HomeMy WebLinkAbout6.g. Request by David Weekley Homes for a Minor Amendment to the Amber Fields Planned Unit Development
EXECUTIVE SUMMARY
City Council Regular Meeting: December 6, 2022
AGENDA ITEM: Request by David Weekley Homes for a
AGENDA SECTION:
Minor Amendment to the Amber Fields
Consent
Planned Unit Development
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 6.g.
ATTACHMENTS: Resolution; Minor Amendment; Site
APPROVED BY: LJM
Location; Preliminary Plat; Lot Exhibit
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving a Minor Amendment to the Amber Fields
Planned Unit Development Agreement to allow balconies, decks, and uncovered
porches to encroach a rear yard setback up to ten feet (10’) from a rear lot line.
2. Motion to authorize the Mayor and City Clerk to execute a Minor Amendment to the
Amber Fields Planned Unit Development Agreement.
BACKGROUND
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The 5 Addition of Amber Fields was approved by Council in July of 2022, and the approval included a
deviation from the Zoning Ordinance that reduced the minimum rear yard setback from thirty feet to
twenty feet. The Zoning Ordinance contains a provision that allows decks, balconies, and uncovered
porches to encroach up to fifteen feet into a required rear yard but no closer than fifteen feet from the rear
lot line. The applicant did not request a deviation from this provision, which means any decks constructed
on the back of the homes in this area of Amber Fields can be no more than five feet deep.
The applicant is requesting a minor amendment to the Amber Fields PUD related to this area that would
allow decks, balconies, and uncovered porches to be built up to ten feet from the rear line but not within
any drainage and utility easements. Functionally, the encroachment into the rear yard setback would be no
more than ten feet which is currently allowed by the Zoning Ordinance.
This portion of Amber Fields contains smaller-lot single family homes, and the proposed amendment
would be consistent with the development pattern of this area. Additionally, approval of the minor
amendment would allow for the construction of usable decks compared to decks that are only five feet
deep. Therefore, staff is supportive of the proposed minor amendment.
RECOMMENDATION
Staff is recommending the City Council approve a minor amendment that reduces the distance decks,
balconies, and uncovered porches can be constructed from the rear lot line from fifteen feet to ten feet.
This amendment will not allow three- or four-season or other covered porches to encroach into the rear
yard setback.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-157
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE AMBER FIELDS
PLANNED UNIT DEVELOPMENT AGREEMENT TO ALLOW BALCONIES, DECKS, AND
UNCOVERED PORCHES TO ENCROACH A REAR YARD SETBACK UP TO TEN FEET
(10’) FROM A REAR LOT LINE
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 allow decks,
balconies, and uncovered porches to be constructed up to ten feet from a rear lot line; and
WHEREAS, staff has prepared and recommends a Minor PUD Amendment to allow a deviation from Section
11-5-2: Supplementary Regulations; and
WHEREAS, on December 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 reduce the minimum
required setback from a rear lot line for decks, balconies, and uncovered porches; subject to the following
conditions:
1.The following deviation from the City Code:
a.A deviation from Section 11-5-2: Supplementary Regulations: Balconies,
decks, and uncovered porches may encroach fifteen feet (15') into a required
rear yard area but no closer than ten feet (10') to a rear lot line or encroach
into a utility easement, whichever is more restrictive.
2.Execution of the Minor Amendment to the Amber Fields Planned Unit Development
Agreement.
ADOPTED this 6th day of December, 2022, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
1
A MINOR AMENDMENT TO THE AMBER FIELDS PLANNED UNIT
DEVELOPMENT (PUD) AGREEMENT
ALLOWING BALCONIES, DECKS, AND UNCOVERED PORCHES TO ENCROACH
A REAR YARD SETBACK UP TO TEN FEET (10’) FROM A REAR LOT LINE
THIS DECLARATION made this ____ day of ______, 20__ 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, August 16th, 2022, and September 6, 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 shall conform to the Planned Unit
Development Agreement except as modified herein.
a. The Planned Unit Development Agreement shall be amended to allow the following
deviation from Section 11-5-2: Supplementary Regulations: Balconies, decks, and
uncovered porches may encroach fifteen feet (15') into a required rear yard area but
no closer than ten feet (10') to a rear lot line or encroach into a utility easement,
whichever is more restrictive.
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 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 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
David Weekley Homes
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ___ day of _________, 2018
by _____________________ and _________________, the _________________ and
______________________, for and on behalf of TIMBERCREST, LLC, a Minnesota Limited
Liability Corporation, by and on behalf of said corporation.
_______________________________
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
3
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2018
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
SITE PLAN NOTES:
LEGEND:
SINGLE FAMILY LOT DATA:
TOTAL DENSITY CALCULATIONS:
TYPICAL 60' ROW ROAD SECTION 7