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PC Staff Report 06-19-2012 Minnewashta CreekPC DATE: June 19, 2012 CC DATE: July 23, 2012 REVIEW DEADLINE: NA CASE #: 2012 -04 -4 BY: REG lb PROPOSED MOTION: The Planning Commission recommends City Council approve the attached ordinance rezoning the Planned Unit Development — Residential to incorporate the development standards for Minnewashta Creek 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 Residential Low and Medium Density District (RLM) 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: Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill 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) MINNEWASHTA CREEK S RESIDENTIAL PUD b 3 m� m ood C42P D 2020 LAND USE PLAN: Residential Low Density (net density 1.2 — 4 units per acre) ACREAGE: 18 acres DENSITY: net: 2.55 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. Planning Commission Minnewashta Creek PUD Amendment & Rezoning June 19, 2012 Page 2 of 5 BACKGROUND The City approved a development contract as the regulating document for this development. The final development includes single - family homes. On May 5, 1976, the plat of Minnewashta Creek First Addition was filed with Carver County. It created three (3) lots and two (2) outlots. Lot 1, Block 1 contained a single - family home. Lots 1 and 2, Block 2, were created for single - family homes. Outlot A was reserved for future subdivision and Outlot B was created to act as a beachlot. On April 26, 1979, the plat of Minnewashta Creek Second Addition was filed with Carver County. This subdivision re- platted Outlot A, Minnewashta Creek First Addition into 36 lots to house single - family homes. The lot areas ranged from 12,665 square feet to 38,850 square feet with an average lot size of 18,899 square feet. On May 28, 1982, the plat of Minnewashta Creek Third Addition was filed with Carver County. This subdivision re- platted the most westerly six lots of the Minnewashta Creek Second Addition into twelve (12) twin -home lots. Two of these lots were consolidated and contain a single - family home. This subdivision reduced the average lot size for Minnewashta Creek Second Addition from 18,899 square feet to 16,594 square feet. On November 28, 2005, the City approved a three -lot subdivision with a variance for the use of a private street, re- platting Lot 1, Block 1, Minnewashta Creek First Addition. REZONING The City is requesting to rezone approximately 18 acres to Planned Unit Development - Residential (PUD -R) to incorporate the unique development standards and referencing the Residential Low and Medium Density District (RLM). The project consists of 36 single - family attached units, 10 twin -home units and a recreational beachlot. 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 a mix of attached and detached housing units. 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 Minnewashta Creek PUD Amendment & Rezoning June 19, 2012 Page 3 of 5 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: Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill Zoning Standards: a. Intent The purpose of this zone is to create a PUD for single - family houses. 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 Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill PUD ordinance, the development shall comply with the requirements of the Residential Low and Medium Density District (RLM). b. Permitted Uses The permitted uses in this zone shall be single - family attached or detached residential development and their ancillary uses. The attached single - family units shall be limited to Planning Commission Minnewashta Creek PUD Amendment & Rezoning June 19, 2012 Page 4 of 5 Minnewashta Creek Third Addition. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The beachlot located on Outlot B, Minnewashta Creek First Addition as specified in the Conditional Use Permit approved in 1979 and Non - Conforming Use Permit 92 -1 is an accessory use. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks: Minnewashta Creek First Addition Standards Setbacks: Setback for Minnewashta Parkway 30 feet Lake Shore setback 75 feet Side Yard Setback 10 feet Rear Yard Setback 30 feet Hard Surface Coverage 25% Lot Requirements: Minimum Lot Size 20,000 Square feet Minimum Lot Width 90 feet Minimum Lot Depth 125 feet Minnewashta Creek Second Addition Standards Setbacks: Setback for Minnewashta Parkway 30 feet Front Yard Setback 25 feet Side Yard Setback 10 feet Hard Surface Coverage 25% Lot Requirements: Minimum Lot Size 12,665 square feet Minimum Lot Width 85 feet Minimum Lot Depth 125 feet Minnewashta Creek Third Addition Standards Setbacks: Front Yard Setback 20 feet Rear Yard Setback 30 feet Side Yard Setback 10 feet Hard Surface Coverage 30% Planning Commission Minnewashta Creek PUD Amendment & Rezoning June 19, 2012 Page 5 of 5 Lot Requirements: Minimum Lot Size 8,226 square feet Minimum Lot Width 45 feet Minimum Lot Depth 125 feet Minnewashta Creek Hill Standards Setbacks: Setback for Minnewashta Parkway 50 feet Rear Yard Setback 30 feet Side Yard Setback 10 feet Hard Surface Coverage 25% Lot Requirements: Minimum Lot Size 15,000 square feet Minimum Lot Width 100 feet Minimum Lot Depth 125 feet RECOMMENDATION Staff recommends that the Planning Commission approve Minnewashta Creek Planned Unit Development ordinance and adoption of the attached Findings of Fact and Recommendation. ATTACHMENTS 1. Minnewashta Creek PUD Ordinance. 2. Findings of Fact and Recommendation. 3. Reduced Copy Plats: Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill. gAplan\2012 planning cases\2012 -04 residential pud amendments \group 4 - june 19, 2012 public hearing\minnewashta creek\staff report minnewashta creek.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 Minnewashta Creek 1 St Addition, Minnewashta Creek 2 "d Addition, Minnewashta Creek 3 rd Addition, and Minnewashta Creek Hill to Planned Unit Development - Residential. Section 2 . The rezoning of this property incorporates the following development design standards: Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill Zoning Standards: a. Intent The purpose of this zone is to create a PUD for single - family houses. 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 Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill PUD ordinance, the development shall comply with the requirements of the Residential Low and Medium Density District (RLM). b. Permitted Uses The permitted uses in this zone shall be single - family attached or detached residential development and their ancillary uses. The attached single - family units shall be limited to Minnewashta Creek Third Addition. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The beachlot located on Outlot B, Minnewashta Creek First Addition as specified in the Conditional Use Permit approved in 1979 and Non - Conforming Use Permit 92 -1 is an accessory use. C. Lot Requirements and Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks: Minnewashta Creek First Addition Standards Setbacks: Setback for Minnewashta Parkway 30 feet Lake Shore setback 75 feet Side Yard Setback 10 feet Rear Yard Setback 30 feet Hard Surface Coverage 25% Minnewashta Creek First Addition Standards Lot Requirements: Minimum Lot Size 20,000 Square feet Minimum Lot Width 90 feet Minimum Lot Depth 125 feet Minnewashta Creek Second Addition Standards Setbacks: Setback for Minnewashta Parkway 30 feet Front Yard Setback 25 feet Side Yard Setback 10 feet Hard Surface Coverage 25% Lot Requirements: Minimum Lot Size 12,665 square feet Minimum Lot Width 85 feet Minimum Lot Depth 125 feet Minnewashta Creek Third Addition Standards Setbacks: Front Yard Setback 20 feet Rear Yard Setback 30 feet Side Yard Setback 10 feet Hard Surface Coverage 30% Lot Requirements: Minimum Lot Size 8,226 square feet Minimum Lot Width 45 feet Minimum Lot Depth 125 feet Minnewashta Creek Hill Standards Setbacks: Setback for Minnewashta Parkway 50 feet Rear Yard Setback 30 feet Side Yard Setback 10 feet Hard Surface Coverage 25% Lot Requirements: Minimum Lot Size 15,000 square feet Minimum Lot Width 100 feet 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 g: \plan\2012 planning cases\2012 -04 residential pud amendments \group 4 - june 19, 2012 public hearing \minnewashta creek \minnewashta creek pud ord.doc 3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION I Application of the City of Chanhassen for rezoning of Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill to Planned Unit Development — Residential. On June 19, 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 — Residential zoning of the property to incorporate references to the Chanhassen City Code and minimum lot standards. 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. 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Minnewashta Creek First Addition, Minnewashta Creek Second Addition, Minnewashta Creek Third Addition, and Minnewashta Creek Hill. 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 -4 dated June 19, 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 19 day of June, 2012. CHANHASSEN PLANNING COMMISSION IC Its Chairman 4 MINNEWASHTA CREEK FIRST ADDITION H m i D F, A Is I 65 T R A C, S $\1 /Z AA O H m i D F, A Is I 65 T R A C, S -r V4 aeler �1. 01 co. meN. s A N LAKE ZAXEAWNfWA4iCrA WATER rZO✓ArloY 46-1. "70 - f43 M Zr 'NSV,jZq) .GAnMAMP A//&// WA725r e— . 14" r, 944., -L r MINNEWASHTA fGEV 7 AorrET (N6V0 -HZq) ECAAl— S.— ARE AS—. - DENOTES 9" MONUMENT SCALE: I INCH EQUALS 100 FEET M10 !00 NORTH Is I 65 LAKE ZAXEAWNfWA4iCrA WATER rZO✓ArloY 46-1. "70 - f43 M Zr 'NSV,jZq) .GAnMAMP A//&// WA725r e— . 14" r, 944., -L r MINNEWASHTA fGEV 7 AorrET (N6V0 -HZq) ECAAl— S.— ARE AS—. - DENOTES 9" MONUMENT SCALE: I INCH EQUALS 100 FEET M10 !00 NORTH MINNEWASHTA CREEK SECOND /. s6 ADDITIO ° --- '� - - -- ' x�o�x� s,$E xeexowx 5 oxrxerc^t. CE CLARK S ENGINEERING G0. I r I MOW ALL MEN BY THESE PRESENTS: That DONALD B. BERKEY and JANE L. BERKEY. husband and wife, fee owners, RITTER hl 6 WELTER, a genere7 partnerSp consliting of ROBERT J. RITTER end X1RK N, 4ELTER, twtract vendee and RCNARCO Of ELOPMENT, INC., a Minnesota corporation, wntract ventlee of the /ollwtng described Dnperty ittvetd in Carver County, State of Minnesota, to wit: OUTLOT A, MINNENASHTA CREEK FIRST ADDITION cwrdiny to the recoMed plat thereof, have caused to same t be surveyed and DlatGd as MIHNEWASMTA CREEK SECOND ADDITION and do hvso by donate and dedicate to the P""c /or Dutllbllc use forever the ctrdas and do hereby grant to the City o/ Chennal— Me ulty end draiR.R. easeavtnts shown on the plat. 111 WITNESS WHEREOF, sold DONALD B. DER KEY and JANE L. DERKEY husband end wt fe, havo ho—t. set their hands this y Mday of ,��t, 199, IN WITNESS WHEREOF said RITTER S WELTER, a general pa oa ?tlp, nes S" these presents to he signed by ROBERT J. RITTER and MARK N. WELTER, partners In sold partnerinl, . was have bereunto set their hands this day of �yp� 1979. IM XITXESS WHEREOF, said ROWED DEVELOP MENT, INC. h s causM Me se V —F t be signed by Its Droper o /+leers this day o1 1979. RITTER S WELTER Y P I K J A L>`� e er:er �kT Ae no R OFVELO MEHT, o er rei en — Aa kr�1,T_i.,� ¢treasurer STATE OF NI ESOTA COUNTY OF — -/ Of / e B rk � and Berkeyh elaideve otar`y ub c, ^ ". c vnty.Minnesota awn,.a «i � MY Cammisslon p res m2a y r e, i�1 ��GOasalw. aD +Ray as COUNTYOUfMi ESOiH the faregoln9 instrument was acknowledged before me tlls day / I 1979, by Rahert J. Ritter and Welter, genera per oa Mark M. rs and Welty, a general Aar[nersAlp, behalf o/ the partnership, �l_o+ Notary Fabl Cnu —V inn OU MU' Commission Eapins r/�/j,�g�L STATE OF, HI NESOiA COUNTY OF e foregoing fnitroment was acknowledged before me this day / 1979 by Robert J. Ritter, vre (dent, nd Xark W. Ne $acre dry reasure of Romarco Oevetolxaent, Inc. a NlnnesoG orporatlon, on be of the' corporation. �y BaNNNe9CNULTL —. •� `.. �. yy' Notary Fublic, ,� COUnt � y M tm Ny Commission E-1-1 / in 1 hereby certify Chat I have surveyed and platted the property on this let as $ot N I N Said S SUpveYE E that�aI I distances an on In and hundredths of a foot; that ail mo is have Men co redly blared in the ground snldhPlat, on the,e at Me t land, t b be AZ noted Lrstld olaesignatad on \ \ IV Camml as l on expires 1 j "a 4v � { CNANNASSEN, MINNESOTA ,. ` This plat of MiNNENASHTA CREEK SECOND AOOITION was epDroved and accepted by the City Cougcil a1 the City o/ Cie As Mlnnesota, regal ar meeting tnof held this \ LJ.v/. daY of /di ne 197L. _ 1 CARVER COUNTY SURVEYOR, Pursuant to Chapter 595, Minnesota laws of 1971, this plat has been approved thi s ,Em ay of °„ / ,1971. BY Carlisle Media. Carver County Surveyor STATE OF Ml nnesoto ss \s COUNTY OF Hennepin The foregoing Instrument was acknwledged afore m thl,Aday af&,,I973 by Bruce R. Kelley, Land Surveyor. 1 ,�kr•arMic.A'j,,..,Rm�� Notary public, County, MlnnesoG \ \ IV Camml as l on expires 1 j "a 4v � { CNANNASSEN, MINNESOTA ,. ` This plat of MiNNENASHTA CREEK SECOND AOOITION was epDroved and accepted by the City Cougcil a1 the City o/ Cie As Mlnnesota, regal ar meeting tnof held this \ LJ.v/. daY of /di ne 197L. _ 1 CARVER COUNTY SURVEYOR, Pursuant to Chapter 595, Minnesota laws of 1971, this plat has been approved thi s ,Em ay of °„ / ,1971. BY Carlisle Media. Carver County Surveyor MINNEWASHTA CREEK THIRD ADDITION sxlp�- f . VEn Rat PiP x � AND Al— IQ' LN13 11 $1011 ON Tlt ILAT CLARX ENGINEERING CO - z lv,f 'ICP A. 31-20- 47- c,"" W., I LITT- ... ... .. . .... v T� 7 � - "fir �irr aw- �- 509'5521 o-o"t-ta- T m ===.=7 25 OFFICIAL PLAI MINNEWASHTA CREEK HILL - ---� DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: J L __ —__ BEING 5 FEET IN MOTH AND ADJOINING SIDE LOT LINES AND BEING 70 FEET IN MOTH AND ADJOINING REAR LOT LINES AND RICHT—OF—WAY LINES UNLESS OTHERWISE SHOWN. * Denotes 112 inch iron pipe eat marked RLS • Do—l- t..,,d 112 inch inn monument The Westerly line ot Lot 1, Block 1, M)NNEWASHTA CREEK FIRST ADDITION, is --d 1. h.- . bearing of N14*56'00"E. CORNERSTONE LAND SURVEYING, INC 040 0' E. (20, CR Q - k H ILL 'IRS A D ON) 7 3 66 0 NORTH 0 30 60 SCALE IN FEET SHEET 2 OF 2 SHEETS 2 P A C 7 7IT-01r, 0 ., o, s 'A CREQ HILL IRSr ODA,.) r 0 30 60 SCALE IN FEET SHEET 2 OF 2 SHEETS