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Home My WebLink About6.n. Heritage Development, LLC PUD Agreement, Southeast Corner of Chippendale and Carrousel WayAGENDA ITEM: Heritage Development, LLC Planned Unit Development (PUD) Agreement Southeast Corner of Chippendale Avenue and Carrousel Way AGENDA SECTION: Consent PREPARED BY: Jason Lindahl, A.I.C.P. Assistant City Planner AGEM L ,I v ATTACHMENTS: Declaration of Covenants and Restrictions (PUD Agreement) for the Carrousel Plaza Office Building, 05/18/04 CC Minutes, 04/27/04 PC Minutes APPROVED BY: y RECOMMENDED ACTION: Motion to authorize execution of the PUD agreement for the Carrousel Plaza Office Building. ROSEMOUNT CITY COUNCIL City Council Regular Meeting' July 5, 2005 EXECUTIVE SUMMARY ISSUE On May 18, 2004, the City Council granted planned unit development approval to Heritage Development of Minnesota, LLC, to construct a two -story 25,400 square foot office building with shared access, parking and signage on the property located on the southeast corner of Chippendale Avenue and Carrousel Way. The apphcant is only now seeking a building permit The outstanding conditions of approval require the apphcant to execute a PUD agreement as well as easements for seven shared parking spaces, shared access from both Carrousel Way and 153` Street and shared signage with the movie theater directly to the east RECOMMENDATION These documents were reviewed by staff and the City Attorney and found consistent with the PUD approval Therefore, staff recommends the City Council authorize the execution of the PUD agreement. THIS DECLARATION made this day of 2005, by Heritage Development of Minnesota, LLC (hereinafter referred to as the "Declarant"); WHEREAS, Declarant is the owner of the real property described Carrousel Plaza Center, Dakota County, Minnesota (hereinafter referred 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 planned unit development for a 25,400 square foot commercial office building 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 DECLARATION OF COVENANTS AND RESTRICTIONS CARROUSEL PLAZA OFFICE BUILDING as Lot 1, Block 1, to as the "Subject 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 -69, Exhibit One b. Site Plan dated 4- 22 -04, Exhibit Two c. Landscape Plan dated 5- 10 -04, Exhibit Three d. West and South Elevations dated 3- 23 -04, Exhibit Four e. East and North Elevations dated 3- 23 -04, Exhibit Five f Lighting Plan dated 3- 23 -04, Exhibit Six g. Utility Plan dated 3- 17 -04, Exhibit Seven h. Grading Plan dated 3- 17 -04, Exhibit Eight i. Plat, Exhibit Nine j. Monument Sign Plan dated 3- 23 -04, Exhibit Ten all of which 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: 2 restrictions. a. All standards and plans identified in this PUD declaration of covenants and b. All current and applicable standards for 25,400 square foot office buildings located in the BP -3, Business Park 3 District identified in Ordinance B, the Zoning Ordinance, Ordinance Number XVII.4, the Subdivision Ordinance, and all other applicable federal, state and county standards. 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. Shared parking of seven (7) off street parking stalls with the movie theater property directly to the east. b. Shared access from both Carrousel Way and 153 Street. c. Shared signage with the movie theater property directly to the east. 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. 3 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 COUNTY OF HENNEPIN ss. 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 4 Its Notary Public CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- 69 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN FOR HERITAGE DEVELOPMENT CARROUSEL PLAZA OFFICE BUILDING WHEREAS, the Community Development Department of the City of Rosemount received an application from Heritage Development of Minnesota, LLC requesting approval of a Planned Unit Development Final Development Plan for construction of a two -story 25,400 square foot office building with shared parking and signage on the property located on the southeast corner of Chippendale Avenue and Carrousel Way, legally described as: Lot 1 Block 1, Carrousel Office Plaza Center, Dakota County, Minnesota WHEREAS, on April 27, 2004, the Planning Commission of the City of Rosemount reviewed the request for approval of a Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building; and WHEREAS, the Planning Commission of the City of Rosemount found the site plan for Carrousel Plaza office building consistent with current land use and zoning designations for the subject property, and WHEREAS, the Planning Commission of the City of Rosemount found the site plan for Carrousel Plaza office building consistent with minimum standards for access parking, building materials, trash enclosure, landscaping and berming, signage and lighting for the subject property; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the application for a Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building subject to conditions; and WHEREAS, on May 18, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the application for a Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building and EXHIBIT ONE NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Planned Unit Development Final Development Plan for Heritage Development of Minnesota, LLC for construction of the Carrousel Plaza office building, subject to the following conditions: 1. Issuance of a building permit. RESOLUTION 2004 69 2. Submission of ajoint access easement between Heritage Development, LLC and the movie theater property for the northeast access from Carrousel Way. This agreement shall be reviewed and approved by the City Attomey. The applicant must also obtain a cross- access agreement to use 153` Street or demonstrate that legal access is already granted to the subject property. 3. Submission of a shared parking agreement between Heritage Development, LLC and the movie theater property for 7 parking stalls. These stalls shall be aligned with the east entrance and connected to that entrance by a sidewalk and striping of a pedestrian walkway in the parking lot. This agreement shall be reviewed and approved by the City Attorney. 4. Submission of a shared signage agreement between Heritage Development, LLC and the movie theater property. This agreement shall allow one ground monument sign on the northwest comer of the subject property. This sign shall be the only ground sign on the office building site. This agreement shall be reviewed and approved by the City Attorney. 5. The movie theater site may request one additional ground monument sign. This sign must be located along the east side of the movie theater site and may not exceed 62.3 square feet (2 X 80 160 97.7 62.3). 6. The developer shall adequately address the City Engineer concerns as outlined in the staff report, including payment of all associated fees and charges. 7. All landscaped areas shall be irrigated. 8. Payment of park dedication in the amount of $18,900 or demonstrate that this fee was paid at the time of final plat 2 RESOLUTION 2004 -69 ADOPTED this 18` day of May 2004 by the City Council of the City of Rosemount. zL) ATTEST: Motion by: Strayton Second by Shoe Corrigan Voted in favor: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste Voted against: None Member absent: None William H Droste, Mayor 3 NOT FOR CONSTRUCTION CITY REVIEW ONLY 1I' 0 r CO z rn CHIPPENDALE AVENUE WI m CARROUSEL PLAZA o A OFFICE BUILDING u .7.10 o Z m g Ri Z CHIPPENUAL AVE 8 CARROUSEL WAY v Z ROSEMOUNT MN r EXHIBIT TWO EXHIBIT THREE b q m m z cr F .7-1• E E rn =4' m rn r- m H 1 NOT kbeCONSTRLICTI EXHIBIT FOUR T/ CARROUSEL PLAZA r C z 0 M OFFICE BUILDING p E.; q rr z CARROUSE_ WAY :C.SEmOUNT Mr. Zo NOT FOR;CONSTRUCTi CARROUSEL PLAZA OFFICE BUILDING C_iocE t E'vE CAFR,USEA WF° RCSEMOUN M4 EXHIBIT FIVE I y n 5 m z o G) r Z CHIPPENDALE AVENUE NOT FOR CONSTRUCTION CITY REVIEW ONLY yy 0 CARROUSEL PLAZA D m 2 74 F. O m zo A D CHIPPENDALE AVE 8 CARROUSEL WAY O Z m ROSEMOUNT, MN g vC OFFICE BUILDING EXHIBIT SIX PI CHIPPENDALE AVENUE x .ti CHID COURT Zor p �^'m Ny� 188661• H N a1 1,111 X 11.11 111 11111111,1 CHILI COURT CARROUSEL PLAZA SOUTH !f k r z 0 EXHIBIT SEVEN i CHIPPENDALE AVENUE .r, I 1 a 1 I I e T n 0 c N c 0 0 A a s4 e r 1 8 EXHIBIT EIGHT 2_1 A 8 NI 8 k 4k L 51 2. ti 7. rQ 1.0 1•0213 t ICWIN 10,01 FIRM MOWN 135 CC 0 72 :ra 010 1 3.• Mel OM CIO OAS 7 t.1 rd 4. a re 'OA r 1 1: 670 38 /100 /9 8 0 •A 4 0 84 •1 ii! :il :N. q i t c 6 iiidi. 9 A 4 9 •-1 D3 1, ,c.,,;: H 1111 t A E° Va EXHIBIT NINE SCHROEDER fl!C n,o,',,. end HOLT in LRCHIECSS 214 N 2ROdCWMY 2 MILWdAEE WI s:o: T.iir: u`:: a-cro'I (cm 100, 12 -9' TENANT CAe1 MONUMENT SIGN SCALE I/2 PROJECT FOR FOR in' D l Marcus Theatre Corporation n Xt. Dat 09 -12 -04 5K -IOO I fl I� I I MAR 2 3 2004 'lJ EXHIBIT TEN Excerpt from the Regular City Council Meeting of May 18, 2004 Heritage Development Carrousel Office Plaza Planned Unit Development (PUD) Final Development Plan Community Development Director Lindquist presented the final development plan for Heritage Development of Minnesota, LLC for another building at the southeast comer of Chippendale Avenue and Carrousel Way. The building is a multi -tenant office building which is designed as a two -story and has 25,400 square feet of space. Tenants will share a monument sign, access and parking with the movie theater property directly to the east. The applicant has modified the PUD to address all of staff's concerns. The modifications included increasing green space, adding a berm and landscaping, adding a sidewalk around the building and providing proper truck circulation. The property was platted some time ago and proof of the park dedication fee was not found by the City. The burden of proof is placed on the developer to show that the park dedication has been paid or provide that amount. The building is an attractive masonry structure with windows around the exterior. A letter of credit has been obtained. During the Public Hearing at the Planning Commission April 27, 2004, two residents expressed concern about the residential development to the south due to lack of landscaping and general maintenance of the landscaping and poor follow through by the residential builder. Lindquist indicated the current applicant was the owner of the property, but is not now, as it was sold to the builder. Jack Welch, Heritage Development of Minnesota, LLC responded to Council's questions. The shared sign was described as having back lighting with Marcus Theater at the top and six spaces for the tenants of the office building below. Mr. Welch noted he was also frustrated with the developer in regard to weeds. Mr. Welch would hope to have the office space available by next spring. MOTION by Strayton to adopt A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN FOR HERITAGE DEVELOPMENT to construct the two -story 25,400 square foot CARROUSEL PLAZA OFFICE BUILDING with shared access, parking and signage on the property located in the southeast corner of Chippendale Avenue and Carrousel Way, subject to conditions. Second by Shoe Corrigan. Ayes: Riley, Strayton, DeBettignies, Shoe Corrigan, Droste. Nays: None. Motion carried. Excerpt from the Regular Planning Commission Meeting of April 27, 2004 6E. CASE 04 -28 -PUD Heritage Carrousel Plaza Office PUD Jason Lindahl presented the application of Heritage Development of Minnesota, LLC, who requests site plan and Planned Unit Development (PUD) approval to allow the construction of a two -story 25,400 square foot office building with shared parking and signage for the property located on the southeast comer of Chippendale Avenue and Carrousel Way. The multi -tenant office building would share a ground monument sign and parking with the movie theater property directly to the east. The proposed multi- tenant office building is consistent with the current land use and zoning designations for the subject property. The parking area will have a bituminous surface surrounded by concrete curb and gutter. The parking area will be accessed from two curb cuts. The northeast curb cut is located along Carrousel Way and will be shared with the movie theater while the southeast curb cut is located along 153` Street. Staff recommends that a condition of approval require the applicant to submit a joint access easement for the northeast access from Carrousel Way for review and approval by the City Attorney. Staff recommends that a condition of approval require the applicant to submit a shared parking agreement with the movie theater for 7 stalls. Staff recommends that a condition of approval require the applicant to redesign the parking area to accommodate all necessary truck turning dimensions. Overall staff is supportive of the current proposal. The building and site plan generally meet the ordinance requirements of the underlying BP zoning. Additionally, because of the PUD request, staff is asking for additional landscaping and some modifications to the site design to provide more pedestrian access. The PUD also allows for a shared freestanding sign between the office and movie theater properties. This is acceptable to staff so long as the amount of signage between the two properties does not exceed what would be permitted for the sites independently. Shared access and parking are also necessary to successfully meet ordinance standards and achieve some of the staff recommendations for landscaping and the addition of a building perimeter sidewalk Discussion took place regarding tenancy, adequacy of parking, trash enclosure, and access at 153 St. Commissioner Powell recommended that a condition of approval be added that the need for an access agreement for the parking lot access off of 153` St. be reviewed. Chairperson Messner invited the applicant to comment. Jack Welch with Heritage Development was present to comment. He stated that the development company was in complete agreement with staff about the revisions and additions discussed. He stated that the joint access easement with the theater will not be a problem; it does need to be drawn up in the form of an agreement. The developer has common use right with 153 St. Commissioner Powell stated that in regards to the 20 foot drainage and utility easement on the property, he would like to clarify what, if anything, needs to be done with that before this project goes to City Council. Chairperson Messner opened the public hearing. Michelle Wilson, 15366 Chokecherry Ave. Resident that lives kitty -corner to the proposed property Expressed concerns about follow through of this developer. This is the same developer that worked on the townhome project on 153 St. They were told that a fence would be put in and improvements made. Concerned about the follow through since improvements didn't happen and now it looks bad. Rosemount overall has done a good job of widening the streets, adding plantings, etc. Want to make sure this development looks nice. Jack Welch, in answer to Ms. Wilson stated that Heritage Development was the developer on the townhome project, but once it gets past the development point, the project is sold off to a builder, and from then on his company is not involved John Wilson, 15366 Chokecherry Ave. Asked about the 30 foot easement. What is a typical easement? He is happy about the berms, foliage, but would like to see maintenance followed through. Page 2 Jason Lindahl stated that the standard parking setback is 20 feet. The drawing is showing 30 feet, which more than meets the requirement. MOTION by Messner to close the public hearing Second by Schultz. Ayes: Powell, Schultz, Zurn, Messner, and Humphrey. Nays: None. Motion carried. MOTION by Powell to recommend the City Council approve the site plan and Planned Unit Development (PUD) to allow the construction of a two -story 25,400 square foot office building with shared parking and signage on the property located on the southeast corner of Chippendale Avenue and Carrousel Way, subject to the conditions outlined below. 1. Issuance of a building permit. 2. Submission of a joint access easement between Heritage Development, LLC and the movie theater property for the northeast access from Carrousel Way. This agreement shall be reviewed and approved by the City Attorney. The applicant must also obtain a cross access agreement to use 153` Street or demonstrate that legal access is already granted to the subject property. 3. Submission of a shared parking agreement between Heritage Development, LLC and the movie theater property for 7 parking stalls. These stalls shall be aligned with the east entrance and connected to that entrance by a sidewalk and striping of a pedestrian walkway in the parking lot. This agreement shall be reviewed and approved by the City Attorney. 4. Redesign the parking area to have a minimum 3.5' planting area adjacent to the building, a 19' interior row of parking, a 24' drive lane, and an 18' outer row of parking. 5. Relocate the trash enclosure to the first stall in the western row of parking. The landscaping planned for the original location should also be moved to the new location, 6. Replace four parking stalls with landscaped areas containing at least one deciduous tree and foundation plantings. The stalls to be replaced with landscaped areas are located at the four comers of the interior row of parking and shall be replaced by the shared parking agreement. 7. Create three foot berms along Chippendale Avenue and 153` Street and increase the number of trees along 153` Street from 8 to 19. All 19 trees shall be coniferous and shall be planted in staggered rows with 10 foot spacing. 8. Placement of a shared ground monument sign on the northwest corner of the subject property. This sign shall be the only ground sign on the office building site. Page 3 9. The movie theater site may request one additional ground monument sign. This sign must be located along the east side of the movie theater site and may not exceed 62.3 square feet (2 X 80 160 97.7 62.3). 10. Submission of a revised lighting plan demonstrating all parking and building lighting will conform to the exterior lighting performance standards. 11. Submission of a revised site plan illustrating sidewalks and/or stairways from the trail along Chippendale Avenue to the parking area and from the shared parking on the movie theater site to the parking area. The applicant shall also stripe crosswalks from the end of the sidewalks to the building's entrances. These pedestrian connections will eliminate two parking stalls which shall be replaced by the shared parking agreement This item will proceed to City Council for final action on May 18, 2004. Page 4 12. The developer shall adequately address the City Engineer concerns as outlined in the staff report, including payment of all associated fees and charges. Second by Zum. Ayes: Schultz, Zum, Messner, Humphrey, and Powell Nays: None. Motion carried. PROPERTY 10 NUMBER 34. 16450 -011.00 FEE OWNER PAYABLE 2000 TAXES NET TAX iPECIAL ASSESSMENTS TOTAL TAX 8 SA PAYABLE 2001 ASMNT USAGE COMMERCIAL- PREFERRED ILLII ILL_ SITE MAP 2000 ESTIMATED MARKET VALUES (PAYABLE 2001) 2000 BUILDING INFORMATION (PAYABLE 2001) CARLSON PROPERTIES OF ROSEMOUNT LAND 266,000 LOT SIZE (EXCLUDES NO DATA AVAILABLE 15125 ROBERT TR S BUILDING ROAD EASEMENTS) ROSEMOUNT MN 55068.1745 TOTAL 288,000 95,4E9 SQ FT SCHOOL DISTRICT 196 2 19 ACRES 0 00 LOCATION SW1 /4 NW1 /4 SECTION 32.115 -19 0 00 000 PAYABLE 2001 HOMESTEAD STATUS NON HOMESTEAD WATERSHED DISTRICT VERMILLION RIVER LAST QUALIFIED SALE DATE AMOUNT LIIII I I/ Cs ILO.. HL 1 :2 rKl 5 too ST 7 ct 0 z FRoRt5Ec, rowalto_ Er) CTE Dimensions rounded to nearest fool ooyngtu 2001 Darrota County hs drawing a nePher a legally recorded map nor a Survey and s not in ended to be _sea as one Hs 0 -awing is a compilation of 'ecords information and data located In +anous crty co_nty and ate oFces and other sources affecting the area s^owr and is to be used ror eference purposes .Iy Dakota County is no' resporsidle for any inacceraces her n contained If discrepancies are unc please contact Dakota County Survey and Land Information Department lap Date February 27 200 Parcels Updated 1/5/01 Aer al Photograprty 1990 RO5 EYYo1 -t M T rHr( rEp- r C PLAT NAME CARROUSEL PLAZA SOUTH TAX DESCRIPTION PT OF OUTLOT A LYING N OF WLY EXT OF 3 LINE LOT 1 BLK 1 CARROUSEL PLAZA SOUTH A