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Home My WebLink About6.r. Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Allow Additional Lot Coverage EXECUTIVE SUMMARY City Council Meeting Date: July 7, 2015 AGENDA ITEM: Case 15-24-AMD Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Allow Additional Lot Coverage. AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 6.r. ATTACHMENTS: Location Map; Resolution; Minor Planned Unit Development Agreement; Overall Layout; Preliminary Plat APPROVED BY: ddj RECOMMENDED ACTION: 1. Motion to adopt a resolution approving a Minor Amendment to the Bella Vista Planned Unit Development Agreement Increasing Lot Coverage. 2. Motion to approve the amended Bella Vista Planned Unit Development Minor Amendment Agreement and authorizing the Mayor and City Clerk to enter into the agreement. ISSUE Lennar is currently constructing their second phase of the Bella Vista neighborhood. The first phase of development had deep lots (many over 250 feet deep) due to setbacks from Bacardi Avenue and the wetlands and trees on the north side of the development. The first phase of development has no issues with lot coverage due to the larger lots. The second phase includes many lots that are only 130 feet deep due to acquisition of the areas surrounding the lake and wetlands for public purposes. This results in lot coverage issues for a number of the lots. Lennar is request a minor amendment to the Bella Vista Planned Unit Development (PUD) Agreement to allow the lot coverage which was allowed for Lennar in the Prestwick Place 3rd PUD Agreement. SUMMARY The City’s standard lot coverage is 30%. Recently, the City has adopted a number of subdivisions with reduced lot size, lot widths and reduced side yard setbacks. Just as these reductions increase the density of the subdivisions; it also increases the lot coverage on the lots as well. In five other subdivisions, the City has approved increases in lot coverage. Lennar is requesting the same consideration for specific lots in Bella Vista. City staff supports increasing for the lots that are the smallest, but does not support increases for the largest lots (which are up to 107,000 square feet). The most recent PUDs that the City approved allowed 40% lot coverage for lots less than 9,750 square feet and 35% lot coverage for lots between 11,250 square feet and 9,750 square feet. Lots larger than 11,250 square feet would not receive any increase in lot coverage standards. If the City Council approves Lennar’s request, which is consistent with the same lot coverage 2 standards as that noted above, 31% of the lots in Bella Vista would be eligible for increased lot coverage. Prestwick Place 2nd DR Horton Prestwick Place 3rd Lennar Greystone Ryland Dunmore Copper Creek Lot Size Lot Coverage Lot Size Lot Coverage Lot Size Lot Coverage Lot Size Lot Coverage Above 11,250 sq ft 30% Above 11,250 sq ft 30% Above 11,250 sq ft 30% 9,750 sq ft and above 35% Between 11,250 and 9,750 sq ft 35% Between 11,250 and 9,750 sq ft 35% Between 11,250 and 9,750 sq ft 35% Below 9,750 sq ft 40% Below 9,750 sq ft 40% Below 9,750 sq ft 40% Between 9,750 and 8,250 sq ft 40% Below 8,250 sq ft 45% Glendalough was the first subdivision in which different increases in lot coverage were granted for different lots in the subdivision, but it was not split into categories based on size. Of the 251 lots within Glendalough, 218 lots are allowed to have lot coverages up to 35%, 31 lots are allowed to have lot coverages up to 40% and 2 lots are allowed to lot coverages up to 43%. Staff supports Lennar’s request to increase the lot coverage allowed with the same categories permitted in Prestwick Place 3rd and Greystone: 40% lot coverage for lot less than 9,750 square feet; 35% lot coverage for lots between 11,250 square feet and 9,750 square feet; and 30% lot coverage for lots greater 11,250 square feet. Staff does not support either the Glendalough or Prestwick Place standard that allows all lots to have maximum of 35% lot coverage. Bella Vista has 46 of the 158 lots that are over 20,000 square feet in size. Staff would not support 35% lot coverage for lots greater than 11,250 square feet. Regarding the Dunmore subdivision, there are no lots in Bella Vista less than 8,250 square feet. Of the 158 lots within Bella Vista, 109 lots are greater than 11,250 square feet, 45 lots are between 11,250 and 9,750 square feet and 4 lots are less than 9,750 square feet. RECOMMENDATION Staff recommends that the City Council approve the Bella Vista Minor PUD Amendment. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2015 - A RESOLUTION APPROVING A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT REVISING THE MAXIMUM LOT COVERAGE STANDARD WHEREAS, the Community Development Department of the City of Rosemount received a request from U.S. Homes Corporation dba Lennar to amend the Bella Vista Nine Planned Unit Development Agreement to increase the lot coverage allowed; and WHEREAS, staff has prepared and recommends a Minor PUD Amendment to increase the lot coverage on lots 11,250 square feet and smaller, and WHEREAS, on July 7, 2015, the City Council of the City of Rosemount reviewed the application and staff recommendation. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Minor Amendment to the Bella Vista Planned Unit Development Agreement to increase lot coverage, subject to the following condition: 1. Increase the maximum lot coverage to forty percent (40%) for lots less than 9,750 square feet in size and thirty five percent (35%) for lots between 9,750 square feet and 11,250 square feet. ADOPTED this 7th day of July, 2015, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk 1 A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT REVISING THE MAXIMUM LOT COVERAGE STANDARD THIS DECLARATION made this 7th day of July, 2015, by and between U.S. HOMES CORPORATION DBA LENNAR, a Delaware corporation, (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 as described on Attachment One, attached hereto and hereby made a part hereof (hereinafter collectively referred to as the “Subject Property”); and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, “Bella Vista Master Development Plan Planned Unit Development Agreement”, dated March 17, 2014 and recorded with the Dakota County Recorder as document number 3004945 on April 1, 2014, (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 Development Agreement except as modified herein. a. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: Increase the maximum lot coverage to forty percent (40%) for lots less than 9,750 square feet in size and thirty five percent (35%) for lots between 9,750 square feet and 11,250 square feet. 2 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 US HOMES CORPORATION By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of _________, 2015, by _____________________ and _________________, the _________________ and ______________________, for and on behalf of U.S. Homes Corporation, a ____________________, by and on behalf of said _______________________. _______________________________ Notary Public 3 This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor And by: Clarissa Hadler, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2015, by William H. Droste and Clarissa Hadler, 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