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07-16-24 PC itemPlanning Commission Item July 16, 2024 Item Consider Ordinance XXX: Amendment to the PUDR for the Chaparral, Chaparral 2nd Addition and Chaparral 3rd Addition. File No.Planning Case #24-10 Item No: B.2 Agenda Section PUBLIC HEARINGS Prepared By Rachel Arsenault, Associate Planner Applicant Loren Jenson, Chaparral HOA Present Zoning Planned Unit Development Residential District (PUDR) Land Use Residential Low Density Acerage 76 acres Density Applicable Regulations Ordinance No. 658 - Planned Unit Development Residential - Chaparral, Chaparral 2nd Addition, and Chaparral 3rd Addition. The ordinance amendment is proposing to remove dimensional deck requirements for single-family homes and duplexes. The Chaparral PUDR contains quadplexes, duplexes, and single-family homes. In the current PUDR ordinance decks installed may only be 10 feet by 20 feet. SUGGESTED ACTION Motion to recommend the City Council adopt Ordinance XXX: Amending the Chaparral Planned Unit Development Residential (PUDR) SUMMARY This proposed ordinance removes deck dimensional requirements for single-family houses and duplexes within the Chaparral PUDR. The requirements for the quad-plex units will remain the same in the 211 application of regulations, however we are using this opportunity to clarify the wording of the regulations for future reference. Amendment to the PUD as it relates to the quad plex units has not been requested by the HOA. BACKGROUND Loren Jenson as a representative of the Chaparral HOA approached the city to propose an amendment to the PUDR for Chaparral due to recent inquiries to the city's planning department for regulations regarding the addition of new decks for duplexes within Chaparral. The Chaparral HOA no longer wishes to regulate duplex decks to only be built one size and would like to implement a new regulation of a maximum size, providing more flexibility for homeowners. Additionally, the Chaparral HOA states the requirement for a 10-foot by 20-foot deck creates a financial burden for the HOA given the current cost of labor and materials. In discussion and review with the city, staff has concluded it is more effective to remove the regulations; if the HOA wishes to regulate the sizes, it should be regulated through their HOA bylaws. Within the City of Chanhassen, Chaparral is the only PUDR to regulate deck dimensions explicitly. Elsewhere in the city, decks are implicitly regulated through building setbacks. DISCUSSION RECOMMENDATION Staff recommends the Planning Commission recommend approval of the Ordinance as presented. ATTACHMENTS Application zoning ordinance amendment Chaparral Affidavits of Mailing combined 24-10 Proposed Redlined Ordinance - Chaparral PUD 212 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (9521 227 -1 100 / Fax: (952) 227 -1110 Submittal Date *crTYorcHmHAssrtt APPLICATION FOR DEVELOPMENT REVIEW PC Date CC Date 60-Day Review Date Section 1: Application Type (check all that apply) (Reter to the approqiate Application Checklist fot rcquied subfiiflal information that must accompany this application) n Comprehensive Plan Amendment.....,.... E Conditional Use Permit (CUP) E Single-Family ResidenceE ntt otners................. E lnterim Use Permit (lUP) E ln conjunction with Single-Family Residence.. $325n Att others .......$500 n Rezoning (REZ) E Planned Unit Development (PUD) . E Minor Amendment to existing PUD n Ati others...... E Sign Plan Review..,..,.......... ....... $150 n Site Ptan Review (SPR) E Administrative ......... .. ........ $100E Commercial/lndustrial Districts"................ ..... $500 Plus $10 per 1 ,000 square feet of building area:(_ thousand square feet) 'lnclude number of gllllhg employees: 'lnclude number of oeq employessi ! Residential Districts........................... .. .......... $5OO Plus $5 per dwelling unit ( units) E Subdivision (SUB) n Create 3 lots or less E Create over 3 lots ....$'1000 + $'15 per I(_ lots) ,....... $600 . $325 . $500 $7s0 $100 $500 E Metes & Bounds (2 lots) E Consolidate Lots.........,. ..... $500 ... .. .. $300 ........... $ 1 50 .$150 s700. $200 $1s0 $275 $200 $s00 'Additional escrow may be requlred for other applications through the development contract. E Vacation of Easements/Right-of-way (VAC)........ $300 (Addational recording fees may apply) tr n tr E E Administrative Subd. (Line Adjustment)..... E Final Plat + $15 per lot................................(lncludes $450 escrow for attorney costs) Variance (VAR).................. Wetland Alteration Permit (WAP) E Single-Family Residence.............. E Att others...... Appeal of Administrative Decision....... Zoning Ordinance Amendment (ZOA) Nq[E: When multiple applications are processed concufiently, the apprcpriate fee shall be charged tor each application. ! Property Owners' List within 500' lcity to generale after pre-apptication meeting) .............. ........ $3 per address (_ addresses) ! Escrow for Recording Documents (check all that apply)........... ....$ perdocument* ! Conotion"r u;; F;;ii - -G0'- tr-i,i;,* u;"#,;it iio - si6 Ph; eireemehi - $as n Wetland Alteration Permit - $50 n Easements (- easements) $85 ! Vacation - $85 n Variance - $50 E Metes & Bounds Sub (2 deeds) $250 E Deeds - $100 19141 6gg' 500 Section 2: Required lnformation Description of Proposal: Property Address or Location Ps16s1 g; N/A Chaparral, Chaparral 2nd Addition and Chaparral 3rd Addition Legal Descript ;qn N/A Total Acreage: Present Zoning Wetlands Present?n ves E tto Requested Zoning N/A Residential Residential Present Land Use Designation:Requested Land Use Designation Existing Use of Property Residential E Check box if separate narrative is attached 213 Section 3: Property Owner and Applicant lnformation APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any malter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name Contact Phone: City/State/Zip Email: Address Signature: Cell: Fax: Date PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. prr". Loren Jenson Contact: Address ZO L Phone: city/state/zip 61 2-644-237 53Cell: Fax: Date Cell: Fax: Contact Phone: Email loren jenson@hotmail.com Signature PROJECT ENGINEER (if applicable) Name: Address City/State/Zip Email: completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before flling this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requiremenls. A determination of completeness of the application shall be made within '15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This application mu Section4: Notification lnformation Owner Email lorenjenson@hotmail.com *Other Contact lnformation : Name. Christy UlbrichE Property E Applicant ! EngineerE otrer Ema I EmaiL Email AddfeSS: 15710 Hiqhwood D, City/State/Zip Email sclp@pen es@yahoo com INSTRUCTIONS TO APPLICANT: Com plete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. Who should receive copies of staff reports? 214 hri=f Ulbn;ch 1b= -L3\- g\33 215 My name is Loren Jenson. I own a property in the Chaparral Homeowners Association (the "Chaparral HOA') and I am the President of such association. The Chaparral HOA consists of 98 duplexes in the Chaparral, Chaparral 2d Addition and Chaparral 3'd Addition to Planned Unit Development (the "PUD"). There are no duplexes from other associations in the PUD. The Chaparral HOA wishes to amend Ordinance No. 658 regarding deck sizes for duplexes only. Therefore, the desired change to Ordinance No.658 (the "Ordinance") would only affect the Chaparral HOA. Currently, the Ordinance states that decks must be exactly 10 feet by 20 feet. The current required deck size is large relative to the size of duplexes in the Chaparral HOA (such duplexes are less than 2,000 square feet). Also, the current required deck size creates a financial burden for the Chaparral HOA given the current cost of materials, labor, etc. to build a deck. Therefore, the Chaparral HOA wishes to amend the Ordinance to state that decks for duplexes shall not exceed 10 feet bv 12 feet. /+rz7 216 fropoertr new *o,r),iA V un)renl'rn*l , ORDINANCE NO.658 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COLINCIL OF THE CITY OF CHANIIASSEN ORDAINS Section 2 standards: The rezoning of this property incorporates the following development design Section l. Chapter 20 ofthe Chanhassen City Codc, the City's zoning ordinance, is hereby amended by rezoning all property within Chaparral, Chapanal 2"d Addition and Chapanal 3'd Addition to Planned Unit Development - Residential. Chaparral Zoning Standards a. Intent The purpose of this zone is to create a PUD for 169 single-family, 98 duplcxes and I 56 quad units. The use ofthe PUD zone is to allow lor 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 sitc design. Except as modified by the Chaparral PUD ordinance, the development shall comply with the requirements of the R-4. Mixed Low Density Residential District for the single-family and duplex units and R-8. Mixed Medium Density Residential District lor the quad units. b. Permitted Uses The permitted uses in this zone shall be 169 single-family. 98 duplex and 156 quad residential units and their ancillary uses. lf there is a question as to whether or nol a use meets the definition, the Planning Director shall make that interpretation. c. Minimum Lot Size: Single-Family - 10,000 square feet Duplex - 4.300 square feet Quad - 3,400 square feet Minimum Lot Width: Single-Family - 80 feet Duplex - 35 feet Quad - 35 feet Minimum Lot Depth: Single-Family - '120 feet Lot Requirements and Setbacks I 217 Duplex - 120 feet Quad 70 feet The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Standards Front 30 feet Side l0 l'eet Rear l0 leet Kerber Boulevard and Powers Boulevard Hard Surface Coverage 30 o/o * +Thc entirc development may not exceed 30 percent hard coverage. tndividual lots may exceed the 30 percent site coverage. o uad unirs: by 12 feet. Screened patios and porches c.innot extend from the building thrther than l0 feet Screened patios and porches must maintain a 20-foot front and rear yard setback Screened patios and porches may not exceed lO-lbot by 20-foot dimension. The City approved for the quad units a variance to permit decks and porches rvith an I8- foot front setback. Decks/porches may not exceed depth of l2 feet. Section 3. The zoning map of the City of Chanhassen sha.ll 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 ofthe 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 eflective immediately upon i1s passage and publication PASSED AND ADOPTED this 27'h day of July, 2020 by the Ciry Council of the City of Chanhassen. Minnesota .) E *", /"1*- Interim City Manager Effiil.,M")", (Published in the Chanhasscn L'illuger on August 6,2020) Heather Johnsto 30 feet Decks cannot extend from building further than 10 feet Decks must be l0 feet by 20 feet Decks must maintain 20-foot front yard setback Notwithstanding anything herein to the contrarv, decks for Duplexes shall not exceed 10 feet 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING THE CHAPARRAL PLANNED UNIT DEVELOPMENT ZONING ORDINANCE NO. 658 THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Ordinance No. 658 is hereby amended to read as follows: Chaparral Zoning Standards a.Intent The purpose of this zone is to create a PUD for 169 single-family, 98 duplexes and 156 quad 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 Chaparral PUD ordinance, the development shall comply with the requirements of the R-4, Mixed Low Density Residential District for the single-family and duplex units and R-8, Mixed Medium Density Residential District for the quad units. b.Permitted Uses The permitted uses in this zone shall be 74 169 single-family, 98 duplex and 156 quad residential units and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. c.Lot Requirements and Setbacks Minimum Lot Size: Single-Family – 10,000 square feet Duplex - 4,300 square feet Quad – 3,400 square feet Minimum Lot Width: Single-Family – 80 feet Duplex - 35 feet Quad – 35 feet Minimum Lot Depth: Single-Family – 120 feet Duplex - 120 feet Quad – 70 feet 234 2 The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Standards Front 30 feet Side 10 feet Rear 10 feet Kerber Boulevard and Powers Boulevard 30 feet Hard Surface Coverage 30 % * *The entire development may not exceed 30 percent hard coverage. Individual lots may exceed the 30 percent site coverage. Decks cannot extend from building further than 10 feet Decks must be 10 feet by 20 feet Decks must maintain 20-foot front yard setback Quad Units: Front Setback Rear Setback Max Depth Max Width Screened Patio 20 feet 20 feet 10 feet 20 feet Screened Porch 18 feet 20 feet 12 feet 20 feet Deck 18 feet 10 feet 12 feet 20 feet Screened patios and porches cannot extend from the building farther than 10 feet Screened patios and porches must maintain 20-foot front and rear yard setback. Screened patios and porches may not exceed 10-foot by 20-foot dimension. The City approved for the quad units a variance to permit decks and porches with an 18- foot front setback. Decks/porches may not exceed depth of 12 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 _____, 2024, by the City Council of the City of Chanhassen, Minnesota Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the ______________________on ______________________) 235