HomeMy WebLinkAbout6.g. Request for a Minor Amendment to the Amber Fields Planned Unit Development Agreement to revise the attached garage standards for Amber Fields 5th Addition
EXECUTIVE SUMMARY
City Council Regular Meeting: September 6, 2022
AGENDA ITEM: Request for a Minor Amendment to the
Amber Fields Planned Unit Development AGENDA SECTION:
Agreement to reduce the attached garage Consent
standards for Amber Fields Fifth Addition.
PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.g.
ATTACHMENTS: Resolution; Minor Amendment to the
Planned Unit Development Agreement;
APPROVED BY: LJM
Site Location; Preliminary Plat; Final Plat;
Applicants Narrative
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving a Minor Amendment to the Amber Fields
Planned Unit Development Agreement reducing the attached garage standards for
Amber Fields Fifth Addition.
2. Motion to approve the Amber Fields Amended Planned Unit Development Minor
Amendment Agreement and authorizing the Mayor and City Clerk to enter into the
agreement.
BACKGROUND
Amber Fields Fifth Addition was approved by the City Council in July 2022. The approval included
deviations from the zoning ordinance which included changes to the minimum lot area standard,
minimum lot width standard, minimum front yard setback standard and the density standard for this
th
addition of Amber Fields. The applicant came forward to City staff after the approval of the 5 addition
with questions regarding the standards for attached garages. Within the City’s zoning ordinance attached
garages for single-family detached homes must be a minimum of 440-square feet in size and a minimum of
20-feet wide in either direction of the structure. The applicant planned on providing a smaller single-family
housing product for this addition of the development, which is why they are now requesting a deviation to
the attached garage standards for single-family detached homes. They are asking to reduce the minimum
square footage for attached garages to 380-square feet and to reduce the minimum width of an attached
garage to 19-feet. Staff is recommending approval of the minor amendment request.
The Amber Fields Planned Unit Development Master Development Plan was approved by the City
Council back in 2021. Since that approval the City has seen the first few additions of the development
come forward for approval. These have been a combination of low, medium and high-density residential
to date. With the approval of the Amber Fields Fifth Addition an amendment to the PUD agreement to
allow for additional deviations to the City’s zoning ordinance was approved for that specific addition.
After the approval of the preliminary plat, final plat and minor amendment to the PUD the applicant came
back to City staff with a request to reduce the size of the attached garage standards for single-family
detached homes since their housing product is smaller in size. The applicant did describe in their narrative
that was submitted that the proposed enclosed attached garages would still be able to accommodate two
vehicles.
RECOMMENDATION
Staff is recommending that the Council approval the minor amendment to the Amber Fields Planned Unit
Development Agreement to reduce the attached garage standards for Amber Fields Fifth Addition.
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-116
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE AMBER FIELDS
PLANNED UNIT DEVELOPMENT AGREEMENT REVISING ATTACHED GARAGE
STANDARDS FOR SINGLE-FAMILY DETACHED HOMES FOR AMBER FIELDS FIFTH
ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received a request from
David Weekley Homes, to amend the Amber Fields Planned Unit Development Agreement to revise the
attached garage standards for single-family detached homes for Amber Fields Fifth Addition; and
WHEREAS, staff has prepared and recommends a Minor PUD Amendment to revise the attached garage
standards for Amber Fields Fifth Addition; and
WHEREAS, on September 6th, 2022, 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 Amber Fields Planned Unit Development Agreement to revise the attached
garage standards for Amber Fields Fifth Addition; subject to the following conditions:
1.The following deviations from the City Code:
a.A deviation from Section 11-2-15 F. to reduce the minimum attached garage
square footage to 380-square feet and to reduce the minimum attached garage
width to 19-feet.
2.Execution of the Minor Amendment to the Amber Fields Planned Unit Development Agreement.
ADOPTED this 6th day of September, 2022, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
A MINOR AMENDMENT TO THE AMBER FIELDS PLANNED UNIT
DEVELOPMENT (PUD) AGREEMENT REVISING ATTACHED GARAGE
STANDARDS FOR SINGLE-FAMILY DETACHED HOMES FOR AMBER FIELDS
FIFTH ADDITION
THIS DECLARATION made this 6th day of September, 2022 by and between DAVID
WEEKLEY 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 described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter referred to as the “Subject Property”);
and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
“Amber Fields Master Development Plan” dated September 7, 2021 and as amended on May 17th,
2022, June 21st, 2022, July 19th, 2022, and August 16th, 2022 (hereinafter referred to as the
“Planned Unit Development Agreement”); and
WHEREAS, Declarant wishes to further 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 and Amber Fields Fifth Addition shall
conform to the documents, plans, and drawings:
A. City Resolution No. 2022-XX; Attachment 2
B. Site Plan (Sheet 7 of 20); Attachment 3
2. The use and development of the Subject Property shall conform to the Planned Unit
Development Agreement except as modified herein.
a. The Planned Unit Development Agreement shall be amended to allow for the
minimum attached garage size for single-family detached homes to be 19-feet by 20-
feet instead of the minimum 20-feet wide in either direction and to allow for the
minimum attached garage square footage to be 380 square feet instead of the
minimum required 440 square feet within Amber Fields Fifth Addition.
3. Except as modified by paragraph 1 and 2 of this Amendment, the Planned Unit
Development Agreement shall remain in full force and effect.
4. The obligations and restrictions of this Amendment shall 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 Amen dment 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
_____________________________.
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of _________, 2022
by _____________________ and _________________, the _________________ and
______________________, for and on behalf of ______________, 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 )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2022
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
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733 Marquette Avenue
Minneapolis, MN 55402
612.758.3080
www.alliant-inc.com
Suite 700
5
CITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTA
This plat was approved by the City Council of ROSEMOUNT, Minnesota, this _________ day of _____________________, 20 ____
and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2.
By:___________________________________________________________________
Mayor Clerk
COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this
_________ day of _____________________, 20 ____.
_________________________________
Todd B. Tollefson
Dakota County Surveyor
DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20___ on the land hereinbefore described have been
paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this _________ day of
_____________________, 20 ____.
_________________________________________, Director
Amy A. Koethe, Department of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of AMBER FIELDS FIFTH ADDITION was filed in the office of the County Recorder for public record on this
_________ day of _____________________, 20 ____, at ___ o'clock ___.M. and was duly filed in Book_________________ of Plats,
Page______________________ , as Document Number _______________________ .
_______________________________________
Amy A. Koethe, County Recorder
KNOW ALL PERSONS BY THESE PRESENTS: That Earl Street Partners II, LLC, a Minnesota limited liability
company, owner of the following described property:
Outlot K, AMBER FIELDS, Dakota County, Minnesota.
Has caused the same to be surveyed and platted as AMBER FIELDS FIFTH ADDITION and does hereby
dedicate to the public for public use the drainage and utility easements as created by this plat.
In witness whereof said Earl Street Partners II, LLC, a Minnesota limited liability company, has caused these
presents to be signed by its proper officer this _________ day of _____________________, 20 ____.
Signed: Earl Street Partners II, LLC
by ___________________________________________
Mario J. Cocchiarella, Chief Manager
STATE OF MINNESOTA
COUNTY OF ____________________
This instrument was acknowledged before me on _________ day of _____________________, 20 ____, by Mario
J. Cocchiarella, Chief Manager of Earl Street Partners II, LLC, a Minnesota limited liability company, on behalf
of the company.
________________________________________
Signature
________________________________________
Printed Name
Notary Public, __________________________
My Commission Expires _________________
SURVEYORS CERTIFICATE
I Peter Goers do hereby certify that this plat was prepared by me or under my direct supervision; that I am a
duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the
boundary survey; that all mathematical data and labels are correctly designated on this plat; that all
monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries
and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are
shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this ___________ day of _____________________ , 20 ____.
_________________________________________
Peter Goers, Licensed Land Surveyor
Minnesota License No. 44110
STATE OF MINNESOTA
COUNTY OF _____________________
This instrument was acknowledged before me on ___________ day of _____________________ , 20 ____, by
Peter Goers.
________________________________________
Signature
________________________________________
Printed Name
Notary Public,___________________________
My Commission Expires__________________
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6 2
Greetings City of Rosemount,
David Weekley Homes will be building two-story single-family homes in the 5th addition at Amber Fields.
We are excited for the opportunity to introduce a smaller single-family product with a more affordable
price point than our traditional single-family homes. Our award-winning LifeDesign℠ concept allows us
to provide the maximum amount of livability within a smaller pad size. To accomplish our goal of
providing the best home possible we will need a minor amendment to the PUD for Amber Fields 5th
addition. The current PUD has a garage size requirement of 20 ft. x 22 ft., this limits the opportunity for
our expansive design within the pad size. We are requesting that the PUD be adjusted to 19 ft. x 20 ft.
minimum garage size. The adjusted garage size will adequately fit two cars, maximize the design of our
finished living space, and allow us to better serve the community with our product.