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HomeMy WebLinkAbout6.k. Request by 146th Street Partners, LLC for a Minor Amendment to the Waterford Commons PUD AgreementAGENDA ITEM: Case 09- 01 -AMD Request by 146 Street Partners, LLC for a Minor Amendment to the Waterford Commons Planned Unit Development Agreement. AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. WC ATTACHMENTS: Location Map, Resolution, Waterford Commons (formerly known as Town Centre) Planned Unit Development Minor Amendment, Town Centre Site Plan, Waterford Commons Site Plan, Waterford Commons Swimming Pool Concept, Existing Garage Elevation. APPROVED BY: �Zp_ approve a Minor Centre) Planned to the Waterford an amendment to the RECOMMENDED ACTION: Staff recommends that the City Council Amendment to the Waterford Commons (formerly known as Town Unit Development by making the following two motions. 1. Motion to adopt a resolution approving a Minor Amendment Commons Planned Unit Development Agreement. 2. Motion to authorize the Mayor and City Clerk to execute Waterford Commons Planned Unit Development Agreement. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: January 20, 2009 EXECUTIVE SUMMARY BACKGROUND On March 18, 2008, the City Council approved the Planned Unit Development (PUD) of Waterford Commons (formerly known as Town Centre), a three story building with 13,000 square feet of commercial space and 108 rental residential units, for 146 Street Partners, LLC. The original approval included a patio area located south of the building and the demolition of all of the buildings located east of Burma Avenue. 146 Street Partners has proposed to replace the majority of the patio with a swimming pool and fire pit area, as well as rehabilitating an existing garage to be used for storage and maintenance equipment. ISSUE Swimming Pool and Fire Pit The original site plan had a patio to.the south of the building and a short sidewalk leading to a gardened seating area. 146 Street Partners has proposed to replace the patio and seating area with a 18' by 44' pool and fire pit with a patio surrounding them. Staff believes this is an improvement from the patio and seating area. The addition of this amenity will assist in attracting residents to the project and downtown. The Port Authority, who assisted with the financing for the project, reviewed this change at their last meeting and wholeheartedly supported the change. There are two planning issues identified with the change. Increasing the amount of paved area seems to result in some of the slopes between the pool and the west property area being greater than 4:1. Staff has proposed a condition that this grading be revised, which may be done as easily as extending the proposed retaining wall to the south until a 4:1 or less slope can be created. 146 Street Partners will need to submit a revised grading plan to show that this can be accomplished, as well as shows that the proposed pool, fire pit and garage maintain the proposed drainage pattern. The only other issue is the design and fuel used in the fire pit. City Code limits fire pits to no more than 3 feet in diameter. Addition regulations depend on the fuel source. A wood fire requires that an extinguishing substance is kept in the vicinity of the fire pit, while a gas fuel fire pit would require an emergency shut off value. Staff has proposed a condition that 146 Street Partners work with the Fire Marshall on the design of the fire pit. .Existing Garage When the 146` Street Partners began construction on Waterford Commons, there was a house, a garage, and a car wash located east of Burma Avenue. The original approval included demolishing all three of these buildings to install a parking lot and rain garden in their place. Upon evaluating the buildings before their demolition, 146t Street Partners determined that the garage was structurally sound and could be used beneficially for storage of maintenance equipment, such as lawn mowers, snow blowers and the like. 146 Street Partners has provided a revised site plan and proposed elevation of the garage. The garage is located in the northeast corner of the parking lot east of Burma Avenue. The garage doors face east toward the railroad tracks and are accessed by a driveway leading to the intersection of Burnley Avenue and 146 Street. The access on the site plan remains on Burnley Avenue, but staff is unwilling to commit to this access in the future. It is possible that when the properties to the north develop, Burnley Avenue and 146 Street may be vacated or relocated. One of the proposed conditions of approval is that public access to the garage may be eliminated in the future and no compensation will be given to the 146 Street Partners if that occurs. The applicant may be able to extend a private drive through the abandoned right of way for access. Otherwise, it should not be an issue since the garage is not intended for on street vehicles and future access to the garage for maintenance equipment can come from the parking lot. Keeping the existing garage would eliminate four parking stalls from the parking lot. The original approval had a total of 270 parking stalls for the development, including 133 surface parking stalls. The revised site plan would reduce the total parking stalls to 266 (a 1.5% reduction) and reduce the surface parking stalls to 129 (a 3% reduction). The Downtown zoning overlay district does not have a requirement for a minimum number of parking stalls and staff believes the reduction of four parking stalls will not have a significant impact on the function of the building or to Downtown. The existing garage is sided entirely of lap siding, which does not meet the Downtown building material requirements or the Waterford Commons exterior. Waterford Commons is a combination of rough faced block, brick, and cement board panels. To complement the mix of materials of Waterford Commons, the garage is proposed to be re -sided with a brick wainscoting approximately three feet high with lap siding above. The pediment (the triangular shaped wall under the roof) will have vertical siding of a complementary color. 2 Minor Amendment to the Planned Unit Development Agreement According to the PUD standards outlined in Section 11 -10 -6, minor amendments may be administratively approved where staff determines that review and approval by the Planning Commission and City Council of a detailed site and building plan is unnecessary to meet the objectives of the PUD ordinance. Nevertheless, it should be noted that since this is an amendment to a contract the City Council must formally approve the change. When making the determination between major and minor amendments, staff must find that the proposed amendment does not: 1. Substantially alter the location of buildings, parking areas or roads. 2. Increase or decrease the number of residential dwelling units by more than five percent (5 3. Increase the gross floor area of nonresidential buildings by more than five percent (5 or increase the gross floor area of any individual building by more than ten percent (10 4. Increase the number of stories of any building. 5. Decrease the amount of open space by more than five percent (5 or alter it in such a way as to change its original design or intended use. 6. Create noncompliance with any special condition attached to the approval of the master development plan. Staff finds the proposed amendment eligible for a minor amendment. Staff does not believe that a reduction of 4 parking stalls (3% of the surface parking stalls; 1.5% of the total number of parking stalls) is a substantial alteration to the parking area. RECOMMENDATION Staff recommends the City Council approve a Minor Amendment to the Waterford Commons (formerly known as Town Centre) Planned Unit Development Agreement. 3 T.At4FR 147Th RT w DTE: Dimensions rounded to nearest foot. apyright 2009, Dakota County iis drawing is neither a legally recorded map nor a survey and is not intended to be used as one. ris drawing is a compilation of records, information and data located in various city, county, and ate offices and other sources, affecting the area shown, and is to be used for reference purposes ly. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are und, please contact Dakota County Survey and Land Information Department. ap Date: January 13, 2009 Parcels Updated: 11112009 Aerial Photography: SITE MAP YVATEAFoRD CoMMonSS CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009 A RESOLUTION APPROVING A MINOR AMENDMENT TO THE WATERFORD COMMONS (FORMERLY KNOWN AS TOWN CENTRE) PLANNED UNIT DEVELOPMENT FOR THE 146 STREET PARTNERS, LLC WHEREAS, the City of Rosemount has received an application from the 146th Street Partners, LLC requesting a minor amendment to the Waterford Commons (formerly known as Town Centre) Planned Unit Development concerning property legally described as Lot 1 Block 1 and Lot 1 Block 2 of Town Centre, Dakota County, Minnesota; and WHEREAS, the amendment would rehabilitate the existing garage on Lot 1 Block 2 to be used for storage and maintenance equipment; and WHEREAS, the amendment would replace patio area with a pool and fire pit; and WHEREAS, staff finds the proposed amendment is eligible for a minor amendment and administrative approval because it does not violate any of the six criteria listed in Section 11 -10 -6 of the City Code related to determining major and minor PUD amendments, and WHEREAS, staff finds the pool, fire pit, and rehabilitated garage meets or exceeds the characteristics of the site plan contained in the original PUD, and WHEREAS, on January 20, 2009, the City Council of the City of Rosemount reviewed the application and staff's recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves a minor amendment to the Waterford Commons (formerly known as Town Centre) Planned Unit Development for 146th Street Partners, LLC, subject to conditions: 1. Execution of a PUD amendment agreement. 2. 146th Street and /or Burnley Avenue may be vacated or realigned in the future to accommodate future development. Access to the garage may be lost with this vacation and /or realignment and no compensation for this loss will be provided by the City. 3. Provide a revised grading plan to ensure that the proposed drainage pattern is maintained. 4. The grading shall not exceed a 4:1 slope. The retaining wall to the west of the pool may need to be extended to maintain slopes at or less than 4:1. 5. Consult with the Fire Marshall on the fuel used in the fire pit to ensure that the design meet the Fire Code. ADOPTED this 20th day of January, 2009, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk RESOLUTION 2009- Motion by: Second by: Voted in favor: Voted against: Member absent: 2 AMENDMENT TO THE WATERFORD COMMONS (FORMERLY KNOWN AS TOWN CENTRE) PLANNED UNIT DEVELOPMENT THIS DECLARATION made this 20 day of January, 2009, by and between THE 146 STREET PARTNERS, 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 and Lot 1 Block 2, Town Centre, Dakota County, Minnesota, (hereinafter referred to as the "Subject Properties and WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement, "Town Centre Planned Unit Development Agreement" dated May 21, 2008, and recorded with the Dakota County Recorder as document number on 2009 (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 site plan listed in paragraph 1.c of the Planned Unit Development Agreement is amended as follows: Add the Waterford Commons Site Plan dated 01/13/2009 Attachment One. 1 Add the Waterford Commons Swimming Pool Concept dated November 14, 2008 Attachment Two. Add the Existing Garage elevation dated January 20, 2009 Attachment Three. 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. STATE OF MINNESOTA COUNTY OF ss. The foregoing instrument was acknowledged before me this day of 2009, by and the and for and on behalf of the 146 Street Partners, LLC, a Minnesota limited liability company, by and on behalf of said corporation. 2 DECLARANT 146 STREET PARTNERS, LLC By Wallace T. Johnson Its President Notary Public This Amendment is approved and consented to by the City Council of the City of Rosemount. CITY OF ROSEMOUNT By: William H Droste, Mayor STATE OF MINNESOTA ss. COUNTY OF DAKOTA And by: Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2009, 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 145 Street West Rosemount, MN 55068 651- 423 -4411 3 Notary Public 4 0% 7):1,071025 Saalcatassacat.da ul..ay wvd.p 1.e) 0 0251w try II II II T I i L_ J rc 1 F F 0, CSE °tar T1 F TOWN CENTRE SITE PLAN PWCA11W WF1 146th STREET PARTNERS, LLC 15734 Foliage Avenue A0P10 Valley, MN 55120 Phone: (952) 431 -5700 ba f PRIEFARMA HEDLUND Pu0ASVC ENCA1l70000 SU O4VW G 2005 Pin Oak Olive Eagan, MN 55122 Phan'. (651) 405 -6600 Foe: (651) 405 -6606 t hereby unify Mal Ws elan, ...ellen. et report eW prepwM by me under my *eel eupn' vM U 1 em a E,g1ew under DI Dole: Randall C. Hedlund MN. LIC. NO. 19576 m�uo P a L REMARKS ay namelly u.uw tgw,_ae aulhaV w amnia 1AA 1]/0{/14 WARN WmN ev SOUTH ROBERT TRAIL °73 m °'o m n z 0 Z z m o D 0 z 0) a 0 all IRM 114 trees shrubs Vaterford Commons vimming Pool Concept trees groundcovers Stonebridge BKV Gr -oup Nov 14, 2008