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HomeMy WebLinkAbout6.i. Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Adjust Side Yard Setbacks on Certain Lots EXECUTIVE SUMMARY City Council Regular Meeting: October 3, 2017 AGENDA ITEM: Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Adjust Side Yard Setbacks on Certain Lots AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.i. ATTACHMENTS: Location Map, Resolution, Minor Amendment to the Planned Unit Development Agreement, Overall Layout, Lot Fit Plan APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to adopt a resolution approving a Minor Amendment to the Bella Vista Planned Unit Development Agreement reducing the northern side yard setback on Lot 11 and southern side yard setback on Lot 12, Block 2, in the Bella Vista 5th Addition to 5 feet. Additionally, the northern side yard setback of Lot 2, Block 1D and southern side yard setback of Lot 3, Block 1D, and the southern side yard setback of Lot 13, Block 2D, as depicted in the preliminary plat of Bella Vista is approved to 5 feet from the required 7.5 feet. 2. Motion to approve the amended Bella Vista Planned Unit Development Minor Amendment Agreement and authorizing the Mayor and City Clerk to enter into the agreement. ISSUE Lennar is currently constructing its third phase of the Bella Vista neighborhood. The Planned Unit Development Agreement had been previously amended in May 2016 to allow for a smaller setback due to a wider than anticipated drainage and utility easement on a specific lot. The easement width increase was a result of needing a deeper storm sewer than planned in the preliminary plat. At that time, the foundation of one of the homes on the subject lot had already been constructed. The current request is similar, although the lots have not been built upon. However, Lennar has specific home styles it is selling for Bella Vista and recognizes that provision of the larger easement will not allow 7.5-foot side yard setbacks. The lots affected by the easement dedication change, and therefore the amended side yard setbacks are: Lots 11 and 12 of Block 2 in the Bella Vista 5th Addition and Lots 2 and 3 of Block 1D and Lot 13 of Block 2D as defined in the approved preliminary plat. Staff is recommending approval of the amendment. SUMMARY Lennar has requested the side yard setbacks be revised on Lots 11 and 12 of Block 2 in the Bella Vista 5th Addition and also on Lots 2 and 3 of Block 1D and Lot 13 of Block 2D of the preliminary plat of Bella Vista. This request is the result of larger than usual drainage and utility easements being needed along the property lines that adjoin each lot. The easements are larger than the typical five-foot drainage and utility easements to accommodate the storm water management system in the Bella Vista neighborhood. 2 A site plan of the lots in question has been included in the attachments. The two ten-foot easements result in a separation between the two residential structures on Lots 11 and 12 of twenty feet. While the total side yard setback of fifteen feet is maintained on each of the lots, there is an issue of proximity between Lots 10 and 11 and Lots 12 and 13, with a distance of 12.5 feet between the two structures on each pair of lots. This revision will apply to Lots 11 and 12 of Block 2 in the 5th Addition and also on Lots 2 and 3 of Block 1D and Lot 13 of Block 2D of the preliminary plat. These lots will be platted in the future although the amendment will carry forward. Staff had requested that the applicant identify any other possible conflicts that might arise in the future as to avoid additional amendments. Therefore, the amendment includes parcels not currently final platted. However, staff did not want to amend the PUD with each final plat. Pending the approval of this amendment, the applicant has indicated that no future adjustments to the side yard setbacks will be required. CONCLUSION Staff is recommending approval of a resolution approving a Minor Amendment to the Bella Vista PUD which permits several modifications to the required 7.5 foot side yard setback. Because the PUD is a contract between the City and Lennar, the Council must also approve the amended PUD Agreement. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017 - A RESOLUTION APPROVING A MINOR PUD AMENDMENT REDUCING SIDE YARD SETBACKS ON LOTS 11 & 12, BLOCK 2 BELLA VISTA 5TH ADDITION AND LOTS 2 & 3, BLOCK 1D AND LOT 13, BLOCK 2D OF THE BELLA VISTA PRELIMINARY PLAT WHEREAS, the Community Development Department of the City of Rosemount received a request from Lennar to amend the Bella Vista Planned Unit Development Agreement to reduce the side yard setback requirements on Lots 11 & 12, Block 2 Bella Vista 5th Addition, and Lots 2 & 3, Block 1D and Lot 13, Block 2D of the Bella Vista Preliminary Plat; and WHEREAS, staff has prepared and recommends a Minor PUD Amendment to reduce the side yard setback requirements on Lots 11 & 12, Block 2 Bella Vista 5th Addition and Lots 2 & 3, Block 1D, and Lot 13, Block 2D Bella Vista Preliminary Plat; WHEREAS, on October 3rd, 2017, the City Council of the City of Rosemount reviewed the application and staff recommendation. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Minor Amendment to the Bella Vista Planned Unit Development Agreement to revise the side yard setback requirements, subject to the following condition: 1. Modify the northern side yard setback on Lot 11 and southern side yard setback on Lot 12, Block 2, in the Bella Vista 5th Addition, the northern side yard setback of Lot 2 and southern side yard setback of Lot 3, Block 1D, and the southern side yard setback of Lot 13, Block 2D, as depicted in the Bella Vista Preliminary Plat to 5 feet. ADOPTED this 3rd day of October, 2017, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Clarissa Hadler, City Clerk 1 A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT MODIFYING THE SIDE YARD SETBACKS FOR LOTS 11 & 12 BLOCK 2 BELLA VISTA 5TH ADDITION AND LOTS 2 & 3 BLOCK 1D AND LOT 13 BLOCK 2D BELLA VISTA FUTURE ADDITION THIS DECLARATION made this 3rd day of October, 2017, by and between U.S. HOMES CORPORATION DBA LENNAR, a Delaware corporation, (hereinafter referred to as the “Declarant”), and the CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as the “City”); WHEREAS, Declarant is the owner of the real property as described on Attachment One, attached hereto and hereby made a part hereof (hereinafter collectively referred to as the “Subject Property”); and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, “Bella Vista Master Development Plan Planned Unit Development Agreement”, dated March 17, 2014 and recorded with the Dakota County Recorder as document number 3004945 on April 1, 2014, (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 11-4-5 F. 5. R-1 Minimum Side Yard Setback: Decrease the minimum side yard setback on the northern side yard setback on Lot 11 and southern side yard setback on Lot 12, Block 2, in the Bella Vista 5th Addition, the northern side yard setback of Lot 2 and southern side yard setback of Lot 3, Block 1D, and the southern 2 side yard setback of Lot 13, Block 2D, of the Bella Vista Preliminary Plat to 5 feet with the other side maintaining a minimum 10 foot setback for a total of the two side yard setbacks of at least15 feet. 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. 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. DECLARANT US HOMES CORPORATION By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of _________, 2017, by _____________________ and _________________, the _________________ and ______________________, for and on behalf of U.S. Homes Corporation, a ____________________, by and on behalf of said _______________________. _______________________________ Notary Public 3 This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H. Droste, Mayor And by: Clarissa Hadler, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2017, by William H. Droste and Clarissa Hadler, the Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145th Street West Rosemount, MN 55068 651-423-4411 Minor Amendment to the Bella Vista PUD Agreement Attachment One: Legal Description Lots 11 and 12, Block 2; Bella Vista 5th Addition, Dakota County, Minnesota And Future Lots 2 and 3, Block 1D, and Future lot 13, Block 2D; Bella Vista Future Addition