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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 /► t. \ Y ` \\____. r> .0 1, t ...all'-'' �.64.1 — 11, fi -* Y- .� gad'?VAL .011 4�T1.* 4 ,�,�e tin Ial at Ifroplis ill . 4* �` : � Pi(‘' ■ Ammo MI co0 .11 f i P4A1.4.4 '42uo7_ti rip itiOrdir ri < monism =I P 41/11M111. 1111 id f. IAfl al .151 N'S I""`a — — *45TH Si E Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. 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