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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 a a aW zo y= t Vms _1 7 9 U CJ c.,- V< U 4 c,UZ Z W ,o i Oo III E• oOWa� r ci: p =z °z om a I /1 1 1 1 1 01Ni I inUaa W55 01 3. 11 #iR �k A 3a i'st'tt 7 �7t� rz 'g dItRE s��z s YYY CIMMARO/IJ AVENUE O 00 L'O 2 g i O >-U< M U f1 p 2 10 E A c o Q u AVM /0 _j yUGy O Swi I o m H t. 7.) a E 's hyt' 1 11 a. aal 1 11 a 1 s 1 1 1 a e E 1 .1 la 1" if O *0 U 1 tS S 22 a &$d v >-U m U !d� �J p 1. 11 1 11 1 r it 1" 1 1 11 1 0 CJ C!MMARON AVENUE 5 V m U -111111•111111.1111000-4_„. willik, 1 AO i 'at; iiel. Wit AA I V L r lJ 1 1 1 1 1 1 PEE ant iii 111 19• I 1 E s 4 1 1 1 E i 1 4 1 4 a 1 1 e 1 1 1 1 1 1 1 A. lI 1 1 1 1 i 1 1111 M1.Ff.A ti.f. .1 1 D 1 a 1 E 5 'J N li 0 J J J J A x: J =J �!k it )0 CO _op_ A j A .AA 2 2 A j j j j j AA j r. k k i 0 7 J Ue w NLLi Y W �8sm O E m V O o O x m w c yay �g i o ul a rx7 2 11 1 v m (D o U< llldS 101 a3S0d021d VIOS3N N I W 'IN f1OW 3SON 2131N3D 39V 1A 1N(lOW3S021 l)IDOlB'b101 w 0 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. G: \2008 \Planning Cases \08- 25 -FDP Fairview Clinic (McRoberts Dev) Final Development Plan \EngMemo_Fairview_07172008.doc 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. G: \2008 \Planning Cases \08- 25 -FDP Fairview Clinic (McRoberts Dev) Final Development Plan\EngMemo_Fairview 07172008.doc 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 0