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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. 3054448.v1 1 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 3054448.v1 2 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. 3054448.v1 3 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. 3054448.v1 4 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 3054448.v1 5 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