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Home My WebLink About6.i. Evermoor Parkway Minor PUD AmendmentCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: January 2, 2000 AGENDA ITEM: Evermoor Parkway Minor PUD Amendment AGENDA SECTION: Consent . PREPARED BY: Rick Pearson, City Planner AGENDA ATTACHMENTS: Draft Resolution, Draft PUD Amendment APPROVED BY: Agreement, Correspondence �i� Applicant & Property Owner(s): Dave Hempel of Contractor Property Developers Company. Location: Drumcliffe (Classic Homes) lots that have frontage on Evermoor Parkway Number of Lots /units: 17 lots SUMMARY There are 17 lots in Evermoor that are limited to frontage on Evermoor Parkway with no other options for driveway locations. Council may recall the extensive discussions which have occurred regarding this issue and a resulting understanding that there would be an expectation for driveway turn - arounds or "hammerheads ". While traffic may still back out onto Evermoor Parkway, at least the tum- around option will be built in. In order to facilitate the hammerheads, the Builders and the Developer are asking for side -yard setback reductions for driveways. The current expectation is that driveways have the same setbacks as garages — five feet. This exception will allow the driveways to encroach into the setback (and the drainage & utility easements). Acting City Engineer Weiss has indicated that this is acceptable, as long as the City does not have to repair parking improvements after performing needed work in the easement areas. Therefore, this item is presented as an Administrative PUD Amendment. It does not involve variances to buildings or changing the mix or style of the housing. Therefore, a public hearing and Planning Commission recommendation is not required as part of a minor amendment. Council approval is still required, however. The Developer has requested a two -foot setback. The Council may even consider zero -lot line, so that all contingencies are covered. In return, The City should have a hold - harmless agreement (in a form acceptable to the City Attorney) recorded with each affected lot in the event of service or repairs needed in the drainage & utility easements. Since it is necessary to go through this process, Staff recommends that driveway access in general be restricted to the lower - volume streets in the case of double - frontage or corner lots. There will be an additional caveat that requires driveways to align with the farthest lot line from an intersection (on the lower volume- street). RECOMMENDED ACTION: Motion to adopt a resolution approving the Administrative Minor PUD Amendment to Evermoor and authorizing the execution of a PUD amendment agreement. CITY COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001 - A RESOLUTION APPROVING THE ADMINISTRATIVE MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR EVERMOOR WHEREAS, the Planning Department of the City of Rosemount received an application from Contractor Property Developers Co. for approval of a minor amendment to the Planned Unit Development for Evermoor; and WHEREAS, on January 2, 2001, the City Council of the City of Rosemount reviewed the application for a minor amendment to the Planned Unit Development for Evermoor. NOW, THEREFORE, BE IT RESOLED, the City Council of the City of Rosemount hereby approves the minor amendment to the Planned Unit Development for Evermoor, subject to: 1) Recording of a Hold Harmless Agreement, in a form acceptable to the City Attorney, against each affected lot in the event of service or repairs needed in the drainage and utility easements. 2) Restricting driveway access to the lower- volume streets in the case of double - frontage or corner lots. 3) Requirement that driveways align with the farthest lot line from an intersection on the lower volume - street). 4) Execution of an amended PUD Agreement. ADOPTED this 2nd day of January, 2001, by the City Council of the City of Rosemount. ATTEST: Cathy Busho, Mayor Linda Jentink, City Clerk Motion by: Voted in favor: Voted against:_ Member absent: Seconded by: DRAFT PLANNED UNIT DEVELOPMENT AMENDMENT AGREEMENT EVERMOOR THIS AGREEMENT dated this day of , 2001, by and between the City of Rosemount, Minnesota, a Municipal corporation (hereinafter "City ") and Contractor Property Developers Corporation, a Minnesota corporation, having the address of 7100 Northland Circle, Suite 108, Minneapolis, MN 55428, (the "Developer "). WHEREAS, the Developer is the owner of the real property legally described as: Evermoor, Dakota County, Minnesota attached hereto and made apart hereof (hereinafter referred to as the "Subject Property"; and, WHEREAS, the Subject Property is being developed for residential use under a planned unit development pursuant to the ordinances of the City and, in connection therewith, has been made subject to an agreement entitled "Planned Unit Development Agreement" dated June 20, 2000 by and between the City and the Developer (hereinafter the "PUD Agreement "); and, WHEREAS, application has been made to the City for a minor amendment to the Planned Unit Development for the Subject Property to accommodate setback encroachments for each required driveway turn- around for lots fronting on Evermoor Parkway; and, WHEREAS, the Developer desires to make certain revisions to the portions of the PUD as described herein, that will not have an adverse impact on public health, safety or welfare, without which assurances and agreements the amendment of the planned unit development agreement would not be approved by the City; and, WHEREAS, the City has approved the PUD Amendment on the basis of a determination by the City Council of the City that such PUD Amendment is acceptable only be reason of the details of Developer's development proposal as described in the PUD Amendment Agreement and the unique land use characteristics of the proposed use of the Subject Property; and but for such details of the Development proposal and unique land use characteristics of such proposed use, the PUD Amendment would not have been approved. NOW, THEREFORE, on the basis of the PUD Agreement and mutual covenants and agreements hereinafter set forth it is agreed that the PUD Agreement as it relates to the Subject property is amended as follows: The Planned Unit Development Agreement provides and allows for an amendment of the planned unit development on the Subject Property to allow the modifications to side -yard setbacks for parking in the Drumcliffe neighborhood subject to the following terms and conditions. 2. Residential Planned Unit Development Amendment: All residential development within the Drumcliffe neighborhood shall comply with the development plan prepared by Westwood Professional Services and approved by the City with conditions specified below. The Amendment only concerns parking setback reductions in sideyards of lots that have street frontage to Evermoor Parkway. All previously stated conditions remain in effect. Where a specific condition is not addressed herein, the conditions of Resolution 1999 -64 shall apply, otherwise, the regulations of the City Zoning ordinance (Ordinance B "Zoning Regulations ") shall apply. The term "Development Plan" used herein shall refer to the approved Preliminary Plat, Grading, Utility and Planting Plans submitted by Contractor Property Developer's Company, prepared by Westwood Professional Services and approved by the City Council on August 1, 2000 (Resolution 2000 -80). 3. Conditions of Planned Unit Development Amendment Approval: A. A hold - harmless agreement in a form acceptable to the City Attorney shall be recorded for each affected lot where a driveway encroaches into a drainage & utility easement. B. All lots that front two or more streets shall have driveway access to the street with the lowest traffic volume. C. Corner lots shall have driveways that align with the furthest side lot line away from the intersection on the lower volume street. 4. ADMINISTRATIVE PROVISIONS The administrative provisions of the Planned Unit Development Agreement Evermoor dated June 20, 2000 remain in full force and effect relative to this amendment agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands to day and year first above written. CITY OF ROSEMOUNT Cathy Busho, Mayor Linda Jentink, City Clerk r CONTRACTOR PROPERTY DEVELOPERS COMPANY By: Homer Tompkins III, President STATE OF MINNESOTA ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2001 by Cathy Busho, Mayor, and Linda Jentink, .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. Notary Public STATE OF MINNESOTA SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2000, by Homer Tompkins, President of Contractor Property Developers Company, a Minnesota Corporation on behalf of the corporation. Notary Public Drafted By: City of Rosemount 2875145` Street West Rosemount, MN 55068 Creating Neighborhoods of Merit December 20, 2000 Mr. Rick Pearson Via Facsimile Planning Department City of Rosemount P.O. Box 510 2875 — 145" Street West Rosemount, MN 55068 Re: Request for a Minor Amendment to Planned Unit Development - Evermoor Dear Mr. Pearson: Contractor Property Developers Company (CPDC), the developer, requests the City of Rosemount to grant a minor amendment to the Evermoor PUD. We are requesting that driveways and /or turnarounds be permitted to encroach the 10 -foot side yard setbacks and Drainage and Utility easements to within 2 feet of the property line. This request is precipitated by the need to accommodate a driveway turnaround area for the lots that directly access Evermoor Parkway, specifically Lots 12 -13, Block 8, Lots 1 -6, Block 9 and Lots 1 -10, Block 10, Evermoor. I have attached a sample certificate of survey with a typical driveway turnaround, along with a completed application. I will forward the application fee within the next few days. Thank you for your consideration in this matter. If you have any questions please feel free to contact me. Sincerely, David C. Hempel Project Manager Cc: Craig Rapp CPDC Corporate Offices: The Quadrant Building - 7100 Northland Circle - Suite 108 - Minneapolis, MN 55428 phone: (612)971 -0477 - fax: (612)971 -0576 - email: cpdc@schererbros.com lej UU7 1UU7 9LfB6:oN oon 0o%Z/60 mla0 N3S A w,o.0 also 5"Iy� Y ZZ9S OSlS-CE6/tS6 :\woyd too! i sy Pu la. ^s Pwi N an 1 Pno ugsluaoiu /aaryp .tm Ja un Je auI ,fv Was NW - O.kMtm �P3 t PuodaO arow fwwr qql m; R /..9 4 I OKIO Ow6eve 6653 '�U� 'Sa�uUas leuOlSS81Wd POOl 4s8M 1 I O •PQ a OO Iis• 'Wimov Paamua ua Pa000 a6waag +Iays - aPS Lot - ,peg )as iwwnwul wy niawp bw - Ive-W P-4) O 0' d*O worm3s MOdOdd SV AN 016 3JY SLAGAM0aldly! ae a3ts3no#d al3 do Omv s3unun \s&xuhOO 77v (00-tt -60 x sr a3oal0O3b mv) rotorauLM K)U-.7 00400 �—ti:4 laid PO JOav a4# 07 b(auOOM e WOHY343 6 JPO/9 S 07 ✓oy MOlLdJ2J9530 7"37 L' t ws r am r p „s J &0 0o Y9 nw a•u � a. oGy r -- �s H '!'•) a 3snar 1 ' s3)In s wwrsog prBin 1 1 L Pw a6ayap r 9 s� r o I oes e s ms A3AHns do 31V01.411tJ r MOSO76o99 M lej UU7 1UU7 9LfB6:oN oon 0o%Z/60 mla0 N3S A w,o.0 also 5"Iy� Y ZZ9S OSlS-CE6/tS6 :\woyd too! i sy Pu la. ^s Pwi N an 1 Pno ugsluaoiu /aaryp .tm Ja un Je auI ,fv Was NW - O.kMtm �P3 t PuodaO arow fwwr qql m; R /..9 4 I OKIO Ow6eve 6653 '�U� 'Sa�uUas leuOlSS81Wd POOl 4s8M 1 I O •PQ a OO Iis• 'Wimov Paamua ua Pa000 a6waag +Iays - aPS Lot - ,peg )as iwwnwul wy niawp bw - Ive-W P-4) O 0' d*O worm3s MOdOdd SV AN 016 3JY SLAGAM0aldly! ae a3ts3no#d al3 do Omv s3unun \s&xuhOO 77v (00-tt -60 x sr a3oal0O3b mv) rotorauLM K)U-.7 00400 �—ti:4 laid PO JOav a4# 07 b(auOOM e WOHY343 6 JPO/9 S 07 ✓oy MOlLdJ2J9530 7"37 L' t ws r am r p „s J &0 0o Y9 nw a•u � a. oGy r -- �s H '!'•) a 3snar 1 ' s3)In s wwrsog prBin 1 1 L Pw a6ayap r 9 s� r o I oes e s ms A3AHns do 31V01.411tJ r