HomeMy WebLinkAbout11.a. Hillcrest Homes - Washington Heights Preliminary Plat for Outlot C, McNamara AdditionCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: August 7, 2001
AGENDA ITEM: Hillcrest Homes — "Washington Heights" AGENDA SECTION:
Preliminary Plat for Outlot C, McNamara New Business
Addition
PREPARED BY: Rick Pearson, City Planner AGENDA 90,#11
ATTACHMENTS: Draft Resolution, Preliminary Plat Reductions, APPROVED Y:
P.C. Minutes (7- 10 -01), Memo, PUD Artists �
Rendering. PUD Agreement _7:�
Applicant: Chris Deanovic of Washington Heights Development
Location: "Outlot C" McNamara Addition, between CSAH 42, 151
Street West, Crestone
and Cimarron Avenues
Property Owner(s): Chippendale 42 Partnership
Area in Acres: 7.39 acres
Number of Lots: 5
Comp. Guide Plan Desig: Commercial
Current Zoning: C -4, General Commercial
Planning Comm. Action: Recommendation of approval (4 -0)
SUMMARY
The proposed Preliminary Plat creates five separate lots for commercial development oft the
last remaining
vacant land in the Chippendale 42 Partnership Planned Unit Development. This review is
intended to show
how the overall site functions for buildings, parking and circulation. Site Plan review will
be required as a
separate review when businesses have committed to lease /purchase individual sites. Staff's
review is also
intended to ensure that the preliminary plat is consistent with the concept PUD. A PUD a
nendment would
otherwise be required. Lastly, a final plat will be required to record the separate lots. ApI
roval of the
Preliminary Plat does set the expectation the final plats will be approved.
The attached memo provides details concerning the preliminary plat.
PLANNING COMMISSION PUBLIC HEARING
Five neighboring property owners attended and spoke at the required public hearing. Most
of the comments
concerned the need for screening landscaping along the south side of the development to
mitigate the
commercial from residential use. Lighting was also an issue. The landscape requirement
of the PUD were
explained. There will still have to be a site plan review process for the buildings if they are
consistent with the
PUD. Otherwise, a PUD amendment would be required similar to the Cub Foods process
After some
discussion, the Commissioners adopted a motion to recommend approval with added reco
ended conditions
concerning sidewalks, the existing curb cut and lighting.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the Preliminary Plat for Washington Heights 1 st Iddition.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2001-
A RESOLUTION APPROVING
PRELIMINARY PLAT FOR
WASHINGTON HEIGHTS 1 ST ADDITION
WHEREAS, the Community Development Department of the City of ]
application from Washington Heights Development for approval of the
Washington Heights I" Addition; and
WHEREAS, on June 26, 2001, the Planning Commission of the City of Ro
the Preliminary Plat for Washington Heights 1S` Addition and recommended
conditions; and
WHEREAS, on August 7, 2001, the City Council of the City of Rosemount i
Preliminary Plat for Washington Heights 1 Addition.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
approves the Preliminary Plat for Washington Heights I" Addition, subject to
1. Adjusting lot boundary lines to split traffic lanes or parking islands only.
2. Dedication of cross - access easements between all of the lots for mainten,
private driveway and shared parking.
3. Incorporation of recommendations by the Interim City Engineer relative
easements, grading, streets and utilities.
4. Compliance with architectural, landscaping and signage standards specif
Chippendale Partnership Planned Unit Development Agreement and rela
of which still apply).
5. Payment of all fees related to platting as specified in the current fee sche
final plat.
6. Conformance with the requirements of Ordinance B the zoning ordinanc,
plan review and PUD Amendments as necessary.
7. Utilization of installed curb cut and apron on Claret Avenue.
8. Sidewalks around the entire perimeter of the site and sidewalk connectio:
the building pads.
9. Lighting consistent with the neighborhood surrounding the development
received an
✓ Plat for
reviewed
1, subject to
the
semount hereby
and use of the
drainage,
in the
documents (all
at the time of
for final plat, site
. to the interior of
Resolution 2001-
ADOPTED this 7' day of August, 2001, by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:_
Member absent:
Seconded by:
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Planning Commission
Regular Meeting Minutes
July 10, 2001
Page 2
Chairperson Caspar opened the public hearing.. There were no comments.
MOTION by Arveson to close the public hearing. Seconded by Caspar. Ayes: Napper,
Caspar, Weisensel, Arveson. Nays: 0. Motion carried.
Commissioners reviewed parking setbacks and landscaping.
MOTION by Caspar to approve the site plan for Crosscroft clubhouse subject to: 1) All
parking be provided no less than twenty feet (20') from all property lines which adjoin a
public street; and 2) Conformance with all applicable building and fire codes. Seconded
by Weisensel. Ayes: Caspar, Weisensel, Arveson, and Napper. Nays: 0. Motion
carried.
Public Hearin: Washington Heights Preliminary Plat -
Chairperson Caspar confirmed that the recording secretary has placed the Affidavit of
Mailing and Posting of a Public Hearing Notice and Affidavit of Publication concerning
the public hearing on the application by Washington Heights for a preliminary plat for
Outlot C, McNamara Addition.
Mr. Pearson presented the preliminary plat proposed for approximately 7 acres located
between Cub Foods and Goodyear, between CSAH 42 and 151 St. Five lots are
proposed. No additional driveways are allowed from CSAH 42 or 151 St.
Mr. Pearson reviewed the internal traffic circulation and indicated that sufficient parking
is provided. Staff recommends that the requirements of the PUD remain in place. The
lot boundary lines must be adjusted to be located in the traffic lanes or parking islands
rather than through parking spaces. The developer has agreed to this adjustment. Two
additional conditions of approval are recommended, including utilization of installed curb
cut and apron on Claret Avenue, along with installation of sidewalks around the entire
perimeter of the site and connections to the interior of the building pads.
Chairperson Caspar confirmed that the applicant had not yet arrived.
Chairperson Caspar opened the public hearing.
Stein Bruch 15142 Cimarron Avenue, represented the homeowners association for Claret
Springs Village. Mr. Bruch stated there should be no expectation by the developer for
amendments to the PUD such as Cub received. He does not believe landscaping
requirements behind Cub and Goodyear have been met. The residents want a berm with
trees rather than a brick wall for screening. He asked that sufficient space be left behind
the buildings to allow for landscaping.
Planning Commission
Regular Meeting Minutes
July 10, 2001
Page 3
Tracy Morgan 14950 Colorado Avenue, inquired about the hours of operation. He is
concerned with the design of the back of the buildings and garbage storage.
Sherri Wisdorf 15127 Cimarron Court, inquired about landscaping and the ponding area
between Goodyear and 151 St. Mr. Pearson described landscaping expectations.
Terese Sweitzer 15101 Cimarron Avenue, doesn't want to look out her window or
second floor deck and see the backs of retail stores. She is concerned about the
sufficiency of landscaping, garbage odors, semi traffic, noise control, and hours of
operation.
Evelyn Lozraities 15123 Cimarron Court, commented on the bright lights at Goodyear.
She is concerned with landscaping, hours of operation, and traffic.
Stein Bruch added that the architectural design of the buildings is a concern to the
residents.
MOTION by Arveson to close the public hearing. Seconded by Weisensel. Ayes:
Weisensel, Arveson, Napper, and Caspar. Nays: 0. Motion carried.
Commissioners reviewed landscaping requirements. Mr. Pearson addressed questions
concerning the hours of operation. He explained the city does not control hours of
operation, except in the PUD where Walgreens and the daycare fronting Shannon
Parkway are limited to 11:00 p.m. Cub will be a 24 hour operation.
Mr. Pearson explained in further detail the process for review and approval of each
separate building. The proposal is for three restaurants and two retail businesses. Any
change to this proposal would require a public hearing.
Traffic circulation was discussed. Mr. Pearson explained the limitations placed by the
county on access to CSAH 42.
Commissioner Arveson commented on the small size of Lot 1. Mr. Pearson responded
that the lot meets the minimum lot size requirement. Parking and greenspace standards
would be met.
Chairperson Caspar acknowledged the arrival of Chris Deanovic of Washington Heights,
the applicant. Mr. Deanovic explained the developer's goal to stay within the PUD. He
summarized the anticipated retail uses.
MOTION by Caspar to recommend that the City Council approve the Washington
Heights 1` Addition Preliminary Plat subject to: 1) Adjusting lot boundary lines to split
traffic lanes or parking islands only; 2) Dedication of cross - access easements between all
Planning Commission
Regular Meeting Minutes
July 10, 2001
Page 4
of the lots for maintenance and use of the private driveway and shared parking; 3)
Incorporation of recommendations by the Interim City Engineer relative to drainage;
easements, grading, streets and utilities; 4) Compliance with architectural, landscaping
and signage standards specified in the Chippendale Partnership Planned Unit
Development Agreement and related documents (all of which still apply); 5) Payment of
all fees related to platting as specified in the current fee schedule at the time of final plat;
6) Conformance with the requirements of Ordinance B the zoning ordinance for final
plat, site plan review and PUD Amendments as necessary; 7) Utilization of installed curb
cut and apron on Claret Avenue; 8) Sidewalks around the entire perimeter of the site and
sidewalk connection to the interior of the building pads; and 9) Lighting consistent with
the neighborhood surrounding the development. Seconded by Arveson. Ayes: Arveson,
Napper, Caspar, and Weisensel. Nays: 0. Motion carried.
Old Business: None.
New Business: None.
Director's Report: None.
There being no further business to come before this Commission, upon MOTION by
Caspar and upon unanimous decision, the meeting was adjourned at 7:40 p.m.
Respectfully submitted,
Dianne G. Quinnell
Recording Secretary
FROM:
DATE:
ax
Rick Pearson, City Planner
July 5, 2001
ROSEMOU NT
Coming Up Rosemount!!
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651-423-4411
Hearing Impaired 651 - 423.6219
Fax: 651 - 423 -5203
Washington Heights Preliminary Plat - July 10, 2001 Regular Meeting Reviews
BACKGROUND AND PROCESS
On March 4, 1997, the Property Owners and the City executed a PUD Agreement, which set the
framework for the development between CSAH 42 and 151 Street, Rosemount National Bank
and Shannon Parkway. The resulting development included Walgreens, Kindercare, Goodyear,
Shenanigan's, Cub Foods, two Wensmann townhouse projects, and a city park. All of the
projects were consistent with the PUD except Cub Foods.
This preliminary plat focuses on the remaining undeveloped outlot, Outlot C between Cub Foods
and Goodyear. This step shows how the 7.39 acres can support five buildings and their
associated parking, circulation and landscaping.
Subsequent steps will require the applicant/developer to final plat the individual lots for
recording at the county, and go through the site plan review process for each building /lot.
Conformance with the PUD is required. Otherwise, the PUD would have to be amended to
accommodate significant change in the overall character of the PUD. A separate public hearing
with the Planning Commission and City Council approval would be required. Cub Foods is an
example of an amendment to the PUD.
PLANNED UNIT DEVELOPMENT
As a result of the Cub Foods amendment, the PUD concept anticipates two free - standing
restaurants along CSAH 42 and a strip retail center along 151 Street West. The preliminary plat
indicates three restaurants (two sit -down and a fast food) along CSAH 42 and two strip retail
centers along 151 Street West. While the arrangement and distribution is somewhat different,
the overall character of land uses and relationships remains intact with the approved concept.
Since the process is the same, the approval of the preliminary plat will acknowledge the
refinement of the concept. The approval resolution will include a recommendation, which
specifies conformance with the commercial elements of the concept PUD as it relates to
architectural, landscaping, signage and other relevant design issues.
PRELIMINARY PLAT DESIGN
The preliminary plat area shows five buildings, including three restaurants that back up to CSAH
42 and two retail buildings that back up to 151 st Street West. Access to the local streets occurs at
TO: Planning Commission
mid block to Claret and Cimarron Avenues via a shared private drive. Cross - access easements
with shared parking will be a recommendation especially as it relates to the private driveway.
The lot design could use refinement, however. Indicated parking is sufficient relative to the uses.
However, the lot lines split parking along the striping pattern in some cases. The result is an
occasional lack of cohesion of parking and businesses. All of the lots have frontage on the public
streets or highways, thus meeting the Commercial lot frontage requirements.
RECOMMENDATION
Motion to recommend that the City Council approve the Washington Heights 1 St Addition
Preliminary Plat subject to:
1. Adjusting lot boundary lines to split traffic lanes or parking islands only.
2. Dedication of cross - access easements between all of the lots for maintenance and use
of the private driveway and shared parking.
3. Incorporation of recommendations by the Interim City Engineer relative to drainage,
easements, grading, streets and utilities.
4. Compliance with architectural, landscaping and signage standards specified in the
Chippendale 42 Partnership Planned Unit Development Agreement and related
documents.
5. Payment of all fees related to platting as specified in the current fee schedule at the
time of final plat.
6. Conformance with the requirements of Ordinance B the zoning ordinance for final
plat, site plan review and PUD Amendments as necessary.
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CHIPPENDALE MIXED USE DEVELOPMENT SITE
CONCEPT PLAN
PUD PROPOSAL
CITY OF, ROSEMOUNT, MINNESOTA
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iJ JUNE 1996
Planned Unit Development Agreement Final
CHIPPENDALE 42 PARTNERSHIP
TEas AGREEMENT dated this 4th day of -March-- 1997, by and between the CITY
OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and CEaPPENDALE 42
PARTNERSffiP, a Minnesota general partnership, 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 (PUD) 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.
The City, through this Agreement, approves the Mixed Use Planned Unit Development upon the
following conditions.
I. Concept Plan:
The term "Concept Plan" used herein shall refer to the Concept Plan drawing by Damon Faber
Associates dated August 16, 1996, a copy of which is on file with the Rosemount Community
Development Director.
The Concept Plan is intended to be a 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 and final plats 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 the Walgreen's site at the
most northwesterly corner of the plat), future site plans will be reviewed in accordance with
Section 14.4 of Ordinance B, City of Rosemount Zoning Regulations; future site plans and plats
will be reviewed for conformance with the Concept Plan and this Agreement.
II. Commercial Planned Use Development:
All commercial development shall comply with the Concept Plan and meet the following
performance standards. Where a specific standard is not addressed herein, the land use
regulations of the City Code for the C -4 Zoning District shall apply.
A. Vehicle Access.
1. One private unrestricted access will initially be allowed on Shannon Parkway at least
295 feet from the southerly edge of the ROW of CSAH 42. No further cross access
shall be permitted between the west and east halves of the most western block (west
of Crestone Avenue) other than access for delivery vehicles to the rear of buildings.
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, and access to Shannon Parkway may be restricted or closed
by the City for documented traffic circulation or safety reasons at a future date.
2. Three (3) future north -south public streets and one (1) future east -west public street
shall be platted and constructed at the Developer's expense 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 (right- in/right-
out, left turn), and Crestone and Cimmaron Avenues (right - in/right -out) as approved
by Dakota County.
4. All future private accesses to local streets shall be designed and approved as part of
future 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.
6. Appropriate easements shall be recorded for the Walgreens and daycare lots south of
the Walgreens site providing for permanent access for the Walgreens site to 151st
Street. These easements shall be recorded with the final plat.
B. Pedestrian Access.
1. Sidewalks (5 -feet concrete) shall be installed at the Developer's expense 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; and (d) the north and south sides of
151 st Street. 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 a concrete sidewalk on the south side of
CSAH 42 will be further analyzed by the City in relationship to cost, revenues and
desirability; the City will pay any cost differential for concrete versus bituminous
material.
Chippendale /42 Partnership
Page 2 of 12
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.
Each development project shall meet the corresponding parking standards as
identified in Section 8 of Ordinance B, City of Rosemount Zoning Regulations.
Consideration of parking requirement reductions will be made by the City based on
provisions for shared parking among multiple tenants and/or other related factors
that impact parking demand, with reciprocal enhancements made to green space
above minimum requirements.
2. Landscaped islands at the end of parking aisle shall be designed and approved as
part of future site 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 green space.
D. Landscaping.
Street and project landscaping shall meet the minimum standards as prepared by
Damon Farber Associates dated June 18, 1996, a copy of which is on file with the
Rosemount Community Development Director. In addition, the following conditions
are incorporated:
a. A minimum of twenty-five percent (25 %) of the total commercial PUD area
shall be landscaped. Variations for lesser amounts may be permitted for
individual site development, provided that adequate assurances are provided
that at least 25 % of the total commercial PUD area will be landscaped.
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 all building
perimeters shall be landscaped with a minimum 3 -feet wide planting area.
Variations for lesser amounts may be permitted for individual site
development, provided adequate assurances are provided that at least fifty
percent (50 %) of the total building perimeters will be landscaped.
Chippendale /42 Partnership
Page 3 of 12
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 four (4) feet screen with ninety percent (90 %) opacity year round shall
be provided along Shannon Parkway north of 151st Street and along CSAH 42 by
using a combination of landscaping and berming; berming slopes shall not exceed a
3:1 ratio. Exceptions to this screen may be permitted for certain features, including
but not limited to, site triangles, sidewalks and drainage.
2. All 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, a copy of which is on file with the
Rosemount Community Development Director, with the exception that lap siding is not
permitted. Fifty percent (50 %) of the unglazed portion of each facade shall be faced with
brick. Lighting and signage plans shall be approved for each project after considering
corresponding plans for the Plat.
G. Street Design.
1. Streets rights -of -way and curb -to -curb widths shall be based on the standards as
follows:
a. Claret Avenue north of 151st Street, 80 -feet wide right -of -way, 24 -feet wide
street each way, or as approved by Dakota County, with center landscaped
median (16 -feet wide), no parking both sides.
b. Claret Avenue south of 151 st Street, 60 -feet wide right -of -way, 32 -feet wide
street, parking both sides.
Chippendale /42 Partnership
Page 4 of 12
C. Crestone Avenue and Cimmaron Avenue, 66 -feet wide right -of -way, 36 -feet
wide street.
d. 151st Street, 80 -feet wide right -of -way, 40 -feet wide street..
e. Shannon Parkway, 100 -feet right -of -way north of 151st Street and 85 -feet
right -of -way south of 151st tappering to 80 -feet at the point of curve
approximately 200 -feet south of 151st Street; future street design plans may
require additional right -of -way north of 151st Street.
H. Setbacks, Lot Dimensions, Height and Lot Coverage.
I. Minimum setbacks:
a. 30 feet from Shannon Parkway and CSAH 42 for structures. 30 feet from
Shannon Parkway for parking lots and driveways. 20 feet minimum with a
25 feet average setback for parking lots and driveways along CSAH 42.
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 further site plan reviews in accordance with the
Concept Plan.
I. Permitted Uses.
Chippendale /42 Partnership
Page 5 of 12
Uses permitted shall be those identified in zoning district C -4, General Commercial,
Section 6.13 of Ordinance B; provided that no auto - oriented sales /service establishments or
outdoor display of merchandise shall be permitted west of Crestone Avenue. Hours of
operations shall be limited to 6:00 a.m. to 10:00 p.m. for businesses operating in the
commercial lots adjacent to Shannon Parkway. Amendments to the C -4 zoning district
regulations within two (2) years of this Agreement shall not apply to this Plat.
J. Public Utilities.
1. Storm Drainage: The Walgreens site will require catch basins and appropriate
piping from 151 st Street to its parking lot. From that point the area will drain to the
O'Leary's Hills pond south of this site. The Rosemount National Bank site (the most
northeasterly lot in the Plat) will be temporarily allowed to drain to the wetland to
the west with appropriate easements submitted and will be required to connect to
storm drain in the 151st Street when that is constructed. A drainage easement from
CSAH 42 to the detention pond in the southwest corner of the Plat shall be vacated
once public storm water utilities are constructed to replace said easement. All storm
water detention ponds shall be constructed according to a schedule to be determined
by the City Public Works Director, and all storm drainage improvements shall be
constructed at the Developer's expense. The designated wetland shall be evaluated
for replacement according to a completed WCA Wetland Replacement Form.
2. Sanitary Sewer: The sanitary sewer to serve the Walgreens site will be as on the
revised plan from Engineer Jim Johnson of Bolton & Menk dated June 18, 1996, a
copy of which is on file with the Rosemount Public Works Director. This sanitary
sewer will be constructed at the Developer's expense and will provide service to all
properties west of the proposed Crestone Avenue and to the southwest townhome
development area (the area south of 151st Street and west of Claret Avenue
extended). This area will eventually flow to the Empire Treatment Plant. The
remainder of this site described as east of Crestone Avenue and east of the south leg
of Claret Avenue will be provided sanitary service at the Developer's expense to
flow to the Rosemount Treatment Plant.
3. Watermain: A 12 -inch watermain shall by contructed in the 151st Street alignment
from Shannon Parkway to Chippendale Avenue. The City will participate in one-
half (1/2) of the cost of oversizing it from an 8 -inch to a 12 -inch line. An
additional 12 -inch watermain shall be constructed from 151st Street north to the
proposed Walgreens along the north -south private drive, then east to Cimmaron
Avenue and south to 151st Street. All required watermains will be constructed at
the Developer's expense with the exception of oversizing as identified.
4. Lighting: All public streets will include typical lighting required by the City except
where the NSP decorative lighting ( "acorn" style) previously chosen by the City will
be required on both sides of Claret, Crestone and Cimmaron Avenues from CSAH
Chippendale /42 Partnership
Page 6 of 12
42 to 151st Street. Private internal streets shall follow a lighting plan for the PUD
as approved by the City. All lighting will be installed at the Developer's expense.
All residential development shall meet the following performance standards. Where a specific
standard is not addressed herein, the land use regulation applicable to the R -2 zone 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 at the Developer's expense to
serve this residential development. All other residential streets may be private.
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, including alignments with public streets where feasible.
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 at the Developer's expense 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. The City may require the construction of a bituminous
path (8 -feet) at the Developer's expense 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 following standards:
Chippendale/42 Partnership
Page 7 of 12
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.
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.
b. 30 feet from Claret Avenue for all structures.
C. Setbacks for structures from private streets shall be determined 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, based on the total land area
of Outlot E and Outlot F, McNamara Addition, minus any future commercial lot
area within Outlot F.
G. Permitted Uses.
Uses permitted in the residential areas shall be those identified in zoning district R -2,
Single Family Attached, Section 6.7 of Ordinance B.
H. Public Park.
The proposed public park, as identified in the Concept Plan, shall be platted and graded on
or before the platting and grading has been completed for townhome residential
development either west or east of Claret Avenue, whichever occurs first.
A. Final Platting.
The first final plat shall include the complete PUD area showing all public streets, utility
easements, and the remaining properties shown as outlots. The area to be final platted with
the PUD will include the Walgreens lot, the "daycare" lot (immediately south of the
Walgreens lot) and the Rosemount National Bank lot plus all right -of -way and utility
Chippendale /42 Partnership
Page 8of12
easements. The rights -of -way to be dedicated shall include Shannon Parkway, CSAH 42,
151st Street, Claret Avenue, Crestone Avenue, Cimmaron Avenue and Chippendale
Avenue. The easements to be dedicated include the O'Leary's Hills pond (in the southwest
corner of the site). The final plat should also include any other easements necessary for
public improvements required to serve the Walgreens site.
B. Proposed Streets.
151st Street will be built at the Developer's expense from Shannon Parkway to the east to a
point just east of the Walgreens and daycare center site's driveway with the public
improvements necessary for the Walgreens site. It is anticipated that the first townhome
area to develop will be the southwest corner of the site. When that is constructed, 151st
Street will be constructed from its terminus easterly to just east of Claret Avenue (the south
leg) and Claret Avenue will be constructed to the south to connect to the existing roadway.
When the easterly townhome area develops, 151st Street will be required to be constructed
to Chippendale Avenue. Any trails or sidewalks are to be constructed with the streets. Any
commercial development will require the construction of adjacent streets and connections
to CSAH 42 and 151st Street. If 151st Street is not yet constructed, it will be constructed
simultaneously. Turn lanes on CSAH 42 will be constructed concurrently with the
construction of Crestone, Claret and Cimmaron Avenues, including all trails and /or
sidewalks and appurtenant work necessary for the elimination of the ditch on the south side
of CSAH 42, and also including the turn lanes and elimination of the center median on
CSAH 42. The names of all public streets will be reviewed and assigned by the City. All
public and private streets will be constructed at the Developer's expense.
C. Agreement and Amendments.
1. 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 as PUD
amendments, including such items as the public street locations, building location
changes beyond 60 feet, building size changes of twenty percent (20 %) or more, a
reduction of total green space, ponding and park configurations, and housing
density.
2. 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.
Tak =11-a
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
Chippendale /42 Partnership
Page 9 of 12
comply, the City may, at its option, refuse to allow construction or development work in
the Plat until the Developer does comply.
B. Breach of the terms of this Agreement by the Developer, or any successor or interest, shall
be grounds for denial of building permits.
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 bind the Developer and aall future owners of
land within the Plat, 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
an appropriate partial release from this Agreement.
G. Each right, power, or remedy herein conferred upon the City or the Developer,
respectively, as the case may be, is cumulative and in addition to every other right, power,
or remedy, express or implied, now or hereafter arising, available to the City or the
Developer, 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 or the Developer
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
Chippendale /42 Partnership
Page 10 of 12
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
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: .' -1d * L.-z"j,
Cathy Bus
By:
S an M. W sh, City Clerk
CHIPPENDALE 42 PARTNERSHIP
B � . � * - �
Michael J. McN ara, a general partner
STATE OF X1U4 F,SOTA )
) SS
COUNTY OF DAKOTA )
r The foregoing instrument was acknowledged before me this _(Y____ day of _
C , 1997 by Cathy Busho, Mayor, and Susan M. Walsh, City Clerk, of the
CITY of Roswouw, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Counc I
i
K-
Notary Public
AAAAAAAAA - -,
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Pubfc - Minnewc ko ta Coun � Chippendale /42 Partnership
on Exp ires 1/3� Page 11 of 12
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of _
1997 by Michael J. McNamara, a general partner of CHIPPENDALE /42
PARTNERSHIP, a Minnesota general Partnership, on behalf of the Partnership.
GINA M. TURNER
NOTARY PUSUC-- MINNESOTA
MY COMMISSION EXPIRES 1.11-00
Drafted By:
City of Rosemount
2875 145th Street West
P. 0. Box 510
Rosemount, MN 55068
k OMq 4 Puiblficr
Chippendale /42 Partnership
Page 12 of 12
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DEVELOPMENT DATA
ZONING:
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PROPOSED ZONING: RETAIL /COMMERCIAL
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RETAIL /CO&WERaAL AREA 2391 +/— AC
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Total LOTS 1,ZJ,4 8 5
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OPEN SPACE CALC.
GROSS S/7E AREA: 321,9721 SF
OPEN SPACE.. 85,6001 Sly
(26 PERCENT)
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RETAIL /CO&WERaAL AREA 2391 +/— AC
LOT NUMBER
AREA
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2
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4
80,442 SF
5
76,857 SF
Total LOTS 1,ZJ,4 8 5
321,9721 SF
Aog. LOTS 1,2,3,4 & 5
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PUBLIC ROW
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TOTAL
321,9721SF
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RYAN ENGINEERING.COM
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RYAN E NGINEERPJG.COM
Civil Engineering • Land Warming
Environmental0 Surveying
Eden Prairie, MN
(952) 947 -9100
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