HomeMy WebLinkAbout6.k. Highlands of Hawkins Pond, Kathy Trimble Final Plat 05-18-FPAGENDA ITEM: 05 -18 -FP Highlands of Hawkins Pond
(Kathy Trimble) Final Plat
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.C.P.
Assistant City Planner
ATTACHMENTS: Draft Resolution, Final Plat, Planned Unit
Development Agreement, Draft 04/26/05 PC
Minutes, 03/15/05 CC Minutes, 02/22/05 PC
Minutes, Location Map, Lot Illustrations
APPROVED B'
�y
RECOMMENDED ACTION: Motion to approve a resolution granting Final Plat for the
property located at 4101 143 Street West to allow subdivision of the existing 1.84 acre
property into three single family lots, subject to conditions.
ACTION:
City Council Meeting Date: May 17, 2005
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
SUMMARY
The applicant, Kathy Trimble Custom Homes, requests Final Plat approval for Highlands of
Hawkins Pond. This development subdivides the existing 1.84 acre Hawkins property
located at 4101 143 Street West into three single family lots. Currently, this site contains a
single family home on 1.84 acres. Lot 1 will retain the existing home while Lots 2 and 3 will
each contain a new residence.
Applicant Property Owner(s):
Location:
Area in Acres:
Number of Lots Density:
Comp. Guide Plan Desig:
Current Zoning:
Kathy Tnmble Custom Homes, Inc.
4101 143 Street West (Lot 11, Block 2 Hawkins Pond)
1.84 Acres (80,205 square feet)
3 Lots 1.63 Units /Acres
Urban Residential
PUD R -1, Single Family Residential
BACKGROUND
This project received Preliminary Plat, Master Development Plan (with rezoning) and Final
Site and Building Plan approvals from the City Council on March 15, 2005 Prior to these
approvals, the Planning Commission held a public hearing to review the items during their
February 22, 2005 regular meeting.
PLANNING COMMISSION REVIEW
The Planning Commission reviewed the Final Plat during their April 26, 2005 meeting and
found it consistent with the Preliminary Plat and Final Site and Building Plan. As a result, this
item received unanimous consent approval.
DISCUSSION
The following is a brief summary of the changes made to the plat during the review process.
These changes were incorporated into the plans reviewed and approved by the City Council
on March 15, 2005.
The rear lot line between lots 2 3 has been modified as approved by the
Commission.
The applicant has adjusted the shared driveway so it can meet the Fire Marshall's
standards for appropriate grade.
The applicant has submitted a tree preservation plan which conforms to the ordinance
requirements.
The City Council approval included a condition requiring a conservation easement
along the south and west to preserve existing mature trees.
There were no additional conditions in the PUD approval that regulated building setbacks,
additional site landscaping, or house design. The standards that will be applied are those
consistent with the existing ordinance criteria.
PUD AMDENDMENT
The applicant is also requesting a minor PUD amendment as a separate application. The
request is to modify the conservation easement previously approved during the PUD and
preliminary plat approval process. Although the applicant did not raise the issue at that time,
she is now interested in reducing the amount of area covered by the conservation easement.
Staff is agreeable to the change although is requiring a modification to the proposed
easement to incorporate preservation of trees along the front property line, exclusion of the
accessory structure and allow installation of the shared driveway. This item is a separate
action item on the agenda.
CONCLUSION
Staff finds the Highlands of Hawkins Pond Final Plat consistent with the Preliminary Plat and
Final Site and Budding Plan and therefore recommends Final Plat approval for this 3 lot
subdivision, subject to conditions. This recommendation is based on the plans submitted by
the applicant and the findings made in this report.
RECOMMENDATION
Approve the draft resolution.
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005
A RESOLUTION APPROVING THE FINAL PLAT FOR
HIGHLANDS OF HAWKINS POND
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Kathy Trimble Custom Homes on March 22, 2005 requesting a Final Plat for
the Highlands of Hawkins Pond, legally described as:
Lots 1, 2 and Lot 3, Highlands of Hawkins Pond
WHEREAS, the Preliminary Plat Master Development Plan, rezoning from R1 to PUD R -1, and Final
Site and Building Plan were rev sewed by the Planning Commission on February 22, 2005 and approved by
the City Council on March 15, 2005; and
WHEREAS, on April 26, 2005, the Planning Commission of the City of Rosemount reviewed
the Final Plat for Highlands of Hawkins Pond located at 4101 143 Street West and found it
consistent with the above mentioned approvals; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Final Plat for Highlands of Hawkins Pond. subject to conditions; and
WHEREAS, on May 17, 2005, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the Final Plat; and
NOW, THEREFORE BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Final Plat for Highlands of Hawkins Pond, subject to:
1. Execution of a Planned Unit Development (PUD) Agreement.
2. Dedication of cross access easements and recording of a maintenance agreement for
shared access to Lots 1 and 2.
3. The shared driveway for Lots 1 and 2 shall conform to the Fire Marshall's 9 percent slope
standard and the applicant shall record an agreement against Lots 1 and 2 relieving any
emergency service provider from liability should their vehicles damage the private
driveway.
4. Payment of all applicable development fees including
2 units of park dedication calculated using the current fee schedule at the time of
Final Plat.
Trunk Sewer Area Charges 1.84 AC x $1,045/AC $1,922.80
Trunk Water Area Charge =1.84 AC x $4,210 /AC $7,746.40
Trunk Storm Area Charge 1.84 AC x $6,015/AC $11,067.60
Sewer Connection Fees SAC units are calculated by MCES
MCES Fee $1,450 /SAC
City Fee= $1,160 /SAC
Water Connection (WAC), Single Family Residential $1,410
Storm Connection (STAC) $670 per lot
RESOLUTION 2005
5. Recording of a conservation easement over the southern 10 feet of Lots 1, 2, and 3 and
the western portions of Lot 1 to maintain the significant trees massing as illustrated on the
approved conservation easement consistent with the approval and condition found in the
PUD Minor Amendment 05- 24 -AMD.
ADOPTED this seventeenth day of May, 2005 by the City Council of the City of Rosemount.
ATTEST:
Linda Jentink, City Clerk
William H Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
DECLARATION OF COVENANTS
AND RESTRICTIONS
THIS DECLARATION made this 17th day of May, 2005, by Kathy Trimble Custom
Homes, Inc. a Minnesota corporation (hereinafter referred to as the "Declarant
WHEREAS, Declarant is the owner of the real property described on Attachment
One, attached hereto and hereby made a part hereof (hereinafter referred to as the
"Subject Property and
WHEREAS, the Subject Property is subject to certain zoning and land use
restrictions imposed by the City of Rosemount, Minnesota "City in connection with the
approval of an application for a planned unit development for a residential development on
the Subject Property; and
WHEREAS, the City has approved such development on the basis of the
determination by the City Council of the City that such development is acceptable only by
reason of the details of the development proposed and the unique land use characteristics
of the proposed use of the Subject Property, and that but for the details of the
development proposed and the unique land use characteristics of such proposed use, the
planned unit development would not have been approved; and
1
WHEREAS, as a condition of approval of the planned unit development, the City
has required the execution and filing of this Declaration of Covenants, Conditions and
Restrictions (hereinafter the "Declaration and
WHEREAS, to secure the benefits and advantages of approval of such planned
unit development, Declarant desires to subject the Subject Property to the terms hereof.
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
following documents, plans and drawings:
a. City Resolution No. 2005 27, Attachment Two
b. Final Plat, Attachment Three
c. Preliminary Plat, Site Plan, Utility Plan, Grading Erosion Control
Plan, Attachment Four
d. Existing Conditions Plan Tree Preservation Plan, Attachment Five
all of which attachments are copies of original documents on file with the City and are
made a part hereof.
2. Development and maintenance of structures and uses on the Subject
Property shall conform to the following standards and requirements:
a. Existing landscaping shall be preserved and maintained in
conformance with the attached Tree Preservation Plan (Attachment
Nine).
2
3. The Subject Property may only be developed and used in accordance with
Paragraphs 1 and 2, and 3 of these Declarations unless the owner first secures approval
by the City Council of an amendment to the planned unit development plan or a rezoning
to a zoning classification that permits such other development and use.
4. In connection with the approval of developers of the Subject Property, the
following variances from City Zoning or Subdivision Code provisions were approved:
a. Section 6.5.f.2.a. Minimum Lot Requirements Minimum Lot
Width. Interior lots 80 feet wide at the 30 foot front yard setback
line. Lot 2 may be 50 feet wide at the 30 foot front yard setback
line from 143 Street.
b. 503.2.3 Surface. Fire apparatus roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall
be surfaced so as to provide all- weather driving capabilities. The
Declarant has recorded a liability waiver against Lots 1, 2 and 3
relieving any emergency service provider from liability should their
vehicles damage a private driveway.
In all other respects the use and development of the Subject Property shall conform to the
requirements of the City Code of Ordinances.
5. The obligations and restrictions of this Declaration 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 Declaration 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.
3
(SEAL)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
and on behalf of said
DECLARANT
By
Its
By
The foregoing instrument was acknowledged before me this day of
2005, by the and
the for and on behalf of
a by
4
Its
Notary Public
Exhibit A
Legal Description
Existing Legal Description:
Lot 11, Block 2, Hawkins Pond, Dakota County.
Proposed Legal Description:
Lots 1, 2 and 3 of Highlands of Hawkins Pond, Dakota County.
Attachment 1
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005 27
A RESOLUTION APPROVING THE PRELI_MINARY PLAT,
MASTER DEVELOPMENT PLAN, AND FINAL SITE AND BUILDING PLAN
FOR HIGHLANDS OF HAWKINS PONDS
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Kathy Trimble Custom Homes, Inc. requesting Preliminary Plat, Master
Development Plan, and Final Site and Building Plan concerning property located at 4101 143`
Street West to allow subdivision of the existing 1.84 acre property into three single family lots,
legally described as:
Lot 11, Block 2, Hawkins Pond, Dakota County
WHEREAS, on February 22, 2005, the Planning Commission of the City of Rosemount
reviewed the Preliminary Plat, Master Development Plan, and Final Site and Building Plan for
Highlands of Hawkins Pond; and
WHEREAS, on February 22, 2005, the Planning Commission of the City of Rosemount
conducted a public hearing for review of the Preliminary Plat, Master Development Plan, and
Final Site and Building Plan application as required by Ordinance B, the Zoning Regulations;
and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Preliminary Plat, Master Development Plan, and Final Site and Building Plan subject
to conditions; and
WHEREAS, on March 15, 2005, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the Preliminary Plat, Master Development Plan,
and Final Site and Building Plan applications for Highlands of Hawkins Pond and adopted a
motion for approval by this resolution subject to conditions.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Preliminary Plat to the Highlands of Hawkins Pond, subdividing Lot 11, Block 2,
Hawkins Pond, Dakota County into Lots 1, 2, 3, Block 1, Highlands of Hawkins Pond, Dakota
County, subject to
1. Design the shared driveway for Lots 1 and 2 to conform to the Fire Marshall's 9 percent
slope standard and record an agreement against Lots 1 and 2 relieving any emergency
service provider from liability should their vehicles damage a private dnveway or
spnnkle the homes on Lots 1 and 2 while building the shared driveway to meet the typical
Engineering Department standards including a 10 percent maximum slope.
2. Payment of all applicable development fees including 2 units of park dedication
calculated using the current fee schedule at the time of Final Plat.
Attachment 2
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Council of the City of Rosemount
hereby approves the Master Development Plan and Final Site Plan and Building Plan of
Highlands of Hawkins Pond, subject to:
1. Submission of a detailed landscape and tree preservation plan illustrating all new and
preserved plants and retaining walls prior to City Council action.
2. Execution of a Planned Unit Development Agreement between the applicant and the City.
3. Dedication of cross access easements and recording of a maintenance agreement for
shared access to Lots 1 and 2.
4. Issuance of a building permit.
5. Recording of a conservation easement over the southern 10 feet of all three lots and the
western 80 feet of Lot 1 to maintain the significant trees missing as illustrated on the tree
preservation plan.
ADOPTED this 15 day of March, 2005 by the City Council of the City of Rosemount.
ATTEST:
Linda Jentink, Cit
erk
William H. Droste, Mayor
2
RESOLUTION 2005 -2 7
Motion by: DeBettignies Second by: Shoe Corrigan
Voted in favor Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner
Voted against: None
Member absent: None
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Attachment 5
Excerpt from the Regular Planning Commission Meeting of April 26, 2005
Consent Agenda:
4A. Approval of the February 8, 2005 Work Session Minutes.
4B. Approval of the February 22, 2005 Minutes.
4C. Approval of the March 8, 2005 Work Session Minutes.
4D. Approval of the March 29, 2005 Work Session Minutes.
4E. Approval of the April 12, 2005 Work Session Minutes.
4F. Continuation of Case 05 -15 -ZA GlenRose of Rosemount (Dean
Johnson) Rezoning and Case 05 -16 -PP GlenRose of Rosemount (Dean
Johnson) Preliminary Plat and PUD Master Development Plan.
4G. 05 -17 -FP Harmony 2 Addition (CPDC) Final Plat.
4H. 05 -18 -FP Highlands of Hawkins (Kathy Trimble) Final Plat.
MOTION by Humphrey to approve the Consent Agenda Items. Second by Zum.
Ayes: Schultz, Zurn, Messner, Humphrey and Powell. Nayes: None Motion
carried.
Excerpt from the Regular City Council Meeting of March 15, 2005
Consent Agenda
Council Member Sterner requested Consent items 6.m, and 6.n. be pulled for discussion.
Mayor Droste requested that item 6 r. be pulled for discussion.
MOTION by DeBettignies to approve the Consent Agenda with the addition of item r., s.
and t. and the removal of m., n and r. for discussion. Second by Shoe Corrigan Ayes:
Baxter, DeBettignies, Shoe Corrigan, Droste, Sterner. Nays None. Motion carried.
a. Minutes of March 1, 2005 Regular City Council Meeting
b. Minutes of March 3, 2005 Special Meeting, Commissioner Interviews
c. Bills Listing
d. Receive Donation for Parks Recreation Department
e. Expenditure Approval from the Donation Account for Parks Recreation
Department
f. Encumbrance of 2004 Budget Items Forward to 2005
g. Fund Balance Transfer/Encumbrance
h. Medical Leave for a Firefighter
i. Dakota County Drug Task Force Joint Powers Agreement
j. Payment #6 Final for Keegan Lake Outlet, City Project 343A
k. Payment #8 Final for Evermoor Clare Downs and Crosscroft Street Utility
Improvements, City Projects 358 and 359
Receive Bids /Award Contract for Well No. 14, City Project 382
1.
o. Set Special Meetings for Fire Station #2
P. Set Public Hearing Date for the Issuance of Bonds for Fire Station #2
q. Kathy Trimble Custom Homes, Inc. PUD Master Development Plan and Final
Site and Building Plan and Preliminary Plat
r. Add On Lebanon Hills Regional Park Stormwater
s. Add -On Driveway Easement for Wiklund Property
t. Add -On Community of Hope Lutheran Church Administrative Plat and
Conditional Use Permit
Excerpt from the Regular Planning Commission Meeting of February 22, 2005
Public Hearing:
5B. Case 05 -12 -PUD and 05 -08 -PP Kathy Trimble Custom Homes, Inc. PUD Master
Development Plan (with Rezoning) and Final Site and Building Plan and
Preliminary Plat.
City Planner Lindahl reviewed the staff report. Kathy Trimble Custom Homes, Inc.
requests Planned Unit Development (PUD) Master Development Plan and Final Site and
Building Plan and Preliminary Plat approvals for the Hawkins property located at 4101
143` Street West.
Chairperson Messner asked the Commission if they had any questions for Mr. Lindahl.
Commissioner Powell questioned whether it is known which of the four utility services is
connected to the existing house and whether a utility easement is required. He wanted to
make sure there wasn't service connection crossing over on to another lot. Mr. Lindahl
stated he would confirm that with the engineering department. Mr Powell also asked
staff to follow through if the approval confines runoff from Lot 2 be to Lot 2 and doesn't
cross over to Lot 3 or a drainage easement may be needed if it can't be confined to that
single lot.
Chairperson Messner asked if the applicant would like to come forward.
Kathy Trimble, 1566 Wexford Court, Eagan, stated the brief history of her company and
her interest in the Hawkins' site. Ms Trimble said she intended to work with the City on
the driveway issues. Ms. Trimble also stated she plans to save as many trees as possible
and the current driveway plan would only cause the loss of two trees. Her intentions are
to create something the neighbors and the Hawkins can be proud of.
Chairperson Messner asked the applicant if she knew with the existing home which of
any existing services is tied into the home. Ms. Trimble stated that Ed McMenomy
believes the utilities on the west side of the property were the ones that were brought into
the house. The four utilities were requested by the Hawkins thinking that some day this
property may be developed.
Commissioner Humphrey asked which of the houses shown in the materials will be built
on Lot 2. Ms. Trimble stated she was hoping to move the lot lines as shown in the artist's
rendering so the rear lot would be 148 feet wide which would give a nice yard once built
on.
Chairperson Messner wanted clarification if she has switched the lot lines between Lots 1
and 2. Ms. Trimble stated that line pretty much has to stay there in order to meet the side
yard setbacks. Ms. Trimble also stated she was not opposed to the staff proposed 80 foot
lot setback but that she wanted to save as many evergreens as possible.
Chairperson Messner asked City Planner Pearson if the preliminary plat portion would be
approving the lot lines as drawn. Mr. Pearson talked about shifting the lot line across the
lot and stated this would come back as a final plat and would solidify the final location of
the property lines. Chairperson Messner had a question about the specific location of the
house on Lot 2 Mr. Pearson stated if it is a PUD they have the ability to influence the
location of the house. With the PUD process, the City can require conservation
easements and deed restrictions.
Chairperson Messner opened the Public Hearing.
Ed McMenomy, 1422 143` Street West, Rosemount, stated that Kathy has done a
wonderful job to meet the land topography. Mr. McMenomy questioned if there would
be a retaining wall by the driveway based upon the slope. Mr. McMenomy suggested
there be a condition that would include landscaping to make the driveway work. Mr.
McMenomy would like the plan to stay the same and didn't approve of the 80 foot
frontage. Mr. McMenomy would like to see all the evergreens in a conversation
agreement
Vicki Goplin, 14106 Dearborn Path, Rosemount, stated she has been in the area for 15
years and is pleased to see the intent of Kathy to keep the trees as is and encouraged the
Commission to pass the item.
Dan Huberty, 4212 143` St., Rosemount, was concerned about the house and existing
property being tied in with the continuity of the neighborhood. Mr. Huberty was glad to
see the trees would be preserved Mr. Huberty questioned the dritieways not being far
apart and suggested all three homes share one driveway.
Michelle Huberty, 4212 143` St., Rosemount, was concerned about the setbacks of the
current homes and the setback of proposed Lot 3. Ms. Huberty also questioned how
close the house would be to the evergreens on Lot 3.
Mr. Pearson stated that setbacks are 30 feet from the property line which makes them
about 45 feet back from the curb. Mr, Pearson stated that on Lot 3 the minimum front
yard setback is 30 feet and the evergreens appear to either straddle or are just inside the
property line.
Dan Huberty, 4212 143` St., Rosemount, expressed concern about the setbacks in
Hawkins Pond and if Lot 3 is going to be too close to the street.
Chairperson Messner stated that using a rough scale it suggests that there are other lots
which are not setback much more than 30 feet. Mr. Pearson stated a fairly consistent
setback is shown at about 35 feet.
Dan Huberty, 4212 143` St., Rosemount, again expressed concern about the setback with
the lone house not architecturally tied into the development.
Kathy Trimble addressed the concerns about the driveway. She explained as far as
setbacks. she prefers to show more home than garage.
Chairperson Messner asked Ms. Trimble to answer the question about the architecture of
the current home.
Ms. Trimble stated it was not her plan to change anything with the existing home. The
existing home is white with maintenance free siding and black shutters with the large
pillars in front with a colonial feel. Ms. Trimble feels the home is relatively attractive.
MOTION by Humphrey to close the Public Hearing. Second by Zurn. Ayes:
Schultz, Zurn, Messner, Humphrey and Powell. Nayes: None. Motion carried.
Chairperson Messner asked for any follow -up questions or discussion.
Chairperson Messner asked if a tree preservation plan will address the tree conservation
easement. Mr. Pearson stated that the grading plan shows a lot about the impact of the
property and that grading follows the driveway to get it to a manageable grade. Mr.
Pearson suggested that everything downhill of this line can be preserved and that
restrictive covenants or conversation easements could be recorded against the property to
require preservation of the trees.
Community Development Director Lindquist stated three conditions of approval the
Commission could add if they so desired. One would be to shift the northern lot line on
Lot 3 to provide more backyard space which would address Ms. Trimble's proposal A
Condition 8 could be that the applicant would dedicate a tree preservation easement over
the coniferous trees over the front property line. Ms. Lindquist stated the condition could
then address the concerns brought forward tonight. Ms. Lindquist also suggested that Mr.
McMenomy's concern be addressed stating the applicant install additional vegetation
south of the retaining wall or within the graded area necessary for the construction of the
driveway on Lot 1 regardless of the tree preservation requirements.
Commissioner Powell questioned the shifting of the north line of Lot 3 and if there was a
specific dimension or amount. Ms. Trimble stated she did it based it on the trees in the
rear corner and she wanted to retain a significant amount of the backyard. Commissioner
Powell suggested a Condition 7 to shift the northern lot line on Lot 3 consistent with the
altemate lot line identified on the Trimble drawing.
MOTION by Powell to recommend the City Council approve the Master
Development Plan (with rezoning) and Final Site and Building Plan and
preliminary plat approval for the property located at 4101 143` Street West to
allow subdivision of the existing 1.84 acre property into three single family lots,
subject to the following:
1. Issuance of a building permit.
2. Execution of a Planned Unit Development Agreement between the applicant
and the City.
3. Submission of a detailed landscape and tree preservation plan illustrating all
new and preserved plants and retaining walls prior to City Council action
4. Redesign of all access driveways to meet the performance standards outlined
by the City Engineer and Fire Marshal.
5. Dedication of cross access easements and recording of a maintenance
agreement for shared access to Lots 1 and 2.
6. Payment of all applicable development fees including 2 units of park
dedication calculated using the current fee schedule at the time of Final Plat.
7. Shift the northern lot line on Lot 3 consistent with the alternate lot line shown
on the Trimble drawing.
Second by Zurn. Ayes: Schultz, Zurn, Humphrey and Powell. Nayes: Messner.
Motion approved 4 -1.
Mr. McMenomy questioned if there was anything in the motion about the conservation
easement. Chairperson Messner stated there was not.
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