The URL can be used to link to this page

Home My WebLink About6.j. Request by Celtic Crossing, LLC for a Minor PUD Amendment for Joint Use of Parking Areas, Case 10-29-VRCC.)JEM0U 1 EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: December 7, 2010 AGENDA ITEM: Case 10 -29 -V — Request by Celtic AGENDA SECTION: Crossing, LLC for a Minor PUD Amendment Consent for Joint Use of Parking Areas PREPARED BY: Eric Zweber, Senior Planner AG NDA NO. . , ATTACHMENTS: Location Map, Resolution, Minor PUD APPR D BY: Agreement Amendment, Site Plan, Celtic Crossing Restaurant Space, Draft November 26 Board of Appeals and Adjustments Meeting Minutes. RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a Minor Amendment to the Chippendale /42 Partnership Planned Unit Development (PUD) Agreement Approving the Joint Use of Parking Areas. Motion to Authorize the Mayor and City Clerk to execute an amendment to the Chippendale /42 Planned Unit Development Agreement. ISSUE Celtic Crossing, LLC owns the 33,343 square feet, two building, multiple tenant commercial complex named Celtic Crossing located on the west side of Crestone Avenue between County Road 42 (150'' Street) and 1515` Street. Celtic Crossing has multiple retail tenants (hair stylist, liquor store, used games, etc.), an eye clinic, a dentist, two restaurants, and some vacant tenant space. The owner is considering adding a restaurant into some of the vacant space. Addition of a food establishment would put the number of required parking spaces well over the parking provided. The development, originally approved as a PUD, calculated parking by estimating the amount of parking stalls needed if the entire development was filled with commercial tenants. The City Code allows the Board of Appeals and Adjustments to allow a reduced parking standard for shared parking in multiple tenant complexes. On November 23, the Board of Appeals and Adjustments granted an exception to Celtic Crossing to provide up to 261 seats of restaurant space which exceeds the ordinance parking requirements if calculated by individual use. To memorialize the modification, staff is recommending the City Council approval a PUD amendment. This will help track the parking agreement for new tenants and potentially future owners. NOVEMBER 23 BOARD OF APPEALS AND ADJUSTMENTS MEETING At their November 23 meeting, the Board of Appeals and Adjustments reviewed the request to allow joint use (shared parking) of the parking areas for Celtic Crossing. The Commissioners discussed the mix of tenants in Celtic Crossing and the status of the existing use of the parking area. Commissioner Powell stated that he was supportive of the joint use of parking to provide for additional restaurant space and he did not believe the existing parking demand ever completely filled the parking lot. The Board of Appeals and Adjustments approved an exception to the parking standards to allow for up to 261 restaurant seats with 26,000 square feet of retail or other combination of joint uses that does not raise the parking demand to parking provided above 120 %. BACKGROUND Celtic Crossings commercial complex has 33,343 square feet of leasable space with combined parking of 181 spaces. The 181 spaces would allow for 36,200 square feet of shopping center (retail) space, but certain commercial uses like restaurants require a larger number of parking spaces. A shopping center requires 5 parking spaces per 1,000 square feet. A restaurant requires 1 parking space per 3 seats. As is shown in the table above, restaurant uses require more than twice as much parking as an equal amount of retail space. Celtic Crossing does not have enough parking spaces to meet the parking requirement to establish the new restaurant when calculating each use separately. Section 11 -6 -1 E. of the Zoning Ordinance allows the Board of Appeals and Adjustments to grant an exemption to reduce the parking required for a parking area that is used by multiple businesses: 11 -6 -1 E. Joint Use Of Parking Areas: Two (2) or more buildings or uses may collectively provide off street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the individual uses computed separately. In the case of the joint use of off street parking spaces where operating hours do not overlap, the board of appeals and adjustments may grant an exception to allow the total parking required to be reduced below the sum total of the individual uses provided a copy of an agreement between joint users is filed with the application. Celtic Crossing, LLC had requested that the Board of Appeals and Adjustments grant an exception to the parking standard to potentially construct both phases of the new restaurant for a total of 183 seats. Staff was reluctant to recommend an exception of that magnitude. Rather staff had recommending recognition of shared parking for the entire Center, and allowing additional seats above what would be calculated for each separate use. However, staff had recommended something less than what was initially requested by the applicant. K Parldng Re uirement Establishment Leasable Seats As a Difference Space As Retail Restaurant Suzie's Kitchen 1,730 Sq Ft 54 Seats 9 Spaces 18 Spaces 9 Spaces Subway 2,100 Sq Ft 59 Seats 11 Spaces 20 Spaces 9 Spaces New Restaurant 2,480 Sq Ft 68 Seats 12 Spaces 23 Spaces 11 Spaces Phase 1 New Restaurant 1,310 Sq Ft 115 Seats 7 Spaces 38 Spaces 31 Spaces Phase 2 Total 7,620 Sq Ft 296 Seats 38 Spaces 99 Spaces 61 Spaces As is shown in the table above, restaurant uses require more than twice as much parking as an equal amount of retail space. Celtic Crossing does not have enough parking spaces to meet the parking requirement to establish the new restaurant when calculating each use separately. Section 11 -6 -1 E. of the Zoning Ordinance allows the Board of Appeals and Adjustments to grant an exemption to reduce the parking required for a parking area that is used by multiple businesses: 11 -6 -1 E. Joint Use Of Parking Areas: Two (2) or more buildings or uses may collectively provide off street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the individual uses computed separately. In the case of the joint use of off street parking spaces where operating hours do not overlap, the board of appeals and adjustments may grant an exception to allow the total parking required to be reduced below the sum total of the individual uses provided a copy of an agreement between joint users is filed with the application. Celtic Crossing, LLC had requested that the Board of Appeals and Adjustments grant an exception to the parking standard to potentially construct both phases of the new restaurant for a total of 183 seats. Staff was reluctant to recommend an exception of that magnitude. Rather staff had recommending recognition of shared parking for the entire Center, and allowing additional seats above what would be calculated for each separate use. However, staff had recommended something less than what was initially requested by the applicant. K Use Retail Restaurant Parking Parking percentage 26,000 Sq Ft Required Provided 120% All Retail 33,343 Sq None 167(167+0) 181 Spaces 92.2% = 130 Spaces) = 87 Spaces) Current Use 29,513 Sq (Suzie Ft 113 Seats 186 (148 + 38) 181 Spaces 102.8% Subway) New Restaurant 27,033 Sq 181 Seats 195 (135 + 60) 181 Spaces 107.7% Phase 1 Ft New Restaurant 25,723 Sq 296 Seats 228 (129 + 99) 181 Spaces 126.0% Phase 1 and 2 Ft Evaluating the three restaurants, staff concludes that they operate with different peak business times. Suzie's has a busy breakfast business with a lunch menu. Subway has a light breakfast business, a busy lunch, and a lighter dinner business. The intended new restaurant would not have a breakfast business, will have lunch, but is expected to be busiest during the dinner hour. Because of these different business models, staff was supportive of an exception to the parking requirement equal to 120% of the parking provided. This would allow for 26,000 square feet of retail space and restaurant seating for up to 261 seats total for all restaurant space within Celtic Crossing. Parking r Percentage PaAllowed Retail Space Restaurant Seats 26,000 Sq Ft 261 Seats 181 Spaces 120% 217 Spaces (26,000 * 5/1,000 (261 * 1/3 Seats = 130 Spaces) = 87 Spaces) When the new restaurant is up and operating, Celtic Crossing, LLC may re- evaluate the actual parking needed and request additional seats if ample parking continues to exist on -site. Without all three restaurants operating, staff is reluctant to recommend an exception greater than what would allow a total of 261 restaurant seats. RECOMMENDATION The Board of Appeals and Adjustments granted an exception to the parking standards for the Celtic Crossing commercial complex to allow up to 261 restaurant seats with 26,000 square feet of retail or other combination of joint uses that does not raise the parking demand to parking provided above 120 %. Staff recommends that the City Council approve the Minor Amendment to the Planned Unit Development Agreement to memorialize this exception. 3 #. WE rmg ,.�� r -� Nat, it AO L y 4- FV Ic nwngrI.P Vw HOW 'BAN Qmm M& Fill 191 COD s � � a►..i�T4 J .. - • , • D � ,- CL - - 0 Co CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010 - A RESOLUTION APPROVING A MINOR AMENDMENT TO THE CHIPPENDALE 142 PARTNERSHIP PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT APPROVING THE JOINT USE OF PARKING AREAS WHEREAS, the Community Development Department of the City of Rosemount received an application from Celtic Crossing, LLC requesting joint use (shared parking) of the parking areas to allow additional restaurant space at Celtic Crossing within the Chippendale /42 Partnership Planned Unit Development (PUD); and WHEREAS, Section 11 -6 -1 E. of the City Code allows the Board of Appeals and Adjustments to grant an exception to the parking standards to provide for the joint use of parking areas, and WHEREAS, on November 23, 2010, the Board of Appeals and Adjustment approved an exception to the parking standards to allow up to 261 seats of restaurant apace at Celtic Crossings, and WHEREAS, on December 7, 2010, the City Council of the City of Rosemount reviewed the Board of Appeals and Adjustments approval. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Minor Amendment to the Chippendale /42 Partnership Planned Unit Development Agreement to allow up to 261 restaurant seats with 26,000 square feet of retail or other combination of joint uses at Celtic Crossings that does not raise the parking demand to parking provided above 120 %. ADOPTED this 7h day of December, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk AMENDMENT TO THE CHIPPENDALE /42 PARTNERSHIP PLANNED UNIT DEVELOPMENT APPROVING JOINT USE OF THE PARKING AREAS THIS DECLARATION made this day of , 20_, by and between the Celtic Crossing, 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 as Lot 1, Block 1, McNamara Third Addition, Dakota County, Minnesota, (hereinafter referred to as the "Subject Property "); and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "Chippendale /42 Partnership Planned Unit Development Agreement" approved October 1St, 1996, (hereinafter referred to as the "Planned Unit Development Agreement "); and WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement as hereinafter provided, which amendment has been approved and consented to by the City of Rosemount, acting through its City Council, as evidenced by the duly authorized signatures of its officers affixed hereto. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to the Planned Unit Development Agreement except as modified herein. A. The parking standards for the joint use of the parking areas shall be as follows: 1) To allow up to 261 restaurant seats with 26,000 square feet of retail or other combination of joint uses at Celtic Crossings that does not raise the parking demand to parking provided above 120 %. 2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development Agreement shall remain in full force and effect. 3. The obligations and restrictions of this Amendment run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the 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 Celtic Crossings, LLC LOW STATE OF MINNESOTA ) ) ss. COUNTY OF ) Its Its The foregoing instrument was acknowledged before me this _ day of , 20, by and , the and for and on behalf of Celtic Crossings, LLC by and on behalf of said corporation. Notary Public 2 This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT LO-A William H. Droste, Mayor And by: Amy Domeier, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 20_, by William H. Droste and Amy Domeier, 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. THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145th Street West Rosemount, MN 55068 651- 423 -4411 3 Notary Public ml , � gum W.'.7 ;� 7 7 .'.COW,RETE APRON (SEE CJVlQ, �) or pis 9 us L 4111111111 IF AM I t L o [o ill I -_. ii DEVELOPML SU SITE AREA BUILDING A BUILDING B PARKING I GREENSPACE L -I CAMS11� fs1AoRPAY --EE i i i i i 1 I U �r � r =p4s N R r am CELTIC CROSSING RETAIL DEVELOPMENT PHASE 3 ROSEMOUNT, MINNESO -- y x >7-ti OZ x�y yOx $'xl yam' BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES NOVEMBER 23, 2010 PAGE 1 Call to Order: Pursuant to due call and notice thereof, a meeting of the Board of Appeals and Adjustments was held on Tuesday, November 23, 2010. Chairperson Ege was absent. Vice Chair Irving called the meeting to order at 7:38p.m. with Commissioners Kolodziejski, Demuth, and Powell present. Also in attendance were City Administrator Johnson, Community Development Director Lindquist, Planner Lindahl, Senior Planner Zweber, Project Engineer Olson and Recording Secretary Hanson. Additions to Agenda: None. Audience Input: None. Consent Agenda: None. Public Hearings: None. Old Business: None. New Business: a. Request by Celtic Crossing LLC for Joint Use Celtic Crossing, LLC owns the 33,343 square feet, tw complex named Celtic Crossing located on the wes Road 42 (1506i Street) and 151st Street. Celtic Cr store, used games, etc.), an eye clinic, a dentist, two owner is considering adding a restaurant into some of establishment would put the number o ed parking s well over the parking provided. The development, originally approved a calculated g by estimating the amount o parking stalls needed for all commercial to e City allows the Board of Appe and Adjustments to allow a reduced parkin ndar ed p in multiple tenant complexes. Staff is reco that Boa f A 'us ents allow Celtic Crossir to provide up to 261 sea t space over the g standards if calculated l individual use. Mr. Z stated erefore ff is recommending shared parking on the s: to permit multiple ant users. Commissioner Irving as the eye have di o case JAMe basis groulbe an issue for the other tenants such d stated that the other uses in the complex provision allows the Board of Appeals to look at areas on a bs are concerned. sewer fees they pay. to ensure that the ny The Applicant was present but did not provide comment. Commissioner Powell stated he felt this was an excellent way to utilize underused parking and agreed with staffs appraisal that the parking lot is rarely full. He further stated that this will allow flexibility for the applicant now that can be reexamined in the future for possible adjustment. BOARD OF APPEALS AND ADJUSTMENTS MEETING MINUTES NOVEMBER 23, 2010 PAGE 2 MOTION by Powell to Allow the Joint Use of the Celtic Crossing Parking Lot for Up to 261 Seats of Restaurant Space Along with 26,000 Square Feet of Retail or Any Other Combination of Joint Uses that Does Not Raise the Parking Demand to Parking Provided above 120 %. Second by Irvin. Ayes: 4. Nays: None. Motion approved. Mr. Zweber stated this is a provision that allows the Board of Appeals to make the final decision and no City Council approval is needed. The Applicant can now mov obtaining the building permit. Reports: None. Adjournment: There being no further business to co ore this Co n, Commissioner Irving made a motion to adjourn. Upon unanimous on, the meeting was urned at 7:51 p.m. Recording Secretary