HomeMy WebLinkAbout6.m. Timeless Homes Minor Amendment to the Harmony PUD and Simple Plat for Harmony 7th Addition
EXECUTIVE SUMMARY
City Council Meeting Date: May 17, 2016
AGENDA ITEM: Case 16-12-SP – Timeless Homes Minor
Amendment to the Harmony PUD and
Simple Plat for Harmony 7th Addition
AGENDA SECTION:
Consent
PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO.
6.m.
ATTACHMENTS: Resolution (Simple Plat), Resolution (PUD
Amendment), Amended PUD
Declarations, Location Map, Project
Description, Harmony 7th Addition Final
Plat, Construction Plans, Minor Amendment
Area Map, Revised Building Plans (1-3),
City Engineer Review; Excerpt Planning
Commission Minutes April 26,2016
APPROVED BY:
ddj
RECOMMENDED ACTION: Staff recommends that the City Council adopt the
following motions:
1. Motion to Adopt a Resolution Approving a Simple Plat for Harmony 7th Addition
without conditions.
2. Motion to Adopt a Resolution Approving a Minor Amendment to the Harmony Area
Planned Unit Development (PUD) Agreement allowing substitution of the Easton
Rowhome and Urban Villa Townhome II for an alternate single-level townhouse
and single-level townhouse with loft design subject to conditions.
3. Motion to authorize the Mayor and City Clerk to execute a Minor Amendment to
the Harmony Area PUD Agreement.
SUMMARY
The City Council is being asked to consider a Simple Plat request to replat a portion of the Harmony
Planned Unit Development (PUD) area. The proposed subdivision would change a portion of the
lots that were originally approved as part of the Harmony 6th Addition for back-to-back three level
townhomes to a single level, lofted design townhouse with half the number of lots. The applicant has
also applied for a minor PUD amendment to change the approved design for two of the approved
residential unit types. The minor amendment does not require Planning Commission review;
however, the PUD amendment requires Council approval to include the applicant’s proposed building
designs as part of the overall PUD plans.
Applicant & Property Owner(s): Timeless Homes – Don Willenbring
Location: Lots 26-56, Block 1 Harmony 6th Addition – North of
Connemara Trail, South of Bonaire Path and West of Bronze
Parkway and East of Brockway Avenue
Area in Acres: Approximately 1.72 Acres
Comp. Guide Plan Desig: MDR – Medium Density Residential
Current Zoning: R-3 – Medium Density Residential PUD
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PLANNING COMMISSION ACTION
The Planning Commission held a public hearing to review the proposed Simple Plat request on April
26, 2016. Commissioners asked for additional information concerning the financial implications of
the proposed lot reductions. Staff noted that all of the platting fees and dedications were addressed
with earlier approvals, including park land dedication, trunk sewer and water fees, and other similar
development charges. The amendments would reduce the overall water and sewer access fees
collected at the time a building permit is issued; however, staff pointed out that the City receives no
revenue when lots sit vacant for long periods of time. With the other changes in density already
approved for Harmony, the proposed reductions would be relatively minor.
Three neighboring property owners addressed the Planning Commission during the public hearing
and questioned when construction would occur. Don Willenbring of Timeless Homes stated that he
would be seeking building permits for all three areas this year. The neighboring property owners also
raised concerns about the condition of construction sites within Harmony and the lack of available,
close off-street parking spaces within the development. Staff and the Commission noted that any
trash or parking concerns are outside the scope of the City’s simple plat review, but explained that the
proposed amendments would reduce the overall demand for parking within the neighborhood by
lowering the total number of residences within the area of concern. Staff will be monitoring the
parking and construction waste issues at the site.
After closing the public hearing, the Planning Commission voted unanimously to recommend
approval of the Simple Plat.
BACKGROUND
Don Willenbring of Timeless Homes has acquired several lots within the Harmony (Brockway Area)
PUD and is requesting approval from the City in order to build townhouses on these lots that differ
slightly from the building designs approved with the original PUD and as subsequently amended. His
request includes the following components:
1) Lot 1, Block 5 of Harmony 2nd Addition. Adjust the grading plan to allow a full basement
under the proposed “Urban Villa Townhome II” design. No change to the approved housing
style or design; grading plans have been updated to reflect revised low floor elevation for this
lot. Administrative Minor PUD Amendment approval allowed by ordinance and does not
require an amendment to the Harmony Area PUD Agreement.
2) Lot 1 and 2, Block 4 of Harmony 5th Addition. Change the approved housing style from
“Easton Rowhomes” to a single-level design that matches the footprint of the planned units.
The approved plan depicts 5 units on each lot; the proposed plan reduces each building by one
unit for a net decrease of two units in this area. The area was platted to allow a condominium-
style building and the applicant is not changing this aspect of the site plan. No replatting is
necessary to support the revised plan. Administrative Minor PUD Amendment approval
allowed by ordinance, subject to a PUD amendment to include the updated housing styles in
the overall PUD agreement.
3) Lots 25-56, Block 1 of Harmony 6th Addition. Change the approved housing style from
“Vantage II Townhomes” to a single-level design with lofts that extends the individual
dwelling units across the existing east/west boundary of each townhouse block. The
individual buildings proposed will fit within the platted boundaries for each building, but will
decrease the density of each building in half (from one 12-unit and two 8-unit buildings to one
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6-unit and two 4-unit buildings). The proposed amendment would reduce the overall number
of units/lots in this area from 28 to 14. The combination of individual lots and minor lot line
adjustments may be approved through a Simple Platting procedure that combines the
preliminary and final plats into one review step. This action must be processed through the
Planning Commission and approved by the City Council. A PUD amendment is also required
to include the updated housing styles in the overall PUD agreement.
Of these three components, the Planning Commission was asked to make a recommendation on only
the third. The other building design changes do not alter the approved PUD plans in a manner that
would be considered a “Major” PUD amendment since they do not increase the number of approved
units, increase the size of planned buildings, or require additional roads or other public infrastructure.
The applicant has submitted updated grading and utility plans to address the building design changes,
and these plans have been reviewed and approved by the City Engineer. In general the replat does not
require any significant revisions to any existing infrastructure, but the construction plans should be
updated to reflect the new building layouts.
The Developer has submitted information (including plans for the updated building designs)
concerning the minor PUD changes, and these have been attached for consideration by the City
Council. Staff has found that the proposed one-level designs are generally consistent with the
approved plans for the Harmony PUD, and is recommending that they be included as permitted
building types within the overall PUD area.
The applicant is making this request in response to the shifting housing market and to diversify the
exterior appearance of the neighborhood. At this time Mr. Willenbring believes that there is a strong
market for the one-level design he is proposing, and that these units will provide some additional
variety to the existing homes on the neighborhood.
ISSUE ANALYSIS
Unit Mix/Design. The proposed replatting and amendments to the Harmony PUD will bring a
different type of townhouse unit into this neighborhood than has been built to date. Specifically all
existing one-level townhouses are a quad-type design with back-to-back units while the proposed
design is a one-level row-style townhouse (all the units are side-by-side with garages in front and living
space in the rear). The side-by-side townhouses with lofts in the proposed 7th Addition are also a new
product that is different from the back-to-back multi-level design previously approved for this area.
Overall, the orientation of the garages and access to each of the units is not changing, and each of the
proposed buildings will fit within the building envelope approved with earlier subdivisions. The ability
to fit each of the proposed buildings into these existing building envelope is one of the reasons staff
determined that the building design changes require a minor PUD amendment instead of a major
amendment.
Comparing the approved plans with the designs proposed by the applicant, staff would like to point
out the following general observations:
The overall PUD plans for the Harmony area stresses pedestrian connectivity throughout the
neighborhood. The applicant’s proposed designs do not alter the orientation of any buildings
to the street, but the final building plans should provide walkways connecting to adjacent trails
or public sidewalks, whenever possible.
The building designs approved through the Harmony PUD require brick or stone wainscoting
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on the ends of buildings wrapping onto the front of the first unit and a brick base on the
columns in front of the garages. Some of the applicant’s plans appear to be missing this
detailing, and staff is recommending a condition of the Minor PUD approval that the final
buildings designs meet this specific PUD requirement.
The change to a one-level design means that garages are more predominantly featured along
the side of the proposed buildings. Staff is recommending that the developer consider
including architectural features on the final building plans that can help minimize the
appearance of the garages. At the request of staff, the developer has provided an alternative
design for the 5th Addition townhouses that moves the location of the front gables emphasize
the living space and front entry instead of the garages.
The townhouse portion of the Harmony PUD included areas for off-street parking that were
in addition to the required two covered stalls per unit. These parking areas were built with an
earlier subdivision improvement project, and will remain even though the revised dwelling unit
count will reduce the overall demand for parking in this area.
Density/Comprehensive Plan. The applicant’s lots are all guided for medium density residential
development under the comprehensive plan and are zoned R-3 PUD Medium Density Residential
Planned Unit Development. With the most recent changes to the density within the Harmony PUD
approved in 2010 (Harmony 5th Addition) the overall number of approved units stands at 519 dwelling
units. With an overall project area of 91.38 acres, the approved density is 5.68 units per acre. The
applicant’s proposed changes would reduce the approved number of units to 503, which results in an
updated density of 5.50 units per acre. The proposed amendments would keep the project within the
density range of 5-10 units per acre as specified in the Comprehensive Plan.
Simple Plat. The Subdivision Ordinance allows residential plats less than 10 acres in size and with
less than 20 lots to follow a simple platting procedure that combines the review for preliminary and
final plat into one action. The Harmony 7th Addition meets this requirement and essentially combines
two back-to-back lots into one parcel to create 14 new, larger building sites. In order to accommodate
the proposed buildings in this subdivision, the applicant is shifting some of the side property lines very
slightly. Because the new lots all fall within the outside perimeter of the previous building design,
there is no need to change existing easements or other improvements over the common areas. All
required public improvements to serve this subdivision have been installed as part of previous
additions; therefore no further work outside of individual utility connections will be needed.
CONCLUSION & RECOMMENDATION
The Planning Commission and Staff recommend approval of a Simple Plat request for Harmony 7th
Addition. This recommendation for approval is based on the information submitted by the applicant
and the findings made in this report and is subject to the conditions listed in the recommended action.
Staff further recommends that the City Council
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-
A RESOLUTION APPROVING
A SIMPLE PLAT FOR HARMONY 7TH ADDITION
WHEREAS, the Planning Department received an application for approval of a Simple Plat for
Harmony 7th Addition to modify the design of certain townhomes within the Harmony Subdivision
and to reduce the total number of units planned for property legally described as follows:
Lot 19 through Lot 56, inclusive, Block 1, Harmony 6th Addition, according to the
recorded plat thereof, Dakota County, Minnesota.
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing as
required by ordinance for the purpose of receiving public comment regarding the proposed
Harmony 7th Addition Simple Plat on April 26, 2016; and,
WHEREAS, the Planning Commission reviewed the application on April 26, 2016 and found it
consistent with the criteria for simple plat review outlined in the Subdivision Ordinance; and,
WHEREAS, the Planning Commission adopted a motion to recommend approval of the
application for a Simple Plat on April 26, 2016.
NOW, THEREFORE, BE IT RESOLVED, The Council of the City of Rosemount does
hereby approve the Harmony 7th Addition Simple Plat.
ADOPTED this 17th day of May, 2016 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016 -
A RESOLUTION APPROVNG A MINOR AMENDMENT TO THE HARMONY AREA
(FORMERLY BROCKWAY) PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
ALLOWING SUBSTITUTION OF THE VANTAGE II TOWNHOME AND EASTON
ROWHOUSE BUILDING DESIGNS
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Timeless Homes requesting a minor amendment to the Harmony (formerly
Brockway) Area Planned Unit Development concerning property legally described as: Lots 1 and 2,
Block 4 of Harmony 5th Addition and Lots 25-56, Block 1 of Harmony 6th Addition, Dakota County,
Minnesota; and
WHEREAS, the amendment would allow substitution of the Timeless Homes One Story
Townhome for the Easton Rowhomes currently permitted under the PUD and the substitution of
the Timeless Homes One Story Townhome with Loft for the Vantage II Townhomes currently
permitted under the PUD; and
WHEREAS, the application requires a minor amendment to the Harmony Area PUD; and
WHEREAS, City Staff reviewed the application and found the Timeless Homes One-Story
Townhome and One Story Townhome with Loft consistent with the spirit and intent of the original
Harmony PUD; and
WHEREAS, on May 17, 2016 the City Council of the City of Rosemount reviewed the application
and agreed with the Staff recommendation;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount
hereby approves a minor amendment to the Harmony (formerly Brockway) Area PUD for
Timeless Homes, subject to:
1. Execution of a minor PUD amendment agreement.
2. Final building plans shall match the approved designs they are replacing in terms of materials
used, colors, and other architectural design elements.
3. Final building plans shall include brick or stone wainscoting on the ends of buildings
wrapping onto the front of the first unit and a brick base on the columns in front of the
garages.
4. Walkways connecting individual dwelling units to adjacent trails or public sidewalks shall be
provided.
RESOLUTION 2016 –
5. Landscaping on each lot shall conform to the approved Harmony PUD landscape plan.
ADOPTED this 17th day of May, 2016, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
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A MINOR AMENDMENT TO THE HARMONY (FORMERLY BROCKWAY)
AREA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
ALLOWING SUBSTITUTION OF THE VANTAGE II TOWNHOME AND EASTON
ROWHOUSE BUILDING DESIGNS
THIS DECLARATION made this 17th day of May, 2017 by and between TIMELESS
HOMES (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 Lots 1 and 2, Block 4
of Harmony 5th Addition and Lots 25-56, Block 1 of Harmony 6th Addition, Dakota County,
Minnesota (hereinafter referred to as the “Subject Properties”); and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
“Brockway Area Planned Unit Development Agreement” dated September 27, 2004,
(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. The permitted housing plans listed in paragraph 1.c of the Planned Unit
Development Agreement is amended as follows:
Add the Timeless Homes One Story Townhome – Attachment One.
Add the Timeless Homes One Story Townhome with Loft – Attachment Two.
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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 shall 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
TIMELESS HOMES, LLC
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ___ day of _________, 2016
by _____________________ and _________________, the _________________ and
______________________, for and on behalf of Timeless Homes, LLC, a Minnesota Limited
Liability Corporation, by and on behalf of said corporation.
_______________________________
Notary Public
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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
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Harmony Village PUD Amendment
Property Information
Ap ril 11, 2016
0 225 450112.5 ft
0 60 12030 m
1:2,400
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Project Description:
The following is a description of our application.
We are requesting to amend the existing PUD for the Harmony Village.
Our request to amend is in three parts:
Request # 1. We would like to have the ability to install basements under the townhomes.
We have asked our engineers to confirm the lowest floor elevation with the City of Rosemount
engineering and as long as we stay above their findings we would like to be able to install basements as
an option.
Request # 2. Lots 1 & 2 Block 4 off of Butterfly Path of the plat.
We would like to substitute a one level plan in place of the proposed multi-level plan. We would also
be reducing the townhome building from a 5 unit to a 4 unit. Grading, utility services and keeping it as a
condominium would all be as it is now.
Request # 3. Lots 26-55 Block 1 off of Bronze Parkway of the Plat.
We would like to substitute a one level plan with a loft in place of the multiplex, tuck-under, 2 stories
in place. The substituted plan is a row style front to back with a loft and we propose all Garages would
be facing North and fronts of homes facing the park or South. We would be reducing total townhomes
from 28 now to 14 proposed. We will be staying with in the plat boundaries and setbacks now in place.
They will remain as lot and block legals. We will be installing individual sewer and water to each unit as
proposed now. Grading and utilities would be similar to as it is now.
In all three request our substituted plans will be keeping with the existing exterior materials and similar
elevation features as what is now proposed to be built and with what exists in the development now.
What we are providing with the application:
1. Construction Plans
2. Proposed New Plat
3. Plans, renderings and pictures of the buildings to be built and our requested substitute plans
numbered as Request 1, Request 2, and Request 3.
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Phone (952) 937-5150 7699 Anagram Drive
Fax (952) 937-5822 Eden Prairie, MN 55344
Toll Free (888) 937-5150
Request 1 - Retain Existing Building Design
Side-by-Side Single-Level Quads
Request 2 - Alternative Design A
Request 2 - Alternative Design B
Side-by-Side Single Level with Loft
MEMORANDUM
DATE: April 21, 2016
TO: Kyle Klatt, Planner
CC: Kim Lindquist, Community Development Director
Anthony Nemcek, Planner
Amy Roudebush, Planning & Personnel Secretary
Patrick Wrase, Director of Public Works/City Engineer
FROM: Mitch Hatcher, Project Engineer
RE: Harmony 7th Addition Engineering Review
SUBMITTAL:
Prepared by Westwood Engineering, the Harmony 7th Addition submittal dated March 30, 2016.
Engineering review comments were generated from the following documents included in the
submittal:
Grading, Utility, & SWPPP Plans (5 pages)
Harmony 7th Addition Final Plat, (1 page)
Application for Minor Amendment to Planned unit Development (PUD)
GENERAL COMMENTS:
The developer has made three requests for the minor PUD amendment.
Request #1
Sanitary services have been provided to Westwood. Westwood will ensure the low floor and footing
elevations can be installed with the existing services. New, proposed low floor elevations have been
reviewed and are acceptable.
Request #2
Grading and utility plans are unchanged. No engineering comments.
Request #3
Minor changes to the utility plan have been reviewed and approved. Services will be installed along
on side of the building, instead of both sides as originally planned. Number of services will be
reduced by half.
Should you have any questions or comments regarding the items listed above, please contact me at
651-322-2015.
Excerpt from the April 26, 2016 Planning Commission Minutes
6.b. Request by Timeless Homes for a Simple Plat and Minor Amendment to the PUD to modify the design and reduce
the number of townhouse in Harmony Village (16-11-AMD, 16-12-SP).
Senior Planner Klatt summarized the staff report for the Planning Commission.
Commissioner Clements inquired about any tax implications when reducing the number of lots. Klatt stated that the park
dedication fee was paid during the initial application and addition park dedication fees would not be required. Sanitary sewer and
water connection fees collected by the City would be somewhat less be cause these particular fees are addressed when building
permits are issued for each lot.
Commissioner VanderWiel inquired if the approval represented a legislative or quasi-judicial decision. Klatt stated it is a quasi-
judicial decision, and reminded commissioners that they are evaluating a simple plat with no additional approvals.
Chair Kenninger asked to clarify the status of the conditions of approval . Klatt stated that no conditions are associated with the
simple plat and that the Planning Commission does not need to approve the PUD amendments. The PUD amendments will be
addressed by the City Council at a future meeting.
Don Willenbring from Timeless Homes was in attendance to answer questions. He stated that Timeless Homes bought 59 of the
remaining Harmony lots in 2014 and that they all sold in about 30 days. There is a shortage of single level townhouses and he wants
to change the design to meet demand in the area.
Public Hearing opened at 7:43
Public comments:
Carolyn Nordin, 13457 Bronze Parkway, inquired about the time frame for construction. Willenbring stated he is just waiting for
approval and will start as soon as possible. Depending on demand, he will start construction on all three sites this year, and expects
the entire project will take about 9 months to complete.
Constance Marquardt, 2709 134th Street, stated she is concerned about accumulation of garbage over the winter from current
project and asked if garbage pickups could be more frequent. Willenbring stated he will make sure it’s not an issue this time around.
Marquardt is in favor of fewer units.
Katie Bisson, 2764 135th Street W, also had concerns about the amount of trash and also inquired if there is anything that c an be
done to add more parking. Willenbring stated that parking will stay the same, he is not asking for any changes other than the
number and style of houses.
Chair Kenninger inquired if residents know how to get ahold of Willenbring to address concerns. Willenbring stated that his contact
info is at various points on the construction site and encouraged residents to call him with issues.
Richard Vee, 2780 135th Street, also expressed concerned about the amount of off-street parking in the neighborhood and asked for
more to be added. Klatt stated that the parking as approved meets city code requirements, but that the City is interested in the
resident’s concerns so they be considered as ordinances are reviewed.
Commissioner VanderWiel inquired what the city can do to address the parking issues. Klatt stated that the current request does
not alter any of the approved parking spaces and meets the cite code. He noted that the City of Rosemount cannot add conditions
after the fact, but that the City would b willing to talk to homeowners about the current situation.
Willenbring stated if his proposal is not passed then he will go back to original request of 28 homes and that would negatively
impact the area. The City has already approved plans for 28 homes, and these could be constructed with only a building permit
from the City.
MOTION by Henrie to close the public hearing.
Second by VanderWiel.
Ayes: 4. Nays: 0. Motion Passes.
The public hearing was closed at 8:01 pm.
Additional Comments:
Kenninger stated that homeowners need to talk to their HOA because they have control over the common areas within the
Harmony development. It was also pointed out that there are easements within many of these common areas that limit the amount
of land available for parking.
Motion by VanderWiel to recommend the City Council approve a Simple Plat for Harmony 7th Addition without conditions.
Second by Henrie.
Ayes: 4. Nays: 0.