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HomeMy WebLinkAbout7.b. Cope PUD Agreement AmendmentCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: November 19,1996 AGENDA MM: Cope PUD Agreement Amendment AGENDA SECTION: Old Business PREPARED BY: Dan Rogness, Community Development Director AGENDA -N ITW # 7 R_ ATTACM%1ENTS: Complete PUD Agreement APPROVED BY: Mr. Gene Peterson will be present at the meeting to represent Arlyn Cope on this proposed amendment. I am also including the full PUD Agreement for your review. Hopefully, the questions and concerns raised at the last meeting can be more fully discussed at this meeting, RECOMMENDED ACTION: MOTION to Amend Section 2.d. and 2j. of the Subdivision and PUD Agreement for Cope Addition to limit the allowable area of automobile service/repair uses within te existing building to a maximum of 49 percent. COUNCIL ACTION: City Council Agenda --- 11/19/96 Arlyn Cope PUD Agreement Section 2.d. is amended as follows, starting with line 11: ... by reason of approval of the PUD. all associated overhead/garage doors shall be located on the rear -(east) side of the In the event the PUD approval is made null ... Section 2.j. is amended as follows: The PUD Agreement legitimizes the automobile service and repair use, in accordance with the findings listed in Section 1 of this Agreement. However, it is understood that any action that results in expansion or intensification of the automobile repair use.,. as identified in Section 2A or alters the building or site improvements identified in Plans A and B, will require an amendment to the PUD Agreement. Subdivision and PLanned Unit Development Agreement CoPE ADDmoN THis AGREuvmw dated the day of ,1996 by and between the Crry oF Roamouw, a Minnesota municipal corporation ("City") and ARLYN CoPE, President, Repairs, Inc. and AVR Inc. Pension Plan & Trust (collectively referred to as the "Developer") - 1. RFQum FoR PLAT APPRovAL. The Developer has asked the City to approve a replat of land and a commercial planned unit development (hereinafter referred to as "PUD") to be known as COPE ADDmoN (hereinafter referred to as the "Plat!). The land is legally described as follows: PARCEL I That portion of Lot &xly-two (62), Auditor's Subdivision No. 1, Rosemount, in the Southeast Quarter (SEI/4 of Section Twent)r-nine (29), Township One Hundred Fifteen (115), Range Nineteen (19), described as follows to wit- Beginning at an iron 33 feet east of a point on the quarter line between the Southwest Qparter (SWI/4) and Southeast Quarter (SEI/4) 1340.20 feet south of the stone placed for the center of Section 29, Township 115, Range 19, thence East 122.14 feet to the C.M.St. P. & P. RR west property line, thence Southwest along said west property line 151.91 feet, thence West 98.19 feet, thence North 150.00 feet to the point of beginning, containing .38 acres, more or less, according to the plat thereof now on file and of record in the office of the Register of Deeds within and for Dakota County, Minnesota, together with PARcEL 2, described as follows: PARCEL 2 That part of the Southeast quarter (SE'/4) of Section 29, township 115, Range 19, Dakota County, Minnesota described as commencing at the northwest comer of said Southeast Quarter (SEI/4); thence south I degree 03 minutes 04 seconds West (assumed bearing) along the west line thereof 933.25 feet; thence South 89 degrees 09 minutes 23 seconds East 369.85 feet to the westerly right-of-way line of the CMC Heartland Partners Railroad property-, thence South 38 degrees 03 minutes 16 seconds West along said westerly right-of-way 205.13 feet; thence South 23 degrees 57 minutes 30 seconds West along said westerly right-of-way 209.52 feet to the point of beginning of the land to be described, thence South 09 degrees 51 minutes 44 seconds West along said westerly right-of-way 402.70 feet to a point on the westerly property line of the Soo Line Railroad, said point being 50.00 feet westerly of, as measured at right angles to the centerline of the main track of said Soo Line Railroad, thence North 24 degrees 05 minutes 37 seconds East along said westerly Soo Line Railroad property line, parallel with the centerline of said main track 390.35 feet to its intersection with a line bearing South 65 degrees 54 minutes 23 seconds East from the point of beginning; thence North 65 degrees 54 minutes 23 seconds West 99.00 feet to the point of beginning; which lies north of the following described line: Commencing at a point on the west line of said Southeast Quarter (SEI/4) distant 1490.20 feet south of the northwest corner thereof, said west line has an assumed bearing of South 01 degrees 03 minutes 04 seconds West; thence South 88 degrees 56 minutes 56 seconds East 133.60 feet to the westerly property line of the former CMC Heartland Partners Railroad property and the point of beginning of the line to be described; thence continuing South 88 degrees 56 minutes 56 seconds East 53.12 feet to a point on the westerly property line of the Soo Line Railroad, said point being 50.00 feet westerly of, as measured at right angles to the centerline of the main track of said Soo Line Railroad and said line there terminating. Subject to all easements of record. The Developer intends to combine and replat the properties and refer to it as the CoPE ADDMON, described as follows: Lot 1, Block 1, Cope Addition, and Outlot A, Cope Addition, together with easements for drainage and utilities. CopePUD par 1 Plans associated with this Agreement are as follows: Plan A .... Site Plan Plan B . . . . Sign Plan Plan C .... Plat Plan The COPE Commu4L PUD has been approved to include the antique automobile parts and repair service based upon the following findings: a. That entry and exit points to the site can be defined, as well as on-site circulation improved, thus enhancing safety and focusing traffic movements relative to State Tmnk Highway 3; b. That boulevard enhancements, in cooperation with the MUmnesota Department of Transportation QAnDOT) are possible through the PUD to contribute to the downtown redevelopment process. This, combined with other on-site improvements will serve to substantially improve the overall appearance of the property. c. That the site is not adjacent to any residential districts or uses. d. That the commercial PUD has multiple tenants and presents a mixed use combining a variety of retail commercial and office uses. e. That the orientation of the auto repair use to the rear of the property preserves the character of the property so as to be consistent with uses permitted in the Community Commercial District. E That the PUD process provides the opportunity to enhance the building appearance and bring the signage into conformance with the current ordinance standards. g. That the PUD process provides ability to address drainage issues. 2. SPECMC CONDMONS OF APPROVAL. The City, through this Agreement, approves the Plat and PUD upon the following specific conditions: a. Outdoor storage of parts, equipment, debris, trash and junk, or inoperable vehicles shall be prohibited on the property, except for the area improved with concrete at the southeast comer of the building. This area shall be screened and enclosed with an eight (8) feet high opaque fence, constructed to be compatible in color with the building. b. Easement agreements are required to be executed between all parties sharing access, circulation, and parking, in addition to drainage and utility easements and shall be recorded with property title documents at the Dakota County Recorder's office. The access, circulation, and parking agreements are required through the PUD to facilitate the on-site one-way circulation pattern as described in Plan A, and to provide for the use of shared parking upon properties owned by the Developer, Novak-Schwanz (PID No. 34-03700- 010-62) and Fluegel (PID No. 34-03700-010-63). c. Developer hereby agrees to execute "petition and waivee agreements in the form, attached hereto as Attachments I and 2, for assessment of public improvements to the property in connection with Plan A. Improvements to be made by the City will be in conjunction with CopePUD Page 2 public improvements planned for the area. Phase I site improvements will be linked to future roadway improvements along South Robert Trail. Phase H improvements will be tied to planned drainage improvements for Lower 147th Street. Details of improvements shall be provided for in the "petition and waiver" agreements. The on-site one-way circulation pattern shall be implemented with Phase I improvements. d. Developer understands and agrees that the approval of the PUD by the City is specifically made contingent on the common ownership, the City would not have approved the PUD, and common ownership of the two parcels will continue to be a condition of the PUD approval. In the event, at any time -in the future, the two parcels cease to be under common ownership and control, or if the cross easements required under Section 2.b. above are for any reason lost or terminated, the PUD shall be come null and void and the zoning of the subject parcel shall revert, with or without formal action by the City Council, to the C-2 zoning classification. Owner understands and agrees that use of the Subject Property for automobile service and repair is not a permitted use of the Subject Property under the current provisions of the City of Rosemount zoning code, and is permitted only by reason of approval of the PUD. In the event the PUD approval is made null and void by reason of failure to satisfy the conditions that both parcels be under common ownership, and the cross easements be perpetually maintained, the owner understands and agrees that any rights resulting from the approval of the PUD to use the Subject Property for uses which are not permitted by the City Code in C-2 districts, will cease, whereupon the owner will have no right or entitlement to use the Subject Property for any use which is not lawfully in existence as a nonconforming use of the Subject Property as the date of this agreement or permitted in C-2 zoning districts of the City. e. The property must be replatted and recorded with the County so that property acquired from the railroad is included in the PUD and that access to the rear of the building is guaranteed. Developer hereby agrees to prepare and record with the County a declaration of easement for Oudot A providing access to South Robert Trail upon Lot 1, Block 1; and that Outlot A provide for the benefit of Lot 1, Block 1 an easement for shared parking and access upon the property. Park dedication fees are hereby waived by approval of the City Council. The PTJD approval shall lapse at any time in the future when Lot 1, Block 1 and Outlot A, Cope Addition cease to be under common ownership & control; and zoning shall automatically revert to the underlying C-2 zoning. f All existing wall signs on the building shall be removed and replaced by an approved uniform sip style for all tenants in the building. The wall sip changeover shall be completed within six (6) months of the execution of this Agreement. A sign permit shall be requested and obtained by the Developer for each sign to be installed and shall be reviewed by the City for conformance with the approved Sign Plan, Plan B. All signs shall be in conformance with Section 10, Sign Requirements of Ordnance B - City of Rosemount Zoning Ordinance. g. All improvements shall conform with applicable building and fire codes. h. Prior to release of escrow funds on deposit with the City, the Developer shall: 1) execute this Subdivision and PUD Agreement; 2) execute the "petition and waivee agreements for public improvements associated with Developer's property; and 3) forward to the City certified copies of recorded easement documents providing for shared access, parking, and CopeFUD Page 3 circulation with adjacent property owners and including the declaration of access and parking easements between the lot and outlot in the Plat. i. The Developer is responsible for all costs incurred by the City for engineering and planning of all improvements to public and private improvements required in connection with the PUD and Plat, plus all costs for outside consulting and legal fees. j. The PUD Agreement legitimizes the automobile service and repair use, in accordance with the findings fisted in Section 1 of this Agreement. However, it is understood that any action that results in expansion or intensification of the automotive repair use, or alters the building or site improvements identified in Plans A and B, will require an amendment to the PUD Agreement. 3. GEMMAL CONDMONS OF PLAT APPROVAL. In addition to the special requirements set forth in paragraph two above, the Developer and, as applicable, the City agree to the following ternis and conditions: a. For two (2) years from the date of this Agreement, no amendments to the City's comprehensive plan, zoning ordinance, or official control shall apply to or affect the use, development, or dedications of the approved Plat, unless required by state or federal law or agreed to in writing by the City and the Developer or specified above in paragraph three (3). Thereafter, notwithstanding anything in this Agreement to the contrary, to the M extent permitted by state law, the City may require compliance with any to the City's Comprehensive Guide Plan, official controls, platting, or dedication requirements enacted after the date of this Agreement. b. The Developer shall install or agree to have installed by the City and pay for the following: 1) pavement for circulation and parking on private property; 2) concrete curb and gutter, 3) landscaping; 4) sidewalks; 5) traffic directional sips; 6) setting of lot and block monuments; 7) surveying and staking of work to be performed by the Developer, and 8) all other related improvements and costs associated with this project, as described in the exhibit of "Estimated Improvement Costs" for Attachments 1 and 2. c. The developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Plat to perform all work and inspections deemed appropriate by the City during the installation of improvements. This license shall expire after the Plat has been fully developed. d. All areas disturbed by the excavation and backfifling operations of the Development shall be reseeded forthwith after the completion of the work in that area. Except as may otherwise be provided for, seed shall be rye grass or other fast-growing seeds suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc -anchored, as necessary for seed retention. CopePUD Page 4 e. The Developer shall clean dirt and debris from streets that have resulted from construction work by the Developer, its agents or assigns, within 24 hours after notice by the City. L 7he Developer shall be responsible for the following development -related costs: 1) Except as otherwise specified herein, the Developer shall pay all, costs incurred by it or the City in conjunction with the development of the Plat including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering, and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of tins Agreement and all costs and expenses incurred by the City in monitoring the inspecting development of the Plat. 2) The Developer shall hold the City and its officers and employees harmless ftom claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or mcur in consequence of such claims, including attorney's fees. 3) The Developer shall. reimburse the City for any and all costs incurred in the enforcement of this Agreement, including engineering and attorney's fees within thirty (30) days after written notice of default and opportunity to cure. 4) The Developer shall. pay or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. 5) The Developer shall. pay in full. all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. 4. AI)MMMAIIVE PROVMONS- 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 comply, the City may, at its option, refuse to allow construction or development work in the Plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is Compliance. b. if any portion, section, subsection, 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. c. 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 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. d. The Developer represents to the City to the best of its knowledge that the Plat is not of "metropolitan significance" and that an environmental impact statement is not required. if the City or another governmental agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued from the agency. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees, that the City incurs in assisting in the preparation of the review. c4pepul) par 5 e. This Agreement shall run with the land and shall be recorded by the Developer against the tide to the property. L Each right, power, or remedy herem conferred upon the City is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, available to the City, 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 and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. g. 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. h. 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: Arlyn Cope, 14760 South Robert Trail, 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, Rosemount, MN 55068, Attn: City Aministrator. L Any amendments to tins Agreement shall be in writing and executed by both parties. j. This Agreement shall be governed by the laws of the State of Minnesota. IN WrrNEss Wmnm, the parties have hereunto set their hands the day and year first above written. Crry oF RosEmouNT , By: Cathy Busho, Mayor By: Susan M. Walsh, City Clerk DEvELoPER U-1 Arlyn Cope, President Repairs, Inc. By: AVR Inc. Pension Plan & Trust Its: CopePUD Page 6 -1 IN= 27cpaa NALMWA6 NO OVM= coumca 40VAK.$ 31CHWANZ 3LD'G 9 1 CONCRETE CURB AND GUTTER AREA OF BITUMINOUS PAVING PHASE 1 AREA OF BITUMINOUS PATCHING AREA OF BITUMINOUS PAVING PHASE 2