HomeMy WebLinkAbout8.a. Chippendale/42 PUD Agreement • City of Rosemount
Executive Summary for Action
CITY COUNCIL MEETtNG DATE: March 4, 1997
Agenda Item: Chippendale/42 PUD Agreement Agenda Section:
Old Bus i ness
Prepared By: Dan Rogness Agenda No:
Community Development Director 'TE1�il �� �
Attachments: Proposed PUD Agreement and Misc. Approved By:
Correspondence
The City staff, the Citiy Attorney, and the Developer's attorney have been working on a PUD
Agreement for Chippendale/42 Partnership. The main components of the agreement can be
summarized as follows:
1. The Concept Plan as approved by the City is the framework or guide from which all
future projects will be reviewed and approved under the City's e�cisting site plan review
pmcess.
2. The commerical property will be zoned to C-4 and the residential property will be zoned
to R-2.
3. All public streets will be platted immediately and constructed as phases as the
development occur from west ta east. Shannon Parkway will be a 100' right-of-way
north of 151st Street and the City reserves the right to restrict or close private access to
the Walgreen site at a future date.
4. The public park will be platted and graded at the time of townhome pLatting for the
residential portion of this project.
5. All public utilities must be designed according to the City standards for servicing the i
commercial area and the residential area. Phasing will occur accordi.ng to the '
development phasing and the requirements of the City Public Works Director.
6. Many design standards are identified that relate to landscaping, parking, screening, etc. �I
The City has required additional right-of-way on Shannon Parkway (20 additional feet) due to the ,
County's restriction for access onto CSAH 42 at the Clazet Avenue intersection. A timeline is ',
attached that indicates the approval process related to that access; as a result, the City is faced '
with increa.sed traffic on Shannon Parkway and Chippendale Avenue. The future design of these �,
streets will be part of a feasibiliry report to be completed by the City for public improvements. ,
Recommended Action: Motion to Authorize the Mayor and City Clerk to Execute the '
Planned Unit Devleopment Agreement for Chippendale/42 Partnership„uv�c:�• ���`_ '
cM ���,.-. �-t,� -4-� tn � .
Authority Action:
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-�i�-� CITY OF ROSEMOU NT �8�5-`;TM�hs�tW�t
P.O.Box 510
Rosemount,MN
Everyrhing's Coming Up Rosemounr!! i5068•0510
Phone:612•423-4411
Fax:6 i 2•�323•5203
MEMO
TO: Joe McNamara, Rosemount National Bank
Peter Coyle, Attorney for Chippendale 42 Partnership
Lynda Voge, Referrals Coordinator, Met Council
Jack Ditmore, Physical Development Division, Dakota County
Elizabeth Malaby, Transportation Planner, Mn/DOT
FROM: Dan Rogness, Community Development Director
DATE: January 28, 1997
RE: McNamara Addition Planned Unit Development
The City of Rosemount has received an application from the Chippendale 42
Partnership for approval of a final plat for the McNamara Addition. This 77-acre mixed
use residential/commercial projeet was approved by the Rosemount City Council as a
final planned unit development with conditions. However, the council has not approved
final plats and agreements. The property is located directly south of CSAH 42, west of
Chippendale Avenue, and east of Shannon Parkway. The site is guided for Planned
Development, Mixed Use (PD-MU) in Rosemount's Comprehensive Guide Plan. The
city has submitted a Comprehensive Guide Plan amendment to the Metropolitan
Council since part of this property is outside of the MUSA.
Since fu�ther discussions are being scheduled for the access issue along CSAH 42, I
put together a general summary of the approval process. Hopefully, you will gain some
background knowledge of this project as it started to be reviewed by the city in 1995.
The City of Rosemount still supports the full (controlled) access on CSAH 42 midway
between Chippendale Avenue and Shannon Parkway. Please contact me at 322-2020
if you have further questions.
cc: Thomas Burt, City Administrator
Bud Osmundson, Public Works Director
Rick Pearson, City Planner
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SUMMARY OF THE APPROVAL PROCESS FOR THE McNAMARA ADDITION
A Mixed Use PUD in Rosemount, Minnesota
August 21, 1995 --The Dakota County Plat Commission reviewed a concept plan with
a written response to the city stating 1/8 mile spacing for right-in/out access and 1/4
mile for full access.
December 4, 1995 ---The Rosemount City Council approveed a concept plan with
conditions (see Exhibit A).
July 22, 1996 ---The Dakota County Plat Commission reviewed the (proposed)
preliminary plat with a written response to the city sfating that, "This plat meets ... the
County's current spacing guidelines of one full intersection at Claret Avenue and two
right in/out intersections at Crestone Ave. and Cimmaron Ave."
August 30, 1996 --The Met Council sent a letter to the city regarding its desire to
send more wastewater flow to the Rosemount WWTP from the development area.
October 1, 1996 ---The Rosemount City Council approved a preliminary plat and final
development plan for the PUD with conditions (see Exhibits B and C).
December 17, 1996 ---The Rosemount City Council made a negative declaration
regarding an EIS based on the completed EAW. Four agencies provided comments to
the city, including the Met Council, DNR, MPCA and the MN Historical Society. (Note:
the Met Council provided advisory comments related to access to CSAH 42).
January 2, 1997 ---The Dakota County Plat Commission reviewed the (approved)
preliminary plat with a written response to the city stating, that, "The County adopted
new spacing guidelines on November 5, 1996 that include new guidelines for principal
arterial highways ... a 3/4 intersection at Claret Ave. and two right in/out intersections at
Crestone Ave. and Cimmaron Ave."
January 3, 1997 -- Mn/DOT responded to the Met Council that it had concems with
the proposed access points on CSAH 42 and that, "intersections should be spaced one
to two miles apart ('/z mile apart at the very minimum)."
January 13, 1997 --The Met Council sent a letter to the city indicating the plan
amendment process started its 60-day review period as of December 30, 1996. This
amendment is required because the northern portion of the development site (along
CSAH 42) is outside of the MUSA. �
January 24, 1997 --- Dakota County sent a letter to the city (related to the Met Council
review process) with comments about impacts of the propased development on CSAH
42, reinforcing the county's new spacing guidefines as adopted in November of 1996.
�
. . �
�EaN� � '
CHIPPENDALE P�1RTNERS �
PROPOSID PL��IVNED UMT DfiVELOPNIENT
FOR 77 ACRES OF L.4ND ON THE SOUTH SIDE OF CSr�H �2
BE"I'�NEEN CHIPPENDALE AVF��IJE AND S�ON PARKW�►Y
The City Council has approved a concept for the Chippendale Partners development proposal
that combines commezcial and residential uses. Ten or more years will be required to
complete all of the phases of the development. The concept appmval is the first step in the
process and has granted the developer conditional approval of the general locativns of the
different types of land uses as well as generalized primary access locadons from local streecs
and highways. The next steps will include in depth marketing and traffic analysis as well as
detailed design that will be required for public review prior to approval of a first phase of
construction.
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CONI11rIERCIAL j.TSE$
Proposed for the northern portion of the property with access to CSAH 42. Various
retail, auto and food service commercial uses are indicated. The fust phase will
include a drug store at the South eastern corner of CSAH 42 and Shannon Parkway.
RESIDENTIAL USES
. Projected south of an east-west street that will align with December Trail on the west .
side and 151st Street on the east side. A small park of approximately three acres is I
proposed. Approximately 130 townhouses with stormwater ponding areas to be 'I
designed as amenities are anticipated. The first phase would occur at th� south west I
corner of the site.
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PRELIMINARY PLAr OF.• McNAMARA ADDITIDN
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DA KO TA CO U N T Y °A�o�EE EG O EA �
i6t2)89t-;100
HIGHWAY OEPAATMENT Fax�6i21891-7i27
- �1955 Ga��xiE�avENUE.3A0 F�OOA APPi�VA��G`(,ti11NNESOTA 55124-85%9
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February 14, 1997
Mr.Michael McNamara
15055 Chippendale Ave.S.
P.O.Box 439
Rosemount,MN.55068
Subject: Access Permit Application for McNamara Addition in Rosemount
Dear Mr.McNamara:
I received an access�ermit applicarion and drawings from Bolton&Menk,Inc.,and have the fo(lowin�
comments regarding the permit application. The Daicota Counry Piat Commissioa recommended approval
of the plat in compliance with current County policies. Current Coanty access policy permits fuIl access at
Shannon Paricway and Chippendale Avenue,right turn/left-in access at Clazet Avenue,and right mrn
access at Crestone aad Ciaunaron Avenues.
The permit application needs to be changed to state"rig,ht-in/right our,left-in"access at Clazet Avenue
instead of"Full Access". The triangular medians shown on the permit drawings for Crestone and
Cimmaron Avenues at CSAH 42 need to be eliminated. The right turn lanes along CSAH 42 should not be
continuous,but be deveioped with 15:1 curb tapers. The 14'wide tum lanes should be 300' long. An 8'
wide shoulder needs to be provided between the CSAH 42 through-lane and curb. Clazet Avenue should ,
have only one lane approaching CSAH 42,and the interseciion should be redesigned to prevent left turns '
onto CSAH 42. '
I am requesting that a revised access permit application and drawings be submitted conforming with the '�
changes described in the previoas paragraph. When the final plat is filed and plans for the CSAH 42
�accesses and improvements are approved,the access permit can be issued
Sincerely,
�.� �,;.� R , �
David R Zech,PE <� �
Adminis�ative Design Engineer
Attachmenu: 2-10-97 Plat Commission Ietter
Dakota County Access Spacing Guidelines
Access permit drawings with commenu
cc: Jim Johnson,Bolton&Menk
Bud Osmundson,Rosemount City Engineer
N:CR42MeNA
� Pnntsp on reCyCIW paoer.20"�6oahconaume� � . AN E�UAL OPPORTUNITY EM Y
PLO ER
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APPENDIX 6
DAKOTA COUNTY ACCESS SPACING GUIDELINES
TYPE OF ACCESS BEING , TYPE:.OF CCJUNTY HIGHWAY AFFECTED BY ACCESS (2��
REQUESTED • ;.
:; . ; �; :: . ::. :; . . ..::<. � ° :. .:..>:..,
. . •. ... .::..
PRINCIPAL DIVIDED UNDIVIDED 2 or 4 LANE
ARTERIAL 4 or 8 LANE > 15 000 ADT 1 < 15 000 ADT 1 < 3 000 AD7 1
A. Private Residenlial or Not Permitled Nol Pennitted Noi Permitted 1/8 Mile Spacing Determinalion based
individual Commerciai (fuU on olher criteria.
access)
B. Multipte Commercial (tuii Nol Permitled 1/4 Mile Spacing 1/4 Mile Spacing 1/8 Mlle Spactng Delermination based
access). . on other c�ileria.
C. Public Sl�eet - 1/4 Mile Spacing 1i4 Mile Spactng Not Applicable Not Applicabie Not Appliceble
Multiple Commercial (3), (4) (3j, (4)
Right Turns & l.eft Turns �
Only.
D. Public Street- 1/8 Mile Spacing 1/8 Mile Spacing Not Permitted Not epplicabie Not Applicabie
Multiple Commercial (3) (3}
Right Turns Only
E. Public Sireets 1/2 Mile Spacing 1/4 Mile Spacing '!/A Mile Spacing 118 Mile Spacing 1/8 Mile Spacing
,
�3) �3�
F.Principle ArieriallExpressway Grade Separated 1 Mile Spacing 1 Mile Spacing 1 Mlie Spacing 1 Mile Spacing
�nterchange
NOTES: .
(1) AN tra(fic volumes reter to 20 yea�(orecasts.
(2) Roadway lypes refer to anticipated cross�seciion. '
(3) Requires insiallalion o(lurn lanes. •
(4) Requires wide median and additional right-ot-way.
-30-
3/04l97 '
Planned Unit Development Agreement
C�PEx�� 42 P�x��ts�
Tffis AGx�MErrr dated this day of , 1997, by and
between the Crt�t oF ROs�otlNr, a Minnesota municipal corpora.tion, ("City"), and
C�P�vn�42 P�t�ts�, a Minnesota general partnership, having the address of 15055
Chippendale Avenue South, P.O. Box 439, Rosemount, Minnesota 55068, (the "Developer").
R�uest for Pla ned U 't Developme pprovai. The Developer has asked the City to
approve a Mixed Use Planned Unit Development (PUD) to be known as McNAMARA
ADDIT'ION (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, Ra.nge 19
W, Dakota. Counry, Minnesota..
The City, through this Agreement, approves the Mixed Use Planned Unit Development upon the
following conditions.
I. �once t Plan:
The term "Concept Plan" used herein shall refer to the Concept Plan dra.wing by Damon Faber
Associates dated August 16, 1996, a copy of which is on file with the Rosemount Communiry
Development Director.
The Concept Plan is intended to be a sketch depicting the overall "look" of the complete PUD
azea. To the grea.test extent possible, future development proposals within the PUD shall conform
to the design framework of the Concept Plan. This framework relates primarily to such fea.tures
as the public street system and private accesses, landscaping areas, pedestrian walkways, corner
enhancements, parking configura.tions and building locations. The City of Rosemount will review
each future development project's detailed site plan and final plats withi.n 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 pla.t), 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 U e Develo ment:
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
reguladons 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 westem block (west
of Crestone Avenue) other than access for delivery vehicles to the rear of buildings.
However, changes may be approved by the Ciry to this intemal 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 circula.tion 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 151 st 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 Str�t and
the east side of Claret Avenue south of 151 st Street; (b) the west side of Crestone
Avenue; (c) the ea.st side of Cimmaron Avenue; and (d) the north and south sides of
151st Street. Bituminous paths (8-feet) shall be retained on the east side of Shannon
Pazkway 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.
1. Each development project shall meet the corresponding parking standards as
identified in Section 8 of Ordinance B, City of Rosemount Zoning Regulations.
Consideration of pazking 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 pazking 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 e�sti.ngJfuture 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 increa.sed setbacks for green space.
D. Landscaping.
I 1. Street and project landscaping shall meet the minimum standards as prepared by
Damon Farber Associates dated June 18 1996 a co of which is on file with the
, � PY
Rosemount Community Development Director. In addition, the following conditions
are incorporated:
a. A minunum of twenty-five percent (25�) of the total commercial PUD area.
shall be landscaped. Variations for lesser amounts may be permitted for
indivi
dual 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 minnnum 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 faot 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 minunum of thirty (30) feet shall be maintained for landscaping/berming
between perimeter parking and the rights-of-way of Shannon Pazkway; a '
minunum 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 5ection 8 of Ordinance B.
E. Screening.
l. A minunum four (4) feet screen with ninety percent (90%) opacity year round shall
be provided along Shannon Parkway north of 151 st Street and along CSAH 42 by
using a combination of landscaping and berming; bernung slopes shall not exceed a
3:1 ratio. Fxceptions to this screen may be permitted for certain features, including
but not limited to, site triangles, sidewa.lks 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 appropriaxe locations.
F. Arclutecture, Lighting and Signage.
Individual project architecture shall meet the guidelines as identified in the Architectural
Guidelines by CN�i 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 percen� (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 151 st 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 5treet, 80-feet wide right-of-way, 40-feet wide street.
h
e. S annon Parkwa 100-feet ri ht-of-wa north of 151st Street and 85-feet
Y, � Y
right-of-way south of 151 st 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 151 st Street.
H. Setbacks, Lot Dimensions, Height and Lot Coverage.
1. Minunum setbacks:
a. 30 feet from Shannon Pazkway 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 pazking 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, pazking 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 unpervious surfaces, subject to further site plan reviews in accordance with the
Concept Plan.
I. Permitted Uses.
Chippendale/42 Partnership
Page 5 of 12
'/� � .
1
Uses permitted shall be those identified in zoning istrict C-4, General Commercial,
Section 6.13 of Ordinance B; provided that no a o-oriented sales/service establishments or
outdoor display of inerchandise shall be perm' west of Crestone Avenue. Hours of
operations shall be limited to 6:00 a.m. 1: .m. for businesses operaxing in the
commercial lots adjacent to Shannon P . 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 DrainaQe: The Walgreens site will require catch basins and appropriate
piping from 151st Street to its parking lot. From that point the area will dra.in 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 dra.in 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 dra.inage 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. ���' ry 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 151 st 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 151 st 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. Light� 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 ,
Chippendalel42 Padnership '
Page 6 of 12
i
42 to 151 st 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. :
III. Residential Pl�nned U DeveloDment:
�
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 pla.tted 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 151 st 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 residentiai areas. The Ciry 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 da.ted 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
- i
1. Claret Avenue south of 151st Street, 60-feet wide right-of-way, 32-feet wide street.
2. 151 st 5treet, 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 151 st 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 totalland area
of Outlot E and Outlot F, McNamara Addition, minus any future commerciallot
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 pazk, 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 occars first.
IV. Conditions for Overall Planned Unit Develc�ment:
A. �al 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 fmal 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 8 of 12
1
.
easements. The rights-of-way to be dedicated shall incZude Shannon Parkway, CSAH 42,
151 st 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
comer of the site). The fmal 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, 151 st
Street will be constructed from its terminus easterly to just east of Claret Avenue (the south
leg) and Claret Avenue will be constxucted 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 CSA�I 42 will be constructed concurrently with the
construction of Crestone, Claret and Cunmaron Avenues, including all tiails 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
CSAFI 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-sta.ted 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.
V. Administrative Provisi�ns:
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
Chippendele/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, cla.use, 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 da.mage to public improvements caused by the
City, Developer, its contractors, subcontractors, materialmen, employees, agents, or third
parties.
E. The action or inaction of the Ciry shall not constitute a waiver or amendment ta 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 tlus
Agreement, at the Developer's request, the City will execute and deliver to the Developer
an appropriate partial release from this Agreement.
G. Ea.ch 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
Chippendalel42 Partnership I,
Page 10 of 12 �
�i
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:
Cathy Busho, Mayor
By:
Susan M. Walsh, City Clerk
CHIPPENDALE 42 PARTNERSHIP
By:
Michael 7. McNamara, a general partner
STATE OF MINNESOTA )
) SS
COUNTY OF DAgOTA )
The foregoing instrument was acknowledged before me this day of_
, 1997 by Cathy Busho, Mayor, and Susan M. Wa1sh, 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
Chippendale/42 Partnetship
Page 11 of 12
�
STATE OF MINNFSOTA )
� � ,
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of_
, 1996 by Michael J. McNamara, a general paztner of C�PErrn�.E/42
PARTNERSHIP, a Minnesota general Fartnership, on behalf of the Partnerslup.
Notary Public
Drafted By:
City of Rosemount
2875- 145th Street West
P.O. Box S10
Rosemount, MN 55068
Chippendalel42 Partnership
Page 12 of 12
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