HomeMy WebLinkAbout7.a. Minor Amendment Rudy's Redeye Grill (Rosemount Crossing) PUD Minor Amendment 05-44-PUDAGENDA ITEM: Case 05 -22 -SP Rudy's Redeye Grill PUD
Amendment Agreement and
Administrative Amendment
AGENDA SECTION:
New Business
PREPARED BY: Rick Pearson, City Planner
AG i• 0 7
A
ATTACHMENTS: Draft resolution, Draft PUD Amendment
Agreement with exhibits and revised
building elevations
APPROVED BY:
RECOMMENDED ACTION:
Motion to authorize the execution of the PUD Amendment agreement with the revised
elevations and site plan for Rudy's Redeye Grill.
!i ROSEMOLINT
CITY COUNCIL
er 20, 2005
EXECUTIVE SUMMARY
ISSUE
Rudy's Redeye Grill was conditionally approved by Council on June 21, 2005 by Resolution 2005 -71, as
part of a major PUD amendment. A draft PUD agreement was also authorized for execution.
Subsequently, the owners have made design revisions to the restaurant and substituted different exterior
materials and colors. The attached draft PUD amendment agreement includes new exhibits of the
restaurant elevations and site plan As before, the related resolutions of approval are also included as
exhibits to the agreement that specify conditions of approval not reflected in the plans, such as the
additional landscaping required by Council at the previous meeting.
DISCUSSION
The restaurant previously included a combination of brick and stucco finish. The height and corner
entrance features will not change substantially. The stucco will be replaced by hardy plank lap siding with
a 3" lap. The corner tower will remain stucco. The lower 1/4 of the building will retain the brick as
originally approved The lap siding will be a medium green. The intent remains to emulate the character
of the New Orleans Cajun theme. The apphcants are also proposing an additional site amenity of a
fountain along the southern elevation of the building near the entrance between the building and the
sidewalk. The architect was unable to provide any additional detail. However, the elevation illustrates a
fountain structure at least 7 feet n height and 8 -9 feet wide at the base. Item 2d of the amendment
agreement is an added condition relating to this fountain structure.
The design of the wall signs have also changed. The elevations reflect the design. The signs will consist of
individual raised letters that are directly attached to the building. An attachment has been included
concerning the design of the monument sign. The materials in the monument sign will include both the
brick and lap siding consistent with the building. The monument location has been shifted closer to the
comer of the Cambrian Ave. entrance to South Robert Trail.
The mtenor design of the restaurant has been revised. The kitchen area extends along the entire northern
edge of the building, consolidating the serving area. The patio on the east side has shifted south, starting
at the corner of the building instead of being centered This change creates more space for the new
location of the monument sign near the entrance. The landscaping will shift with the patio.
RECOMMENDATION
Staff is comfortable with the revised elevations and monument sign. Therefore, execution of the attached
PUD amendment agreement is recommended.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005-
A RESOLUTION AMENDING RESOLUTION 2005 -71 APPROVING A
PLANNED UNIT DEVELOPMENT (PUD) MAJOR AMENDMENT
FOR ROSEMOUNT CROSSING
WHEREAS, on October 28, 2004, the City Council of the City of Rosemount approved the
Preliminary Plat and Planned Unit Development (PUD) Final Development Plan for Rosemount
Crossing, subject to conditions; and
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Charlie Rae, Inc. requesting a Planned Unit Development (PUD) Major
Amendment for a section of Rosemount Crossing legally described as:
Lot 3, Rosemount Crossing, Dakota County, Minnesota
WHEREAS, on May 24, 2005, the Planning Commission of the Rosemount reviewed the
Planned Unit Development (PUD) Major Amendment for the Rosemount Crossing and held a
public hearing; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Planned Unit Development Major Amendment for Rosemount Crossing, subject to
conditions; and
WHEREAS, on June 21, 2005, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the Planned Unit Development Major Amendment
for Rosemount Crossing; and
WHEREAS, on June 21, 2005 the City Council approved the Planned Unit Development Major
Amendment for Rosemount Crossing, Resolution 2005 71, subject to conditions.
WHEREAS, on September 20, 2005 the City Council reviewed the revised PUD Amendment
Agreement with the new exhibits and revised building elevations.
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves the revised
Planned Unit Development Major Amendment for Rosemount Crossing, subject to:
1. The conditions of Resolution 2005 -71 and the following additional conditions:
a. Execution of the PUD amendment agreement with revised elevations and
monument sign detail exhibits.
b. The Applicant shall be responsible for providing, installing, maintaining and
replacement of the ornamental fountain as depicted on Exhibit 5 of the PUD
Agreement or a similar site amenity subject to staff approval.
1 ADOPTED this 20th day of September, 2005 by the City Council of the City of Rosemount
William H Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Resolution 2005-
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
ROSEMOUNT CROSSING
Planned Unit Development Amendment Agreement
Rudy's Redeye Grill
DECLARATION OF COVENANTS
AND RESTRICTIONS
THIS DECLARATION made this day of 2005, by
(hereinafter
referred to as the "Declarant");
WHEREAS, Declarant is the owner of the real property described on Exhibit 1, attached
hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the City of Rosemount, Minnesota "City in connection with the approval of an
application for a major amendment to the Rosemount Crossing planned unit development for a
restaurant development on the Subject Property; and
WHEREAS, the City has approved such development on the basis of the determination by
the City Council of the City that such development is acceptable only by reason of the details of the
development proposed and the unique land use characteristics of the proposed use of the Subject
Property; and that but for the details of the development proposed and the unique land use
characteristics of such proposed use, the planned unit development would not have been approved;
and
WHEREAS, as a condition of approval of the planned unit development, the City has
required the execution and filing of this Declaration of Covenants, Conditions and Restrictions
(hereinafter the "Declaration and
WHEREAS, to secure the benefits and advantages of approval of such planned unit
development, Declarant desires to subject the Subject Property to the terms hereof.
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 following
documents, plans and drawings:
a. City Resolution No. 2004 -130, Exhibit 2.
b. City Resolution No. 2005 -71, Exhibit 3
b. Rudy's Red Eye Grill Site Plan, Exhibit 4.
c. Rudy's Red Eye Grill South Elevation, Exhibit 5.
CLL- 250829v1
R5215 -4
1
e. Rudy's Red Eye Grill East Elevation, Exhibit 6.
f. Rudy's Red Eye Grill North Elevation, Exhibit 7.
g. Rudy's Red Eye Grill West Elevation, Exhibit 8.
h. Landscape Plan sheet L -1, Exhibit 9.
i. Monument Sign, Exhibit 10
all of which attachments are copies of original documents on file with the City and are made a part
hereof.
2. Development and maintenance of structures and uses on the Subject Property shall
conform to the following standards and requirements:
a. A street -side building setback of 10 feet will be allowed from Cambrian
Ave. right -of -way.
b. A front -yard building setback of 25 feet will be allowed for the State
Highway 3 right -of -way.
c. Building wall signs shall be consistent in style, size and location as
depicted on the attached elevations, Exhibits 5, 6, 7 and 8.
d. The Declarant shall be responsible for providing, installing, maintaining
and replacement of the ornamental fountain as depicted on Exhibit 5 or a
similar site amenity subject to staff approval.
e. The Declarant shall be responsible for maintenance and replacement of all
site improvements including landscaping for the development on Lot 1,
Rosemount Crossing as depicted on the Landscaping Plan and as
additionally required in Resolution 2004 -130, and Resolution 2005 -71.
3. The Subject Property may only be developed and used in accordance with
Paragraphs 1 and 2 of these Declarations unless the owner first secures approval by the City Council
of an amendment to the planned unit development plan or a rezoning to a zoning classification that
permits such other development and use.
4. In connection with the approval of developers of the Subject Property, the following
variances from City Zoning or Subdivision Code provisions were approved:
a. Section 6.14.E 4, Minimum Front Yard Setback.
b. Section 8.1.H, Off Street Parking Required, subject to the terms of Resolution
2004 -130.
In all other respects the use and development of the Subject Property shall conform to the
requirements of the City Code of Ordinances.
5. The obligations and restrictions of this Declaration 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 Declaration 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
CLL- 250829v1
RS215 -4
2
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.
(SEAL)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
DECLARANT
By
Its
By
The foregoing instrument was acknowledged before me this day of 2005,
by the and
the for and on behalf of a
by and on behalf of said
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered (CLL)
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300
CLL- 250829v1
RS2I5 -4
3
Its
Notary Public
Lot 3, Rosemount Crossing, Dakota County, Minnesota.
Currently legally described as:
Marian Terrace EXCEPTING THEREFROM that part now platted as Marian
Terrace Replat and ALSO EXCERPTING THEREFROM that part now platted as
Marian Terrace Replat 2 Addition, according to the plat thereof on file and of
record in the office of the Registrar of Titles in and for said County of Dakota and
State of Minnesota
Together that portion of public lands vacated in Document No. 11942 filed June
21, 1955, which accrue to subject premises.
Exhibit 1
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 130
A RESOLUTION RESCINDING RESOLUTION 2004 -124 AND APPROVING A
REVISED RESOLUTION APPROVING THE PREMILINARY PLAT AND
PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN FOR ROSEMOUNT
CROSSING
WHEREAS, the Community Development Department of the City of Rosemount
received an application from Steiner Development, Incorporated, requesting a
Preliminary Plat and Planned Unit Development (PUD) Final Development for the
Rosemount Crossing, legally described as:
Marian Terrace excepting therefrom that part now platted as Marian Terrace Replat and
also excepting therefrom that part now platted as Marian Terrace Replat 2n Addition,
according to the plat thereof on file and of record in the Office of the Registrar of Titles
in and for said County of Dakota and State of Minnesota.
Together that portion of public lands vacated in Document No. 11942 filed June 21,
1955, which accrue to subject premises
WHEREAS, on June 21, 2004, the applicant submitted a revised site plan that responded
to some staff identified concerns, where upon the Planning Commission of the City of
Rosemount continued the public hearing for the Planned Unit Development Concept Plan
to July 14, 2004 to provide sufficient time to review the revised plans; and
WHEREAS, on July 2, 2004 the applicant submitted another revised PUD Concept Plan
for the project renamed Rosemount Crossing addressing additional concerns.
WHEREAS, on July 14, 2004, the Planning Commission reviewed the revised concept
PUD for Rosemount Crossing and received comments at the continued public hearing;
and
WHEREAS, the Planning Commission adopted a motion to recommend that the City
Council approve the Planned Unit Development Concept Plan for Rosemount Crossing,
subject to conditions; and
WHEREAS, August 2 2004, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation, the Planned Unit Development Concept Plan
for Rosemount Crossing
WHEREAS, the Council of the City of Rosemount approved the Plan Unit Development
Concept Plan for Rosemount Crossings, subject to conditions, and
WHEREAS, on September 14, 2004, the Planning Commission adopted a motion to
Exhibit 2
2
7 50LUTIQN 2004 -130
recommend that the City Council approve the Preliminary Plat and Planned Unit
Development Final Plan for Rosemount Crossing, subject to conditions; and
WHEREAS, on October 5, 2004, the Council of the City of Rosemount approved the
Preliminary Plat and Planned Unit Development Final Plan for Rosemount Crossing in
Resolution 2004 -124, subject to conditions; and
WHEREAS, on October 28, 2005 the City Council rescinded Resolution 2004 -124 and
approved a revised resolution approving the Preliminary Plat and Planned Unit
Development Final Plan for Rosemount Crossing, subject to conditions
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount
hereby approves the Preliminary Plat and Planned Unit Development Final Plan for
Rosemount Crossing, subject to:
1. Execution and recording of a PUD agreement to assure the property is developed
and used in accordance with the plan documents received on September 23, 2004
and this resolution To the extent of any inconsistencies between this resolution
and the approved declaration of covenants and restrictions, the former will
control
2. The development shall include a 6,500 sq ft restaurant with the first phase of
construction unless otherwise specified in the PUD agreement.
3. Incorporation of recommendations of the City Engineer regarding drainage,
erosion control, grading, street, storm water and utility design including the
following specifics.
a. A maintenance agreement shall be required for the underground storm water
storage system pnor to the issuance of a Building Permit.
b. The sanitary sewer shall be reconfigured to utilize the two stubs already
present on -site.
c. The plans shall conform to all City of Rosemount Engineering Standards and
guidelines and address comments specifically listed in the following report
d. Dedication of nght -of -way for the street connection between Camero Lane
and Cambnan Avenue and provision of funds necessary to construct the street
to City standards.
e. Obtain a MnDot access permit.
4 Reconstruction of Cambrian Avenue for exclusive access into the Rosemount
Crossing site and provision of landscaping for screening adjacent residential uses.
In consideration that site access is located within the public nght -of -way, the City
may at its own discretion take over the driveway within Cambrian Avenue for
public access purposes
5 Plan revisions to eliminate setback and sight- triangle encroachments of the
monument signs along Highway 3 at the corners with County Road 42 and
Cambrian Avenue, and setback encroachments along Highway 3 and County
Road 42 for ground signs
6 Ground signs shall have monument bases consistent in width with the sign face,
and consistent with building architecture and matenals Three ground signs are
3
'.ESOLUTION 2004 -130
freestanding signs may not exceed the height width and sign tenant into and logo
than the plan dated 9/2/04 and received by the City on 9/23/04.
7. Implementation of the revised landscaping plan received on September 23, 2004,
and further refinements to the plan.
a. Provide additional plantings within the normal parking setback area along
Highway 3 to immediately and effectively screen the drive- through from
south -bound traffic year round achieving 90% opacity to a height of three feet
b Reduce the overall percentage of Ash trees to no more than 25% (currently
more than 50% of all boulevard trees)
c. To coordinate with grading revisions associated with the emergency storm
water overflow
8. All landscape areas including parking lot islands shall be irrigated.
9. Pedestrian or sere ice doors entering into the drive through lane shall not be
permitted in the 4,200 sq. ft restaurant, or delivery times will be restricted to
periods exclusive of drive through service availability
10. Provision of a sign plan for consistency of design of wall signs. The sign plan
should designate a sign band for sign placement on each building, the type of
signs acceptable on the site, and the sign area for each tenant space. This sign
plan or covenant serve as the sign regulations for the entire property and will
supersede City adopted ordinance regulations.
11 The grocery building shall not have additional tenant signs located outside of the
E.I.F.S sign locations near the entrances and windows. A PUD amendment shall
be required if the building is proposed to be altered for multiple uses or tenants.
12. Construction of the sidewalk trail connection to Camfield Park consistent with
specifications of the Parks and Recreation Director
13 Approval of the Dakota County Plat Commission including provision of
additional right -of -way for County Road 42
14. Sidewalks intersecting with driveways shall emphasize the pedestrian crossings
with pavement detail including either textured concrete or brick pavers.
15 Incorporation of Recommendations from the Parks and Recreation Commission
for Park Dedication in the amount of $64,710 based upon current fee resolution.
16. The four light fixtures lining the outer edge of the retail building service area shall
be reduced to 20 maximum heights. Parking lot lighting and wall lighting must be
complementary to the light standards along Hwy 3 Light fixtures A -3, all D and
E fixtures shall be "Acorn" style fixtures as installed along highway 3.
17 The light fixture "E -26" shall be moved out of the pedestrian ramp curb cut
adjacent to the 22.400 sq ft. retail building
18 Building awnings shall be consistent with all applicable standards recommended
in the Draft Downtown Design Guidelines (Revised September 2004)
19 The applicant shall obtain necessary permits for work within right -of -way from
MnDOT and Dakota County and necessary permits from the State such as the
NPDES permit.
20 The applicant shall install masonry trash enclosures consistent with the materials
of the principal structures
21 The applicant shall provide the three public plaza spaces shown on the final
development plan accessory to the freestanding restaurant, south of the coffee
shop, and on the southern end of the multiple tenant retail space.
22. Payment of all required development fees including park dedication fees.
23. Should the property experience a parking shortage which creates negative off -site
impacts, as determined by the City, the City may require a parking study
predicting_ the impact of proposed future changes in use. The parking study will
use typical industry standards or if found acceptable, information generated
specifically for the end user. The parking study will be reviewed and approved by
the City prior to issuing a building permit or certificate of occupancy for the
proposed change in use.
24. The applicant must pay for no parking signs in adjoining residential
neighborhoods if they experience on- street parking associated w ith the project.
25. The tenant mix is restricted to that portrayed in the October 1, 2004 parking study
referencing the following use locations and building sizes submitted by the
applicant The indicated square footages and distribution of the uses are
considered to be maximum square footages not to be exceeded for the entire
project. The property is approved for a 15,000 sq ft ALDI grocery store, a 1,800
sq ft coffee shop. a 1,200 sq ft bagel shop. a 6,500 sq ft full- service freestanding
restaurant, and a 3,000 sq ft casual dining/high turnover sit -down restaurant. The
Lot 2 building may have a 2,400 sq ft bagel restaurant if the 3,000 sq ft casual
dining/high turnover sit -down restaurant space is reduced to a maximum of 1,800
sq ft. The total square feet of the restaurant space in the project my not exceed
12,500 square feet without a major PUD amendment. The introduction of non
retail uses aside from those listed above will not be allowed without a parking
study using typical industry standards, showing that the site has adequate parking
for the new and existing uses, subject to city review and approval
ADOPTED this 28th day of October, 2004 by the City Council of the City of
Rosemount
ATTEST:
Linda Jentink, Cty Clerk
Shoe Corrigan Riley
Motion by: Second by:
Voted in favor. DeBettignies, Snoe- Corrigan, Droste, Riley, Strayton.
Voted against: None.
Member absent. None.
y
_UTION 2004 -130
William H. Droste, Mayor
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2005- 71
Exhibit 3
A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT (PUD) MAJOR
AMENDMENT FOR ROSEMOUNT CROSSING
WHEREAS, on October 28, 2004, the City Council of the City of Rosemount approved the
Preliminary Plat and Planned Unit Development (PUD) Final Development Plan for Rosemount
Crossing, subject to conditions, and
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Charlie Rae, Inc. requesting a Planned Unit Development (PUD) Major
Amendment for a section of Rosemount Crossing legally described as:
Lot 3, Rosemount Crossing, Dakota County, Minnesota
WHEREAS, on May 24, 2005, the Planning Commission of the Rosemount reviewed the
Planned Unit Development (PUD) Major Amendment for the Rosemount Crossing and held a
public hearing; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Planned Unit Development Major Amendment for Rosemount Crossing, subject to
conditions; and
WHEREAS, on June 21, 2005, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the Planned Unit Development Major Amendment
for Rosemount Crossing; and
WHEREAS, the City Council approved the Planned Unit Development Major Amendment for
Rosemount Crossing, subject to conditions
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves the Planned
Unit Development Major Amendment for Rosemount Crossing, subject to:
1. Execution of an amendment to the PUD Agreement.
2. Conformance with applicable building and fire codes.
3. Additional Landscaping for parking lot screening is required at the edge of the parking lot
adjacent to South Robert Trail within the parking lot setback as specified in Resolution
2004 -130.
4. The sidewalk link between the restaurant and the Cambrian Ave. entrance sidewalk must
be preserved, by extending from the building entrance perpendicular across the parking
lot to the curbed island, then to the crossing at the restaurant entrance. Pavement details
in the parking lot crossing area shall be consistent with material approved in the
Rosemount Crossing PUD.
5. Conformance with the conditions of Resolution 2004 -130.
6. Additional landscaping shall be installed between the sidewalk pedestrian crossing on
Cambrian Ave. and the trash enclosure to reinforce sidewalk use.
ADOPTED this 21" day of June, 2005 by the City Council of the City of Rosemount.
ATTEST:
/1
Linda Jentink, CityPerk
5
William H. Droste, Mayor
2
RESOLUTION 2005- 71
Motion by: Shoe Corrigan Second by: DeBettignies
Voted in favor: Shoe Corrigan, Droste, Sterner, Baxter, DeBettignies
Voted against: None
Member absent: None
1
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LOCATION
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ROSEMOUJT, MN
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