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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 NN..N• rra SHEET INDEX — — — — — — � NO. TITLE I TITLE SHEEP =Q,e: C9 1.3 DETAILS xrnoa Trx t .tl 4 EXTSDNO SIZE - WrraTa AIN L rA �, �' 0 UTILITY PLAN p «TOa ■ f - t it 6 ELECTRICAL ELECTR PLAN - .- »- �.....,•. Tuu u.E f" .. ^ 1 — 0- �..^ :. 7 SITL GRADING AND EROSION COMROL. PLAN S LANDSCAPE PLAN O NNAW yy��� - t "mow �4 V f }1T7 �Vl AS re = � � ..w • Y.YiC T q ....� �r .�. T! ..n u � �, p_h •- �• T i T.. fat p 3 N a„ .55060 ROSEFAOUN1t r°��eq a w a uo.r Im � � ?r ✓ .. a ® ao IonTlm TAAwa•lul Mt IAg01SSUU.r [MCnac - �'L r/ AwA � 1 i• 1 .: I , y LY +t '� \ V �d' n .• �'•• ulEllr Tmauvowc a woowww N]AF•NE N YriooNxPO N 1'AS] lV.. _ t ' ^ 7 C T • ri �a �_.� �, ` J . \ � � •� PROPOSED HTS SIX MAP - SITE TaNleww wnTNr ta.grucNOrl 1A•IS Aa� ' L DAKOTA K O T A NOTE air . aNml ppLL. L " `r• , fi. DOSTM UITIM INFORMATION SHDNN ON THIS PLAN HAS a. i IrAr - - SEEN PROVIDED BY THE UTILITY OMER. THE CONTRACTOR •A"'aus ma 'i 1 M 7 71 " SMALL FIELD VERIFY EXACT LOCATIONS PRIOR TO COMMENCING 717 I CONSTRUCTION AS REQUIRED BY STATE aAr¢ T•CS , _ i COPH ier x OE-CALL 1-500-252-1168 OR 612 -484 -0002. w— w— ..... —.w 1lT .OAL- r11N1>>NMtO -1 -� •' : v . .� 1 IS10T WH•Y iW} Trb RM(!P[OfY TOt p IIfPoMT tK 1M[IAKD — — — — AT T•Q -MM an / I �:.;: ,:. - r K 1[ q MrOI YI OrLCT AiGM9W AND .01. 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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'! . t +AeYULLTrlL•DI.O!!' PIN OAK. rWVl.W GOLKlPA nATti^N : LMTAPlU! LVfl A'�I ttiC•!' .MODA DObrCC7 GLLPLL9 ►µelrlel! L CO-OWTlw ewImg.'s a KRYwyo u TVA LOIVwTw A ►_LK.•!�M LItApA.•� O]IfJRBTORT & M3 50 PT 6 AND A A) u ,V lMf2 ,y'A 2!! TR! 4LA: !t'Ir+MA POTIOLw'A 4*,0'10 00 FT / SAW . IDO TREED k LTS (p= REG'T) _V. . .wn,wl, wl waPrne. P. ..w.t _ ..0 M — . I-,,K "l y.aA . na OVEROTq¢t' TREED REQUIRED O PAIiLIe! nor twees nmAL a xl OT. 2D -7)• CAL. DECIDUOUS TREE . N OVEROTORT TREE n•Ller�•s! �oMneculr w,Eplrpw TTIALMINM INBWIS sr lnxerl.Lw►et yM.POIW! GMiMM'f �;t ♦' NT. QONIPER000 TREE . 11) OVERSTORT TREC uTRO LLM LnmB1 ATA DMw'G MMOD O.O`�TIL! O.a.rws Kwr�!'c0`.Kr•' (J) OMAPIENTAL TREED • ri1. OVERSTORT TREE !4) 6WMAI& . (I) OVEROTORY TREE r(OTAL p T✓U OAYLKI.Y MOGIM n0 K toRY• TREED I•RO NDEb Pwrt l•n:Iee .aaeoGAaue !•► werw vlLla. IOINDATIdJ PL lNTIN6S ME LN PT d l4HLDINS) PK.IA l:Ai1GA IC GOL lROlN lPl6 MlTw !►P, b.18 VKi 1.00! LN PT / 1@ .108 SWUM REQUIRED c. ., nCew WHOM RwelA b!Q YP. TOTAL PQ� ATION awFams MMVIDED� NATRIAM MN: ►INA M.lI!/p SwGK•OYOD !.1lAV tL'pEKIA br +... 700 FOUNDATION O.MMO PROVIDED 6:wGK wLLa fPRCE ►ICeA xAULA psawrw f � � 1 PLwwlnr •eAleee+w aw,R+ema•wL wee •e.c.re w4P�"`iw.r0`u,+.L,nn rw >.�wLerr awa*ww wnr m*s w w— BEE— s �e +^.�w0°+ra.L°"..rO •�.PerAls l.el.ree. w,,.w..T rL», w..rAw uo.e..e w.. u,•�"'`wm.s►•eame e..,,.N MM{{,,�� nart MO icr�i.w rO �• ° �+e oerwViO�`� u�ioee..e�"ro.+Kw"a�""�.e� rz � A109eMMe.MroCrf 4rAR yµL ewu Arwe tewwre nn, wAeve, tw.r eo,e �,ae A: MO W - 1M1OMIe�R�NYPee14rIM le.b...eMn01.t AWYe. A.a10Me�w.aT�.rmRM1T. YgWai e� 1�W! M.aM_MLMpK.R.M4neer A�V'Y+' •�.......,Im►.,.L..veno � "T •a"+'ier�De. °n.e+p M`�'.e•�w - LMi� M.a re MM1 �iy)�"'aPea ;-_.e►,Poo�� A. �•�•�°w ..o eiP��t°�� u�i:w'S.ww __ _ ® irw'a� O i w,n m•�a ra. CCi.N7r' STATE AID A;A2A&W r ND. 47 I i .` f 1 1 1 � I� t�� I� �' �i I� I . 1 1 � 1 1, 1 , I I I I •���`�L . i yyT ,�.,'f�'"'S. 1 I i 1 -7 1 I , 4 r)=., fi r T, «�• - mss° ST�'EET 1 - r eFfg7a E �� N: i fy PE1.91E TR: FLMRNN ORAC L�_l L. 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 _V. . .wn,wl, wl waPrne. P. ..w.t _ ..0 M — . I-,,K PRELIMINARY LANDSCAPE P,-AN w S s. w.ew w lice 1, ....4. 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.