HomeMy WebLinkAbout6.p. Request by Keyland Homes for a Minor Amendment to the Prestwick Place 13th Planned Unit Development Agreement to reduce the Street Side Yard Setback Requirement from 25 feet to 20.28 feet
EXECUTIVE SUMMARY
City Council Meeting: February 4, 2020
AGENDA ITEM: Request by Keyland Homes for a Minor
Amendment to the Prestwick Place 13th
Planned Unit Development Agreement to
reduce the Street Side Yard Setback
Requirement from 25 feet to 20.28 feet
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.p.
ATTACHMENTS: Resolution, Site Location, Minor
Amendment to the Planned Unit
Development Agreement, Lot Survey,
Overall Layout.
APPROVED BY: LJM
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving a Minor Amendment to the Prestwick Place
13th Addition Planned Unit Development Agreement reducing the street side yard
setback on Lot 4, Block 5, Prestwick Place 19th Addition from 25 feet to 20.28 feet.
2. Motion to approve the amended Prestwick Place 13th Addition Amended Planned
Unit Development Minor Amendment Agreement and authorizing the Mayor and City
Clerk to enter into the agreement.
ISSUE
The Prestwick Place 13th Addition was approved by Council for development in 2016. The approval
included deviations from the zoning ordinance from several lot standards including front and side yard
setbacks. The City Code requires that side yards of corner lots that abut the front yard of an adjacent
parcel must maintain a setback that is consistent with the front yard setback requirement. No deviation
was requested from this requirement. Because most of the homes sold on corner lots that abut the front
yard of an adjacent parcel were able to meet the front yard setback requirement on the street side yard, the
issue hasn’t arisen until now. The applicant has already purchased the lot from the developer and sold a
home to be built on the site; they are requesting a minor amendment to reduce the street side yard setback
requirement from 25 feet to 20.28 feet on Lot 4, Block 5, Prestwick Place 19th Addition. Staff is
recommending approval of the request.
SUMMARY
When the applicant submitted applications for the Planned Unit Development agreement and preliminary
plat the preliminary plans listed a street side yard setback of twenty (20) feet, but no formal request was
made for that deviation from the code. It just so happened that the homes that have been built on corner
lots within this development have been, until this point, able to meet the minimum street side yard setback
of twenty-five feet. Staff is not supportive of amending the Planned Unit Development agreement for all
of the remaining corner lots since the requested deviation has proven to be unnecessary except for the
subject parcel that is the subject of this request. Because the applicant had already purchased the lot from
the developer and sold a home to be built upon the lot before realizing the setback requirement, staff is
supportive of a minor amendment to allow a deviation from the street side yard setback for this specific
lot.
2
CONCLUSION AND RECOMMENDATION
Staff is recommending that the Council approve the request by Keyland homes for a minor amendment to
the Prestwick Place 13th Addition Planned Unit Development Agreement to reduce the street side yard
setback on Lot 4, Block 5, Prestwick Place 19th Addition from 25 feet to 20.28 feet.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020 -
A RESOLUTION APPROVING A MINOR AMENDMENT REDUCING THE STREET
SIDE YARD SETBACK ON LOT 4, BLOCK 5, PRESTWICK PLACE 19TH ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received a request
from Keyland Homes to amend the Prestwick Place 13th Addition Planned Unit Development
Agreement to reduce the street side yard setback requirement on Lot 4, Block 5, Prestwick Place 19th
Addition; and
WHEREAS, staff has prepared and recommends a Minor PUD Amendment to reduce the street side
yard setback requirement on Lot 4, Block 5, Prestwick Place 19th Addition;
WHEREAS, on February 4th, 2020, 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 Prestwick Place 13th Addition Planned Unit Development
Agreement to revise the side yard setback requirement, subject to the following conditions:
1. Reduce the street side yard setback requirement on Lot 4, Block 5, Prestwick Place 19th
Addition from 25 feet to 20.28 feet.
2. Execution of the Minor Amendment to the Prestwick Place 13th Addition Planned Unit
Development Agreement
ADOPTED this 4th day of February, 2020, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
SITE
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xASHFIELD AVENUE
ASHBROOK PATH9.0020.2830.34
38.82 R:955.47R:956.60OS 46.28
HUB=957.46
OS 20.28
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55FUTURE SIDEWALK FUTURE SIDEWALKPROPOSEDHOUSEGARAGESEWOSIDEWALKN84°26'25"E 84.36N05°33'35"W 125.
2
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N04°44'29"W 125.06 684°26'25"W 63.4 30.33 12.00 25.67 44.00 32.33
26.00 23.67
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(959.3)
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CB8.8%
VACANT LOTVACANT LOT22.0PORDENOTES EXISTING CATCH BASIN
DENOTES EXISTING HYDRANT
DENOTES EXISTING SANITARY MANHOLE
DENOTES EXISTING STORM MANHOLE
DENOTES EXISTING COMMUNICATION BOX
DENOTES EXISTING ELECTRIC BOX
DENOTES EXISTING SERVICE OR CLEANOUT
DENOTES IRON MONUMENT FOUND
DENOTES IRON MONUMENT SET
DENOTES EXISTING POWER POLE
DENOTES EXISTING LIGHT POLE
DENOTES EXISTING CONSERVATION POST
OR WET LAND BUFFER POST
DENOTES EXISTING TREE
PP
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8" TREE
000.0
DENOTES WOOD HUB
DENOTES NAIL
DENOTES EXISTING RETAINING WALL
DENOTES PROPOSED RETAINING WALL
DENOTES EXISTING ELEVATION
DENOTES PROPOSED ELEVATION
DENOTES AS BUILT ELEVATION
(000.0)
000.0
DENOTES EXISTING TREELINE
DENOTES DIRECTION OF SURFACE DRAINAGE
DENOTES EXISTING FENCE
LEGEND
DENOTES EXISTING F.E.S.
LOT AREA : 10,673 SQ. FT.
HOUSE AREA : 2,213 SQ. FT.
PORCH AREA : 34 SQ. FT.
DRIVEWAY AREA : 812 SQ. FT.
SIDEWALK AREA : 76 SQ. FT.
TOTAL IMPERVIOUS AREA : 3,135 SQ. FT. (29.4%)
CERTIFICATE OF SURVEYLegal Description:
= FINISHED GARAGE FLOOR ELEVATION
= BASEMENT FLOOR ELEVATION
= TOP OF FOUNDATION ELEVATION
(959.84)
(960.17)
(957.00)
1. No specific soils investigation has been performed on this lot
by the surveyor. The suitability of the soils to support the
specific house is not the responsibility of the surveyor.
2.No title information was provided for this survey. This survey
does not purport to show all easements of record.
3. See architectural plans for final building dimensions.
BENCHMARK: TNH AT LOT 7 BLOCK 2.
ELEVATION = 957.74
AREAS:
NOTES: 1. 5 - COURSE FOUNDATION.
2. MINIMUM LOW FLOOR = 951.3
3. ADD ROCK CONSTRUCTION ENTRANCE AT DRIVEWAY.
4. ADD EROSION CONTROL AT GRADING LIMITS.
REVISED 01-06-20: MOVE REAR YARD SWALE APPROXIMATELY 10FT FARTHER TO THE NORTH,
PER CITY REVIEW COMMENTS.
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0.00OUTLOT C, 72.59 ACRES
PRESTWICK PLACE
SECOND ADDITION
PROPOSED RIGHT OF WAY: 13.36 ACRES
TOTAL NO. OF LOTS 193
NET DENSITY (OUTLOT C) 2.65 Lots / Ac
EXISTING ZONING: PUD
PROPOSED ZONING: PUD
EXISTING LEGAL DESCRIPTION:
OUTLOT C, PRESTWICK PLACE 2ND ADDITION, ACCORDING TO
THE RECORDED PLAT ON FILE IN DAKOTA COUNTY, MINNESOTA.
PID NO. 34-58601-00-030
CONTACT INFORMATION:
PRESTWICK, LLC (SCOTT JOHNSON)
350 HIGHWAY 7, SUITE 125
EXCELSIOR, MN 55331
LAND OWNER:
PRESTWICK, LLC (SCOTT JOHNSON)
350 HIGHWAY 7, SUITE 125
EXCELSIOR, MN 55331
CONSULTANT:
PROBE ENGINEERING CO., INC.
1000 E. 146TH STREET, SUITE 240
BURNSVILLE, MN 55337
PH. NO. 952-432-3000
SETBACKS
FRONT - 30 FEET
SIDE STREET - 20 FEET
SIDE - 5 FEET
REAR - 25 FEET
DATE____________ REG. NO._________
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED ENGINEER UNDER
THE LAWS OF THE STATE OF MINNESOTA.
1
A MINOR AMENDMENT TO THE PRESTWICK PLACE 13TH ADDITION PLANNED
UNIT DEVELOPMENT (PUD) AGREEMENT MODIFYING THE STREET SIDE YARD
SETBACK FOR LOT 4, BLOCK 5 PRESTWICK PLACE 19TH ADDITION
THIS DECLARATION made this 4th day of February, 2020, by and between
KEYLAND HOMES (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,
“Prestwick Place 13th Addition Master Development Plan Planned Unit Development Agreement”,
dated August 16, 2016, (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 11-5-2 C. 2. Required Side and Rear Yard Enlargement: Decrease the
minimum street side yard setback on Lot 4, Block 5, Prestwick Place 19th Addition
from 25 feet to 20.28 feet.
2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development
Agreement shall remain in full force and effect.
2
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
Keyland Homes
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of _________, 2020,
by _____________________ and _________________, the _________________ and
______________________, for and on behalf of Keyland Homes, a ____________________, by
and on behalf of said _______________________.
_______________________________
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
3
CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
And by:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2020,
by William H. Droste and Erin Fasbender, 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
ATTACHMENT ONE
Legal Description:
Lot 4, Block 5, Prestwick Place 19th Addition, Dakota County, Minnesota