HomeMy WebLinkAbout6.i. Meadows of Bloomfield Minot PUD Amendment, 06-44-AMDAGENDA ITEM: 06- 44 -AMD Meadows of Bloomfield
Minor PUD Amendment
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.C.P.
Planner
AGENDA NO. 6i
ATTACHMENTS: Meadows of Bloomfield Minor PUD
Amendment, Location Map, Original
Meadows of Bloomfield PUD Agreement,
Meadow of Bloomfield 3 Addition Area
Plat
APPROVED Y:
RECOMMENDED ACTION: Motion to authorize the execution of a Minor
Amendment to the Planned Unit Development Agreement for Meadows of Bloomfield
Centex Homes allowing the option to construct rambler style custom designed homes
on Lots 21 -31, Block 1, Meadows of Bloomfield 3' Addition.
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting August 2, 2006
EXECUTIVE SUMMARY
SUMMARY
Applicant Property Owner(s): McDonald Construction, Inc.
Location: South of 135 Street, North of the Connemara Trail,
East of Meadow of Bloomfield Park and West of
Autumn Path
Area in Acres: Approximately 5 Acres (10 Single Family Lots)
Comp Guide Plan Desig: UR Urban Residential
Current Zoning: R -1, Low Density Residential and Meadow of
Bloomfield Planned Unit Development (PUD)
The apphcant, McDonald Construction, Inc., has apphed for a Minor Amendment to the Planned
Umt Development (PUD) Agreement for Meadows of Bloomfield Centex Homes. The request is to
allow the option to construct rambler style custom homes on Lots 21 -31, Block 1, Meadows of
Bloomfield 3r Addition The subject properties are located south of 135 Street, north of the
Connemara Trail, east of Meadow of Bloomfield Park and west of Autumn Path. By ordinance,
Minor PUD Amendments are admuustratively approved by staff However, given that this is an
amendment to a contract, the City Council must approve the contract modification.
The apphcant requested amendment to section 2.D.4 which requires all homes to be two stories in
height (see the Planned Unit Development Agreement for Meadow of Bloomfield attached).
Originally, this architectural requirement was mduded in the PUD standards to accommodate the
design of Centex's homes. Since then, Centex sold eleven lots to McDonald Construction.
McDonald is a custom home builder who works with their customer to design each hone to fit the
customer's lifestyle and desires. This business model may lead to either a single or two -story home,
depending on the unique needs of their customer. While in this case McDonald has a customer who
wants a rambler style home, they have at least three different two -story homes in Rosemount (two m
Meadow of Bloomfield and one m Harmony). Staff has administratively approved the minor
amendment. The desire to have a two story house was prompted by the plans initially shown to the
City as part of the PUD process The ability for a custom home budder to bring variety to the
neighborhood with differing housing styles is a desirable option.
CONCLUSION
Staff recommends approval of a Minor Amendment to the PUD Agreement for Meadows of
Bloomfield Centex Homes to allow the option to construct rambler style custom homes on Lots 21-
31, Block 1, Meadows of Bloomfield 3r Addition Currently, the PUD agreement only allows two
story homes and McDonald Construction, a custom home builder, wishes to offer a rambler style
product to their customers. Staff has approved the minor amendment based on the findmg that it
allows for the potential to diversify the housing stock within the Meadows neighborhood while
maintaining the other architectural standards required under the original PUD.
RECOMMENDATION
Approve the Minor Amendment to the PUD Agreement for Meadows of Bloomfield.
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MINOR AMENDMENT TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR MEADOWS OF BLOOMFIELD CENTEX HOMES
THIS DECLARATION made this day of 2006, by
McDonald Construction, Inc., a Minnesota Corporation, (hereinafter referred to as the
"Declarant
WHEREAS, McDonald Construction, Inc. is the owner of the real property described as
follows: Lots 21 -31, Block 1, Meadows of Bloomfield 3 Addition, Dakota County, Minnesota,
hereinafter referred to as the "Subject Property"; and
WHEREAS, the Subject Property is subject to the existing Planned Unit Development
(PUD) Agreement for Meadows of Bloomfield Centex Homes, dated May 27, 2004, and on file
with the Dakota County Recorder's office as Document Number 2208500 and the Declaration of
Covenants and Restrictions Meadows of Bloomfield Freedom Homes PUD Amendment dated
March 29, 2005, and on file with the Dakota County Recorder's Office as Document Number
(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 2.D.4 shall be amended to read as follows: "All homes shall be two
stories in height plus roof. except that Lots 21 -31, Block 1, Meadows of
Bloomfield 3` Addition may also contain rambler style custom designed homes."
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.
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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.
STATE OF MINNESOTA
COUNTY OF DAKOTA
ss.
DECLARANT
MCDONALD CONSTRUCTION, INC.
By
Its
The foregoing instrument was acknowledged before me this day of
2006, by the for
and on behalf of McDonald Construction, Inc., a Minnesota corporation, by and on behalf of said
corporation.
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
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CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
And by:
James Verbrugge, Administrator
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2006, by William H. Droste and James Verbrugge, the Mayor and City Administrator, respectively,
for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said
corporation.
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Notary Public
Meadows of Bloomfield 3rd Addition Minor PUD Amendment
Copyright 2006, Dakota County Map Date July 27, 2006
N
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR MEADOWS OF BLOOMFIELD
CENTEX HOMES
THIS AGREEMENT dated this day of 2004, by and
between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, "City
and. Centex Homes, 12400 Whitewater Drive, Suite 120, Minnetonka, MN 55433 (the
"Developer
WHEREAS, the Developer is the owner of the real property legally described as:
That part of the Southeast Quarter of Section 21, Township 115, Range 19, and
the Northeast Quarter of Section 28, Township 115, Range 19, Lying north of
Rock Island and Pacific Railroad, and lying Northerly of premises described in
Document No 698135, Dakota County, Minnesota,
(hereinafter referred to as the "Subject Property and,
WHEREAS, in connection with the development of the Subject Property, the Developer
has applied to the City for approval of a Residential Planned Unit Development
(hereinafter referred to as "the PUD for to the Subject Property pursuant to the
ordinances of the City; and,
WHEREAS, the City has approved the PUD on the basis of a determination by the City
Council that such PUD is acceptable only by reason of details of the Developer's
development proposal as described herein and the unique characteristics of the
combination of land uses proposed for the subject property including preservation of a
Minnesota Department of Natural Resources regulated ponding area, and but for such
details of the development proposal and unique and use combinations proposed for the
property, the PUD would not have been approved, and,
WHEREAS, as a condition of approval of such PUD, the City has required the execution
and filing of this document by the Developer; and,
WHEREAS, to secure the benefits and advantages of such approval, the Developer
desires to subject the Subject Property to the terms hereof,
NOW THEREFORE, the Developer declares that the Subject Property is, and shall be,
held, trans(erred, sold, conveyed and occupied subject to the covenants, conditions and
restrictions set forth herein and agrees as follows:
Residential Planned Unit Development: All residential development of the
Subject Property shall comply with the Development Plan approved by the
City and with conditions specified below Where a specific condition is not
addressed herein, the conditions of Resolution 2003 -100 adopted by the City
Council on September 16, 2003, which resolution is attached hereto as exhibit
9 and hereby made a part hereof shall apply Otherwise, the regulations of the
City Zoning Ordinance (Ordinance B "Zoning Regulations shall apply.
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The Development Plan consists of the following documents, original copies of which are
on file with the City of Rosemount Community Development Department, and of which
photo reduced copies are attached as Exhibits 1 -7:
Page Title
1 of 4 Existing Conditions Survey Plan
2 of 4 Preliminary Plat 1 site plan
3 of 6 Grading Plan 17 pages
3 of 4 Preliminary Utility Plan
5 of 9 Landscape Plan 8 pages
4 of 4 Tree Inventory Preservation Plan
7 of 9 Preliminary Landscape Detailed Areas
Dated
06/04/2003
06/04/2003
11/11/2003
06/18/2000
01/05/2004
06/04/2003
Plan 06/26/2003
Revised Exhibit
01/05/2004 1
01/05/2004 2
1/2/2004 3 a -q
01/05/2004 4
5 a -h
01/05/2004 6
11/24/2003 7
The following list specifies the variances granted through PUD:
Single family lot widths are being reduced by ten feet and front yards are
being reduced five feet from applicable minimum standards. The minimum
setbacks for the Row houses from Street A/ Autumn Path shall be 35 feet.
Density transfer for the townhouse cluster areas for the carnage and
Georgetown units in return for the open space presented in outlots B, C, F.
Reductions of garage size standards for the 58 "Carriage Homes" to a
minimum of 358 sq. ft.
30 ft. building setback reductions to Shoreland Overlay District Standards for
Lots 39 and 40, Block 4.
IL Conditions of Planned Unit Development Approval: The development and use
of the Subject Property shall be consistent with the following requirements:
A. Except as specified herein, Conformance with the requirements of
Ordinance B, the Zoning Ordinance and the conditions of resolution 2003-
38, attached as exhibit 8.
B. Conformance with all of the conditions of Resolution 2003 -100, approving
the Preliminary Plat for the Subject Property attached as exhibit 9.
C. Conformance with the architectural detail for town -homes attached as
exhibits 10 -12.
D. Conformance with the following architectural detail for single family
detached houses
i) Principal roofs will include hips and gables of 6 to 8:12;
ii) Secondary roofs will include porch roofs, cross gables and hips
Secondary hip and shed roofs shall have pitches ranging from 4:12
to 6:12 and gable roofs from 5:12 to 10:12.
iii) Primary building elevations will have two articulations and
asymmetrical facade composition.
iv) All homes shall be two stories in height plus roof.
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v) Second -story gable can overhang first floor mass, however,
setbacks are measured to foundations, with exceptions as permitted
in Section 7.2.0 of the zoning ordinance. As such only chimneys,
flues, belt courses, ornamental features, cornices, roof -eves and
window "bump- outs" may project no more than 2.5 feet into a
setback area or required yard area.
vi) All principal structures shall have full or partial (entry) porches
with minimum depths of five feet.
vii) Columns shall have masonry bases of brick or stone.
viii) Front doors will be paneled and feature sidelights and/or transoms.
ix) Streetscape diversity shall be achieved through a variety of models
and architectural treatments whose details include: different wall
colors on adjacent buildings, lap siding, cedar shakes and brick or
stone masonry accents. Alternative materials snatching the
character of the above may be accepted at the discretion of the
Director of the Community Development Department or the
Director's Designee.
x) Single family detached structures shall conform with the attached
exhibits 13 -14.
E. A conservation easement shall be recorded for the 75 ft bufferzone
extending above the outer edge of the delineated wetland in a form
acceptable to the City Attorney for lots 35 44, Block 5.
F. An easement for public trail use shall be recorded along the northern
fifteen feet of Lot 49, Block 5 for public access between Atwood Trail
(Street G) and Outlot E.
G. The PUD includes extensive plantings in Boulevard or right -of -way areas.
Maintenance and replacement of said plantings shall be the responsibility
of the Homeowner's Association or the individual homeowner All
boulevard trees shall be provided sufficient space for healthy growth and
be planted no closer that 3 5 feet from curb gutter, sidewalks, trails or
streets Visibility at intersections shall be maintained in accordance with
Section 7 2.C.5 of the zoning ordinance
H. All Park Dedication in the form of both land and monetary compensation
shall occur with the first final plat approval prior to recording.
The Developer shall pay all costs associated with the construction of the
roadway north of Connemara Trail between outlots E and G, the parking
lot on Outlot E, and all grading and seeding for the park on Outlot E in
accordance with City specifications.
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III Administrative Provisions
A. The Development Plan represents the approved development on the
Subject Property Amendments to the Development Plan shall be
processed in accordance with Section 12.6 of the Zoning Ordinance. The
City Council will have the discretion to determine if a major amendment
process with public hearings is warranted. Any amendments to this
agreement shall be in writing and executed by both parties
13. Continuing breach of the terns of this agreement by the Developer, or any
successor or interest, shall be grounds for denial of building penults.
C. Each phase of the development will require final plat approval. At the
time of final plat, a development or subdivision agreement shall be
executed between the City and the Developer in order to secure public
improvements and park dedication Minor amendments to the PUD may
be included. As a condition of approval for any subdivision or re-
subdivision of the Subject Property, the City may require the execution
and filing of such agreements as the City Council of the City deems
necessary or expedient to assure the performance of the Developer's
obligations under this or any other related agreement with the City
including, but not Limited to the planting and maintenance of landscaping,
preservation of wetlands, maintenance of trails or sidewalks, maintenance
of private streets, restrictions on accessory structures and outside parking
or storage, maintenance of outlots and common areas.
D. Temporary sales offices consistent with applicable building code
requirements shall be permitted on lots located at the entrances to
neighborhoods. Such offices shall be required to conform to applicable
City and zoning standards for materials, setbacks, landscaping and erosion
control. Parking areas shall conform to applicable setbacks Parking
surfaces may consist of crushed rock or other materials acceptable to the
City Engineer. Surfaces shall be maintained at the expense of the
Developer in a manner that will prevent erosion or rutting by vehicles.
The sales offices shall be remo ed at the Developer's expense when the
Development of the applicable neighborhood is no more than 75
complete with housing units.
E. The Developer represents to the City that to the best of its knowledge, the
PUD development complies with all City, county, metropolitan, state and
federal laws and regulations, zoning ordinances, and environmental
regulations If the City determines that the PUD development does not
comply, the City may, at its option, refuse to allow construction or
development work in the PUD development until the Developer does
comply.
F. If any portion, section, sentence, clause, paragraph or phrase of this
agreement is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Agreement.
G. This agreement may be enforced by the City acting through its City
Council The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
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amendments or waivers shall be in writing, signed by both parties and
approved by the City Council. The City's failure to promptly take legal
action to enforce this Agreement shall not be a waiver or release.
H. Each right, power or remedy herein conferred upon the City or the
Developer, respectively, as the case may be, is cumulative and in addition
to every other right, power, or remedy, express or implied, now or
hereafter arising, available to the City or the Developer, at law or in
equity, or under any other Agreement, and each and every right, power,
and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient
by the City or the Developer and shall not be a waiver of the right to
exercise at any time theieafler any other right, power or remedy.
This Agreement will run with the land and bind the Developer and all
future owners of the land within the Subject property, and shall be
recorded by the Developer against the subject property After the
Developer has completed the work required of it under this agreement, at
the Developers request, the City will execute and deliver to the Developer
an appropriate partial release from this agreement.
J. The Developer may not assign this agreement without written permission
of the City Council except that the Developer may assign this agreement
and the obligations under it to any subsequent owner or successor of any
part of the Subject Property.
K. If building permits are issued prior to the completion and acceptance of
public improvements, the Developer assumes all liability and costs
resulting from delays in completion of public improvements and damage
to public improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties.
L. Required notices to the Developer shall be made in writing, and shall be
either hand- delivered to the Developer, its employees or agents, or mailed
to the Developer by iegistered mail at the following address Centex
Homes 12400 Whitewater Dr. Ste. 120, Minnetonka, MN 55343 Notices
to the City shall be in writing and either hand delivered to the City
Administrator or mailed to the City by registered mail in care of the City
Administrator at the following address: Rosemount City Hall, 2875 145`
Street West, Rosemount, MN 55068, Attn: City Administrator
M. This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written
CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
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STATE OF MINNESOTA
COUNTY OF DAKOTA
Drafted by:
City of Rosemount
2875 145 Street West
Rosemount, MN 55068
S S
By:
By:
Notary Public
Notary Public
Linda Jentink, City Clerk
CENTEX HOMES, Minnesota Division,
Developer
Scott J. Richter
Its: Division President
The foregoing instrument was acknowledged before me
this day of 2004, by William H. Droste, Mayor, and Linda Jenunk,
City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me
this day of 2004, by Scott J. Richter, the Division President of
Centex Homes, Minnesota Division 12400 Whitewater Dr. Ste. 120, Minnetonka, MN
55343, on behalf of the corporation.
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