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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 x xASHFIELD AVENUE ASHBROOK PATH9.0020.2830.34 38.82 R:955.47R:956.60OS 46.28 HUB=957.46 OS 20.28 HUB=958.20 OS 20.63 HUB=955.52 OS 9.43 HUB=958.10FD IP SERV10 10 10 101010 55FUTURE SIDEWALK FUTURE SIDEWALKPROPOSEDHOUSEGARAGESEWOSIDEWALKN84°26'25"E 84.36N05°33'35"W 125. 2 1 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 30.00 5.67 6.00958.0 957.8 9 5 5 . 8 956.6957.0956.8958.5 956.4 955.6 957.8 957.8 957.7 956.6 956.3955.4 954.6 957.3PER CITY ASBUILT PLANINVERT=946.22(959.84)(954.8) (959.3) (954.0) (958.5) (956.5) (956.5)(959.5) (959.5) (959.5) (959.5) 957.7 (956.5)(957.6)(957.1)(958.2) (957.2)958.2(959.5)953.5956.8955.1(953.5)957.6 956.7 (956.0)(954.9)958.0(958.0)CB 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 LP 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. CONN E M A R A T R A I L 140 T H S T R E E T AUBURN AVENUEADEL AI D E A V E N U E ABERCORN AVENUE141ST S T R E E T W E S T ABBEYFIELD AVENUE141 S T STR E E T WE S T COUNTY ROAD NO. 73AKRON AVENUENO R T H E RN N A T U R A L G A S COM P AN Y G A S P I P E L IN E E A S EM E N T L8 B5 12,578 SF L1 B9 11,814 SF L6 B6 9,218 SF L38 B1 47,992 SF L4 B4 11,200 SF L6 B4 11,209 SF L7 B4 16,725 SF L5 B4 11,200 SF L1 B4 26,703 SF L3 B4 11,200 SF L2 B4 11,200 SF L12 B5 14,222 SF L13 B5 15,173 SF L19 B5 9,520 SF L1 B5 11,987 SFL2 B5 9,145 SF L3 B5 9,045 SF L5 B5 9,045 SF L4 B5 9,045 SF L6 B5 9,311 SF L7 B5 10,336 SF L9 B5 12,102 SF L10 B5 10,049 SF L11 B5 10,355 SF L23 B5 12,951 SFL22 B5 10,472 SFL21 B5 10,027 SF L20 B5 9,412 SFL16 B5 9,404 SF L18 B5 9,323 SFL14 B5 9,041 SF L3 B3 11,007 SFL4 B3 8,613 SF L10 B3 14,382 SF L7 B3 8,775 SF L6 B3 8,775 SF L5 B3 8,775 SF L34 B3 17,066 SF L13 B3 15,765 SF L1 B3 8,977 SF L2 B3 10,055 SF L14 B3 12,489 SF L15 B3 15,866 SF L16 B3 12,042 SF L9 B3 10,711 SF L23 B3 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L6 B7 9,882 SF L12 B7 9,967 SF L6 B1 16,473 SF 141. 4 95.0140. 495.01 7 0 . 5 71.8136.5247.855.6142.3252.75 8 .548.0114.2 251.633.132.4 96.5 65.0 255.365.1 259.267.1 67.0 262.665.0 263.96 5 .0 67.0 262.96 7 .0 69.0 259.56 9 .1 254.956.98.3 65.0 67.0 250.167.2 69.0 246.93 8 .930.2 65.0 252.46 5.3 67.0 260.567.5 264.06 9.1 69.0 262.867.0 258.045.621.6 70.2 252.870.4 65.0 250.86 5 .1 252.657.110.0 67.0 254.669.0 69.0 65.0 256.465.0 67.0 258.367.0 69.0 260.14 0 .728.3 65.0 260.76 5 .0 67.0 260.26 7 .0 258.78.156.9 65.0 256.769.0 69.0 254.767.0 67.0 252.865.0 65.0 250.769.0 69.0 249.82 0 .043.8 75.2 116.6 268.15 8.4 131.8 316.858.4 167.2 411.358.4 126.1 114.024.7 417.05 8 .489.4 165.4360.6 58.4166.1251.258.4121.7193.258.4101.5165.758.486.8160. 016.943.2160. 067.867.8160. 065.065.0160. 065.065.0160. 065.065.016 6 . 444.615.3160. 0 88.51 9 5 . 958.3103.5258.458.3126.1242.3 5 8 .3 48.547.514.09 0 .5 65.3 156.4131.465.065.06 5 .0 65.0 69.0 4 3.725.3 47.3154.0 115.4148.599.811 7 .3 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85.0135.0110.5 134. 544.327.7108.5 20.81 10.16 9 . 0 1 3 7 . 3 92.069.1 65.0 71.6Δ Δ Δ L12 B2 10,619 SF L15 B2 15,008 SF80.916.527.7128.7142.4 71.3 65.8 130.0130.075.4 70. 0 87.1 L2 B6 9,650 SF L10 B7 8,970 SF L7 B7 9,904 SF L4 B7 12,295 SF L5 B7 9,866 SF L3 B7 8,775 SF L8 B7 10,673 SF L9 B7 8,471 SF L11 B7 12,109 SF L2 B7 9,920 SF L13 B7 10,736 SF L10 B8 9,554 SF L11 B8 9,916 SF L12 B8 9,962 SF L14 B8 12,536 SF L15 B8 10,819 SF L2 B8 9,174 SF L9 B8 14,252 SF L3 B8 9,082 SF L8 B8 9,542 SF 54.231.333.767.059.333.935.669.568.370.088.885.58 5 .9 42.6108.347.430.567.862.7125.263.7 68.5 69.1 91.3142.754.363.372.756.386.9 65.0 65.0 5.297.2 46.8 144.0149.7135.0135.068.6 65.0 31.526.573.664.084.4 63. 3 63. 4 80. 5 138.7132.4125.173.690.513.5143 . 9 138 . 6 138. 5 141.7 22.4 L9 B9 9,075 SF L13 B2 9,160 SF 117.280.080.080.080.080.0190.7140. 0 190.780.080.080.080.034.545.5114.586.4 140. 6 140. 0 140. 0 140. 0 140. 0 140. 0 AILESBURY AVENUE1 4 0 TH S TR E E T AILESBURY AVENUE AILESBURY AVENUEABBEYFIELD AVENUESTREET DSTREET CSTREET B STREET AAILESBURY AVENUEAILESBURY AVENUE ABERCORN AVENUESTRE E T B60 9595606060 60 6060606060 6060 60 60606060 6060 60 6060 60 60 60 60R=6 0 .0 0R = 6 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