HomeMy WebLinkAbout9.b. Fairview Clinic Planned Unit Development Final Development Plan and Lot Split, 08-25-FDP. 08-26-LS4 ROSEMOUNT
CITY COUNCIL
City Council Special Meeting: August 4, 2008
EXECUTIVE SUMMARY
AGENDA ITEM: Case 08- 25 -FDP; 08- 26 -LS; Fairview
Clinic Planned Unit Development Final
Development Plan and Lot Split.
PREPARED BY: Eric Zweber; Senior Planner
AGENDA SECTION:
New Business
AGENDA NO."t•I7.
ATTACHMENTS: Resolutions; Planned Unit Development
Agreement; Site Map; Site Plan; Existing
Conditions Plan; Grading, Drainage and
Erosion Control Plan; Utility Plan;
Landscape Plan; Photometric Plan;
Exterior Elevations; Proposed Lot Split;
Chippendale /42 Partnership Planned Unit
Development Agreement; City Engineer's
Memorandum dated July 17, 2008; Park
and Recreation Director's Memorandum
dated July 17, 2008; Excerpt from July 22
Planning Commission Meeting, Color
Renderings.
RECOMMENDED ACTION: Motion to adopt a resolution approving the planned unit
development final development plan for Fairview Clinics.
APPROVED BY:
‘Pt-
-and
Motion to adopt a resolution approving the lot split request for McRoberts Land
Development, LLC of Lot 4, Block 1 Rosemount Village Center.
-and-
Motion approving and executing the planned unit development agreement with Fairview
Clinics.
ISSUE
McRoberts Real Estate Development has submitted an application on behalf of Fairview Clinics to construct
an approximately 10,000 square foot medical clinic on a parcel located on the northwest comer of 151"
Street West and Cimarron Avenue. To accommodate this construction, McRoberts is proposing to split the
2.11 acre lot into two approximately 1 acre lots. The second lot has a concept layout to show how it can be
developed to accommodate a 9,600 square foot commercial building, but the applicant is not requesting
approval of the second lot at this time.
PLANNING COMMISSION REVIEW
The Planning Commission reviewed and conducted a public hearing for the Fairview clinic proposal during
the July 22, 2008 meeting. During the public hearing, one resident (Myron Napper) spoke and asked if the
tcequireu oewa(KJ.
Frontage
Structure
Parking /Driveway
151S Street West
30 Feet
20 Feet
Cimarron Avenue
30 Feet
15 Feet
Interior
15 Feet
0 Feet
t'roposeu JewacKZ.
Frontage
Structure
Parking /Driveway
151' Street West
30 Feet
N/A
Cimarron Avenue
45 Feet
15 Feet
Interior
15 Feet
0 Feet
proposed development meets the City's parking standards. The proposal exceeds the parking standard by
four (4) parking stalls.
The Planning Commission recommended the approval of the Fairview clinic with the conditions that staff
had proposed with a 4 -0 vote.
BACKGROUND
Fairview Clinics is proposing to construct a 10,000 square foot medical clinic on the northwest corner of
151 Street West and Cimarron Avenue. The lot that is available on the northwest corner is 2.11 acres in
size, which is larger than they need to construct their medical clinic. Fairview has requested a lot split and
a Planned Unit Development (PUD) Final Development Plan to allow the construction of their medical
clinic to open in the spring of 2009. The lot split will create two lots approximately 1 acre in size. The
PUD Final Development Plan will detail the building design and site layout for the medical clinic.
To provide information to show how the second lot in the lot split can be developed in the future,
McRoberts has provided a concept plan of a potential 9,600 square foot retail building on Lot 2. That
development is not part of the requested approvals and is provided for information only. The future
development of Lot 2 will require a separate PUD Final Development Plan at the time of development.
Fairview Clinics has expressed interest in Lot 2 for a future expansion of the clinic or the construction of a
building that Fairview could lease to complementary uses, such as dentists or eye doctors, until an
expansion is needed.
Surrounding Land Uses:
Existing Zoning District:
Proposed Zoning District
North: Commercial
East: Commercial and Wetland
South: Multiple Family Townhomes
West: Commercial
C -4 PUD: General Commercial Planned Unit Development
C -4 PUD: General Commercial Planned Unit Development
Maximum Height:
Proposed Height:
Minimum Lot Size:
Proposed Lot Sizes:
35 Feet
22 Feet 8 Inch
1 Acre (43,560 Square Feet)
Lot 1: 1.096 Acres (47,759 Square Feet)
Lot 2: 0.984 Acres (42,867 Square Feet)
SUMMARY
Site Layout
The site is located in the southeast corner of the block bounded by County Road 42, Cimarron Avenue,
151' Street West, and Claret Avenue. The block is currently divided into five lots with a private street
extending east to west through the middle of the block. Three lots are north of the private street, and two
2
lots are south of the private street. The three lots north of the drive are developed with A &W /KFC,
Wendy's, and Applebee's; while the western of the two lots south of the drive is developed with a mixed
tenant building anchored by China Wok. Fairview is planning to purchase the southeastern lot of the
block, split it in two, and develop the eastern of the two lots (Lot 1). This leaves an approximate 1 acre lot
in the middle of the block on the south side of the drive (Lot 2).
The layout of Lot 1 includes a 10,000 square foot medical clinic on the south side of the lot along the 151S
Street frontage and a parking lot located on the north side of the lot between the clinic building and the
private street. The site is generally level with landscaped berms created in the buffer yard on the south side
of the building and along the east side of the parking lot. The parking lot will have one access from the
private street that is located directly across from the Applebee's access onto the private drive. With the
initial development of the clinic site, the parking lot will have parking lot aisles that run east to west that
allow circulation to the sole access. With the eventual development of Lot 2, the east to west parking lot
isles will connect to the shared access between Lot 2 and the China Wok building providing additional
access to the site.
McRoberts has provided a concept of the potential development of Lot 2. The Lot 2 layout is similar to
the Fairview Clinic site with a 9,600 square foot building along the south frontage and a parking lot
between the building and the private street to the north. Lot 2 is not proposed to be developed at this
time and the applicant is not requesting PUD Final Development Plan approval. The concept plan for Lot
2, while not legally binding, will be used during the future development of Lot 2 to ensure that the parking
aisles are connected with the Fairview Clinic site and that circulation is maintained to allow the use of both
shared accesses on the south side of the private street.
Building Design and Materials
The building is generally rectangular is shape, with the long side of the rectangle along the 151' Street
facade and the short side along the Cimarron Avenue facade. All four facades are a combination of brick,
windows or doors. The brick exteriors will be a combination of three complementary colors to add some
variety.
The north and south facades of the building will feature a center roof lines 16 feet in height with parapets
at the corners extending to 20 feet in height to provide some vertical diversity to the exterior. The east
and west facades will be 20 feet high, the same as the corner parapets of the north and south facade. The
main entrance to the building will include be a taller parapet of almost 22 feet and a brick wall on the west
side of the entrance almost 23 feet tall. The building design and exterior material meets or exceeds the
ordinance requirement.
Landscaping and Tree Preservation
The landscape plan provides trees along the 151st Street West frontage, the Cimarron Avenue frontage, the
private drive frontage, and interior to the parking lot. Foundation plants are proposed along the southern
facade of the building, adjacent to the main entrance, and near the monument signs. Additional
landscaping, along with graded berms, is installed on the east side of the parking lot to buffer Cimarron
Avenue and on the 151s Street West frontage to buffer the residential properties south of 151" Street.
Access and Parking
Fairview Clinics is proposing to construct a parking lot on the north side of their building between their
building and the private street. The parking lot for Lot 1 will be served from a single access onto the
private street that is located directly across from the Applebee's access. The initial parking lot will provide
50 parking stalls, 49 of which will be located on Lot 1, and one stall that is located on Lot 2. The parking
3
Lot 1 Medical Clinic
o
49
v
45
N/A
Lot 1 Retail
N/A
N/A
50
Lot 2 Retail
49
48
48
Total
98
93
98
Medical Clinic
5 stalls per doctor plus 1
stall per employee
(5 doctors times 5) (20 employees) 45
Multi- tenant Retail
5 stalls per 1,000 square feet
(10,000 square feet times 5 per 1,000) 50
requirement for the medical clinic would only be 45 stalls, but if the 10,000 square foot clinic was ever
converted into a retail space, then 50 parking stall would be required.
Pa rkin g Re
Provided
Parkin Required
Parkin Requirement
The concept plan on Lot 2 shows a 9,600 square foot building with a parking lot with 48 additional stalls.
The 48 additional stalls is the exact requirement for parking stalls of a 9,600 square foot retail building.
The concept plan for Lot 2 to shows a circulation that would connect the parking lots between Lot 1, Lot
2, and the parking lot for the China Wok building which would allow all three lots south of the private
drive to use the two joint accesses. The eventual development of the Lot 2 will need to include this
circulation pattern to allow the connection of the two accesses.
Parkin Required
The total parking requirement for the development of Lot 1 into a medical clinic and Lot 2 into a 9,600
square foot retail space would be 93 stalls. The proposed development of Lots 1 and 2 includes the
construction of 98 stalls. The 98 stalls would exceed the requirement for the medical clinic development,
but the additional stalls would allow the future redevelopment of the site into retail space and still be
compliant with the ordinance.
Pedestrian Circulation
The site currently includes an existing five feet wide sidewalk along 151' Street West frontage and there is
a five feet wide side north of the private street on the Applebee's property's Cimarron Avenue frontage.
Fairview will install a sidewalk along their Cimarron Avenue frontage to connect the sidewalk east of
Applebee's to the 151" Street West frontage. Interior to the site, Fairview will install a sidewalk along the
north side of their buildings that will connect the two sites together and to the sidewalk along Cimarron.
Additional sidewalks will be installed along the sides of the building to connect their emergency entrances
with the sidewalks in front of the buildings. The additional sidewalks provide connections between the
parking lot and the building, as well as pedestrians with the greater neighborhood.
Mechanical Equipment and Trash Enclosure
The mechanical equipment for the building is well screened behind the corner parapets of the building.
There are trash enclosures designed individually for Lot 1 and Lot 2. The trash enclosure for Fairview
Clinic (Lot 1) is labeled to be masonry with gate that open to the north towards the private drive. Staff
requests that the trash enclosure be faced with the same bricks as the exterior of the clinic.
Signs
Fairview Clinic proposes a monument sign at the corner of the private street and Cimarron Avenue for
Lot 1 and monument sign on the west side of Lot 2 along the private street. Additional, Fairview is
request wall signage along the top of all four facades.
Staff requests one change and one condition to the sign layout. Staff requests that the signage on the
4
south facade be remove because of the residents located on the south side of 151 Street West. No other
building between Chippendale Avenue and Shannon Parkway has wall signage on their south facades.
Staff requests that a condition be added to the remaining wall signs that they are constructed of channel
letters.
Lighting
Fairview is proposing lighting within the three landscape islands of the parking lot. The lighting intensity
meets the ordinance requirements and buildings on the south side of the property block the lighting from
the residents on the south side of the 151S Street West. The lighting on the exterior of the building is
limited to security lighting over the doors. Staff recommends one condition that the lights within the
parking lot be cut -off style fixtures.
Utilities
All the utilities proposed within the development will be privately owned and maintained. The original
planning and platting of this neighborhood included off site stormwater ponding that allows the site to
connect directly to the stormwater infrastructure within the streets without the need for any on site
stormwater management beyond the proper number and size of catch basins. The sanitary sewer and
water services will be connected to service stubs that currently exist at the property boundaries.
Lot Split
To facilitate the construction of Fairview Clinic for a proposed opening by the spring of 2009, McRoberts
is proposing to split the existing 2.11 acre lot into two lots. The limiting factor to a spring opening would
be to install the bituminous parking lot before the asphalt plants close around this Thanksgiving. Without
knowing the details of the ultimate use of the entire property, Fairview desires to receive approval of their
clinic proposal and create a separate lot for a potential expansion or building of complementary uses.
The lot split will create two lots, Lot 1 being the corner lot northwest of the intersection of Cimarron
Avenue and 151st Street West for the Fairview Clinic, and Lot 2 is located between the China Wok
building and Fairview Clinic that will be reserved for future development. Lot 1 will be 1.096 acres or
47,759 square feet and Lot 2 will be 0.984 acres or 42,867 square feet. The C4 General Commercial
zoning district requires a minimum lot size of 20,000 square feet, but PUD standards for this development
has a minimum lot size one acre, which is equal to 43,560 square feet. Lot 2 is short of the PUD
minimum lot size by 0.016 acres or 693 square feet.
Since this property is zoned as a PUD, the Planning Commission is able to grant deviations to the
standards within the PUD Final Development Plan approval. The concept plan provided for Lot 2 shows
that the lot can be developed in a manner that is compatible and complementary to the neighboring lots
even though it is 693 square feet short of an acre. Staff is supportive of granting a deviation to the PUD
standards for Lot 2 because that lot can be logically developed in its proposed configuration and size and
because its is still 22,867 square feet larger than the required lot size of a standard C4 zoned lot.
The only additional conditions that staff recommends for the lot splits is that a joint access and utility
easement and agreement are recorded on both properties so that the properties can be cooperatively
developed and maintained as proposed even if they were ultimately in separate ownership.
RECOMMENDATION
Staff recommends approval of the planned unit development final development plan, the lot split, and
planned unit development agreement.
5
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2008-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
FINAL DEVELOPMENT PLAN FOR FAIRVIEW CLINIC
WHEREAS, the Community Development Department of the City of Rosemount received
an application from McRoberts Development, LLC, requesting a planned unit development
final development plan concerning property legally described as:
Lot 4, Block 1, Rosemount Village Center, Dakota County, Minnesota.
WHEREAS, on October 1, 1996, the City Council of the City of Rosemount approved a
planned unit development for the Chippendale /42 Partnership including Rosemount Village
Center; and
WHEREAS, on July 22, 2008, the Planning Commission of the City of Rosemount held a
public hearing and reviewed the requested application; and
WHEREAS, on July 22, 2008, the Planning Commission recommended approval of the
requested applications, subject to conditions; and
WHEREAS, on August 4, 2008, 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 final development plan of Fairview Clinic, subject to:
1. Compliance with the City Engineer's Memorandum dated July 17, 2008.
2. Compliance with the Park and Recreation Director's Memorandum dated July 17,
2008.
3. Execution of a planned unit development agreement.
4. The trash enclosure shall be faced with bricks that are identical to those used in the
exterior of the medical clinic.
5. All wall signage shall be channel letters.
6. Removal of the wall sign on the south facade facing the residents south of 151' Street
West.
7. Lights within the parking lot shall be cut -off style fixtures.
8. A landscape security in the amount of $11,000 that will be effective through a one year
warranty period after the landscaping has been installed.
ADOPTED this 4th day of August, 2008 by the City Council of the City of Rosemount.
William H. Droste, Mayor
1
ATTEST:
Amy Domeier, City Clerk
RESOLUTION 2008
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2008-
A RESOLUTION APPROVING THE LOT SPLIT REQUEST
FROM MCROBERTS LAND DEVELOPMENT, LLC OF
LOT 4, BLOCK 1, ROSEMOUNT VILLAGE CENTER
WHEREAS, the Community Development Department of the City of Rosemount received an
application from McRoberts Land Development, LLC (herein after the "Applicant requesting a
Lot Split to divide the following vacant property (herein after the "Existing Tax Parcel legally
described as follows:
Lot 4, Block 1, Rosemount Village Center, Dakota County, Minnesota, according to the
recorded plat thereof, together with all hereditaments and appurtenances.
WHEREAS, the Applicant's lot split request proposes to subdivide the Existing Tax Parcel into a
0.984 acre parcel for future development and a 1.096 acre parcel for the development of a Fairview
Clinic medical building; and
WHEREAS, on October 1, 1996, the City Council of the City of Rosemount approved a planned
unit development for the Chippendale /42 Partnership including Rosemount Village Center; and
WHEREAS, on July 22, 2008, the Planning Commission of the City of Rosemount held a public
hearing to review the proposed Lot Split and found it consistent with the Subdivision Ordinance
and the Chippendale /42 Partnership planned unit development agreement; and
WHEREAS, on July 22, 2008, the Planning Commission adopted a motion to recommend that the
City Council approve the proposed Lot Split, subject to conditions; and
WHEREAS, on August 4, 2008, the City Council of the City of Rosemount reviewed the Planning
Commission's recommendation and the Lot Split request and agreed with the Commission's
recommendations.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Applicant's Lot Split request to subdivide the Existing Tax Parcel into two (2) tax
parcels A and B identified below. This approval is also subject to the conditions listed below.
Parcel A: That part of Lot 4, Block 1, Rosemount Village Center, Dakota County,
Minnesota, more fully described as follows:
Commencing at the southeast corner of said Lot 4; thence 69 °51'14" West, along said
south line, 153.23 feet; thence westerly 10.23 feet, along said south line, on a tangential
curve concave to the north, with a central angle of 00 °25'16" and a radius of 1392.39
feet; thence North 08 °34'54" West, along the west line of said Lot 4, a distance of
127.49 feet; thence South 81 °23'58" West, along said west line, 8.20 feet; thence North
08 °36'02" West, along said west line, 167.01 feet; thence North 81 °23'58" East, along
the north line of said Lot 4, a distance of 160.10 feet; thence South 08 °35'50" East
119.70 feet; thence South 81 °24'09" West 20.80 feet; thence South 20 °08'45" East
145.06 feet to the point of beginning. Containing 42,867 square feet 0.984 acres,
more or less. Said parcel subject to easements of record.
AND
ATTEST:
RESOLUTION 2007
Parcel B: That part of Lot 4, Block 1, Rosemount Village Center, Dakota County,
Minnesota, more fully described as follows:
Beginning at the southeast corner of said Lot 4; thence South 69 °51'14" West, along
the south line of said Lot 4, a distance of 194.93 feet; thence North 20 °08'45" West
145.06 feet; thence North 81 °24'09" East 20.80 feet; thence North 08 °35'50" West
119.70 feet, to the north line of said Lot 4; thence North 81 °23'58" East, along said
north line, 120.50 feet; thence easterly 45.03 feet, along said north line, on a tangential
curve concave to the south, with a central angle of 08 °36'02" and a radius of 300.00
feet; thence South 90 °00'00" East, along said north line, 37.44 feet; thence South 00°
29'11" East, along the east line of said Lot 4, a distance of 78.76 feet; thence southerly
114.26 feet, along said east line, on a tangential curve concave to the east, with a central
angle of 19 °39'35" and a radius of 333.00 feet; thence South 20 °08'46" East, along said
east line, 22.67 feet to the point of beginning. Containing 47,759 square feet 1.096
acres, more or less. Said parcel subject to easements of record.
Conditions of approval:
1. Compliance with the City Engineer's Memorandum dated July 17, 2008.
2. Recording of a joint access easement and agreement to allow Lot 1 and Lot 2 to share their
parking lots and accesses.
3. Recording of a utility easement and agreement on Lot 1 and Lot 2 to allow for the
construction and maintenance of the joint utility service as proposed.
ADOPTED this 4th day of August, 2008, by the City Council of the City of Rosemount.
Amy Domeier, City Clerk
William H. Droste, Mayor
2
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
3
DECLARATION OF COVENANTS
AND RESTRICTIONS
FAIRVIEW HEALTH SERVICES PLANNED UNIT DEVELOPMENT
FINAL DEVELOPMENT PLAN AGREEMENT
THIS DECLARATION made this day of August, 2008, by the Fairview Health
Services, Minnesota a non profit corporation (hereinafter referred to as the "Declarant
WHEREAS, Declarant is the owner of the real property as described as Lot 4, Block 1 of
Rosemount Village Center, Dakota County, Minnesota (hereinafter referred to as the "Subject
Property"); and
WHEREAS, on October 1, 1996 the City of Rosemount, Minnesota "City approved a
planned unit development for the Chippendale /42 Partnership that included the Subject Property and
its use is consistent with the uses allowed within the C4 General Commercial zoning district; and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the City of Rosemount, Minnesota "City in connection with the approval of an
application for a planned unit development for a 10,000 square foot medical clinic 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
1
Property; and that but for the details of the development proposed and the unique land use
characteristics of such proposed use, the planned unit development would not have been approved;
and
WHEREAS, as a condition of approval of the planned unit development, the City has
required the execution and filing of this Declaration of Covenants, Conditions and Restrictions
(hereinafter the "Declaration and
WHEREAS, to secure the benefits and advantages of approval of such planned unit
development, 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. 2008 -xx, Attachment One
b. Lot 4, Block 1 Rosemount Village Center Lot Split, Attachment Two
c. Site Plan, Attachment Three
d. Grading, Drainage and Erosion Control Plan, Attachment Four
e. Utility Plan, Attachment Five
f. Landscape Plan, Attachment Six
g. Exterior Elevations, Attachment Seven
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 Paragraph
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 Chippendale /42 Partnership planned unit development agreement
provisions were approved:
a. Minimum Lot Size: The Chippendale /42 Partnership agreement requires a
minimum lot size of one (1) acre. The lot size of Lot 2 of the Lot Split is 0.984 acres. Upon
review of the concept site plan and layout of Lot2 it is determined that the lot can
development similar and consistent with the other lots within the original development
while being 0.984 acres.
In all other respects the use and development of the Subject Property shall conform to the
requirements of the Paragraph 1 of this Declaration and the City Code of Ordinances.
4. The obligations and restrictions of this Declaration shall run with the land of the
Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the
City of Rosemount acting through its City Council. This Declaration may be amended from time to
time by a written amendment executed by the City and the owner or owners of the lot or lots to be
affected by said amendment.
3
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of
Declarant have hereunto set their hands and seals as of the day and year first above written.
STATE OF MINNESOTA
COUNTY OF
s s.
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF ROSEMOUNT
2875 145 STREET WEST
ROSEMOUNT, MN 55068
651- 423 -4411
DECLARANT
Fairview Health Services
By
Raymond E. Piirainen
Its Director of Real Estate
The foregoing instrument was acknowledged before me this day of 2008,
by the for and on behalf of
Fairview Health Services, Minnesota non profit corporation, by and on behalf of said corporation.
4
Notary Public
Fairview Clinic Site
Copyright 2008, Dakota County Map Date: July 7, 2008
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I. Concept Plan:
Planned Unit Development Agreement
CHIPPENDALE /42 PARTNERSHIP
10/96
THIS AGREEMENT dated day of 1996, by and
between the CrrY of ROSEMOUNT, a Minnesota municipal corporation, "City and
CHIPPENDALE /42 PARTNERSLUP, having the address of 15055 Chippendale Avenue South, P.O.
Box 439, Rosemount, Minnesota 55068, (the "Developer
Request for Planned Unit Development Approval. The Developer has asked the City to
approve a Mixed Use Planned Unit Development to be known as McNAMARA ADDITION (also
referred to in this agreement as the "plat The land is legally described as follows:
The North One Half of the Northeast One Quarter of Section 31, Township 115, Range 19
W, Dakota County, Minnesota Except the East 330.00 feet of the North 876.00 feet
thereof.
The City, through this Agreement, approves the Mixed Use Planned Unit Development upon the
following conditions.
The term "Concept Plan" used herein shall refer to the Concept Plan drawing by Damon Faber
Associates dated August 16, 1996.
The Concept Plan is intended to be an accurate sketch depicting the overall "look" of the complete
PUD area. To the greatest extent possible, future development proposals within the PUD shall
conform to the design framework of the Concept Plan. This framework relates primarily to such
features as the public street system and private accesses, landscaping areas, pedestrian walkways,
corner enhancements, parking configurations and building locations. The City of Rosemount will
review each future development project's detailed site plan within the framework of the Concept
Plan and the following Criteria as a guide to final design decisions. Since specific projects are not
being proposed within this PUD (with the exception of Walgreens at the most northwesterly
corner), future site plan review according to Section 14.4 of Ordinance B, City of Rosemount
Zoning Regulations, shall direct final design decisions.
II. Commercial Planned Use Development:
All commercial development shall meet the following performance standards. Where a specific
standard is not addressed herein, the appropriate land use regulation of the City Code shall
apply.
A. Vehicle Access.
1. One private unrestricted access will be allowed on Shannon Parkway at least 295
feet from the southerly ROW of CSAH 42 with no further cross access between the
west and east halves of the most western block (west of Crestone Avenue).
However, changes may be approved by the City to this internal access and the full
access on Shannon Parkway once final development plans are reviewed for other
property in this block.
2. Three (3) future north -south public streets and one (1) future east -west public street
shall be platted and constructed to serve this commercial area. One (1) additional
private east -west drive will be constructed in the middle of the commercial area.
3. Access to /from CSAH 42 shall be limited as follows: Claret Avenue (unrestricted),
and Crestone and Cimmaron Avenues (right -in, right -out only).
4. All future private accesses to local streets shall be designed and approved as part of
further site plan reviews in accordance with the Concept Plan.
5. Claret Avenue shall maintain a minimum 250 -feet spacing from centerline to
centerline along 151st Street.
B. Pedestrian Access.
1. Sidewalks (5 -feet concrete) shall be installed along public streets as follows: (a) both
sides of Claret Avenue north of 151st Street and the east side of Claret Avenue
south of 151st Street; (b) the west side of Crestone Avenue; (c) the east side of
Cimmaron Avenue; (d) the south sides of 151st Street; and (e) the north side of
151st Street east of Cimmaron Avenue and west of Crestone Avenue. Bituminous
paths (8 -feet) shall be retained on the east side of Shannon Parkway and the west
side of Chippendale Avenue, and shall be installed on the south side of CSAH 42.
The option of an 8 -feet concrete sidewalk on the south side of CSAH 42 will be
further analyzed in relationship to cost, revenues and desirability.
2. Future development projects shall incorporate sidewalks from the buildings to the
adjacent pedestrian system identified in No. 1 above; connections from one building
to another shall also be incorporated into designs.
C. Parking.
1. Each development project shall meet the corresponding parking standards as
identified in Section 8 of the Zoning Code. Consideration of parking requirement
reductions will be made by the City based on provisions for shared parking among
Chippendale/42 Partnership
Page 2 of 10
multiple tenants and /or other related factors that impact parking demand, with
reciprocal enhancements made to landscaping above minimum requirements.
2. Landscaped islands are desired at the end of parking aisles, which shall be designed
and approved as part of further side plan reviews in accordance with the Concept
Plan.
3. Perimeter parking adjacent to the setback along all existing /future street rights -of-
way shall be limited; the Concept Plan shall be used as a guide for future
development proposals in meeting this objective. Areas without perimeter parking
shall include increased setbacks for landscaping.
D. Landscaping.
1. Street and project landscaping shall meet the minimum standards as prepared by
Damon Farber Associates dated June 18, 1996. In addition, the following conditions
are incorporated:
a. A minimum of twenty -five percent (25 of the total commercial PUD area
shall be landscaped with variations permitted for each development site.
b. Parking lot landscaped islands shall be a minimum width of eight (8) feet,
except that islands along the main internal east -west street shall be a
minimum width of twelve (12) feet.
c. A minimum of fifty percent (50%) of the lineal foot total of each building
shall be landscaped with a minimum 3 -feet wide planting area.
d. A minimum of thirty (30) feet shall be maintained for landscaping berming
between perimeter parking and the rights -of -way of Shannon Parkway, a
minimum of twenty (20) feet shall be maintained along CSAH 42, and
additional width shall be required in areas without perimeter parking.
e. All landscaped areas shall include underground irrigation.
f. Landscape material quantities shall be provided in an amount equaling one
hundred twenty -five percent (125 of the minimum requirements specified
in Section 8 of Ordinance B.
E. Screening.
1. A minimum 4 -feet screen with ninety percent (90 opacity year round shall be
provided along Shannon Parkway and CSAH 42 by using a combination of
landscaping and berming; berming slopes shall not exceed a 3:1 ratio. Exceptions to
Chippendale/42 Partnership
Page 3 of 10
this screen shall be permitted for certain features, including but not limited to, site
triangles, sidewalks and drainage.
2. All loading /unloading and waste containment areas shall be fully screened with a
wall material the same as the commercial building; a solid gate shall also be used
for access to the waste area; landscaping should enhance the screening measures at
appropriate locations.
F. Architecture, Lighting and Signage.
Individual project architecture shall meet the guidelines as identified in the Architectural
Guidelines by CNH Architects dated June 7, 1996 with the exception that lap siding is not
permitted and all wall surfaces shall be faced with brick at a minimum of fifty percent
(50 of non glazed facades. A detailed lighting and signage plan shall be approved
separately for the complete PUD and individual projects.
G. Street Design.
1. Streets rights -of -way and curb -to -curb widths shall be based on the standards as
prepared by Damon Fabor Associates dated June 18, 1996 as follows:
a. Claret Avenue north of 151st Street, 80 -feet wide right -of -way, 24 -feet wide
street each way with center median (16 -feet wide) and boulevards (8 -feet
wide), no parking both sides.
b. Claret Avenue south of 151st Street, 60 -feet wide right -of -way, 32 -feet wide
street, parking both sides.
c. Crestone Avenue and Cimmaron Avenue, 66 -feet wide right -of -way, 36 -feet
wide street with boulevards (10 -feet wide with sidewalk and 15 -feet wide
without sidewalk).
d. 151st Street, 80 -feet wide right -of -way, 40 -feet wide street with boulevards
(14 -feet wide).
H. Setbacks, Lot Dimensions, Height and Lot Coverage.
1. Minimum setbacks:
a. 30 feet from Shannon Parkway and CSAH 42 for structures, parking lots and
driveways, except 20 feet minimum with 30 feet average setback for parking
lots and driveways along CSAH 42.
Chippendale /42 Partnership
Page 4 of 10
b. 30 feet from 151 Street for structures; 20 feet for parking lots and
driveways.
c. 30 feet from Crestone, Claret and Cimmaron Avenues for structures, 15 feet
for parking lots and driveways.
d. 15 feet from other properties within the PUD for structures; 0 feet for
parking lots and driveways.
e. All other structures, parking lots and driveways shall be no less than the
minimum setback criteria specified in Section 7.1 of Ordinance B.
2. Lot dimensions:
a. Minimum lot area 1 acre, subject to future site plan reviews
3. Maximum building height:
a. Principal structures 35 feet
b. Accessory structures 30 feet
4. Maximum lot coverage 75 which includes structures, paved parking areas and
other impervious surfaces, subject to Concept Plan adjustments.
I. Permitted Uses.
Uses permitted shall follow future zoning designation, which is intended to be C-4,
General Commercial, as identified in Section 6.13 of Ordinance B with restrictions to all
auto oriented sales /service establishments and outdoor display of merchandise west of
Crestone Avenue. Normal hours of operations shall be limited to 6:00 a.m. to 11:00 p.m.
for businesses operating in the two lots adjacent to Shannon Parkway.
III. Residential Planned Use Development:
All residential development shall meet the following performance standards. Where a specific
standard is not addressed herein, the appropriate land use regulation of the City Code shall
apply.
A. Vehicle Access.
1. One future north -south public Street (Claret Avenue) and one future east -west public
Street (151st Street) shall be platted and constructed to serve this residential
development. All other residential streets shall be private.
Chippendale/42 Partnership
Page 5 of 10
2. All additional future private street accesses to the two (2) public streets shall be
designed and approved as part of further site plan reviews in accordance with the
Concept Plan.
3. Claret Avenue shall maintain a minimum 250 feet spacing from centerline to
centerline along 151st Street.
B. Pedestrian Access.
Sidewalks (5 -feet concrete) shall be installed along the east side of Claret Avenue, the
south side of 151st Street, and along one side of the main private streets within the
residential areas. A bituminous path (8 -feet) shall be installed from the public park path to
Chippendale Avenue.
C. Parking.
Parking shall meet the corresponding parking standards as identified in Section 8 of the
Zoning Code to be reviewed at the time of site plan review.
D. Landscaping.
Street and project landscaping shall meet the minimum standards as prepared by Damon
Farber Associates dated June 18, 1996. However, future residential projects will be
reviewed in more detail under the site plan review process.
E. Street Design.
Street rights -of -way and curb -to -curb widths shall be based on the standards as prepared by
Damon Farber Associates dated June 18, 1996 as follows:
1. Claret Avenue south of 151st Street, 60 -feet wide right -of -way, 32 -feet wide street.
2. 151st Street, 80 -feet wide right -of -way, 40 -feet wide street with boulevards (14 -feet
wide).
3. Private street width to be determined at time of site plan review.
F. Setbacks, Lot Dimensions, Height, Lot Coverage and Density.
1. Minimum setbacks:
a. 30 feet from 151st Street, Shannon Parkway and Chippendale Avenue for all
structures.
Chippendale/42 Partnership
Page 6 of 10
b. 30 feet from Claret Avenue for all structures.
c. To be determined for the private streets at time of site plan review.
2. Height shall be limited to 35 feet for all structures.
3. Maximum gross density 6.0 dwelling units per acre.
G. Permitted Uses.
Uses permitted in the residential areas shall follow future zoning designation, which is
intended to be R -2, Single Family Attached, as identified in Section 6.7 of Ordinance B.
IV. Conditions fig- OveralU'lanned Unit Development:
A. Proposed Streets.
Claret Avenue shall be spaced a minimum of 250 feet from centerline to centerline at the
off -set along 151st Street.
B. Agreement and Amendments.
1. The conditions of this Mixed Use Planned Unit Development shall be secured by this
Agreement between the City and the property owner. If development has not
commenced within two (2) years of October 1, 1996, then it shall become null and
void.
2. Major changes to the Concept Plan and/or the above stated criteria will be reviewed
by the Planning Commission with approval by the City Council, including such
items as the public street locations, building location changes beyond 60 feet,
building size changes of twenty percent (20%) or more, overall green space,
ponding and park configurations, and housing density.
3. The Developer is responsible for disclosure and must provide a copy of this
Agreement to all purchasers of lots or buildings within the Mixed Use Planned Unit
Development.
2. Administrative Provisions.
A. The Developer represents to the City that to the best of its knowledge, the Plat complies
with all City, county, metropolitan, state and federal laws and regulations, zoning
ordinances, and environmental regulations. If the City determines that the Plat does not
comply, the City may, at its option, refuse to allow construction or development work in
Chippendale/42 Partnership
Page 7 of 10
the Plat until the Developer does comply. Upon the City' s demand, the Developer shall
cease work until there is Compliance.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
D. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third
parties.
E. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
F. This Agreement shall run with the land and shall be recorded by the Developer against the
title to the property. After the Developer has completed the work required of it under this
Agreement, at the Developer's request, the City will execute and deliver to the Developer
a release.
G. Each right, power, or remedy herein conferred upon the City is cumulative and in addition
to every other right, power, or remedy, express or implied, now or hereafter arising,
available to the City, at law or in equity, or under any other Agreement, and each and
every right, power, and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and
shall not be a waiver of the right to exercise at any time thereafter any other right, power,
or remedy.
H. The Developer may not assign this Agreement without the written permission of the City
Council except that the Developer may assign this agreement and the obligations under it to
any subsequent owner or successor of any part of the plat.
I. Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at
the following address: Chippendale /42 Partnership, 15055 Chippendale Avenue South, Box
439, Rosemount, Minnesota 55068. Notices to the City shall be in writing and shall be
either hand delivered to the City Administrator or mailed to the City by registered mail in
Chippendale/42 Partnership
Page 8 of 10
care of the City Administrator at the following address: Rosemount City Hall, 2875 145th
Street West, Box 510, Rosemount, MN 55068, Attn: City Administrator.
J. Any amendments to this Agreement shall be in writing and executed by both parties.
K. This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
CITY OF ROSEMOUNT
By:
By:
By:
Cathy Busho, Mayor
Susan M. Walsh, City Clerk
CHIPPENDALE /42 PARTNERSHIP
Michael J. McNamara, a general partner
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
1996 by Cathy Busho, Mayor, and Susan M. Walsh, City Clerk, of the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
Chippendale/42 Partnership
Page 9 of 10
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
1996 by Michael J. McNamara, a general partner of CHIPPENDALE /42
PARTNERSHIP, a Minnesota general Partnership, on behalf of the Partnership.
Drafted By:
City of Rosemount
2875 145th Street West
P. 0. Box 510
Rosemount, MN 55068
Notary Public
Chippendale /42 Partnership
Page 10 of 10
MEMORANDUM
DATE: July 17, 2008
TO: Eric Zweber, Senior City Planner
CC: Kim Lindquist, Community Development Director
Andrew Brotzler, City Engineer
Kathie Hanson, Planning Department Secretary
FROM: Morgan Dawley, Project Engineer
RE: Fairview Clinic Lot Split and Site Plan Review
4 ROSEMOU
PUBLIC WORKS
Upon review of the Fairview Clinic Site Plans provided for review by Yaggy Colby Associates and
WCL Associates on behalf of Fairview and McRoberts Real Estate Development, the Engineering
Department offers the following comments:
General Comments:
1. 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.
2. A Storm Water Pollution Prevention Plan (SWPPP) shall be provided for review prior to the
release 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.
4. The watermain and sanitary sewer crosses both lots; drainage and utility easements shall be
dedicated over the utilities.
5. The watermain on the northeast corner of the property shall be encompassed by a 15 -foot
wide drainage and utility easement and the monument sign footings located outside the
easement.
6. A shared access easement shall be dedicated at the north entrance to Lots 1 and 2.
7. More information regarding phasing of utility and site improvements for Lots 1 and 2 shall
be provided. For example, it is not clear if all utilities on Lot 2 are intended to be
constructed at this time or in the future.
G: \2008 \Planning Cases \08- 25 -FDP Fairview Clinic (McRoberts Dev) Final Development Plan EngMemo_Fairview_07172008.doc
r airview Ammc ■s Im e e p
No.
Item
Cost
Calculation 2008 Fee Rates
1
GIS Fees
300.00
$300 for lot split
2
Sanitary Sewer Trunk Charge
1182.50
$1075 /acre 1.1 acres
3
Watermain Trunk Charge
5346.00
$4860 /acre 1.1 acres
4
Storm Sewer Trunk Charge
7331.50
$6665 /net developable acre 1.1 acres
Sewer Connection Fees (SAC)
SAC Units are calculated by MCES
5
MCES Fee
1825 /SAC Unit
6
City Fee
1200 /SAC Unit
7
Water Connection Fee (WAC)
29,500.00
Assumes 6" meter $29,500
8
Storm Connection Fee (STAC)
2420.00
$2200 /acre 1.1 acres
Total
46,080.00
Does not include SAC TBD by MCES
8. Curb and gutter along all of the northern Private Drive shall be constructed with Lot 1
improvements.
9. 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.
10. 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.
11. 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):
t' t d D veto ment Fees (d at buildin permit
Storm Water Management General Comments:
1. The emergency overflow freeboard requirements to the low floor elevation of Lot 1 and 2
do not meet the 1.0' minimum including adequate capacity in the overflow section. The
emergency overflow from the site should provide 1.5' freeboard below the low building
opening elevation. It is recommended that the knoll south of CB 8 on the south side of the
site be removed from the design and an emergency overflow route be established.
Storm Sewer Design Calculations Detailed Comments:
1. The East and West Storm sewer design contains pipe lengths, invert elevations, and pipe
diameters that do not correspond to the storm sewer schedule on the Utility Plan sheet C -3.
The design calculations and plan data should correspond. The updated design calculations
that correspond to the plans should be forwarded for review.
2. The 10 -year event rainfall intensities used in the design calculations are outdated for use in
the City of Rosemount. Updated rainfall intensities tables have been forwarded to the
developer's engineer to use in the storm sewer design. Updated design calculations should
use the current rainfall intensities.
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3. The East storm sewer design routing of drainage area 2 (east building) should be directed to
manhole 4. The total areas and summation of the CA values should be updated to each
structure.
4. The East storm sewer design calculations should include the total area and flow rate at MH
4. The storm sewer capacity from MH 4 to the existing MH in Cimmaron Avenue should be
included in the design calculations.
5. The subbasin drainage area identification to MH 4 should be corrected in the table on the
drainage area delineation map.
Grading Plan Sheet C -2 Detailed Comments:
1. The emergency overflow elevations should be shown on the grading plan.
1. Include City Standard Detail Plate for construction of Cimarron Avenue sidewalk pedestrian
ramp to north.
2. The site appears to have two entrances on the west side that could be used as construction
entrances. If the entrances are used during construction they should have the appropriate
BMP, i.e. rock construction entrances.
Utility Plan Sheet C -3 Detailed Comments:
1. The storm sewer structure schedule should indicate the casting type for each catch basin and
manhole.
2. All utility crossings should be verified for vertical clearance and separation. Two examples
include watermain crossing the sanitary sewer from MH C to MH B, and the watermain
crossing the storm sewer between MH 7 and CB 8.
3. The pipe directions at MH 11 should be verified in the storm sewer schedule.
4. A pipe bedding detail should be included in the plans for the HDPE pipe.
Should you have any questions or comments regarding the item listed above, please contact me at
651 322 -2022.
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4 ROSEMOUNT
PARKS AND RECREATION
M E M O R A N D U M
To: Kim Lindquist, Acting City Administrator
Eric Zweber, Senior Planner
Jason Lindahl, Planner
Andy Brotzler, City Engineer
Morgan Dawley, Project Engineer
From: Dan Schultz, Parks and Recreation Director
Date: July 17, 2008
Subject: Fairview Clinic Lot Split Application and Final Development Plan
The Parks and Recreation Department has reviewed the submittal for the Fairview Clinic Lot Split
and Final Development Plan and is providing the following comment:
Staff recommends that the City collect cash dedication for the two commercial lots
being created. Staff recommends that we collect $9,900 for the 1.1 acre lot that the
Fairview Clinic will be built on and that the cash dedication for the remaining 1 acre
lot is paid prior to receiving a building permit based on the fees in place at the time
of the payment.
Please call me at 651 322 -6012 if you have any questions about this memo.
G:\2008\Planning Cases \08- 25 -FDP Fairview Clinic (McRoberts Dev) Final Development PIan\ParksMemo_07172008.doc
EXCERPT FROM MINUTES
PLANNING COMMISSION REGULAR MEETING
JULY 22, 2008
5.b. Fairview Clinic (McRoberts Dev) Lot Split and Final Development Plan (08- 25 -FDP,
08- 26 -LS). McRoberts Real Estate Development has submitted an application on behalf of
Fairview Clinics to construct an approximately 10,000 square foot medical clinic on a parcel
located on the northwest corner of 151' Street West and Cimarron Avenue. To accommodate
this construction, McRoberts is proposing to split the 2.11 acre lot into two approximately 1 acre
lots. The second lot has a concept layout to show how it can be developed to accommodate a
9,600 square foot commercial building, but the applicant is not requesting approval of the second
lot at this time. Senior Planner Zweber reviewed the staff report and proposed plans of the
project.
The Applicant, Ian McRoberts, of McRoberts Real Estate Development, brought revised plans
changing some items pursuant to staff's requested conditions. Paul Dahl, of WCL Associates,
Inc., the architect of the project showed new plans that included the following revisions: the
removal of the wall sign; trash enclosure will be of brick material similar to the main building; and
the previous elevation showed the building one foot higher than it needed to be so they made that
revision.
Chairperson Messner asked the Applicant if they understood all of the remaining conditions
including the landscaping conditions and the Applicant replied that they were in agreement with all
conditions.
The public hearing was opened at 6:58p.m.
Myron Napper, 145 Street East, approached the Commission and asked if there was adequate
parking for a medical clinic. Chairperson Messner reviewed the parking requirements pursuant to
the size of the building and stated the applicant actually has four extra spaces than what is
required.
MOTION by Howell to close the public hearing. Second by Schwartz.
Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:OOp.m.
Chairperson Messner stated that it has been a long time coming that the City of Rosemount
have a medical clinic and he commended the applicants for moving forward with the project.
MOTION by Messner to recommend approval of the Planned Unit Development Final
Development Plan, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum dated July 17, 2008.
2. Compliance with the Park and Recreation Director's Memorandum dated July 17, 2008.
3. The trash enclosure shall be faced with bricks that are identical to those used in the
exterior of the medical clinic.
4. Boulevard trees shall be planted along the Lot 1 frontage within the private street at a
spacing of one tree per 50 feet.
5. Additional foundation plantings shall be installed to fill the southern fac of the
building and wrap around the western corner of the building.
6. All wall signage shall be channel letters.
7. Removal of the wall sign on the south fac facing the residents south of 151' Street
West.
8. Lights within the parking lot shall be cut -off style fixtures.
Second by Howell.
Ayes: 4. Nays: None. Motion approved.
MOTION by Howell to approval of the Lot Split, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum dated July 17, 2008.
2. Recording of a joint access easement and agreement to allow Lot 1 and Lot 2 to share
their parking lots and accesses.
3. Recording of a utility easement and agreement on Lot 1 and Lot 2 to allow for the
construction and maintenance of the joint utility service as proposed.
Second by Schwartz.
Ayes: 4. Nays: None. Motion approved.
As follow -up, Mr. Zweber stated these items will go before the City Council at the regular
meeting on August 19, 2008.
3fN3nV NO21�IVW
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