HomeMy WebLinkAbout9.a. Request by Mid America Real Estate for a Major Amendment to the Rosemount Market Square Planned Unit Development
EXECUTIVE SUMMARY
City Council Meeting Date: October 20, 2015
AGENDA ITEM: Case 15-26-AMD & 15-27-CUP: Request
by Mid America Real Estate for a Major
Amendment to the Rosemount Market
Square Planned Unit Development
Agreement to Construct a Building for
Chipotle and Arby’s Restaurants including
Outdoor Seating and a Conditional Use
Permit for a Drive-Through
AGENDA SECTION:
New Business
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 9.a.
ATTACHMENTS: Resolutions; Major Amendment to the
Rosemount Market Square Planned Unit
Development; Location Map; Site Plan;
Enlarged Site Plan; Color Elevations;
Elevations; Monument Sign Plan;
Rosemount Market Square Planned Unit
Development Agreement; Lions Club Interim
Use Permit; Plant Place Interim Use Permit.
APPROVED BY: ddj
RECOMMENDED ACTION:
1. Motion to Adopt a Resolution Approving the Major Amendment to the Rosemount
Market Square Planned Unit Development for a New Structure with Outdoor Seating
and Drive-Through
2. Motion to Approve the Major Amendment to the Rosemount Market Square Planned
Unit Development for a New Structure with Outdoor Seating and Drive-Through and
authorizing the Mayor and City Clerk to enter into this agreement
3. Motion to Adopt a Resolution Approving a CUP for a Drive-Through Facility at
Rosemount Market Square
SUMMARY
Rosemount Market Square (3400 to 3420 150th St W) is a multiple tenant commercial shopping center
which was originally approved in 1994 through a Planned Unit Development (PUD). The original 1994
plan included a future 15,000 square foot addition to the east of Knowlan’s grocery store (where the Pond
is located today). Instead of adding on to the shopping center, Mid America Real Estate is proposing to
construct a new 4,075 square foot building in the parking lot in front (to the north of) the shopping center.
The new building will include a Chipotle and Arby’s restaurants. The Arby’s will include a drive-through
and an outdoor seating area will be located to the west of Chipotle. To approve this proposal, a major
amendment to the PUD is required for the building including outdoor seating area and a conditional use
permit(CUP) for the drive-through.
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PLANNING COMMISSION
The Planning Commission reviewed this item at their meeting on July 28, 2015. During the meeting there
was no public comment. However, Commission Members expressed reservations about the number of
parking stalls at the site and the impact on parking that would occur due to the removal of stalls due to the
new building and the higher demand for parking caused by the popularity of the proposed tenants. Staff
noted that the staff report calculated the parking requirements for the property at 260 stalls with 289
provided. The property owner has additional area for new parking adjacent to the Pond ice arena, should
parking become an issue at the site. Staff is recommending a condition of approval that would allow the
City to request additional parking be installed should there become a parking problem at the site, based
upon the tenant mix. Commissioner Miller also asked about replacement of the existing multi-tenant pylon
sign rather than adding a second monument sign for the new building. The applicant indicated that
replacement would be very costly and a new monument sign fits with the character along Hwy 42.
Since the Planning Commission meeting the property owner and applicants have been working to ensure
the site layout will meet the needs of the proposed tenants. It appears that the trash enclosure might have
to be enlarged to accommodate the trash and recycling generated. This would result in the reduction of
one additional stall. At the time of writing, it is not clear if this is a certainty. However, as mentioned
above, there are excess stalls on the site as related to the ordinance parking requirements and therefore one
stall could be removed. As much time has passed since the Planning Commission approval, construction
on the building will not occur until spring 2016. That means that the Lions IUP can be used as it was
approved and does not need to be revised by December 2015. Because of the change in timing, condition
#1 has been modified to change the date by which each of the IUP’s associated with the property must
come in for modifications. Staff would not allow the summer seasonal sales in the same generalized
location given the project.
BACKGROUND
Arby’s and Chipotle are proposing to construct a single building that will house both restaurants in the
northeast corner of the Rosemount Market Square parking lot. The building will be 58 feet wide and 70
feet deep for a total square footage of 4,075 square feet. Chipotle will occupy the western 2,275 square
feet of the building and Arby’s will occupy the eastern 1,800 square feet of the building. Each restaurant
will have 30 indoor seats, while plans show a 690 square foot patio for outdoor seating adjacent to
Chipotle and Arby’s has a drive-through lane.
The existing parking lot is rectangular in shape with islands on the north and south side of the lot to define
the four aisles of parking. The existing parking lot has four openings on the south side of the lot to access
the common access drive to Canada Avenue to the east. There is a single opening to the west to allow
access from the entrance drive from CSAH 42 and the common access drive to Chippendale Avenue to
the west. The proposed building will not change the openings and access to the larger parking lot.
Within the parking lot, a new set of islands will be installed to continue the common access to
Chippendale Avenue. The building would be constructed over the west two parking aisles located directly
north of the extended common access. Nothing will change in the western most parking lot aisle, but the
rest of the parking lot will be reconstructed. The drive lanes to the south, east and north of the building
will be reconstructed with a one way counter-clockwise drive pattern. Diagonal parking will be
constructed to the east and north of the building. The drive aisle to the west of the building will allow for
two-way traffic.
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To the west side of the building, a patio for outdoor seating is located adjacent to the Chipotle entrance
and six (6) parking stalls will be installed directly south of the patio. A six foot pedestrian access will need
to be maintained between the building and the patio seating to provide pedestrian access to the Arby’s
entrance on the north side of the building. The patio would likely be able to provide seating for 30 to 40.
Outdoor seating greater than ten (10) seats is normally a conditional use permit (CUP). One of the CUP
standards is that the seating is required to be at least 200 feet from the nearest residential property line.
The proposed outdoor seating is approximately 187 feet from the residential property to the north of
CSAH 42. To allow this reduction, staff is regulating the outdoor seating through the major PUD
amendment. An outdoor patio at Chipotle differs from many of the other outdoor patio requests several
of which are for restaurants serving liquor in the community. Currently, the Chipotle would close at 10pm
meaning that the patio area would not have late night customers. Staff supports a PUD condition to
reduce the 200 foot setback for outdoor setback due to the 130 feet wide CSAH 42 right-of-way and the
high traffic counts on CSAH 42. Staff recommends that the outdoor seating shall be at least 55 feet from
the CSAH 42 right-of-way.
A drive-through window will be installed on the east side of the building and a drive-through menu board
on the south of the building. The drive-through facility requires a CUP. With appropriate landscape
screening north of the drive-through lane (described in more detail in the landscaping section below), staff
supports the approval of a CUP for the drive-through facility.
SITE PLAN REVIEW
Building Materials
The C-4 General Commercial building materials standards are designed to be at least 90% masonry. The
standards require that the non-glass portion of the building be at least 50% brick and the remaining non-
glass portions be at least 40% textured masonry block. The majority of the proposed building is
constructed of brown brick, scored block and rock-faced block. The exact mix of the non-glass portion of
the building is 37% brick and 57% textured block. This mix exceeds the 90% masonry requirement but is
short of the brick requirement by 13%.
Building Material Area Percentage of Non-Glass
Brick 1,329 sq ft 37.2%
Block 2,054 sq ft 57.4%
Trim 193 sq ft 5.4%
Glass and Doors 882 sq ft N/A
Total 4,458 sq ft N/A
Being a PUD, the City has the ability to reduce the brick requirement. Looking at the neighboring
buildings for guidance, the Rosemount Market Square is more than half EIFS with block columns; Hong
Kong Bistro is about 40% brick and 60% wood; Valvoline is about 100% block; Holiday is about 20%
colored metal trim and 80% brick; and McDonald’s and Burger King generally meet the building material
standards. Considering that the majority of the surrounding buildings do not meet the building standards
and that the proposed Arby’s and Chipotle building is over 90% masonry, staff recommends that the
building have at least 35% brick and at least 90% masonry.
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Setbacks
Frontage Required Setback Provided Setback
Building Parking Building Parking
North (CSAH 42) 30 feet 15 feet 67 feet 15 feet
East (Hong Kong
Bistro) 10 feet 10 Feet 61 feet 9 feet
All building setbacks meet ordinance requirements. The west and south setbacks are not listed because the
distance to the west property line is greater than 150 feet and the south property line is greater than 400
feet. The existing PUD allows a parking setback of 15 feet from CSAH 42 and the proposal maintains
that setback. The setback for parking from the east property line is ten (10) feet. The site plan shows the
existing parking lot curb line at about nine (9) feet and the modified parking lot is proposed to maintain
the same curb line as exists today. Staff recommends a condition in the PUD approval to maintain the
parking setback equal to the existing curb line.
Parking
Establishment Seats/Area/Occupants Parking Ratio Requirement
Arby’s 30 seats 1 seat per 3 seats 10 stalls
Chipotle 30 seats 1 seat per 3 seats 10 stalls
Fireside 205 seats 1 seat per 3 seats 67 stalls
House of Curry 20 seats 1 seat per 3 seats 7 stalls
The Pond 118 occupancy 1 stall per 2 occupants 59 stalls
Retail 21,302 square feet 5 stalls per 1,000 sq ft 107 stalls
Total 260 stalls
Parking Stalls Provided: 289 parking stalls
Landscaping:
The Arby’s/Chipotle building is being installed within a developed site. The amount of trees required is
based on the total land area of the site. The ordinance tree standards were met with the original
Rosemount Market Square construction including trees along the perimeter of the site and along the
north-south access drives within the parking lot. No additional trees are required for the Arby’s/Chipotle
building.
Foundation plantings are required at a rate of one planting per ten (10) feet of the perimeter of the
building. The building is 58 feet wide by 70 feet deep for a total perimeter of 256 feet which will require
26 foundation plantings. It is common for the City to require the installation of the foundation plantings
at the perimeter of the site instead of at the building because it would have the greatest impact to the
general public. The McDonald’s landscaping is an example of installing the planting at the perimeter of
the parking lot.
The north side of the existing parking lot has an extensive group of planting towards the middle of the
parking lot, but the building will be constructed toward the east side of the parking lot with the drive-
through on the east side of the building. To mitigate for any possible headlights facing County Road 42,
staff is recommending that the 26 foundation plants be installed on the north side of the parking lot in
front of the drive-through lane to provide screening for at least four (4) feet in height.
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Trees Requirement: 1 tree per 3,000 square feet of land area
Additional Trees Required: None
Foundation Plantings Requirement: 1 per 10 feet of building perimeter
Additional Foundation Plants Required: 26 Plants
Monument Signage
Arby’s and Chipotle request a monument sign (a ground sign along CSAH 42) to provide signage for both
businesses. The existing monument sign for Rosemount Market Square does not have room for two
additional businesses. Since the existing sign is close to the market square entrance, staff does not propose
adding onto the existing sign because it could create safety and vision issues for drivers.
The proposed common monument sign is located about 80 feet east of the existing sign and therefore
should not create any safety or vision issues. The City Code allows only one monument sign per frontage.
If the Arby’s and Chipotle were to subdivide the site, they would be allowed their own monument sign.
Instead, staff is proposing to use the amendment to the PUD process to permit the second monument
sign. Arby’s and Chipotle are proposing a 12 foot wide by 11 foot tall sign with a sign face of 92 square
feet (12 feet by 7 feet 8 inches). The Code allows monument signs to be 100 square feet and 20 feet tall.
Since a 20 foot tall sign would interfere with the existing market square sign, staff recommends a condition
that the sign area does not exceed 100 square feet and the sign height not exceed 12 feet.
Trash Enclosure
The site plan proposes a trash enclosure on the east end of the east-west drive lane, but the plans do not
describe what the building materials are for the enclosure. The City Code requires that the sides without
the doors be constructed of similar materials to the principal building. Staff recommends that the trash
enclosure be constructed of the same masonry block as the Arby’s building.
Lighting
The construction of the building will remove one light pole from the existing parking lot. The applicant
has not proposed how the parking lot lighting will be addressed. Staff has recommended that the
applicant submit a lighting plan that complies with the City Code and that all non-essential lighting be turn
off after business hours.
Plant Place and Lions Club Transient Merchant Interim Use Permits
There are two interim use permits (IUP) for seasonal (transient) sales located in the parking lot in front of
The Pond. The Plant Place IUP allows for garden sales from April 1 to July 31 and the Lions Club IUP
allows Christmas tree sales from November 24 to December 31. Both IUPs run through 2018, but both
IUPs state that any additional development at Rosemount Market Square may result in the revocation of
the IUPs. Staff is not recommending revoking the IUPs at this time, but has recommended a requirement
that the land owner request amendments to the IUPs by March 1, 2016. If the land owner does not
request the amendments, then the IUPs would be revoked.
Staff believes that it may be possible for the Lions Club to remain in the parking lot if it does not interfere
with the other tenants, but Plant Place would likely need to relocate to the green space to the east of The
Pond if they wish to continue seasonal sales on the site.
Legal Authority
The conditional use permits (CUPs) are considered quasi-judicial actions. The Major Amendment to the
PUD request is also a quasi-judicial decision because City Code treats PUD as a conditional use permits
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(CUP). 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.
CONDITIONAL USE PERMIT
Drive-through facilities for restaurants, banks, and other similar uses.
1. The site and building(s) shall be designed to limit the effects of the drive-through on adjacent
properties and public rights of way. No use with a drive-through window shall be located abutting
any residential use or district.
The drive-through lanes turn the cars towards the east (Hong Kong Bistro)
when ordering and pick-up windows face the north (CSAH 42). This is a
similar alignment to the drive-through at Wendy’s. Staff recommends that
landscaping be installed to the north of the parking lot and the drive-through
lane to mitigate any headlights onto CSAH 42.
2. Drive-through facilities shall have a minimum six (6) stacking spaces per drive-through window.
Fast food uses operating more than one window per individual drive aisle shall meet the stacking
requirements for a single drive-through facility. Each space shall be a minimum of nine feet (9')
wide by eighteen feet (18') long.
The drive-through windows have space for the stacking of three cars before
stacking occurs in front of the drive directly to the west of the building, but
six cars can stack before the west most access drive is blocked. Staff is
supportive of this design because cars can still drive around the building
using the by-pass lane to the right of the drive-through lane and cars can use
the west most access drive to get in and out of the parking lot.
3. The principal building shall be the primary source for screening the drive-through facility and
stacking and exiting areas from adjacent properties and/or rights of way. Landscaping and berming
shall be a secondary source for screening drive-through, stacking or exiting areas. Should
landscaping and berming be found ineffective by the city, the city may approve screening walls
and/or decorative fencing as an alternative. Screening walls shall be constructed of the same
materials as the principal building and shall not extend more than twenty five feet (25') without a
change in architecture to reduce their mass and appearance. Stacking areas shall have a minimum
ninety percent (90%) opacity screen to a height of six feet (6') while exiting areas shall have a
minimum fifty percent (50%) opacity screen to a height of at least four feet (4').
The building screens the drive-through menu and windows from the public
right-of-ways. The staff recommended ground cover and landscaping to four
feet of height along the CSAH 42 frontage in front of the drive-through lane to
screen any headlights from CSAH 42.
4. Stacking lanes, order board intercom, and service window shall be designed and located to
minimize noises, emissions, and headlight glare upon adjacent properties and public rights of way.
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With the additional landscaping, the stacking lanes, menu boards, and service
windows are configured to limit any headlight glare upon public right-of-ways
and adjacent residential properties.
5. Stacking lanes shall not interfere with circulation through any required parking, loading,
maneuvering or pedestrian area.
Stacking lanes do not interfere with circulation or any required parking,
loading, maneuvering or pedestrian area. Even if the stacking blocked the
access drive directly west of the building, that drive is allowed two way traffic
so that cars can use the west most access drive to circulate.
6. No public address system shall be audible from a noncommercial or nonindustrial use or district.
Staff has prepared a condition prohibiting public address or ordering speakers
from being audible from the property lines.
7. In addition to the freestanding sign allowed by the sign ordinance, fast food uses may display menu
signs related to drive-through facilities, provided that:
a. Not more than one menu sign per defined drive-through aisle is allowed.
b. Individual menu signs shall be single sided with an area not to exceed thirty two (32) square
feet including both menu information and sign cabinet.
c. The height of the menu sign(s) shall not exceed eight feet (8') including its base or pole
measured from grade to the top of the structure.
d. The menu sign(s) shall not encroach into any parking setback and shall be located directly
adjacent to the drive-through aisle and oriented in such a manner that the sign provides
information to the drive-through patrons only and does not provide supplemental
advertising to pass-by traffic and does not impair visibility or obstruct circulation.
The actual design of the menu boards has not been provided. Staff has
prepared a condition that requires conformance with the above menu board
standards.
MAJOR AMENDMENT TO THE PUD AGREEMENT
Outdoor seating or dining areas for eleven (11) or more seats.
1. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or dining areas on
contiguous properties and/or public rights of way.
The outdoor seating area is located to the west of the building and to the north of the
parking area. The outdoor seating area is also located about 57 feet from the CSAH 42
right-of-way. The location of the outdoor seating area will have no effect on contiguous
properties or public right-of-way.
2. The seating area shall be located on private property along the front, side or rear of the principal
building but shall not be located within a required setback or on the side abutting any residential use
or district.
The outdoor seating area is located on private property along the west side of the building.
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The outdoor seating area is not within a required setback or an abutting residential use.
3. The seating area shall not interfere with circulation in any required parking, loading, maneuvering or
pedestrian area. A minimum four foot (4') passageway shall be maintained along the private sidewalk
for pedestrians.
The outdoor seating area is separated from the parking and maneuvering area by a six (6)
inches concrete curb and therefore does not interfere with the circulation of any parking,
loading or maneuvering area. Staff has proposed a condition that a minimum of a six (6)
foot passageway be maintained between the outdoor seating area and the building. The
reason for the greater passageway is because the building is installed with ten (10) foot wide
sidewalks and that the seating area is located between the Arby’s entrance to the east and
the Chipotle entrance to the south. Since customer’s (particularly handicapped customers
going to Arby’s) will be using this passageway, staff requests that the width of the
passageway be larger than the four (4) foot minimum width.
4. The seating area shall be located in a controlled or cordoned area acceptable to the city with at least
one opening to an acceptable pedestrian walk.
The outdoor seating area is separated from the parking lot by a six (6) inch concrete curb
and is open to a pedestrian walk on the entire east side of the seating area.
5. When a liquor license is granted, an uninterrupted enclosure is required and the enclosure shall only
have access through the principal building.
Arby’s and Chipotle are not requesting liquor licenses.
6. The seating area shall not be permitted within two hundred feet (200') of any residential use or
district as measured at the property line and shall be separated from residential use or district by the
principal structure or other method of screening acceptable to the city. The minimum distance from
a residential use or district may be reduced should the city determine the applicant has added
sufficient elements to reduce the impact of this use.
The outdoor seating is located about 187 feet from the residential property on the north side
of CSAH 42. This is slightly less than the 200 feet required. Staff believes that any impact
generated by the seating area shall be much less than the impacts generated from the
adjoining high traffic, high speed Principal Arterial, CSAH 42. CSAH 42 has a 130 foot wide
right-of-way in front of the site. For these reasons, staff has proposed that a standard within
the PUD that the seating area shall be located at least 55 feet from the CSAH 42 right-of-
way.
7. No public address system shall be audible from a noncommercial or nonindustrial use or district.
Arby’s and Chipotle are not anticipated to have a public address system.
RECOMMENDATION
Motion to approve the Major PUD amendment, CUP for a drive through facility, and Adopt a Resolution
Approving a CUP for a Drive-Through Facility at Rosemount Market Square.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
A RESOLUTION APPROVING A MAJOR AMENDMENT TO THE ROSEMOUNT
MARKET SQUARE PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT TO
CONSTRUCT A BUILDING FOR CHIPOTLE AND ARBY’S RESTURANTS
INCLUDING OUTDOOR SEATING AND DRIVE-THROUGH
WHEREAS, the Community Development Department of the City of Rosemount received a
request from Chipotle and Arby’s to amend the Rosemount Market Square Planned Unit
Development Agreement to construct a building for Chipotle and Arby’s restaurants including
outdoor seating and a drive-through; and
WHEREAS, staff has prepared and recommends a Major PUD Amendment to construct a building
for Chipotle and Arby’s restaurants including outdoor seating and a drive-through, and
WHEREAS, on July 28, 2015, the Planning Commission of the City of Rosemount held a public
hearing and reviewed the Major PUD Amendment; and
WHEREAS, on July 28, 2015, the Planning Commission recommended approval of the Major PUD
Amendment and Conditional Use Permit for a drive-through, subject to conditions; and
WHEREAS, on October 20, 2015, the City Council of the City of Rosemount reviewed the
application and the Planning Commission recommendation.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Major Amendment to the Rosemount Market Square Planned Unit Development
Agreement to construct a building for Chipotle and Arby’s restaurants including outdoor seating and
a drive-through, subject to the following conditions:
1. Rosemount Properties, LLC shall submit for amendments to the Plant Place and the Lions
Club seasonal IUPs by March 1, 2016 to adjust the seasonal sales location to not interfere
with the Chipotle, Arby’s or any other tenant at Rosemount Market Square. Failure to
submit for the IUP amendments will result in the revocation of the Plant Place and Lions
Club IUPs.
2. Selection and placement of the rooftop mechanical equipment so that the parapet wall
shields the equipment from public view.
3. Provide a lighting plan that meets the City Code requirements for lighting
4. Lighting fixture cut sheets shall be provided to ensure that are a cut-off style of lighting.
5. Non-essential lighting shall be turned off after business hours.
6. The east parking lot curb shall not be installed closer to the east property line than the curb
that exists today.
7. A common monument sign is allowed for the Arby’s and Chipotle provided that the total
sign area does not exceed 100 square feet and the sign height does not exceed twelve (12)
feet.
8. The non-glass and non-door building materials shall contain at least 35% brick and shall
contain at least 90% brick and block.
9. The north, east and south side of the trash enclosure shall be constructed of the same
RESOLUTION 2015-
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masonry block as used on the Arby’s building.
10. The outdoor seating shall be located at least 55 feet from the 2015 CSAH 42 right-of-way.
11. The outdoor seating shall maintain a six (6) foot wide pedestrian access along the west side
of the building to allow access to the Chipotle and Arby’s entrances.
12. The applicant shall provide additional parking on site should the site experience a shortage
of parking as determined by the City upon viewing site parking issues on a regular basis.
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
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW A
DRIVE-THROUGH FACILITY at ROSEMOUNT MARKET SQUARE
WHEREAS, the City of Rosemount received an application from Mid America Real Estate for the
approval of a Conditional Use Permit (CUP) to build a drive-through facility at Rosemount Market
Square; and
WHEREAS, on July 28, 2014, the Planning Commission of the City of Rosemount held a public
hearing to review the CUP application from Arby’s for a drive-through facility; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the CUP for Arby’s subject to the conditions listed below; and
WHEREAS, on October 10, 2015, the City Council of the City of Rosemount reviewed the
Planning Commission’s recommendation and the CUP application for a drive-through.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the CUP for a Drive-Through Facility at Rosemount Market Square, subject to the
following conditions:
1. Public address systems and ordering speakers shall not be audible at the property lines.
2. The text on the menu board shall not be so large as to be visible from the public right-of-
way or as to serve as off-site advertising.
3. Size and design of menu boards shall conform to condition seven (7) of the drive-through
facility conditional use permit standards.
4. Install ground cover and landscaping equal to 26 foundation plantings along the north and
property lines to screen cars in the drive-through to a height of four feet
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
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A MAJOR AMENDMENT TO THE ROSEMOUNT MARKET SQUARE PLANNED UNIT
DEVELOPMENT (PUD) AGREEMENT TO CONSTRUCT A BUILDING FOR
CHIPOTLE AND ARBY’S RESTURANTS INCLUDING OUTDOOR SEATING AND
DRIVE-THROUGH
THIS DECLARATION made this 20th day of October, 2015, by and between
Rosemount Properties LLC, (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,
“Subdivision and Planned Unit Development Agreement, Rosemount Markey Square”, dated
June 9, 1994, (hereinafter referred to as the “Planned Unit Development Agreement”); and
WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement to
construct a building for Chipotle and Arby’s Restaurants and future retail tenants including
outdoor seating and a drive-through and that 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 documents, plan
and drawings listed in Paragraph 1 of the Planned Unit Development Agreement and, in
addition, to the following:
City Resolution No. 2015-; Attachment Two
Site Plan; Attachment Three and Four
Exterior Elevations; Attachment Five, and Six
Existing Conditions; Attachment Seven
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Monument Sign; Attachment Eight
Colored Elevation; Attachment Nine
All of which attachments are copies of original documents on file with the City and are made
part hereof.
2. The use and development of the Subject Property shall conform to the Rosemount Market
Square Planned Unit Development Agreement include the ability to have a drive through
and outdoor seating associated with the new building, except as modified herein.
3. Except as modified by paragraphs 1 and 2 of this Amendment, the Planned Unit
Development Agreement shall remain in full force and effect.
4. 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
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
______________________________.
By
Its
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_________________, a______________, by
and on behalf of said _______________________.
_______________________________
Notary Public
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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:
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
SITEPLAN763) 479-3905 ROSEMOUNT, MINNESOTACHECKEDBY: 3410150THSTREETWESTPOBox635
BUILDINGASSOCIATESLLCSCALE: AS NOTED MARKETSQUAREROSEMOUNTRETAILDATE: DATEDESCRIPTION#
REVISIONS:
5'-0"3'-0"
6"6"
6"
6"
6"
334.75'
SITEBOUNDARYLINE
NEWPARKING
EXISTINGH.C. STALLS
24' 0"76' 6"
22' 8" 10' 0"
CONCRETEDRIVE LANE
B
ARBY'S10' 0"10' 0"16' 0"
1,800SF
24' 0" 18' 0"
70' 0" A
CHIPOTLE C
2,275SF
B
A
NEWPARKING
D
9'-0" TYP9'-0" TYP
8' 0"8' 0"
24' 8" 61' 0"5' 0"
EXISTINGH.C. STALLS
B
25' 0" B
6' 0"
EXISTINGH.C. STALLS
EXISTINGH.C. STALL
SITEPLAN763) 479-3905 ROSEMOUNT, MINNESOTALongLake, MN 55356CHECKEDBY: 3410150THSTREET WESTPOBox635BUILDINGASSOCIATESLLCSCALE: AS NOTED ROSEMOUNT MARKETSQUARERETAILJULY17, 2015DATE: DATEDESCRIPTION# REVISIONS: NEWPARKING
CONCRETE DRIVELANE
B
ARBY'S
1,800SF
A
CHIPOTLE C
2,275SF
B
A
NEWPARKING
D
9'-0" TYP9'-0" TYP
B
B
ELEVATIONS763) 479-3905 ROSEMOUNT, MINNESOTACHECKEDBY: 3410150TH STREETWESTPOBox635BUILDINGASSOCIATESLLCSCALE: AS NOTED ROSEMOUNT MARKETSQUARERETAILDATE: DATEDESCRIPTION# REVISIONS:
ELEVATIONS3905(763) 479-ROSEMOUNT, MINNESOTALongLake, MN 55356CHECKEDBY: 3410150TH STREETWESTPOBox635DRAWNBY: BUILDINGASSOCIATESLLCSCALE: AS NOTED ROSEMOUNT MARKETSQUARERETAILJUly17, 2015DATE: DATEDESCRIPTION# REVISIONS:
10"
18' 0"
ELEVATIONS3905(763) 479-ROSEMOUNT, MINNESOTALongLake, MN 55356CHECKEDBY: 3410150TH STREETWESTPOBox635DRAWNBY: BUILDINGASSOCIATESLLCSCALE: AS NOTED ROSEMOUNT MARKETSQUARERETAILJUly17, 2015DATE: DATEDESCRIPTION# REVISIONS:
SIGN763) 479-3905 ROSEMOUNT, MINNESOTAMONUMENTCHECKEDBY: 3410150TH STREETWESTPOBox635BUILDINGASSOCIATESLLCSCALE: AS NOTED ROSEMOUNT MARKETSQUARERETAILDATE: DATEDESCRIPTION# REVISIONS: 11' 0" 3' 4"
CONCRETEDRIVELANE
ARBY'S
1,800 SF
CHIPOTLE
2,275 SF
NEWPARKING
9'-0" TYP9'-0" TYP
2014-2018InterimUsePermitConditionsforRosemountLionsClub/ Rosemount Properties, LLCTransientMerchantOutdoorSalesLotforChristmasTreesThisInterimUsePermit (IUP) is valid only for Lot 1, Block 1, Rosemount Market Square, DakotaCounty, Minnesota. 1.This permit shall be in effect for the calendar years of 2014, 2015, 2016, 2017 and 2018fromitseffectivedatetoDecember31, 2018. The outdoor sales lot may operate from November
thnd24toDecember22in 2014. The Lions Club shall contact the City prior to installation of
the sales lot each yearwith the dates of operation for that year. Up to 40 days of operation
shall be allowed each year by this permit, which is valid until December 31, 2018.
2.Hours of operation shall be limited to 2:00 p.m. and8p.m. on weekdays and10:00 a.m. and
8:00p.m. on weekends.
3.The owner and/or operator of the outdoor sales lot shall have writtenpermission of owner
of the property on whichthe sale is located.
4.Should the owner of Lot 1, Block 1, Rosemount Market Squarereceive any additional
development approvals for this property, the City may reevaluate this permit.
5.This permit shall bereviewed prior to renewal in 2015for conformance with these
conditions. Thereafter, the CityCouncil willdetermine theappropriate timeinterval forthe
subsequent renewal procedure.
6.Violation of any specified IUP condition or otherwise unlawful activity may result in
immediate revocation of the IUP.
7.The operation of the outdoor sales lotshall comply with the approved site plan attached as
Exhibit A.
8.Adequate off street parking, with a surface in compliance withsubsection 8-2-2.Jof this
code, shall be provided for both the principal and interim use ensuring that no obstruction
or interferenceoccurs with existing traffic patterns.
9.No parking related to the outdoor sales lot shallbe permitted onadjacentparcels without
the prior written consent ofthe adjacent parcel owner.
10.All site improvements shall be reviewed bythe City Engineer forapproval prior to
completion inaccordance withCity standards including gradingpermits.
11.No portion of the sales lot orany advertising for the eventshall take place within any public
right-of-way or intersection sight triangle. A minimum ten (10) foot setbackshall be
maintained from all property lines and no portion of the use shalltake place withinone
hundred feet (100') of anyproperty lineof any residential use or residentiallyzoned property.
12.All permits required by other applicable agencies must be obtainedand copiessubmitted to
the City.
13.Alldevelopment anddimensional standardsofthezoning ordinance apply tofuture
improvements of the Rosemount LionsClub Christmas Tree Sales Lot.
14.All structures mustconform to the Uniform Building Code and Fire Code.
15.The applicant orproperty owner shall provideahandicapaccessible satelliteinconformance
with DakotaCountyHealthstandards forportable sanitary facilities.
16.Anysignagefortheoutdoorsalelotor eventshallcomplywiththetemporary signage
requirements containedinchapter8 ofthistitle.
From: Butler Kay (US Partners) \[mailto:kay.butler@partners.mcd.com\]
Sent: Thursday, October 08, 2015 9:26 AM
To: Zweber, Eric
Subject: Building Application by Mid-America Real Estate
Hi Eric,
I wanted to express my concerns about the future building on the site North of the Pond/ Fireside
restaurant.
My Concerns are three fold.
1.The existing businesses already use a substantial amount of the parking in that area. Any future
development would not only take out existing stalls, but would also cause a potential for
overflow parking in other lots and winter parking issues with snow piles.
2.The area is currently undergoing changes for an outdoor patio area. That will change the
number of existing spaces and the flow of traffic.
3.Traffic on the interior street could potentially increase and cause back-ups in egress and ingress
to the existing businesses on that road. These could become worse if there are substantial
changes to the access from County Road 42 in the future.
Would the new businesses be required to have the same number of parking stalls that would be needed
if there were no other businesses in the area (i.e. new lot with new building)?
My biggest concern is for the increase in traffic on that interior road and the developer keeping up with
the maintenance of the property.
Thanks,
Kay Butler
McDonalds Owner
Hadler, Clarissa
From:Lindquist, Kim
Sent:Tuesday, October 20, 2015 4:25 PM
To:city council members
Cc:Johnson, Dwight; Hadler, Clarissa; Kim Jacobsen
Subject:FW: Building Application by Mid-America Real Estate
My apologies again. I did not include the following email sent from Ms Kay Butler regarding her parking concerns
associated with the Chipotle project on the Council agenda tonight. I did forward her the staff report from the Planning
Commission which indicated the number of stalls provided on the site and the number of stalls required by ordinance.
K
Kim Lindquist, Community Development Director
City of Rosemount, 2875 145th Street, Rosemount, MN 55068
Ph. 651-322-2020 / http://www.ci.rosemount.mn.us
From: Butler Kay (US Partners) \[mailto:kay.butler@partners.mcd.com\]
Sent: Thursday, October 08, 2015 9:26 AM
To: Zweber, Eric
Subject: Building Application by Mid-America Real Estate
Hi Eric,
I wanted to express my concerns about the future building on the site North of the Pond/ Fireside restaurant.
My Concerns are three fold.
1.The existing businesses already use a substantial amount of the parking in that area. Any future development
would not only take out existing stalls, but would also cause a potential for overflow parking in other lots and
winter parking issues with snow piles.
2.The area is currently undergoing changes for an outdoor patio area. That will change the number of existing
spaces and the flow of traffic.
3.Traffic on the interior street could potentially increase and cause back-ups in egress and ingress to the existing
businesses on that road. These could become worse if there are substantial changes to the access from County
Road 42 in the future.
Would the new businesses be required to have the same number of parking stalls that would be needed if there were no
other businesses in the area (i.e. new lot with new building)?
My biggest concern is for the increase in traffic on that interior road and the developer keeping up with the
maintenance of the property.
Thanks,
Kay Butler
McDonalds Owner
1