HomeMy WebLinkAbout6.i. Rosemount Crossings (Cuddle Bug) Minor PUD Amendment Attachments
EXECUTIVE SUMMARY
City Council Meeting Date: October 20, 2015
AGENDA ITEM: Case 15-28-AMD – Minor PUD Amendment.
Crystal’s Cuddle Bug Childcare requests a
minor amendment to the Rosemount Crossing
Planned Unit Development (PUD) agreement
allowing construction of 1,500 square foot
outdoor play area.
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, A.I.C.P.
Planner
AGENDA NO.
6.i.
ATTACHMENTS: Resolution, Minor Amendment to the Planned
Unit Development Agreement for Rosemount
Crossings, Site Map, Applicant’s Plan
APPROVED BY:
ddj
RECOMMENDED ACTION:
1. Motion to adopt a resolution approving a Minor Amendment to the Rosemount
Crossing Planned Unit Development (PUD) agreement allowing construction of
1,500 square foot outdoor play area subject to conditions.
2. Motion to authorize the Mayor and City Clerk to execute a Minor Amendment to the
Rosemount Crossing Planned Unit Development (PUD) agreement allowing
construction of 1,500 square foot outdoor play area.
SUMMARY
Applicant: Crystal’s Cuddle Bug Childcare
Property Owner: Rosemount Crossings, LLC
Location: 14865 South Robert Trail
Area in Acres: 2.8 Acres
Comp. Guide Plan Design: CC – Community Commercial
Current Zoning: C-4, General Commercial Planned Unit Development (PUD)
The applicant, Crystal’s Cuddle Bug Childcare, requests a minor amendment to the existing Rosemount
Crossing Planned Unit Development (PUD) agreement to allow construction of a 1,500 square foot outdoor
play area in the northwest corner of the subject property located at 14865 South Robert Trail. While Child
and Adult Daycare is a permitted use within the C-4, General Commercial District, a minor PUD
amendment to the existing PUD agreement is necessary to formalize the requested outdoor play area.
Under the City’s PUD standards, minor amendments may be administratively approved by staff but require
formal action by the City Council. Staff recommends the City Council approve this request.
2
BACKGROUND
Crystal Swanson started Cuddle Bug Childcare 13 years ago in the basement of her Rosemount home. In
August of this year she moved her business to the Rosemount Crossings shopping center and took over
4,600 square foot space generally in the space previously rented by MGM Liquor. While most of the
children that attend the childcare center will use the playground at neighboring Camfield Park, the applicant
also desires an on-site play area for toddlers. Based on state licensing requirements, the applicant needs a
1,500 square foot area surrounded by a 5’ fence. The fence will have a rod iron appearance to match the
fence surrounding the outdoor patio at Rudy’s Redeye Grill. The area will remain grass and contain small
moveable recreation equipment.
ISSUE ANALYSIS
Minor PUD Amendments are considered quasi-judicial actions. In such cases, the City is acting as a judge to
determine if the regulations within the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance
are being followed. Generally, if the application meets these requirements it must be approved.
The Planned Unit Development amendment process is detailed in Section 11-10-6.E. It classifies
amendments as either major or minor and establishes criteria for determining the classification. The
proposed amendment is considered minor because it does not:
1. Substantially alters the location of buildings, parking areas or roads.
2. Increase or decrease the number of residential dwelling units by more than five percent (5%).
3. Increase the gross floor area of nonresidential buildings by more than five percent (5%) or increases
the gross floor area of any individual building by more than ten percent (10%).
4. Increase the number of stories of any building.
5. Decrease the amount of open space by more than five percent (5%) or alters it in such a way as to
change its original design or intended use.
6. Create noncompliance with any special condition attached to the approval of the master
development plan.
By Ordinance minor amendments may be administratively approved by staff. However, a PUD is a contract
between the City and the developer and therefore requires Council approval of the modification to the
contract. Staff indicated that if the applicant kept the new play area behind the landscape buffer along the
north end which was installed when the Center was constructed, staff could consider the application as a
minor amendment. The applicant also discussed the play area location with the most affected property
owner at 14876 Camfield Circle, Mr. David Kromschroeder.
According to the applicant’s plans, the proposed outdoor play area will be located in the northwest corner of
the subject property. It will be located at least 10’ from the rear property line to the west, and at least 30’
from the city trail to the north. Existing landscaping should shield the adjoining residences from the play
area
To construct the outdoor play area the applicant’s plan also call for removing 1 spruce and 3 arborvitae trees
installed as part of the original landscaping required for Rosemount Crossings. As such, staff recommends a
condition of this approval require the applicant to replace these trees and any others lost in the process of
constructing the outdoor play area to maintain the existing buffer.
3
CONCLUSION & RECOMMENDATION
Staff recommends approval of a Minor Amendment to the Rosemount Crossings Planned Unit
Development (PUD) agreement allowing construction of a 1,500 square foot outdoor play area for Crystal’s
Cuddle Bug Childcare. The proposed outdoor play area will be surrounded by a fence that is consistent with
the fence around the outdoor patio at Rudy’s Redeye Grill. The area will remain grass and contain small
moveable recreation equipment. It will be located at least 10’ from the rear property and 30’ from the city
trail to the north. This location necessitates removal of 1 spruce and 3 arborvitae tress which the applicant
has agreed to replace the landscaping required under the original PUD agreement. Staff recommendation
for approval is based on the information submitted by the applicant and the findings made in this report.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE ROSEMONT
CROSSING PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT ALLOWING
CONSTRUCTION OF 1,500 SQUARE FOOT OUTDOOR PLAY AREA
WHEREAS, the Community Development Department of the City of Rosemount received a
request from Crystal’s Cuddle Bug to amend the Rosemount Crossings Planned Unit Development
Agreement allowing construction of a 1,500 square foot outdoor play area; and
WHEREAS, staff has prepared and recommends approval of a Minor PUD Amendment to allow
construction of the a 1,500 square foot outdoor play area, and
WHEREAS, on October 20th, 2015, 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 Rosemount Crossing Planned Unit Development
Agreement allowing construction of a 1,500 square foot outdoor play area, subject to the following
condition:
1. Approval of a fence permit consistent with the location and design illustrated on Exhibit
A.
2. The fence surrounding the outdoor play area shall match the fence around the outdoor
patio at Rudy’s Redeye Grill.
3. Replacement of any landscaping removed or lost as part of constructing the outdoor play
area.
ADOPTED this 20th day of October, 2015, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Hadler, City Clerk
1,
5
0
0
s
f
PL
A
Y AR
E
A
50
'
0
"
RO
S
E
M
O
U
N
T
1 4 8 5 5
Ro
b e r t
Tr
ai
l
Ro
se
m
o un
t
,
M
i
n
n
e
s
o
t
a
SI
T
E
P
L
A
N
St
e
1
4
8
5
5
CR
O
S
S
I
N
G
PL
A
Y A RE
A
C U D D L E B
U G
SITE PLAN
SET
BACK 10' 0"SET BACK
FROM PATH32' 8"
20' 0"
28
'
1
1"
2 4 '
7
1 /2 "
30
'
0
"
SHEET NO.
PROJECT NO.
15210-1
DA
T
E
D E SC
R
I
P
T
I
O
N
RE
V
I
S
I
O
N
S
:
#
DA
T
E
:
SC
A
L
E
:
D R A W N
B Y :
CH
E
C
K
E
D
B
Y
:
AS
N
O
T
E
D
OC
T
. 6
,
2
0
1
5
0 50 100 150
C1.1
10’
Set
Back
32’ 8”
20’ 0”
50
’
0
”
28
’
1
1”
24
’
7
1
/
2
”
30’ 0”
Set back
from path
1,500 SF
Play
Area
Remove 3 arborvitae trees and 1 spruce tree
Add 3 arborvitae trees and 1 spruce tree
of equal size
1
A MINOR AMENDMENT TO THE ROSEMONT CROSSING PLANNED UNIT
DEVELOPMENT (PUD) AGREEMENT ALLOWING CONSTRUCTION OF 1,500
SQUARE FOOT OUTDOOR PLAY AREA
THIS DECLARATION made this 20th day of October, 2015, by and between
Rosemount Crossings, LLC, a Minnesota limited liability company, (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 as described as Lot 4, Block 1
Rosemount Crossings (hereinafter collectively referred to as the “Subject Property”); and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
“Rosemount Crossings Planned Unit Development”, dated November 10, 2004, and recorded
with the Dakota County Recorder as document number 555080 on December 23, 2004,
(hereinafter referred to as the “Planned Unit Development Agreement”); and
WHEREAS, Declarant wishes to 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. Construction of an outdoor play area as illustrated on Exhibit A.
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 run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the
2
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.
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
Rosemount Crossing, LLC
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of _________,
2015, by _____________________ and _________________, the _________________ and
______________________, for and on behalf of U.S. Homes Corporation, 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
3
And by:
Clarissa Hadler, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2015,
by William H. Droste and Clarissa Hadler, 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
1,
5
0
0
s
f
PL
A
Y AR
E
A
50
'
0
"
RO
S
E
M
O
U
N
T
1 4 8 5 5
Ro
b e r t
Tr
ai
l
Ro
se
m
o un
t
,
M
i
n
n
e
s
o
t
a
SI
T
E
P
L
A
N
St
e
1
4
8
5
5
CR
O
S
S
I
N
G
PL
A
Y A RE
A
C U D D L E B
U G
SITE PLAN
SET
BACK 10' 0"SET BACK
FROM PATH32' 8"
20' 0"
28
'
1
1"
2 4 '
7
1 /2 "
30
'
0
"
SHEET NO.
PROJECT NO.
15210-1
DA
T
E
D E SC
R
I
P
T
I
O
N
RE
V
I
S
I
O
N
S
:
#
DA
T
E
:
SC
A
L
E
:
D R A W N
B Y :
CH
E
C
K
E
D
B
Y
:
AS
N
O
T
E
D
OC
T
. 6
,
2
0
1
5
0 50 100 150
C1.1
10’
Set
Back
32’ 8”
20’ 0”
50
’
0
”
28
’
1
1”
24
’
7
1
/
2
”
30’ 0”
Set back
from path
1,500 SF
Play
Area
Remove 3 arborvitae trees and 1 spruce tree
Add 3 arborvitae trees and 1 spruce tree
of equal size
1,
5
0
0
s
f
PL
A
Y AR
E
A
50
'
0
"
RO
S
E
M
O
U
N
T
1 4 8 5 5
Ro
b e r t
Tr
ai
l
Ro
se
m
o un
t
,
M
i
n
n
e
s
o
t
a
SI
T
E
P
L
A
N
St
e
1
4
8
5
5
CR
O
S
S
I
N
G
PL
A
Y A RE
A
C U D D L E B
U G
SITE PLAN
SET
BACK 10' 0"SET BACK
FROM PATH32' 8"
20' 0"
28
'
1
1"
2 4 '
7
1 /2 "
30
'
0
"
SHEET NO.
PROJECT NO.
15210-1
DA
T
E
D E SC
R
I
P
T
I
O
N
RE
V
I
S
I
O
N
S
:
#
DA
T
E
:
SC
A
L
E
:
D R A W N
B Y :
CH
E
C
K
E
D
B
Y
:
AS
N
O
T
E
D
OC
T
. 6
,
2
0
1
5
0 50 100 150
C1.1
10’
Set
Back
32’ 8”
20’ 0”
50
’
0
”
28
’
1
1”
24
’
7
1
/
2
”
30’ 0”
Set back
from path
1,500 SF
Play
Area
Remove 3 arborvitae trees and 1 spruce tree
Add 3 arborvitae trees and 1 spruce tree
of equal size