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PC Staff Report 06-05-2012 South Lotus VillasPC DATE: June 5, 2012 CC DATE: June 25, 2012 REVIEW DEADLINE: NA CASE #: 2012 -04 BY: RG ld 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 Villas and adopt the attached Findings of Fact and Recommendation. CITY OF CHANHASSEN 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 a o r' - � South Srote ..,... - - - -- LLOV SLAS view gip, 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. 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: • A balanced housing supply with housing available for people of all income levels. 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 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 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 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 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 54% 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 (Published in the Chanhassen Villager on Thomas A. Furlong, Mayor 4 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. 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 2 (]FFtntei n. .� PLAT F /LE .SOUTH LOTUS VILLAS C.R. - A A/O. , ao11 AIL tot Bx tr�se el�mvrsl ro.t ta»fer st.ce Developsn[ tbnPxry, . Nln m « Cgegee of I f o t 1r [ [ e1 i a fen aid Nrocaeelm tbrya9e inveetore Corpxe[la, a ttlnrevoG eorporatlon, «[lbvllg bM ProPe[tY sl[uafsd In w oanty of fsrve[, Sete of M1ru,eroG to •1tt —t B, SIMB 1.0410 U�B 3rD kI01T1Qt, amudtlq FD w [aoo[dM Plat w[ «[. sauced the sane m Ee surveyed eM plea. ae SOV01 t — wt— and m hersbY -rote eM d i— to the publ le for pvbllc u« Eorever the Erai,uge aM utility eaeeaente u eMkn on the p1et. t o 14,ass vhereot, W -4 State lope- C oIy Me esteM ! Naaspr to to ., brye��al��9 by to ol . 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