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HomeMy WebLinkAbout9.b.Request by Pineridge Hillside for approval of a Site Plan Review, Conditional Use Permit, and a Planned Unit Development Master Development Plan to construct a three-building condominium EXECUTIVE SUMMARY City Council Regular Meeting: September 20, 2022 AGENDA ITEM: Request by Pineridge Hillside for approval of a Site Plan Review (Final Development Plan), Conditional Use Permit, and a Planned Unit Development Master Development Plan to construct a three-building condominium garage facility AGENDA SECTION: New Business PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 9.b. ATTACHMENTS: Resolutions; Planned Unit Development Agreement; Excerpt from the August 23, 2022 Planning Commission Meeting Minutes; Site Location; Site Plan; Grading Plan; Utility Plan; Emergency Vehicle Plan; Landscape Plan; Architectural Renderings; Engineer’s Memo dated August 12, 2022; Fire Marshal’s Memo Dated August 8, 2022. APPROVED BY: LJM RECOMMENDED ACTION: To approve the request, staff is recommending the Council take the following four actions: 1. Motion to adopt a resolution approving a Conditional Use Permit for a self-service storage facility to allow the construction of a 67-unit car condominium garage facility. 2. Motion to adopt a resolution approving a PUD Master Development Plan with rezoning of the site from BP-Business Park to BP PUD-Business Park Planned Unit Development for a condominium garage facility on Lot 1, Block 1, Rosemount Car Club, subject to conditions. 3. Motion to adopt a resolution approving the Final Site and Building Plan for a condominium garage facility. 4. Motion to approve the Pineridge Hillside Planned Unit Development Agreement. SUMMARY The City Council is being asked to consider applications from Pineridge Hillside to construct a three- building condominium garage facility on a parcel in the Rosemount Business Park. The proposed development will have direct access to the Boulder Court cul-de-sac and will be located immediately east of State Highway 3 and the Progressive Rail right-of-way along the highway. This project is similar to a proposal to develop the site that was approved in 2020 but never moved forward. The main difference is that the anticipated uses for the individual units are not as focused on automobile enthusiasts, and the applicant expects owners of the units to use them for a wider variety of uses such as small businesses that 2 are too large for a home occupation but too small to require a standalone facility. The applicant has applied for a Planned Unit Development (PUD) Final Site Development Plan to allow three buildings to be constructed on the proposed new parcel with some minor flexibility from the City’s zoning requirements, a Conditional Use Permit (CUP) to allow construction of a self-service storage facility (the closest use to the proposed garage condos). Staff recommends approval of all components of the request subject to the conditions outlined above. Applicant: Pineridge Hillside Property Owner: JJT Financial LP Location: 15195 Boulder Ct. Area: 4.3 acres Comp. Guide Plan Design: BP – Business Park Current Zoning: BP – Business Park PLANNING COMMISSION ACTION The Planning Commission reviewed this request at its meeting on August 23, during which a public hearing was held for the Commission to receive public comment on the proposed development. No comments were received by the Commission from the public, but the applicant was present and responded to questions from the Commission. Following staff’s presentation, the Commission inquired about the types of uses that would be permitted within the facility or types of storage other than that of automobiles. Staff described how the individual units would allow the owner/operators of home businesses that are outgrowing their space in their home an opportunity to grow their business when they aren’t quite ready for a standalone space. The Commission also asked about the shortfalls of the landscaping plan and described ways the plan could be updated to come closer to the requirement. The Commission sought clarification of the request that the requirement for the site to be completely enclosed by a fence. Staff explained that because the individual owners of each unit are responsible for their own security, there is less of a need for an overall security plan. Because the project would have an owners’ association, there is the potential for a fence and/or security gate to be installed if the association decides to install one. The applicant’s architect indicated that they would work on updating the landscaping plan to provide more plantings around the perimeter of the site in areas that are more visible. Commissioner Thiagarajan discussed the architecture of the site and offered suggested ways to improve the appearance of the buildings. The Planning Commission voted unanimously to recommend approval of the project. BACKGROUND The property under consideration is situated at the western edge of the Rosemount Business Park, at the end of Boulder Court and adjacent to the Progressive Rail right-of-way separating the subject property from State Highway 3/South Robert Trail. The subject parcel is immediately north of Seefried’s development, the future location of The Home Depot’s distribution center. The business park was initially developed in the mid-1990’s, with the JJT Business Park First Addition following roughly 10 years later. The JJT business park project included the parcel on which the On-Time Service Pros (formerly MRCI) is located. The JJT Business Park included a larger Outlot extending along the railroad right-of-way on the west side of this subdivision that was split into two parcels to accommodate The Home Depot. The subject property is currently vacant and used for agricultural purposes. There is a swale along the west side of the property that directs storm water runoff into a larger ponding area in the southern portion of the existing outlot. 3 Pineridge Hillside is proposing to construct a condominium garage complex on the 4.3-acre site as described in the attached project narrative. The concept behind the condominiums is that an individual can purchase garage storage space within the facility while an association manages the common areas (including the exterior of each building) on the property. The proposed use functions like a self-service storage facility with a few exceptions: the individual units are much larger to accommodate the parking of automobiles or storage of goods and materials, the storage units are individually owned and purchased unfinished, and every owner can customize the interior to suit their needs. The original plan for the site would have seen the units marketed toward car collectors, automobile enthusiast, and others that have a specialized interest in cars and need additional space for their hobby and interests. The current applicant anticipates some of the units to be used in that manner, although they are leaving the option open for the use of the units for small businesses that would likely be sole-proprietorships too large to operate from a home. All units would be accessed via an overhead door or side service door, and purchasers would have the option of combining two or more individual units to create a much larger interior space. The overall plan includes three separate buildings with a total of 67 individual condominium units and a total building footprint of 75,375 square feet. There are no common elements such as the club room or plaza included in the original proposal. The request includes several different components given the unique nature of the project. The PUD application will allow the applicant to move forward with multiple buildings on one parcel and includes requests for flexibility from some of the City’s BP – Business Park zoning district standards. The applicant includes detailed plans that can be used to review a Final Site Plan in place of a Master development plan. Considering the proposed use as a garage condominium facility, Staff believes that the use is most like a self-service storage use, which requires a Conditional Use Permit. Any uses within the individual units must fall within those uses listed in the BP district use regulations. The applicant has also requested the vacation of portions of the existing drainage and utility easement located along the western boundary of the parcel, which will be reviewed by the Council at its regular meeting on October 4. ISSUE ANALYSIS Legal Authority. Planned unit developments, site plan reviews, and conditional use permit requests are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. The applicable standards, along with staff findings related to each are provided below. Land Use and Zoning . The subject property is guided BP – Business Park within the City’s future land use plan and is zoned BP – Business Park consistent with this land use category. The purpose statement for this land use category notes that the district is intended to develop businesses with larger number of employees, wages that support an entire family, and constructed of high-quality buildings that provide both beauty and tax base to the community. The Business Park district regulations also prohibit outside storage with the majority of the business activities occurring entirely indoors. While the proposed use is not expected to generate large numbers of employees, it is allowed as a conditional use in the district and is expected the generate a fairly significant amount of tax revenue given the individual ownership and improvements within each of the units. The use will have no outside storage and will feature attractive buildings with an upgraded design, that while not strictly commercial in nature, will provide an attractive appearance within the business park. Although the site is located within a business park area, it is also located along one of the City’s major transportation corridors shared by the state highway and a major rail line and will be visible to the public. The City’s zoning regulations include specific criteria for the granting of a conditional use permit along with a specific set of standards for self-service storage facilities. Staff finds that the conditional use permit criteria are met by the application; however, given the differences between the proposed use and a typical self- 4 service storage facility, there are a few of the requirements that will be difficult for the applicant to meet. Specifically, the City limits the hours of operations for self-service storage uses and requires that the entire site be enclosed by a building or a decorative fence. Because the proposed garages will be owned individually, the applicant has indicated that it needs to provide 24-hour access to their users. Furthermore, since each condo owner is responsible for their own security, there is a reduced need for fencing or other protective measures around the property. Other users within the business park are not limited to specific hours of operation. Given the location and unique nature of the use, the applicant is requesting exceptions from these specific ordinance standards through the PUD process. Staff is supportive of the request. As part of the current application, the property would be rezoned from BP to BP-PUD, which will provide flexibility to create unified development site with shared amenities and improvements amongst each of the separate buildings. A relaxation of some of the BP district standards as noted below will also allow the buildings to make better use of the available space while recognizing the need for a different building design than an office or manufacturing facility. Planned Unit Development The purpose of a Planned Unit Development (PUD) is to allow flexibility from typical zoning performance standards to encourage higher quality development. This process involves an exchange in which the City eases certain performance standards in return for an enhanced development. While the City Code requires a minimum area of ten acres for PUDs, the 4.3 acre site is eligible for consideration as a planned development because of its location next to a major transportation corridor (arterial highway and railroad). The PUD will allow for the use of shared site elements, including the private access and driveways, clubhouse area, and integrated storm water system that would otherwise need to be accommodated by each building. While the development complies with most of the BP – Business Park and self-service storage requirements, the applicant has requested some exceptions from these standards based on the unique nature of the business and site. The specific exceptions requested include the following: • Impervious Coverage. The zoning ordinance specifies a maximum imperious surface coverage of 75% and the site plan shows a coverage of 78.5%. Because the buildings are essentially a series or private garages that need direct access to a driveway and paved surface, the proposed development needs to incorporate more hard surfaces than a typical business park site. • Building Design. The applicant is proposing a building design that deviates from the City’s requirements for building materials and design in the BP district. The design exceptions requested would allow the buildings to vary from the BP architectural and design standards that require all building elevations to include brick, natural stone, specialty integral colored concrete block, or similar materials. The proposed look is somewhat more residential in character with the use of cementitious (lap) siding, brick base, and glass windows on the most visible elevations. Given the design restrictions associated with the numerous, large garage doors, the proposed design strikes a good balance between the self-service storage nature of the building and its location at the edge of a business park. • Hours of Operation. The City’s self-service storage facility ordinance limits hours of operation to 6:00 am to 11:00 pm. The applicant has requested 24-hour access for condominium owners. • Fencing and Screening. The City’s self-service storage ordinance requires the facility to entirely enclosed by a combination of buildings and decorative fencing. The proposed site plan does not include any fencing and the space between buildings will be open and accessible for vehicles to access the buildings. 5 • Landscaping. The applicant has submitted a landscaping plan that falls short of the minimum plantings required. While staff is generally supportive of a reduction due to the fact there is additional impervious required by the type of use proposed, and also that the stormwater infrastructure reduces the amount of open space that can contain plantings, staff is recommending that the applicant submit an updated landscape plan that includes some additional foundation and overstory trees to bring the site closer to compliance with the Code. The zoning ordinance provides development standards for PUD’s and recognizes that the specifications and standards for streets, utilities, public facilities and subdivisions may be modified based upon the unique characteristics of the PUD. The City Council may therefore approve streets, utilities, public facilities and land subdivisions that are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of the PUD ordinance or to protect the health, safety or welfare of the surrounding area or the city as a whole. The creation of a condominium garage complex with the exceptions noted above will allow a unique project that would otherwise be difficult to accommodate on another site or in a different zoning district. The result is a development that furthers the City’s goals of promoting increased tax base and business activity within areas guided for Business Park. According to Section 11-10-6 C.1, the planning commission and city council shall base their recommendations and actions regarding the applicable PUD application on consideration of the items listed below. 1. Compatibility of the proposed plan with the PUD standards and the goals and policies of the comprehensive plan. Finding: The proposed use is consistent with the PUD standards and the goals and policies of the comprehensive plan. Generally, the comprehensive plan calls for new development within business park areas to promote expansion of the City’s tax base and creation of new jobs within the community. The proposed use will allow a type of development that provides a high-quality building expected to bring people into the community for shopping, leisure, and business activity. The subject site is in a transition area between one of the City’s primary transportation corridors and the Rosemount Business Park. 2. Effect of the proposed plan on the neighborhood in which it is to be located. Finding: The proposed development will have a positive effect on the surrounding neighborhood. The property is located within a transition area between South Robert Trail and the Rosemount Business Park. Uses to the east are comprised of light manufacturing, office, and other business uses that have no outside storage and limited truck loading facilities. The proposed development will be set back from Boulder Trail and much less visible than other properties in the area. The neighbors, as part of the formal planning review, have been contacted about the public hearing at the Planning Commission meeting. 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 site’s organization and layout are designed to accommodate three buildings that will share one access to Boulder Court and use shared driveways between each building. The shared road and driveways will provide adequate maneuvering for vehicle and trucks entering and exiting individual garage units. Parking and landscaping have been designed to meet the City’s minimum requirements, or conditions of approval will bring the project further into compliance with these standards. 4. Consistency with the standards of section 11-10-3 of this chapter pertaining to site and building plan review. Finding: The proposed development meets or exceeds the development standards for the BP district and self-service storage facility requirements except for the impervious coverage, building design standards, hours of operation, and fencing requirements. The overall building area, lot coverage, and expected traffic are all consistent with a typical business park development of the same size. These zoning requirements and staff’s finding for each are 6 detailed the site plan review section below. 5. Such other factors as the planning commission or city council deems relevant. Based on the findings detailed above, staff recommends approval of the planned unit development. The Planning Commission and City Council may attach conditions to their actions as they determine necessary to better accomplish the purposes of a planned unit development. Streets & Access. The proposed condominium garages site will have direct access to Boulder Court in a location previously approved with the original JJT Business Park subdivision. The individual garage units within the three buildings will be accessed via a private internal road and driveway system. All internal drive aisles are designed to meet the City’s minimum standards for a self-service storage facility. Staff is recommending that the narrower portions of the driveway (identified in the plans as no parking allowed) be marked as no parking areas, to ensure proper emergency access at all times. Because the development site connects to an existing public road, no further roads are necessary for the project to move forward. Utilities The subject parcel is located with the City’s 2030 Metropolitan Urban Service Area and is required to connect to public services to support the proposed development. Public water and sanitary sewer services have been stubbed to the site with previous development projects, and no further extensions are required to serve the site Parks and Open Space. The City’s subdivision ordinance requires all new developments (both residential and commercial) to dedicate a percentage of the overall subdivision area for public park purposes. The City may also elect to accept a fee in lieu of land dedication when development occurs in an area that is not planned for any public parks. In this case, the Parks and Recreation Director has reviewed the proposed subdivision and recommended that the City receive a fee in lieu of land dedication for the project. The required dedication is 10% of the land area, and the City’s fee schedule identifies the required cash in lieu of land at $8,500 per acre. The total cash in lieu of land dedication required for the Lot 1, Block 1 is $36,465 ($8,500 per acre x 4.29 acres). The owner of the site had requested that the park dedication fee that is normally collected with a subdivision be deferred until the site was developed. This request was approved by the City Council as part of the plat approval. Therefore, the park dedication fee is required prior to the issuance of any building or grading permit. Sidewalks, Trails and Pathway. The City has adopted a Pedestrian and Bicycle Master Plan, which identifies a proposed multipurpose trail along Biscayne Avenue. The City has also previously constructed a public sidewalk along the north and west sides of Boulder Trail, which is expected to continue further south as development progresses within the business park. No sidewalk has been planned or constructed along Boulder Court, the majority of which fronts a vacant, future building site along this road. There are no possible connections further to the west because of the rail line that runs along the property boundary. Pedestrian Circulation: All access to the individual units will occur directly from the drive aisles in front of each garage unit. The use is not expected to generate a large amount of traffic, and there will be no truck loading docks or other significant barriers to pedestrian movement around the site. Pedestrians will be able to access the regional trail connection along Biscayne Avenue via the sidewalk along Boulder Trail 7 Storm Water Management One storm sewer system is proposed for the site. The primary storm sewer line extends along the west side of the plat extending from the southwest corner northeast to the northwest corner of the lot. This storm sewer extension has three storm sewer runs extending from it to the east collection runoff from the access isles and along the north side of the lot. The primary storm sewer run also collects runoff from the lot to the north and must connect to the existing storm sewer in the northwest corner of the site. The storm sewer extension along the west property line will be publicly maintained, the storm sewer runs into the site will be privately maintained. Other Engineering Comments. Because the trunk area charges were deferred by the property owner when the site was platted, those charges must be paid prior to the issuance of any building or grading permits. A surface water management plan is currently under review, and any comments arising from the review will need to be incorporated into the plans. The City’s engineer has submitted a review memo containing comments that must be addressed as development proceeds. Site Plan Review As noted above, the planned unit development application includes a request for approval of a final site development plan and site plan review in conjunction with the Conditional Use Permit. The purpose of a site plan review is to evaluate each project as it relates to the performance and site design standards of the zoning ordinance. The applicable site plan review standards and staff’s findings for each are detailed below. This review focuses on all final site plan and details submitted for all three buildings, recognizing that they will be built out in two phases starting with Building 1 and necessary sitework. Future buildings (2 and 3) will not require further City review if they are consistent with the plans approved with the PUD request. Land Use and Zoning . The subject property is guided BP Business Park and is currently zoned BP - Business Park consistent with this designation. The BP standards are used for the review sections that follow. Lot and Building Standards. The proposed site design for garage condominium buildings is consistent with the lot and building performance standards for the BP Business Park District with the exceptions noted above. These standards are detailed in the table below. Please note that the required setbacks for this lot include an increased rear yard setback because it is adjacent to a railroad. Lot and Building Performance Standards for the BP – Business Park District Standard Required Proposed Front Setback (East) 30 ft. 30 ft. (cul-de-sac) Side Setback (North) 10 ft. 10 ft. Side Setback (East/South) 10 ft. 35/46 ft. Rear Setback (West) 40 ft. (30 ft. buffer) 21.1 ft. Maximum Lot Coverage 75% maximum 78.5% 8 Residential Buffer Yard N/A N/A Building Height 50 ft. 32 ft. (roof peak) The required setbacks for parking areas are 20 feet for the front yard and 10 feet for the side and rear yards in the BP zoning district. Considering the additional 10 feet required from a railroad right-of-way the project meets these standards as well. Buffer Area. The zoning ordinance requires increased setbacks and/or buffer yards to provide additional buffering between uses under two circumstances: 1) along a side or rear property line abutting any non-commercial or non-industrial use or district, and 2) when abutting a higher classification roadway or a railroad within the City. The first set of circumstances does not apply to the subject property because the applicant’s parcel abuts another Business Park property. The second situation does apply to the applicant’s property because of its location next to the Progressive Rail line. The increased setback from the railroad right-of- way is included in the above chart. Staff is supportive of the reduction in required buffer area due to the positioning of the buildings perpendicular to the western parcel boundary and the fact that the proposed use is lower intensity than other uses in the Business Park district. Exterior Building Materials The exterior building materials to be used in the proposed condominium buildings is the most significant departure requested from the City’s BP district standards. The zoning standards require “360 degrees” architecture for this district, which means that all sides of the building need to comply with the building materials, colors, and design elements required under the code. For a typical manufacturing or warehousing facility this requirement would be met with materials like precast concrete wall with decorative elements or a brick/natural stone exterior. Because the proposed development is essentially a series of garage doors on all long sides of each building, the required materials would cover a much smaller portion of the building and would not have the same impact. The materials the applicant is proposing include fiber cement lap siding and brick wainscoting on the gabled walls which will be the most visible from the public rights of way. Metal panel awnings over the windows will also provide interest to those sides of the buildings. The walls containing the garage doors will feature various types of architectural metal paneling in shades of gray. Architectural Appearance & Building Massing Similar to the discussion concerning building materials, the proposed architectural design for the garage condominiums addresses the need to plan around a series of large garage door openings. The overall length of each building ranges from 300 feet to 375 feet, and the architectural plans indicate that this mass will be broken-up with a varied use of colors and materials. The roof is also a gable design, which will step the max height of the roof back from the side elevation while providing a more residential feel for the site. The overall plans also include some smaller decorative elements such as awnings over the doors and windows. As designed, the other elements of the proposed building meet or exceed the architectural appearance and building massing requirements of the BP – Business Park district. Off-Street Parking The site meets or exceeds the off-street parking requirements for the BP Business Park district in accordance with the analysis performed by the project architects in consultation with City staff and upon review of the City’s off-street parking ordinance. The following chart documents the minimum parking standards required under the City Code: 9 Use Parking Required Minimum Spaces Self Service Storage 1 stall per 6,000 sq. ft. of storage area 13 Total 13 The proposed site plan depicts 13 total stalls on the site, meeting the minimum requirements of the zoning ordinance. These will be located throughout the site while the applicant anticipates most owners of unit will park in front of their individual units. Space has been allocated to allow for such parking while maintaining sufficient space for emergency vehicles to maneuver throughout the site. Landscaping . Based on staff’s review of the site, the applicant’s landscape plan falls short of the minimum landscape requirements outlined in Section 11-6-3 of the City Code for overstory trees. The applicant updated their landscape plan since the Planning Commission meeting to bring is closer to conformance with the code. A detailed comparison of the required and proposed landscaping for this site is provided in the table below. All sites in the BP zoning district are required to provide a minimum of 1 tree per 3,000 square feet of land area and foundation plantings equal to 1 per 10 linear feet of building perimeter. Additionally, the self-service storage requirements state that the applicant must provide 1.25 times the required minimum for over story tree plantings above the base zoning requirement for these uses. The applicant’s original landscape plan contained 19 trees or 59 less than the minimum required and 53 foundation/shrub plantings or 192 fewer than required. The plan has since been updated to include 34 trees and 174 foundation plantings. The applicant has pointed out that a large portion of the green space on the site is used for drainage swales, and that planting trees in these areas is not encouraged. Because so much of the open space is devoted to drainage, the applicant does not believe it is possible to plant the required number of trees on the property, and staff is supportive of a reduction in the required number of plantings as a result of this. Landscaping Requirement Comparison Type Size Standard Required Proposed Status Trees 187,290 1 tree /3,000 sq. ft. (+25%) 78 34 (increased from 19) Short Foundation Plantings 2,450 1 planting/10 linear feet of building 245 174 (increased from 53) Short Signage. No signage was indicated on the plans provided. Typically, signage is reviewed though the standard permitting process, and therefore a condition of approval is the requirement that any signage installed on the site must receive a sign permit. Exterior Lighting . The applicant’s narrative states that exterior lighting will consist of wall-mounted, LED downlighting to provide accent, identification, and illumination for added security. There are no pole fixtures planned in any of the driveways or parking areas. Trash Enclosure. No common trash enclosure is proposed. All waste receptacles will be contained within the individual units with owners contracting with trash haulers for removal. The amount of trash generated by the use is anticipated to be relatively low compared to other uses. RECOMMENDATION The Planning Commission and staff recommend approval of a Conditional Use Permit, and a PUD Master 10 Development Plan Rezoning the site from BP – Business Park to BP –Business Park/PUD concerning a three-building condominium garage facility subject to conditions of approval outlined in the attached resolution. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR PINERIDGE HILLSIDE TO ESTABLISH A CONDOMINIUM GARAGE FACILTY WITHIN THE ROSEMOUNT BUSINESS PARK. WHEREAS, the Community Development Department of the City of Rosemount received an application from Pineridge Hillside requesting a Conditional Use Permit (CUP) to establish a condominium garage facility (self-service storage) on Lot 1, Block 1, Rosemount Car Club; and WHEREAS, on August 23, 2022, the Planning Commission of the City of Rosemount reviewed and conducted a public hearing for the conditional use permit application of Pineridge Hillside; and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the conditional use permit application for a condominium garage facility with conditions; and WHEREAS, on September 20, 2022, the City Council of the City of Rosemount reviewed the Planning Commission recommendations for the conditional use permit. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the conditional use permit to establish a a condominium garage facility (self-service storage) on Lot 1, Block 1, Rosemount Car Club subject to the following condition: 1. The applicant shall adhere to all conditions listed in the City Council resolution approving the PUD Master Development Plan. ADOPTED this 20th day of September, 2022 by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-XX A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER DEVELOPMENT PLAN WITH REZONING FOR THE PINERIDGE HILLSIDE CONDOMINIUM GARAGES WHEREAS, the Community Development Department of the City of Rosemount received a request for a Planned Unit Development (PUD) Master Development Plan with Rezoning from Pineridge Hillside concerning property generally located along the western edge of the Boulder Court cul-de-sac and east of the Progressive Rail right-of-way and legally described as follows: Lot 1, Block 1, Rosemount Car Club, Dakota County, Minnesota WHEREAS, on August 23, 2022, the Planning Commission of the City of Rosemount held a public hearing and reviewed the PUD Master Development Plan with Rezoning for the Pineridge Hillside Condominium Garages; and WHEREAS, on August 23, 2022, the Planning Commission recommended approval of the PUD Master Development Plan with Rezoning for the Pineridge Hillside Condominium Garages, subject to conditions; and WHEREAS, on September 20, 2022, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Planned Unit Development (PUD) Master Development Plan of the Pineridge Hillside Condominium Garages and the Rezoning from BP – Business Park to BP PUD – Business Park Planned Unit Development, subject to: a. Execution of a PUD Agreement. b. A deviation from City Code Section 11-4-15 (F.3) to allow the overall impervious coverage of the site to exceed 75%. c. A deviation from City Code Section 11-4-15 (G) to allow buildings that do no meet the City’s site and building design standards with regards to entry features and permitted materials. Building design shall be regulated under the PUD Agreement. d. A deviation from City Code Section 11-4-13 (D) to allow the facility to be open and available for use for 24 hours per day and not be completely enclosed by a combination of buildings and decorative fencing. e. A deviation from City Code Section 11-6-3: Landscaping Requirements reducing the minimum number of trees and foundation plantings required for the site shall be 34 and 174, respectively. f. The sanitary sewer angle points and stubs to the building need to be completed at a manhole for maintenance purposes. g. The City will be able to access all manholes on the eastern portion of the property to evaluate discharge into the public sanitary and storm sewer system from the site. h. Individual units shall be numbered and signed accordingly. 2 i. Establishment of a private association that assumes responsibility for maintenance of all common areas and site elements, including but not limited to private access drives, parking areas, storm water retention ponds, landscaping, patios, and exterior building elements. j. Incorporation of recommendations from the City Engineer in a review memorandum dated August 12, 2022, relative to drainage, grading, easements, utilities, storm water management, and other subjects covered in the review. k. No parking will be allowed along the driveways providing access between buildings and the developer will be responsible for signage marking these areas following the recommendation of the Fire Marshall. l. Freestanding signage will be limited to one for the PUD area in the location identified on the site plan. m. No overnight stays are permitted on the site, and any uses other than the storage of vehicles must conform to the permitted uses listed in the BP-Business Park district use standards. n. Payment of all required area and connection charges consistent with the Engineering memo. o. The landscape plan shall be updated to bring the site closer to compliance with the City’s minimum landscape requirements for overstory trees. Any remaining shortfall shall be accounted for in the PUD agreement. p. A landscape letter of credit for 110% of the site landscaping is required. ADOPTED this 20th day of September, 2022, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022 - A RESOLUTION APPROVING THE PLANN ED UNIT DEVELOPMENT (PUD) FINAL SITE AND BUILDING PLAN FOR PINERIDGE HILLSIDE TO ESTABLISH A CONDOMINIUM GARAGE FACILTY WITHIN THE ROSEMOUNT BUSINESS PARK WHEREAS, the Community Development Department of the City of Rosemount received an application from the Pineridge Hillside requesting a Planned Unit Development (PUD) Final Site and Building Plan concerning property legally described as: Lot 1, Block 1, Rosemount Car Club, Dakota County, Minnesota. WHEREAS, on August 23, 2022, the Planning Commission of the City of Rosemount held a public hearing and reviewed the PUD Final Site and Building Plan; and WHEREAS, on August 23, 2022, the Planning Commission recommended approval of the PUD Final Site and Building Plan, subject to conditions; and WHEREAS, on September 20, 2022, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Planned Unit Development (PUD) Final Site and Building Plan of Pineridge Hillside, subject to: 1. Issuance of a Building Permit. 2. The applicant shall adhere to all conditions listed in the City Council resolution approving the PUD Master Development Plan. ADOPTED this 20th day of September 2022, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Erin Fasbender, City Clerk 1 DECLARATION OF COVENANTS AND RESTRICTIONS PINERIDGE HILLSIDE ROSEMOUNT FLEXSPACE CONDOMINIUMS PLANNED UNIT DEVELOPMENT AGREEMENT THIS DECLARATION made this ______ day of _________________, 2022, by Pineridge Hillside (hereinafter referred to as the “Declarants”); WHEREAS, Declarants 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 planned unit development would not have been approved; and WHEREAS, as a condition of approval of the planned unit development, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the “Declaration”); and 2 WHEREAS, to secure the benefits and advantages of approval of such planned unit development, Declarants desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarants 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. 2022-xx, Attachment Two b. Site Plan, Attachment Three c. Exterior Elevations, Attachments Four through Six d. Grading Plan, Attachment Seven e. Utility Plan, Attachment Eight f. Landscape Plan, Attachment Nine 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 Paragraph 1 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. 3 3. In connection with the approval of development of the Subject Property, the following deviations from City Zoning or Subdivision Code provisions were approved: a. Section 11-4-15 (F.3): Maximum Lot Coverage The maximum impervious coverage of the site shall be 78.5%. b. Section 11-4-15 (G): Site and Building Standards Buildings that do not meet the City’s site and building design standards with regards to entry features and permitted materials shall conform to the exterior elevations shown on attachments four through six. c. Section 11-4-13 (D): Conditional Uses The facility is allowed to be open and available for use for 24 hours per day and not be completely enclosed by a combination of buildings and decorative fencing. d. Section 11-6-3: Landscaping Requirements The minimum number of trees and foundation plantings required for the site shall be 34 and 174, respectively. In all other respects the use and development of the Subject Property shall conform to the requirements of the Paragraph 1 of this Declaration and the City Code of Ordinances. 4. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarants, 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 to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarants have hereunto set their hands and seals as of the day and year first above written. DECLARANT PINERIDGE HILLSIDE By Its STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) 4 The foregoing instrument was acknowledged before me this ___ day of _________, 2022, by _____________________, the _________________, for and on behalf of _________________________, a ____________________, by and on behalf of said _______________________. _______________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF ROSEMOUNT 2875 145TH STREET WEST ROSEMOUNT, MN 55068 651-423-4411 EXCERPT FROM THE AUGUST 23, 2022 PLANNING COMMISSION MEETING MINUTES 6.b. Request by Pineridge Hillside for Approval of a Site Plan Review (Final Development Plan), Conditional Use Permit, and a Planned Unit Development Master Development Plan to construct a three-building condominium garage facility (22-63-SP, 22-64-CUP, 22-65-PUD. Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. Chair Kenninger inquired about examples of businesses that can be on property. Nemcek stated if someone is running a business out of their home and they need more room. Commissioner Reed stated that he appreciates the inclusion of condition F. Commissioner Thiagarajan questioned if the paving going right up to the building. Nemcek stated that is what the plans show. Thiagarajan stated that any run off would go right onto the paving. Nemcek stated that is correct and would be collected in-between the building. The public hearing opened at 6:53 pm. Public Comments: Mark Welch, Griffin Construction Co, 14070 Highway 52 South East, Chatfield, stated that he consulted with the applicant for the proposed project and that they are good with the conditions of approval. Will be working with staff on any questions. Jim French, Pine Ridge Hillside, LLC, Applicant, N7429 1195th Street, River Falls, WI, Commissioner Thiagarajan questioned if the cement siding on one side and metal paneling on others is intentional. Mr. French stated that it is. Chair Kenninger questioned if there are plans to have a gate at the entrance. Mr. French stated that an HOA is established once finished and that decision will be left up to the community to decide. MOTION by Kenninger to close the public hearing. Second by Reed. Ayes: 5. Nays: 0. Motion Passes. The public hearing closed at 7:01 pm. Additional Comments: Chair Kenninger stated that a better landscape plan would be appreciated before the item goes to City Council. MOTION by Reed to recommend the City Council to approve a PUD Master Development Plan with rezoning of the site from BP-Business Park to BP PUD-Business Park Planned Unit Development for a condominium garage facility on Lot 1, Block 1, Rosemount Car Club, subject to the following conditions: a. Execution of a PUD Agreement. b. A deviation from City Code Section 11-4-15 (F.3) to allow the overall impervious coverage of the site to exceed 75%. c. A deviation from City Code Section 11-4-15 (G) to allow buildings that do no meet the City’s site and building design standards with regards to entry features and permitted materials. Building design shall be regulated under the PUD Agreement. d. A deviation from City Code Section 11-4-13 (D) to allow the facility to be open and available for use for 24 hours per day and not be completely enclosed by a combination of buildings and decorative fencing. e. The sanitary sewer angle points and stubs to the building need to be completed at a manhole for maintenance purposes. f. The City will be able to access all manholes on the eastern portion of the property to evaluate discharge into the public sanitary and storm sewer system from the site. g. Individual units shall be numbered and signed accordingly. h. Establishment of a private association that assumes responsibility for maintenance of all common areas and site elements, including but not limited to private access drives, parking areas, storm water retention ponds, landscaping, patios, and exterior building elements. i. Incorporation of recommendations from the City Engineer in a review memorandum dated August 12, 2022, relative to drainage, grading, easements, utilities, storm water management, and other subjects covered in the review. j. No parking will be allowed along the driveways providing access between buildings and the developer will be responsible for signage marking these areas following the recommendation of the Fire Marshall. k. Freestanding signage will be limited to one for the PUD area in the location identified on the site plan. l. No overnight stays are permitted on the site, and any uses other than the storage of vehicles must conform to the permitted uses listed in the BP-Business Park district use standards. m. Payment of all required area and connection charges consistent with the Engineering memo. n. The landscape plan shall be updated to bring the site closer to compliance with the City’s minimum landscape requirements for overstory trees. Any remaining shortfall shall be accounted for in the PUD agreement. o. A landscape letter of credit for 110% of the site landscaping is required. Second by Powell. Ayes: 5. Nays: 0. Motion Passes. MOTION by Reed to recommend the City Council approve a Conditional Use Permit for a self-service storage facility to allow the construction of a 67-unit car condominium garage facility. Second by Thiagarajan. Ayes: 5. Nays: 0. Motion Passes. MOTION by Reed to recommend the City Council to approve the Final Site and Building Plan for a condominium garage facility. Second by Thiagarajan. Ayes: 5. Nays: 0. Motion Passes. GRAPHIC SCALE ( IN FEET ) 1 IN = 30 FT www.ggg.to 1665-867-Fax 507 1666-867-Ph. 507 PLANNING SURVEYING ENGINEERING Chatfield, MN 55923 14070 Hwy 52 S.E. GRAPHIC SCALE ( IN FEET ) 1 IN = 30 FT 1060.00 www.ggg.to 1665-867-Fax 507 1666-867-Ph. 507 PLANNING SURVEYING ENGINEERING Chatfield, MN 55923 14070 Hwy 52 S.E. GRAPHIC SCALE ( IN FEET ) 1 IN = 30 FT www.ggg.to 1665-867-Fax 507 1666-867-Ph. 507 PLANNING SURVEYING ENGINEERING Chatfield, MN 55923 14070 Hwy 52 S.E. GRAPHIC SCALE ( IN FEET ) 1 IN = 30 FT www.ggg.to 1665-867-Fax 507 1666-867-Ph. 507 PLANNING SURVEYING ENGINEERING Chatfield, MN 55923 14070 Hwy 52 S.E. GRAPHIC SCALE ( IN FEET ) 1 IN = 30 FT www.ggg.to 1665-867-Fax 507 1666-867-Ph. 507 PLANNING SURVEYING ENGINEERING Chatfield, MN 55923 14070 Hwy 52 S.E. K:\021075-000\Admin\Docs\2022.08.04 Submittal\2022.08.04 - Site Plan Review.docx Memorandum To: Anthony Nemcek, Senior Planner CC: Stacy Bodsberg, Planning & Personnel Secretary Brian Erickson, City Engineer From: Tim Hanson PE, WSB Engineering Consultant Date: August 12, 2022 Re: Rosemount Flexspace Condominiums Site Plan Review Grading Plan Review Emergency Vehicle Plan Review WSB File Number 021075-000 SUBMITTAL: LS Black Constructors has submitted a site plan for the development of a lot in JJT Business Park 1st Addition. The lot is addressed 15195 Boulder Court. The plans submitted were prepared by G-Cubed of Chatfield, MN. Review comments were generated from the Site Plan Submittal not dated, received on 07.26.2022. The submittal included the following: ▪ Site Plan ▪ Grading Plan ▪ Emergency Vehicle Plan EXISTING CONDITIONS Rosemount Flexspace Condominiums is located north of Project Osprey, east of the Canadian Pacific rail line and south of Rosemount Place LLC. The parent parcel consists of land previously utilized for agricultural purposes and has sat vacant for several years. Rosemount Flexspace Condominiums is 4.298 acres in size. SITE PLAN The proposed site plan identifies the development of 67 condominium units within 3 buildings. Each unit accessing the common drive area by a walk-in door and an overhead vehicle access door. The site plan identifies 13 parking stalls that are not located in front of a garage door. Rosemount Flexspace Condominiums extends from the circle of Boulder Court with a 24-foot- wide driveway. The driveway extends to two access isles which extend along the east, south and northerly area of the project. A third access isle extends between the two. The three access isles provide access to the proposed condominiums and good circulation of the site provided exterior parking is limited to the one stall in front of the garage doors. Anthony Nemcek August 15, 2022 Page 2 K:\021075-000\Admin\Docs\2022.08.04 Submittal\2022.08.04 - Site Plan Review.docx The development Fees are indicated below based on the 2022 Schedule of Rates and Fees. The lot is subject to these fees provided they were not collected with the initial platting of the lot. ▪ Sanitary Sewer Trunk Charge: $1,075/acre ▪ Watermain Trunk Charge: $6,500/acre ▪ Storm Sewer Trunk Charge: $6,865/acre GRADING AND DRAINAGE The proposed grading plan directs runoff away from each building to the center access isle or away from the building to the adjacent green space/lot line. The west side of the site identifies filling of an existing swale/ponding area which receives runoff from the parcel to the north. The filling of the swale is proposed to be replaced with a storm sewer system extending along the west property line from the northwest corner to the southeast corner. Runoff from the site is conveyed west to the proposed storm sewer along the westerly property line and into remnants of the existing drainage swale. The access isle along the east property line is proposed to be curbed, directing drainage to the central access isle where it is collected by a storm sewer inlet. The east lot line will maintain its current drainage pattern which is to the south. 1. The filling of the drainageway and ponding area will have to be accounted for by existing ponding off-site. A storm water management plan for the site is required. 2. The proposed storm sewer along the west property line must be sized to adequately convey runoff from the north. This storm sewer system will have to be public as it serves two private properties. 3. The emergency overflow locations and elevations for the west side drainageway need to be identified and placed on the plan. 4. An access and egress route to the storm sewer must be identified and placed within an easement for public maintenance of the storm sewer along the west property line. SANITARY SEWER AND WATERMAIN – UTILITY PLAN Sanitary sewer service to Rosemount Flexspace is provided by an existing 6-inch sewer service extending from the Boulder Court Cul-de-sac at the driveway location. The sanitary sewer is proposed to be extended into the site and then south along the east lot line extending service stubs to the two southerly buildings. The site plan does not identify sewer service extending to the northern building. The sanitary sewer angle points and possibly the stubs to the building need to be completed at a manhole for maintenance purposes. There is an existing eight-inch watermain stub located at the driveway for Rosemount Flexspace. This watermain stub will be extended into the site to the southeast corner and to the west side. Domestic and fire flows will be obtained from the watermain extension. 5. Location of hydrants and valves will be detail reviewed with the construction plans. STORM SEWER One storm sewer system is proposed for the site. The primary storm sewer line extends along the west side of the plat extending from the southwest corner northeast to the northwest corner of the lot. This storm sewer extension has three storm sewer runs extending from it to the east collection runoff from the access isles and along the north side of the lot. The primary storm sewer run also collects runoff from the lot to the north and must connect to the existing storm sewer in the northwest corner of the site. The storm sewer extension along the west property line Anthony Nemcek August 15, 2022 Page 3 K:\021075-000\Admin\Docs\2022.08.04 Submittal\2022.08.04 - Site Plan Review.docx will be publicly maintained, the storm sewer runs into the site will be privately maintained. Storm sewer design and layout will be reviewed with the Surface Water Management plan submittal. 6. Detail review of the storm sewer system and design will be completed with the construction plans for the site. SURFACE WATER MANAGEMENT The proposed Surface Water Management plan for the preliminary plat is under reviewed. Comments included in the Surface Water Management plan review shall be incorporated in the project design. LANDSCAPE PLAN A Landscape plan was not submitted for review. Landscaping needs to be located so it does not conflict with infrastructure. Tree plantings should allow space for access and maintenance of proposed infrastructure. GENERAL Infrastructure design shall be completed in accordance with the City of Rosemount’s Engineering Guidelines and Standards. Infrastructure construction shall be completed in accordance with the latest edition of the City’s General Specifications and Standard Detail Plates for Street and Utility Construction. MEMORANDUM To: Anthony Nemcek, Senior Planner Adam Kienberger, Community Development Director From: Rick Chase, Fire Marshal Date: August 8, 2022 Subject: Pineridge Hillside, Rosemount Condominium Garages The following comments are provided based on the 2020 Minnesota State Fire Code and site plan dated 7-26-2022. • Hydrants spacing required in accordance with the Minnesota State Fire Code. Additional hydrants will be required. • Fire apparatus access roads in accordance with the Minnesota State Fire Code minimum width 20’. • Add turn radius for fire apparatus Commander to site plan. Contact Fire Marshal for dimensions. • No parking fire lane signage will be required. • Trash/dumpster location required to be a minimum of 5’ from any structure including overhangs. • All access service doors around building required to be numbered. Sincerely, Rick Chase Fire Marshal