HomeMy WebLinkAbout6.l. Highlands of Hawkins Pond, Kathy Trimble PUD Minor Amendment 05-24-AMDAGENDA ITEM: 05- 24 -AMD Highlands of Hawkins Pond
(Kathy Trimble) PUD Minor Amendment
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.0 P.
Assistant City Planner
AffilimN#6 L
ATTACHMENTS: Draft Resolution, Proposed Conservation
Easement Illustration and Legal Description,
Lot Illustrations, 04/26/05 PC Minutes,
03/15/05 CC Minutes, 02/22/05 PC Minutes,
Location Map
APPROVED BY:
P
RECOMMENDED ACTION: Motion to approve a Minor PUD Amendment for the
Highlands of Hawkins Pond revising the Conservation Easement over Lots 1, 2, and 3,
subject to conditions.
1. The Conservation Easement be revised to exclude the existing accessory building
on Lot 1, Block 1, include the southern ten (10) feet of Lots 1, 2, and 3, Block 1, and
allow the installation of driveways on Lots 2 and 3, Block 1 as illustrated on the
approved Site Plan.
2. Review and approval of all legal documents by the City Attorney.
ACTION:
Applicant Property Owner(s):
Location.
Area in Acres:
Number of Lots Density:
Comp. Guide Plan Desig:
Current Zoning:
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
SUMMARY
The applicant, Kathy Trimble Custom Homes, requests a minor amendment to the Planned
Unit Development (PUD) approval for Highlands of Hawkins Pond. This PUD was approved
by the City Council on March 15, 2005 and 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.
The original approval contained a condition requiring the applicant to record a conservation
easement over the western 80 feet of Lot 1 and the southern 10 feet of Lots 1, 2, and 3 to
maintain the significant trees massing as illustrated on the approved Tree Preservation Plan.
Preservation of these trees, along with protection of the existing topography were key factors
in the rational for granting the original planned unit development approval for this project.
Kathy Trimble 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
DISCUSSION
Section 12.6, Subdivision E, requires major PUD amendments to have a full review including
a public hearing before the Planning Commission and review and approval by the City
Council. Minor amendments require only review and approval by the City Council. Staff finds
the proposed amendment to be minor because it maintains the spirit and intent of the original
PUD which is to preserve the existing trees. However, an amendment is required as the
applicant is requesting a modification from the approved condition of approval.
After review of the approved conservation easement, the applicant felt it covered more of the
property than is necessary to preserve the trees and topography. As a result, the applicant
has submitted a revised conservation easement (attached) designed to correspond to the
edge of grading illustrated on the original Grading and Erosion Control Plan. While the
revised conservation easement appears to follow edge of grading, it fails to cover the trees in
the southern 10 feet of Lots 1, 2, and 3. Preservation of the large evergreen trees along the
front property line was an issue raised during the public hearing by residents and was an
interest of the Council. Staff is recommending approval of the Amendment pending revisions
to the conservation easement to exclude the existing accessory building on Lot 1, include the
southern ten (10) feet of Lots 1, 2, and 3, and allow the installation of driveways on Lots 2
and 3 as illustrated on the approved Site Plan.
RECOMMENDATION
Approve the draft resolution.
2
Lots 1, 2 and 3, Highlands of Hawkins Pond
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005-
A RESOLUTION APPROVING A MINOR AMENDMENT TO
THE HIGHLANDS OF HAWKINS POND PLANNED UNIT DEVELOPMENT
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Kathy Trimble Custom Homes requesting an amendment to the Highlands of
Hawkins Pond Planned Unit Development concerning property legally described as:
WHEREAS, the Preliminary Plat, Master Development Plan, rezoning from R -1 to PUD R -1,
and Final Site and Building Plan were reviewed by the Planning Commission on February 22,
2005 and approved by the City Council on March 15, 2005, and
WHEREAS, on May 9, 2005, the Community Development Department received an application
from Kathy Trimble Custom Homes for a PUD minor amendment for Highlands of Hawkins
Pond to amend condition 5 of the PUD Approval regarding the conservation easement over the
western 80 feet and southern 10 feet of Lot 1, to the revised easement following the grading line
on the tree preservation plan and illustrated on Exhibit A (Map) and Exhibit B (Legal
Description) attached hereto and incorporated herein, and
WHEREAS, the Community Development Director found this application to be a Minor PUD
Amendment that does not require a Public Hearing before the Planning Commission but does
require review and approval by the City Council; and
WHEREAS, on May 17, 2005, the City Council of the City of Rosemount reviewed the staff's
reconunendation and the minor PUD amendment for Highlands of Hawkins Pond and adopted a
motion for approval of the minor PUD amendment by this resolution subject to conditions.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the minor amendment to the Highlands of Hawkins Pond Planned Unit Development,
subject to:
1. The Conservation Easement be revised to exclude the existing accessory building on Lot
1, Block 1, include the southern ten (10) feet of Lots 1, 2, and 3, Block 1, and allow the
installation of driveways on Lots 2 and 3, Block 1 as illustrated on the approved Site
Plan.
2. Review and approval of all legal documents by the City Attorney.
ADOPTED this 17 day of May, 2005 by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
RESOLUTION 2005
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
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Exhibit A
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L E G A L D E S C R I P T I O N
DATE: May 6, 2005
RE: HIGHLANDS OF HAWKINS POND
Exhibit B
Conservation Easement
That part of Lot 1, Block 1, HIGHLANDS OF HAWKINS POND, according to the
record plat thereof, Dakota County, Minnesota, lying westerly of the following
described line: Commencing at the southwest corner of said Lot 2; thence on an
assumed bearing of South 89 degrees 55 minutes 41 seconds East, along the
south line of said Lot 2, a distance of 35.66 feet to the point of beginning of said
line to be described; thence North 19 degrees 21 minutes 36 seconds East 85.08
feet; thence North 80 degrees 16 minutes 56 seconds West 33.15 feet; thence on a
bearing of North 76.41 feet; thence North 18 degrees 35 minutes 33 seconds East
103.14 feet to the north line of said Lot 2 and there terminating.
Driveway Easement
The South 50.00 feet of the West 35.00 feet of Lot 2, Block 1, Highlands of
Hawkins Pond, Dakota County, Minnesota.
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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.
41I. 05 -18 -FP Highlands of Hawkins (Kathy Trimble) Final Plat.
MOTION by Humphrey to approve the Consent Agenda Items. Second by Zurn.
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
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.
P.
D.-•-
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
s.
t.
Add -On Driveway Easement for Wiklund Property
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 I- Iuberty questioned the driveways 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 concem 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, Zum, 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
alternate 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, Zum, 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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