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Home My WebLink About6.j. Approval of PUD Agreement - Carrousel Plaza TownhomesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: May 1, 2001 AGENDA ITEM: Carrousel Plaza Townhomes PUD Agreement AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGENDA ATTACHMENTS: Draft PUD Agreement APPROVED BY: / S SUMMARY The attached PUD agreement concerns the 38 townhouses anticipated south of the movie theater. It has been updated by staff and reviewed by both the City Attorney and the Developer. Council is asked to authorize the execution of the agreement. If substantial changes were to occur, the Council would have to review and approve revisions to the form. RECOMMENDED ACTION: Motion to authorize the execution of the PUD Agreement for Carrousel Plaza Townhomes CITY COUNCIL ACTION: PLANNED UNIT DEVELOPMENT AGREEMENT CARROUSEL PLAZA TOWNHOMES THIS AGREEMENT dated this day of , 2001, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and, Heritage Development of Minnesota, L.L.C., 422 East County Road D, Little Canada, MN 55117, (the `Developer "). WHEREAS, the Developer is the owner of the real property legally described as Outlot A, Carrousel Plaza South, Range 19, Township 115, Dakota County, Minnesota, hereinafter referred to as the "Subject Property "; and, WHEREAS, in connection with the development of the Subject Property, the Developer has applied to the City for approval of a Residential Planned Unit Development (hereinafter referred to as "the PUD ") for to the Subject Property pursuant to the ordinances of the City; and, WHEREAS, the City has approved the PUD on the basis of a determination by the City Council that such PUD is acceptable only by reason of details of the Developer's development proposal as described herein and the unique characteristics of the combination of land uses proposed for the subject property; and but for such details of the development proposal and unique land use combinations proposed for the property, the PUD would not have been approved; and, WHEREAS, as a condition of approval of such PUD, the City has required the execution and filing of this document by the Developer; and, WHEREAS, to secure the benefits and advantages of such approval, the Developer desires to subject the Subject Property to the terms hereof, NOW THEREFORE, the Developer declares that the real property described above is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions set forth herein and agrees as follows: I. Planned Unit Development All development of the Subject Property shall comply with the Development Plan approved by the City and with conditions specified below. Where a specific condition is not addressed herein, the conditions of Resolution 2000 -103 adopted by the City Council on September 19, 2000, which resolution is attached hereto as exhibit 7 and hereby made a part hereof shall apply. Otherwise, the regulations of the City Zoning Ordinance (Ordinance B "Zoning Regulations ") shall apply. The term "Development Plan" used herein shall refer to the approved Site Plan, landscape plan and building elevations submitted by the Developer, prepared by Metro Land Surveying, Inc.; Kevin G. Norby & Assoc., Inc. and Johnson, Sheldon, Sorenson & Hafner, Inc. respectively approved by the City Council on September 19, 2000. The Development Plan consists of the following documents, original copies of which are on file with the City of Rosemount Community Development Department, and of which photo reduced copies are attached as Exhibits 1 -6: Page # Title Dated Revised 1 of 6 Preliminary Plat by Metro Land Surveying, Inc. 8/22/2000 2 of 6 Preliminary Grading Plan by Metro land Surveying, Inc. 8/24/2000 3 of 6 Preliminary Utilities Plan by Metro Land Surveying, Inc. 8/24/2000 4 of 6 Tree Inventory by Metro land Surveving, Inc. 7/18/2000 5 of 6 Exterior Elevations by Johnson, Sheldon, Sorenson & Hafner, Inc. DATE 6 of 6 Landscape Plan by Kevin G. Norby & Associates, Inc. 4/20/2001 II. Conditions of Planned Unit Development Approval The development and use of the Subject Property shall be consistent with the following requirements: A. Conformance with the requirements of Section 4.18 and 8.3 of the zoning ordinance and the conditions of resolution 2000 -51. B. Conformance with architectural detail for townhomes as shown on the architectural design and elevation plans submitted to the City, drawn by Johnson, Sheldon & Sorenson on August 20, 1996, to ensure that they are built as proposed. C. Installation of sidewalks as shown on the Revised Preliminary Plat drawn by Metro Land Surveying, as revised on October 16, 2000. D. Development Plan Revisions including: 1) modification of the plan to eliminate deck encroachment into the southerly drainage and utility easement; 2) landscape enhancements as needed to provide sufficient screening along Chippendale Avenue, and along the northerly property line to screen the townhouses and movie theater; 3) adjustments to the plan to provide the sufficient number of common parking stalls and properly sized garages in conformance with Section 4.18 of the zoning ordinance; 4) landscape plantings on a berm located on the movie theater property, which shall be implemented as shown on the September 13, 2000 Landscape Plan. E. Installation of a "board -on board" (or better) cedar privacy fence with masonry columns for screening, as shown on the revised September 13, 2000 Landscape Plan. y F. Easements shall be recorded for cross access and joint maintenance, repair and replacement of the shared driveway to Chippendale Avenue. G. An agreement between the Developer and movie theater property owner shall be recorded to ensure the maintenance and replacement (as needed) for the landscaping proposed for the movie theater property. H. Conformance with requirements for platting. III. Administrative Provisions A. The Development Plan represents the approved development on the Subject Property. Amendments to the Development Plan shall be processed in accordance with Section 12.6 of the Zoning Ordinance. The City Council will have the discretion to determine if a major amendment process with public hearings is warranted. Any amendments to this agreement shall be in writing and executed by both parties. 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, 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. This agreement may be enforced by the City acting through its City Council. 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 both parties and approved by the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. E. 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. F. 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 Subject Property. This Agreement will run with the land and bind the successors, heirs and assigns of Developer. G. Required notices to the Developer shall be made 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: Heritage Development of Minnesota, L.L.C., 422 East Count Road D, Little Canada, MN 55117. Notices to the City shall be in writing and 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 145 Street West, Rosemount, MN 55068, Attn: City Administrator. H. 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. STATE OF MINNESOTA ) CITY OF ROSEMOUNT I� LIM Cathy Busho, Mayor Linda Jentink, City Clerk HERITAGE DEVELOPMENT OF MINNESOTA, L.L.C., Developer Thomas Von Bische, Director of Development SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2001, by Cathy Busho, Mayor, and Linda Jentink, 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 STATE OF MINNESOTA SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2001, by Thomas Von Bische, Director of Development, Heritage Development of Minnesota. L.L.C., on behalf of the corporation. Drafted by: City of Rosemount 2875145` Street West Rosemount, MN 55068 Notary Public