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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