HomeMy WebLinkAbout6.j. An Application from D.R. Horton for a Minor Amendment to the Prestwick Place 2nd Addition Planned Unit Development (PUD) Agreement Related to Impervious Surface Coverage Standards, Case 12-31-AMD – Minor PUD Amendment 4 ROSEMOLINT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: November 5, 2012
AGENDA ITEM: Case 12-31-AMD — Minor PUD Amendment.
An Application from D.R. Horton for a Minor
Amendment to the Prestwick Place 2nd AGENDA SECTION:
Addition Planned Unit Development (PUD) Consent
Agreement Related to Impervious Surface
Coverage Standards.
PREPARED BY: Jason Lindahi, A.I.C.P. AGENDA NO.
Planner (0.4)N
p. j_
ATTACHMENTS: Resolution, Minor Amendment to the APPROV BY:
Prestwick Place 2nd Planned Unit
Development Agreement, Site Map,
Spreadsheet from D.R. Horton JQL
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving a Minor Amendment to the Prestwick Place
2nd Addition Planned Unit Development (PUD) agreement revising the maximum
impervious surface coverage standard, subject to conditions.
2. Motion to authorize the Mayor and City Clerk to execute a Minor Amendment to the
Prestwick Place 2nd Addition Planned Unit Development agreement revising the
impervious surface coverage standard.
SUMMARY
Applicant: D.R. Horton
Location: West of Akron Avenue, north of Connemara Trail.
Area in Acres: 12.3 Acres
Comp. Guide Plan Desig: LDR—Low Density Residential
Current Zoning: R-1,Low Density Residential with the Prestwick Place 2nd Addition
Planned Unit Development (PUD)
The applicant, D.R. Horton, requests an amendment to the existing Prestwick Place 2nd Addition Planned
Unit Development (PUD) agreement. The proposed amendment would increase the maximum
impervious surface lot coverage standard to forty percent (40%) for lots less than 9,750 square feet in size.
According to the applicant, this increase in impervious surface lot coverage is necessary in order to offer
the widest variety of home choices and insure future residents the opportunity to add reasonably sized
improvements such as patios,walkways and three season porches. The graduated hard surface coverage
standard has been applied to all the other final plats approved for DR Horton.
By Ordinance city staff can administratively approve minor amendments to a planned unit development
agreement. This process does not require a public hearing or action by the Planning Commission prior to
staff review and action by the City Council. Council action is required because a PUD agreement is a
contract between the developer and the City. Staff has administratively reviewed this item and recommends
approval.
This amendment impacts only six of the twenty-nine lots in Prestwick Place 2°a Addition because all the
other lots are greater than the 9,750 square foot threshold. Four of the six lots are currently owned by the
applicant while two have been sold to private parties. Because two of the lots are owned by private parties,
the City Attorney recommends that the date, declarant and property description sections of the attached
Minor PUD Amendment remain blank. Once approved by the Council, the applicant will be responsible for
recording the amendment against both the property they own.The two private property owners will also be
responsible for recording the declaration against their lots.
BACKGROUND
The original Prestwick Place 2°a Addition plat and PUD applications were approved by the City in July 2011.
At the applicant's request, the original PUD agreement set impervious surface lot coverage at thirty-five
percent (35%) or five percent (5%) higher than the base R-1 zoning standard. In exchange for the increase
in impervious surface coverage, staff required the applicant to agree to certain architectural enhancements.
The applicant agreed to these requirements and staff believes they will provide unifying architectural
elements to these distinct neighborhoods. These architectural enhancements require the front elevation
designs include one of the following features:
1. Three and a half(3.5) feet of brick or stone wainscoting, excluding windows,doors, or the wall
behind the front porch.
2. A front porch with railing that extends at least 30%of the width of the front elevation,including the
garage.
3. A side entry garage.
4. No more than seventy percent (70%) lap siding, excluding doors and windows.
There are two main reasons behind impervious surface lot coverage standards. The first relates to storm
water runoff. The City's Storm Water Management Plan was designed to accommodate urban
development based upon certain assumptions. To create this plan, each zoning district was assigned a
maximum impervious surface coverage standard. Based on these standards, the plan laid out a storm
sewer and ponding system to accommodate the accompanying storm water runoff. It also assigned a fee
for each unit to pay for its impact on the storm water system. By limiting the impervious surface coverage
to the designated standard, the City attempts to manage storm water runoff at a rate similar to natural
open land conditions.
The second reason for impervious surface coverage standards relates to aesthetics and development density.
The proportion of pervious (open land and grass)versus impervious (buildings,patios, driveways, sidewalks)
creates a certain atmosphere of openness or the feel of a more compact neighborhood. The higher the
impervious surface coverage on a given property,the more dense a neighborhood appears.
ISSUE ANALYSIS
The Planned Unit Development amendment process is detailed in Section 11-10-6.E. It classifies
amendments as either major or minor and establishes criteria for determining the classification. The
proposed amendment is considered minor because it does not:
2
1. Substantially alters the location of buildings,parking areas or roads.
2. Increase or decrease the number of residential dwelling units by more than five percent (5%).
3. Increase the gross floor area of nonresidential buildings by more than five percent (5%) or increase
the gross floor area of any individual building by more than ten percent (10%).
4. Increase the number of stories of any building.
5. Decrease the amount of open space by more than five percent (5%) or alters it in such a way as to
change its original design or intended use.
6. Create noncompliance with any special condition attached to the approval of the master
development plan.
The proposed minor amendment will maintain the present thirty-five percent (35%) impervious surface lot
coverage on the majority of the lots in the Prestwick Place 2nd neighborhood (see table below). The
applicant requests to increase the maximum impervious surface lot coverage standard to forty percent (40%)
for lots less than 9,750 square feet. Any lot larger than 9,750 square feet would continue to be subject to the
original PUD standard of thirty percent (35%). Overall, this neighborhood contains 29 single family lots.
Given these standards, 19 lots remain subject to the original PUD standard of thirty-five percent (35%)
while six lots would increase to forty percent (40%) impervious surface coverage (see attached analysis from
D.R. Horton).
Prestwick Place 2nd Addition Impervious Surface Coverage Analysis
Proposed Impervious Coverage Standards
NTotal
Number Less Than 9,750 Square Feet Greater Than 9,750 Square Feet
6 19 29
It should also be noted that the City Council recently approved increased imperious surface coverage
standards for surrounding developments in both Prestwick Place and Greystone. In those developments,
the maximum impervious surface coverage standards are: forty percent (40%) for lots less than 9,750 square
feet in size, thirty five percent (35%) for lots between 9,750 square feet and 11,250 square feet and thirty
percent (30) for lots lager than 11,250 square feet.
CONCLUSION & RECOMMENDATION
Staff recommends approval of a Minor Amendment to the Prestwick Place 2nd Addition Planned Unit
Development (PUD) agreement to increase the maximum impervious surface lot coverage standard to
forty percent(40%) for lots less than 9,750 square feet. Any lot larger than 9,750 square feet would
remain subject to the present PUD standard of thirty-five percent (35%). This amendment will offer a
wider variety of home choices,insure future residents the opportunity to add reasonably sized
improvements (patios,walkways and three season porches) and more closely align the impervious surface
coverage standards for Prestwick Place 2"d Addition with those in the surrounding neighborhoods.This
recommendation is based on the information submitted by the applicant and the findings made in this
report.
3
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012 -
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE PRESTWICK
PLACE SECOND ADDITION PLANNED UNIT DEVELOPMENT (PUD) REVISING
THE MAXIMUM IMPERVIOUS SURFACE COVERAGE STANDARDS
WHEREAS,the Community Development Department of the City of Rosemount received a
request from D.R. Horton, Inc. to amend the Prestwick Place 2nd Addition Planned Unit
Development to revise the impervious surface coverage standards;and
WHEREAS, this revision would increase the imperious surface coverage standard for lots less than
9,750 square feet to forty percent(40%);and
WHEREAS, this revision is consistent with the standards for surrounding developments within the
Prestwick Place and Greystone developments;and
WHEREAS, staff has reviewed the proposed amendment and found it acceptable under the terms
and conditions of the original Prestwick Place 2nd Addition Planned Unit Development and
recommends approval of this minor amendment to this PUD;and
WHEREAS,minor amendments to a planned unit development (PUD) may be reviewed and
approved by the City Council without a public hearing before the Planning Commission;and
WHEREAS, on November 5th,2012, the City Council of the City of Rosemount reviewed the
application and staff's recommendations.
NOW,THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Minor Amendment to the Prestwick Place 2nd Addition Planned Unit Development
increasing the imperious surface coverage standard for lots less than 9,750 square feet to forty percent
(40%), subject to:
1. Execution of the Minor Amendment to the Prestwick Place 2"d Addition Planned Unit
Development Agreement revising the impervious surface coverage standards.
ADOPTED this 5th day of November,2012,by the City Council of the City of Rosemount.
William H. Droste,Mayor
ATTEST:
Amy Domeier,City Clerk
A MINOR AMENDMENT TO THE PRESTWICK
PLACE SECOND ADDITION PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
REVISING THE MAXIMUM IMPERVIOUS SURFACE COVERAGE STANDARDS
THIS DECLARATION made this day of , 2012, by and between
a , (hereinafter referred to as the "Declarant"), and the
CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the
"City");
WHEREAS, Declarant is the owner of the real property described as Lot .Block ,
PRESTWICK PLACE 2"a ADDITION,DAKOTA COUNTY,MINNESOTA (hereinafter referred
to as the "Subject Property"); and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
"Prestwick Place Second Addition Final Site and Building Plan Planned Unit Development
Agreement", dated July 11, 2011 and recorded with the Dakota County Recorder as document
number T701832 on August 8, 2012, (hereinafter referred to as the "Planned Unit Development
Agreement"); and
WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as
hereinafter provided, which amendment has been approved and consented to by the City of
Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its
officers affixed hereto.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be,
held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and
restrictions, hereinafter set forth.
1. The use and development of the Subject Property shall conform to the Planned Unit
x modified Development Agreement except as od ed herein.
a. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: Increase the maximum lot
coverage for lots less than 9,750 square feet in size to forty percent(40%).
1
2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development
Agreement shall remain in full force and effect.
3. The obligations and restrictions of this Amendment run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the
City of Rosemount acting through its City Council. This Amendment may be amended
from time to time by a written amendment executed by the City and the owner or owners
of the lot or lots to be affected by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or
representatives of Declarant have hereunto set their hands and seals as of the day and year first
above written.
DECLARANT
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2012, by and , the and
, for and on behalf of , a , by
and on behalf of said
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
2
And by:
Amy Domeier, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,2012,
by William H. Droste and Amy Domeier,the Mayor and City Clerk,respectively, for and on behalf
of the City of Rosemount,a Minnesota corporation,by and on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
651-423-4411
3
Prestwick Place 2nd Addition
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