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HomeMy WebLinkAbout0939ORDINANCE NO. 939 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR AVONLEA THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. The legal description of the property included in the PUD District shall be as follows: (see Exhibit A) Section 2. Zoning Map Amendment. The property is hereby rezoned from RA, Rural Agricultural District, RS -4, Single Family Residential District, RST -2, Single and Two Family Residential District, RM -1, Medium Density Residential District, RM -2, Medium Density Residential District and RH-2, High Density Residential District to PUD, Planned Unit Development District subject to the terms and conditions set forth herein. Section 3. Avonlea Planned Unit Development Plan. A. All entitlements, including but not limited to, allowed dwelling units, allowed uses, location and boundaries of the sub -districts and development standards established within this PUD District are hereby set forth by the Avonlea PUD Booklet dated [EFFECTIVE DATE] incorporated herein by reference as Exhibit A. B. Any allowed uses and standards not specifically addressed by the Avonlea Planned Unit Development Plan shall be subject to the requirements set forth by the Lakeville Zoning Ordinance understanding that subsequent, more specifically detailed PUD Development Stage Plans may seek modification of the standards and requirements established by the Zoning Ordinance by City Council approval provided that the proposed flexibility is shown to be consistent with the goals and objectives of the Avonlea PUD Booklet and complies with the fundamental principals for the requirements established by the Zoning Ordinance, even without their strict application. Section 4. Allowed Uses. The allowed uses within the PUD District defined by the Avonlea PUD Booklet shall include the following base entitlements: A. Single Family. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the RS -4 District shall be allowed within this sub- district subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance. B. Detached Townhome. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the RST -2 District shall be allowed within this sub -district subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance. C. Townhome. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the RM -1 District shall be allowed within this sub- district subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance. D. Multiple Family. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the RH-1 District shall be allowed within this sub- district subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance. E. Open Space. City of Lakeville and Master Homeowners Association owned public, quasi -public or private parks, trails, playgrounds and directly related buildings and structures only, subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance: Section 5. Lot Requirements. Lot requirements for the various land uses shall be as established by the PUD Standards section of the Avonlea PUD Booklet. Where no standard is identified, the applicable requirements of the Lakeville Zoning Ordinance shall govern unless modified by approval of a PUD Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance. Section 6. Construction Standards. The construction of structures within the PUD District shall conform to following minimum standards: 2 A. Building materials must conform to the requirements of Section 11- 17-9.A of the Zoning Ordinance. B. All dwelling units without basements shall provide a storm shelter as required by Section 11-17-27 of the Zoning Ordinance. C. The sixty four (64) foot wide and seventy four (74) foot wide single family lots shall allow for a three stall attached garage as required by Section 11-19-5 of the Zoning Ordinance; the fifty four (54) foot wide single family lots shall be exempt from this requirement. D. Building materials and construction for all detached townhouses, twin houses, townhouses, and multiple family use shall comply with the requirements of the underlying Zoning District specified in Section 4 of this Ordinance unless approved by the Planning Commission and City Council as part of a PUD Development Stage Plan based upon (but not limited to) a finding that the design of the structures is comparable in grade and quality with the intent of the Zoning Ordinance and the following provisions: 1. A minimum of twenty five (25%) percent of the front elevation shall incorporate brick or stone material. 2. Areas of the front fagade not utilizing brick or stone and the entire side and rear facade shall utilize fiber cement board siding of varying textures and colors to break up the horizontal mass of the structure. Section 7. Future Phases and Amendments. Approval of PUD Development Stage Plans after Phase 1 identified in the Avonlea PUD Booklet, or any portion thereof, modifications of the allowed land uses, location of allowed land uses or performance standards established by the Avonlea PUD Booklet or this Ordinance, and the inclusion of additional lands within this PUD District by Mattamy Homes, its affiliates, successors, and assigns only shall be processed in accordance with Section 11-96-21 of the Zoning Ordinance. Section 8. The zoning map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 9. This Ordinance shall be effective upon its passage and publication. 3 ADOPTED by the Lakeville City Council this 6th day of April, 2015 CITY OF LAKEVILLE BY: Matt Li , Mayov ATTEST BY: Charlene Friedges, City Jerk EXHIBIT A PARCEL A-1: The North 48 rods of the West 1650.35 feet of the Northwest % of Section 15, Township 114, Range 20, Dakota County, Minnesota, except that part platted as Cedar Avenue Park and Ride, AND The South 138.42 feet of the North 930.42 feet of the West 1650.35 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota. Also that part of the South 138.42 feet of North 930.42 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota that lies within the following described parcel: Beginning at the Southeast corner of the West 1650.35 feet of said Northwest Quarter; thence north, along the east line of the west 1650.35 feet, a distance of 1846.86 feet; thence southeasterly to a point on the south line of said Northwest Quarter which is 31.94 feet east of the point of beginning; thence west, along said south line, a distance of 31.94 feet to the point of beginning. PARCEL A-2: The North 83.19 feet of the South 551.03 feet of North 1481.45 feet of the West 1650.35 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota. Also that part of the North 83.19 feet of the South 551.03 feet of North 1481.45 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota that lies within the following described parcel: Beginning at the southeast corner of the West 1650.35 feet of said Northwest Quarter; thence north, along the east line of the West 1650.35 feet, a distance of 1846.86 feet; thence southeasterly to a point on the south line of said Northwest Quarter which is 31.94 feet east of the point of beginning; thence west, along said south line, a distance of 31.94 feet to the point of beginning. PARCEL B: The North %2 of the Northeast % of Section 16, Township 114, Range 20, Dakota County, Minnesota. PARCELS C AND D: The South Half of the Northeast Quarter, the North 13 1/3 rods of the North Y2 of the Southeast Quarter, and the North 13 1/3 rods of the North % of the Northeast Quarter of the Southwest Quarter all in Section 16, Township 114, Range 20, Dakota County, Minnesota. PARCEL F: The South Sixty-six and two-thirds rods of the North Half of the Southeast Quarter and the South Sixty-six and two-thirds rods of the Northeast Quarter of the Southwest Quarter, Section Sixteen (16), Township One Hundred Fourteen North, Range Twenty, according to the Government Survey thereof. PARCEL H: The North %2 of the Northwest % of Section 27, Township 114 North, Range 20 West, Dakota County, Minnesota. The South % of the Northwest % of Section 27, Township 114 North, Range 20 West, Dakota County, Minnesota. PARCEL L The North 1,616.00 feet of the East 1,616.00 feet of the Southeast Quarter of Section 28, Township 114 North, Range 20 West, Dakota County, Minnesota. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF DAKOTA ) ss Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: STW Lakeville and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 04/10/2015 and the last insertion being on 04/10/2015. By: Authorized Agent Subscribed and sworn to or affirmed before me on 04/10/2015. Notary Public vwv vvvvw vvvvNEwvvwvvvvvvvvvv% •`;. DARLEMARIE ( [ER90�I Notary Publio4Akinesota My Commission Bgslins ttan 11, 2011 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 374848 CITY OF LAKEVILLE DAKOTA COUNTY MINNESOTA ORDINANCE NO. 939 AN ORDINANCE ESTABLISH- ING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR AVONLEA THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. The legal description of the proper- ty included in the PUD District shall be as follows: EXHIBIT A PARCEL A-1: The North 48 rods of the West 1650.35 feet of the Northwest of Section 15, Township 114, Range 20, Dakota County, Min- nesota, except that part platted as Cedar Avenue Park and Ride, AND The South 138.42 feet of the North 930.42 feet of the West 1650.35 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota. Also that part of the South 138.42 feet of North 930.42 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota that lies within the following de- scribed parcel: Beginning at the Southeast comer of the West 1650.35 feet of said Northwest Quarter; thence north, along the east line of the west 1650.35 feet, a distance of 1846.86 feet; thence southeasterly to a point on the south line of said Northwest Quarter which is 31.94 feet east of the point of beginning; thence west, along said south line, a distance of 31.94 feet to the point of beginning. PARCEL A-2: The North 83.19 feet of the South 551.03 feet of North 1481.45 feet of the West 1650.35 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota. Also that part of the North 83.19 feet of the South 551.03 feet of North 1481.45 feet of the North- west Quarter of Section 15, Town- ship 114 North, Range 20 West, Dakota County, Minnesota that lies within the following described parcel: Beginning at the southeast corner of the West 1650.35 feet of said Northwest Quarter; thence north, along the east line of the West 1650.35 feet, a distance of 1846.86 feet; thence southeasterly to a point on the south line of said Northwest Quarter which is 31.94 feet east of the point of beginning; thence west, along said south line, a distance of 31.94 feet to the point of beginning. PARCEL B: The North Y2 of the Northeast X of Section 16, Township 114, Range 20, Dakota County, Minne- sota. PARCELS C AND D: The South Half of the North- east Quarter, the North 13 1/3 rods of the North Y2 of the Southeast Quarter, and the North 13 1/3 rods of the North Y2 of the Northeast Quarter of the Southwest Quarter all in Section 16, Township 114, Range 20,Dakota County, Minne- sota. PARCEL F: The South Sixty-six and two- thirds rods of the North Haff of the Southeast Quarter and the South Sixty-six and two-thirds rods of the Northeast Quarter of the South- west Quarter, Section Sixteen (16), Township One Hundred Fourteen North, Range Twenty, according to the Government Survey thereof. PARCEL H: The North Y2 of the Northwest of Section 27, Township 114 North, Range 20 West, Dakota County, Minnesota. The South Y2 of the Northwest X of Section 27, Township 114 North, Range 20 West, Dakota County, Minnesota. PARCEL I: The North 1,616.00 feet of the East 1,616.00 feet of the Southeast Quarter of Section 28, Township 114 North, Range 20 West, Dakota County, Minnesota. Section 2. Zoning Map Amend- ment. The property is hereby re- zoned from RA, Rural Agricultural District, RS -4, Single Family Resi- dential District, RST -2, Single and Two Family Residential District, RM -1, Medium Density Residen- tial District, RM -2, Medium Density Residential District and RH-2, High Density Residential District to PUD, Planned Unit Development District subject to the terms and conditions set forth herein. Section 3. Avonlea Planned Unit Development Plan. A. All entitlements, including but not limited to, allowed dwell- ing units, allowed uses, location and boundaries of the sub -districts and development standards es- tablished within this PUD District are hereby set forth by the Avonlea PUD Booklet dated [EFFECTIVE DATE] incorporated herein by refer- ence as Exhibit A. B. Any allowed uses and stan- dards not specifically addressed by the Avonlea Planned Unit De- velopment Plan shall be subject to the requirements set forth by the Lakeville Zoning Ordinance under- standing that subsequent, more specifically detailed PUD Develop- ment Stage Plans may seek modifi- cation of the standards and require- ments established by the Zoning Ordinance by City Council approval provided that the proposed flexibil- ity is shown to be consistent with the goals and objectives of the Avonlea PUD Booklet and complies with the fundamental principals for the requirements established by the Zoning Ordinance, even without their strict application. Section 4. Allowed Uses. The allowed uses within the PUD Dis- trict defined by the Avonlea PUD Booklet shall include the following base entitlements: A. Single Family. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative per- mit within the RS -4 District shall be allowed within this sub -district subject to approval of a Develop- ment Stage Plan in accordance with Section 11-96-13 of the Zon- ing Ordinance. B. Detached Townhome. All permitted uses, permitted acces- sory uses, conditional uses, interim uses and uses allowed by admin- istrative permit within the RST -2 District shall be allowed within this sub -district subject to approval of a Development Stage Plan in accor- dance with Section 11-96-13 of the Zoning Ordinance. C. Townhome. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative per- mit within the RM -1 District shall be allowed within this sub -district subject to approval of a Develop- ment Stage Plan in accordance with Section 11-96-13 of the Zon- ing Ordinance. D. Multiple Family. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative per- mit within the RH-1 District shall be allowed within this sub -district subject to approval of a Develop- ment Stage Plan in accordance with Section 11-96-13 of the Zon- ing Ordinance. E. Open Space. City of Lakeville and Master Homeowners Associa- tion owned public, quasi -public or private parks, trails, playgrounds and directly related buildings and structures only, subject to approval of a Development Stage Plan in ac- cordance with Section 11-96-13 of the Zoning Ordinance: Section 5. Lot Requirements. Lot requirements for the various land uses shall be as established by the PUD Standards section of the Avonlea PUD Booklet. Where no standard is identified, the appli- cable requirements of the Lakeville Zoning Ordinance shall govern un- less modified by approval of a PUD Development Stage Plan in accor- dance with Section 11-96-13 of the Zoning Ordinance. Section 6. Construction Stan- dards. The construction of struc- tures within the PUD District shall conform to following minimum standards: A. Building materials must con- form to the requirements of Section 11-17-9.A of the Zoning Ordinance. B. All dwelling units without basements shall provide a storm shelter as required by Section 11- 17-27 of the Zoning Ordinance. C. The sixty four (64) foot wide and seventy four (74) foot wide single family lots shall allow for a three stall attached garage as re- quired by Section 11-19-5 of the Zoning Ordinance; the fifty four (54) foot wide single family lots shall be exempt from this requirement. D. Building materials and con- struction for all detached town- houses, twin houses, townhouses, and multiple family use shall com- ply with the requirements of the underlying Zoning District speci- fied in Section 4 of this Ordinance unless approved by the Planning Commission and City Council as part of a PUD Development Stage Plan based upon (but not limited to) a finding that the design of the structures is comparable in grade and quality with the intent of the Zoning Ordinance and the follow- ing provisions: 1. A minimum of twenty five (25%) percent of the front eleva- tion shall incorporate brick or stone material. 2. Areas of the front facade not utilizing brick or stone and the en- tire side and rear facade shall utilize e fiber cement board siding of vary- ing textures and colors to break up the horizontal mass of the struc- ture. Section 7. Future Phases and Amendments. Approval of PUD Development Stage Plans after Phase 1 identified in the Avonlea PUD Booklet, or any portion there- of, modifications of the allowed land uses, location of allowed land uses or performance standards established by the Avonlea PUD Booklet or this Ordinance, and the inclusion of additional lands within this PUD District by Mattamy Homes, its affiliates, successors, and assigns only shall be pro- cessed in accordance with Section 11-96-21 of the Zoning Ordinance. Section 8. The zoning map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezon- ing hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorpo- rated by reference and made part of this Ordinance. Section 9. This Ordinance shall be effective upon its passage and publication. ADOPTED by the Lakeville City Council this 6th day of April, 2015 CITY OF LAKEVILLE BY: Matt Little, Mayor ATTEST BY: Charlene Friedges, City Clerk Published in Lakeville April 10, 2015 374848