Loading...
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 2 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 3 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 1 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 2 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: 3 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 4 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 5 THIS INSTRUMENT WAS DRAFTED BY: City of Rosemount 2875 145th Street West Rosemount, MN 55068 651-423-4411 Z V A V ti Ex p I Nc- V X1 EXIS71NG Bl aLf INC O PARKING STALLS)