 in the Plat of Mission Hills; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9d' Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 101 Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 11 th Supplemental filed May 7, 1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12th Supplemental filed May 20, 1996; Mission Hills 2nd Addition: Area: 2,100 square feet Width: 46 feet Depth: 47 feet BLOCK USE Net Lot Density Hard Area Surface Coverage Outlot Commercial 7.72 acres 1 138 Multi -Family units 18.00 acres 7.66 37% 4 56 Multi -Family units I101A., Skeet and eourt 8.92 acres 1.17 aems 6.28 43.2% West 86th St Right of Way Zig aem 2 All materials shall be of high quality and durable. Masonry material shall be used. Color shall be introduced through colored block or panels. 2. Brick may be used and must be approved to assure uniformity. 3. Block shall have a weathered face or be polished, fluted, or broken face. 4. Concrete may be poured in place, tilt -up or pre -cast, and shall be finished in stone, textured or coated. 5. Metal standing seam siding will not be approved except as support material to one of the above materials or curtain wall on office components. 6. All accessory structures shall be designed to be compatible with the primary structure. 7. All roof mounted equipment shall be screened by pitched roofs. Wood screen fences are prohibited. Screening shall consist of compatible materials. 8. All buildings on the Outlot shall have a pitched roof line. 9. All mechanical equipment shall be screened with material compatible to the building. RESIDENTIAL. Building exterior material shall be a combination of prepainted 5" aluminum siding and brick. 2. Arched transoms and soffit returns shall be used over the entries of the one story units and horizontal transom windows over the 2 story windows. Introduce some variation among the buildings through the shape of windows, adding louvers, shifting entry ways, and adding dormers. 3. Colors used shall be earth tones such as soft gray, creamy white, pearl gray, shell white, etc.). 4. Each unit shall have a minimum of 1 overstory tree within its front yard. 5. All units shall have access onto an interior street and not 86th Street. e. Site Landscaping and Screening The planting plans prepared for the site are intended to create a strong sense of street tree plantings using overstory deciduous trees such as Summit Ash, Linden, and Sugar Maple. Highways 101 and 212 will be buffered with a combination of overstory evergreen trees and ornamental deciduous trees. The outdoor private living areas will be buffered with the use of evergreen trees. The wetland will be highlighted with the introduction of native wetland species. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. Berms of 2 to 3 feet high shall be added along the Highway 101 and 212 right-of-way. These berms shall be seeded and/or sodded and bushes and trees shall be planted on them. All disturbed areas within the single family lots shall be seeded and/or sodded. Two trees with a minimum of a 2%z inch caliper shall be planted within the front yard setback. These two trees shall consist of one overstory evergreen tree and one ornamental deciduous tree. I. All open spaces and non -parking lot surfaces (outlot) shall be landscaped, or covered with plantings and/or lawn material. 2. Outdoor storage is prohibited. 3. Loading areas shall be screened from public right-of-ways. Wing wall may be required where deemed appropriate. 4. The Outlot shall be seeded and maintained in a weed free condition in all areas proposed for future development. E Signage COMMERCIAL One monument sign shall be permitted for the outlot and one monument sign for the residential section of the PUD. 1. All businesses built within the outlot shall share one monument sign. Monument signage shall be subject to the monument standards in the sign ordinance. 2. Wall signs are permitted on no more that 2 street frontages. The total of each wall mounted sign display areas shall not exceed (24 square feet). 3. All signs require a separate permit. 4. The signage will have consistency throughout the development and shall tie the building materials to be consistent with the signs. Signs shall be an architectural feature, they shall not be solely mounted on a pole of a foundation. 5. Consistency in signage shall relate to color, size, materials, and heights. 6. No illuminated signs within the outlot may be viewed from the residential section of the PUD. 7. Only back -lit individual letter signs are permitted. 4 8. Individual letters may not exceed 3 feet in height. 9. Only the name and logo of the business occupying the unit will be permitted on the sign. RESIDENTIAL One monument identification sign shall be permitted for the residential development. The sign may not exceed 24 square feet in area and 5 feet in height. g. Lighting All light fixtures shall be shielded high pressure sodium or LED fixtures. Light level for site lighting shall be no more than 'h foot candle at the property line. This does not apply to street lighting. The maximum height of a residential street light shall not exceed 15 feet. Light fixtures within the outlot shall not exceed 25 feet. 2. Glare, whether direct or reflected, as differentiated from general illumination shall not be visible beyond the limits of the site from which it originates. Lights shall be on a photoelectric cell to turn them on and off automatically as activated by yearly conditions. 4. The outlot light poles shall be corten, shoe box light standards. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 20_, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on g:\plan\2012 planning cases\2012-04 residential pud amendmentAgroup 3 - jwe 5, 2012 public hemingMission hills4nission hills pud standards ordinance.doc CITY OF CHAN14ASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning from Planned Unit Development - Residential (PUD -R) to Single - Family Residential (RSF), all those lands within Blocks 2 and 3, Mission Hills. Section 2. The rezoning of this property is subject to all conditions of City Council approval. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this _ day of 2012. ATTEST: Todd Gerhard, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on g:\plan\2012 planning cases\2012-04 residential pud amendments\group I - april 17, 2012 public hewing\mission hills\mwning blocks 2 & 3 to mf.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of the City of Chanhassen for rezoning to Planned Unit Development — Residential (PUD -R) and Planned Unit Development (PUD), and Single -Family Residential (RSF) Districts. To Planned Unit Development -Residential (PUD -R): All property within Mission Hills except Blocks 2, 3 and Outlot E, Mission Hills; Mission Hills 2"d Addition and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9d' Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, IO h Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, l Ph Supplemental filed May 7, 1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12d' Supplemental filed May 20, 1996. To Planned Unit Development (PUD): Outlot E, Mission Hills. To Single Family Residential (RSF): Blocks 2 and 3, Mission Hills On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of the City of Chanhassen for amending the Planned Unit Development zoning of the property to incorporate references to the Chanhassen City Code and minimum lot standards and to rezone the single-family detached housing to Residential Single - Family. The Planning Commission conducted a public hearing on the proposed rezonings preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential and Planned Unit Development. 2. The property is guided in the Land Use Plan for Residential Low Density, Residential Medium Density and Mixed Use uses. 0 r The legal description of the property is: Mission Hills; Mission Hills 2"d Addition; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 9`h Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, l Od' Supplemental filed April 10, 1996; Mission Hills Villas, A Condominium, Common Interest Community No. 8, 11 d' Supplemental filed May 7,1996; and Mission Hills Villas, A Condominium, Common Interest Community No. 8, 12'h Supplemental filed May 20, 1996. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan by implementing the land use and housing goals of the city. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezonings. 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L. 5452.9'E _,_ F�£ ______- 452.95 - s. wy a/•.^, 'e Ory+.I n' yl � � � I t l I N . n I ., S�27a• 74•` 484.87 _______ �.z____ �`e`Y .._ Va+`� �12-70 Yt__.2 p . uw. _ 0 sefi '66' W _ '•r"14 Umrs: •rfi /�� / �d. �----_'.^�,. „'� �! moi{ ¢p$ j _ _ � l �, p L � `y Q ` • _-__ 32 w. ___�•B_17 s /'11��1 liluij a tl` �` 'L .:�,�,x� y.o"%'�i�`.y : °0_ ._ 61 658.66 • _ s 62'1+06 w fl 2t9L66 4- MY06' Gr; 6041A M FwY I YO • A Ye eDiPw.n. emu - of n r I.aM r'nl a Ye • PIONS rye' SHEET 2 a 6 51 • I • I 0 x� N S ¢ 3 I19.MW 5 3 19. t SI LZ'68L - £Z'ZB '. 6 a. —� W i ^61 �� 4 i zN 9_i✓Nl i®g�/ _' N'�fP _{Vjjii]]m ICa I - "li - ^iii L X11 fj v M LA1.Z,Z000 5 !I ,i= I PN it Uq Al 0 00- e 19A H w .y_ti _L IPP yyZs I; 1�I DO BrBSZ M 19,M q N I s 9 Municode • • Page 1 of 3 Chanhassen, Minnesota, Code of Ordinances >> - CITY CODE >> Chapter 20 - ZONING >> ARTICLE XVI. - "BN" NEIGHBORHOOD BUSINESS DISTRICT >> ARTICLE XVI. - "BN" NEIGHBORHOOD BUSINESS DISTRICT Sec. 20-691. - Intent. Sec. 20-692. - Permitted uses. Sec. 20-693 - Permitted accessory uses Sec. 20-694. - Conditional uses. Sec 20-695 - Lot requirements and setbacks Sec. 20-696. - Interim uses. Secs. 20-697-20-710. - Reserved. Sec. 20-691. - Intent. The intent of the "BN" District is to provide for limited low intensity neighborhood retail and service establishments to meet daily needs of residents. (Ord. No. 80, Art. V, § 10(5-10-1), 12-15-86) Sec. 20-692. - Permitted uses. The following uses are permitted in a "BN" District: (1) Antennas as regulated by article XXX of this chapter. (2) Community center. (3) Convenience stores without gas pumps. (4) Day care center. (5) Health services. (6) Home furnishings. (7) Offices. (8) Personal services. (9) Private clubs and lodges. (10) Shopping center. (11) Small appliance repair shop. (12) Specialty retail shop. (13) Utility services. (14) Veterinary clinics. (Ord. No. 80, Art. V, § 10(510-2), 12-15-86, Ord. No. 377, § 94, 5-24-04) Sec. 20-693. - Permitted accessory uses. The following are permitted accessory uses in a "BW District: (1) Parking lots. http://library.municode.com/print.aspx?clientID=14048&HTMRequest=http%3a%2f%2fli... 5/25/2012 Municode • • Page 2 of 3 (2) Reserved. (3) Signs. (4) Temporary outdoor sales (subject to the requirements of section 20-312). (Ord. No. 80, Art. V, § 10(510-3), 12-15-86; Ord. No. 243, § 3, 2-13-95, Ord. No. 240, § 20, 7-24-95; Ord. No. 377, § 95, 5-24-04) Sec. 20-694. - Conditional uses. The following are conditional uses in a "BN" District: (1) Bed and breakfast establishments. (2) Convenience store with gas pumps. (3) Drive-in banks including automated kiosks. (4) Fast food restaurants without a drive-through as part of a shopping center. (5) Motor fuel station. (6) Reserved. (7) Standard restaurants. (Ord. No. 80, Art. V, § 10(510-4), 12-15-86, Ord. No. 116, § 5, 1-22-90; Ord. No. 120, § 4(7), 2-12-90; Ord. No. 277, § 1, 1-26-9$ Ord. No. 377, § 96, 524-04) State law reference— Conditional uses, M.S. § 462.3595. Sec. 20-695. - Lot requirements and setbacks. The following minimum requirements shall be observed in a "BN" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is three acres. This section may be waived in the case of expansion to an existing district. (2) The minimum lot area is 15,000 square feet. (3) The minimum lot frontage is 75 feet, except that lots fronting on a cul-de-sac shall have a minimum frontage of 60 feet in all districts. (4) The minimum lot depth is 150 feet. (5) The maximum lot coverage including all structures and paved surfaces is 65 percent. (6) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in chapter 20, article XXV, division 3, pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. C. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of- way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that 100 -percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to http://library.municode.com/print.aspx?clientID=14048&HTMRequest=http%3a%2f%2fli... 5/25/2012 Municode • . Page 3 of 3 trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, two stories when it abuts a residential district without being separated by a street, and three stories with a maximum height of 35 feet when separated by a street. b. For accessory structures, one story. ($) Minimum setback requirements: a. For front yards, 35 feet. b. For rear yards, 30 feet. C. For side yards, 15 feet. d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of- way. e. Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Orta. No. 80, Art. V, § 10(510-5), 12-15-86; Ord. No. 94, §§ 1, 2, 7-25-88; Ord. No. 136, §§ IA, I8, 1-28-91; Ord. No. 451, § 3, 529-07; Ord. No. 474, §§ 9, 10, 10-13-08) Sec. 20-696. - Interim uses. The following are interim uses in the "BN" district: (1) Churches. (2) Reserved. (Ord. No. 120, § 3, 2-12-90; Ord. No. 243, § 4, 2-13-95) Secs. 20-697-20-710. - Reserved. http://library.municode.com/print.aspx?clientID=14048&HTMRequest=http%3a%2f%2fli... 5/25/2012 Municode • • Page 1 of 4 Chanhassen, Minnesota, Code of Ordinances >> - CITY CODE >> Chanter 20 - ZONING >> ARTICLE XVII. -'BH" HIGHWAY AND BUSINESS SERVICES DISTRICT >> ARTICLE XVII. - "BH" HIGHWAY AND BUSINESS SERVICES DISTRICT Sec. 20-711. - Intent. Sec. 20-712. - Permitted uses. Sec. 20-713 - Permitted accessory uses Sec. 20-714. - Conditional uses. Sec. 20-715. - Lot requirements and setbacks Sec. 20-716. - Interim uses. Secs. 20-717-20-730. - Reserved. Sec. 20-711. - Intent. The intent of the "BH" district is to provide for highway oriented commercial development restricted to a low building profile. (Ord. No. 80, Art. V, § 11(511-1), 12-15-86) Sec. 20-712. - Permitted uses. The following uses are permitted in a "BH" district (1) Antennas as regulated by article XXX of this chapter. (2) Car wash. (3) Community center. (4) Convenience stores without gas pumps. (5) Day care center. (6) Fast-food restaurant. (7) Financial institutions with/or without drive-through services. (8) Funeral homes. (9) Health services. (10) Liquor stores. (11) Miniature golf. (12) Motels and hotels. (13) Offices. (14) Personal services. (15) Private clubs and lodges. (16) Reserved. (17) Shopping center. (18) Specialty retail shops. (19) Standard restaurants. (20) http://library.municode.comlprint.aspx?ciientlD=14048&HTMRequest=http%3a%2f%2fli... 5/25/2012 Municode 0 • Page 2 of 4 Utility services. (Ord. No. 80, Art. V, § 11(5-11-2), 12-15-86; Ord. No. 116, § 6, 1-22-90; Ord. No. 122, § 1, 2-26-90, Ord. No. 173, § 1, 7-27-92, Ord. No. 259, § 21, 11-12-96; Ord. No. 377, § 97, 5-24-04; Ord. No. 377, § 97, 5-24-04) Sec. 20-713. - Permitted accessory uses. The following are permitted accessory uses in a "BH" district: (1) Signs. (2) Parking lots. (3) Temporary outdoor sales (subject to the requirements of section 20-312). (Ord. No. 80, Art. V, § 11(5-11-3), 12-15-86; Ord. No. 243, § 5, 2-13-95, Ord. No. 377, § 98, 5-24-04) Sec. 20-714. - Conditional uses. The following are conditional uses in a "BH" district: (1) Automobile rental facilities. (2) Automotive repair shops. (3) Convenience stores with gas pumps. (4) Emission control testing stations. (5) Garden centers. (6) Motor fuel stations. (7) Outdoor storage. (8) Reserved. (9) Small vehicle sales. (10) Supermarkets. (11) Towers as regulated by article XXX of this chapter. (Ord. No. 80, Art. V, § 11(5.11-4), 12-15-86, Ord. No. 80-G, § 1, 1-11-88; Ord. No. 91, § 1, 6-27-88; Ord. No. 116, § 6, 1-22-90, Ord. No. 120, § 4(8), 2-12-90; Ord. No. 137, § 2, 2-11-91; Ord. No. 259, § 22, 11-12-96; Ord. No. 296, § 2, 2-14-00; Ord. No. 377, § 99, 5-24-04) Editor's note - Section 1 of Ord. No. 91, adopted June 27, 1988, amended 20-714 by adding a subsection (5) thereto. Inasmuch as there existed a subsection (5), added by Ord. No. 80-G, the editor has renumbered the new provisions as2§ 0-714(6). Subsequently, subsections (5) and (6), added by Ord. No. 116, § 6, adopted Jan. 22, 1990, were renumbered as (7) and (8). State law reference- Conditional uses, M.S. § 462.3595. Sec. 20-715. - Lot requirements and setbacks. The following minimum requirements shall be observed in a "BH" district subject to additional requirements, exceptions and modifications set forth in this chapter: (1) The minimum district area is ten acres. This section may be waived by a condition use permit in the case of expansion of an existing district. (2) The minimum lot area is 20,000 square feet. (3) http://library.municode.com/print.aspx?clientID=14048&HTN4Request=http%3a%2f%2fli... 5/25/2012 Municode • . Page 3 of 4 The minimum lot frontage is 100 feet, except that lots fronting on a cul-de-sac shall have a minimum frontage in all districts of 60 feet. (4) The minimum lot depth is 150 feet. (5) The maximum lot coverage is 65 percent. (6) Off-street parking shall comply with district setback requirements except: a. There is no minimum setback when it abuts a railroad right-of-way, except as provided in chapter 20, article XXV, division 3, pertaining to landscaping requirements. b. There is no minimum setback when it abuts, without being separated by a street, another off-street parking area. C. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of- way. d. The minimum setback is 25 feet for side street side yards. e. Parking setbacks along public rights-of-way may be reduced to a minimum of ten feet if the applicant can demonstrate to the satisfaction of the city that 100 percent screening is provided at least five feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. (7) The maximum height is as follows: a. For the principal structure, two stories. b. For accessory structures, one story. (8) Minimum setback requirements: a. For front yards, 25 feet. b. For rear yards, 20 feet. C. For side yards, ten feet. d. The minimum setback is 50 feet when it abuts a residential district without being separated from the residential district by a street or railroad right-of- way. e. Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the Chanhassen City Code. 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 http://library.municode.com/print.aspx?clientID=14048&HTMRequest=http%3a%2f"/o2fli... 5/25/2012 Municode 0 0 Page 4 of 4 maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 80, Art. V, § 11(5-11-5), 12-15-86; Ord. No. 94, §§ 1, 3, 7-25-88; Ord. No. 136, §§ IA, I8, 1-28-91; Ord. No. 451, § 4, 5-29-07; Ord. No. 474, § 11, 10-13-08) Sec. 20-716. - Interim uses. The following are interim uses in the "BH" district: (1) Churches. (2) Reserved. (3) Farmers markets. (Ord. No. 120, § 3, 2-12-90; Ord. No. 243, § 6, 2-13-95) Secs. 20-717-20-730. - Reserved. http://library.municode,com/print.aspx?clientID=14048&HTMRequest=http%3a%2f%2fli... 5/25/2012 LINDQUIST L IND O U IS T} V E N N U M Bruce G. Odlaug (612)371-5792 bodlaug@lindquist.com www.lindquist.com May 21, 2012 Kate Aanenson City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Klingelhutz Property Outlot E, Mission Hills Addition Dear Ms. Aanenson: Sioux Falls Lindquist & Vennum PLLP 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Phone: (612) 371-3211 Fax: (612) 371-3207 RECEIVED MAY 2 2 2012 CITY OF CHANHASSEN We represent Al Klingelhutz in connection with the City's proposed rezoning of the above captioned property. We have in this regard reviewed the proposed ordinance in which the rezoning clsanges-have-been highlighted. — — We understand the reasons for the proposed changes and would ask that you consider additional changes to the ordinance now that the highway system in this area has been completed. We believe that the setback standards need to be revised for the commercial property. The commercial property consists of approximately 8.5 acres and is located at the northeast quadrant of Highways 212 and 101. A wooden noise barrier of approximately 25 feet in height has been constructed all along the Highway 212 corridor that is the south boundary of the Outlot. Highway 101 is the west boundary of the Outlot. The current standards with respect to the Outlot provide for a 50 foot building setback and a 35 foot parking setback on both Highways 212 and 101. These setbacks are excessive based upon an examination of the actual situation on the ground. First, it should be noted that a wooden noise wall is located within the MnDOT property adjacent to Highway 212 and the noise wall is not on the boundary line with the Klingelhutz property. The noise wall is located up an incline from the Klingelhutz property and varies in depth from 50 to 70 feet from the Klingelhutz property. In addition there is a substantial distance from the noise wall to the actual travelled highway. DOCS -#3695054-v I E Kate Aanenson City of Chanhassen May 21, 2012 Page 2 To require a setback of 35 to 50 feet on the Klingelhutz property from Highway 212 would not serve any useful purpose. There is a more than adequate buffer to protect either the public or the commercial property users. A 10 foot setback for both building and parking setbacks should be sufficient in this situation. The situation is somewhat similar on Highway 101 without the noise wall. The sidewalk is on MnDOT property and the distance from the sidewalk to the Klingelhutz property varies from 34 to 54 feet. There is also additional green area from the sidewalk to the actual highway. Again, it does not appear to be of benefit to the public or the commercial user to be required to provide a 50 and 35 foot setback. We believe that a setback of 15 feet for parking and 25 feet for building would be more than adequate along the Highway 101 frontage. Enclosed are four photographs showing the noise wall and right-of-way signs on both frontages. The three photographs with the noise wall show the Highway 212 frontage. The fourth photograph is taken from the sidewalk on Highway 101 and the MnDOT right-of-way sign is to the left of the person close to the edge of the field. We are also concerned about limiting the permitted uses to those under the BN Neighborhood zoning. PUD zoning allows for neighborhood scale commercial, churches or other similar type and scale uses. It would seem that some of the BH Highway and Business Service District permitted uses would be applicable to this Outlot. An example would be funeral homes, financial institutions, liquor store, standard restaurants. We do not want the Outlot to be limited to only those permitted uses under the BN Neighborhood zoning. If you have any questions or need anything further with respect to these requests, please let us know. Very truly yours, LINDQUIST & VENNUM PLLP ?ceG. Odlaug BGO/mlo Enclosures Cc: Mr. AI Klingelhutz Mr. Michael Klingelhutz Mr. Robert Generous DOCS -113695054-v1 t Ile 1 rItr• • i �i�/�r 9V#f!"�! X74# -A-1 � t � ..r�, t �-� � `t 1. ;' j .. d �i �'j, y • r J f4 ♦�4 �$ _.♦ .� t' ! T+':t'YI -'9 •i'i"��". �} pix n r 'x '�� � ,� i � 999 r, �` %? f fY i 1 '�' It 1r' .• Y ' u L Vu'd' 1 ri r. ' a ,. �f ,y.' - � _�/j`�t � t 9.� f �r .,Er. ori DIRy.; 4 ; ♦ j 1 �' }�� r� � r��,i*�.'�r � � t -it i� � 't 1 t!%:%%Y �Y � tY l�� �� �' \� �t1 i {jr -:1 !1�'�♦ P�71 � a. �./ 'r"v (`� T. •� t, k4 :t 7S,_ yW@..; 1i '.. ri y( .,}�`r'•"f • 11"� S 7C `t v": ♦ 44�� w..«1 F•, �« �. *r 'Y ��.�L N +4''�r r+�.`. F_2 �� i�p5/h k t, •�a;♦'�•�' �,;lsj I. 6 �•f �i�Vrt-tiAflar�l� � '. ' I r 3 1 ."'1 I f'y,ti'"`jj l � �f �iyS .�, 'rt' • f( ?1 � `- \ 1 s , t �1. I IA �x I 0 LINDQUIST .i ND OU 15 T+4E NN UM Bruce G. Odlaug (612)371-5792 bodlaug@iindquist.com www.lindquist.com May 29, 2012 Kate Aanenson City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Klingelhutz Property Outlot E, Mission Hills Addition Dear Ms. Aanenson: Minneapolis - Denver • Sioux Falls Lindquist & Vennum PLLP 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Phone: (612) 371-3211 Fax: (612) 371-3207 We are in receipt of your letter dated May 23, 2012, indicating that you cannot recommend the changes in the standards proposed in our letter of May 21, 2012. Your reasons for not being able to make a recommendation is that you believe the requested changes exceed what have been approved in the original PUD for Mission Hills, and that without a specific plan it is premature to make changes in these standards. However, we believe the City is doing exactly what you are objecting to and are changing what has been approved in the original PUD development for Mission Hills. You indicate that you are trying to clarify the term "neighborhood commercial" used in the original PUD by incorporating the BN Neighborhood Business District regulations. We do not believe that the original development approvals relating to "permitted uses" neatly falls in to the BN Neighborhood Business District regulations. We believe the initial approval was broader than this, and that some of the BH Highway and Business Service District permitted uses should be included in the standards. We are not asking that the property be up -zoned, but that the PUD standards include some of the permitted uses in the BH Highway and Business Services District. We believe that this is consistent with the original development approval; and since these are standards, they do not require that they specifically fit into one or the other zoning district. Our second request relating to the setbacks does ask for a change from the original development approval. We are not sure when the original PUD approval was adopted, but it would appear to be prior to the upgrading of Highway 101 and the construction of Highway 212 and the noise wall. The setbacks, as explained in our prior letter, do not make sense when you actually visit DOCS -03700190-.1 0 i Kate Aanenson City of Chanhassen May 29, 2012 Page 2 the property. Outlot E is in an approximately 8.5 acre parcel and the 50 foot setback along 101 and 212 exceeds over 20% of the area of Outlot E. In addition, along Highway 212, there is no rational reason to require a 50 foot setback when the noise wall located up a steep slope is already 50 to 70 feet from the property line. The result is that the existing setback standards make it more difficult to sell or develop the property. Buyers do not like uncertainty, nor do they want to waste their time in working with the property if they are faced with seemingly unreasonable requirements. We do not believe that a specific plan is necessary in order to determine that these setbacks are not appropriate. We believe the setbacks in this situation to be arbitrary and should be modified as requested in order to facilitate ultimate development of this property. Very truly yours, LINDQUIST & VENNUM PLLP ce G. Odlaug BOO/mlo Cc: Mr. Al Klingelhutz Mr. Michael Klingelhutz Mr. Robert Generous Docs -:3'00189-0 PROPOSED MOTION: The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for Saratoga 151 Addition and Saratoga 2"d Addition and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential (PUD -R) zoning on the property to incorporate the unique development standards for the project as well as referencing the Mixed Low Density Residential District (R-4) in the zoning ordinance. The City references an underlying standard zoning district to address issues that are not covered within the specific PUD -R zoning of the property. LOCATION: Saratoga 15` Addition, except Lots 1 — 3, Block 1, and Saratoga 2"d Addition APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Low Density Residential (1.2 — 4 units per acre) ACREAGE: 20 acres DENSITY: net: 2.05 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAIONG: The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. APPLICABLE REGULATIONS Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. Planning Commission Saratoga I" and 2nd Additions PUD Amendment & Rezoning June 5, 2012 Page 2 of 4 BACKGROUND PUD # 77-01, Saratoga 1" and 2°d Additions (formerly Western Hills PUD) November 7, 1977, the City approved a development contract as the regulating document for this development. The final development includes 29 single-family and 6 two-family homes. Lots 1 and 2 of Block 3, Lot 5, Block 2, and Lots 1, 2 and 3, Block 1, Saratoga 1" Addition may be improved by the erection of two-family residential structures on each lot. PUD zoning was used because property was previously rezoned to PUD as part of the Western Hills subdivision. REZONING The City is requesting to rezone approximately 20 acres to Planned Unit Development - Residential (PUD -R) to incorporate the unique development standards and referencing the Mixed Low Density Residential District (R-4). The project consists of 35 units. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is to permit single- family detached and two unit structures. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: i L � Planning Commission Saratoga V and 2nd Additions PUD Amendment & Rezoning June 5, 2012 Page 3 of 4 • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life -cycle. • Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards regulating the development of the property: Saratoga 1'tAddition and Saratoga 2"d Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family and two-family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted once a primary use has occupied the site. Except as modified by the Saratoga 1't Addition and Saratoga 2"d Addition PUD ordinance, the development shall comply with the requirements of the Mixed Low Density Residential District (R-4). b. Permitted Uses The permitted uses in this zone shall be single-family detached and two -unit attached dwellings and their aneillery accessory uses. if -there i"estionwhether- or net a a eels the definition, the Planning Difee4er shall make that . C. Lot Requirements and Setbacks Minimum Lot Area: Single-family — 10,000 square feet Two unit -structure per unit — 6,000 square feet Average Lot area: 12,580 square feet Minimum Dimensions: (Per Unit) Width: 60 feet Depth: 120 feet Setbacks: Front: 25 feet Rear: 30 feet Side: 10 feet Hardcover: 30 percent* 0 0 Planning Commission Saratoga 151 and 2"d Additions PUD Amendment & Rezoning June 5, 2012 Page 4 of 4 *Individual lots may exceed the 30 percent hardcover, but the entire project shall maintain 30 percent hard surface coverage. RECOMMENDATION Staff recommends that the Planning Commission approve the Saratoga I' Addition and Saratoga 2"d Addition Planned Unit Development ordinance and adoption of the attached Findings of Fact and Recommendation. ATTACHMENTS 1. Saratoga 1"Addition and Saratoga 2"d Addition PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: Saratoga l st Addition and Saratoga 2nd Addition. gAplanl2012 punning casesl2012-04 msidential pud a mendmentstgroup 3 - june 5, 2012 public bearingVaratoga additionlstaff report saratoga I & 2.doc 0 0 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Saratoga I" Addition, except Lots l — 3, Block 1, and Saratoga 2nd Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: Saratoga I't Addition and Saratoga 2"d Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family and two-family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted once a primary use has occupied the site. Except as modified by the Saratoga 1" Addition and Saratoga 2"d Addition PUD ordinance, the development shall comply with the requirements of the Mixed Low Density Residential District, R-4. b. Permitted Uses The permitted uses in this zone shall be single-family detached and two unit attached dwellings and their accessory uses. C. Lot Requirements and Setbacks Minimum Lot Area: Single-family — 10,000 square feet Two unit structure per unit — 6,000 square feet Average Lot area: 12,580 square feet Minimum Dimensions: (Per Unit) Width: 60 feet Depth: 120 feet Setbacks: Front: 25 feet Rear: 30 feet Side: 10 feet Hardcover: 30 percent* 0 0 *Individual lots may exceed the 30 percent hardcover, but the entire project shall maintain 30 percent hard surface coverage. Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of , 20, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of City of Chanhassen to amend the Saratoga Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Saratoga I" Addition, except Lots 1 — 3, Block 1, and Saratoga 2nd Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. E • b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city s service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION Its Chairman 2 r • B _ t" it a } ¢E; 4a..B cd r g Qw I3 6� S." � :f s9;S i YP S e 7 Zy a a(6% fit 1p ;F y;y� ° as � �d 6 �_£ 2 32c afiE6 p4 �• q 4 D < f Y F_t 6 , 95 5° )yZ �aP Li r� di OJ 0 N• 0 2 �• NLfp9Y i!Z S 77 Ne 91# J[ QLwJY f Y�c'tlP +y t �+ 3� @il Y U 3g C �, L a q @ if �• Y n 9 PROPOSED MOTION: The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for South Lotus Lake and South Lotus Lake Second Addition and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential (PUD -R) zoning on the property to incorporate the unique development standards for the project, as well as referencing the Single -Family Residential District (RSF) in the zoning ordinance. The City references an underlying standard zoning district to address issues that are not covered within the specific PUD -R zoning of the property. LOCATION: South Lotus Lake and South Lotus Lake Second Addition APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential Low Density I ACREAGE: 20.1 acres DENSITY: net: 2.7 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: SOUTH LOTUS LAKE _ RESIDENTIAL PUD v 41 The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. APPLICABLE REGULATIONS Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. 0 0 Planning Commission South Lotus Lake & South Lotus Lake Second Addition PUD Amendment & Rezoning June 5, 2012 Page 2 of 4 BACKGROUND The City approved a development contract as the regulating document for this development. The final development includes up to 40 single-family homes and public parks. South Lotus Lake (PUD 85-04) REZONING The City is requesting to rezone approximately 20 acres to Planned Unit Development - Residential (PUD -R) incorporating the unique development standards and referencing the Single -Family Residential District (RSF). The project consists of 40 dwelling units. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is to permit single- family homes on smaller lots. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: 0 A balanced housing supply with housing available for people of all income levels. 0 0 Planning Commission South Lotus Lake & South Lotus Lake Second Addition PUD Amendment & Rezoning June 5, 2012 Page 3 of 4 • A variety of housing types for people in all stages of the life -cycle. • Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards regulating the development of the property: South Lotus Lake and South Lotus Lake Second Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached homes. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the South Lotus Lake and South Lotus Lake Second Addition PUD ordinance, the development shall comply with the requirements of the Single -Family Residential District (RSF). b. Permitted Uses The permitted uses in this zone shall be single-family residential homes and their aneillai3 accessory uses. if here : a question as to whether -or- note a eetq the definition the Dle....:.... Direefor- shall make that interpr-elatiew. C. Lot Requirements and Setbacks South Lotus Lake Standards Front yard setback 30 feet side yard setback 10 feet Rear setback 30 feet Minimum front lot width at building setback 90 feet Minimum Lot depth 96 feet Minimum lot size 11,700. square feet Hard Surface Coverage 25 % within the Lakeshore overlay district. All others 30% Wetland: setback 75 feet Perpetual Conservation Easement Below the 902 Elevation 0 0 Planning Commission South Lotus Lake & South Lotus Lake Second Addition PUD Amendment & Rezoning June 5, 2012 Page 4 of 4 South Lotus Lake Second Addition RECOMMENDATION Staff recommends that the Planning Commission approve South Lotus Lake and South Lotus Lake Second Addition Planned Unit Development ordinance and adoption of the attached Findings of Fact and recommendation: ATTACHMENTS 1. South Lotus Lake and South Lotus Lake Second Addition PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: South Lotus Lake and South Lotus Lake Second Addition. gAplan\2012 planning cmcs\2012-04 residential pud amendments\group 3 -june 5, 2012 public hearing\south lotus lake\staff report.doc Standards Front setback 30 feet side yard setback 10 feet Rear setback 30 feet Minimum front lot width at building setback 90 feet Minimum Lot depth 97 feet Minimum lot size 11,700 square feet Hard Surface Coverage 25 % within the Lakeshore overlay district. All others 30% Wetland: setback 75 feet Perpetual Conservation Easement Below the 902 Elevation RECOMMENDATION Staff recommends that the Planning Commission approve South Lotus Lake and South Lotus Lake Second Addition Planned Unit Development ordinance and adoption of the attached Findings of Fact and recommendation: ATTACHMENTS 1. South Lotus Lake and South Lotus Lake Second Addition PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: South Lotus Lake and South Lotus Lake Second Addition. gAplan\2012 planning cmcs\2012-04 residential pud amendments\group 3 -june 5, 2012 public hearing\south lotus lake\staff report.doc • 0 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section I. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within South Lotus Lake and South Lotus Lake Second Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: South Lotus Lake and South Lotus Lake Second Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached homes. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the South Lotus Lake and South Lotus Lake Second Addition PUD ordinance, the development shall comply with the requirements of the Single -Family Residential District (RSF). b. Permitted Uses The permitted uses in this zone shall be single-family residential homes and their accessory uses. C. Lot Requirements and Setbacks South Lotus Lake Standards Front yard setback 30 feet side yard setback 10 feet Rear setback 30 feet Minimum front lot width at building setback 90 feet Minimum Lot depth 96 feet Minimum lot size 11,700. square feet Hard Surface Coverage 25 % within the Lakeshore overlay district. All others 30% Wetland: setback 75 feet Perpetual Conservation Easement Below the 902 Elevation 0 C...f6 r -k- i oI,- Cnnnnd AAAifinn 11 Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of , 20_1 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on Standards Front setback 30 feet side yard setback 10 feet Rear setback 30 feet Minimum front lot width at building setback 90 feet Minimum Lot depth 97 feet Minimum lot size 11,700 square feet Hard Surface Coverage 25 % within the Lakeshore overlay district. All others 30% Wetland: setback 75 feet Perpetual Conservation Easement Below the 902 Elevation Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of , 20_1 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 0 0 C]TY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of City of Chanhassen to amend the South Lotus Lake and South Lotus Lake Second Addition Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: South Lotus Lake and South Lotus Lake Second Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. n U • 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION !19 Its Chairman 2 G G3L s= "xzU y �4ps Y= w 016 .o}i •t hi\r O n ti � •S iii Xd:: �k � ��oi� �l yc � i ,:• g:E. zsG :.r t't = it it (` 3 'NVHM3iq ei ;i}/•W Sf o r a i x1 Y 2 \ / r°• •ti}y 3:� �-.i• � ' �5°, i rte,-.. K r.,. �,.L33tl1S (•! ,�? 5e�.\ 13mi Nl•111S3M / m Q i ii / i; t� mai o . f o on \ / tt X21 V � � Y \ •� .d•' � Y8 f Y �, � N J LV O N tz /Ni\-% ��� � e,A r�� \h .d+ 3L• _,J alh ;z c\ �33 \, 5 N� i .i. • O tt� •�Y, \\\:: - 00I f W 3T M Y. i i _rJ t i 2'1 'h. ✓•�F.� i�P 0 Q\ = s is � ,t `} _-(g .• I��ti .n L i ` f.i • W <O @By o S Y \ d}>y3 G' � i w Y 2 0 0 0 _ wx I =N / •••. I a W i 3 133H1S HI LLS3M7 x ✓• t y I J \f y « It9 Is 81 •g; Aq if 0 � < � �5 la• n 41 ` I I O f� • ,,��' / �=� ate, ,:. � � I I sit � �� I I • fej�. �s713y .E3 3 I fb •�� � � r•� a • ..o ii €od . !f f,7 # t, \ ,� II I ,� °� ° = i# '0�3! ash f I i il f.. 13� �, 0 CITY OF CHANHASSEN PROPOSED MOTION: PC D)&: June 5, 2012 CC DATE: June 25, 2012 REVIEW DEADLINE: NA CASE #: 2012-04 BY: RG The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for South Lotus Villas and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential (PUD -R) zoning on the property to incorporate the unique development standards for the project as well as referencing the High Density Residential District (R-12) in the zoning ordinance. The City references an underlying standard zoning district to address issues that are not covered within the specific PUD -R zoning of the property. LOCATION: South Lotus Villas APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential Medium Density ACREAGE: 1.37 acres DENSITY: net: 10.9 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: 4 -gwl� SOUTH LOTUS VILLAS RESIDENTIAL PUD The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. APPLICABLE REGULATIONS: Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. [I d Planning Commission South Lotus Villas PUD Amendment & Rezoning June 5, 2012 Page 2 of 4 BACKGROUND The City approved a development contract as the regulating document for this development. The final development includes 14 townhomes and private street access. South Lotus Villas (SPR 89-04) June 26, 1989 — approved 14 townhomes and common area for private streets from Outlot A, South Lotus Lake Addition. REZONING The City is requesting to rezone approximately 1.4 acres to Planned Unit Development - Residential (PUD -R) to incorporate the unique development standards and referencing the High Density Residential District (R-12). The project consists of 14 dwelling units. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is to permit single- family homes on smaller lots. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: 0 A balanced housing supply with housing available for people of all income levels. 0 0 Planning Commission South Lotus Villas PUD Amendment & Rezoning June 5, 2012 Page 3 of 4 • A variety of housing types for people in all stages of the life -cycle. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards regulating the development of the property: South Lotus Villas Zoning Standards a. Intent The purpose of this zone is to create a PUD for townhouses. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the South Lotus Villas PUD ordinance, the development shall comply with the requirements of the High Density Residential District (R-12). b. Permitted Uses The permitted uses in this zone shall be townhouses and their aneillary accessory uses. Tc� a is f1 .. question as to whether or not , F. e meets the den:t:en> a the Planning Direetor shall make t6..t � intefpr-etafien._ C. Lot Requirements and Setbacks South Lotus Villas RECOMMENDATION Staff recommends that the Planning Commission approve South Lotus Villas Planned Unit Development ordinance and adoption of the attached findings of fact and recommendation: Standards Front yard setback 25 feet Side yard setback 10 feet Rear setback NA Minimum front lot width at building setback 32 feet Minimum Lot depth 35 feet Minimum lot size 1,184 square feet Hard Surface Coverage 54% RECOMMENDATION Staff recommends that the Planning Commission approve South Lotus Villas Planned Unit Development ordinance and adoption of the attached findings of fact and recommendation: Planning Commission South Lotus Villas PUD Amendment & Rezoning June 5, 2012 Page 4 of 4 ATTACHMENTS 1. South Lotus Villas PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: South Lotus Villas. gAplan\2012 planning cases\2012-04 residential pud amendments\group 3 - june 5, 2012 public hearing\south lotus villas\staff report.doc AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within South Lotus Villas to Planned Unit Development - Residential. Section 2. The rezoning of this property incorporates the following development design standards: South Lotus Villas Zoning Standards a. Intent The purpose of this zone is to create a PUD for townhouses. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the South Lotus Villas PUD ordinance, the development shall comply with the requirements of the R-12 - High Density Residential District. b. Permitted Uses The permitted uses in this zone shall be townhouses and their accessory uses. C. Lot Requirements and Setbacks South Lotus Villa Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Standards Front yard setback 25 feet side yard setback 10 feet Rear setback NA Minimum front lot width at building setback 32 feet Minimum Lot depth 35 feet Minimum lot size 1,184 square feet Hard Surface Coverage 154% Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. 0 0 Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 20, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECONEWENDATION II ' Application of City of Chanhassen to amend the South Lotus Villas Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Medium Density use. 3. The legal description of the property is: South Lotus Villas. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. • 0 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION I� Its Chairman i i e UP b a E �6 p �s ,p east• �➢ IyyI?� a� 'e C i ^ 2, 06 dj: S �5� yyg i4= BS� ES e'z w aib s KIN. 6 �S si 6a �Stl��G bny� a °RedF 4: 's GaE t y_ea • b Q \ H e i = i ^ 2, 06 14 � Sa • y� SG�E /a, C n T b H e i = 3 � Sa 5� � gpp y9 Ga rr 3 s a �e 5n i 9 3E 9 Cpi ?3� Esa y� SG�E /a, C n T PROPOSED MOTION: The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for Triple Crown Estates and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential (PUD -R) zoning on the property to incorporate the unique development standards for the project as well as referencing the Single -Family Residential District (RSF) in the zoning ordinance. The City references an underlying standard zoning district to address issues that are not covered within the specific PUD -R zoning of the property. LOCATION: Triple Crown Estates APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 24.7 acres DENSITY: net: 3.4 units per acre a TRIPLE CROWN ESTATES RESIDENTIAL PUD r LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. APPLICABLE REGULATIONS Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. 0 0 Planning Commission Triple Crown Estates PUD Amendment & Rezoning June 5, 2012 Page 2 of 3 BACKGROUND The City approved a development contract as the regulating document for this development. The final development includes up to 55 single family lots. Triple Crown Estates — PUD 85-2 (Chaparral 4t" Addition) 1985 — Approved 55 Lots and an Outlot for a park. Lot size 11,700 square feet — 20,000 square feet Average = 12,967 square feet The City is requesting to rezone approximately 25 acres to Planned Unit Development -Residential (PUD -R) to incorporate the unique development standards and referencing the Single -Family Residential District (RSF). The project consists of 55 single-family detached units and a public park. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is to permit 55 single-family homes and open space. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life -cycle. • Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 0 0 Planning Commission Triple Crown Estates PUD Amendment & Rezoning June 5, 2012 Page 3 of 3 Staff is proposing the following development standards regulating the development of the property: Triple Crown Estates Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted once a primary use has occupied the site. Except as modified by the Triple Crown Estates PUD ordinance, the development shall comply with the requirements of the Single -Family Residential District (RSF). b. Permitted Uses The permitted uses in this zone shall be single-family detached units and their anoillaFy accessory uses. if there is a question as to whethef or. fist A use metats I e definition, the Planning Direeter shall make th that e_..- e c. Lot Requirements and Setbacks Minimum Lot Area: 11,300 square feet Minimum Width: 70 feet at the building setback line Minimum Depth: 108 feet Minimum setbacks: Front yard: 25 feet Rear yard: 30 feet Side yard: 10 feet Hardcover: 30 percent site coverage. RECOMMENDATION Staff recommends that the Planning Commission approve Triple Crown Estates Planned Unit Development ordinance and adoption of the attached findings of fact and recommendation: ATTACHMENTS 1. Triple Crown Estates PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: Triple Crown Estates. giplan\2012 planning cases\2012-064 residential pud amendments\group 3 - june 5, 2012 public hearing\Triple crown estates\staff report.doc 0 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section I. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Triple Crown Estates to Planned Unit Development - Residential. Section 2. The rezoning of this property incorporates the following development design standards: Triple Crown Estates Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted once a primary use has occupied the site. Except as modified by the Triple Crown Estates PUD ordinance, the development shall comply with the requirements of the Single -Family Residential, RSF, District. b. Permitted Uses The permitted uses in this zone shall be single-family detached units and their accessory uses C. Lot Requirements and Setbacks Minimum Lot Area: 11,300 square feet Minimum Width: 70 feet at the building setback line Minimum Depth: 108 feet Minimum setbacks: Front yard: 25 feet Rear yard: 30 feet Side yard: 10 feet. Hardcover: 30 percent site coverage. 0 9 Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of 20� by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) `a 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of City of Chanhassen to amend the Triple Crown Estates Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential, PUD -R. The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential, PUD -R. 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Triple Crown Estates. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 0 0 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION Its Chairman `A D - wz J M1f.Bf.QiN rozn_ r. � lafr..er Orn-s�89 -_. • c I 1 t°�}MSNn; i� D' i KIfNJIM b% //nK.'•.roJ E;+ __ ` YEF ---- wh qD9 <F it - Y�8 M - sr. - 9��� ``P� , ,^•••^• b� \ �� a �v , 2 LL y SI�E41� 6.�D�el � � Haws e� y--',E''a` Yf- a .��-' "P� W � ,;;•� \�/// Li rx .'�~ '�• : ag. � r�,nars I i �Zty.a n -w a. :. c $\ of \ Zai �$ i i�A •� E > ~ 13. 24`j� •aae_-eis-, p r__-._ +) ';`b'va. $¢8i w` U..� �•,$9i �' ,a"�4L.r. 4h'�iyrN~ S ,��• ^-n_w',§ �` •� a t�6 _L y'tr'�r . ,•�x$xy'C A `+ <i �?aTi1ii•E G y ar• ;Fe yid'' i2" : t '' J['i\8:• W « 144y1y i i ` A ,• �Mf4olN } lSd LL � i } � "'• �pp..Y a baa'_'- .� � $ ;� a�""�"..•. S -`.5i4 W.`tvs 5 ural v. � v 4y�' E•. '',y -k •E 3F K�Ir, 9 .4a ___ as;:: o '� b-_ � �� � }: F. _ ' ��18,, � •�+W a •n � .^`, 4 +i '�: b,Y Ovral :LRvw',i�aowrtao• J iauysa�fl,Mww,f AS w• E m_ , �' 3.R./BBpS �� w i')♦ 4rty...__Po .r�tipy! � .`.l. iIIA Ch i adv orry - .3'-`�... il� '`'�• ` 'w�' �� a � a Y3 moi; g 16f19 y �/ew v.nw/ 3.01 if.BBS i � _ __ a3gT 3 �,^�• abmin i.4w.y 4J1: • 0 t S�tif f .� CW uMr i(na+sl o � _ 4a _M c' } a..p w.av 3-R.vivt � ND'- .r z` ryj tl S t a � a LR.ifAYf PROPOSED MOTION: The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for Walnut Grove and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential (PUD -R) zoning on the property to incorporate the unique development standards for the project, as well as referencing the Single -Family Residential (RSF) District for single-family homes, Mixed Low Density Residential District (R-4) for the cottage homes, and Mixed Medium Density Residential (R-8) for the townhouses. The City references an underlying standard zoning district to address issues that are not covered within the specific PUD -R zoning of the property. LOCATION: Walnut Grove APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential Medium Density WALNUT GROVE amr� V RESIDENTIAL PUD ch 0 � � o 4 Stake HWY 5 ACREAGE: 50 DENSITY: net: 5.74 units/acres LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. APPLICABLE REGULATIONS Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. 0 0 Planning Commission Walnut Grove PUD Amendment & Rezoning June 5, 2012 Page 2 of 4 BACKGROUND The City approved a development contract as the regulating document for this development. The final development includes 168 townhouses, 44 cottage homes and 35 single-family detached houses for total of 247 units. WALNUT GROVE, PUD #96-4, SPR #96-14, LUP #96-2 On May 27, 1997, the City Council approved the following: • The Land Use Map Amendment, 96-2 LUP, amending the northerly 30.14 acres from Residential - Low Density to Residential - Medium density to permit the proposed development known as Walnut Grove. • Preliminary and final approval of PUD #96-4 for a mixed density residential development rezoning (second reading waived) approximately 50 acres from Agricultural Estate District, A2, to Planned Unit Development -Residential, PUD -R. • Preliminary and final plat approval for Walnut Grove. • Site Plan #96-14 for 168 townhouse units and 44 Cottage homes. • The PUD Agreement/Development Contract for Walnut Grove. On July 14, 1997, the City approved an amendment to the plat for Walnut Grove. REZONING The City is requesting to rezone approximately 50 acres to Planned Unit Development - Residential (PUD -R) to incorporate the unique development standards and referencing the Single -Family Residential District (RSF) for single-family homes, Mixed Low Density Residential District (R-4) for the cottage homes, and Mixed Medium Density Residential (R-8) for the townhouses. The project consists of 247 units. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is for mixed density residential homes. The use of the PUD zoning also allows for a variety of housing types within the development. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. Planning Commission Walnut Grove PUD Amendment & Rezoning June 5, 2012 Page 3 of 4 The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: • A balanced housing supply with housing available for people of all income levels. A variety of housing types for people in all stages of the life -cycle. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards regulating the development of the property: Walnut Grove Zoning Standards a. Intent The purpose of this zone is to create a PUD for mixed density residential homes consisting of 168 townhouses, 44 cottage homes and 35 single-family detached homes for total of 247 units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Walnut Grove PUD ordinance, the development shall comply with the requirements of the Single -Family Residential District (RSF) for single-family homes, Mixed Low Density Residential District (R-4) for the cottage homes, and Mixed Medium Density Residential (R-8) for the townhouses. b. Permitted Uses The permitted uses in this zone shall be single-family homes, townhouses and their aaeillaF5 accessory uses. if the -e : a question ,..,...44@G...- e- ROM .1 a vets. de definition, the Dle....;.... The type of uses to be provided on common areas shall be gazebos, play equipment, picnic and bus shelters, sheds and signage. 0 Planning Commission Walnut Grove PUD Amendment & Rezoning June 5, 2012 Page 4 of 4 C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. *Lots 4 - 17, Block 2, rear setback 25 feet RECOMMENDATION Staff recommends that the Planning Commission approve the Walnut Grove Planned Unit Development ordinance and adoption of the attached Findings of Fact and Recommendation: ATTACHMENTS 1. Walnut Grove PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: Walnut Grove. gAplan\2012 planning cases\201244 residential pud amendments\group 3 -june 5, 2012 public hearing\walnut gmve\staff report.doc Standards Setbacks: (single-family detached Front lot line 30 feet Side lot line 10 feet Rear lot line 30 feet Setbacks: (cottage and townhouses Front lot line 0 feet Side lot line 0 feet Rear lot line 0 feet Hard Surface Coverage 30% over the entire development Lot Requirements: (single-family detached Minimum Lot Size 10,400 Square feet Minimum Lot Width 70 feet Minimum Lot Depth 125 feet Lot Requirements: (cottage homes Minimum Lot Size 3,400 Square feet Minimum Lot Width 47 feet Minimum Lot Depth 78 feet Lot Requirements: townhouses Minimum Lot Size 1,000 Square feet Minimum Lot Width 26 feet Minimum Lot Depth 39 feet *Lots 4 - 17, Block 2, rear setback 25 feet RECOMMENDATION Staff recommends that the Planning Commission approve the Walnut Grove Planned Unit Development ordinance and adoption of the attached Findings of Fact and Recommendation: ATTACHMENTS 1. Walnut Grove PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: Walnut Grove. gAplan\2012 planning cases\201244 residential pud amendments\group 3 -june 5, 2012 public hearing\walnut gmve\staff report.doc 0 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Walnut Grove to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: Walnut Grove Zoning Standards a. Intent The purpose of this zone is to create a PUD for mixed density residential homes consisting of 168 townhouses, 44 cottage homes and 35 single-family detached homes for total of 247 units. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Walnut Grove PUD ordinance, the development shall comply with the requirements of the RSF, Single -Family Residential District for single-family homes, R-4, Mixed Low Density Residential District for the cottage homes and R-8, Mixed Medium Density Residential for the townhouses. b. Permitted Uses The permitted uses in this zone shall be single-family homes, townhouses and their accessory uses. The type of uses to be provided on common areas shall be gazebos, play equipment, picnic and bus shelters, sheds and signage. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Standards Setbacks: (single-family detached Front lot line 30 feet Side lot line 10 feet Rear lot line 30 feet Setbacks: (cottage and townhouses Front lot line 0 feet Side lot line 0 feet Rear lot line 0 feet 0 • 'Lots 4 - 17, Block 2, rear setback 25 feet Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of 20_1 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2 Standards Hard Surface Coverage 30% over the entire development Lot Requirements: sin e-fam' detached Minimum Lot Size 10,400 Square feet Minimum Lot Width 70 feet Minimum Lot Depth 125 feet Lot Requirements: (cottage homes Minimum Lot Size 3,400 Square feet Minimum Lot Width 47 feet Minimum Lot Depth 78 feet Lot Requirements: townhouses Minimum Lot Size 1,000 Square feet Minimum Lot Width 26 feet Minimum Lot Depth 39 feet 'Lots 4 - 17, Block 2, rear setback 25 feet Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this _ day of 20_1 by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of the City of Chanhassen to amend the Walnut Grove Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Medium Density use. 3. The legal description of the property is: Walnut Grove. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 1 0 0 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION Its Chairman 2 0 R')3'3�JY b.33Lt/�K3LL 9R•13� (®l 16.M.± ____ CL M z^ �1- �lr ro iii \ d �: w. f3 ° I pp pg 9p �c a Ug—"'`.q„ , �n'pe�� f � � � i• �i gyp I � I �� r-- -- g,i a �L3 m Fd`I' s\k•.+'d - ,.�'F =ae Vill r44\ WI % f i°d�c� sas.3 r� 9R • Ax n e 1 isaa =� Nil W I > I L�Js3i+•s— ala r Ol s'A`1 d mu Y i� h dd 6� O (Il r--�—i I a�—'1r•<�' �i w rA tV i1"�q `J ®®®^ TT11 6 r iftR. A A N ti rggt� � Q �•N � �P=,.•.;�byu.,ur Rg 3 $'✓A N .13 I .eslm• 1 � Rk'---Y''��—_� %tA a4 ,4 �3 ,I .w w _• M "g�J t? c\ ,isfn — p� I. l q iD 3. ," �F liffir"i i °] IL LN L--SWS•W--J [g ��♦♦•• »mom y l ♦ � ! f! @A' P;la��`�1 *�, '.,"°.+�QS j6• s me„° e i !� Ii i�'✓: 4 8^�a ' s.�,Ai �R r A",rv''• i a rs L`,m+ ;`�.' 4,2.A 9 _- QdQ�i +' A' ma •- L o -r# { 'µW 0` gl fP l IV (®01410dA ) 00 - W"Lt9l S'll iN.01R Z Z 111^an.A sw 1A Y d / q CJS (]i III �yF EIA m 11 � 9 W y,at o a yK , iii Lope �� .�... o i�. n .u,tly i d3�E k ICs n €���I o 5 I K PROPOSED MOTION: The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for Western Hills, Western Hills First Addition and Western Hills 2"d Addition and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential, PUD -R, zoning on the property to incorporate the unique development standards for the project as well as referencing the Single -Family Residential District, RSF, in the zoning ordinance. The City references an underlying standard zoning district to address issues that are not covered within the specific PUD -R zoning of the property. LOCATION: Western Hills, Western Hills First Addition and Western Hills 2"d Addition APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 PRESENT ZONING: Planned Unit Development — Residential, PUD -R 2020 LAND USE PLAN: Residential Low Density ACREAGE: 34.8 acres DENSITY: net: 2.92 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. APPLICABLE REGULATIONS Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. 0 0 Planning Commission Western Hills PUD Amendments and Rezoning June 5, 2012 Page 2 of 4 BACKGROUND The City approved a development contract as the regulating document for this development. The final development includes single-family homes. Western Hills PUD 69-2 May 5, 1969 City Council Meeting Motion to rezone Tract A in Block 4 and Tract B in Block 7 to Residence District C. With the further understanding that the densities be determined by future ordinance. The Articles of Homeowners Association be submitted prior to approval of the planned developments on said Tracts A and B. The remaining of the lands to be rezoned to Residence District A. A variance from Ordinance No. 33 be granted for the Collector Streets to a 60 -foot right- of-way with a 36 -foot blacktop surface and a 40 -foot building setback line. Also, a variance of 150 feet on Longview Circle from the maximum length stated in Ordinance No. 33. (650' Cul-de-sac) Approval of preliminary plat plans dated March 25 and revised March 31, 1969. There is one parcel at 7489 Saratoga Circle within the Western Hills 2"d Addition that accesses via Saratoga Addition. This is an original farmstead of the area and is further subdividable in the future, subject to compliance with City Code. REZONING The City is requesting to rezone approximately 35 acres to Planned Unit Development - Residential (PUD -R) to incorporate the unique development standards and referencing the Single -Family Residential District (RSF). The project consists of 102 single-family units. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is to permit single- family homes. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: 0 0 Planning Commission Western Hills PUD Amendments and Rezoning June 5, 2012 Page 3 of 4 • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life -cycle. • Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards regulating the development of the property: Western Hills Zoning Standards a. Intent The purpose of this zone is to create a PUD Western Hills, Western Hills First Addition and Western Hills 2"d Addition. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Western Hills, Western Hills First Addition and Western Hills 2"d Addition PUD ordinance, the development shall comply with the requirements of the Single Family Residential District (RSF). b. Permitted Uses The permitted uses in this zone shall be single-family homes and their aneillary accessory uses. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Planning Commission Western Hills PUD Amendments and Rezoning June 5, 2012 Page 4 of 4 Western Hills Setbacks: Standards Front yard Setback 25 feet Front yard Setback on all lots in Block 1 20 feet Garage Side Lot Line 5 feet House side 10 feet Rear Lot Line 30 feet Hard Surface Coverage 30% Lot Requirements: 10,800 Square feet Minimum Lot Size 10,400 Square feet Minimum Lot Width 80 feet at building setback Minimum Lot Depth 125 feet Western Hills First Addition and Western Hills 2nd Addition Setbacks: Standards Front yard Setback 25 feet Front yard Setback on cul de sac 20 feet Side Lot Line 10 feet Rear Lot Line 30 feet Hard Surface Coverage 30% Lot Requirements: Minimum Lot Size 10,800 Square feet Minimum Lot Width 90 feet at building setback Minimum Lot Depth 125 feet RECOMMENDATION Staff recommends that the Planning Commission approve Western Hills Planned Unit Development ordinance and adoption of the attached Findings of Fact and Recommendation. ATTACHMENTS 1. Western Hills PUD Ordinance 2. Findings of Fact and Recommendation 3. Reduced Copy Plat: Western Hills, Western Hills First Addition and Western Hills 2"d Addition gaplan12012 planning cases\2012-04 residential pud amendmentslgoup 3 -june 5, 2012 public hearing4mtem hills\staff repon.doc 0 0 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within Western Hills Addition, Western Hills First Addition and Western Hills 2"d Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: Western Hills Zoning Standards a. Intent The purpose of this zone is to create a PUD Western Hills Addition, Western Hills First Addition and Western Hills 2nd Addition. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the Western Hills Addition, Western Hills First Addition and Western Hills 2"d Addition PUD ordinance, the development shall comply with the requirements of the RSF-Single Family Residential District. b. Permitted Uses The permitted uses in this zone shall be -single family homes and their accessory uses. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Western Hills Setbacks: Standards Front yard Setback 25 feet Front yard Setback on all lots in Block 1 20 feet Garage Side Lot Line 5 feet House side 10 feet Rear Lot Line 30 feet Hard Surface Coverage 30% Lot Requirements: Minimum Lot Size 10,400 Square feet Minimum Lot Width 80 feet at building setback Minimum Lot Depth 125 feet Western Hills First Addition and Western Hills 2°° Addition Setbacks: Standards Front yard Setback 25 feet Front yard Setback on cul de sac 20 feet Side Lot Line 10 feet Rear Lot Line 30 feet Hard Surface Coverage 30% Lot Requirements: Minimum Lot Size 10,800 Square feet Minimum Lot Width 90 feet at building setback Minimum Lot Depth 125 feet Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of 20_, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2 0 E CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATI Application of City of Chanhassen to amend the Western Hills Addition, Western Hills First Addition and Western Hills 2nd Addition Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Western Hills, Western Hills First Addition and Western Hills 2°d Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. C) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property - 1 0 0 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION Its Chairman 0 2 O NOSJ�- :2iss.r�t" L— a (A J z -------- --- w `-1 ---m— -- _J U Q U z � z 7 W 0 OU �- W V Q n W =i > i �� 4 3:•' .FS.� ••�"zF x.555 56 9Y: :35 . •.fa � Y � 8 PI sa.'Syy 3. e All, 3e 2 O NOSJ�- :2iss.r�t" L— (A J z -------- --- w `-1 ---m— -- _J U Q U z � z 7 W 0 OU �- W V Q n W =i > i 2 O NOSJ�- :2iss.r�t" L— of 3 -4 9 V l v, AF � , • t ! ♦ , k h - t ;, J n •t - L� •I ,�e�s 2Ye�, 2!F t moi. �♦ O O rrww ♦,. E. 2 A S I t .ti ttrt i .tp a y��3�'• 3 y Y a?3 ya e ?S - '•? d1i$�pa j sei Yy9 4 ` I yn tiyy aYa" i # i9 H i• Y Y a it t aa� �!?i' •€ 1 tyy,�� ?� - L� •I ,�e�s 2Ye�, 2!F t moi. �♦ O O rrww ♦,. E. 2 A S I L� •I ,�e�s 2Ye�, 2!F ii t .ti ttrt .tp xii y _! ;Ie b _ Q � d• Q. i{ Z. 12 \Y cis J ` °��a 3 mJ s s •• ti �tR^- xG iF J. U" is __J if its Z w db o 1 1 N-'.T'CC NJF• 1 LL I a h �e r—f, Nr,I j.r/3- Hlb .� nsuavm� 11MV CNJJ3S S11fH 3SINNOS/ NOI11Qt7tl SII IN 3SIBNM • CITY OF CHANHASSEN PROPOSED MOTION: PC I&E: June 5, 2012 CC DATE: June 25, 2012 REVIEW DEADLINE: NA CASE #: 2012-04 BY: REG The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for WillowRidge, WillowRidge 2nd Addition and WillowRidge 3'd Addition and adopt the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The City is requesting an amendment to the Planned Unit Development — Residential (PUD -R) zoning on the property to incorporate the unique development standards for the project as well as referencing the Single -Family Residential District (RSF) in the zoning ordinance. The City references an underlying standard zoning district to address issues that are not covered within the specific PUD -R zoning of the property. LOCATION: WillowRidge, WillowRidge 2nd Addition and WillowRidge 3`d Addition APPLICANT: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952) 227-1100 PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential Low Density (1.2 — 4 units per acre) ACREAGE: 25.9 acres DENSITY: gross: 1.47 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. APPLICABLE REGULATIONS Except as modified by the specific Planned Unit Development — Residential ordinance, the property shall comply with the requirements of the City of Chanhassen City Code. IN Planning Commission WillowRidge PUD Amendments and Rezoning June 5, 2012 Page 2 of 5 BACKGROUND The City approved a development contract as the regulating document for this development. The final development includes 38 single-family homes. WILLOWRIDGE, PUD 91-03 WillowRidge approved March 23, 1992 creating 26 lots WillowRidge 2"d Addition approved March 8, 1993 creating 12 lots. WillowRidge 3`d Addition approved August 7, 2002 creating two lots from one lot. REZONING The City is requesting to rezone approximately 26 acres to Planned Unit Development - Residential (PUD -R) to incorporate the unique development standards and referencing the Single -Family Residential District (RSF). The project consists of 38 units. The review criteria are taken from the intent section of the PUD Ordinance. 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 in this instance is to permit single- family homes. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • The city will seek opportunities to provide transitions between different uses of different types. • Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: Planning Commission WillowRidge PUD Amendments and Rezoning June 5, 2012 Page 3 of 5 • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life -cycle. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards regulating the development of the property: WillowRidge, WillowRidge 2"d Addition and WillowRidge 3'd Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached homes. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the WillowRidge, WillowRidge 2"d Addition and WillowRidge 3`d Addition PUD ordinance, the development shall comply with the requirements of the Single Family Residential District (RSF). b. Permitted Uses The permitted uses in this zone shall be single-family homes and their aneill accessory uses. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Hard Surface Coverage Standards Setbacks: Front Lot Line 25 feet Side Lot Line 10 feet Rear Lot Line 30 feet Wetland: Buffer and buffer setback See wetland compliance table Hard Surface Coverage 25 % in the Shoreland District or 30% out of Shoreland District Lot Requirements: Minimum Lot Size 14,000 Square feet minimum Minimum Lot Width 80 feet Minimum Lot Depth 125 feet 0 Planning Commission WillowRidge PUD Amendments and Rezoning June 5, 2012 Page 4 of 5 I* Will owRidge Addition Wetland Compliance Table Block Lot Wetland Buffer Setback (feet) Buffer Strip 2 1 50 15 2 2 75 25 2 3 75 25 2 4 75 25 2 5 75 25 2 6 75 25 2 7 75 25 2 8 75 25 2 9 75 25 2 10 10 10 3 1 40 10 3 2 40 10 3 3 45 10 3 4 40 10 3 5 40 10 3 6 NA 25 3 7 NA 25 3 8 45 10 3 9 45 10 3 10 100 NA 3 11 75 20 3 12 75 25 3 13 90 20 3 14 75 NA WillowRidge 2nd Addition Wetland Compliance Table Block Lot Wetland Buffer Setback feet Buffer Strip 2 4 75 25 2 5 65 25 2 6 75 25 3 1 40 10 3 2 1 60 25 Planning Commission WillowRidge PUD Amendments and Rezoning June 5, 2012 Page 5 of 5 WillowRidge 2nd Addition Wetland Compliance Table Block Lot Wetland Buffer Setback feet Buffer Strip 3 3 65 20 3 4 50 15 RECOMMENDATION Staff recommends that the Planning Commission approve WillowRidge Planned Unit Development ordinance and adoption of the attached findings of fact and recommendation: ATTACHMENTS 1. WillowRidge PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plat: WillowRidge, WillowRidge 2nd Addition and WillowRidge 3' Addition. gAplan\2012 planning cases\2012-04 residential pud amendments\group 3 -june 5, 2012 public heminglwillowridge\staff report.doc AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning all property within WillowRidge, WillowRidge 2nd Addition and WillowRidge 3`d Addition to Planned Unit Development — Residential. Section 2. The rezoning of this property incorporates the following development design standards: WillowRidge, WillowRidge 2°d Addition and WillowRidge and Addition Zoning Standards a. Intent The purpose of this zone is to create a PUD for single-family detached homes. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Except as modified by the WillowRidge, WillowRidge 2nd Addition and WillowRidge 3`d Addition PUD ordinance, the development shall comply with the requirements of the RSF, Single Family Residential District. b. Permitted Uses The permitted uses in this zone shall be single-family homes and their accessory uses. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Hard Surface Coverage Standards Setbacks: Front Lot Line 25 feet Side Lot Line 10 feet Rear Lot Line 30 feet Wetland: Buffer and buffer setback See wetland compliance table Hard Surface Coverage 25 % in the Shoreland District or 30% out of Shoreland District Lot Requirements: Minimum Lot Size 14,000 Square feet minimum Minimum Lot Width 80 feet Minimum Lot Depth 125 feet 0 Wilul Ridge Addition Wetland Com liance Table Block Lot Wetland Buffer Setback (feet) Buffer Strip 2 1 50 15 2 2 75 25 2 3 75 25 2 4 75 25 2 5 75 25 2 6 75 25 2 7 75 25 2 8 75 25 2 9 75 25 2 10 10 10 3 1 40 10 3 2 40 10 3 3 45 10 3 4 40 10 3 5 40 10 3 6 NA 25 3 7 NA 25 3 8 45 10 3 9 45 10 3 10 100 NA 3 11 75 20 3 12 75 25 3 13 90 20 3 14 75 NA WillowRidge 2nd Addition Wetland Compliance Table Block Lot Wetland Buffer Setback feet Buffer Strip 2 4 75 25 2 5 65 25 2 6 75 25 3 1 40 10 3 1 2 1 60 25 3 1 3 1 65 20 2 0 E WillowRidge 2nd Addition Wetland Compliance Table Block Lot Wetland Buffer Buffer Strip Setback feet 3 4 50 1 15 Section 3. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of , 20, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of City of Chanhassen to amend the WillowRidge, WillowRidge 2"d Addition and WillowRidge 3`d Addition Planned Unit Development — Residential zoning of the property to incorporate minimum standards and reference to the Chanhassen City Code. On June 5, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of City of Chanhassen for rezoning property to Planned Unit Development — Residential (PUD -R). The Planning Commission conducted a public hearing on the proposed rezoning preceded by published notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential, PUD -R. 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: WillowRidge, WillowRidge 2nd Addition and WillowRidge 3`d Addition. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. I) Traffic generation by the proposed use is within capabilities of streets serving the property. 0 0 5. The planning report #2012-04 dated June 5, 2012, prepared by Robert Generous is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the rezoning. ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2012. CHANHASSEN PLANNING COMMISSION Its Chairman 0 0 l _NNI•y Av Y[X.IYu J+Y •l./if•W�W{NWx �a V .. /I, I..l l 8 .__. row nJrr�.•____ � c �. W '! I•. !!I yF I i:: rj ;� `� .S�°M ?, 111____T. -x. ____-i / a..• .I C • � �— � a��1A� �Aii �i il zA i1 F p 4i _! FF —_ �-W3N,iib' Hi R YI, � ! � � ¢/ �� `� � `� � y,xw•. iit� P I .j W ,1 1j.5! %rr`r ;,,;•n'.r* / m 6R7 I!da E rY. �JI .I, §,. �;r 't'�I •r r \ e nl/"p "- � . wz `/b -�' i]�-: •.b__n.. / .«e .ern`- _ .., ..�'.A i F_ i Cc �`>7 / � f i F N/%• •oy` Jd� o N a�.; :+ c.i :� IN {I% F3,:r' ;• �_____u«: -__-__ �. q S r ,, „ / / P ./ /: \.,, .±iI' ISL ni '. 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J � Y I at cm \I I � I •f _F,� ___� 2 1 1, � �y •. � y _} xs Wjl I Z :MI- I� R � _ A2,7:fi0 ix Jiiu„7 �; 11a) K 0 • i! yj"•�a� i(ff,' = Vii' tf! �a V S i �} ail • �' a '} B a a igill6 Z O , p E yY O.t ri [ill a � � � 9 2 OR W crp Com' `C • 1 ,4 I l iI /1 I 4i (' N a I I I / I 11 I /• 1 I 6 � � \ 1 is --64-3 LINDQUIST L i N o o u, s r+ v E N N u M Minneapolis • Denver • Sioux Falls Bruce G. Odlaug (612)371-5792 bodlaug@lindgwst.00m www.lindquistcom June 21, 2012 Kate Aanenson City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Klingelhutz Property Outlot E, Mission Hills Addition Dear Ms. Aanenson: RECEIVE® 'IN 2 2 2012 CITY OF CHAN'; ^C ,EN Lindquist & Vennum PLLP 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Phone: (612) 371-3211 Fax: (612) 371-3207 It has come to our attention concerning the proposed rezoning of the above -captioned property that a question has arisen regarding the access to and from Outlot E to Highway 101. I understand that it was indicated that any access reserved along Highway 101 adjacent to Outlot E was only for farm use purposes. While I realize that this access does not involve the proposed rezoning, I cannot let stand in the discussions or in any documentation somehow indicating that there is not a right to a right -in and right -out access from Outlot E to Highway 101. I represented Al K ingclhatz in connection vvrith the MrDOT taking relating to Highways 212 and 101. As part of our settlement of the condemnation matter with MnDOT, access was reserved from Outlot E to Highway 101 in a Trustee's Deed given by the Klingelhutz Trust to the State of Minnesota dated February 7, 2002. This right of access was an important consideration in the ultimate settlement with MnDOT. I have reviewed my letter to MnDOT dated November 5, 2001, outlining our settlement. I indicate in my letter that Al Klingelhutz and I met with Theresa Burgess, the Chanhassen City Engineer, and Kate Aanenson, Chanhassen City Planner, to discuss this proposed access point. They stated that they did not have a problem with right -in and right -out access, but they would want it located approximately 600 feet north of the freeway intersection so they could maintain an appropriate distance from the 86th Street intersection. The letter also indicated that we have checked with Roger Gustafson, the Carver County Engineer, and he indicates that the County will not have a problem with a right -in and right -out access. SCANNED DOCSat3710624vt • • Kate Aanenson City of Chanhassen June 21, 2012 Paae 2 I would ask that you put this letter in the City files relating to Outlot E so that it is clear as to our position regarding this matter. If you have any questions or need additional information, please let me know. Very truly yours, LINDQUIST & V/EENNUMAPLLP ce G. Odlaug BGO/mlo Cc: Mr. Al Klingelhutz Mr. Michael Klingelhutz Mr. Robert Generous DOCS-#3710624-vr 0 0 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 5, 2012 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kathleen Thomas, Kim Tennyson, Bill Colopoulos, and Kelsey Nelson MEMBERS ABSENT: Lisa Hokkanen STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Ashley Mellgren, Planning Intern PUBLIC HEARING: RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) AMENDMENTS: REQUEST TO AMEND THE FOLLOWING RESIDENTIAL PLANNED UNIT DEVELOPMENTS: MISSION HILLS (WITH REZONING TO RSF), SARATOGA ADDITION, SOUTH LOTUS LAKE, SOUTH LOTUS VILLAS, TRIPLE CROWN ESTATES, WALNUT GROVE, WESTERN HILLS, AND WILLOW RIDGE. APPLICANT: CITY OF CHANHASSEN. PLANNING CASE 2012-04. Generous: As you stated this is the third group of planned unit developments that the City's reviewing as part of this process that we've been going through for the last year. There are 8 developments that are included as part of tonight's review. The first item was the Mission Hills development, which originally came for public hearing on April 17'h and it was requested at the, at the request of one of the property owners that this item be delayed until this meeting so that they could review the proposed ordinance. Little background. We held a neighborhood meeting on May 8"' at the Chan Ree Center for a majority of these planned unit developments. We sent out approximately 1,000 postcards and of that we had 20 people that showed up at the meeting. The notices did contain directions to the City's website so people could see what the proposed ordinance amendment was about and what the actual language was in it. We also had contacts with the City staff that they could call and I think most of the questions were answered for the residents through that way. Some houses, as part of this update may not meet the standards even of the original PUD because the City's practices have changed. Prior to 2004 we did not require anyone to do any permitting for like patios and things like that and so we have numerous instances where hard surface coverage may be exceeded from existing ordinance. However it's not our intent to require anyone to make any improvements or to take out any improvements that they have at this time but as they move forward we would show that they're regulated by this ordinance. Notice that our intent as part of this process to up zone any of the property. We're just trying to move into the zoning ordinance what was approved originally by City Council. The Mission Hills development, here's the location. We were doing these geographically. We're trying to get the north eastern portion of the city. The previous one we did right along the border was the majority of them. Now we're moving a little bit south. Again the Mission Hills development pulls this off because it was part of a different group as we started the process. Walnut Grove, Willow Ridge, Triple Crown Estates, the Saratoga lu and 2nd Addition, Western Hills, South Lotus Lake and South Lotus Villas and the Mission Hills developments are the ones that we're reviewing tonight. And the first one is Mission Hills. It's PUD #93-04 which was originally approved in 2004. The underlying zoning that we're proposing as part of this development are R-8 for the mixed medium density residential for the townhouse portion of the development. BN neighborhood business district for the commercial portion of the development, which is Outlot E and we propose to rezone to single family residential those single family detached homes on Blocks 2 and 3 of Mission Hills development. This property is located east of Highway 101 and north of Highway 212. In the southwest corner of this development is where the commercial portion is. The townhouses are both north and south SCANNED Chanhassen Planning Commission — June 5, 2012 • of West 80" Street and then the single family homes on either side of Mission Hills Lane. And here's an aerial view. As you can see the commercial portion is still vacant right now. All the residential has been developed. Like I stated we are requesting to rezone approximately 7 acres of the detached single family residential from PUD -R to Single Family Residential. All these homes meet the minimum requirements in the RSF district so the only reason they were included in the PUD originally is because they were part of the larger parcel and so they didn't break it out. For the minimum requirements under the Mission Hills portion, which is south of West 86th Street, we're stating that it is as platted because these properties have been turned into condominium units and so we want to keep those in place. If anyone would want to change anything on that they would need to come through and amend the ordinance as part of any new development. Mission Hills 2nd Addition are the townhouses north of West 860' Street. The minimum lot size would be 2,100 square feet with minimum width of 46 feet and minimum depths of 47 feet, and that was based on our review of the plats for these developments so we looked to make sure that they'll comply with that. The PUD overall project approved 194 units and 31 structures. All the stuff was in place as part of the original PUD. In this instance the only parts that we were changing are the minimum lot sizes and then the interior lot line setback requirement because they weren't stated but they were inferred as part of the site plan review process and so we wanted to make it explicit what those setbacks are. The other amendment that we're proposing for the Mission Hills PUD was to allow LED lighting. The City has amended it's code but this one was limited because it specifically addressed the high pressure sodium only so we would add that. And as we learned in the past we've tried to take these projects, each of them individually so that we can have comments and then at the end we would have a motion for all of them to go forward. Staff is recommending approval of this. Aller: I just want to clarify a couple things. So on the LED lighting.. Generous: Yeah, more efficient area lighting for the development Aller: Okay and 1 understand... Generous: Correct. Aller: It doesn't sound Generous: That's correct. The only real changes we're referencing underlying zoning for the overall project. I said for the medium density to R-8 and for the commercial to the neighborhood business district. Aller:... Generous: Correct. And also the uses of the individual units. For instance under our supplemental regulations the City regulates home occupations that you can have up to 25% of your dwelling unit as an office space in your home and it limits you know what type of equipment you can have. The number of vehicles that can come to it and things like that so we want to be able to say that those ordinances also apply in these instances. Aller: Based on those questions does anyone have anything further to ask? Okay. With that I'll open up the public hearing portion so anyone that wishes to speak regarding the proposed amendments with Mission Hills, could you please step forward. State your name and address for the record. Mike Klingelhutz: Mike Klingelhutz, 7940 Airport Road. I'm one of Al Klingelhutz' sons. Aller: Welcome sir. Chanhassen Planning Commission — June 5, 2012 • Mike Klingelhutz: Pardon? Aller: 1 said welcome sir. Mike Klingelhutz: Thanks for letting us speak. Al owns the, that's the last remaining vestige of his family farm there, the PUD. The neighborhood commercial and there's some stuff that we'd like to discuss with you and I was wondering, AI's attorney has been acting with the City and do you guys have copies of that? Aanenson: Yeah, in fact we did, I did respond to your attorney and we did include both letters in the packet so they have this. Mike Klingelhutz: So including the pictures? Aanenson: Yes, they have that. Mike Klingelhutz: And the letters. Aanenson: Yes. Mike Klingelhutz: You know Al's been around a while and lots of people ask him if he misses the rolling hills of his farm and he says I do but a lot of nice, reasonable people have moved in. But his experience with the last piece of property there, he had a buyer for it and the interaction with the buyer and the City didn't go well and the buyer took off running and it was mostly centered around the setbacks and when MnDOT condemned, well under the threat of condemnation MnDOT took quite a bit of property and they wound up having a large chunk between the actual asphalt of the road and it goes way out in the field and I'm here, I'm a farmer and my farm machinery gets tangled up in the right-of-way signs out in the middle of the field and it just seems that the right-of-way is excessive and I have a map here showing this. An aerial view that I got off the Carver County GIS and we went out there and measured it and along the south portion, along the south wall it varies between 70 and 50 feet that MnDOT owns to the property line and along the 101 side it varies from 50 to 35. And with, if you read the letters from the attorney the setbacks along the south wall and Highway 101 are, he's a fair minded guy and they are, and I don't know why you'd need a setback from the south wall that already has 50 to 70 feet. MnDOT own property line and the setback along 101 is probably meets the requirements already what MnDOT owns and if you, when 1 was looking at that aerial photo I dug up this other one with the Kwik Trip in the southwest corner of 101 and 212 and either I'm mistaken or they were allowed to use the MnDOT right-of-way for their setback because the sidewalk is 10 feet and the building is about 15 feet at most from the property line. Aller While that's being passed out, just for your information we do have two letters. One dated May 21 ' and one dated May 29`", as wel I as photographs that are a part of the record. Mike Klingelhutz: Thank you. Good. So what Al is asking for is consideration of perhaps using the MnDOT owned I don't know for lack of a better word call it buffer that they purchased as part of the construction to reduce his setbacks to a minimal amount. Keep in mind we're not asking for anything along the residential side or along the West 86`s side because those make sense and 1 don't know what vehicle you guys could use to facilitate this. If you were in favor of it. Maybe a letter that Al could give to the developer or direction to the staff or, there's nobody on board to develop the property right now but just to facilitate things if somebody does express an interest in it. If you guys would have any consideration for perhaps reducing those setbacks along the south wall and along 101. 1 don't know what options are available to you. Al in his younger days probably could have told you. He served as mayor Chanhassen Planning Commission — June 5, 2012 • and council person and county commissioner for a number of years so there needs to be some discussion about it. AI's not happy and you know there might be a little tension there between the planning department and him, and it's not necessary so I mean if we could just have an intelligent discussion about it, that would suit him and so if you guys have any thoughts about it. Aller: Alright, great. Well I haven't heard anything as far as problems between any of the homeowners and planning. 1 did receive the review along with the rest of the commission. They are part of the record. We have, I have read them. I'm sure other commissioners have read them. I don't have before me the Kwik Trip so perhaps somebody could enlighten me on that a little bit but no, as far as the history of the Kwik Trip. Whether or not it's something that was a variance or part of a PUD. Aanenson: If I may ... I don't think there's any animosity. I hope not on that development. We'd love to see his property develop. There was a large user on this property and if you can see how West 86th... it's very narrow at that. There's no right-in/right-out. It's very narrow right on with 860' Street so the stack up on that, based on the user that was going in there, it would have been what we consider a situation F. It wouldn't have worked. The only other exit coming out of that neighborhood, you'd have to go all the way up through the residential. Up, going up north so that was our concern is you know the trips. I think the other thing that wasn't brought up is the attorney wanted us to consider, you the Planning Commission to consider going to a Business Highway zone. The comprehensive plan did guide this for neighborhood commercial and I think that's what we're looking at right now. Not to say that we wouldn't consider something if something came in and it seemed to work with the traffic and was a good transition for the neighborhood but I think just to give it Business Highway, the only place we have it is on Highway 5 and the Kwik Trip site is neighborhood commercial and they're... so it's similar to what we gave this property so they don't have a higher zoning than you would have on this piece. I think the biggest issue there is just trying to make sure we have something that fits based on traffic, but certainly we'd be willing to look at the buffers. The issue that came up was not the buffers. The issue that came up was the traffic being generated by the use. Alter: So the use that was being applied for, which was problematic. Not the zoning. Aanenson: That they met with the staff on. Nobody ever applied because they found a different site but we're certainly always willing to look at that when a project comes in. Aller: Which goes back to my question to Bob, and I just want to make it clear in my mind at least that from my understanding if we take action today, and this is approved, it doesn't change the rights of the owner. It would be the same rights. In fact it would be a little clearer for you and other individuals as to the use of the property hopefully making that so that someone could come in and take a look at it and say yeah, I can use it now. Before I didn't know so it takes some of the questions out and maybe they'll come forward and I think what I'm hearing from planning is that if we have somebody, somebody does come forward that we'd certainly take a look at that use. It would come before us and we'd look at it either in a variance situation, creating new PUD or modifying the zoning. Mike Klingelhutz: It's not possible to come up with anything more concrete than that? Aanenson: Well I think, the intention I think is that to see a commercial use there. We've sent a lot of other projects that we think are viable that meet the traffic counts and those have been well received because they're maybe a different consideration for value so I think you know the buffer is not the issue. I think it's really more the use and how that relates to being able to access the property, and the residents. 1 think we're up to close to about 200 that exit. Some of them can go north but if you want to go south to get on 212, they would be backed up at peak intervals so depending on what use would be there, if it's a commercial use for example before the Kwik Trip went in, it was contemplated for a gas station there. J Chanhassen Planning Commission —June 5, 2012 • That would be problematic because those people on 86th and other people exiting that neighborhood so all we're saying is we want to take a careful look. We would love to see the property develop but just to make sure it works for people that already live there and for the buyer of the property so that's successful. We always are willing to look at those situations and meet with somebody. Mike Klingelhutz: I did hear you right that Kwik Trip is also Neighborhood Business? Aanenson: Yes. Mike Klingelhutz: Okay, how did they wind up with a building so close to the property line? Aanenson: I can't comment on that. I don't have that information in front of me. If you would direct to staff to look at that and present that information to the City Council, we'd be happy to do that but I don't have that information in front of me right now. Aller: I think that would probably be appropriate because it is before us and so, what I will do at this point is direct staff to go ahead and look at that so it's presented at the meeting for City Council which is set for June 25th, and regardless of what happens today, again we're an advisory so our, what our decision is a recommendation and they can accept it, modify it or change it. Mike Klingelhutz: Okay. I have another question. Aller: Sure, any comments. Mike Klingelhutz: It relates to uses. There was specified uses as part of the original PUD and now it says as Neighborhood Business churches are an interim use and interim means temporary and I don't quite understand that. Generous: In the Neighborhood Business district does it have listed. Oh yes. Mike Klingelhutz: I'm quite sure I saw it in there. I've got to read through it here. Aller: I think you're right. Generous: Yeah, we put a comparison of the BN district and the BH district as part of the ordinances. Aller. Right. Generous: It was more directed towards to look at if you open it up to the Business Highway type uses, you generate more auto related uses and I think that's part of the concern that Kate has expressed about that site because of it's, primary access is 86th Street which is limited commercial roadway as opposed to Highway 101 where I believe they still have a right-in/right-out reserved as part of the acquisition through MnDOT. Mike Klingelhutz: The interim use thing has a very end of the BN thing. Aller: That's Section 20-696 for Interim Uses. So a church. Mike Klingelhutz: So is a church then a permissible use or not? Aller: As an interim use. 0 0 Chanhassen Planning Commission — June 5, 2012 Aanenson: For a short period of time. Mike Klingelhutz: For a short period of time. Aanenson: Yes. Typically they would be. Generous: Store front. Aanenson: Yeah, like they're looking for a permanent site. It might be a start up. Often they're in a, they might be using a space in an existing center and then they're building a... so interim uses typically have a timeframe established with them. For 2 years or something like that. They'd have conditions on it. It might be how big they could get. We have those that start up at schools or other locations and then when they get a big enough congregation they will try to find a permanent site. Aller: And my guess is that we would have to take a good look at the traffic Flow and the hours of the traffic and the hours of services and things like that for them to use the property. Aanenson: And Chair I think what we're thinking is they're building a new church. This could be an existing center that someone wanted to lease some space out of too so. Mike Klingelhutz: I would certainly categorize a church as a neighborhood business from a facility as a neighborhood business. Aanenson: Well it depends. We have some churches that draw from a significant area. Just depending on the size and you know the traffic. But we can certainly look at that too if you direct us to between now and the time it goes to City Council. Mike Klingelhutz: Alright. Well thanks for listening. Aller: Thank you sir. Any additional comments on Mission Hills? Anyone else like to speak? Okay, we have someone else coming forward. If you could please state your name and address for the record please. Jeff Samuel: Hi, I'm Jeff Samuel. I live at 442 Mission Hills Way East Aller: Welcome. Jeff Samuel: And I'm really new to this process but I guess as a resident in Mission Hills I do have a concern about traffic any future use of that property would generate. You know as a resident that could be, make things a lot different than they are now so if things are developed, how are we going to find out about that? What's the process for that? Aanenson: You'd be notified for a site plan review so everybody within 500 feet gets notified. We also put a sign up on the property that tells you that there'll be a hearing and you can look at the staff report. It will be developed some day. Jeff Samuel: Oh yeah I'm sure. Aanenson: And you know again it's just trying to find the right scale. We certainly want you know to see them do something with the property but there's a whole range of potential opportunities so, but we 6 Chanhassen Planning Comm• n — June 5, 2012 would notify all the residents within 500 feet and then you'd get a chance to come in and comment during the public hearing, just as you are now. Jeff Samuel: Okay, super. Thank you. Aller: Great, thank you and for those individuals watching or present, all these items and all the information is found of the City website at ci.chanhassen.mn.us and you can see agendas, minutes, and actual documents that are presented with the reports so if you keep your eye on that on a regular basis you'll see things as they come up. Brian Klingelhutz: Can I ask... Aller: Sure. Just state your name. Brian Klingelhutz: Brian Klingelhutz. Aller: And address sir. Brian Klingelhutz: 8860 Klein Drive in Waconia. Aller: Thank you very much. Brian Klingelhutz: I was just wondering, you know there seems to be so much concern about that 86'" traffic going in and out of there. Why when those other people were looking at it, why didn't we look at the other access? I mean it has another access going in and out. Why wasn't that brought up at that point? Aanenson: What other access? Brian Klingelhutz: When my dad sold it to MnDOT there was another access that goes with that property. Aanenson: That's in MnDOT's jurisdiction. It's my understanding that they were not granted one so again we can talk to the City Engineer regarding that issue and bring that forward when it goes to City Council with the other issue. We'll address those... Brian Klingelhutz: But that would solve that issue. Aanenson: Yeah. Brian Klingelhutz: It could solve it. Aanenson: It could solve it, yeah. It could and yeah, so that's something that MnDOT would decide. They have restriction control when you're within so many feet of the 212 interchange but we can certainly see, we can address that when it goes to the City Council. Brian Klingelhutz: See because when my dad sold it to them he was promised that in and out, you know I mean and now it doesn't seem like nobody wants to give it to us, you know what 1 mean. You know so, because of some rules and so. That would solve a lot of problems if we could get that. Then it wouldn't bother the people in Mission Hills. Chanhassen Planning Commission — June 5, 2012 • Aller: It's really not before us today but what we could do, and I will do and 1 think it's approeriate is to go ahead and direct staff at their suggestion to go ahead, at least get you that answer by the 25' so it's before the Council appropriately and they can look at it and take that into consideration. Okay. Brian Klingelhutz: Alright, thank you. Aller: Okay. Any additional comments? Okay with that I will close the public hearing. Comments. Questions... Generous: Thank you Chairman. The second development is Saratoga Addition Planned Unit Development as PUD number 77-01. It was approved in 1977. The underlying zoning we're proposing for this is R-4 Mixed Low Density Residential District. This property is located just north of the City Center Park here on the north side of Santa Vera Drive and Saratoga Circle. 1 should point out that this plan shows all the development but these lots are actually not part of the planned development. They're currently zoned R4 so we've taken them out on the aerial view. They're existing twin homes on those properties. They're zoned R4. They follow those regulations. Again what we're doing is trying to establish the minimum lot requirements for this development. Single family homes are 10,000 square feet. Two unit structures are 6,000 square feet minimum. Lot dimensions are 60 feet and 120 feet per unit. Setbacks here are 25 feet for the front, which our standard single family R4 setback is 30 feet on the front. The rear is 30 feet and the side setbacks are 10 feet. Hard surface coverage for this development would be 30% and it would be averaged over the entire project because we know that individual lots tend to exceed that. So that was it. It's a very short ordinance. It's just minimum standards for this and as I stated before we're not trying to take anything away from anyone. We'rejust trying to put into ordinance form what was approved as part of the development contract. Aller: ...we'll open the public hearing portion for Saratoga First Addition, Saratoga Second Addition. Anyone wishing to speak please come forward. State your name and address for the record. Seeing no one come forward. Oh, would you like to speak on the Saratoga Addition? Are you here for that? Generous: She's on Western Hills Ramona Kerber: ...I live in both Additions. My driveway is in Saratoga but my. Aller: Why don't you come on up and state your name. Ramona Kerber: I'm Ramona Kerber. Pat Kerber's wife and we are the exception and our home and our property taxes are Western Hills and our driveway is the Saratoga Addition. Aller: And for the record what is your street address? Ramona Kerber: Oh, 7489 Saratoga Circle. Aller: Thank you. And what do you have to say about what we're doing here? Do you have, are you just coming to check us out and? Ramona Kerber: No, we were, well we had talked at the Planning Commission and we found out when our official driveway was closed off from Laredo and we had to go onto Saratoga, we were told that we, because we had two tax statements and we were told that we cannot annex our driveway, Saratoga driveway cannot be annexed onto Western Hills. The County won't allow it. • • Chanhassen Planning Commission — June 5, 2012 Aanenson: If I can. At the open house we had the opportunity to meet with Mrs. Kerber and we teamed a lot. We actually have an anomaly in another place in the city. The County's reluctant to combine lots from two different subdivisions so they actually have an outlot and part of another lot so she actually gets two tax statements and so this property does have the ability to subdivide in the future so we just briefly spoke about that and looking at the new standards so, someone may buy it and keep it. It's a beautiful piece of property. Someone way want to subdivide it but we went through that. At sometime in the future if they replatted it, and we might be able to get it all into one ID but for right now she's okay with the way it is... Ramona Kerber: No big deal to me. I get a tax statement. You know I get two of them. It doesn't matter but like she's saying, it is an acre plus. I think everybody knows where it is. It's right on the Kerber Pond Park and it's an acre plus. We have no desire at the present time to subdivide it. I, we realize that it would be very advantageous to the City of Chanhassen for somebody to come in and subdivide it because I'm sure you'd be getting more tax dollars for that property and we have no desire at the present time. My husband was born there and he said he's going to be carried out there so we have no problems. No qualms. No nothing. But what we were just concerned, the reason why I came, I kind of talked to her, with this attaching and transferring. I mean we cannot annex our driveway onto Western Hills but it's no big deal to us. Aller: Okay. Ramona Kerber: We're satisfied with it. And I believe it was determined that we could, the property could be divided into 2 lots. Aanenson: It looks like it could be at least 2 but we'll see that when it comes through. Ramona Kerber. But there would be kind of inquired about it and discussed it previously. There is a possibility that if a dwelling is removed, and we have the farm building there, it is potential 3 lots. Aller: Okay, which is what I was going to get to. I just want to make it clear why you're here. My understanding would be that any action that we take on either one of these districts won't impact your ability later on to do what you want to do with the property. Ramona Kerber: That's just kind of what we were just you know. Aller: Right, so that's our understanding as we go forward. Ramona Kerber: We're fine. Aller: And we're glad to have you here and we appreciate your input Ramona Kerber: Right but that was just what 1 wanted to do the input on, I really don't know this much ... and I trust you people. You know but that was just with the, we had discussed it earlier with the annexing. You know we thought maybe we could transfer you know but you cannot annex so. Okay, thank you. Aller: Thank you very much. With that seeing no one else coming forward I'll close the public hearing portion. Comments. Discussion. Hearing none we'll move on. Bob. Generous: ...zoning for this development is single family residential district. This property is located off of 101 at South Shore Drive. It has 4 riparian lots and then the rest of it is a single family detached, either 0 0 Chanhassen Planning Commission — June 5, 2012 off of Erie or South Shore Drive and South Shore Court. Again we're not trying to change anything. We just are proposing that the minimum lot standards be approved as part of the PUD ordinance and for this development the minimum lot size is 11,700 square feet with 90 feet of frontage at the building setback line, which was the old standard for single family residential. South Lotus Lake, the lot depth would be 96 feet and South Lotus Lake 2"d Addition is 97 feet so it's just a slight difference in it. Setbacks are the standard single family residential district standards. 30 front and rear and 10 sides and hard surface coverage is 25% within the shoreland district which is within 1,000 feet of the OHW of Lotus Lake and then 30% for the rest of the development. There is wetland on the lake side and it's a 75 foot setback from that, and this one has a perpetual easement for all land below the 902 contour. We've incorporated that as part of the development so staff is recommending approval of the PUD amendment. Aller: I'll open up the public hearing portion of...Anyone wishing to speak on that matter please step forward. Seeing no one come forward I'll close the public hearing. Comments. Questions. Hearing none, let's move on. Generous: Okay, this South Lotus Villas is an adjunct to the South Lotus Lake development. It's PUD #89-04. It was approved in 1989. The underlying zoning is R-12 which is a high density residential district. There are 14 townhouses that were approved as part of this development and it's because it was an outlot of South Lotus Lake that it meets that density. As you can see it's tucked into there. It's right on Highway 101. The common area is driveway for the development. There is a city park on both the northeast and the southwest side of this project. As I said it's two buildings. One 6 unit townhouse and one 8 unit townhouse. Minimum lot sizes are 11,084 square feet. Minimum lot width is 32 feet and minimum lot depths are 35 feet and that was based on review of the approved plat for these developments. Setbacks are 25 feet front, 10 on the sides and that's only on the end buildings not, because there's a 0 setback for common walls and there are no rear setback requirements. The hard surface coverage for the development is 54% so that's the high density is usually at 50% so that's even expanded as a part of this specific project. That's again we'rejust recommending approval of what was amended to the PUD for what was approved so. Aller: ... We'll open the public hearing portion for South Lotus Villas. Anyone wishing to discuss the matter before us, please step forward. State your name and address for the record. Seeing no one step forward, I close the public hearing. Comments. Questions. Hearing none, we'll move onto Triple Crown. Generous: ...approved in 1985. The underlying zoning for this development is RSF which is single family residential district. This property is located on the Kerber Boulevard. It's a little bit north of City Hall. This whole area, if you would look ata zoning map is a planned unit development. There arejust a bunch of different names in it. Again it's single family detached housing on slightly smaller lots than would be in the RSF district. The lot requirements, the minimum lot size is 11,300 square feet. Again our standard lot size is 15,000 square feet for RSF district. Lot width is 70 feet and minimum lot depth is 108 feet. The front setback in this development is 25 feet. Side yard setbacks are 10 feet and the rear is 30 feet. The hard surface coverage for the per lot would be 30% and that's all the amendment that we're proposing for this PUD. Aller: Okay, I'll open the public hearing portion on Triple Crown Estates. Anyone wishing to discuss this matter please step forward. State your name and address for the record. Seeing no one step forward, I close the public hearing. Hearing no questions or comments we will move forward to Walnut Grove. Generous: Chairman, this development is PUD #96-04. It was approved originally in 1996. It is a rather unique development. It has single family detached housing, cottage homes which are like detached townhouses, and then you have attached townhouses as a part of the development. The underlying zoning 10 Chanhassen Planning Commission — June 5, 2012 would be RSF for the single family detached housing on the north side of the project. R4 Mixed Low Density Residential for the cottage homes and then R-8 for all the townhouse units within the development. It's located north of West 78'h Street and east of Galpin Boulevard. It does connect to two single family developments to the north and that's this area is the detached single family homes along here. These smaller lots in the middle transitioning are the cottage homes and then all the townhouses are located on the south side of the project. There are a couple associations. The property to the east is currently vacant and farmed and when this area develops we are looking at extending, there's a trail system that runs right in here to get it over to the lake trail that will be developed when those properties develop in the future. There are 168 townhouses within the development, 44 cottage homes and 35 single family detached lots. The single family, minimum lot size are single family 10,400 square feet, cottage homes 3,400 square feet and townhouses 1,000 square feet. Minimum lot widths for single family are 70 feet, for cottage homes they're 47 feet and for townhomes they're 26 feet and the minimum lot depths for single family are 125 feet which is our standard RSF. For cottage homes they're 78 feet and for the townhomes they were at 39 feet. The single family have our standard setback requirements. 30 front and rear and 10 sides. The cottage home and townhomes have a zero setback requirement because there's a lot of common area within this project and as part of that the overall development maintains a 301/6 hard cover. And then Lots 4 through 17 of Block 2, which are these ones. Block 2's here, have a 25 foot front yard setback because of this stormwater pond that we put into the rear yards so we wanted to allow them to have a little relief on the front setback so they could have a little bit of back yard. With that we're recommending approval of the PUD amendment. Aller: ...open the public hearing portion of Walnut Grove. Anyone wishing to be heard please step forward. State your name and address for the record. Seeing no one come forward, I close the public hearing. Questions, comments. Hearing none we'll move forward to Western Hills. Generous: Western Hills. PUD #79-06 was originally approved in 1979. The underlying zoning for this development is RSF which is single family residential. There are three additions in this project. This, Western Hills is actually it also includes this lot which is Mrs. Kerber's property. It did show up on this plat but we did add it for our overhead so that people are aware that this is part of this development and the standards would apply to that parcel. The minimum lot size is 10,400 square feet. Minimum lot width is 80 feet at the building setback line and minimum lot depth is 125 feet for Western Hills. For the First and Second Additions it's 10,800 square feet for the minimum lot sizes. Minimum lot width is 90 feet and minimum lot depth is 125 feet. The front setbacks are 25 feet except for there are some 20 foot setbacks that are allowed and we pointed those out as part of the ordinance around cul-de-sacs. Side setbacks go from, on the garage side 5 feet and on the house side 10 feet in the Western Hills development and they're 10 foot setbacks on Western Hills First and Second Addition so you can see how confusing this all gets if you don't have it in one spot. And the rear setbacks are 30 feet in both instances and the hard surface coverage is 30%. So we're recommending approval of these amendments to the PUD for Western Hills. Aller: Okay, with that we'll open the public hearing portion for Western Hills. If you wish to be heard on Western Hills, Western Hills First Addition or Second Addition, please step forward. State your name and address for the record. Seeing no one step forward, close the public hearing. Comments or questions. Hearing none we'll move forward to Willow Ridge. Generous: ...that was approved in 1991. The underlying zoning for this development is RSF, which is single family residential. This property is located off of Lake Lucy Road just west of Powers Boulevard. Mulberry Circle is the access into this development. They're all single family detached homes. There's a large pond in the middle of the development and you can see that's related to some of the front yard setbacks that are part of the overall project. The minimum lot size is 14,000 square feet. Minimum lot width is 80 feet and minimum lot depth is 125 feet. The front yard setback is 25 feet. Again we're trying 11 • i Chanhassen Planning Commission — June 5, 2012 to give them a little bit more room so they have some rear yard. Side setbacks are 10 feet and the rear is 30 feet. However you have a wetland buffer and buffer setback required as part of the project. Hard surface coverage is 25% in the shoreland district and 30% outside of the shoreland district. And then this is one of the instances in the ordinance. We actually have a table that shows you what the buffers are for the individual lots and they're based on the legal descriptions rather than an address because an address may change. The legal description won't so it's a way to track the property. Aller: We'll open the public hearing portion of Willow Ridge, Willow Ridge Second and Third Additions. Anyone wishing to be heard, please step forward. State your name and address for the record Seeing no one step forward, closing the public hearing portion. Questions or comments. Hearing none I believe that concludes the presentation. Any discussion? Otherwise the staff is recommending a motion. Anyone like to make that motion? Aanenson: Commission, Chair if I may just a reminder that... Mission Hills to direct us. One to look at the right-of-way setbacks and compare that to what the Kraus -Anderson project... Generous: And the access. Aanenson: And the access. Aller: With the access. So with those modifications. Would somebody like to make a motion that the staff recommends the Planning Commission approve the attached ordinances rezoning the Planned Unit Developments at Mission Hills and RSF for Blocks 2 and 3, Saratoga, South Lotus Lake, South Lotus Villas, Triple Crown Estates, Walnut Grove, Western Hills, Willow Ridge and adopt the attached Findings of Fact and Recommendations along with those three additions to the Mission Hills. Do I have that motion? Undestad: I'll make that motion. Aller: Thank you. Motion being made. Do I have second? Tennyson: I'll second that motion. Undestad moved, Tennyson seconded that the Planning Commission recommends approval of the attached ordinances rezoning the Planned Unit Developments at Mission Hills and RSF for Blocks 2 and 3, Saratoga Addition, South Lotus Lake, South Lotus Villas, Triple Crown Estates, Walnut Grove, Western Hills, Willow Ridge; and adopt the attached Findings of Fact and Recommendations with direction to research access, setbacks to TH 101 and the south property line, and right-of-way setbacks on the commercial property in Mission Hills compared to Kwik Trip. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CODE AMENDMENTS: CHAPTER 20, ZONING CONCERNING PLANNED UNIT DEVELOPMENTS (DUD'S). NON -CONFORMING LOTS, SIGN ILLUMINATION AND INFLATABLE SIGNS AND SEARCHLIGHTS. Aanenson: Mr. Chair, Planning Commission members. We did discuss that at a couple of work sessions. Most recently February 7'h. The City Council also discussed it on their May 14, excuse me February 7'h and 27th and the City Council on May 14th also discussed this. Again there's two issues we wanted to address. One was process and then one was the single family PUD's which some of those you're seeing tonight and the low density specifically we wanted to address. There isn't a minimum lot size in the 12 0 LINDQUIST L IND O U IS T +V E N N U M Bruce G. Odlaug (612)371-5792 bodlaug@lindquist.com www.lindquist.com May 29, 2012 Kate Aanenson City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Re: Klingelhutz Property Outlot E. Mission Hills Addition Dear Ms. Aanenson: Denver • Sioux Falls Lindquist & Vennum PLLP 42DO IDS Center 80 South Eighth Street Minneapolis, MN 55402 Phone: (612) 371-3211 Fax: (612) 371-3207 We are in receipt of your letter dated May 23, 2012, indicating that you cannot recommend the changes in the standards proposed in our letter of May 21, 2012. Your reasons for not being able to make a recommendation is that you believe the requested changes exceed what have been approved in the original PUD for Mission Hills, and that without a specific plan it is premature to make changes in these standards. However, we believe the City is doing exactly what you are objecting to and are changing what has been approved in the original PUD development for Mission Hills. You indicate that you are trying to clarify the term `neighborhood commercial' used in the original PUD by incorporating the BN Neighborhood Business District regulations. We do not believe that the original development approvals relating to "permitted uses" neatly falls in to the BN Neighborhood Business District regulations. We believe the initial approval was broader than this, and that some of the BH Highway and Business Service District permitted uses should be included in the standards. We are not asking that the property be up -zoned, but that the PUD standards include some of the permitted uses in the BH Highway and Business Services District. We believe that this is consistent with the original development approval; and since these are standards, they do not require that they specifically fit into one or the other zoning district. Our second request relating to the setbacks does ask for a change from the original development approval. We are not sure when the original PUD approval was adopted, but it would appear to be prior to the upgrading of Highway 101 and the construction of Highway 212 and the noise wall. The setbacks, as explained in our prior letter, do not make sense when you actually visit Docs -#3700130-v1 SCANNED Kate Aanenson City of Chanhassen May 29, 2012 Pape 2 the property. Outlot E is in an approximately 8.5 acre parcel and the 50 foot setback along 101 and 212 exceeds over 20% of the area of Outlot E. In addition, along Highway 212, there is no rational reason to require a 50 foot setback when the noise wall located up a steep slope is already 50 to 70 feet from the property line. The result is that the existing setback standards make it more difficult to sell or develop the property. Buyers do not like uncertainty, nor do they want to waste their time in working with the property if they are faced with seemingly unreasonable requirements. We do not believe that a specific plan is necessary in order to determine that these setbacks are not appropriate. We believe the setbacks in this situation to be arbitrary and should be modified as requested in order to facilitate ultimate development of this property. Very truly yours, LINDQUIST & VEENNUM PLLP ce G. Odlaug BGO/mlo Cc: Mr. A] Klingelhutz Mr. Michael Klingelhutz Mr. Robert Generous DOCS -#3700180 -vi E • X01 z SCANNED 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.2271110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.2271140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax 952.2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 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 0 May 23, 2012 Mr. Bruce Odlaug Lindquist & Vennum PLLP 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Re: Outlot E, Mission Hills Dear Mr. Odlaug: I am in receipt of your letter of May 21, 2012 regarding the above -referenced property and the City's proposed ordinance amending the Planned Unit Development (PUD) to incorporate interior lot line setbacks and references to the Neighborhood Business District (BN). The property owner of Outlot E, Mission Hills requested through you that we reference the BH, Highway and Business Services District for the commercial development. At this time, staff is only trying to codify the Planned Unit Development according to what is in place. With this amendment, staff is trying to clarify the term "neighborhood commercial" use by referencing the BN, Neighborhood Business District regulations. Any up -zoning of the PUD would be more appropriate at the time of development review for that property, rather than in conjunction with the current amendment process. Additionally, the property owner of Outlot E has requested that the setback requirements from Highway 212 be revised from 35 feet for parking and 50 feet for the building, to 10 feet for both; and from Highway 101 be revised from 35 feet for parking and 50 feet for the building, to 15 feet and 25 feet, respectively. Without a specific plan to determine the appropriateness of the setbacks, it is premature to make the change. If, at the time of development review, it is determined that different setback requirements are necessary to achieve the vision for a neighborhood commercial use, then the standards can be amended. The property owner has the right to apply for an amendment of the PUD standards. However, as part of the current amendment process, we believe the requested changes exceed what had been approved with the original development approvals for Mission Hills. As part of our report, we wile address your letter and include it in the packet, but cannot recommend such a change at this time. If you have any questions or need additional information, please contact me at (952) 227-1139 or kaanenwn@ci.chanhassen.mn.us. Sincerely, 1:Pok" Kate Aanenson, AICP Community Development Director Web Site www.d.chanhassen.mn.us c: Todd Gerhardt, City Manager Roger Knutson, City Attorney gdplanHOQ plaming a Q(112-04 residnnial pud amendmentslgroup 3 -jure 5, 2012 public hearing\mission hilkUe ler to brace odaug re klingelhumdoc SCANNED Chanhassen is a Community far Life - Providing for Today and Planning lot Tomorrow CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-04-3 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, June 5, 2012, at 7:00 p.m. in the Council Chambers in Chan- hassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a requestto amend thefol- lowing Planned Unit Developments, Residential (PUD -R): Mission Hills, Saratoga Addition, South Lotus Lake Addition, South Lotus Vil- las, Triple Crown Estates, Walnut Grove, Western Hills and Willow - Ridge; and rezoning of Blocks 2 & 3, Mission Hills, from Planned Unit Development -Residential (PUD -R) to Single Family Residential (RSF). Applicant: City of Chanhas- sen. A plan showing the location of the proposal is available for public review on the City's web site at www ci.rhanhaemn.mn.us/2012-04-3.htm1 or at City Hall during regular busi- ness hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen. mn.us Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday, May 24, 2012; No. 4622) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as rhe Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. �I (B) The printed public notice that is attached to this Affidavit and identified as No._V d_1�__ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghlIkhonopgrstuvwxyz Subscribed and swam before me on this all ��day of J_� y !�_12012 No lic ey. " Laurie A. Hartmann ARK TA 0im i31i13 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter ............................................... $12.59 per column inch SCANNED CITY OF CHANHASSEN RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) OPEN HOUSE Tuesday, May 8, 2012, 6-7 pm Lake Susan Room Chanhassen Recreation Center 2310 Coulter Boulevard SCANNED Dear Property Owner: City staff would like to invite you to an open house to discuss a proposed amendment to the zoning on your property. Over the past year, staff has been investigating the approximately 50 Residential Planned Unit Developments (PUD -R) throughout the City. Staff has discovered the following after researching the different projects: • The more recent ordinances reference the underlying zoning districts; however, they may not adequately reference the Chanhassen City Code. • The PUD subdivisions created in the:1980's and early 1990's reference the Design Standards as part of the Development Contract, rather than with the adoption of the Design Standards in the PUD Ordinance. • Prior to 1980 no design standards or development contracts exist. Rather the project references a development plan. • During the 1970's, any Residential Single -Family development exceeding 25 luts was requires to be processed as a Planned Residential Development, even if the development complied with all requirements of the s'ardard zoning • regulations. The goal of the proposed amendments is to codify the developments as they exist today and to provide clarity as to the standards for your neighborhood. The purpose of the open house is to allow you an opoortunity to discuss the proposed changes with City staff prior to this item going forward for a public hearing. Your comments will be greatly appreciated. Additional information can be found on the City's web site at www.ci.chanhassen.mn.us/serv/plan/12-04.html. If you have any questions or need additional information, please contact Bob Generous, Senior Planner, at (952) 227-1131 or by email at bgenerous gnci.chanhassen mn us. This map is neithe• 'TO FO1�t��jtY ctyone. Thi- y�S,B gEz� SO 91�OIL �'g is to �i Aa I,g to ..,at the Geog� „rtor free, and the Cit, g'Q� .gational, tracking or any olh, ..,;e of direction or precision in the d, discrepancies are found please contact 9 ...ger is provided pursuant to Minnesota Statutes §- ..is user of this map acknowledges that the City shall not bt _yes, and expressly waives all claims, and agrees to defend, inde. .,, harmless the City from any and all claims brought by User, its employees cents, or third parties wh elo�t� � !"se of data provided. CITY OF CBANBASSEN 7700 Market Boulevard P.O. Box 147 Ch,nhassen, Minnesota 55317 ^i.chanhassen.mn.us 3 049J82036654 $ 00.450 04/20/2012 w Mailed From 55317 US POSTAGE IN C/ KRISTIN L SMRCHEK 3712 WOODDALE AVE S #1 p6bK ST LOUIS PARK MIN 55416-5166 WALNUT GROVE ' RESIDENTIAL PUD ....c, �E WbTl 0 �p66 1 ER Disclaimer vEt�.aR� This map is neithe• 'TO FO1�t��jtY ctyone. Thi- y�S,B gEz� SO 91�OIL �'g is to �i Aa I,g to ..,at the Geog� „rtor free, and the Cit, g'Q� .gational, tracking or any olh, ..,;e of direction or precision in the d, discrepancies are found please contact 9 ...ger is provided pursuant to Minnesota Statutes §- ..is user of this map acknowledges that the City shall not bt _yes, and expressly waives all claims, and agrees to defend, inde. .,, harmless the City from any and all claims brought by User, its employees cents, or third parties wh elo�t� � !"se of data provided. CITY OF CBANBASSEN 7700 Market Boulevard P.O. Box 147 Ch,nhassen, Minnesota 55317 ^i.chanhassen.mn.us 3 049J82036654 $ 00.450 04/20/2012 w Mailed From 55317 US POSTAGE IN C/ KRISTIN L SMRCHEK 3712 WOODDALE AVE S #1 p6bK ST LOUIS PARK MIN 55416-5166 CITY OF CHANHASSEN RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) OPEN HOUSE Tuesday, May 8, 2012, 6-7 pm Lake Susan Room • Chanhassen Recreation Center 2310 Coulter Boulevard SCANNED Dear Property Owner: City staff would like to invite you to an open house to discuss a proposed amendment to the zoning on your property. Over the past year, staff has been investigating the approximately 50 Residential Planned Unit Developments (PUD -R) throughout the City. Staff has discovered the following after researching the different projects: • The more recent ordinances reference the underlying zoning districts; however, they may not adequately reference the Chanhassen City Code. • The PUD subdivisions created in the 1980's and early 1990's reference the Design Standards as part of the Development Contract, rather than with the adoption of the Design Standards in the PUD Ordinance. • Prior to 1980 no design standards or development contracts exist. Rather the project references a development plan. • During the 1970's, any Residential Single -Family development exceeding 25 lots was required to be processed as a Planned Residential Development, even if the development complied with all requirements of the standard zoning • regulations. The goal of the proposed amendments is to codify the developments as they exist today and to provide clarity as to the standards for your neighborhood. The purpose of the open house is to allow you an opportunity to discuss the proposed changes with City staff prior to this item going forward for a public hearing. Your comments will be greatly appreciated. Additional information can be found on the City's web site at www.ci.chanhassen.mn.us/serv/plan/12-04.html. If you have any questions or need additional information, please contact Bob Generous, Senior Planner, at (952) 227-1131 or by email at bgenerous(aDci.chanhassen.mn.us. CITY OF CHANHASSEN 7700 Market Boulpv -' P.O.Bnv"_ v ROUEN gg3 N T SAN 00Rg5.5 �, 41 RE? VRNEFt ON FOR qEa 0307,2, 2 SEA �£ ?o s"o77e M0 R T aR 47 Disclaimer sso17 S This map is neither a legally recordsas one. „ map is a compilation c city, wunh�sstate and federal offices 6e -1 1,1„1'1111111' - •dnous b ty, 1 -.da shown. and is to be used for reference purpos not warrant that the Geographic Information System (GIS) L ._pare this map are error free, and the City does not represent that the GI: wm be used for navigational, tracking or any other purpose reguinng exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03. Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims. and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties w{ er use of data provided. 041 3 049J82036654 $ 00.450 0 04/20/2012 W Mailed From 55317 US POSTAGE V) DEBORAH A LOVEN 2097 BANEBERRY WAY E CHANHASSEN MN 55317-8360 )rlli„Iri..1111.1111i1rrl)r1it,rlfr,f11r11„rlrlrrirr,i,lir,l CITY OF CHANHASSEN RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) OPEN HOUSE Tuesday, May 8, 2012, 6-7 pm Lake Susan Room • Chanhassen Recreation Center 46 2310 Coulter Boulevard SCANNED Dear Property Owner: City staff would like to invite you to an open house to discuss a proposed amendment to the zoning on your property. Over the past year, staff has been investigating the approximately 50 Residential Planned Unit Developments (PUD -R) throughout the City. Staff has discovered the following after researching the different projects: • The more recent ordinances reference the underlying zoning districts; however, they may not adequately reference the Chanhassen City Code. • The PUD subdivisions created ftthe 1980's and early 1990's reference the Design Standards as part of the Development Contract, rather li$n with the adoption of the Design Standards in the PUD Ordinance. • Prior to 1980 no design standargls or development contracts exist. Rather the project references a development plan. • During the 1970's, any Residential Single -Family development exceeding 25 lots was required to be processed as a Planned Residential Development, even if the development complied with all requirements of the standard zoning • regulations. The goal of the proposed amendments is to codify the developments as they exist today and to provide clarity as to the standards for your neighborhood. The purpose of the open house is to allow you an opportunity to discuss the proposed changes with City staff prior to this item going forward for a public hearing. Your comments will be greatly appreciated. Additional information can be found on the City's web site at www.ci.chanhassen.mn.us/serv/i)lan/12-04.html. If you have any questions or need additional information, please contact Kate Aanenson; Community Development Director, at (952) 227-1139 or by email at kaanenson(Lbci.chanhassen.mn.us. VVESTERN HILLS RESIDENTIAL PUD 0 CITY OF CHANHASSEN 7700 Market Boulevard rrhg �r °.a fl -70 — Disclaimer P2 VN 9 p9 Ov\*o7�\\\7,,,\\,l\ as This o one. Thip iss map neither a�compi 31??O city, county, state and federalIs to antl Geographiceused for Information stem \7\��nce\'\," -ten that the y \ �y are error free, and the City does not represent that _ for navigational, tracking or any other purpose requiring exact .,, of distance or direction or precision in the depiction of geographic fe .� errors or discrepancies are found please contact 952-227-1107. The preceuing disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents. or third parties whkWVm" use of data provided. a � � P.O. Bax 147 Charm 117 G EV =�j,�FOGy�� 1 NOR R 5 0'P GI— ��, 41 �� F 03481 3 049.182036654 'a $ 00.450 04/20/2012 Mailed From 55317 US POSTAGE• W z z U lN 0 SARA E PIROLI 509 DEL RIO DR FWD CHANHASSEN MN 55317-9770 CITY OF CHANHASSEN RESIDENTIAL P&NED UNIT DEVELOPMENT (PAR) OPEN HOUSE Tuesday, May 8, 2012, 6-7 pm Lake Susan Room Chanhassen Recreation Center 2310 Coulter Boulevard Dear Property Owner City staff would like to invite you to an open house to discuss a proposed amendment to the zoning on your property. Over the past year, staff has been investigating the approximately 50 Residential Planned Unit Developments (PUD -R) throughout the City. Staff has discovered the following after researching the different projects: • The more recent ordinances reference the underlying zoning districts, however, they may not adequately reference the Chanhassen City Code. • The PUD subdivisions created in the 1980's and early 1990's reference the Design Standards as part of the Development Contract, rather than with the adoption of the Design Standards in the PUD Ordinance. • Prior to 1980 no design standards or development contracts exist. Rather the project references a development plan. • During the 1970's, any Residential Single -Family development exceeding 25 lots was required to be processed as a Planned Residential Development, even if the development complied with all requirements of the standard zoning regulations. The goal of the proposed amendments is to codify the developments as they exist today and to provide clarity as to the standards for your neighborhood. The purpose of the open house is to allow you an opportunity to discuss the proposed changes with City staff prior to this item going forward for a public hearing. Your comments will be greatly appreciated. Additional information can be found on the City's web site at www.ei.chanhassen.mn.us/serv/plan/12-04.html. If you have any questions or need additional information, please contact Sharmeen AI-Jaff, Senior Planner, at (952) 227-1134 or by email at saljaff(Dci.chanhassen.mn.us. CITY OF CHANHASSEN RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD -R) OPEN HOUSE Tuesday, May 8, 2012, 6-7 pm Lake Susan Room Chanhassen Recreation Center 2310 Coulter Boulevard Dear Property Owner: City staff would like to invite you to an open house to discuss a proposed amendment to the zoning on your property. Over the past year, staff has been investigating the approximately 50 Residential Planned Unit Developments (PUD -R) throughout the City. Staff has discovered the following after researching the different projects: • The more recent ordinances reference the underlying zoning districts; however, they may not adequately reference the Chanhassen City Code. • The PUD subdivisions created in the 1980's and early 1990'5 reference the Design Standards as part of the Development Contract, rather than with the adoption of the Design Standards in the PUD Ordinance. • Prior to 1980 no design standards or development contracts exist. Rather the project references a development plan • During the 1970's, any Residential Single -Family development exceeding 25 lots was required to be processed as a Planned Residential Development, even if the development complied with all requirements of the standard zoning regulations. The goal of the proposed amendments is to codify the developments as they exist today and to provide clarity as to the standards for your neighborhood. The purpose of the open house is to allow you an opportunity to discuss the proposed changes with City staff prior to this item going forward for a public hearing. Your comments will be greatly appreciated. Additional information can be found on the City's web site at www.ci.chanhassen.mn.us/serv/plan/12-04.htmi. If you have any questions or need additional information, please contact Sharmeen AI-Jaff, Senior Planner, at (952) 227-1134 or by email at saliaff(D.ci.chanhassen.mn.us. SCANNED