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HomeMy WebLinkAbout5. Arlyn Cope Commercial Planned Unit Development and Preliminary Plat 14760 South Robert Trail . � � City of Rosemount Executive Summary for Action City Couacil Meetiag Date: December 20 1994 Agenda Item: Arlyn Cope Commercial Planned Agenda Section: Unit Development (PUD) and PUSLIC HEARING Prelimina Plat Prepared By: Richard Pearson Agenda No: - Assistant Planner ITEM # � Attachmeats: Draft PUD Agreement; P.C. Approved By: Reviews; Site Plan; Application; Public Hearing Notice; Mailing List. Mr. Arlyn Cope has requested approval af a Commercial Planned Unit ; Development (PUD) that will legitimize his nonconformin.g` autamobile repair business. In order to recommend approval of the PUD the Planning Commission agreed with findings suggested by staff that support the PUD. In this case the PUD is being used as a substitute for a Conditional Use Permit (CUP) . The Planning Commission reviewed the concept on October 11, 1994 and the refined plan on December 13 , 1994 and recommended approval . Several concerns were identified by the Planning Commission during their review, including phasing of improvements and the relationship between Phase 2 of the PUD and possible city-installed utility improvements. The Public Hearing should focus on the design of the PUD which is discussed in detail in the attached Planning Commission reviews. Issues concerning the plat are being discussed by Mr. LeFevere and Mr. Cope' s attorney. The issues are generally related to the acquired railroad property and how to combine it with the Cope parcel . Therefore, staff recommends that the Public Hearing be conducted for the PUD and Plat, but that action be tabled until the platting issues are resolved. Recoaimended Action: A MOTION to table action on the Cope �, Commercial Planned Unit Development and Plat pending resolution ', to platting issues. City Council Action: , • �, 12-20-94.002 L . . . . . . � . � . . .. � . . . ���+ - _ . . . . . � . � . . . . . . .. . .'y' cmr NA�� �� `�`�; C I TY Q F RQ S E M O U N T z8�5—,45th stf�t W�t � P.O.Box 510 —� •` Rosemount,MN � � : Every�hing's Coming Up Rosemount!! 5soes-o5�o � �'� Phone:612•423-4411 � _ �... �_; .,,:-' Fax:612-423-5203 TO: " Planning Commission FRONL• Richard Pearson, Assistant Planner DATE: December 6, 199�# SUBJ: December 13, 199� Regular I�fe�ting Revie�vs Agenda Item Sc. ATTACHI�IENTS: Site Plan �vith Building Elevation SG ARI.YN COPE: REPAIRS, INC. COMMERCIAL PLANNED UMT DEVEI.OPMENT SL FINAI. ! DEVEI.OPMENT PIAN R}:VIEW: 14760 S�actlt Robert Trc�il �, On October 1 l, 199�, the Planning Commission revie�ved the concept for Arlvn Gope's II commercial PUD located bet�veen the Novak-Sch�vanz building and I<<vik Trip on the east side ' of South Robert TraiL The PUD'legitimizes the non-conforming auto repair business in the building�vith site improvements including channelized access, circulation, parking, paving and landscaping as trade-offs. The Planning Commission identified issues with the concept that have generallv been addressed by the final development plan. Outdoor storage and trash accumulation, vehicle storage, side�vallcs and lighting�vere discussed. Circulation, landscaping and parkin;�vere also discussed tivith plan revisions e.Ypected to be forthcoming. The Port Authority is considering participation with improvements extending fronn 1�7th Street south to the I�wik Trip site. Generally, the improvements include boulevard landscaping and some curbing, drainage and grading treatments. These improvements, although directly related to the property inlprovements, must be considered as a separate project and should not be viewed as an impediment to the approval process. Conceptually, all of the irnprovements �vithin the NInDOT right-of-way�vould be the Port Authority's responsibility. FINDINGS FOR PLANNEll UIVIT DEVELOPMENT The PUD process is not nornlally used to lea tiniize a non-conforniing use. A conditional or special use perniit process is more appropriate, but Rosemount has no such process. Therefore, Planning Staff su�,ests that findings be tnade in support of the PUD and then a list of conditions of approval �vill be assembled, and recorded �vith the property via a planned unit development ab eenlent. FINllINC�S R}: UIIZI;D FOR A PLtVYNEll UNIT D1;VEI.OPMENT In approving the Concept Plan, the Plannii�g Conlniission tnust find as follo��-s and for�vard � its findings to the City CouctciL• 1. TI►r Plrt�i pre�ri�les si�cie�ct r�sertL/r.v�e��r sprter rt�ed�rvirlr�rces ct sttbstctntictl�reservrttivn �f�uthtrr�l fr�ch�rrs to ►vrtrra�rt tl�r��rrinti�iJ cf�i�rtriti�ccrs tkrntc�l�Plrr�u�r�l Uicit Dr.vel��nrent. ?. Tl�e Plrt�� cmt���lirs �virh r1�t� i�tte�rt of tl�r Cvrtiprehe�►sire Guirle Plct�i. 3. Tlu�pro����serl de�relopmr�rt will ne►t l�e rlrtrinrentrtl to surr��rr�iclin�;�rvperties. �,�.��„�,�,�,,,�, . � � . . . . . � � conr�m;nR IJ`e . ;ioutonwmrr marrrulf. Reviews for 12/13/94 P.C. Meeting ` , Arlyn Cope PUD/Final Development Plan Page Two 4. The Plan is more crecttive attd will provide a better living, workin�, or sltappittg ertvironment thnrt u possiblc uncler strict orclirtctncc reqtcirements. Given the absence of natural features to preserve, the context of redevelopment or improvement of e;cisting structures, access, circulation and site enhancements should be used , to make findings in support of the PUD. These findings should include: 1. That entrv and exit points to the site can be defined, as �vell as an on-site circulation � improved thus enhancing safety and focusing traffic movements relative to TH 3; 2. That boulevard enhancemenu in cooperation �vith 1�InDOT are possible through the , PUD to contribute to the Do�vnto�vn redevelopment process. This combined �vith other �, on-site improvements to the site will serve to substantiallv improve the overall appearance � of the property; 3. That the site is not adjacent to anv residential districts or uses; 4. That the cominercial PUD has multiple tenants and presents a miYed use combining a varietv of commercial and office uses; and 5. That the orientation of the auto repair use to the rear of the property preserves the eharacter of the property so as to be consistent �vith uses permitted in the Communirv Cominercial District. 6. That the PUD process provides the opportunity to enhance the building appearance and bring the sib age into conformance with the current ordinance standards. 7. That the PUD process provides ability to address drainage issues. FINtV_DEVF.LOPMENT PT.AN REFINEII�NTS The parking and circulation design has been modified to allo�v for one-�vay traffic bet�veen the Novak/Sch�vanz building�vith angled parking on both sides. Almost all of this propeny belongs to Novalc/Sch�vanz and therefore, a series of easements £or shared parking, access and circulation �vill be required for approval of the PUD. The orientation of the parlcing in front of the building facing THE 3 preserves the pedestrian wallc�vay adjacent to the building. The landscaping has been inereased to include four boulevard trees. The cooperation of MnDOT is needed because t�vo of the trees are in TH 3 right-of-wav as �vell as any additional plantings that may screen headlights. A building elevation has been provided which sho�.vs the intended tenant �vall sia age. A pylon sign desib is presented as tivell. Planning Staff have indicated that the pylon sia should be adjusted to allo�v a minimwil of three feet of clearance froin any adjacent curb. Additionallv, the sib should be no larger than 30 sq. ft. in area. PROTECT PHASING &PROCESS Stonn se�ver iillprovements for 1�i th Street are needed to address the ponding problems in this area. As a result, some of the improvements �vill be phased. A tenlporary ponding area will be b aded in the north east corner of the site until the stornl se�ver project is coinpleted. The iiiiproveinents associated «zth the front and side yards should occur in the first half of 1995. Iiilproverilents in the rear vard area �vhich nlav be affected by a possible City storni sewer project wouldhappen at a later phase. ._ � Reviews for 12/13/94 P.C. Meeting Arlyn Cope PUD/Final Development Plan Page Three Previouslv, on October 11, 199=�, the Planning Commission passed three motions for the FUD: 1. Recommending approvai of the concept PUD; 2. Recommending approval of the plat combining parcels for the PUD; and 3. Recommending the a public hearing be set for Citv Council revie�v of the PUD. The public hearing has been set for December 20, 199�. A Planned Unit Development agreement�vill be assembled to secure the improvements and specifv the requirements of the PUD approval. RECOMMENDEll ACTION MOTION to recommend to the Cicv Council approval of the Commercial Planned Uni� Development for 1�760 South Robert Trail (Arlvn Cope's Building) with the follo�ving conditions: � 1. Outdoor storage of parts, debris, trash and junlc or inoperable vehicles �vill be,prohibited in accordance �vith Section -�.9 of the zoning ordinance. An opaque fenced in enclosure will be constructed in the south'east corner of the building of materials compatible �vith the building for dumpster container storage. 2. Easement ab eements are required to be executed bet�vee� all parties sharing access, circulation and parking in addition to drainage and utilitv easements that tivill be recorded with property title documents at the County recorders' office. 3. Access, circulation, b ading and utility plans and easements must be approved and accepted by the City Engineer. 4. The pedestrian door located on the southern building elevation must be protected by curbing from vehicular traffic. 5. A security must be posted in a form acceptable to the City Administrator for site improvenlents including an site curb and gutter, landscaping, paving, and striping. I 6. The property nlust be replatted and recorded �vith the County so that the property acquired from the Railroad is included with the PUD and that access to the rear of the ' building is a aranteed. Parlc dedication �vill be required unless waived by the Citv Council. 7. The sign plan as presented establishes the design and location for all �vall sib s that will henceforth be permitted for the building. The pylon or b ound sign must be adjusted to maintain a minimuni of three feet of clearance fronl any curb and that it other�vise be in confornlance �vith Section 10 of the zoning ordinance. 8. All inlprovements must confonn �vith applicable buildiitg and fire codes. ��,1. � . C I TY O F RO S E M O U Iv T z8�5-`;TMth s�t W�t �" P.O.Box 510 — � Rasemount,MN � � Everything's Coming Up Rosemountl.► s5oea-osia '��..: . . Phone:b12-423-441 t - . Fax:612-423-5203 TO: - Planning Coinmission FROM: Richard Pearson, Assistant Planner DATE: October 7, 1994 SUBJ: October 11, 199� Regiilar Meeting Revie�vs Agenda Item 6c. ATTACHMENTS: City Engineer Bud Osnlundson Coitiments; Conc:ept Plan; Survev; A�plication. � 6C. ARLYN COPE: REPAIRS, INC. COMMERCIAL PLANNED UMT DEVELOPMENT CONCEPT REVIEW SLADMIMSTRATNE PI.r\T - 14760 Soutli Rabert Trail PROPOSAL: Mr. Arlvn Co�e is requesting approval of a commercial planned unit de��elo�cuent that would allow his autoitiobile repair business to be conducted in a building in t�ie G2 Cosu�nunirv Cotiiiiiercial District. In addition, Mr. Cope is acquiring fornter railroad land from CMC Heartland Partners that will give lwti control of land 'unntecliately behind lus liuilding, dius guaranteeuig access to an overhead door on the east side of die b�ulciing. The �lat�vill attach the fontier railroad propertv to the lot occupied by the buileiing. BACI�GROLJND: Last fall, Mr. Cope acquired the builciing fonnerly accupied l�y Best Video and Tan. At tliat tiiiie, he requested a rezoning to C-4 General Commercial in order to legitunize the auto repair business. Ultuttately, the City Council denied the rezoning but directed Mr. Cope to put together a Planned Unit i�e��elopment. A PUD'is appropriate, given that the builcling lxouses - multiple uses. Currently, tlie builciing is occupied by Mr. Cope's Repairs, Ine.; an insurance office; a vactiwii cleaner repair and sales shop; �neeting space for Alcoltolics Anonyinous; and recently, a pa�m shop. With tlle exception of Repairs, Inc, all of tlle uses are �erniitted in the C-2 Coiiiini►nitv Development District. The U-Haul rental business is cliscontinued. � DISCUSSION: The buildin �vas ori ' allv builci�+ritll a service garage that inclucles an overh�ad g $� , : door and velucle lift accessed frotn the east side, facing dte railroaei tracks. The design pro��icies the ' al�ility to isolate the auto repair relateci activities to the rear of tlle l�uilding, oat of vie�v from South Robert Trail. This is a unique situation that mitigates t11e noniially incontpatibility of autoinobile repair and sales businesses in tlie Conuniuurv Conutiercial District, Unlike tlte district �vzst of South RoUert Trail, tlle use is not adjarem to residential uses. The adjaceiu railroad righc-of-�vav is consideraUlv�vicler th�n the usual 100 feet as it contains the s�vitch that connects tlle s��ir tor rail ser�zre to Greif Brothers, Inc. Tlie nearest CMC Heartlaiid property s�utlieasr of tlie s�ur is n�t �art of tile approved preluuinarv pl�t for residential use. SITE ISSUES: Currentiv, the site lias unrestricted access to Soutll Robert Trail�vith no definition of entrv and exit or separation of parking from the lughwav. There is also no landscaping nor an effirient �vav of ti�ati�ging st�rni �vater ninoff. A large pond usiially appears belund the N�vak/Srlt�vanz builciing aft�r raii�fall or stio�vtt�elt. The cira�ving shows the entire east side of Soutil RoUert Trail from Fluegel's to I<<vik Trip. T'he ��arious «ses tetid t�interrelate, but tlte ct►rrent a�plicatic�n oiily c�t�cenis Mr. Cope's l�uilciiii . Bisrussions �vill be usefiil f���fiiture consideration and plan refineiiient. � """`�°"'�vc1rdw°" raMiinm¢IJ•... pnt�eonwm�v.�nalr�ials. Reviews Eor 10/17/94 P.C. Meeting , Arlyn Cope PUD Page Two AccEss &P,�arrrs: The proposal will channelize access into a northerly entrance that als� serves die Novak building. Parking will be striped bet�veen dle buildings. die plan shorvs 90 mi�ced�vith 45 degree parking. If die 90 is s�vitched to 45> space would l�e created for£oundation lanciscaping adjacent to the build'uigs. The current miY allows for t�vo�vav circulation. The front of the Uuilding has a one way traffic lane from north to sauth with 45 degree parking facing the street. The drive�vay between the Cope building and I<wik Trip will be a=one way out- exit only. In addition , there will be double loaded parking in the rear of the building were space allo�vs. The angled I, parking along the north side of the building belongs to iVlr. Novak but it tends to serve dle Cope I, building. If iVlr. Novak grants an easement to Mr. Cope, than the indicated parking equals the I orciinance requireitients for 36 stalls. ''�, BUILDING ISSUEs: No building pern�it has been requested. Ho�ve��er, the U�ulding has been recentiv painted. There should be a sign plan that provides for consistency ariiong all of tlie signs on dle building. The recent pa�vn shop sign is teinporary and�vill be replace �vitli a sigci tliat eonfonns �vith a forthcoming sign plan. Mr. Cope has indicated tilat he prefers incii�zdual lilocic letters. LANDSCAPING: The concept sho�vs one tree and 47 shrubs. The intent�vas to mutiic the I<<vilc Trip treat�iient. I<rvilc Trip concentrated most of their trees around a small pond at the south corner of tlle site. They also have a canopy that is 12 feet froin the right-of-�vav. The Coge build'ulg�vill have a curbed island separating�arking froin South Robert Trail�vith opportunity to plant bouievard trees consistent rvith standards. The only other o�portunity is to plant along the railroad tracks east of tll�e rear parking. Mr. Cope has e�cpressed lus�villingness to itiodify aiid enhance d1e land�cape plan. OTHER ISSUES: A loaciing dock is sho�vn along tlle rail spur to the east. Tlus dock is still used ancl must remain as part of the agreement for the land purchase. It will only be re�tioved aher it has been unused for one year. Bud Osrnundson, the City Engineer llas provided separate comrtients relative to drainage and grading issues. CoNCLUSION: The coiYimercial PUD provides an opportunity to unprove the appearance of an existing buildiiig, install curb SL gutter to defiine parking anc� chaiulelize txaffic �lo�vs in adclition to landsca in as a trade off for le 'tiinizin a non-confonnin auto re air use t�lat can be maintained P � g g P g out of view froin South Robert Trail. RECOMMENDATION: A MOTION to approve the concept con�auercial planned unit developinent for Arlyn Co�e's building at 1�760 South RoUert Trail subject to plan mociifirations anci refuieinents as pre�zously discussed and s�ecified by the City Engineer, and entering into a cle�•elopiiieiit agreen�ent to sectire the uitprovements. -AND- . A MOTION to recoiiirtieiid appro�-al of tlie plat for 1=�7G0 South RoUert Trail as a rotidition of tlie PUD. -AND ,.. ... A MOTION to recoii�it�end tl�at tlle City Council set puUlic hearings for the plat and the ronuiiercial PUD. r - I MEMO T O; P� NNING COMMISSiON FROM: BUD OSMUNDSON, CITY ENGiNEERIPUBLIC WORKS DIRECTOR bATE: OCTOBER 7, 1994 RE: ENGINEERING AND PUBLlC WORKS COMMENTS ON THE ARLYN COPE PUD As we understand it there are proposed improvements to be completed along the east side of TH 3 from the Kwik Trip, which is adjacent to the Ariyn Cope properry, all the way to Lower 147th Street through the Chuck Novak and Jerry Ffuegel properties. The proposed improvements are curb & gutter, with a closure of much of the access to TH 3, and the instailation of landscaping behind . the curb. From an engineering standpoint there are two concerns with the installation of the cucb & gutter. The first is acquiring a MNDOT permit to allow work within the right-of-way. The proposed pian is to install the curb on approximately the same alignment as it is north of Lower 147th Street. This would put it approximateJy 3' off the outside of the d�iving lane on Trunk Highway 3 as it is presently striped. Secondly, whenever curb is installed one has to be concerned with the drainage. However at the October 6th mesting that was held out on the site, it appeared that all property owners could live with the drainage being directed through driveways back to the east. At this time, the storm water run-off ffows behind the buildings from south to north where it is collected at catch basins at Lower 147th and Burma. A ponding problem has existed for a number of years immediately behind the Novak and Cope buildings. However the run-off does flow through the Fluegel yard but leaves many puddles and ponds which creates potholes and continuous maintenance problems in this area. Mr. Cope and Mr. Novak have agreed to put in a temporary pond on the land in the northeast corner of the Cope site. This would help for sma(I rains, but in larger storms the water would flow as it does today. In the future after irnprovements are done to the storm drainage pipe in Lowe� 147th , Street and Burma, a pipe would be instalfed ihrough the Fluegel property to collect this storm water drainage behind the Novak and Cope properties. This appears to be acceptable to all parties. The traffic circulation has been addressed by Planning and the Engineering Department concurs. � Therefore the Publie Works does not have any objections ta the Cope PUD with the noted ' temporary ponding. This pond should be constructed as large as possible. In the future this pond could be filled and a parking lot constructed over the top when the cateh basins and pipe are installed through the Fluegel property. ��::i:-y� . -� CITY OF ROSEM4U NT Z8>;`;TM�hs��W�t P.O.Box S 10 — Rosemount,MN Everything's Coming Up Rosemounr!! 5;oba-osio Phone:012-�t23-441 T . � Fax:012-423-5203 �" Pub�ic Notice COPE ADDITION FINAL PLANNED LINIT DEVELOPME�I'I' &PLAT 14760 SouTt�t RoBERr T�n, TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, the City Council of the City of Rosemount will hold a public , hearing on Tuesday, December 20, 1994 in the Council Chambers of the Ciry Hall, 2875 � 145th Street West, beginning at 8:00 p.m. or as soon thereafrez as possible. , The purpose of this hearing is to receive public input and comments on a request from property owner Arlyn Cope (Repairs, Inc.) for approval of a final concept plan unit development and plat proposed for property located at I4760 South Robert Trail. The planned unit development and final Cope Addition plat pertains to subject property legally described as follows: That portion of Lot 62, in Auditor's Subdivision No. 1, Rosemount, in the Southeast Quarter (SE1/{) of Section 29, Township 115, Range 19, described as follows to wit: Beginning at an iron 33 feet east of a point on the quarter line between the Southwest Quarter(SW1/�) and Southeast Quarter(SE'/4) 1,340.20 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 south�vest along said west property line 15 I.91 feet, thence west 98.19 feet, thence norch 150.00 feet to the point of beguuung, 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. Mr.Ariyn Cope is is requesting this hearing for consideration of his planned unit development and plat for the above described property to accommodate a mixed use of the property including his auto-related business as well as lease o£fice and commercial space far the balance of the e.Yisting building. The property is currently used as a multi-tenant retaiUoffice building. Persons wishing to comment on this rezoning petition are invited to attend the meeting on ' nts will also be acce ted rior Tuesdav, December 20, 1994 at 8:00 p.m. Wntten comme p p to the meeting date. Please forward all comments and inquiries to the City of Rosemount Plannutg Departmen� � Dated this Sth day of December, 1994. �ZJ /J� � �r j. fG St an M. Walsh, ity Clerk ity af Rosemount Dakota County, Minnesota � . � . � � � � �. . � � � . � � � 7nn.�ea a,rcndee aaon� . �ont�w�nt)P'- ;n,/n(Myy(Ik/lIIJMuIf. COPE PLAT AND FLANNED UNI'T DEVELOPMENT Mailing List 1. Charles Novak Architect 3403700-010-b2 . 14750 South Robert Tra�l Rosemount, MN 55068 2. Arlyn B. & 7oanne 7. Copes 34-03700-020-62 14760 South Robert Trail (Subject Site) Rosemount, MN 55068 3. Convenience Store Investments 3403700-030-62 1626 Oak Street (Site: 14810 S Robert Tr) - LaCrosse, WI 54603 4. Fluegel Elevator Inc. 34-03700-010-63 P.O. Box 4 Rosemount, MN 55068 5. Milwaukee Land Co. 34-03700-010-65 %CMC Real Est Corp. ' 547 Jackson Blvd. W., Ste 1510 P.O. Box 6205 4 Chicagq IL 60680-6205 6. John &Mazgie Ryan 3403800-130-14 3465 143rd Street West 3424850-0i0-Ol' Rosemount, NIN 55068 (Site: 14745 S Robert Tr) 7. David Lawson 34-24850-020-01 14785 South Robert Trail - Rosemount, MN 55068 8. David McKinley 34-24850-030-01 14805 South Robert Trail Rosemount, MN 55068 9. Ronald J. & Mazgery Pankratz 34-47400-170-00 14810 Cambrian Avenue - Rosemount, MN 55068 10. Ronald J. & Deborah A. Russell ' 34-47400-180-00 14800 Cambrian Avenue Rosemount, MN 55068 1l. David P. & Linda M. White 34-47400-190-00 14790 Cambrian Avenue Rosemount, MN 55068 12. Mary A. Fleming 34-47400-200-00 14780 Cambrian Avenue Rosemount, MN 55068 13. Richard W. & Anna T. Klatt 3447400-210-00 14770 Cambrian Avenue Rosemount, MN 55068 14. Kevin I. & 7ulie-A. Kvznia 34-47400-220-00 14760 Cambrian Avenue Rosemount, MN 55068 15. David R. & Carol M. Harwell 34-47400-230-00 14750 Cambrian Avenue Rosemount, MN 55068 16. Helen C. Strese 34-47400-240-00 Rose M. Ervasti 14740 Cambrian Avenue Rosemount, MN 55068 17. Robin K. Kowalke 34-47400-250-00 14730 Cambrian Avenue Rosemount, MN 55068 18. Ramona A. Kraft 3447400-260-00 14720 Cambrian Avenue -Rosemount, MN 55068 19. AVR Inc. Pension Plan & Truste (Original Property Owner) 6801 West 150th Street Apple Valley, MN 55124 a . September 14, 1994 ' City of Rosemount ' Submittal for a Planned Unit Development ' , ' Arlan Cope property _ 14'7th block at Highway 3 , TO THE COUNCII.: ' We are requesting that the city of Rosemount approve a Planned Unit Development(PUD) ' for this property. There is no adequate way,outside of a PUD,that Mr Cope could get the zoning that he needs ta operate an antique car parts and repair business, Repairs Inc., plus rental of trailers as well as retail rental space. At the time Mr. Cope took over the building,these were the problems he faced: Bringing the building up to code Painting the building Signage on the building as well as pylon sign on boulevard Gaining access to rear of property Not enough parking for building Building too close to the street Cross easements for access to property Mr Cope first of all proceed to bring the building up to code. Second he purchased the property direcdy to the rear of him from the railroad whieh provided the necessary parking for the building,storage and display of his trailer rentals. He worked with the adjoining business to get the necessary easements for enuance and exits to his property. He has completely painted the exterior of the buiiding. He still has to put'the signage on the building. He is working with the Port Authonty to get funds to handle the unpravements on the front of the property adjoining Highway 3 for entrance and e�cit plus land�caping, parking, and pylon signage. By using the PUD approach we are able ta make his business compatible with the city regulations. As you can see by the enclosed plans, not only has Mr.Cope done the above things, but he had also handled the safety factor off of Highway 3. He has dressed up the front of his property which is somewhat of a gateway to the city of Rasemount. I believe Mr. Cope has invested in the future of Rosemount by making all these changes and has proven his faith by doing so. I recommend you approve this Planned Unit Development for Repairs, Inc. I have attached a set of plans and survey including the property purchased from the railroad as well as the Port Authority submittal. �I', Thank you for your consideration. Y ur very truly, ,, , i airs Inc. lan Co e, Re , P P I m/" "�-E�ag�e"E.Pedersen ' Date Received: " City o,�' Rosemount � . P.O. Box 510 2875 145'iH S7'�ET WEs'C Ros�ouNr, MN 55068-0510 (612)423-4411 �r�c��.�a� �R �iA�r� I��.D��or��:��) . :. 1, I�f� � S �� 3 � �� Nanze of pplicant (to be ed o legal d ume ts) elephone No. 2. � " SO �/ 1�� � ' A ress of Applicant Fax No. � y,/ � g- 3. t.� �i�/ � Naf�ie f Consulrara Telephone 1Vo. / � � � � �/ _..��-/ �. c� l � ��` � � dress o consulranr Fax o. � Ad f 5, ��''✓ v . i Name o Pro e wner f P �' `��a`� 33 � � / 6 / �I� � s �/ A�Idress of Property Owner Telephone No. ,. � , Gl.�� c � Current Zon'zig P�•oposed Zoning (if applicable) g. � �° � ��Yln '� Presenr se Proposed Use (if applicable) a 9. � �' / �Q�� U �d PUD Fee ($S .00) Escrow ($1,000.00) Received By � 10. Street Address of Property(ies) Involved: / So�G '� �ll Current Description(s) and Survey Attached? S�-°� G � Revised Descri tion(s) and Survey Attached? �o � � P --�-- � 6. Project Description: e G � � , PUD/APP.93 t � Date Received: � � Ci o : Rosemount . � � PA. Box 510 2875 145TH S'rxEE1'WFs'r Ros�ourrr, MN 55068-0510 (612)423-4411 , . .:.....:..::.:. ,.�:.s::,.::.:;:.;:. :: ::.;:>:>�s;>;;.:::::::>: _ - ::::;;.::�::>::::>::;:::;:`.;:<:;:::>;;::::>::>:: ., . . . : . ( „ � . ' ������. j� F iC:,v::� ii. .. . .... �� - .: . .: :: :. i :. � .�i � �Li� ��.. . . �� .................................�................. . ...:.. .. . ..i::ii':::iL:iii:i: � �:.:� � � ... ............:........:::n�......... :::.::<[.�r"::>..:.�.�<^iY..iYii:::.�_::iii};'�: :.:����'.. :.: :.. .. .::.:: . .:�. . . �::....,-;....;.....:.:..::.::..;;...n:::�:::v. ....:... ............... - 1. N� ✓ - �' 1 � Name of Applicant (to be use o le do e � T phone No. � 2. � � �v � �s� �u�r �`'�-�(� Address of Applicant Fax No. 3. l� � , e�/ � �.g-�, Name onsultant Telepho No. , �r� � �'��� 1�i .��/ � a.. 1 �- Q /� �y/aZ � , !l� Address of C ultant Fax o• � 5. � Name o roperry er ., C s � �� ��� 6. �q � � �� ��/ Address of Properry Owner Telephone Na �. C � � Current Zonin Proposed Zoning if applic le) � s. S�s .��r'l'Yl°u Prese t Use Proposed Use (if applicabte) � �_ - - _ _ 9. $ - - - - _. Plat e . Received By �/�a� 10. Location Map of Property(ies) Involved Attached? G � Current Description(s) and Survey Attacheri? � Revised Description(s) and Survey Attached? � .... 6. Project"Description: G � - _ • PREPLTAP.93- i \ ` . - • � `! ' .. .` � � ' . • � �.` • � ANCiE$ • '�`,� • �.,� `� . •�•�� � , ' .�4 � � . � � . . . � . �`` ,� . � �y � . � � � . . i ' � � ' , i • � � . i i � i ( . . . . . . t �� �� I ' j . � . � � � . . � . . . �� . j i , � t j ^ � . � I i C I ' ' ' � � i � SHAIIED aREA NQ.2 INDtCaTES,�E cXTENT � QF THE HITUMINQUS �VERLAY ASSCCtATED GRAVEL PARKING AND 4ANEWE�ING � vITH PHaSE 1 �F THE REDEvELQP!�E�T. ` AREA. HITUMINaUS Tp BE ADDE� �S �� 1/2 OF QVERLAY ASSQC:ATED VITH THE / PART �F PHASE 2 CF RE�E`/ELCFMENT COPE BUII.DING AND THE QTHER '�ITH 7HE ! � � �� NaVAK/SCHWANZ HUI�DING. . � TRIPE PARKING L�T VITH VH17E PARKING RR � , . ��� '� PA(N L� 'r` DEGREE�ANGLE. QNE VAY � t DRIVE, PARKING fiTERa; , - . . -. - . ; :1 `�� . � ;o.e.cuRd . � � � . ., o , . �, .=� ,, � � �' , � ,� ' ;;� : 3� `� _ �i j � _ __ _ _ - �° , �� ,' ibc I' � ', ; � ' � > j' ' CuP� BJTL�INU � � a' i�Z � '. �I . � >-� � � c, � . � � . � � %� 3 � ,•� ¢ �,, i c�.z 3 '�, � D �� '��� W - 3'-6' � ■ �f i 45• 1 �\\ 'f O n � � � • ' � QNE WAY DRIVEWAY _ a , , ;. � `,� A " / � �`: � `, ' ` . � �, —.F— :�.ro= '� `�\ . `\ � \ . \ ��` .•. . � - j . ,� �` A `�-. `�� • • A! �•! �'� !• . � - ''i �� ir+y, �. .`� .t�X �� . .``: . •� ,c�... � . . t � • _� �+ 7� • • . . . � ' �W��'` �� J�L • �>''�' �� � � . �.. . . . . . � �! ' % ` 4y :� ' �`•• . . ' �NE�r 2a•-0• wIDE BITunIyC. PYL�� SIGN, SEE,DETAtL �THIS SHEET � VITH 6' VIDE CQNCRETE C_ RE�UIREMEN7S �F THE CI?.� NEv 24'-0' WIDE 82TUMIN�US DRIVEVAY $TATE H2GHVAY DEPARTME'• VI7H 6' VIDE CDNCR_TE CURH P�R THE � R��UIREMENTS ��' THE CITY AND THE �SHADED AREA NQ.1 INDI�A _ STATE H:GyJAY DEPaR7MEN7 �� pF TkE NEw $ITUMINOUS 2= .� �aRKINC aR£aS aSS�C2F'"c_ �,7R';�K 0� PHASE ; �F �- ��•, S ( T E P L A N ��—;,^� ��-E cuas Ahs au�-_ y. 4_ :3�u: -� ,^�,F ?ML �i�- / S� � ��=� ' - " NO`SCALE. � • ����� Subdivision and Planned Unit Development Agreement COPE .ADDITION THIS AGREEMENT dated the day of , 1994 by driC� 1?etWe�n t11e CITY OE ROSEMOUNT,a Minnesota rnunicipal corporation ("City") and ARLYN COPE (the "Developer"). �I 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a replat of lanc� �i and a commercial planned unit c�evelopment to be known as CoPE Ao�[T�oN (hereinafter , referred to as the "Plat"). The land is legally described as foll�ws: ' That portion of Lot Sixty-two (62), Auditor's Subdivision Na 1, Rosemount, in the Southeast Quarter ', (SE'/�+of Section Twenty-nine (29), Township One Hundred Fifteen (115), Range Nineteen (19), described as fotlows to wiC Beginning at an iron 33 feet east of a point on the quarter line bettiveen the , Southwest Quarter{SW�/�) and Southeast Quarter(SE'/.�) 1340.20 feet south of the stone placed for the center of Section 29, To�vnship 11�, Range 19, thence East 122.14 feet to the C.M.St. P. SL.P. RR west property line, thence Southwest along said west properry 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 that part of the Southeast quarter(SEl/�) of Secdon 29, township 115, Range 19, Dakota County, Minnesota described as commencing at the northwest corner of said Southeast Quarter (SE'/*); thence south 1 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 alang said westerly right-of-way 205.13 feet; thence 5outh 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 centeriine of said main tracic 390.35 feet to iLs 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 ofbeginning; which lies north of the follo�ving described line: Commencing at a point on the west line of said Southeasc Quarter(SE'/a) distant 1490.20 feet south of the northwest corner thereof, said west line has an assumed bearing of South O1 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 GMC Heartland Partners Railroad property and the point of beginning of[he 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 angies to the centertine of the main track of said Soo Line Railroad and said tine there terminating. Subject to all easements of record. The Developer intends to combine anc� replat the properties and refer to it as the CoPE ADDITION,described as follows Lot 1, Block 1, Cope Addition, together with easements for access, drainage, and parking. The COPE COMMERC[AL PLANNED UNIT DEVELOPMENT has been ap�roved to includ�the antique automobile parts and repair service based uFon the followin� findings: CopePUD Pay,e 1 a. That entry and exit points to the site can be defined,as wel�as on-site circulation improved,thus enhancing safety anc� focusing traffic movements relative to State Trunk Highway 3; b. Tha#boulevard enhancements, in cooperation with the Minnesota Department of Transportation(MnD01�are possible through the planned unit development to contribute to the downtown redevelopment process. This,combined with other on-site improvements will serve to substantially improve the overall appearance of th�property. c. That the site is not adjacent to any residential c�istricts or uses. d. That the commercial planned unit development has multiple tenants and pres�nts 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. f. That the planned unit development process provides the opportunity to enhance the building appearance and bring the signage into conformance with the current ordinance standards. g. That the planned unit development process provides abiliry to address drainage issues. 2. SPECIFIC CONDITIONS OF APPROVAL. The City, through this Agreement,approves the Plat upon the following specific conditions: a. Outdoor storage of parts,equipment,debris,trash and junk,or inoperable vehicles is prohibited,in accordance wifih Section 4.9 of Ordinance B-City of Rosemount Zoning Ordinance. An opaque fenced in enclosure shall be constructed in the southeast corner of the building of materials compatible in appearance with the building for dumpster container storage. b. Easement agreem�nts 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. c. Access,circulation,grading and utility plans,and easements must be approved ane� accepted by the city engineer. d. The pedestrian door located on the southern building elevation shall be protected by curbing from vehicular traffic. e. A security shall be posted in a form acceptable to the city administrator for site . improvements,including on-site curb and gutter,landscaping,paving,striging,and directional signage. The City may,at its discretion,allow securities to be posted for th� improvements refened to in this planned unit development as future phases relate to future on-and off-site storm water improvement projects. f. The property must be replatted and recorded with the County so that property acc�uired from the railroa� is included in the planned unit development and that access to the rear CopePUD Page^_ of the building is guaranteed. Park c�edication will be required unless waived by the City Council. � g. A sign plan,approved by the Community Development Department,shall establish design and location criteria for all wall signs and shall be approved prior to issuance of a building or sign permit assuring compliance with the approved sign plan on file with the City. All wall signs will be brought into conformance with the approved sign plan within six(6) months of the execution of this Agreement. T'he freestanding pylon shall be adjusted to maintain a minimum of three{3) feet of clearance from any curb and shall otherwise be in compliance with Section 10 of Ordinance B -City of Rosemount Zoning Ordinance. h. All improvements shall conform with applicable buildingand fire codes. i. If the railroad property is platted as a separate outlot,then a restrictive covenant shall be recorded along with the plat specifying that no building permits shall be granted until the outlot is replatted in combination with an adjacent parcel in conformance with subdivision ordinance standards. j. The Developer is responsible#or all costs incurred by the City for engineering and planning of all improvements to pubiic infrastructure required in connection with the plat,plus all costs for outside consulting fees. k. The Planned Unit Development Agreement legitimizes the automobile service and repair use,in accordance with the findings listed in Secrion 1 of this Agreement. However, it is understood that any action that results in expansion or intensification of the use,or alters the building or site related#o the automobile repair use will require an amendment to the Planned Unit Development Agreement. 3. GENERAL CONDITIONS OF PLAT APPROVAL. In addidon to the special requirements set forth in paragraph two above,the Develaper and,as applicable,the City agree#o the followin� terms 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 ta in writing by the City and the Dev�loper or specified above in paragraph three t3). Thereafter,notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law,the City may require compliance with any amendments 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 cause to be installed 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 signs; 6) setting of lot and block monuments;and 7} surveying and staking of work to be perforrned by the Developer. CoptPUD Pagc 3 The City shall reimburse the Developer for core facilihes that the Developer installs at the difference between core and lateral cross as determined by the City Public Works Director and approved by the Utility Commission. The improvements shall be installed in accordance with City standards,ordinances,and plans and specifications prepare� by a competent,registered professional engineer, furnished to the City and approved by the City Public Works Director. The Developer shall obtain all necessary permits from the Metropolitan Waste Control Commission and other agencies before proceeding with construction. The Developer shall instruct its engineer to provide adequate field inspection personnel to insure an acceptable level of quality control to the extent that the Developer's engi�eer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In adc�ition,the City will monitor the Developer's inspector regarding the construction work necessary to insure compliance with City standards. T'he Developer or its engineer shall schedule a pre- construction meeting at a mutually agreeable time at the City Council Chambers with all the parties concerned,including City staff,to review the program for the construction work. Within thirty (30) days after the completion of the improvements, the Developer shall supply the City with a complete set of reproducible "Record Plan" drawings. The Developer or Assigns shall warranty the Developer-installed utiliHes against poor materials and faulty workmanship for a period of two (2) years from the date of written acceptance by the City. Upon certified compliance with City engineering and utility standards, the City will issue written notice of acceptance of developer-installed utilities. 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. Prior to site grading,and before any utility construction is commenced or building permits are issued,the erosion control plan,Plan B,shall be implemented,inspected, and approved by the City. All areas disturbed by the excavation and backfillin� operations of the Development shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion controL plan,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#or seed retention. The parties recognize that time is of the essence in controlling erosion. If the Plat development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, fihe City may take such action as it deems appropriate to controi erosion. The City will endeavor to notify the Developer in advance of any proposed action,but failure of the City to do so will not affect the Developer's or City's rights or obligati�ns hereunder. If the Developer does not reimburse the City for any cost the City has incurred for such work within thirty (30) days of written noNce,the City may cause the development activities to cease and issue no further building permits until Developer's obligation is met. 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 noNce by the City. f. The Developer shall be responsible for the following development-relatea costs: 1) Exce�t as otherwise specified herein, the Devel�per shall pay all costs incurred by it or the City in conjunction with the developnnent of the Plat including,but not CopePUD Page-t limited to,Soil and Water Conservation District charges,legal,planning, engineering,and inspection expenses incuned in connection with approval and acceptance of the Plat,the preparadon of this Agreement and all costs and expenses incurred by the City in monitoring the inspecting development of the Plat. 2) T'he Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incuned resulting from Plat approval and development. The Developer shail indemnify the City and its officers and employees for all costs,damages or expenses which the City may pay or incur in consequence of such claims,including attorney's fees. 3) T'he 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 nodce of default and opportunity to cure. '� 4) The Developer shall pay or cause to be paid when due,an� 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. If the bills are not paid on time, the City may halt Plat development work and construction including,but not limited to, the issuance of building permits for lots which the Developer may or may not have sold,until the bills are paid in fu1L 6) In addition to the charges and special assessments referred to herein,other charges and special assessments may be imposed such as,but not limited to,sewer availability charges ("S.A.C."),City water connection charges,City sewer conn�ction charges,City storm water connection charges,and building permit fees. g. No Certificates of Occupancy for the development shall be issued until: 1) all public utilities are tested,approved by the City Engineer,and in service;and 2) the Developer,in executing this Agreement,assumes all liability and costs for damage or delays,incuned by the City,in the construction of public improvements, caused by the Developer,its employees,contractors,subcontractors,materialmen, or agents. 4. ADMINISTRATIVE PROVISIOIVS. 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. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits,including tots sold to third parties. c. 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. d. If building permits are issued prior to the completion and acceptance of public improvements,the Develop�r assumes all liability and costs resulting in delays in completion of public improvements and damag� to public imFrovements causec� by#he City,Developer,its contractors,subcontractors,materillmen,employees,agents,or third parties. CopePUD Page 5 , e. The action or inaction of the City shall not constitute a waiver or am�ndment to the I�, 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. T'he City's failure to promptly take legal action to enforce this Agreement shall not be a �I� waiver or release. � f. 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 reyuired. I� If the City or another governmental agency determines that such a review is needed, I however,the Developer shall prepare it in compliance with legal requirements so I issued from the agency. The Developer shall reimburse the City for all expenses, I including staff time and attorney's fees, that the City incurs in assisting in the �� preparation of the review. � g. This Agreement shall run with the land ana shall be recorded by the Developer against the title to the property. After the Developer has completed the work required of it under this Agreement,at the Developer's request, the City will�xecute and delivzr to the Developer a release. h. Each right,power,or remedy herein conferred upon the City is cumulative and in addition to �very other righk,power,or remedy,express or impliec�, naw or hereafter arising,availabl� to the City,at law or in equity,or under any other Agreement,and each and every right,power,and rem�dy herein set forth or otherwise so existin�may be exercised from time to time as often and in such arder 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. i. 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 subsec�uent owner or successor of any part of the plat. j. Required notices to the Developer shall bz 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 T'rail, 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 Administrator. k. Any amendments ta this Agreement shall be in writing ana executed by both parties. 1. This Agreement shall be governed by the laws of the State ofMinnesota. IN WITIYESS WHEREOF, the parties have hereunto set their hands the day and year first above written. ' CITY �F ROSEMOUNT By: E.B. McMenomy, Mayor B Y� Susan M. Walsh, City Clerk CopePUD , Pagt 6 ARLYN COPE By: Arlyn Cope By: :::.:::::; �.�o�gag��fr,J�.o�os�x-.�tl�r�a��) STATE OF MINNESOTA ) )� COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of_ , 1994 by E.B. McMenomy, Mayor, and Susan M. Walsh, City Clerk, of the Crt�oF RosENtoutvT, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City CounciL Notary Public STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of_ , 1994 by Arlyn Cope. '', Notary Public �'', Drafted By: Ciry of Rosemount 2875145th Street West Rosemount, MN SS068 CopaPUD Page 7 �� � s a a�,�:��""�''�`.�.'�*'�, �- CITY OF ROSEMOU NT z8�5-`;TM�hs eetW�t P.O.Box 510 EVE'1' t�'11/'1 S COI'lllt� u fZOSE'17)OUCIi'�� Rosemount,MN Y 9� 9 P 55o�8-os�o Phone:612-423-4411 y ����1C 1 �l�l.iCe Fax:612•423-5203 COPE ADDITION FINAL PLANNED UNIT DEVELOPMENT &PLAT 14760 Sov�RoBERT T�. TO WHOM IT MAY CONCERN: old a u li Ci of Rosemount will h b c NOTICE IS HEREBY GIVEN, the Ci Council of the p t}' tY hearing on Tuesday, December 20, 1994 in the Council Chambers of the City Hall, 2875 145th Street West,beguuung at 8:00 p.m. or as soon thereafter as possible. The purpose of this hearing is to receive public input and comments on a request from property owner Arlyn Cope (Repairs, Inc.) for approval of a final concept plan unit development and plat proposed for property located at 14760 South Robert Trail. The planned unit development and final Cope Addition plat pertains to subject property legally described as follows: That portion of Lot 62, in Auditor's Subdivision No. 1, Rosemount, in the Southeast Quarter (SE1/4) of Section 29, Township I 15, Range I9, described as follows to�vit: Beginning at an iron 33 feet east of a point on the quarter line between the Southwest Quarter(SW1/4) and Southeast Quarter (SE1/4) 1,340.20 feet south of the stone placed for the center of Section 29, Torvnship l I5,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 98.14 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. Mr.Arlyn Cope is is requesting this hearing for consideration of his planned unit development and plat for the above described property to accommodate a mixed use of the property including his auto-related business as well as lease office and commercial space for the balance of the existing building. The property is currently used as a multi-tenant retaiUoffice building. Persons wishing xo comment on this rezoning petition are invited to attend the meeting on Tuesdax, December 20, 1994 at 8:00 p.m. Written comments will also be accepted prior to the meetin.g date. Please fonvard all comments and inquiries to the City of Rosemount Plaruzing Department. Dated this 8th day of December, 1994. . i• , S an M. Walsh, ity Clerk ity of Rosemount Dakota County, Minnesota � . � . . . � � � � � � � � . � 7nnted on reci�cled pa0e� '� .conta�nin4 70°. . . . . . . . . .. . . . . .� �. . . � posr-conwmrr matrrials. �,�, � � a t � cinr Hau ' ��= C 1 TY O F RO S E M O U N T z8�5—�45ih Street West ', P.O.Box 510 ! =u Ever t�'IICI s Comin u ROS2/7'lOUC1L�� Rosemount,MN j Y g� g p 55068-0510 I • Phone:612-423-4411 Affidavit of Posted Hearing Notice Fax:612-423-5203 COPE.ADDITION FINAL PLANNED UNIT DEVELOPMENT AND PLAT STATE OF MINNES�TA � COUNTY OF DAKOTA ) ss CITY OF ROSEMOUNT ) Susan M. Walsh, being first duly sworn, deposes and says: I am a United States citizen and the duly qualified Clerk of the City of Rosemount, Minnesota. On December 8, 1994 acting on behalf of the said City, I posted at the City Hall, 2875 145th Street West, Rosemount, Minnesota, and deposited in the United States Post Office, Rosemount, Minnesota, a copy of the attached notice of a Public Hearing for consideration of a final planned unit development and plat as requested by Arlyn Cope to permit locating an auto-related business on the site addressed as 14760 South Robert Trail, enclosed in sealed envelopes,with postage thereon fully prepaid, addressed to the persons listed on the attached listings at the addresses listed with their names. There is delivery service by United States Mail between the place of mailing and the places so addressed. Dated this 8th day of December, 1994. S an M. W City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn to befare me this Q� day of 1994. -F�-- otary Public -�.ywrww�rww r;;1�v • �"'� OONNA L.aU1NfUS � NOTARY PUBUC-MINNESOTA DAKOTA COUNTY _ � p���onrecycledpaper My Conmission Expiros Juno 7,1999 �o��d,�;�R�o� post<onsumer marerials. .. r��titihM1MMMAnr-^ti. x � � � � COPE PLAT AND PLANNED UrTIT DEVELOPMENT Mailing List 1. Charles Novak Architect 34-03700-010-62 14750 South Robert Trail Rosemount, NIN 55068 2. Arlyn B. & Joanne 7. Copes 3403700-020-62 14760 South Robert Trail (Subjeet Site) Rosemount, MN 55068 3. Convenience Stare Investments 34-03700-030-62 1626 Oak Street (Site: 14810 S Robert Tr) LaCrosse, WI 54603 4. Fluegel Elevator Inc. 34-Q3700-010-63 P.O. Box 4 Rosemount, MN 55068 5. Milwaukee Land Co. 34-03700-010-65 %CMC Real Est Corp. 547 Jackson Blvd. W., Ste 1510 P.O. Box 6205 Chicago, IL 60680-6205 . 6. 7ohn &Margie Ryan 34-03800-130-14 3465 143rd Street West 34-24850-010-01 Rosemount, MN 55068 (Site: 14745 S Robert Tr) 7. David Lawson 34-24850-020-01 14785 South Robert Trail Rosemount, MN 55068 8. David McKinley 34-24850-030-01 ,, 14805 South Robert Trail Rosemount, MN 55068 ', 9. Ronald 7. & Mazgery Pankratz 34-47400-170-00 14810 Cambrian Avenue Rosemount, MN 55068 10. Ronald J. & Debarah A. Russell 34-47400-180-00 14800 Cambrian Avenue Rosemount, MN 55068 11. David P. & Linda M. White ' 34-47400-190-00 14790 Cambrian Avenue Rosemount, MN 55068 . • I � ; 12. Mary A. Fleming 3447400-200-00 14780 Cambrian Avenue 'i Rosemount, MN 55068 i' 13. Richard W. & Anna T. Klatt 34-47400-210-00 I 14770 Cambrian Avenue Rosemount, MN 55068 14. Kevin I. & 7ulie A. Kuznia 34-47400-220-00 14760 Cambrian Avenue Rosemount, MN 55068 15. David R. & Carol M. Harwell 34-47400-230-00 14750 Cambrian Avenue Rosemount, MN 55068 16. fIelen C. Strese 34-4'7400-240-00 Rose M. Ervasti 14740 Cambrian Avenue Rosemount, MN 55068 17. Robin K. Kowalke 34-474U0-250-00 14730 Cambrian Avenue Rosemount, MN 55068 18. Ramona A. Kraft 34-47400-260-00 14720 Cambrian Avenue Rosemount, MN 55068 19. AVR Inc. Pension Plan & Truste (Original Property Owner) 6801 West 150th Street Apple Valley, MN 55124 �. � Rosemount Town Pages AFFIDAVIT OF PUBLICATION ° P°bu�N°a`� #; COPB ADDTIION FlNAL PLANNED UNiT DEVELOPMENT dt PLAT Kristin Franck,being duly sworn, on oath says that she is an authorized � " "1476o Sof1TE ROBSRT TRAIL � agent and employee of the publisher of the newspaper, irnown as The '►n�M�T����+� Rosemount Town Pages, and has full knowledge of the facts which are rrorccs rs�assr cn�r,„x ah,c��r,n, stated below: arn�c x���u�a.�u����. ikam6er 20.t99a ia me cacaal Q�embas d me 6q (A)The newspaper has complied with all of the requirements constimting �n,xsrs�asa�s�w�.�s.�s.�oo,,.m.�. qualif'icadon as a legal newspaper, as provided by Minnesota Statues '°°°'b"""""p°"`� 331A.02,331A.07 and other applicable ws,as amended. ' �w�r«����s b a�b r���•�� (B)'T�e p=inted ��,g.a,c "�C� ' ��i����� � derelapmeat aud pLt pcopo�¢d tar propatr to�ed u 14760 Sa��Rn6att Tia7.1be pl�ed arit de�elopmeot � . . . � �� aod 6�1�Admaao pmc pe�:a�eo,.bj�p�ope:b� . leplly do�aibed a tolbNs: wluch is attached, was cut from the columns f said newspaper,and was ���r i.a cl.m n�t.soea��N0. rinted and ublished once each week for successive `•R°"m°°°"°'b°s�°'n�"�«�se'�a��r P P — , s�u�r�.T�mmp us.��t9.a��e.. eeks; it was fir,.s,�t, �ublished on Friday, the day of � e�a.�sa�sum��r«��or. 19�_ and was thereafter rinted d ablished on • p°'°`°°t6e a°°�"°°�`"`°°`b°�°t°""` p �p Qauter(SWU4)md SooWeat Qo�rte:(sBl/4) II very Friday, to and i cluding Friday, the y`� day of �.������r��r���� ��9�.5,-m�� 19� �r s��.Tawmffip I15.Rsn�e t9.u�«k , _�; and printed below is a copy of the ,, �n,u r«�m„k cass�,r,g r,xx.�,�r lower case al habet from A to Z, both inclusive, which is hereb "°°'"'�°°°'°°'�''°'�°�d"'0°�'� I p y 151.91 feeb tLenae west 98.19 teet,tbeuoe noct6 acknowledged as being the size and kind of type used in the composition �w.ao u«a�r��r�b�.ss and publicaflon of the notice: '�''m°`°°`'p`''°°°�°a`°`b°p�`�«�'n°"' I on sb ma af mara ia me a�m or u�s tteps�a or ; DeadawlthinmdtaDalrotnCaanry.N�aou. , . . �. � abcdef8�i���YZ . _. . � INcMlynCapeisraPwCn6�hisharioafarcouidxatim � . �Ili ot 1rs piamed mit develapmeot and plst for the abow I \1���;�� t,� ' damibed peperty w acca�odab a mixed ow of 1he I By� � ��•.•��� �a�w ProPartY inclu�his aofwelebdbodneat as eveIl st 1ea�e I Tit1e:Typeseuer ors«ma�a�,�r����e m��s i e�a. �ree r�r«�r�,�uy w�a�..�w-x�� �� �v�«�$ Subscribed and swom to before me on this "�—'_day , ������,,,��,�� I, Of �,r� � m.t�a w.�a u,��� I 19�_. Issa se s:ao e.ro.writeeu aommena.rit[abo be aaep�ed� i '. �pR0[b ILO IDxhOg fltb.PkOp PO[watdlII O�Cub f� � . . ^ . . ..IOQO�IIG IO(LC Cil�OIROO�OC�PI!➢�O$DC�CN' . � ` . . . .� . �. DstCdlEliSIb�IO��00C�Q.I9SO. . �..,i Notary Public • ,� 4; . s..m e�.w.de.aa�c� AFFIDAVTf �. - u.►�a.�a.ae� ' � �' �ti9 �,_,� CONNIE E FIFAREK :� Np(ary PuDl�c-M�nnesota Dakota (:oun�y r MY Comm Exp 5•15-96