HomeMy WebLinkAbout6.i. Request for a Minor Amendment to the Doolin Heights Planned Unit Development Agreement to reduce the front yard setback requirement from 30 feet to 25 feet
EXECUTIVE SUMMARY
City Council Regular Meeting: November 16, 2021
AGENDA ITEM: Request for a Minor Amendment to the
Doolin Heights Planned Unit
Development Agreement to reduce the
front yard setback requirement from 30
feet to 25 feet
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.i.
ATTACHMENTS: Resolution, Minor Amendment to the
Planned Unit Development Agreement,
Site Location, Preliminary Plat.
APPROVED BY: LJM
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving a Minor Amendment to the Doolin Heights
Planned Unit Development Agreement reducing the front yard setback requirement
from 30 feet to 25 feet
2. Motion to approve the Doolin Heights Amended Planned Unit Development Minor
Amendment Agreement and authorizing the Mayor and City Clerk to enter into the
agreement
BACKGROUND
The Doolin Heights Planned Unit Development was approved by Council in 2020. At that time, the
applicant included in their request a proposed deviation from the front yard setback standard, among other
deviations, to reduce the required setback from thirty feet to twenty-five feet. The requested 25’ standard
was referenced in the staff reports and presentations to the Planning Commission and Council, but it was
not included in the recommended actions or Doolin Heights Planned Unit Development Agreement. This
discrepancy was discovered during the building permit review process. Because the issue was not only
limited to a typographical error in the Planned Unit Development agreement, but also in the resolution
adopted by the Council, staff is recommending the City Council adopt a resolution and approve an
amendment to the PUD agreement to formalize the change.
At the time the Doolin Heights PUD was approved, the lot standards related to setbacks were depicted on
plans and in tables contained within the staff reports to Council and the Planning Commission. The
standards within this development are generally consistent with those of other residential planned unit
developments, with a 25’ front yard setback a common deviation requested within almost all new
developments in the City. No discussion occurred during either meeting related to the front yard setback
standard of 25’, and the approvals were not predicated on a 30’ front yard setback.
RECOMMENDATION
Staff is recommending that the Council approve the minor amendment to the Doolin Heights Planned
Unit Development Agreement to reduce the front yard setback from thirty (30) feet to twenty-five (25)
feet.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-91
A RESOLUTION APPROVING A MINOR AMENDMENT REDUCING THE MINIMUM
FRONT YARD SETBACK FROM THIRTY (30) FEET TO TWENTY-FIVE (25) FEET IN
THE DOOLIN HEIGHTS PLANNED UNIT DEVELOPMENT
WHEREAS, the Community Development Department of the City of Rosemount received a request
from Builder Jones to amend the Doolin Heights Planned Unit Development Agreement to reduce
the front yard setback requirement within the Doolin Heights Planned Unit Development; and
WHEREAS, staff has prepared and recommends a Minor PUD Amendment to reduce the front yard
setback requirement within the Doolin Heights Planned Unit Development;
WHEREAS, on November 16th, 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 Doolin Heights Planned Unit Development Agreement to
revise the front yard setback requirement, subject to the following conditions:
1.Reduce the front yard setback requirement from 30 feet to 25 feet.
2.Execution of the Minor Amendment to the Doolin Heights Planned Unit Development
Agreement
ADOPTED this 16th day of November, 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 DOOLIN HEIGHTS PLANNED UNIT
DEVELOPMENT (PUD) AGREEMENT MODIFYING THE FRONT YARD SETBACK
THIS DECLARATION made this 16th day of November, 2021, by and between
DOOLIN DEVELOPMENT, LLC (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,
“Doolin Heights Master Development Plan Planned Unit Development Agreement”, dated June
30, 2021, (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. 4. Minimum Front Yard Setback: The minimum front yard
setback shall be twenty-five (25) feet.
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.
2
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
Doolin Development , LLC
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 Doolin Development, LLC, 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.
CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
And by:
Erin Fasbender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
3
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
ATTACHMENT ONE
Legal Description:
Lots 1 through 11, Block 1; and
Lots 1 through 11, Block 2; and
Lot 1, Block 3; and
Lots 1 and 2, Block 4; Doolin Heights, Dakota County, Minnesota
AND
Outlots A, B, C, D, and E; Doolin Heights, Dakota County, Minnesota
Dakota County, MN
Property Information
March 20, 2020
0 450 900225 ft
0 130 26065 m
1:4,800
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
4510
6
STC
949.
1
2
4512
9
STC
947.
9
2
4519
9
STC
952.
8
1
STORM SEWER TABLE
STRUCT.
CB-2
CB-3
CB-4
CB-5
CB-6
CB-7
CB-8
CB-9
RIM
952.66
952.67
952.29
952.28
952.27
952.28
952.55
952.69
INV.
948.42
948.67
948.60
948.60
948.37
948.26
947.96
947.91
947.68
947.56
947.05
946.69
943.99
DIRECTION
18"RCP SE
S
15"RCP N
12"RCP SE
12"RCP NW
12"RCP N
18"RCP NW
18"RCP SE
18"RCP NW
24"RCP SE
36"RCP N
INACCESSIBLE S
36"RCP SW
SUMP
INACCESSIBLE NW,N
STORM SEWER TABLE
STRUCT.
CB-10
CB-11
CB-12
CB-13
CB-14
CB-15
STMH-1
STMH-16
RIM
955.54
955.42
963.07
963.10
972.59
972.27
954.67
943.32
INV.
950.92
950.74
950.34
950.34
959.27
968.84
967.29
969.53
969.22
938.67
937.89
932.12
DIRECTION
S
24"RCP N
24"RCP S
24"RCP NW
12"RCP
18"RCP S
SUMP
18"RCP N
15"RCP S
NW
30"RCP N
N, S
N
SCALE IN FEET
0 80 160
DESCRIPTION OF PROPERTY SURVEYED
02/25/20 CITY SUBMITTAL
GENERAL NOTES
SURVEYOR:
Loucks
7200 Hemlock Lane, Suite 300
Maple Grove, MN 55330
763-424-5505
1.Prepared February 25, 2020.
2.The address, if disclosed in documents provided to or obtained by the surveyor, or
observed while conducting the fieldwork is 2316 Bonaire Path West & 2318 Bonaire Path
West.
3.The bearings for this survey are based on the east line of the W 1/2, SW 1/4, Sec 21, Twp
115, Rng 19, Dakota County, Minnesota having a bearing of North 0°11'11"West.
4.Benchmark: MnDOT 1921 U - In Rosemount, 1.8 miles north along Trunk Hwy 3 from the
junction of Trunk Hwy 3 and C.R. 42, at Trunk Hwy 3 milepoint 34.25, 76.2 feet east of
Trunk Hwy 3 fog line of turn lane, 73.2 feet south of Bonaire Path, 1.5 feet west of a
witness post.
Elevation = 969.14 feet (NGVD 29)
Site Benchmark: Top nut of hydrant located at the west end of 136th Street, as shown
hereon.
Elevation = 993.10 feet (NGVD 29)
5.This property is contained in Flood Insurance Rate Map, Community Panel No.
27037C0115E, and is a non-printed panel (no special flood hazard areas).
6.The field work was completed on February 4, 2020.
OWNER/DEVELOPER:
Builder Jones
10519 - 165th Street West
Lakeville, MN 55044
952-378-4122
Current Zoning: R1 (Low Density Residential)
Any zoning classification, setback requirements, height and floor space area restrictions, and
parking requirements, shown hereon, was researched to the best of our ability and is open to
interpretation. Per the City of Rosemount Zoning Map and City Code, on February 25, 2020,
information for the subject property is as follows:
Current Setbacks:
Front 30 feet
Side 10 feet
Rear 30 feet
Proposed Zoning: R1 (PUD)
Proposed Setbacks:
Front 25 feet
Side 7.5 feet
Rear 30 feet
ZONING INFORMATION
Areas
Total Property Area = 901,557 +/- square feet or 20.70 +/- acres
Right of Way Dedication Area = 112,393 +/- square feet or 2.58 +/- acres
Net Property Area = 789,164 +/- square feet or 18.12 +/- acres
SITE DATA
LOUCKS
W:\2019\19703\CADD DATA\SURVEY\_dwg Sheet Files\19703-PRE PLATPlotted: 03 /18 / 2020 8:58 AM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
DOOLIN
HEIGHTS
ROSEMOUNT, MINNESOTA
BUILDER JONES
ROB ELDRIDGE
10519 165TH STREET WEST
LAKEVILLE, MN 55044
P:952-378-4122
02/25/20
03/18/20 REVISED SITE PLAN
Preliminary Plat
1 of 1
SPOT ELEVATION
SIGN
POWER POLE
CATCH BASIN
CONTOUR
CONCRETE CURB
STORM SEWER
SANITARY SEWER
BARBED WIRE FENCE
UNDERGROUND ELECTRIC
CONCRETE
SATELLITE DISH
ELECTRIC TRANSFORMER
TELEPHONE PEDESTAL
ELECTRIC METER
GAS METER
UNDERGROUND TELEPHONE
UNDERGROUND GAS
SANITARY SEWER SERVICE
WATER SERVICE
GUY WIRE
CULVERT
RAILROAD TRACKS
OVERHEAD UTILITY
ROOF DRAIN
ELECTRIC OUTLET
FLARED END SECTION
TOP OF CURB
AIR CONDITIONING UNIT
TOP NUT HYDRANT
CHAIN LINK FENCE
SPLIT RAIL FENCE
RETAINING WALL
STORM MANHOLE
SANITARY MANHOLE
HYDRANT
GATE VALVE
MAPPED WATERMAIN
SURVEY LEGEND
License No.
Date
I hereby certify that this survey, plan or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Land Surveyor under the laws of
the State of
VICINITY MAP
Field Crew
Project Lead
Drawn By
Checked By
Loucks Project No.
Minnesota.
Steven F. Hough - PLS
54850
(Per Schedule C of Commitment for Title Insurance issued by Trademark Title Services, Inc., File No. 20-0200, effective date January 15,
2020)
That part of Government Lot 2 and the West Half of the Southwest Quarter of Section 21, Township 115, Range 19, Dakota County,
Minnesota, described as follows:
Commencing at the Southeast corner of said West Half of the Southwest Quarter; thence North 0 degrees 11 minutes 11 seconds West
(assumed bearing) along the East line thereof a distance of 1753.82 feet to the point of beginning of the land to be described; thence
continuing North 0 degrees 11 minutes 11 seconds West along said East line a distance of 900.00 feet to the centerline of 135th Street
West; thence Northwesterly to said centerline along a non-tangential curve concave to the Northeast having a radius of 433.55 feet a
central angle of 8 degrees 32 minutes 38 seconds and a chord bearing of North 63 degrees 42 minutes 54 seconds West for a distance of
64.65 feet; thence North 59 degrees 26 minutes 36 seconds West along said centerline, tangent to the last described curve, a distance of
295.35 feet; thence South 2 degrees 12 minutes 43 seconds West a distance of 1016.23 feet; thence South 79 degrees 52 minutes 34
seconds East a distance of 360.00 feet to the point of beginning. Subject to Easements of record, according to the United States
Government Survey thereof and situate in Dakota County, Minnesota.
Abstract Property
(Per Schedule C of Commitment for Title Insurance issued by Trademark Title Services, Inc., File No. 20-0402, effective date January 30,
2020)
That part of Government Lot 2 and the West Half of the Southwest Quarter (W 1/2 of SW 1/4) of Section Twenty one (21), Township One
Hundred Fifteen (115), Range Nineteen (19), Dakota County, Minnesota described as follows:
Commencing at the Southeast corner of said West Half of the Southwest Quarter (W 1/2 of SW 1/4); thence North 0 degrees 11 minutes
11 seconds West (assumed bearing) along the East line thereof a distance of 1753.82 feet; thence continuing North 0 degrees 11 minutes
11 seconds West along said East line a distance of 900.00 feet to the centerline of 135th Street West; thence Northwesterly on said
centerline along a non-tangential curve concave to the Northeast having a radius of 433.65 feet, a central angle of 8 degrees 32 minutes
38 seconds and a chord bearing of North 63 degrees 42 minutes 54 seconds West for a distance of 64.55 feet; thence North 59 degrees
26 minutes 36 seconds West along said centerline, tangent to the last described curve a distance of 295.35 feet to the actual point of
beginning, thence continuing North 59 degrees 26 minutes 36 seconds West along said centerline, a distance of 171.78 feet; thence along
said centerline on a tangential curve concave to the Northeast, having a radius of 1174.50 feet and a central angle of 12 degrees 09
minutes 00 seconds for a distance of 249.06 feet; thence North 47 degrees 17 minutes 36 seconds West along said centerline a distance
of 197.50 feet to the centerline of Biscayne Avenue; thence South 16 degrees 15 minutes 18 seconds West along said centerline a
distance of 442.16 feet; thence Southwesterly on said centerline along a tangential curve concave to the Northwest, having a radius of
1454.44 feet and a central angle of 6 degrees 17 minutes 48 seconds for a distance of 159.84 feet; thence South 72 degrees 23 minutes
03 seconds East a distance of 685.58 feet; thence North 2 degrees 12 minutes 43 seconds East a distance of 413.35 feet to the point of
beginning and there terminating; according to the Government Survey thereof.
Abstract Property
(Per Schedule C of Commitment for Title Insurance issued by Trademark Title Services, Inc., File No. 20-0943, effective date February
25, 2020)
That part of the West Half of the Southwest Quarter of Section 21, Township 115, Range 19, Dakota County, Minnesota, described as follows:
Commencing at the Southeast corner of said West Half of the Southwest Quarter; thence North 0 degrees 11 minutes 11 seconds West
(assumed bearing) along the East line thereof a distance of 1753.82 feet; thence North 79 degrees 52 minutes 34 seconds West a distance
of 360.00 feet to the point of beginning of the land to be described; thence North 2 degrees 12 minutes 43 seconds East a distance of
302.88 feet; thence North 75 degrees 39 minutes 05 seconds West a distance of 795.45 feet to the centerline of Biscayne Avenue; thence
South 22 degrees 33 minutes 06 seconds West along said centerline a distance of 367.20 feet; thence South 79 degrees 52 minutes 34
seconds East a distance of 914.00 feet to the point of beginning.
Subject to easements of record.
Abstract Property