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HomeMy WebLinkAbout9.a. Request by Kraus Anderson for a Planned Unit Development Master Development Plan, Rezoning and Final Site and Building Plan; Preliminary and Final Plat to construct a 17,027 square foot Professional Office Building named South Robert CommonsAGENDA ITEM: Case 09- 03- PUD -RZ; 09 -04 -FDP; 09-05 PP; 09- 06 -FP; Request by Kraus Anderson for a Planned Unit Development Master Development Plan, Rezoning, and Final Site and Building Plan; Preliminary and Final Plat to construct a 17,027 square foot Professional Office Building named South Robert Commons. AGENDA SECTION: New Business PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. q 01- ATTACHMENTS: Site Map; Resolutions; Planned Unit Development Agreement; Finn Daniels Narrative; Title Sheet; Site Plan; Photometric Plan; Landscape Plan; Floor Plan; Exterior Elevations; Existing Conditions /Preliminary Plat; Grading Plan; Utility Plan; Final Plat; City Engineer's Memorandum (03/17/2009); Fire Marshal's Memorandum (02/18/2009). APPROVED BY: OW RECOMMENDED ACTION: Staff recommends that the City Council approve the South Robert Commons development requested by Kraus Anderson Realty Company by making the following three motions. 1. Motion to adopt a Resolution approving the Preliminary Plat and Final Plat for South Robert Commons. 2. Motion to adopt a Resolution approving the Planned Unit Development Master Development Plan with Rezoning and the Planned Unit Development Final Site and Building Plan for South Robert Commons. 3. Motion to approve the Planned Unit Development agreement for South Robert Commons (Phase 1) and authorize the Mayor and City Clerk to enter into the Agreement. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: March 18, 2009 EXECUTIVE SUMMARY ISSUE Kraus Anderson is proposing to build a 17,027 square foot professional office building named South Robert Commons on the southwest corner of Lower 147 Street and South Robert Trail. The building is designed to accommodate multiple tenants with four separate lease spaces, the smallest being approximately 2,900 square feet and the largest being approximately 5,000 square feet. The building abuts South Robert Trail with a parking lot between the building and the homes to the west. Yard Structure Parking /Driveway Front Yard 0 Feet 0 Feet Side Yard 0 Feet 0 Feet Rear Yard 10 Feet 10 Feet The parking lot will be accessed via Lower 147 Street to the north and a right in -right out access onto South Robert Trail to the east. The developer illustrates plans for the future phase 2 development on the southern parcel. As part of the project approvals requested, the applicant is proposing to preliminary and final plat the three existing parcels, creating two new lots. The City's Port Authority will retain ownership of the phase 2 parcel although the applicant has an option on the property. The City has also been working with MnDOT over the last year in order to get portions of the Hwy 3 right -of -way vacated to facilitate the project as proposed. The City received the right -of -way abutting the most northern property and applications for the vacations are in to MnDOT for the remaining two properties. BACKGROUND The City acquired the former Genz Ryan site in 2006 after the business moved to Burnsville. The site is approximately 2.12 acres in size with approximately 150 feet of frontage along Lower 147 Street and approximately 750 feet of frontage along South Robert Trail. The use of the site by Genz Ryan included three warehouse and office buildings along the back property line with parking located between the buildings and along South Robert Trail. In 2004, the City adopted the Development Framework for Downtown Rosemount (Framework) that depicted proposed redevelopment and reinvestment in Downtown Rosemount, including the redevelopment of the Genz Ryan site into office commercial space. Since that time, the Port Authority has been marketing the property for redevelopment and in 2008 entered into a purchase agreement with Kraus Anderson. The purchase agreement splits the site into two parcels, each being roughly half of the site. Kraus Anderson has committed to buying the northern of the two sites and developing it into a 17,027 square foot professional office building while maintaining a purchase option on the second (southern) parcel for a possible second professional office building. Kraus Anderson is required to demolish all the buildings located on the former Genz Ryan site per the purchase agreement. The site is located directly east of a series of single family residences that front onto Cambrian Avenue, is north of the Master Transmission building and the Rosemount Crossings retail complex, is west of the Fluegel's complex, and south of the Marathon Gas Station. The site is also located southwest of Core Block East including the Waterford Commons building that is currently under construction. Surrounding Land Uses: Existing Zoning District: Proposed Zoning District: Required Setbacks: North: Gas Station and other Commercial East Fluegel's and other Commercial South: Master Transmission and Rosemount Crossings West Single Family Residential C -2: Downtown Commercial and Traditional Downtown Overlay C -2 PUD: Downtown Commercial Planned Unit Development 2 Fronta a Structure Par I /Driveway Front Yard 0 Feet 0 Feet Side Yard 6 Feet 6 Feet Rear Yard =80 Feet 9.19 Feet Pro osed Setbacks: Maximum Height: Proposed Height Minimum Lot Size: Proposed Lot Sizes: 35 Feet 20 Feet None Lot 1: 1.16 Acres Lot 2: 1.15 Acres SUMMARY Site Layout The building is located on the northeast corner of the site, nearest the intersection of South Robert Trail and Lower 147 Street, with the parking located behind the building. This is the opposite of the current Genz Ryan site which has the building located to the rear of the lot and parking up front along the street. Placement of the building along the street frontage is encouraged in the Framework to make the Downtown more urban and walkable than the typical suburban development. To accommodate this design, the City has requested that the Minnesota Department of Transportation MnDOT) release excess right -of -way on South Robert Trail. Currently, MnDOT has approximately 75 feet of half right -of -way adjacent to the site, but they have agreed to reduce that to 50 feet and release approximately 25 feet (actually 23.23 feet) for development. The placement of the building is within the additional 23.23 feet and located directly adjacent to the 50 feet of half right -of -way. The City has obtained the right -of -way associated with the northern lot and has applied for vacation of the right -of -way associated with the two southern lots, after an extensive process to clear the property titles. Access Two accesses to the site are provided, a full access onto Lower 147 Street on the west half of the parcel and a right-in/right- out access onto South Robert Trail on the southern boundary of Lot 1. These two accesses will be shared with Lot 2 upon its development. A third access will remain in its current location at the south end of the property; currently shared by proposed Lot 2 and the Master Transmission property. The right -in /right -out access onto South Robert Trail is being designed by the City's engineering consultant, WSB, and being reviewed by MnDOT's traffic division. The MnDOT approved plans will need to be incorporated into the final plans for this development. A cross access easement will need to be recorded to allow the two created parcels to share access. The developer proposed access easement only covers the right -in /right -out access, but staff requests that the access easement run through the western access lane that runs parallel with the building as well to provide joint access to all three accesses. There is a condition of approval that will require the creation of this expanded cross access easement. Parking Kraus Anderson proposes 83 parking stalls, the one stall less that the amount required by the Ordinance for commercial development within the C4 General Commercial zoning district. The 3 C2 Downtown Commercial district does not have a minimum parking requirement because the Downtown is meant to share parking between developments and incorporates on -street parking where applicable. The parking is provided on the west side of the parcel, between the building and the residences to the west including a 10 foot setback (9.8 feet for the southern 56 feet of the lot), and south of the building, between the building and the eastern right in -right access. It appears likely that there will be a reduction of one parking stall in the southeast corner of the site to accommodate the right turn lane into the site, reducing the total parking stalls to 82. This change is to permit safer access into the site. No variance is required for this change because of the flexible parking standards in the downtown zoning district. Pedestrian Circulation There are existing sidewalks along the Lower 147 Street and South Robert Trail frontage, but portions of them will be replaced to accommodate the construction of the site access and turn lane. The applicant proposes six foot wide sidewalks along the west and south sides of the building and leading to all the entrances of the building. The sidewalks provide pedestrian access around the entire building. Building Design and Materials The building is roughly rectangular in shape with the short facades facing north and south and the long facades facings east and west. The interior of the building is broken into four lease spaces. With this interior design, there are columns designed into each of four lease units of the east and west facade, while there is only one column designed for each of the north and south facade because these facades are only one lease unit wide. The columns are thrust outward from the building elevation to provided depth and are constructed two feet taller than the other parts of the facade to provide vertical variation. The columns generally highlight the entrance but also provide architectural interest. The entrance columns have a doorway recessed 1 foot 8 inches into columns to provide both a lighted vestibule for the entry and provide an architectural contrast. The columns without entrances (one on the east facade and the one on the north facade) have a similar vertical composition as the entry columns but contain windows in place of the recessed doorways. This design results in two entrances to each lease space, including four entries in the west facade, three entries in the east facade, one entry in the south facade, and no entry in the north facade. The north lease unit and the middle two lease units have entries to both the east and the west, while the southern lease unit has an entry to the west and an entry to the south. The south entry is preferred in the southern unit over the eastern facade because of the parking lot located south of the building. A sidewalk runs along all four sides of the building to provide pedestrian access to all eight entrances. There is one additional door located within the second column from the north on the eastern facade. This second doorway serves as an access to the utility room, but is a glass door of an identical design as the other doors. This door may be glazed or shaded in some other manner to hide the utility equipment within the room. City staff will need to approve the glazing to ensure that it does not contrast significantly from the other pedestrian doors. The building materials are approximately 50% brick, 30% windows and doors, 20% stone, and 10% EIFS, as well as a small amount of glazed metal panels used in roof tuck pointing and treatment over the windows. The Downtown zoning district requires 100% brick other than the doors and windows and limits the uses of EIFS only to architectural accents. Staff recommends a waiver from 4 Plants Required Provided Trees 23 15 Foundation Plantings 67 261 this requirement because staff believes that the building design and materials meets the intent of the Ordinance requirement even though the building does not meet the strict interpretation of the Ordinance. Staff supports the use of 20% stone because it is of similar value and durability as brick, provides complementary texture and color to the brick facade, and enhances the architectural interest in the building. Staff is also supportive of the minor amount of EIFS because it serves an architectural purpose. EIFS is used in two locations, on the capitals over the roof parapets and in top five feet of the second and fourth sections of the east and west facades. The use of the EIFS on the second and fourth sections provides some architectural contrast that breaks the mass of the long facades of the building into three parts providing the suggestion that it is three separate buildings instead of one long building. The applicant had previously submitted a building elevation which had significantly more EIFS and less architectural embellishment. There had been concern expressed that the narrow lot made it difficult to provide horizontal variation in the 250 foot wall facade and therefore visual interest would need to be created through the use of varied materials, variation in height, and a modification to the building design. All four elevations are shown in the black and white exterior elevations, while the color elevation illustrates the western facade. This color elevation is used to illustrate the complementary colors used in the different building materials The same color pattern will be used on the other facades of the building. Landscaping and Tree Preservation The landscape plan shows foundation plantings around all four sides of the building and trees are planted on the south and west sides of the site within the parking lot and along the property boundary. Additionally, arborvitaes are planted along the western property line to provide a hedge effect to the western residential neighbors upon maturity of the plants. Trees cannot be planted on the north side of the lot due to the placement of the building and trees cannot be planted on the east side of the building because trees are not allowed within a MnDOT right -of -way. There is a deficiency of eight trees from the ordinance requirement. Staff is supportive of waiving the requirement of the final eight trees. The Planned Unit Development provides the ability to waive certain requirements. Staff believes the fact that trees cannot be planted within the MnDOT right -of -way is sufficient reason to waive the additional eight trees and that the additional foundation plants more than three times beyond what is required. Mechanical Equipment and Trash Enclosure The mechanical equipment (aside from an electrical transformer) will be installed on the roof top. The roof top mechanical equipment will be screened from view by the parapets of the building design. The electrical transformer and the trash enclosure will be located along the western side of the parking lot between the two phases and will be landscaped to buffer its appearance, particularly from the residences to the west. The trash enclosure will be setback 10 feet from the western property line and constructed of brick similar to that used on the principal building. The trash enclosure is designed to be large enough to serve both phases of development and will be located on the southern parcel that is currently owned by the City. 5 Signs The signage for this development is proposed to be exclusively wall signage; no ground or monument signs are proposed. The signage is proposed over each lease space, four each on the east and west facades, and one each on the north and south facades. The total tenant signage is not to exceed 15% of the total wall face, per the Ordinance. The City is currently revising its Sign Ordinance and the signs on the west facade of the building would not be allowed by the proposed Ordinance because it does not abut a collector or arterial street and it faces a residential district. The intent of this Ordinance provision was to prohibit commercial buildings along County Road 42 from signing the backs of their building that may face residents. This intention does not work within the Downtown because the City is encouraging the building to front onto the street with parking located behind the building. With customers approaching the buildings from the back, signs would be needed on the back sides of the building to identify the separate businesses. Staff is recommending that locations of the signs be approved as proposed. To limit the impacts that the signs would have on the properties to the west, staff proposes that the signs be limited in the time that they are illuminated and require that the signs be turned off between 9 P.M. and 6 A.M. Lighting The lighting design provides four light poles (with two fixtures on each) along the western property line and two light poles (also with two fixtures each) in the parking lot south of the building. The western light fixtures are a cobra style light fixture that is typical of a parking lot with directional shields to prevent the light from spreading onto the residential properties to the west. The southern light fixtures an acorn style similar to the street lights along South Robert Trail and 145 Street. The acorn fixture will require a waiver from the City Code requiring that lighting be design to cast their light downwards and that the light source (i.e. the bulb) is not visible from the street. These acorn style lights have been used as the parking fixture of the Waterford Commons project as well. The building lighting is provided by lighting within the recessed doorways and "wall pack" style lighting on the facades. The wall packs are basically rectangular metal boxes that shield the bulbs and reflect the light downwards. There is no architectural interest in wall pack style lights and staff believes that they are not compatible with Downtown Design Guidelines. Staff has recommended a conditional of approval that the wall pack lights be replaced with a staff approved architectural light fixture. Staff recommends the parking lot lights be programmed to turn off at 9 P.M. The wall lights should be evaluated to determine what lights would need to remain on for security purposes and to discourage vandalism. Utilities The proposed utility plans shows that the major public utilities (sanitary sewer, storm sewer, and municipal water) connect into the utilities within Lower 147 Street and run through phase 1 to serve phase 2 to the south. The roof drains from the building are proposed to run directly into the storm sewer within South Robert Trail (MnDOT right -of -way). There is a 12 inch City trunk water main running in front of the eastern facade that will require the 6 footing on that facade to be constructed deeper than normal to allow for future maintenance of the trunk line. Also, the water main for the phase 1 will need to be designed to provide adequate fire flow to the fire hydrant at the end of the line. The former Genz Ryan buildings are provided with sanitary sewer through a clay pipe running approximately along the western property line. A number of the homes to the west used to get their sewer service from this clay line as well, but all the homes now are served by sewer line that was installed within Cambrian Avenue when the street was reconstructed. This clay sewer line is at the end of it useful life and staff will not allow for the Kraus Anderson building to use this line for their service, requiring the construction of the new 8" line steel sewer line within the western drive aisle. This sewer replacement is expected in a developed area such as Downtown and as such, staff can support that developer be credited $10,000 towards the cost of the new sewer line from the City's sewer fund. $10,000 will not cover the entire cost bore by the developer to install the new sewer line, but there are additional costs incurred such as the extensions for the fire hydrants and the cutting into the street that the developer would have bore anyways and some saving that the developer would have due to short service lines need. Staff believes $10,000 is a reasonable amount of a credit due to installing a new sewer line to a property that would have otherwise had sewer already provided to it Additionally, the developer will be credited for the amount sewer availability charges (SAC) units that the current Genz Ryan building uses. SACs are charged to new building to pay for the impact that the building has on the overall sewer system. SAC credits have be traditionally been given to redevelopment sites because the impact on the overall system is only the increase intensity of the building compared to the previous development, not the total impact from the new building. The City and the Metropolitan Council gave similar credits to the Waterford Commons project for the development that was previously on that site. Staff estimates that there are 5 existing SAC units on the existing Genz Ryan site, but the Metropolitan Council makes the final determination on that numbers. Staff has provided a condition of approval that Kraus Anderson will receive SAC unit credits in the amount of the existing Genz Ryan building as determined by the Metropolitan Council. Preliminary Plat and Final Plat The Genz Ryan site currently is three separate lots running north to south. The proposed Preliminary Plat and Final Plat combines the three lots and divides them into two lots, Lot 1 to the north that Kraus Anderson will develop and Lot 2 to the south that the City will own but Kraus Anderson has an option upon. In addition, MnDOT is releasing 23.23 feet of right -of -way on the northern portion of the three existing lots that will be incorporated into Lot 1. A similar right -of- way is expected to be released for the southern two of the existing lots, but that right -of -way release is not required for the development of Lot 1. The Preliminary Plat shows the required drainage and utility easements, but only shows an access easement at the right in -right out access. The Preliminary Plat needs to be modified to include the full access easement to provide joint access to both lots for all three accesses. The Final Plat shows that appropriate area for the drainage and utility easement, but it lacks the proper label to indicate that it is a drainage and utility easement. This label needs to be placed on the Final Plat. Park Dedication The park dedication requirement for the entire final plat would be 0.264 acres (10% of 2.64 acres). 7 The City would not expect land dedication in this area and would anticipate the payment of a fee in lieu of land dedication. The fee in lieu of park dedication for the entire plat would be $23,760. Kraus Anderson is only purchasing Lot 1 of the plat at this time and therefore the City would look to collect only for the .116 acres of dedication for Lot 1 (10% of 1.16 acres). The fee in lieu of park dedication would equate to $10,440 (0.116 acres times $90,000 per acre). The remaining park dedication would be deferred until the development of Lot 2. RECOMMENDATION Staff recommends approval of the PUD Master Development Plan, Rezoning, and Final Site and Building Plan, and Preliminary Plat and Final Plat for Kraus Anderson with the conditions included within the Resolutions. 8 Copyright 2009, Dakota County Map Date: February 13, 2009 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009- A RESOLUTION APPROVING THE PRELIMINARY PLAT AND FINAL PLAT FOR SOUTH ROBERT COMMONS WHEREAS, the City of Rosemount received a request for Preliminary Plat and Final Plat approval from Kraus- Anderson Realty Co. concerning property legally described as: Lot 1, Block 1, Evenson First Addition; and Lot 2, Block 1, Evenson First Addition; all in Dakota County, Minnesota. That part of Lot 14, Auditor's Subdivision No. 27, Rosemount, Dakota County, Minnesota, described as follows: Commencing at a point on the East line of the Southeast Quarter (SW1 /4) of Section 29, Township 115, Range 19, said point being 956.5 feet south of the Northeast corner of said Southwest Quarter (SW1 /4), which point is also on the South line of Maple Street as opened by the Village of Rosemount; thence West, parallel to the North line of said Southwest Quarter (SW1 /4), 200 feet; thence South 290 feet; thence East 200 feet to the East line of said Southwest Quarter (SW1 /4); thence North, along said East line, 290 feet to the point of beginning. WHEREAS, on February 24, 2009, the Planning Commission of the City of Rosemount held a public hearing and reviewed the Preliminary Plat and Final Plat for South Robert Commons; and WHEREAS, on February 26, 2009, the Planning Commission recommended approval of the Preliminary Plat and Final Plat; and WHEREAS, on March 18, 2009, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Preliminary Plat and Final Plat for South Robert Commons, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum dated March 13, 2009. 2. A cross access easement shall be recorded across the all of the drive aisles of Lot 1 and Lot 2 to provide joint access to both lots to all three accesses. 3. The drainage and utility easement shall be labeled on the Final Plat. 4. The payment of $10,440 in fee in lieu of park dedication. ADOPTED this 18th day of March, 2009, by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor RESOLUTION 2009 Motion by: Second by: Voted in favor: Voted against Member absent 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2009- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT MASTER DEVELOPMENT PLAN WITH REZONING AND PLANNED UNIT DEVELOPMENT FINAL SITE AND BUILDING PLAN FOR SOUTH ROBERT COMMONS WHEREAS, the Community Development Department of the City of Rosemount received an application from Kraus- Anderson Realty Co. requesting a planned unit development master development plan with rezoning and planned unit development final site and building plan concerning property legally described as: Lot 1, Block 1, Evenson First Addition; and Lot 2, Block 1, Evenson First Addition; all in Dakota County, Minnesota. That part of Lot 14, Auditor's Subdivision No. 27, Rosemount, Dakota County, Minnesota, described as follows: Commencing at a point on the East line of the Southeast Quarter (SW1 /4) of Section 29, Township 115, Range 19, said point being 956.5 feet south of the Northeast corner of said Southwest Quarter (SW1 /4), which point is also on the South line of Maple Street as opened by the Village of Rosemount; thence West, parallel to the North line of said Southwest Quarter (SW1 /4), 200 feet; thence South 290 feet; thence East 200 feet to the East line of said Southwest Quarter (SW1 /4); thence North, along said East line, 290 feet to the point of beginning. WHEREAS, on February 24, 2009, the Planning Commission of the City of Rosemount held a public hearing and reviewed the requested application; and WHEREAS, on February 24, 2009, the Planning Commission recommended approval of the requested applications, subject to conditions; and WHEREAS, on March 18, 2009, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the planned unit development master development plan and planned unit development final site and building plan of South Robert Commons and the rezoning of the property from C2 Downtown Commercial to C2 PUD Downtown Commercial Planned Unit Development, subject to: 1. Compliance with the City Engineer's Memorandum dated March 13, 2009. 2. Compliance with the Fire Marshal's Memorandum dated February 19, 2009. 3. Incorporate the MnDOT approved right in- right out access design into the final plans. i 4. Signs shall be allowed on the four sides of the building as showed in the building elevations. Signs on the west fac shall be required to be turned off from 9 P.M. to 6 A.M. to limit the disturbance to the residents in the west. 5. The type `B" light fixtures installed on the building facades shall be replaced with a light fixture approved by City staff that is compatible with the Downtown. 6. The parking lot lights shall be programmed to turn off at 9 pm. 7. Any glazing or shading of the utility door shall be submitted for staff review and approval. 8. Kraus Anderson will receive the sewer availability charge (SAC) unit credits from the existing Genz Ryan site. The SAC units of the Genz Ryan site will be determined by the Metropolitan Council. 9. Kraus Anderson will receive reimbursement of $10,000 from the City's sewer fund for the construction of the sewer line due to need to abandon the existing clay sewer line serving the Genz Ryan properties. 10. Kraus Anderson will enter into an agreement with the City to transfer to the vacated right -of -way from South Robert Trail. ADOPTED this 18th day of March, 2009 by the City Council of the City of Rosemount. ATTEST: Amy Domeier, City Clerk William H. Droste, Mayor RESOLUTION 2009 Motion by: Second by: Voted in favor: Voted against: Member absent: 2 and DECLARATION OF COVENANTS AND RESTRICTIONS SOUTH ROBERTS COMMONS (PHASE 1) PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this day of 2009, by Kraus Anderson,Inc., a Minnesota Corporation, (hereinafter referred to as the "Declarant WHEREAS, Declarant is the owner of the real property as described as Lot 1, Block 1 of South Robert Cormons, Dakota County, Minnesota (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 planned unit development for approximately 17,000 square feet of commercial space 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; 1 WHEREAS, as a condition of approval of the planned unit development, the City has required the execution and fling 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, the 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. 2009 -xx, Attachment One b. Final Plat, Attachment Two c. Concept Site Plan Revised 03/12/2009, Attachment Three d. Photometrics Plan Revised 03/12/2009, Attachment Four e. Landscape Plan Revised 03/12/2009, Attachment Five f. Floor Plan Revised 03/12/2009, Attachment Six g. Exterior Elevations Revised 03/12/2009, Attachment Seven h. Existing Conditions/Preliminary Plat Revised 03/12/2009, Attachment Eight i. Grading Plan Revised 03/12/2009, Attachment Nine j. Utility Plan Revised 03/12/2009, Attachment Ten k. Color Elevation Revised 03/12/2009, Attachment Eleven all of which attachments are copies of original documents on file with the City and are made a part hereof. 2 2. The Subject Property may only be developed and used in accordance with Paragraphs 1 of this Declaration 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. 3. In connection with the approval of development of the Subject Property, the following deviations from City Zoning or Subdivision Code provisions were approved: a. Section 11 11 F. 2. Buffer Yard: The rear buffer yard between the parking lot and the residential properties to the west shall 9.19 feet for the southern 56 feet of the subject property. b. Section 11 4 11 G. 1. Building Design Standards: The amount of brick and stone used for the exterior material shall be at least equal to the amount shown in the Exterior Elevations (Attachment Seven). c. Section 11 4 11 G. 3. b. and c. Exterior Lighting Standards: The exterior lighting fixtures within the south portion of the parking lot shall be similar to the green "acorn" style street lighting along South Robert Trail in downtown Rosemount. d. Section 11 6 3 B. Minimum Number of Plantings: 15 overstory trees are provided within the development. It is unsuitable for the applicant to provide the 23 tree required by the City Code due to the large boulevard in the South Robert Trail right -of -way and the applicant has compensated by install addition foundation planting beyond that require by the City Code. In all other respects the use and development of the Subject Property shall conform to the requirements of the Paragraphs 1 of this Declaration and the City Code of Ordinances. 3 conditions: 4. Conditions of Plat Approval. The City has approved the plat on the following a. Incorporation of recommendations of the City Engineer concerning design and installation of grading, erosion control, streets, utilities, and other improvements as included in the construction plans submitted for review. In addition, a building permit shall not be issued until the City Engineer's recommendations have been incorporated into the final construction plan set. b. Payment of all applicable fees as identified in this Declaration, and any other applicable fees identified in the current fee schedule. 5. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Declaration and the breach has not been remedied. Development of subsequent phases may not proceed until agreements for such phases are approved by the City. 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the "Developer Improvements a. Street Lights b. Setting of Lot and Block Monuments c. Surveying and Staking of work required to be performed by the Developer. d. Gas, Electric, Telephone, and Cable Lines e. Site Grading f. Landscaping 4 I Cost 1 110% Grading Erosion Control $25,000.00 $27,500.00 Work within Right of Way $25,000.00 $27,500.00 Street Lighting (2 lights) $8,000.00 $8,800.00 Landscaping $3,750.00 $4,125.00 Total $61,750.00 $67,925.00 g. Other items as necessary to complete the development as stipulated herein or in other agreements, including any and all permits and associated permit fees. The City will assist the Developer with preparation of the application and coordination for the required Mn/DOT permit for work within Mn/DOT right -of -way; required permit fees and/or securities are the responsibility of the Developer. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 which will serve Phase I of the subject property by June 30, 2010. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 8. Security for Developer Improvements. To guarantee compliance with the terms of this Declaration, payment of the costs of all Developer Improvements, and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a bond, cash escrow or irrevocable letter of credit from a bank "security in the amount of Sixty Seven Thousand Nine Hundred and Twenty Five Dollars ($67,925), which is 110% of the estimated cost of the Developer Improvements. The amount of the security was calculated as follows: The bank and form of the letter of credit or issuer of other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City 5 releases the developer from responsibility. The letter of credit shall secure compliance with the terms of this Declaration and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Declaration. In the event of a default under this Declaration by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Declaration. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and developer- installed improvements completed to the City's requirements. 9. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 10. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements. 6 11. Erosion Control. a. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. The type of seed used shall be rye grass or other fast growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible, except as otherwise provided in the erosion control plan. All seeded areas shall be mulched and disc anchored as necessary for seed retention. b. All basement and/or foundation excavation spoil piles shall be kept completely off City right -of -way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City- approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot opening will be allowed on each lot for construction deliveries. c. The parties recognize that time is critical in controlling erosion. If development does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) 7 days, the City may draw down the letter of credit to pay any costs. No development will be allowed, and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. 12. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13. The Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 13. Responsibility for Costs. a. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. b. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Declaration within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but 8 not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 per year. 14. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of, execution of any plat by the City: a. Park dedication fees in the amount of 10,440.00 b. Geographic Information System (GIS) fees in the amount of 276.00 Or other amounts for such fees as in effect at the time of plat approval. 15. The City shall reimburse the Developer $10,000 from the City's sewer fund towards the cost of the construction of the Phase 1 sanitary sewer line. This reimbursement is a result of the need to abandon the existing clay sewer line on the western property line and the expectation that sewer would be available for Lots 1 and 2, Block 1 of South Robert Commons. There will not be a similar reimbursement for the Phase 2 development because the construction of planned sewer line in Phase 1 will provide sewer service for Lot 2, Block 1 of South Robert Commons. 16. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits for each phase. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of this declaration are: a. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,000). b. Storm Sewer Connection Charges per acre for commercial/industrial properties (currently rate is $2,200 /acre). 9 c. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit). d. Water Availability Charges per size of water meter as specified on final construction plans. The developer shall be credited SACs equivalent to that of the existing Genz Ryan site. The Metropolitan Council Environmental Services will determine the amount of SACs used by the existing Genz Ryan site and that number of credits will be used to reduce the charges in paragraphs 16. a. and 16.c.. 17. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City's Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 18. 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. 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. 10 STATE OF MINNESOTA ss. COUNTY OF THIS INSTRUMENT WAS DRAFTED BY: CITY OF ROSEMOUNT 2875 145 STREET WEST ROSEMOUNT, MN 55068 651- 423 -4411 DECLARANT Kraus Anderson, Inc. By Bruce Engelsma Its President The foregoing instrument was acknowledged before me this day of 2009, by the for and on behalf of Kraus Anderson, Inc., a Minnesota Corporation, by and on behalf of said company. 11 Notary Public February 4, 2009 March 12, 2009 (revised) PLANNED UNIT DEVELOPMENT/ PRELIMINARY FINAL PLAT South Robert Trail Lower 147 Street for Kraus Anderson Realty Company f itiri dar'els AR CH 1 T E C T S 2145 Ford Parkway, Suite 301 Saint Paul, Minnesota 55116 Tel: 651.690.5525 Fax: 651.690.5545 www.finn- daniels.com Background The applications pertain to the re- development of the former Genz -Ryan site in downtown Rosemount now owned by the Rosemount Port Authority. The entire site is comprised of three parcels, with the previous /current addresses of 14745, 14755, and 14785 South Robert Trail in Rosemount. The site is bounded by South Robert Trail to the east, Lower 147 Street to the north, existing commercial development to the south, and residential homes to the east. The total land area is approximately 114,998 square feet, or 2.64 acres. Current Zoning The re- development site is currently zoned C -2. The proposed PUD addresses the requirements of the City of Rosemount Zoning code along with the development requirements of Kraus Anderson Realty and the proposed anchor tenant of the Phase 1 development HealthEast. Proiect Description The three existing parcels are proposed to be re- platted into two development lots which include a portion of an existing MNDot right -of -way along South Robert Trail being released. The shared lot line between Lots 1 and 2 is located to allow a shared right -in /right -out access onto South Robert Trail aligning with an existing curb cut access point directly across on the east side of South Robert Trail. The re- platting will include the necessary easements for drainage and utility services, along with the appropriate cross access easements for circulation between the properties. There is an existing full access point onto South Robert Trail at the south end of the site (Lot 2) that is shared with the existing commercial development to the south. In addition, a new /relocated curb cut/access is proposed for the north end of the site (Lot 1) onto Lower 147 Street. Phase 1 anticipates construction of an approximately 17,027 square foot single story professional office building with HealthEast as the anchor tenant at the south end of the building. In addition to HealthEast the building is set up to receive three (3) additional tenants. Tenant suite entries have been positioned to allow easy access from the parking areas, along with additional entries along the South Robert Trail street frontage. The exterior materials of the building are a combination of materials, with the predominant materials being brick and stone. Other accent materials used will include architectural composite metal panels, EIFS, and aluminum window frames with tinted glass. PUD flexibility is requested for use of materials other that brick in the C -2 Zoning District due to the four sided nature of the building dictated by its position on site. Phase 2 is proposed to be approximately 13,400 square feet in a single story building containing professional office uses. The building design will be similar to the proposed Phase 1 building, with multiple tenant suite entries. Parking Parking for both phases will be off street and designed per the City of Rosemount Zoning Code. While the zoning code exempts uses in the C -2 Zoning District from required number of stalls based on use of building, parking stall and drive lane design dictated by the zoning code are met. Parking for both the Phasel and Phase 2 sites meet an approximately 5 cars per 1,000 gsf ratio. Total parking proposed for the Phase 1 site is 83 stalls. A shared access drive lane along the new property line dividing Lots 1 and 2 will be constructed as part of the Phase 1 plan along with access to the proposed shared trash enclosure which will be located on the Phase 2 site. Once Phase 2 is constructed, the total site will have access to all three access points onto the adjoining streets. Site Landscape Design A rhythmic pattern of trees, shrubs, and perennials reflect and support the architectural vernacular and subtly grounds the building. The formulas required by the Zoning code regarding tree and shrub quantities are indicated on the landscape plan. Due to the tight site constraints and the inability to plan trees within the MNDot right -of -way along South Robert Trail, the required quantity of trees on site can not be met, and PUD flexibility is requested due to this. While the required number of trees for Phase 1 is 23, only 15 are indicated on the Landscape Plan. The required number of shrubs is 67, but with the foundation plantings along all sides of the proposed building and additional screening along the existing fence line adjacent to the residential to the west, we have provided 261 shrubs this we believe makes up for the tree shortage. The Phase 2 site will be rough graded and seeded until such time as development occurs on that site. All landscape areas, including those within the parking islands will be provided with an underground irrigation system with either pop -up heads or a drip system. Protect Signage All project signage shall comply with the City of Rosemount Zoning code. Illuminated wall signage for each tenant as indicated on the exterior elevations is proposed meeting the Zoning code requirement of a maximum 15% of the total area of the wall on which the signs are affixed. A comprehensive sign plan will be submitted to the City to ensure all signs for this project have complementary designs, shapes, and sizes prior to any sign permit being issued. Site Lighting The site and building will be illuminated from a combination of light fixtures mounted on the building face and pole lights in the general site area. Building lighting will utilize both wall sconce fixtures and recessed lights at the tenant entry canopies, which will illuminate both the building and the sidewalk areas adjacent to the building. Site lighting will be accomplished by pole lights not exceeding the 20' height limitation indicated in the Zoning code, along with the light level not exceeding the maximum lumens at the property lines. The pole lights located along the western parking lot edge adjacent to the residential properties shall be provided with an external house side shield that will bring the lumen level at the property line to below the required 0.5fc. In addition, we have provided that the two light poles closest to South Robert Trail will be the same as those along the South Robert Trail streetscape. Site Civil and Utilities Each phase will be served by separate water, sanitary, and storm sewer service, along with individual lines for roof drainage. The site is graded to allow storm water runoff from the impervious surfaces to flow into stormwater catch basins on site which are tied together and routed /tied into the existing storm sewer in the public streets. Water and sanitary services shall be brought to the building sized to accommodate the intended uses and meeting any code requirements. Misc. A new right -turn lane and right -in /right -out only access onto South Robert Street are proposed as part of this redevelopment. New boulevard sidewalks will be constructed as part of the Phase 1 development along both South Robert Trail and Lower 147 Street which tie into the existing sidewalk system. 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A a 6 i N i g'3 s s� a� "s a i.% b ;!sa i 6t e e .1 A M b O 0 0 0 a A 1 E a d 1 1 11 111 3 E 1 R a! 21 3 t 1 2 7 8a t 1 it !1 f$ la j e 1 1 xmw al la7'W6 Adel 111110 r A 5`c a. I �I Q Q W m Q O am "or Q OODOZ Mt I I I I C c) C 9L'ZZI M.ZI,r1.R6N •y\ U CID r4 C) 0. 7 c_c2 �L 7 CJ; k.; t 'I Y:I2) 6N I 1 l l 1 I 4 he Y YIV I A= e L 3211COI I1p14N 01 3W142 al wr'9'IS taa� .c.Irro MEMORANDUM DATE: March 13, 2009 TO: Eric Zweber, Senior City Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, City Engineer Kathie Hanson, Planning Department Secretary FROM: Morgan Dawley, Asst. City Engineer RE: General Comments: 4 ROSEMOUNT PUBLIC WORKS Kraus Anderson Professional Office Building Preliminary and Final Plat, and Final Development Plan Upon review of the Rosemount Professional Office Building plans provided for review by Finn Daniels Architects and Westwood Professional Services on behalf of Kraus Anderson Realty, dated March 12, 2009 and received March 12, 2009, the Engineering Department offers the following comments: 1. All work within Mn /DOT right -of -way is subject to permit by Mn /DOT. Final plans shall include right turn lane construction on South Robert Trail (Trunk Highway 3) and associated storm sewer system modifications and construction as reviewed and approved by Mn /DOT. City Staff has forwarded the right turn lane design as reviewed by Mn /DOT to the applicant's engineer for incorporation in the final construction plans and will coordinate permit application with Mn /DOT. 2. NPDES permit is the responsibility of the owner /contractor. Documentation of permit acquisition shall be forwarded to the City prior to issuance of a building permit. 3. Fire hydrant locations and access to hydrants and building locations shall meet Fire Marshal approval, prior to building permit issuance. It is noted that flow test results conducted by the applicant on March 10, 2009 are pending which may preclude the need for watermain looping to South Robert Trail with Phase 1 utility installation. The submitted plans show no watermain loop, however if flow test results show that future flow at the dead end hydrant, does not meet the requirements set forth by the Fire Marshal, a looped connection to South Robert Trail watermain shall be included in the final construction plans and installed Phase 1 utility improvements. G: \2009 \Planning Cases \09- 03- PUD -RZ Kraus Anderson Planned Unit Development Master Dev Plan and Rezoning (Genz Ryan) EngComments_KrausAnderson 03132009.doc No. Item Amount Calculation 2009 Fee Rates 1 GIS Fees 276.00 $120 /acre 2.3 ac for final plat 2 Sewer Connection Fees (SAC) SAC Units are calculated by MCES 3 MCES Fee 2,000 /SAC Unit 4 City Fee 1,200 /SAC Unit 5 Water Connection Fee (WAC) 40,140.00 Assumes 8" meter $40,140* 6 Storm Connection Fee (STAC) 2,640.00 $2200 /acre 1.2 acres Total 43,056.00 Does not include SAC Units TBD by MCES 4. The proximity of the existing South Robert Trail 12 -inch watermain to the proposed building location (approximately 6 feet as depicted on the submitted plans) does not provide adequate spacing to ensure structural stability of the building footing should a watermain break occur, nor adequate clearance to conduct future maintenance, repair, or replacement by excavation without compromising the structural integrity of the proposed building. It is noted that the applicant's proposed solution is to lower the building footings adjacent to the existing watermain. However, no footing detail was included in the submitted plans. Final final construction plans shall include this detail. If the nal footing configuration is deemed unacceptable by the City Engineer, relocation /realignment of the watermain to remove the conflict shall be included in the final plans and conducted by the developer at no cost to the City. 5. The utility easements depicted on the preliminary plat appear to be adequate based on the submitted plans. The private access easement needs to be expanded over all drive aisles to provide access to all three accesses to both lots. Legal descriptions of these easements shall be submitted to the City for review and approval prior to recording. 6. The landscape plan shall not have trees located within emergency overflow routes, over storm sewers or other utilities, or such that they interfere with intersection sight lines or street signs. 7. A Traffic Control /Detour plan was not included in the submitted plans and shall be provided for review and approval in the final construction plans addressing utility work within Lower 147 Street. In addition, traffic control plans for work on TH 3 will be necessary and subject to Mn /DOT approval. 8. Record drawings (paper and electronic formats) of the site that meet the standards set forth in the Engineering Guidelines shall be submitted to the City prior to issuance of a Certificate of Occupancy. 9. Estimated development fees for the site are as follows (Lot 1 only, Lot 2 fees to be calculated at time of future building permit for Lot 2): evelooment Fees due at building permit 8" service for Phase 1 as shown on submitted plans. It is noted that discussions with the applicant have indicated that preliminary mechanical (plumbing) design for the Phase 1 building only show the need for a 2.5" domestic service. Final WAC fees will be calculated at the time of building permit and based on the size of meter to be installed for domestic G: \2009 \Planning Cases \09- 03- PUD -RZ Kraus Anderson Planned Unit Development Master Dev Plan and Rezoning (Genz Ryan) EngComments_KrausAnderson 03132009.doc service as shown on the final building plans and current fee rates at the time of permit issuance In recognition of the applicant's extension of private sewer (to replace the existing off -site sewer serving the property that will be abandoned by the City) at an estimated cost of $14,800.00, a $10,000.00 credit shall be applied to offset City sewer connection fees for Phase 1 only. Grading Plan Detailed Comments. 1. Pending final design approval by Mn /DOT of the South Robert Trail right turn lane, the final plan shall indicate spot elevations at the entrance from South Robert Trail to define depth of water prior to overflow into the site or to the south. Site Plan Detailed Comments: 1. Final geometric design of the South Robert Trail (TH 3) entrance may impact parking stalls currently shown north of the entrance, specifically increasing curb radii. 2. Coordination of street light relocation along South Robert Trail with Xcel Energy shall be the responsibility of the developer. Should you have any questions or comments regarding the item listed above, please contact me at 651- 322 -2022. G: \2009 \Planning Cases \09- 03- PUD -RZ Kraus Anderson Planned Unit Development Master Dev Plan and Rezoning (Gent Ryan) \EngComments_KrausAnderson 03132009.doe Number of hydrants is sufficient. 4 ROSEMOUNT FIRE DEPARTMENT M E M O R A N D U M To: Kraus Anderson From: John Kendall, Code Compliance Inspector Date: February 18, 2009 Subject: Rosemount Professional Offices Building Upon review of the P.U.D submittal on 02/04/09 for the proposed Rosemount Professional Office Buildings for Kraus Anderson Realty Company, the following was noted: The width of the traffic lanes in the parking lot shall be 26 feet wide minimum. 2007 SFC Appendix D The flow requirements for 17,260 sq ft VB construction are 3500 gallons per minute. 2007 SFC Appendix B. The flow requirements for the proposed 13,400 sq ft VB construction are 3000 gallons per minute. 2007 SFC Appendix B.