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Home My WebLink About7.b. PUD Amendment - Rosemount Market Square CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: Mazch 16, 1999 AGENDA ITEM: PUD Amendment--Rosemount Market Square AGENDA SECTION: Old PREPARED BY: Dan Rogness, Community Development Director AGEN��:e � � ` , � C{1i1 ATTACHMENTS: PUD Agreement(Proposed Amendment) APPROVED BY: The city executed a Subdivision and Planned Unit Development Agreement for the Rosemount Market Square project on June 9, 1994. Attorney LeFevere has prepared an amendment based on council's direction for the proposed Linder's Flower Mart. Staff is prepared to answer any questions at the meeting. RECOMMENDED ACTION: MOTION to Approve a Planned Unit Development Agreement Related to the June 9, 1994 Subdivision and Planned Unit Development Agreement for Rosemount Market Square. COUNCIL ACTION: PLANNED UNIT DEVELOPMENT AGREEMENT This Agreement is made as of this day of , 1999, by and between the City of Rosemount, Minnesota, a Minnesota municipal corporation (hereinafter"City") and Rosemount Properties, LLC (hereinafter"Developer"). WITNESSETH: WHEREAS, Developer is the owner of property legally described as: Lot 1, Rosemount Market Square, according to the recorded plat thereof, Dakota County, Minnesota(hereinafter the"Subject Property"); and WHEREAS, the Subject Property has been developed as a shopping center under a planned unit development pursuant to the ordinances of the City and, in connection therewith, has been made subject to an agreement entitled "Subdivision and Planned Unit Development Agreement" dated June 9, 1994 by and between the City and Carlson Properties of Rosemount and Rosemount Properties LLC (hereinafter the "Subdivision Agreement"); and WHEREAS, application has been made to the City for an amendment to the planned unit development for the Subject Property for the addition of a seasonal plant sale business in the parking lot of the shopping center on the Subject Property; and WHEREAS, the City Council of the City has substantial concerns about the impact of the development of the plant sale business on the shopping center, adjacent and nearby properties, and the health, safety, welfare and property values of the community as a whole including, but not limited to, the aesthetics of the plastic covered structure proposed, litter, traffic circulation, the adequacy of remaining parking spaces, the appearance of clutter, effects on other businesses in the planned unit development such as loss of visibility, overcrowding and loss of convenient parking, inadequate or unsafe drive aisles or conflicts between traffic and pedestrians, and vandalism; and WHEREAS, Developer desires to make certain agreements and assurances as set forth herein to assure that the development and use of a portion of the Subject Property for a plant sale business will not have an adverse impact on the public health, safety or 1 welfare, without which assurances and agreements the amendment of the planned unit development agreement would not be approved by the City; NOW, THEREFORE, on the basis of the premises and mutual covenants and agreements hereinafter set forth it is agreed as follows: 1. The Subdivision Agreement provides and allows for an amendment of the planned unit development on the Subject Property to allow the addition of a seasonal temporary structure and plant sale business in the parking lot of the shopping center on the Subject Property subject to the following terms and conditions: a. The plant sale business shall be located and constructed in strict conformance with the site plan attached hereto as Attachment One and hereby made a part hereof. b. The temporary structure plant sale business may occupy the parking lot space indicated on Attachment One only during the period each year from March 15`h to July 20`h. Within 24 hours of removal of the business the parking lot shall be cleaned and restored completely for use as a parking lot. c. No use may be made of the temporary structure on the space indicated on Attachment One for any business other than the sale of nursery plants. d. During the periods when any part of the parking lot of the shopping center on the Subject Property is occupied by the plant sale business, no other outdoor display or sale of goods or merchandise of any kind may occur on any other part of the Subject Property. e. Unless specifically authorized by separate planned unit development amendments, the authority to operate the plant sale business shall terminate automatically upon 1) any change in footprint of any building on the Subject Property, or 2) any change in use or in structure which results in a greater total number of parking spaces being required at any part of the Subject Property, or 3) any change in the parking requirements of the City Code which would require a greater total number of parking spaces 2 on the Subject Property if applied to the use of the Subject Property as a new development. f. No signs or signage (including flags and banners) may be permitted on the Subject Property for the plant sale business except as follows: 1) one sign per side of the structure no larger than 32 square feet each, and 2) no signs on the roof portion of the structure. g. No plants or other materials shall be stored, displayed or sold outside of the area enclosed by the fence shown on Attachment One. h. The size of the temporary structure for the plant sale business shall not exceed 84 feet by 21 feet by 12 feet high; and the entire area enclosed by the fence shall not exceed 144 feet by 36 feet. i. Plans for installation of electricity and water for the plant sale business shall be approved by the City building official. Upon request by the City building official, the operator of the plant sale business shall present current permission, in writing, showing that the operator has secured permission for its patrons an employees to use rest rooms in one or more businesses at the shopping center on the Subject Property. j. Authority to conduct arplant sale business and occupy the area shown on Attachment One therefor may be revoked by the City Council of the City at any time for failure to comply with conditions set forth herein. Such authority may also be revoked by the City Council of the City by duly adopted resolution of the Council upon a determination made in the absolute and sole discretion of the Council that the continued use of the Subject Property for a plant sale business in the area shown on Attachment One is not in the public interest or is detrimental in any way to the public health, safety, welfare or convenience; provided that revocation for any reason other than violation of conditions set forth herein shall not be effective until the first Mazch 15th occurring more than sixty days after the adoption of a resolution revoking such authority. Notice of revocation shall be given by mailing a copy of the City's resolution to the person or 3 entity specified on the records of the Auditor or Treasurer of Dakota County as the recipient of tax notices for the Subject Property. 2. Except as expressly amended herein, the Subdivision Agreement shall remain in full force and effect. 3. This Agreement shall apply only to calendar year 1999. Renewals of this Agreement may be approved upon a majority vote of the City Council. This Agreement shall run with the land and bind Developer, its heirs, successors and assigns. City: Developer: CITY OF ROSEMOUNT ROSEMOUNT PROPERTIES LLC By By Its Mayor Its: By Its Clerk STATE OF MINNESOTA ) * ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day , 1999,by Cathy Busho and Susan Walsh, the Mayor and City Clerk of the City of Rosemount, Minnesota, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day , 1999,by ,the of Rosemount Properties LLC, on behalf of Rosemount Properties LLC. 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