The URL can be used to link to this page

Home My WebLink About6.l. Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Increase Lot Coverage and Adjust Side Yard Setbacks EXECUTIVE SUMMARY City Council Regular Meeting: May 16, 2016 AGENDA ITEM: Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Increase Lot Coverage and Adjust Side Yard Setbacks. AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.l. ATTACHMENTS: Location Map, Resolution, Minor Amendment to the Planned Unit Development Agreement, Overall Layout, Lot Fit Plan, 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 and revising side yard setbacks on Lots 1 and 2 Block 1 in the Bella Vista 3rd Addition to 10 feet and 5 feet. 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 had few issues with lot coverage due to the larger lots. The second phase includes many lots that are only 120 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 requesting a minor amendment to the Bella Vista Planned Unit Development (PUD) Agreement to allow an increase in the maximum lot coverage from 30% maximum that is required by the city ordinance. Additionally, during the platting process Lots 1 and 2, Block 1, Bella Vista 3rd Addition were platted with a ten (10) foot drainage and utility easement along their adjoining property lines to allow for a stormwater pipe. The larger easement doesn’t allow the homes Lennar has identified for the project to meet the PUD required 15 foot total side yard setback with ½ on each side, due to the house width. Lennar is requesting an amendment to allow for side yard setbacks of 5 feet on one side of each of these lots, a decrease from the seven and one-half foot setbacks that are required by the Planned Unit Development agreement, and they would maintain the 10 foot setback on the easement side. The requested amendment does maintain the required fifteen foot total side yard setback on each lot. 2 SUMMARY Lot Coverage 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 and front 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 lots in Bella Vista. Overall, 44% of the land within Bella Vista will remain undeveloped due to the large amount of wetlands and associated conservation easements. Because of this, City staff supports increasing the amount of coverage for lots below 11,250 to 40% and 35% lot coverage for lots between 11,250 and 15,000 square feet. While this coverage is greater than allowed in other developments, Bella Vista has a larger amount of land that is undevelopable. Bella Vista has released 12 home plans for the Bella Vista community and without the amendment, 339 (18%) of the 1860 lot/home plan combinations are currently unbuildable. If the City Council approves this amendment, only 50 (2.6%) of lot/home plan combinations will remain unbuildable. There are 109 lots larger than 11,250 square feet and 46 lots smaller than 11,250 square feet. Lots over 15,000 square feet would continue to have the 30% lot coverage standard. Planning staff has discussed the hard surface increase with Engineering. Due to the significant open space, the change will not adversely impact the stormwater system in the area. Approving this amendment will allow Lennar to offer a wider variety of home plans on a greater number of lots while still maintaining a high level of open space within the development. It will also allow buyers of their homes a greater level of flexibility in landscaping and constructing outdoor living areas and other amenities. Side Yard Setbacks Bella Vista has requested the side yard setbacks to be revised on Lots 1 and 2 of Block 1 in the Bella Vista 3rd Addition due to a ten (10) foot drainage and utility easement being platted along the property line that adjoins each lot. The easement is larger than the typical five foot drainage and utility easement to accommodate a stormwater pipe that runs through it. A site plan of the lots in question has been included in the attachments. The two ten-foot easements result in a separation between the two residential structures on Lots One and Two of twenty feet. There is dedicated park land to the east of Lot One, so there are no issues with proximity to other structures. While the total side yard setback of fifteen feet is maintained on each of the lots, there is an issue of proximity between Lots Two and Three, with a distance of 12.6 feet between the garage and front porch of these two structures. Unfortunately, the foundation for the home on Lot Three was already in place before this request was able to be presented to Council. This revision will only apply to Lots One and Two of Block One in the 3rd Addition, and in the future attention will be paid to avoid a situation where a home will not fit within the required setbacks. RECOMMENDATION Approve the resolution and PUD amendment for Bella Vista Minor PUD Amendment. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2016 - A RESOLUTION APPROVING A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT REVISING THE MAXIMUM LOT COVERAGE STANDARD AND REVISING SIDE YARD SETBACK ON LOTS 1 & 2 BLOCK 1 BELLA VISTA 3RD ADDITION 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 Planned Unit Development Agreement to increase the lot coverage allowed; and 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 Planned Unit Development Agreement to revise the side yard setback requirements on Lots 1 & 2, Block 1 Bella Vista 3rd Addition; and WHEREAS, staff has prepared and recommends a Minor PUD Amendment to increase the lot coverage on all lots smaller than 15,000 square feet, and revise the side yard setback requirements on Lots 1 & 2, Block 1 Bella Vista 3rd Addition; WHEREAS, on May 16, 2016, 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 11,250 square feet in size and thirty five percent (35%) for lots between 11,250 and 15,000 square feet in size. 2. Decreasing side yard setback on Lots 1 & 2, Block 1 Bella Vista 3rd Addition ADOPTED this 16th day of May, 2016, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT REVISING THE MAXIMUM LOT COVERAGE STANDARD THIS DECLARATION made this 16th day of May, 2016, 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 11,250 square feet in size and thirty five percent (35%) for lots between 11,250 and 15,000 square feet in size. 1 b. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: Decrease the minimum side yard setback on the east side yard of Lot 1 Block 1 and the west side yard of Lot 2 Block 2 of the Bella Vista 3rd Addition to five feet. 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 _________, 2016, by _____________________ and _________________, the _________________ and ______________________, for and on behalf of U.S. Homes Corporation, a ____________________, by and on behalf of said _______________________. _______________________________ Notary Public 2 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 ___________, 2016, 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 3 Lot 1, 2, 3, Block 1, BELLA VISTA 3RD ADDITION, Dakota County, Minnesota2412'46;&'5%4+26+10