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Home My WebLink About6.i. Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Adjust Side Yard Setbacks EXECUTIVE SUMMARY City Council Regular Meeting: March 2, 2021 AGENDA ITEM: Request by Lennar for a Minor Amendment to the Bella Vista Planned Unit Development Agreement to Adjust Side Yard Setbacks AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.i. ATTACHMENTS: Location Map, Resolution, Minor Amendment to the Planned Unit Development Agreement, Preliminary Plat, Setback Exhibit APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution approving a Minor Amendment to the Bella Vista Planned Unit Development Agreement revising side yard setbacks on Lots 6 and 7 Block 2 in the Bella Vista 7th Addition to 10 feet and 5 feet. 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 their seventh and final phase of the Bella Vista neighborhood. During the platting process Lots 6 and 7, Block 2, Bella Vista 7th Addition were platted with a ten (10) foot drainage and utility easement along their adjoining property lines to allow for a stormwater pipe. The larger easement doesn’t allow typical Lennar homes to meet the PUD required 15-foot total side yard setback with ½ on each side, due to the house width. Lennar is requesting an amendment to allow a side yard setback of 5 feet on the “non-easement” side of each of lot. This represents a decrease from the seven and one-half foot setback required by the Planned Unit Development agreement and allows maintenance of the 10-foot setback on the easement side. The requested amendment does maintain the required fifteen- foot total side yard setback on each lot. BACKGROUND Lennar has requested the side yard setbacks to be revised on Lots 6 and 7 of Block 2 in the Bella Vista 7th Addition due to a ten (10) foot drainage and utility easement being platted along the property line between the two lots. The easement is larger than the typical five-foot drainage and utility easement to accommodate a stormwater pipe that runs through it. A site plan of the lots in question has been included in the attachments. The two ten-foot easements result in a minimum separation between the two residential structures on Lots 6 and 7 of twenty feet. The request will result in a slightly decreased separation between the house on Lot 8 and Lot 7 as compared to the standard in the neighborhood. The distance will be 12.5’ rather than the minimum of 15’. Staff does not anticipate issues with this slight modification. RECOMMENDATION Staff recommends the City Council approve the resolution and PUD amendment for Bella Vista Minor PUD Amendment. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2021 - A RESOLUTION APPROVING A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT REVISING THE SIDE YARD SETBACKS ON LOTS 6 & 7, BLOCK 2 BELLA VISTA 7TH ADDITION 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 revise the side yard setback requirements on Lots 6 & 7, Block 2 Bella Vista 7th Addition; and WHEREAS, staff has prepared and recommends a Minor PUD Amendment to revise the side yard setback requirements on Lots 6 & 7, Block 2 Bella Vista 7th Addition; WHEREAS, on March 2, 2021, 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 increase lot coverage, subject to the following condition: 1. Modify the side yard setbacks on Lots 6 & 7, Block 2 Bella Vista 7th Addition so the one side is 10 feet on the easement side and 5 feet on the other side for a total of 15 feet. ADOPTED this 2nd day of March 2021, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk 1 A MINOR AMENDMENT TO THE BELLA VISTA PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT REVISING THE SIDE YARD SETBACKS FOR LOTS 6 & 7 BLOCK 2 BELLA VISTA 7TH ADDITION THIS DECLARATION made this 2nd day of March, 2021, 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 west side yard of Lot 6 Block 2 and the east side yard of Lot 7 Block 2 of the Bella Vista 7th Addition to five feet with the other side maintaining a 10 foot setback for a total of the two side yard setbacks of 15 feet. 2 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 _________, 2021, 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: Erin Fasbender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2021, 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 Minor Amendment to the Bella Vista PUD Agreement Attachment One: Legal Description Lots 6 and 7, Block 2; Bella Vista 7th Addition, Dakota County, Minnesota