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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. 2 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. 3 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. 4 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. 5 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 6 (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. 7 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. 8 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- 2 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 1 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 2 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 3 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