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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. 2 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. 1 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. 2 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. 3 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. 1 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. 2 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. 3 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, 4 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 5 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. 6