HomeMy WebLinkAbout06.m. Lakes of Highstone LLLP Planned Unit Development (PUD) Master Development Plan with Rezoning and Final Site and Building Plan Allowing Larger Ground Sign
EXECUTIVE SUMMARY
City Council Meeting Date: July 17, 2018
AGENDA ITEM: Case 18-36 -PUD Lakes of Highstone
LLLP Planned Unit Development (PUD)
Master Development Plan with Rezoning
and Final Site and Building Plan allowing
Larger Ground Sign
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director
AGENDA NO.: 6.m.
ATTACHMENTS: Site Location Map, Ordinance, Resolution,
PUD Agreement, Project Narrative, Plans
APPROVED BY: LJM
RECOMMENDED ACTION: The Planning Commission recommends the following
three motions: Staff recommends the Planning Commission adopt the following two
motions:
Motion to Adopt an Ordinance Rezoning the subject property from GI General
Industrial to GI/PUD General Industrial Planned Unit Development
Motion to Adopt a Resolution Approving a Planned Unit Development (PUD) Master
Development Plan with Rezoning and PUD Final Site and Building Plan Applications
for Lakes of Highstone LLLP allowing larger ground sign
Motion to Approve the Planned Unit Development Agreement for Lakes of Highstone
LLLP and authorizing the Mayor and City Clerk to enter into this agreement.
SUMMARY
Applicant & Property Owner(s): Lakes of Highstone LLLP
Location: 2871 160th Street
Area in Acres: 28.65 Acres
Comp. Guide Plan Desig: GI-General Industrial
Current Zoning: GI-General Industrial
The applicant, Lakes of Highstone, requests a Planned Unit Development (PUD) Master
Development Plan with Rezoning and Final Site and Building Plan applications to allow a deviation
from the typical sign standards of the GI-General Industrial district, which is 100 square feet and 10’
in height. The proposal is for a sign of 126 square feet with a height of 19’. The site is the location of
the AAA Auto and other auto related enterprises, along County Road 46. Staff recommends
approval of this request.
PLANNING COMMISSION
The Planning Commission reviewed the item at their June 26, 2018 meeting. There was no one who
spoke during the public hearing and there were no comments from Commission members. The
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application was unanimously approved by the Commission members in attendance.
BACKGROUND
The applicant is requesting a freestanding sign for the various businesses located on the site. The
ordinance permits one freestanding sign. There are no freestanding signs on the site, although several
of the businesses have wall signs. The applicant has requested a sign larger than the ordinance
standard, in part due to the number of businesses that reside on the site and partly due to the
significant right-of-way in front of the premises. From staff’s perspective, the property functions
similar to a multi-tenant retail site, where several businesses are located and each are shown on the
proposed freestanding sign. Staff also recognizes that the existing frontage road further separates
property from the clientele the owners are trying to attract from County Road 46. The southern
property line is up to 130 feet away from the northern curbline of County Road 46 reducing visibility
to the site and certainly to a sign.
The applicant’s representative has worked with the City to provide a sign that meets their visibility
needs while providing an aesthetic consistent with ordinance goals. The applicant is providing a
monument style sign which gives massing to the sign making it more visible. The ordinance only
regulates the amount of the sign with copy which in this case is 126 square feet as compared to the
ordinance 100 square feet. The height is also greater than the ordinance at 19; but given the above
reasons and in recognition that the applicant is installing a monument sign, staff supports the request.
Planned Unit Development (PUD) Master Development Plan &
Final Site and Building Plan
The purpose of a Planned Unit Development is to allow flexibility from the City’s traditional
development standards in return for a higher quality project. A PUD allows flexibility without
altering the entire zoning performance standards which would impact all properties in the zoning
category regardless of size or use. In this case, a PUD is being used to allow a larger sign in height
and size than the ordinance standards. The applicant is offering a higher quality product than might
be derived through a typical pylon sign. Staff also finds the subject property is a unique site with
multiple tenants and an overly large setback from the highly traveled roadway, County Road 46.
Given these factors, staff recommends developing a separate sign plan as allowed under Section 11-
8-4.C.15 of the Sign Ordinance (PUD Sign Plans). The application of a PUD for this site is similar
to what the City recommended and approved for the Celtic Crossing Shopping Center, Dakota
County Technical College, Rosemount Community Center and Dakota Aggregates.
Master Development Plan and Rezoning
All applications for a planned unit development (PUD) must include both a master development
plan with rezoning and final site and building plan. The Planning Commission and City Council
shall base their recommendations and actions regarding a PUD application on consideration of the
items listed below. The Planning Commission and City Council may attach such conditions to their
actions as they determine necessary or convenient to better accomplish the purposes of the PUD.
1. Compatibility of the proposed plan with the PUD ordinance and the goals and policies of the
Comprehensive Plan.
Finding: Development of a PUD sign plan is consistent with both the PUD ordinance and the
goals and policies of the Comprehensive Plan. As mentioned above, Section 11-8-4.C.15 of the
Sign Ordinance (PUD Sign Plans) specifically outlines the use of a PUD to establish an overall
sign plan for larger and unique sites. And the City has recommended and approved similar
application for the Celtic Crossing Shopping Center, Dakota County Technical College and the
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Rosemount Community Center.
2. Effect of the proposed plan on the neighborhood in which it is to be located.
Finding: Except for the deviations noted, the proposed sign will be required to meet all other
standards of the Sign Ordinance and should not have a negative impact on the surrounding
neighborhood.
3. Internal organization and adequacy of various uses or densities, circulation and parking facilities,
public facilities, recreation areas, open spaces, screening and landscaping.
Finding: The main goal of this sign plan is to consolidate signage into a location that will be
most effective and visible for the traveling public.
4. Consistency with the standards of section 11-10-3 of this chapter pertaining to site and building
plan review.
Finding: The proposed sign plan meets many of the standards of section 11-10-3 (Site and
Building Design Review).
All PUD Master Development Plan applications must include a rezoning to a specific PUD district.
The Lakes of Highstone site is zoned and guided by the Comprehensive Plan as GI-General
Industrial. Based on the proposed project and the existing zoning and land use designation, the
subject property should be rezoned from GI-General Industrial to GI/PUD General Industrial
Planned Unit Development.
Final Site and Building Plan
According to Section 11-10-6, the purpose of the final site and building plan review is to insure
compliance with the applicable sections of the City Code. The sign ordinance allows two different
types of signs in the General Industrial district designed to serve the needs of varying industrial uses.
The ordinance allows one 100 square foot sign. All ground signs are required to be setback at least
10’ from all property lines and shall not be located within the 25’ sight triangle of any intersection.
The proposed sign will exceed the size standard but will comply with the setback and sight triangle
standards. The ordinance in the retail district recognizes that multi-tenant spaces may all advertise
on one sign. The industrial district doesn’t make that provision since it is more uncommon. The
ability to provide a sign plan for this site allows one larger sign for multiple businesses.
CONCLUSION & RECOMMENDATION
Staff recommends approval of the Planned Unit Development (PUD) Master Development Plan with
Rezoning and the PUD Final Site and Building Plan applications to allow a larger sign, in height and
size, than typically allowed in the General Industrial zoning district. While the proposed sign will
exceed the size and height standards, it will comply with the setback and sight triangle requirements.
The City has approved similar PUD sign plans for other locations including the Celtic Crossings
Shopping Center, Dakota County Technical College, Dakota Aggregates and the Rosemount
Community Center. This recommendation is based on the plans submitted by the applicant and the
findings made in this report.
City of Rosemount
Ordinance No. B-271
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
Lakes of Highstone
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Ordinance B, adopted September 19, 1989, entitled “City of Rosemount Zoning
Ordinance,” is hereby amended to rezone property GI-General Industrial to GI/PUD-General
Industrial Planned Unit Development that is located at 2871 160th Street West within the City of
Rosemount legally described as follows:
Lot 1, Block One, HIGHSTONE DEVELOPMENT
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 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 17th day of July, 2018.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Jeff May, Deputy City Clerk
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD)
MASTER DEVELOPMENT PLAN WITH REZONING, FINAL SITE AND BUILDING
PLAN ALLOWING LARGER GROUND SIGN AT 2871 160TH STREET WEST, LAKES
OF HIGHSTONE
WHEREAS, the Community Development Department of the City of Rosemount received a
request for a Planned Unit Development Master Development Plan with Rezoning from Lakes of
Highstone concerning property legally described as:
Lot 1, Block One, HIGHSTONE DEVELOPMENT
WHEREAS, on June 26, 2018, the Planning Commission of the City of Rosemount held a public
hearing and reviewed the PUD Master Development Plan with Rezoning to allow a larger ground
sign at Lakes of Highstone; and
WHEREAS, on June 26, 2018, the Planning Commission recommended approval of the PUD
Master Development Plan with Rezoning to allow a larger ground sign; and
WHEREAS, on July 17, 2018, the City Council of the City of Rosemount reviewed the application
and agreed with the Staff recommendation;
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Planned Unit Development (PUD) Master Development Plan and the Rezoning to
GI/PUD:
ADOPTED this 17th day of July, 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Jeff May, Deputy City Clerk
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DECLARATION OF COVENANTS
AND RESTRICTIONS
LAKES OF HIGHSTONE LLLP MASTER DEVELOPMENT
PLAN PLANNED UNIT DEVELOPMENT AGREEMENT
THIS DECLARATION made this ______ day of _________________, 2018, by Lakes of
Highstone, LLLP (hereinafter referred to as the “Declarant”);
WHEREAS, Declarant is the owner of the real property as described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter collectively referred to as the “Subject
Property”); and
WHEREAS, the Subject Property is subject to certain zoning and land use restrictions
imposed by the City of Rosemount (hereinafter referred to as the “City”) in connection with the
approval of an application for a master development plan planned unit development for a residential
development on the Subject Property; and
WHEREAS, the City has approved such development on the basis of the determination by
the City Council of the City that such development is acceptable only by reason of the details of the
development proposed and the unique land use characteristics of the proposed use of the Subject
Property; and that but for the details of the development proposed and the unique land use
characteristics of such proposed use, the master development plan planned unit development would
not have been approved; and
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WHEREAS, as a condition of approval of the master development plan planned unit
development, the City has required the execution and filing of this Declaration of Covenants,
Conditions and Restrictions (hereinafter the “Declaration”); and
WHEREAS, to secure the benefits and advantages of approval of such planned unit
development, Declarant desires to subject the Subject Property to the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. The use and development of the Subject Property shall conform to the following
documents, plans and drawings:
a. City Resolution No. 2018-, Attachments Two
b. Site Location Map, Attachment Three
d. Sign Plans, Attachment Four
All of which attachments are copies of original documents on file with the City and are made a part
hereof.
2. The Subject Property may only be developed and used in accordance with Paragraphs
1 and 2 of this Declaration unless the owner first secures approval by the City Council of an
amendment to the planned unit development plan or a rezoning to a zoning classification that permits
such other development and use.
4. In connection with the approval of development of the Subject Property, the following
deviations from City Zoning or Subdivision Code provisions were approved:
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a. Section 11-8-4.C.15 PUD Sign Plans: Specifically outlines the use of a PUD
to establish an overall sign plan for larger and unique sites.
In all other respects the use and development of the Subject Property shall conform to the
requirements of the Paragraphs 1 and 2 of this Declaration and the City Code of Ordinances.
5. This Declaration of Covenants and Restrictions provides only the Subject Property
only master development plan planned unit development approval. Prior to the improvement or
development of the Subject Property, beyond the rough grading, a final development plan planned
unit development approval pursuant to Zoning Code Section 11-10-6 C. 5. of the Subject Property is
required and an addendum filed with County Recorder to this Declaration of Covenants and
Restrictions.
6. The obligations and restrictions of this Declaration run with the land of the Subject
Property and shall be enforceable against the Declarant, its successors and assigns, by the City of
Rosemount acting through its City Council. This Declaration may be amended from time to time by
a written amendment executed by the City and the owner or owners of the lot or lots to be affected by
said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of
Declarant have hereunto set their hands and seals as of the day and year first above written.
DECLARANT
Lakes of Highstone, LLLP.
By
Its
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STATE OF MINNESOTA )
) ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ___ day of _________, 2018,
by _____________________, the _________________, for and on behalf of
_________________________, a ____________________, by and on behalf of said
_______________________.
_______________________________
Notary Public
This Planned Unit Development Agreement is approved and consented to by the City Council of the
City of Rosemount.
CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
And by:
Jeff May, Deputy City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ___________, 2018,
by William H. Droste and Jeff May, the Mayor and Deputy City Clerk, respectively, for and on behalf
of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation.
Notary Public
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THIS INSTRUMENT WAS DRAFTED BY:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
651-423-4411
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