HomeMy WebLinkAbout8.b. PUD Agreement with K.T.J. Limited Liability Partnership Thirty-Nine (Cub Foods)CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: September 5, 2000
AGENDA ITEM:
PUD Agreement with K.T.J. Limited Liability
Partnership Thirty-Nine (Cub Foods)
AGENDA SECTION:
OLD B U S I N E S S
PREPARED BY:
Rick Pearson, City Planner
AGEND A,"
#8
ATTACHMENTS;
Draft Agreement with Exhibits
APPROVED BY:
SUMMARY
The attached PUD Agreement has been reviewed by the Developer and the City Attorney. The most recent
changes are still underlined for proofing. Council will be asked to authorize the execution of the agreement.
While there may be minor mechanical changes such as spelling or grammar, any substantial revisions will cause
the revised agreement to come back to the Council for approval.
RECOMMENDED ACTION:
Motion to authorize the execution of the PUD Agreement with K.T.J. Limited Liability Partnership Thirty-
Nine.
CITY COUNCIL ACTION:
DRAFT
g -31 Ft w*(-
PLANNED UNIT DEVELOPMENT AGREEMENT
KTJ LIMITED LIABILITY PARTNERSHIP THIRTY -NINE
THIS AGREEMENT dated this day of , 2000, by and
between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City'),
and KTJ Limited Liability Partnership Thirty-Nine, 5125 County Road 101, Suite 100
Minnetonka, MN 55345, (the "Developer ").
WHEREAS, the Developer is the owner of the real property legally described as Lot 1,
Block 1 Rosemount Village: formerly known as: Outlot B, McNamara Addition, Range
19, Township 115, Dakota County, Minnesota, hereinafter referred to as the "Subject
Property and,
WHEREAS, the Subject Property is included in a planned unit development for the
land previously platted as the McNamara Addition that was approved by the City Council
on March 4 1997 (hereinafter referred to as the Chippendale 42 Partnership PUD). The
Subject Propelly, along with other property in the McNamara Addition, is subject to the
terms of a document entitled "Planned Unit Development Agreement Chippendale 42
Partnership" dated March 4, 1997 ( hereinafter referred to as the "Chippendale 42
Partnerslu� PUD Aeement"
WHEREAS, in connection with the development of the Subject Property, the
Developer has applied to the City for approval of an amendment (hereinafter referred to
as "the PUD Amendment ") to the Chippendale 42 Partnership PUD as it relates to the
Subject Property pursuant to the ordinances of the City; and,
WHEREAS, the City has approved the PUD Amendment on the basis of a
determination by the City Council that such PUD Amendment is acceptable only by
reason on 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 Amendment would not have been approved; and,
WHEREAS, as a condition of approval of such PUD Amendment, 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:
L 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
DRAFT
43
2000 -83 adopted by the City Council on August 15, 2000, which resolution is attached
hereto as exhibit 13 and hereby made apart 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 R. S. P.
Architects and Bolton & Menk, Inc. approved by the City Council on August 15, 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 -12:
Page # Title Date Revised
1 of 8 Title Sheet by Bolton & Menk, Inc. 8/21/2000 (plotted)
2 of 8 Details 8/21/2000 (plotted)
3 of 8 Details 8/21/2000 (plotted)
4 of 8 Existing Topography 8/21/2000 (plotted)
5 of 8 Utility Plan 8/21/2000 (plotted)
6 of 8 Site Plan — Electrical 8/21/2000 (plotted)
7 of 8 Site, Grading and Erosion Control 8/21/2000 (plotted)
8 of 8 Preliminary Landscape Plan 8/21/2000 (plotted)
AS L I Proposed Site Plan — R. S. P. Architects City Submittal 8/15/2000
CS2 Elevations 8/15/2000
CS2.1 Elevations 8/15/2000
CS2.2 Elevations 8/15/2000
The Chippendale 42 Partnership PUD Agreement shall remain in effect provided that the
Subject Property maybe developed and used in accordance with the Development Plan;
and the Chippendale 42 Partnership Agreement, as it relates to the Subject Property, is
modified to the extend of any inconsistency with the Development Plan and this
agreement.
H. Conditions of Planned Unit Development Approval The development of the
Subject Property shall be consistent with the following requirements:
A. The part of the development labeled "Supermarket" on the Development
Plan will consist of 68,018 sq. ft. with expansion area available on the east
side for an 11,000 sq. ft. building addition. The expansion shall conform
to the requirements of the Chippendale 42 Partnership PUD Agreement
including all wall surfaces consisting of a minim of 50% brick e xcent
the southern elevation which shall be screened from view by a concrete
wall consistent with paragraph C . The anticipated 11,000 sa. ft. building
addition shall require site plan review.
B. Wall surfaces when taken in aggregate, shall be treated with a minimum of
48% brick. Th southerly elevation will be screened with landscaping,
earthen berming and a masonry wall, which would obscure otherwise
required brick materials.
0
DRAFT
C. The southern elevation of the "Supermarket" building shall be screened
with an eight foot high (north side) masonry wall consisting of rock -faced
block, painted with colors consistent with the "Supermarket" building.
This wall is required to extend the entire length of the building, and is
necessary to screen the loading docks, trash enclosure area as well as to
screen the southern elevation that has been relieved of the brick
requirement.
D. All solid waste material, debris, refuse, garbage, junk or similar material
shall be kept within tightly closed containers designed for such purpose.
The containers shall be kept in an enclosed area of masonry construction
between days of scheduled pick -up.
E. Incorporation of recommendations relative to circulation, driveways,
grading, parking and utility plans by the City consulting Engineer. These
recommendations include specific traffic regulatory signs directing exiting
truck traffic to exit to the east along 151 Street to Chippendale Avenue
and to restrict traffic south of the 13,000 sq. ft. retail building to
employees and truck traffic
F. Provision of "Acorn" lights along Crestone Avenue and reducing the
height of the light standards to 30 feet and that the lighting intensity and
color shall be consistent with the plans and compatible with existing
General Commercial development in the area
G. Compliance with all applicable building and fire codes.
H. Any future building expansions shall require site plan review and be
consistent with ordinance requirements for public hearings.
I. Signage shall consist of two signs totaling 275 sq. ft. The lighted sign
located at the corner of Creston Ave. and 151 Street shall be turned off
at 10:00 p.m. The sign located along CSAH 42 shall have no restriction
for times it may be lit.
J. 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.
DRAFT
6-31
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. 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.
G. The City of Rosemount has agreed that the current Drainage Easement
per the existing plat (McManara Addition), would be released upon
completion of the Storm Sewer portion of the public improvements as
outlined in the Feasibility Report for McNamara Addition Phase 2 Streets
Utilities and Appurtenant Work, City Project Number 304, (Section 4.3 of
the attached copy) which work has been completed in accordance with the
recommendations of the referrenced report. The City shall process the
appropriate document to release the referenced easement as part of this
agreement.
H. 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: K.T.J.
Limited Partnership Thirty -Nine c/o Joseph N. Ryan, 5125 County Road
101, Suite 100, Minnetonka, MN 55345. Notices to the City shall be in
DRAFT
&
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.
L This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands to day and year
first above written.
CITY OF ROSEMOUNT
By:
Cathy Busho, Mayor
By:
Linda Jentnik, City Clerk
DEVELOPER
By:
Joseph N. Ryan, President, Oppidan,
Inc. General Partner of K.T.J.
Limited Partnership Thirty -Nine
STATE OF MINNESOTA )
SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me
this day of , 2000 by Cathy Busho, Mayor, and Linda Jentnik, 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
r u
STATE OF MINNESOTA )
SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me
this day of 2000 by Joseph N. Ryan, President, Oppidan, Inc.,
General Partner of K.T.J. Limited Liability Partnership Thirty-Nine.
Notary Public
Drafted by:
City of Rosemount
2875145` Street West
Rosemount, AM 55068
MEMORANDUM /
TO: Mayor, Councilmembers
FROM: Rick Pearson, City Planner
DATE: September 5, 2000
RE: PUD Agreement with K.T.J. Limited Liability Partnership Thirty -Nine (Cub
Foods)
ATTACHMENTS: Revised PUD Agreement
This item was originally on the Consent agenda, until staff was informed of a change in the
building footprint size that requires Council approval. On Friday, September 1, 2000, Oppidan
Developer Paul Tucci contacted staff, indicating that the latest plans received for the building
indicated 70,728 sq. ft. for the Grocery anchor first phase. Because this is an increase from
68,018 sq. ft. as revised, Council approval is necessary because of specific language in the PUD
Agreement pertaining to the area of the foot print. Staff has revised the PUD Agreement
language to indicate that the first phase will not exceed 70,750 sq. ft., and that the grocery anchor
with the addition will still not exceed 80,000 sq. ft. total. This means that the expansion area will
not exceed 9,250 sq. ft.
PLANNED UNIT DEVELOPMENT AGREEMENT
KTJ LIMITED LIABILITY PARTNERSHIP THIRTY -NINE
THIS AGREEMENT dated this day of , 2000, by and
between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City"),
and KTJ Limited Liability Partnership Thirty-Nine, 5125 County Road 101, Suite 100
Minnetonka, MN 55345, (the "Developer").
WHEREAS, the Developer is the owner of the real property legally described as Lot 1,
Block 1 Rosemount Village, formerly known as: Outlot B, McNamara Addition, Range
19, Township 115, Dakota County, Minnesota, hereinafter referred to as the "Subject
Property"; and,
WHEREAS. the Subject Property is included in a planned unit development for the
land previously platted as the McNamara Addition that was approved by the City Council
on March 4 1997 (hereinafter referred to as the Chippendale 42 Partnership PUD). The
Subject Property along with other property in the McNamara Addition, is subject to the
terms of a document entitled "Planned Unit Development Agreement Chippendale 42
Partnership" dated March 4, 1997 ( hereinafter referred to as the "Chippendale 42
Partnership PUD Agreement "). and,
WHEREAS, in connection with the development of the Subject Property, the
Developer has applied to the City for approval of an amendment (hereinafter referred to
as "the PUD Amendment!) to the Chippendale 42 Partnership PUD as it relates to the
Subject Property pursuant to the ordinances of the City; and,
WHEREAS, the City has approved the PUD Amendment on the basis of a
determination by the City Council that such PUD Amendment is acceptable only by
reason on 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 Amendment would not have been approved; and,
WHEREAS, as a condition of approval of such PUD Amendment, 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:
L 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 -83 adopted by the City Council on August 15, 2000, which resolution is attached
hereto as exhibit 13 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 R. S. P.
Architects and Bolton & Menk, Inc. approved by the City Council on August 15, 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 -12:
Page # Title Date Revised
1 of 8 Title Sheet by Bolton & Menk, Inc. 8/21/2000 (plotted)
2 of 8 Details 8/21/2000 (plotted)
3 of 8 Details 8/21/2000 (plotted)
4 of 8 Existing Topography 8/21/2000 (plotted)
5 of 8 Utility Plan 8/21/2000 (plotted)
6 of 8 Site Plan — Electrical 8/21/2000 (plotted)
7 of 8 Site, Grading and Erosion Control 8/21/2000 (plotted)
8 of 8 Preliminary Landscape Plan 8/21/2000 (plotted)
AS 1.1 Proposed Site Plan — R. S. P. Architects City Submittal 8/15/2000
CS2 Elevations 8/15/2000
CS2.1 Elevations 8/15/2000
CS2.2 Elevations 8/15/2000
The Chippendale 42 Partnership PUD Agreement shall remain in effect provided that the
Subject Property mate developed and used in accordance with the Development Plan:
and the Chippendale 42 Partnership Agreement, as it relates to the Subject Property, is
modified to the extend of any inconsistency with the Development Plan and this
agreement.
II. Conditions of Planned Unit Development Approval The development of the
Subject Property shall be consistent with the following requirements:
A. The part of the development labeled "Supermarket" onthe Development
Plan will consist of a maximum of 70,750 sq. ft. with expansion area
available on the east side for a 9,250 sq. ft. building addition. The
expansion shall conform to the requirements of the Chippendale 42
Partnership PUD Agreement including all wall surfaces consisting of a
minimum of 50% brick except the southern elevation which shall be
screened from view by a concrete wall consistent with parag�aph C . The
anticipated 9,250 sq. ft. building addition shall require site plan review.
B. Wall surfaces when taken in aggregate, shall be treated with a minimum of
48 %brick. Th southerly elevation will be screened with landscaping,
earthen berming and a masonry wall, which would obscure otherwise
required brick materials.
C. The southern elevation of the "Supermarket" building shall be screened
with an eight foot high (north side) masonry wall consisting of rock -faced
block, painted with colors consistent with the "Supermarket" building.
This wall is required to extend the entire length of the building, and is
necessary to screen the loading docks, trash enclosure area as well as to
screen the southern elevation that has been relieved of the brick
requirement.
D. All solid waste material, debris, refuse, garbage, junk or similar material
shall be kept within tightly closed containers designed for such purpose.
The containers shall be kept in an enclosed area of masonry construction
between days of scheduled pick -up.
E. Incorporation of recommendations relative to circulation, driveways,
grading, parking and utility plans by the City consulting Engineer. These
recommendations include specific traffic regulatory signs directing exiting
truck traffic to exit to the east along 151 Street to Chippendale Avenue
and to restrict traffic south of the 13,000 sq. ft. retail building to
employees and truck traffic.
F. Provision of "Acorn lights along Crestone Avenue and reducing the
height of the light standards to 30 feet and that the lighting intensity and
color shall be consistent with the plans and compatible with existing
General Commercial development in the area
G. Compliance with all applicable building and fire codes.
H. Any future building expansions shall require site plan review and be
consistent with ordinance requirements for public hearings. _
L Signage shall consist of two signs totaling 275 sq. ft. The lighted sign
located at the comer of Crestone Ave. and 151 Street shall be turned off
at 10:00 p.m. The sign located along CSAH 42 shall have no restriction
for times it may by a lit.
J. Conformance with requirements for platting.
M. Administrative Provisions
A. The Development Plan represents the gpproved 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. 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.
G. The City of Rosemount has agreed that the current Drainage Easement
per the existing plat (McManara Addition), would be released anon
completion of the Storm Sewer portion of the public improvements as
outlined in the Feasibility Report for McNamara Addition Phase 2 Streets
Utilities and Appurtenant Work, City Project Number 304 (Section 4.3 of
the attached copy) which work has been completed in accordance with the
recommendations of the referrenced report. The City shall process the
appropriate document to release the referenced easement as part of this
agreement.
H. 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: K.T.J.
Limited Partnership Thirty-Nine c/o Joseph N. Ryan, 5125 County Road
101, Suite 100, Minnetonka, MN 55345. 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.
L This Agreement shall be governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have hereunto set their hands to day and year
first above written.
CITY OF ROSEMOUNT
By:
Cathy Busho, Mayor
By:
Linda Jentnik, City Clerk
DEVELOPER
By:
Joseph N. Ryan, President, Oppidan,
Inc. General Partner of K.T.J.
Limited Partnership Thirty -Nine
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me
this day of , 2000 by Cathy Busho, Mayor, and Linda Jentnik, 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
s
v
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me
this day of 2000 by Joseph N. Ryan, President, Oppidan, Inc.,
General Partner of K.T.J. Limited Liability Partnership Thirty -Nine.
Notary Public
Drafted by:
City of Rosemount
2875145` Street West
Rosemount, MN 55068
-- - --- °^ -^
—
CONSTRUCTION PLANS FOR
•••• r.T:NT SON O rN M.E
OPPIDAN -CUB FOODS, ROSEMOUNT
— " "— N""° ° •°" ° "'
SITE IMPROVEMENTS
- - ----
ROSEMOUNT, MINNESOTA
-- --
JULY. 2000
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SHEET INDEX
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CCi.N7r' STATE AID A;A2A&W r ND. 47
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EXHIBIT 8 o a• so• 1w,
MARy,ALL lEmLC! A8M
fRAlilNh Pp,Nk51LVANLw
!E[Y.LOMRY
A`CA`I(AeER Lw,AYV'!
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. na OVEROTq¢t' TREED REQUIRED
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(J) OMAPIENTAL TREED • ri1. OVERSTORT TREE
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r(OTAL p T✓U
OAYLKI.Y MOGIM
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CCi.N7r' STATE AID A;A2A&W r ND. 47
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EXHIBIT 8 o a• so• 1w,
L•1 ,.n...
14AU 1 • SO
NORTH
al
CO-OWTlw ewImg.'s a KRYwyo u
OPPIDAN
GUD FOODS - ROtIGMONIT
!'°r
�J
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PRELIMINARY LANDSCAPE P,-AN
w
S
s. w.ew
w lice
1,
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R�nx MO'i ................. d.00x tf.
o�ow� Mx
................. ax w
IW
I
NORTH ELEVATION (FROND - Cub Foods --
soac sisr = r -o
SOUTH ELEVATION (REAR) - Cub Foods
F
r
RETAI SHOPS
a
arc y
I I (
( I
KEY NOTES:
E �"...a
PLAN - Mail Shops
n
SGIo: 3/32"- I' -("
r
n
ate' _ • tI0WaG0f :�'
- `_ >�gM�BE, <.: :'�IOM110[;`r `:�'IIOIEIIO! tlONA6E:: -. r.: �pOV01101d
a. ..
NOBIAO!
M
WEST ELEVATIO
• (Side) - Retail Shops
NORTH ELEVATION (Front) - Retail Shops
Scala 3/32" = 1' -0"
�T
o • .
u Scal= 3/32"= P -0"
• .�
»
SOUTH ELEVATION (Rear) - Retail Shops
Scalc 3/32"= 11-0"
wr%nommmool
EXHIBIT 11
i
CS2.1 (plan +
McNamara Addition
I City Submittal
OPPOAN
e levations
Ros@ MN
1LIY 3, 2000 Rev. Au 13,2000
r
. r
Re�il'A'
7,1 s.F.
�a
- - --
EXHIBIT 13
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2000- 8 3
A RESOLUTION APPROVING
THE AMENDMENT TO THE PLANNED UNIT DEVELOPMENT
AGREEMENT WITH CHIPPENDALE 42 PARTNERSHIP
ON OUTLOT B, MCNAMARA ADDITION
TO SECURE IMPROVEMENTS BY KTJ LIMITED PARTNERSHIP
(Cub Foods)
WHEREAS, the Planning Department of the City of Rosemount received an application for
approval of an amendment to the Planned Unit Development Agreement with Chippendale 42
Partnership; and
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on
August 8, 2000, as required by the zoning ordinance and PUD Agreement for the purpose of
receiving testimony regarding the requested amendment; and
WHEREAS, on August 8, 2000, the Planning Commission adopted a motion to recommend
approval of the amendment to the Planned Unit Development Agreement with Chippendale 42
Partnership with conditions; and,
WHEREAS, on August 15, 2000, the City Council of the City of Rosemount reviewed the
recommendation forwarded by the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the amendment to the Planned Unit Development Agreement with Chippendale 42
Partnership on Outlot B, McNamara Addition to secure improvements by KTJ Limited
Partnership, subject to:
1. Execution of an amendment to the PUD Agreement.
2. Revision of Grading, Parking and Utility plans as necessary in accordance with
recommendations by the Consulting Engineer.
3. Additional landscaping for screening along 151` Street West to buffer the loading docks.
4. Installation of sidewalks along Crestone Avenue and provide pedestrian links to all of the
. buildings.
5. Provision of "Acorn" lights along Creston Avenue and reducing the height of the light
standards to 30 feet and that lighting intensity and color shall be consistent with existing
General Commercial development.
6.. Compliance with all applicable building and fire codes.
7. Modification to traffic flow from Creston Avenue and Claret Avenue by closing the
driveway access to 151' Street, subject to approval by the Consulting Engineer and Fire
Marshal.
Resolution 2000- 83
8. Requiring that any future expansions will require a public hearing.
9. Signage shall consist of two signs totaling 275 sq.ft., with the lighted sign at the corner of
Creston Avenue and 151 n Street to be turned off at 10:00 p.m.
10. Compliance with the 50% brick requirement, excluding the southern elevation.
11. Truck and pharmacy access and circulation between Crestone Avenue to Claret Avenue shall
be designed and constructed in accordance with recommendations provided by the City's
Consulting Engineer.
ADOPTED this 15th day of August, 2000, by the City Council of the City of Rosemount.
ATTEST: Cathy Bush ayor
G %z
Linda Jentink, Ci lerk
Motion by: Edwar Seconded by: K t a s s e n
- Voted in favor: K I absen, C i sewsk i, Busho, Caspar, Edwards.
Voted against: None.
Member absent: None.