Loading...
HomeMy WebLinkAbout01/13/15City of Farmington 430 Third Street Farmington, MN 55024 AGENDA PLANNING COMMISSION January 13, 2015 7:00 PM City Hall Council Chambers A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All of Our Customers 1. CALL TO ORDER 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes (12/9/14) 3. PUBLIC HEARINGS (a) Review a Planned Unit Development application and rezoning to R -3 PUD - Dawson Meadows - Continued 4. ADJOURN City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes (12/9/14) DATE: January 13, 2015 INTRODUCTION Attached, are the minutes from the December 9, 2014 regular Planning Commission meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the December 9, 2014 regular Planning Commission meeting. ATTACHMENTS: Type D Backup Material Description December 9, 2014 Regular Minutes City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 - Fax 651.280.6899 www.ci.farmington.mn.us TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Review a Planned Unit Development application and rezoning to R -3 PUD - Dawson Meadows - Continued DATE: January 13, 2015 INTRODUCTION The applicant, Richard Braun, of RHB Inc., Money Purchase Pension Plan and Trust has requested the review of a Planned Unit Development [PUD] application and rezoning to R -3 PUD for a portion of the property commonly known as Dawson Meadows. DISCUSSION Development History Dawson Meadows was originally platted as part of the Mystic Meadows 1st Addition in 2005 and contains 40 townhome lots (of which 16 currently have a townhome unit) and one larger lot that serves as common space /roadway for the area. The lots range in size from 3,800 square feet with a lot width of 40 feet to 4,312 square feet with a lot width of 44 feet. Planned Unit Development The area subject to the PUD are the remaining 24 vacant townhome lots and the surrounding common space. The legal description for the PUD is Lot 13 -16, 21 -41, Block 3, Mystic Meadows 1st Addition. Mr. Braun is requesting approval of a PUD to allow flexibility regarding uses (in this case single - family dwellings) in a zoning district that typically does not allow for that identified use. Mr. Braun believes the market is stronger for the types of residential uses that he is proposing (single - family and twin homes) than a standard townhome development. Attached is the Planned Unit Development Agreement as drafted by staff and reviewed and found in acceptable form by the City Attorney and applicant. The agreement outlines the terms of the Planned Unit Development. The main code deviation that is specified in the agreement is the allowance of single - family dwellings to be constructed on the existing vacant townhome lots, which are substandard for size and width for single- family dwellings, within an R -3 zone. The applicant is not proposing to replat any of the property. Master Site Plan, Grading Plan and Rain Garden Detail Plan As shown in the attached Master Site Plan, the applicant is proposing the construction of 20 single - family dwellings and 2 twin home units on the remaining lots. The 2 twin home units will be located on the east side of Dawson Lane on lots 14, 15, 22 and 23. The PUD agreement requires that there be a minimum of 12 feet of separation in between detached structures, as measured from the foundation. Cantilevers will be allowed to encroach into this 12 foot separation by 1 foot but may not extend into any common area. The 12 foot separation is being required so that the necessary grading can be accomplished on site to ensure that positive drainage can occur between the structures. The Engineering Department has reviewed the attached grading plan and finds it acceptable. It should be noted that the PUD Agreement requires that the rain gardens, shown as RG -1 and RG -2 on the site plan be installed no later than October 1, 2015 as they are an integral part of the storm sewer for this area. Additionally, the applicant is showing the installation of 5 additional off street parking stalls on the west side of Dawson Lane Rezoning With the submittal of the PUD application, the applicant is requesting the property be rezoned from R -3 (Medium Density Residential) to R -3 PUD. It should be noted that upon rezoning, the property will be subject to all other code provisions in the R -3 (Medium Density Residential) Zoning District that are not specifically identified as a deviation in the PUD Agreement. Homeowners Association [HOA1 Over the last several months the applicant has been actively working with the Dawson Meadows Homeowners Association to come to an agreeable solution to develop the remaining lots in a way that is more marketable than a standard townhome development, yet not detract from the existing townhomes. The HOA and the applicant have agreed to terms for this development and those terms appear to be consistent with the PUD Master Site Plan (please note the attached correspondences between the HOA and the applicant). The HOA will have to sign the attached Consent to Planned Unit Development Agreement as they hold interest within the PUD area. The Consent will have to be recorded with the PUD Agreement. ACTION REQUESTED 1. Recommend approval of the attached Resolution to the City Council approving the PUD Master Site Plan and Agreement; 2. Recommend approval of the attached Ordinance to the City Council rezoning the subject property from R -3 (Medium Density Residential) to R -3 PUD. ATTACHMENTS: Type o Resolution o Ordinance o Contract o Backup Material o Backup Material o Backup Material Description Resolution Approving PUD Rezone Ordinance Planned Unit Development Agreement HOA Consent Document HOA Correspondences PUD Plan Set RESOLUTION NO. APPROVING THE MASTER SITE PLAN AND AUTHORIZING THE SIGNING OF THE MASTER PUD AGREEMENT FOR DAWSON MEADOWS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the day of _ , 20 at 7:00 P.M. Member Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, the Master Site Plan and PUD Agreement for Dawson Meadows are now before the Council for review and approval; and WHEREAS, a public hearing of the Planning Commission was held for the Master Site Plan and PUD Agreement for Dawson Meadows on January 13, 2015 after notice of the same was published in the official newspaper of the City and proper notice sent to surrounding property owners; and WHEREAS, The Planning Commission reviewed the Master Site Plan and PUD Agreement for Dawson Meadows on January 13, 2015 and forwarded a recommendation of approval to the City Council. WHEREAS, the City Council has reviewed the Master Site Plan and PUD Agreement for Dawson Meadows. NOW, THEREFORE, BE IT RESOLVED that the Master Site Plan and PUD Agreement be approved and that the requisite signatures are authorized and directed to be affixed to the PUD Agreement. This resolution adopted by recorded vote of the Farmington City Council in open session on the day of , 20 . Attest to the SEAL day of , 20 Mayor City Administrator CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Amending Title 10 of the Farmington City Code, the Farmington Zoning Ordinance, rezoning a portion of the property commonly known as Dawson Meadows (CIC #564) and legally described as Lots 13 -16, 21 -41, Block 3, Mystic Meadows 1st Addition THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 10 -5 -1 of the Farmington City Code is amended by rezoning a portion of the property commonly known as Dawson Meadows (CIC #564) and legally described as Lots 13 -16, 21 -41, Block 3, Mystic Meadows 1st Addition from R -3 (Medium Density Residential) to R -3 PUD. SECTION 2. The Zoning Map of the City of Farmington, adopted under Section 10 -5 -1 of the Farmington City Code, shall be republished to show the aforesaid zoning. SECTION 3. This ordinance shall be effective immediately upon its passage. Adopted this day of , 20 , by the City Council of the City of Farmington. SEAL CITY OF FARMINGTON ATTEST: Approved as to for the _ day of , 20 Published in the Farmington Independent the MAYOR CITY ADMINISTRATOR CITY ATTORNEY day of , 20 PLANNED UNIT DEVELOPMENT AGREEMENT AGREEMENT dated , 20, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (referred to herein as "City "), and RHB Inc., Money Purchase Pension Plan and Trust (referred to herein as "Developer "). RECITALS A. Developer owns property situated in the City of Farmington, County of Dakota, State of Minnesota within the area commonly known as Dawson Meadows (CIC #564). The property subject to the PUD is legally described as: Lots 13 -16, 21 -41, Block 3, Mystic Meadows 1st Addition (referred to herein as "Subject Property). B. Developer has asked the City to approve a planned unit development for the Subject Property (also referred to in this Agreement as the "PUD "). C. Developer desires to have the Subject Property rezoned from R -3 to R -3 Planned Unit Development. 1 NOW, THEREFORE, the parties agree as follows: 1. Conditions of Approval. The City hereby approves a rezoning of the Subject Property to R -3 PUD subject to the conditions set forth in this Agreement. 2. Effect of Planned Unit Development Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the development unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, notwithstanding anything in this document to the contrary, subject to nonconforming use rights the City may require compliance with any amendments to the City's Comprehensive Plan, Zoning Ordinance, official controls, platting or dedication requirements enacted after the date of this document. 3. Plans. The City grants approval to the development of the PUD in accordance with the following plans which are on file at Farmington City Hall. The plans are attached hereto. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A — PUD Master Site Plan Plan B — PUD Grading Plan Plan C — Rain Garden Detail Plan • Rain Garden 1 and Rain Garden 2 identified on the Master Site and Grading Plans must be installed by the Developer in accordance with Plan C — Rain Garden Detail Plan. The rain gardens shall be installed no later than October 1, 2015. 2 A surety acceptable to the City shall be provided by the Developer to ensure the improvements, including the parking areas and the rain gardens, are completed per the above referenced plans. 4. Zoning. Except as otherwise modified by this Agreement, the land use, design and other requirements and standards of the R -3 zoning district shall apply to the Subject Property with the following exceptions: • Single-family detached dwellings shall be allowed to be constructed on the existing vacant platted townhome lots in accordance with the PUD Master Site Plan. • A minimum of twelve (12 ) feet of separation must be provided in between the detached units, as measured from the foundations. One (1) foot cantilevers will be allowed to encroach into the twelve (12) foot separations. Said cantilevers cannot encroach into common areas. 5. Compliance with Permit and Licenses. It is the responsibility of the Developer to obtain and comply with all necessary approvals, permits, and licenses from the City of Farmington, Dakota County, Minnesota Pollution Control Agency, Minnesota Department of Health, and any other regulatory agency affected by or having jurisdiction over the Subject Property. All costs incurred to obtain said approvals, permits, and licenses shall be the responsibility of the Developer. 6. Compliance with Laws and Regulations. Developer represents to the City that the proposed development complies with all applicable City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to the Farmington City Code, planned unit development ordinance, subdivision ordinances, 3 zoning ordinances, and environmental regulations in effect during the course of this development or Agreement, and agrees to comply with such laws and regulations. 7. Enforcement. Developer shall reimburse the City costs incurred in the enforcement of this Agreement, including reasonable engineering and attorney's fees. Developer shall pay in full all bills related to the enforcement of this PUD Agreement that may be submitted to it by the City within sixty (60) days after receipt. Bills not paid within sixty (60) days shall be subject to an eight percent (8 %) per annum interest charge. 8. Miscellaneous. A. Breach of any material term of this Agreement by Developer shall be grounds for denial of building permits. B. If any material portion, section, subsection, sentence, clause, paragraph, or phrase of this Planned Unit Development Agreement is for any reason held invalid as a result of a challenge brought by Developer, their agents or assigns, the City may, at its option, declare the entire Agreement null and void and approval of the final planned unit development shall thereby be revoked. C. The action or inaction of any party shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement after expiration of time in which work is to be completed shall not be a waiver or release. D. This Agreement shall run with the land and shall be recorded in the Dakota County Recorder's office. 4 E. This Agreement shall be binding upon the parties, their heirs, successors, or assigns, as the case may be. F. Third parties shall have no recourse against the City under this Agreement. G. Except as otherwise specified herein, Developer shall pay all costs incurred by them or the City in conjunction with the development of the PUD, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with the preparation of this Agreement. H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 9. Notices. Required notices to Developer shall be in writing, and shall be either hand- delivered to Developer, its employees or agents, or mailed to Richard Braun by registered mail at the following address: 2471 Angell Road, Sunfish Lake, MN 55118. Notices to the City shall be in writing and shall be either hand- delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: Farmington City Hall, 430 Third Street, Farmington, Minnesota 55024. 5 CITY OF FARMINGTON By: Todd Larson, Mayor And David McKnight, City Administrator RHB INC., MONEY PURCHASE PENSION PLAN AND TRUST By: Richard Braun, Trustee STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20, by Todd Larson and David McKnight, the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20, by , the of RHB Inc., Money Purchase Pension Plan and Trust. Notary Public 6 (Reserved for Recording Data) HOMEOWNERS ASSOCIATION CONSENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR DAWSON MEADOWS THE DAWSON MEADOWS HOMEOWNERS ASSOCIATION, which holds interest on the land described as follows: Lot 41, Block 3, Mystic Meadows 1st Addition according to the recorded plat thereof, Dakota County, Minnesota, The Dawson Meadows Homeowners Association gives consent for Mr. Richard Braun, Trustee for RHB Inc., Money Purchase Pension Plan and Trust, to enter into the Planned Unit Development [PUD] Agreement with the City of Farmington. The PUD shall be in accordance with the plans and specifications identified in said PUD Agreement. Dated: , 2015. Dawson Meadows Homeowners Association BY: STATE OF ) (ss. COUNTY OF ) Its: The foregoing instrument was acknowledged before me this day of 2015, by the of DAWSON MEADOWS HOMEOWNERS ASSOCIATION, on behalf of the association. Notary Public Richard Braun Ooldwell Banker Burnet 1875 Plaza Dr. Eagan; MN 55122 DearRichard: On November 6th the Dawson Meadows Townhome Owners Association held a special Homeowners Meeting to vote to allow detached single fatiiily units on the West Side of Dawson Lane: and 2 singles and a duplex on the 2 open, lots on the East .side of Dawson Lane pending. the City of Farmington's approval. 100% of the 1.6 existing units were either in attendance or had provided a proxy vote prior to the meeting. All 16. votes. were yes, Sincerely, Tim Wagner President — Dawson Meadows Homeowners Association Richard Braun Caldwell Banker Burnet 1875 Plaza Dr. Eagan, MN 55122 Dear Richard: On October 60. and again on October 20th you met with the Association's Bbard (With mosthorpeownefg in attendance).to discuss a plan that would.allow-you to build a combination of single detached units Ana duplex units an the.temaining opcn'lots of Dawson Meadows. At that time you also stated that' your plan ksingle detached•.units) would require, front the City of Farmington, an acceptance of P00% (x6 votes) -of the Association's Homeowners. The following is .a recap of.yeur proposal: • Your proposal is to build single detached -homes on the West.side of Dawson Lane. This will encompass•4 tots with 4 units per lot for a total of 16 single detached units. On the Bast side et Dawson Lane you will build:on the 2 open lots either 2 duplex units ot. a duplex with a single unit on each side. You will not have 4 single units on one 101. Please note that i 'inarketconditions allow, the homeowners would prefer that the building eottflguration•on these 2 tots contain 2 duplexes and no single. units. • it'is your intent to have a selling price pointnround $275;000 with on unfinished basement forthe'less valuable lots up to the potential of $400.,000'plas for the single units on the walkout lots. • Bach unit, whether a single or duplex-unit wilt be Ranch Style and not a 2 story design. Exterior material used will be of the same. appc`arenec and quality of pre- existing :homes including decks. All decks may not vary from the approved design without written approval from the Architectural Control Committee (ACC) and be completed prior to. closing. • As part of your proposal,.you identified 2 to 3-locations where additional parking can be captured. You agree. to work with the.ACC to insure tharadditional parking is part of the project development. • You will provide your building design to -tile ACC forreview. The.design shall inelude.plans forexterior landscaping, including driveways, sidewalks,.retaining walls if_any, and plantings, The ACC must approve the exterior design of the building to include ropfljne, lilevation and landscaping. These designs:mast be consistent with the Elevations presented :at the.Ootober Board.Meetings. Once a design has been approved, any changes to the exterior of the building will require the approval of the ACC. Any approvalneeded from the ACC will be timely and not unreasonably withheld. Richard Braun October 27, 2014 Page 2 t You will provide for the. ACC's approval, oath unit exterior attributes including. but not limited. to color-'(including roof, siding; windows and doors), garago door, light fixtures, brick/rook, rain gutters /down spouts, siding and mail bona. Once approval has been given, any change will require the:approval of tile ACC. The Bate-price of each unit will include a budgeted amount adectuate,fpr the completien-of driveways, sidewalks, and landscaping (including:retaining Walls, a proportionate contribution to intlgation, sod and plantings), Each Unit, at the time orclosing will have- all exterior limprovelnent& completed including adjoining Associations community land for these items, landscaping will be cousistentwith, amount and appearance' of existing Associations landscaping with the.exception of mulch- All non -sots areas will need Id be rock. gecau §e the;.Associationisus a master plan for landscaping; you will need to work with the AG.G for choice of plenta; Vat the time ofolosing,.any of the aforementioned items mu:net wtnplute, a fund aqua' to the pre= determined budget amount will be set aside in dscrow at the title company until the work is:completed. Richard, if you will agree to each of the points in this document, pleaselign.below unci- als() obtain the signature of Dave May (as the builder). This will serve as verification of your consent. The next stop will be to solicit from the homeowner their individual votes. I would like to include a signed copy of this statement in the ntaterial-presentcd to tiro homeowners. Sincerely, Tim Wegner President Tim W ner P d n Date ./0- ze• /.� May » Btu der /Sales Date k RAINOARDEN PLANT SCHEDULE NEY fAUMON WNAE BOTANICAL NAME SIZE o PLANTING.. _ -- PLANT KKfmm sir PIANONO METHOD SPAONO ' t' k B _| § § .... ■ Fin ALFREDO VIBURNUM I VIBURNUM 1RRABUM 'ALFRE00' I6 -Z4' CAM. 6' S' I 6' I 14 GRASSES 22 2E ? k� $. = ;n■2 ■k; E$ ||PI M 12 §§ k! )§t / §3 BOLTON51 A5lII1dDES WTRL4 PTCHN05TZA 2\ §! SOUDA00 RIODELUI SMAACRA RACEMOSA §§,ffl|! $Kk 8 k|© `§ %§ § &B 80L70NU. - - -- PRAIRIE BiAZMO STAR BLUE LOBELIA WAD BERGAMOT MOUNTAIN MINT ;K �c . gB kB ; 2t■r.f■t!: 6 C) RAIN GARDEN DETAIL PLAN a MYSTIC MEADOWS 1ST ADDTION BLOCK 3 4 2 FARMINGTON, gairmasiaressiona 2471 ANGELL ROAD SUNFISH LAKE, MN 55118 ■ $ §