HomeMy WebLinkAbout6.l. Wexford Place Master Development Plan Planned Unit Development Agreement Amendment
EXECUTIVE SUMMARY
City Council Meeting: April 16, 2019
AGENDA ITEM: Wexford Place Master Development Plan
Planned Unit Development Agreement
Amendment
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.l.
ATTACHMENTS: Amended Wexford Place PUD
Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve the Amended Wexford Place Master
Development Plan Planned Unit Development Agreement
SUMMARY
The developer of Wexford Place, a multi-family housing project approved by Council in 2018, has
requested some minor changes to the Planned Unit Development agreement. The changes requested
relate to the name of the Declarant as well as the removal of references to the stormwater pond. After
project approval, it was determined that the on-site pond is unnecessary as the developer will hookup to
the City’s stormwater system.
RECOMMENDATION
Staff is recommending approval of the changes requested and the revised document includes those
changes. This Agreement supersedes the prior approved PUD Agreement.
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DECLARATION OF COVENANTS
AND RESTRICTIONS
WEXFORD PLACE MASTER DEVELOPMENT PLAN
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS DECLARATION made this ______ day of _________________, 2019, by Wexford
Place LP (hereinafter referred to as the “Declarant”);
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 certain zoning and land use restrictions
imposed by the City of Rosemount (hereinafter referred to as the “City”) in connection with the
approval of an application for a master development plan planned unit development for a residential
development on the Subject Property; and
WHEREAS, the City has approved such development on the basis of the determination by
the City Council of the City that such development is acceptable only by reason of the details of the
development proposed and the unique land use characteristics of the proposed use of the Subject
Property; and that but for the details of the development proposed and the unique land use
characteristics of such proposed use, the master development plan planned unit development would
not have been approved; and
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WHEREAS, as a condition of approval of the master development plan planned unit
development, the City has required the execution and filing of this Declaration of Covenants,
Conditions and Restrictions (hereinafter the “Declaration”); and
WHEREAS, to secure the benefits and advantages of approval of such planned unit
development, Declarant desires to subject the Subject Property to the terms hereof.
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 following
documents, plans and drawings:
a. City Resolution No. 2018-70, Attachment Two
b. Site Plan (Sheet C2.0), Attachment Three
d. Preliminary Utility Plans (Sheets C4.0 through C5.4), Attachments Four
through Nine
e. Preliminary Grading Plans, (Sheets C3.0), Attachment Ten
f. Preliminary Storm Sewer Plan (Sheets SW1.1 through SW1.5) Attachments
Eleven through Fifteen
g. Preliminary Landscape Plan (Sheet L2.0), Attachment Sixteen.
h. Tree Preservation Plan (Sheet L5.0), Attachment Seventeen.
i. Lighting Plan (Sheet L4.0), Attachment Eighteen
j. Building Elevations (A3.0), Attachments Nineteen and Twenty.
k. Building and Unit Plans (A0.0 through A4.3), Attachments Twenty-one
through Twenty-seven.
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All of which attachments are copies of original documents on file with the City and are made a part
hereof.
2. Development and maintenance of structures and uses on the Subject Property shall
conform to the following standards and requirements:
a. Maintenance of the stormwater infrastructure necessary for the long term
operation and function will be performed by the City. All other maintenance including
but not limited to garbage collection, or landscape replacement or the like shall be the
responsibility of the Declarant. All maintenance of the stormwater infrastructure shall be
the responsibility of the City after the basins have been established.
b. Maintenance and replacement of trees and landscaping shall be the
responsibility of the Declarant.
c. Fences are not allowed in wetland buffers.
d. All areas within the wetland buffers that do not have natural vegetation
shall be seeded and established with a wetland buffer seed mix.
3. The Subject Property may only be developed and used in accordance with
Paragraphs 1 and 2 of this Declaration unless the owner first secures approval by the City Council
of an amendment to the planned unit development plan or a rezoning to a zoning classification that
permits such other development and use.
4. In connection with the approval of development of the Subject Property, the
following deviations from City Zoning or Subdivision Code provisions were approved:
a. Section 11-5-1: Reduce the side yard setback for driveways and surface
parking from 10 feet to 5.7 feet.
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b. Section 11-5-2 C.6.: Reduce the front yard setback for principle structures
from 40 feet to 30.5 feet and the rear yard setback for principle structures from 50 feet to
30.5 feet.
c. Section 11-4-9 F.8.: Increase the maximum building height from 35 feet to
39 feet.
d. Section 11-6-3 B.: Reduce the minimum number of trees required from 57
to 43.
5. This Declaration provides the Subject Property only master development plan
planned unit development approval. Prior to the improvement or development of the Subject
Property, beyond the rough grading, a final development plan planned unit development approval
pursuant to Zoning Code Section 11-10-6 C. 5. of the Subject Property is required and an addendum
filed with County Recorder to this Declaration.
6. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the City
acting through its City Council. This Declaration may be amended from time to time by a written
amendment executed by the City and the Declarant, its successors and assigns.
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
Wexford Place LP
By
Its
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STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ___ day of _________,
2019, by _____________________, the _________________, for and on behalf of
_________________________, a ____________________, by and on behalf of said
_______________________.
_______________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF ROSEMOUNT
2875 145TH STREET WEST
ROSEMOUNT, MN 55068
651-423-4411