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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 th 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 TYPICAL 38.17' LOT DETAIL TYPICAL 44.17' LOT DETAIL ROAD B ROAD A RO A D A BLOCK 3 BLOCK 2 BLOCK 1 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 6 7 8 9 10 11 121314151617 9 10 11 12 13 14 15 161718192021 11 12 13 14 15 16 17 38 39 40 41 42 37 BL O C K 1 OU T L O T B OU T L O T B ROAD C STO R M W A T E R MAN A G E M E N T ARE A 2 STO R M W A T E R MAN A G E M E N T ARE A 3 STO R M W A T E R MAN A G E M E N T ARE A 3 148T H S T . W . 148TH ST. W. A K R O N A V E . ( C . R . 7 3 ) OUTL O T E 1 2 3 4 5678 1 2 3 4 5678 1 2 3 456 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 8 7 2 1 8 7 6 5 4 3 2 1 8 7 6 5 4 3 2 1 8 7 6 54 3 2 1 43 2 1 6 5 4 5 61 2 3 1 2 3 4 5 6 7 8 8 1 2 7 6 3 4 5 BLOC K 3 BLOC K 4 BLOC K 5 BLOC K 6 BLOC K 7 BLOC K 8 BLOC K 9 BLOC K 1 0 BLOC K 1 1 BLOC K 1 2 BLOC K 1 9 BLOC K 2 0 BLOC K 2 1 BLOC K 2 2 BLOC K 2 3 OUTL O T C OU T L O T B ROA D C ROA D B R O A D A R O A D B RO A D B DWY 1 9 DWY 1 5 ROAD F ROA D E RO A D E R O A D D R O A D D DWY 3 DWY 2 DWY 1 DWY 4 DWY 6 DWY 2 0 DWY 1 3 DWY 1 2 DWY 1 1 DWY 1 4 D W Y 1 8 D W Y 1 7 D W Y 1 6 D W Y 8 D W Y 9 D W Y 7 DW Y 5 D W Y 2 1 D W Y 1 0 1 2 3 6 5 4 1 2 3 4 5678 3 2 1 6 5 4 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 8 7 6 5 4 3 2 1 4 5 1 2 3 4 5 6 7 8 4 5 6 7 8 1 2 3 6 3 2 7 8 1 BLOC K 1 BLOC K 2 BLOC K 1 3 BLOC K 1 4 BLOC K 1 5 BLOC K 1 6 BLOC K 1 7 BLOC K 1 8 BLOC K 2 4 OUTL O T F OUTL O T D OUTL O T A OUTL O T C RO A D A ROAD B ROAD C ROAD D ROAD E RO A D A ROAD A 1 OU T L O T A OUTLOT E OUTLOT DOL C OL B 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 24 23 22 21 20 19 18 17 16 15 14 13 1 2 3 4 5 6 7 8 9 10 11 12 28 1 27 2 26 3 25 4 24 5 23 6 22 7 21 8 20 9 19 10 18 11 17 12 16 13 15 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 12 11 10 9 8 7 6 5 4 3 2 1 BLOCK 4 BLOCK 5 BLOCK 6 BLOCK 7 BL O C K 1 BL O C K 3 BLOCK 2 SEE SHEET 8 148TH ST. W. FOR RE V I E W O N L Y PRELIM I N A R Y NOT FO R C O N S T R U C T I O N AM B E R F I E L D S - 5 T H A D D I T I O N PR E L I M I N A R Y P L A T S U B M I T T A L SI T E P L A N - O V E R A L L V I E W 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