HomeMy WebLinkAbout6.e. Rezoning Petition: Lot 1, Blk 1, Carrousel Plaza South, r
� T City of Rosemount
Executive Summary for Action
City Council Meeting Date: December 21 1993
Agenda Item: Rezoning Petition: Agenda Section:
Lot 1, Block 1, Carrousel OLD BUSINESS
Plaza South (R-3 to C-4)
Prepared By: Richard Pearson Agenda No:
Assistant Planner '��j�/� � � �
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Attachments: Ordinance; Rezoning Petition; Approved B :
P.C. Reviews; Public Notice;
Mailing List.
Guetschoff Theaters, Inc. (GTI) is requesting a rezoning of
property they are purchasing fram Carlson Properties, Inc. The
site is currently zoned R-3 Multiple Family Residential . GTI is
proposing a movie theater development on Lot 1, Block 1, Carrousel
Plaza South and, therefore, has requested a rezoning to C-4 General
Commercial to accommodate the theater use. The site is bordered by
Chippendale Avenue on the west, State Highway 3 on the east, and
Carrousel Way to the south. Outlot A of Carrousel Plaza South will
rema.in as R-3 Multiple Family Residential until the City receives a
development proposal for that site.
At their regular meeting on November 9 , 1993 , the Planning
Commission found that the proposed use for this site is in
conformance with the land use designation in the City' s
comprehensive guide plan. The Planning Commission recommended
approval of the rezoning petition as requested.
On December 7, 1993 the City Council conducted a public hearing for
the rezoning of Lot 1, Block 1, Carrousel Plaza South to
accommodate the GTI Theater development proposal . Action on the
rezoning was tabled pending final plat approval of Carrousel Plaza
South. Upon approval of the final plat, the City Council may act
on the rezoning petition.
If action regarding the final plat for Carrousel Plaza South is
tabled due to unresolved issues with the Development Agreement or
for any other reason, then action relative to the rezoning must
also be tabled.
Recommended Action: MOTION to adopt ORDTNANCB B-34 AN ORDINANCE
AMENDING ORDINANCE B - CITY OF ROSBMOUNT ZONTNG ORDINANCS.
City Council Action:
12-21-93.004
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CITY OF ROSEMOUNT
ORDINANCE NO. 5-34
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOws:
SECTION 1. Ordinance No. B, adopted September 19, 1989, entitled "Ciry of
Rosemount Zoning Ordinance," is hereby amended to rezone from R-3 Multiple Family
Residential to C-4 General Commercial the following described property located within the
City of Rosemount, Minnesota to-wit:
LoT 1, BLOCK 1, CARROUSEL PLAZA SOUTH
SECTION 2. The Zoning Map of the City of Rosemount referred to and
described in said Ordinance No. B as that certain map entitled, "Zoning Map of the City of
Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall
appropriately mark the said zoning map on file in the Clerk's office for the purpose of
indicating the rezoning hereinabove provided for in this Ordinance and all of the notation
references and other information shown thereon are hereby incorporated by reference and
made a part of this Ordinance.
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication according to law.
Enacted and ordained into an Ordinance this 21 st day of December, 1993.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
A�sT: �
Susan M. Walsh, City Clerk
Published in the Dakota County Tribune this day of , 1993.
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No:
Date: 09/10/93
City of Rosemount
REZONlNG PET1TfON
Applicant: _Carlson Properties of Rosemount Phone: 423-2222
Address: P_ (�_ Bnx 69� RosPrr�Lnt, MN 55068
STATUS OF APPUCANT: '
X Owner Buyer Lessee OTHER:
Parcel C
LOCATION: Lotof 4,5,,6 Block 3 , Addition So. Rose Park Addition Replat
Street Address: South of Carrausel, West of NI�7 Hwy. 3 & West of Chippendale
Metes & Bounds Description Attached:
Survey.or Piot Plan Attached: X
Afiected Section(s):
Present Zoning: Multiple Familv Proposed Zoning: C-4/Limited IP
REASON FOR REQUEST:
1. Prepare the land zoninq to accommodate movie theater and other qeneral uses as
listed below•
2. C-4 I-P
Movie Theater Office/Warehouse Buildings
Motel Business/Professional Offices
3. Restaurant Television & Radio Studios
Offices/Busi�ess & Professional Testin and Research
Con[nercla , Recreationa
�meral Har�es & Mortuaries Construction Material Sales
Financial Institutions ,
Auto EquiFxnent Sales & Repairs ��
��' Signature of Appiicant:. /— '—
Appiication received by.• Date:
Fee: S ��v • �� How Paid: Date:
Planning Commission Action:
�_
_ City of Rosemount
u Executive Summary for Action
�����,�.
���� Planning Commission Meeting Date: November 9, 1993
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Agenda Item: Carlson Properties/GTI: Preliminary Plat and Agenda Section:
Rezoning Review & Recommendation OLD BUSINFSS
Prepared By: Rick Pearson , Agenda No.:
Assistant Planner ITEM #s Sa. and Sb.
Attachments: Survey; Preliminary Plat;Application; Appr ved By•
Resolution.
- SEE ATTACHED MEMO -
Recommended Action: Two motions are recommended for the preliminary Plat:
MOTION to recommend approval of the Carousel Plaza South preliminary plat to the City
Council subject to: 1) easements for drainage & utilities as required by the City Engineer
must be defined on both the lot and the outlot for existing and future stormwater conveyance
and infrastructure; 2) extension of the existing storm drain system at the southwest area of
Lot 1 to a National Urban Runoff Policy (NURP) pond; 3) construction of a NURP pond
designed to accommodate runoff fram the extended pipe refened to above; the pipe on the
eastern edge of the property; and Lot l, Block l, in accordance with mandated Metropolitan .
Council policies; 4) dedication of land for ponding areas at or below existing elevations of
929.5, or regrading to maintain an equivalent volume of stonnwater storage capacity; 5) no
public or private streets or driveways are to be constructed on the outlot; 6) no development
can occur on the outlot until it is replated into lot(s); 7) the e�cisting barn and silos must be
removed from the outlot; and 8) park dedication will be required in the form of cash for the
]ot in accordance with the rate established by resolution for commercial uses.
-AND -
MOTION to recommend that the City Council set a date for a public h�aring to hear
testimony for consideration of the Carousel Plaza South preliminary plat.
Two motions are recommended for the rezoning:
MOTION to recommend approval of the petition rezoning Lot 1, Block l, Carousel Plaza
South to�General Commercial (C-4) subject to: 1) the approval of the Comprehensive Guide
Plan Amendment redesignating ten acres of property in Carousel Plaza South as Commercial
by the Metropolitar► Council; 2) the approval of the preliminary plat after a public heari.ng
for Carousel Plaza South; and 3) the approval of a fmal plat for I.ot 1, Block l, Carousel `
Plaza South by the City Council and evidence that the final plat has been filed at the County.
-AND - . _ .
. _ . . . ,. .. __... . . _ _ �.
MOTION to recommend that the City Council set a date for a public hearing to hear '
testimony regarding the rezoning petition.
Planning Comrnission Action:
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11-09-93.Sab
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PHONE (612)G23a417 2875•t45th Street West,Rosemount,Minnesota MAYOR
FAX (612)4235203 __ Mailing Address: . Edward B.McMenomy
P.O.Box S1Q Fosemount,Minnesota 55068-0510 COUNCIIMEMBERS
T�: P13IIIIlIIg COIIlII11SS10II Sheila Klassan
James(Re�Staals
Harry Wilicox
��M: Richard Pearson, Assistant Planner Dennis Nlippertnann
DATE: November 5� I993 AOMINISTRATOR
- Stephan Jiik
SiTBJ: November 9, 1993 Planning Commassion Meeting
Agenda Item 4b.
ATTACHI��NTS: Survey; Preliminary Plat; Agplication; Resolution
Sa.b. .CARISON PROPERTIES/GIJ�.`TSCHOFF T`HEATERS, INC. PRELIlVIINARY PLAT�REZONIIVG (Part
- of Lots 4, S and 6, Block 3, South Rose Park Ad.dition Replat)
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BACKGROUND .
Guetschoff Theaters, Inc. (GT`I) desires to construct a movie theater on property owned by Carlson
Properties, Tnc.
On November 2, 1993, the City Council adopted a resolution approving of a minor Comprehensive
Guide Plan Amendment redesignating ten acres of land in South Rose Park for Commercial uses.
The amendment will be forwarded to the Metropolitan Coun�il for review and approval so that the
amendment can be implemented.
The site for the theater has to be replatted because it encompasses portions of three existing lots.
vI'he new preliminary plat will be known as Canousel Plaza South. The new parcel must then be
rezoned from Multiple Family Residential (R-3) to General Commercial (C-4). Finally, a site plan
review for the parcel will be required so that a building pennit can be obtained.
PRELIr�'ARY PLAT ISSUES
The area to be replatted consists of 17 acres between TH 3, Chippendale Avenue, Carrousel Way
and Wachter Pond. The plat will consist of one approximately 8.7 acre lot intended for sale to GTT
with the remaining 8.3 acre parcel as an undeveloped outlot. �-
The parcel to be sold to GTI meets all applicable standards for Commercial uses and utilities to
serve the site are in place. Access is available to Canousel VJay, a local street. The Minnesota
Department of Transportation has authority to allow access to TH 3 if desireti by the developer.
' ' � The outlot will not be able to be built upon until it is platted in one or more lots. This provides the �
builder and the City maximum flexibility for the future. �
Wachter Pond is designated as a landlocked basin which is the destination of stonn water runoff `�.
from a considerable portion of western Rosemount. Some storm water is conveyed through storm a�=
sewer pipes across the property to be platted and drainage and utility easements will be required.
The property generally slopes towards the pond to the south and a
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,' '� egu(ar Planning C�mmission Meeting
�:���:r, ovember 9, 1993
`��`x Agenda Item 5a. and Sb.
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' storm water study is underway to determine if any additional land will have to be acquired for
ponding. The outlot will be available for consideration if any additional storage capacity is needed.
REzorr�rG IssvEs
The current zoning is Multiple Family Residential (R-3) and the lot will have to be rezoned to
General Commercial (C-4). The parcel is contiguous with the existing General Commercial
District, has frontage on TH 3, and is not adjacent to any Residential districts. The land use
designation on the outlot separating the property from Chippendale Avenue is split between Business
Park and Commercial so that a transition can be developed to buffer Residential uses from the
General Commercial.
RECOM�'IENDATION
_ Two motions are necessary for the preliminary plat and another two motions are required for the
rezonin�. •
PRELIMINARY PLAT
MOTION to recommend approval of the Carrousel Plaza South preliminary plat to the City
Council subject to:
1) Fzsements for drainage and utilities as required by the City Engineer must be defined on both
the lot and the outlot for existing and future storm water conveyance and infrastructure;
2) Extension of the existing storm drain system at the south west area of Lot 1 to a National
Urban Runoff Policy (NURP) pond;
3) Construction of a NURP pond designed to accommodate runoff from the extended pipe refened
to above; the pipe on the eastern edge of the property; and I.at 1, Block 1 in accordance with
mandated Metropolitan Council Policies;
4) Dedication of land for ponding areas at or below existing elevations of 929.5, or regradin� to
maintain an equivalent volume of storm water storage capacity;
5) No public or private streets or driveways are to be constructed on the outlot;
6) No development can occur o� the outlot until it is replatted into lot(s);
7) The existing barn and silos must be removed from the outlot; and
8) Park dedication will be required in the form of cash for the lot in accordance with the rate
established by resolution for Commercial uses. .
MOTION to recommend that the City Council set a date for a public hearing to hear testimony
for consideration of the Carrousel Plaza South preliminary plat.
REZONING '
MOTION to recommend approval of the petition rezoning �Lot 1, Block 1 Carrousel Plaza
South to General Commercial (C-4) subject to:
1) The approval of the Comprehensive Guide Plan Amendment redesignating ten aces of property
in Carrousel Plaza South as Commercial by the Metropolitan Council;
2) The approval of the preliminary plat after a public hearing for Carrousel Plaza South; and
3) The approval of a fmal plat for Lot 1, Block 1 Carrousel Plaza South by the City Council and
evidence that the final plat has been filed at the County.
MOTION to recommend that the City Council set a date for a public hearing to hear testimony
regarding the rezonin� petition.
S:\11-09-93.�ah
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MEMO
TO: MAYOR McMENOMY
COUNCIL MEMBERS: KLASSEN
STAATS
WILLCOX
WIPPERMANN
FROM: BUD OSMUNDSON, CITY ENGINEER
DATE: DECEMBER 21, 1993
RE: CARROUSEL PLAZA, GTI THEATER SITE
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The following is a list of comments regarding the plat��and utility plan for the
referenced project. This is from a cursory review completed today, December 21,
1993. The items are not listed in order of priority but are all needed to insure that the
City is receiving a quality product for this site.
1 . Grading Plan - The grading plan as it's shown on the plan dated 10-23-93
cannot be accepted for a number of reasons.
A. The plan shows approximately 1.75 acres draining directly onto
Chippendale Avenue without any storm drain facilities intercepting the
run-off. The developer was directed not to have any drainage other than
boulevard areas drain onto Chippendale Avenue. This water should be
directed through a storm drain system to the east to the NURP pond as
shown, or as sheet drainage to the south to dissipate the flow.
B. The NURP pond as shown has a 3:1 slopes. This does not meet the City
Ordinance of 4:1 slopes (Zoning Ordinance 14.7C3). The grading plan
shows grading within the MNDOT right-of-way. This must be approved
with a MNDOT permit or eliminated.
C. The erosion control fencing shown on the plan should be extended
� northerly of Wachter Pond to include all of the construction area. It also
should be included to prb�ect the catch basins on Chippendale Avenue
at the western edge of the property.
2. Utility Plans
A. The developer shall submit plan and profile view of the proposed storm ;
drain construction. These plans shall include the proposed class of pipe
and permanent easements. '
B. MNDOT has required that the developer apply for a MNDOT drainage
permit. We believe that this item can be applied for jointly with the City
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Carrousel Plaza Review
suppiying a copy of the Wachter Pond drainage study recently completed
by our consultant and presented to the Utility Commission.
C. A construction cost estimate has not yet been submitted for the planned
storm drain facilities, thereby enabling Staff, to calculate the required
escrow for City inspection fees (4A).
C. The developer is required to have a permit to connect to the sanitary
sewer and water services which are currently extended to the property
line. Prior to the issuance of such permit, the developer is required to
pay all of the MWCC and City sanitary sewer, water and storm sewer
connection charges, plus all restoration costs for these connections
D. The fire flow watermain and hydrants do not meet Article 12 of the
Minnesota Uniform Fire Code and Fire Marshal's policy. The developer
should meet with the Fire Marshal to correct the plans.
3. The plat as submitted does not have large enough easements as required by the
Planning Commission. Specifically this is in regards to the storm sewer
easement required to the 929.5 contour. This easemen# will change after the
4:1 slopes on the NURP pond are also drawn correctly on the plans.
4. Development Contract:
A. The development contract does not include any discussion of an escrow
by the developer for inspection fees for the construction of the proposed
City-owned storm drain and NURP pond through the site. Normally this
is calculated at 4% of the construction cost and is escrowed by the
developer.
B. The development contract does not include any discussion on the two
year warranty provided by the developer for the City-owned storm drain
improvements. This should be included in the development contract.
5. Miscellaneous - There are numerous trees in the proposed grading area south
of the south property line of the Carrousel Plaza Addition which are not
identified on the grading plans. The moving of these trees has not been
addressed in the plans in any way. This property is under the ownership of the
Carlsons and is under City easement. These trees are a nice enhancement of
the site and should be placed somewhere on the Carrousel Plaza property.
2