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HomeMy WebLinkAbout6.k. Minor PUD Amendment EXECUTIVE SUMMARY City Council Meeting Date: November 2, 2015 AGENDA ITEM: 15-37-AMD – Minor PUD Amendment Lennar requests a minor amendment to the Bella Vista Planned Unit Development (PUD) agreement allowing relocation of the wetland buffers around Wetland O in Bella Vista AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Planner AGENDA NO. 6.k. ATTACHMENTS: Site Map, Resolution, Minor Amendment to the Planned Unit Development Agreement for Bella Vista, Bella Vista Setbacks and Easement Map, Applicant’s Narrative APPROVED BY: ddj RECOMMENDED ACTION: 1. Motion to adopt a resolution approving a Minor Amendment to the Bella Vista Planned Unit Development (PUD) agreement allowing changes to the wetland buffers associated with this development, subject to conditions. 2. Motion to authorize the Mayor and City Clerk to execute a Minor Amendment to the Bella Vista Planned Unit Development (PUD) agreement allowing changes to the wetland buffers associated with this development. SUMMARY Applicant: Lennar Corporation Property Owner: Lennar Corporation Location: Bella Vista 2nd Addition Area in Acres: 11.25 Acres Comp. Guide Plan Design: LDR – Low Density Residential Current Zoning: R-1, Low Density Residential with the Bella Vista Planned Unit Development (PUD) The applicant, Lennar, requests a minor amendment to the existing Bella Vista Planned Unit Development (PUD) agreement to allow changes to the wetland buffers associated with the development. Specifically, Lennar requests to remove approximately 3,955 square feet of buffer area around Wetland O on Lots 8 & 9 in Bella Vista 2nd Addition and add 4,056 square feet of buffer around the same wetland in Outlot A in Bella Vista 3rd Addition. The minor PUD amendment is necessary to ensure the relocated buffer is incorporated into the existing Bella Vista PUD agreement and created when Outlot A is eventually platted into individual home sites. Staff also processed a conservation easement vacation to update the legal descriptions that define the wetland buffer under the public hearing portion of this agenda. Staff recommends approval of the minor amendment to the Bella Vista PUD based on the findings made below. 2 According to the applicant, his request was made to accommodate the buyers of Lots 8 and 9, Block 1 Bella Vista 2nd Addition. They would like to have usable open space between their homes not limited by the terms of the conservation easement. Overall, the proposal increases the amount of wetland buffer around Wetland O, maintains the 75 foot minimum buffer depth standard and does not result in a significant decrease in usable open space on lots planned for Outlot A, Bella Vista 3rd Addition. BACKGROUND In July 2013, the City Council approved a Preliminary Plat, Planned Unit Development (PUD) Master Development Plan with Rezoning and Zoning Ordinance Amendment for the 158 single family lot Bella Vista development. The final plat for Bella Vista 2nd Addition was approved in November of 2013 while the final plat for Bella Vista 3rd Addition was approved in April of this year. Home construction is well underway in the 2nd Addition and the applicant has installed streets in the 3rd Addition but those lots are not for sale at this time. Wetland preservation and protection were central to the preliminary and final plat reviews. The Minnesota Department of Natural Resources approved the applicant’s wetland mitigation plan with conditions in their Notice of Decision document dated July 16, 2013. To implement this plan, the applicant drafted and recorded conservation easements over the naturally vegetated area around the wetlands as a buffer. The purpose of these buffers is to provide water quality benefits, reduce the risk of erosion, discourage human interference, and provide wildlife habitat. Understanding that all buffers may not be maintained equally around the entire wetland during development, the Wetland Management Plan allows for buffer averaging. Buffer averaging would allow a buffer to be reduced on one side if it is expanded on another side of the wetland. The current application seeks to relocate the approved wetland buffer from the south side of wetland O to the southeast side of this same wetland. Overall, the proposal increases the amount of wetland buffer around Wetland O, maintains the 75 foot minimum buffer depth standard and does not result in a significant decrease in usable open space on lots planned for Outlot A, Bella Vista 3rd Addition. ISSUE ANALYSIS Planned Unit Development Minor Amendment. Minor PUD Amendments are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. As mentioned above, the minor PUD amendment is necessary to ensure the relocated buffer is incorporated into the existing Bella Vista PUD agreement and create when Outlot A is eventually platted into individual home sites. Overall, the proposal increases the amount of wetland buffer around Wetland O, maintains the 75 foot minimum buffer depth standard and does not result in a significant decrease in usable open space on lots planned for Outlot A, Bella Vista 3rd Addition. 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: 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 increases 3 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. By Ordinance minor amendments may be administratively approved by staff. However, a PUD is a contract between the City and the developer and therefore requires Council approval of the modification to the contract. The minor PUD amendment document is attached for your reference. CONCLUSION & RECOMMENDATION Staff recommends approval of a minor amendment to the existing Bella Vista Planned Unit Development (PUD) agreement to allow changes to the wetland buffers associated with this development. According to the applicant, his request was made to accommodate the buyers of Lots 8 and 9, Block 1 Bella Vista 2nd Addition. They would like to have usable open space between their homes not limited by the terms of the conservation easements. Overall, the proposal increases the amount of wetland buffer around Wetland O, maintains the 75 foot minimum buffer depth standard and does not result in a significant decrease in usable open space on lots planned for Outlot A, Bella Vista 3rd Addition. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2015 - A RESOLUTION APPROVNG A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT ALLOWING CHANGES TO THE WETLAND BUFFERS ASSOCIATED WITH THIS DEVELOPMENT WHEREAS, the Community Development Department of the City of Rosemount received an application from Lennar Corporation to vacate a portion of the conservation easements located on Lots 8 and 9, Block 1, Bella Vista 2nd Addition and Outlot A, Bella Vista 3rd Addition; and WHEREAS, the Lennar Corporation intents to vacate 3,955 square feet of buffer area around Wetland O on the Lots 8 and 9, Block 1, Bella Vista 2nd Addition and add 4,056 square feet of buffer around this same wetland on Outlot A in Bella Vista 3rd Addition; and WHEREAS, the proposal increases the overall amount of wetland buffer around Wetland O, maintains the 75 foot minimum buffer depth standard and does not result in a significant decrease in usable open space on lots planned for Outlot A, Bella Vista 3rd Addition; and WHEREAS, staff has prepared and recommends approval of a Minor PUD Amendment to allowing changes to the wetland buffers associated with the Bella Vista development as detailed above; and 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 allowing changes to the wetland buffers associated with this development, subject to the following condition: 1. V acation of the conservation easements over Lots 8 and 9 Block 1, Bella Vista 2nd Addition and Outlot A, Bella Vista 3rd Addition ADOPTED this 2nd day of November, 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 ALLOWING CHANGES TO THE WETLAND BUFFERS ASSOCIATED WITH THIS DEVELOPMENT THIS DECLARATION made this 2nd day of November, 2015, by and between U.S. Homes Corporation, aka Lennar 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 properties described as Lots 8 and 9, Block 1, Bella Vista 2nd Addition and Outlot A, Bella Vista 3rd Addition (hereinafter collectively referred to as the “Subject Properties”); and WHEREAS, the Subject Properties are subject to a Planned Unit Development Agreement, “Declaration of Covenants and Restrictions Bella Vista Master Development Plan Planned Unit Development Agreement”, dated March 13, 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 dul y 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. The revised conservation easement for Lots 7, 8, & 9, Block 1, Bella Vista 2nd Addition - Exhibit A. b. The revised conservation easement for Outlot A, Bella Vista 3rd Addition – Exhibit B. 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 Lennar Corporation 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 This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT 3 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 459249v1 CBR RS220-356 CONSERVATION EASEMENT THIS INSTRUMENT is made by U.S. Home Corporation, a Delaware corporation, Grantor, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of the following described property, which property is located in Dakota County, Minnesota (the “Property”): Lots 7, 8 and 9, Block 1, BELLA VISTA 2ND ADDITION according to the recorded plat thereof on file in the office of the Dakota County Recorder. B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easement: A perpetual, non-exclusive easement for flowage and conservation purposes over, under, across and through that part of the Property legally described and depicted on the attached Exhibit A. (the “Easement Area”). 2. Scope of Easement. Grantor, for itself and its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a. Constructing, installing or maintaining anything made by man. b. Cutting or removing trees or other vegetation. Notwithstanding the foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees to allow sunlight to penetrate to limited parts of the Easement Area may be permitted, but only when approved by the Grantee. c. Excavating or filling within the Easement Area. 2 459249v1 CBR RS220-356 d. Applying chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e. Depositing of waste or debris. f. Applying herbicides, pesticides and insecticides. g. Applying fertilizers. h. Conducting activities detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area. i. Removing, damaging, destroying or defacing any monuments or markers placed to delineate the Easement Area. 3. Grantor, for itself, its successors and assigns, grants to the Grantee the affirmative right, but not the obligation, to do the following in the Easement Area: a. Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor. b. Enter upon the Easement Area at any time to enforce compliance with the terms of this Conservation Easement. c. Take such other action as the Grantee deems necessary or advisable in its sole discretion to enforce compliance with the terms of this Conservation Easement. d. Install and maintain monuments or markers delineating the Easement Area. 4. Warranty of Title. The Grantor warrants that it is the owner of the Property and has the right, title and capacity to convey to the Grantee the Conservation Easement herein. 5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area or Property prior to the date of this instrument. 6. Binding Effect; Enforceability. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, and Grantor’s successors and assigns. This Conservation Easement is enforceable by the City of Rosemount acting through its City Council. STATE DEED TAX DUE HEREON: NONE Dated this _____ day of ______________, 2015. U.S. Home Corporation By Its Division Vice President 3 459249v1 CBR RS220-356 STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2015, by _____________________________, the Division Vice President of U.S. Home Corporation, a corporation organized under the laws of the State of Delaware, on behalf of the corporation, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 200 South Sixth Street 470 U.S. Bank Plaza Minneapolis, MN 55402 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150 459252v1 CBR RS220-356 CONSERVATION EASEMENT THIS INSTRUMENT is made by U.S. Home Corporation, a Delaware corporation, Grantor, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of the following described property, which property is located in Dakota County, Minnesota (the “Property”): Outlot A, BELLA VISTA 3RD ADDITION, according to the recorded plat thereof on file in the office of the Dakota County Recorder. B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easement: A perpetual, non-exclusive easement for flowage and conservation purposes over, under, across and through that part of the Property legally described and depicted on the attached Exhibit A. (the “Easement Area”). 2. Scope of Easement. Grantor, for itself and its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a. Constructing, installing or maintaining anything made by man. b. Cutting or removing trees or other vegetation. Notwithstanding the foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees to allow sunlight to penetrate to limited parts of the Easement Area may be permitted, but only when approved by the Grantee. c. Excavating or filling within the Easement Area. 2 459252v1 CBR RS220-356 d. Applying chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e. Depositing of waste or debris. f. Applying herbicides, pesticides and insecticides. g. Applying fertilizers. h. Conducting activities detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area. i. Removing, damaging, destroying or defacing any monuments or markers placed to delineate the Easement Area. 3. Grantor, for itself, its successors and assigns, grants to the Grantee the affirmative right, but not the obligation, to do the following in the Easement Area: a. Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor. b. Enter upon the Easement Area at any time to enforce compliance with the terms of this Conservation Easement. c. Take such other action as the Grantee deems necessary or advisable in its sole discretion to enforce compliance with the terms of this Conservation Easement. d. Install and maintain monuments or markers delineating the Easement Area. 4. Warranty of Title. The Grantor warrants that it is the owner of the Property and has the right, title and capacity to convey to the Grantee the Conservation Easement herein. 5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area or Property prior to the date of this instrument. 6. Binding Effect; Enforceability. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, and Grantor’s successors and assigns. This Conservation Easement is enforceable by the City of Rosemount acting through its City Council. STATE DEED TAX DUE HEREON: NONE Dated this _____ day of ______________, 2015. U.S. Home Corporation By Its Division Vice President 3 459252v1 CBR RS220-356 STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2015, by _____________________________, the Division Vice President of U.S. Home Corporation, a corporation organized under the laws of the State of Delaware, on behalf of the corporation, Grantor. ______________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 200 South Sixth Street 470 U.S. Bank Plaza Minneapolis, MN 55402 Phone (952) 937-5150 7699 Anagram Drive Fax (952) 937-5822 Eden Prairie, MN 55344 Toll Free (888) 937-5150