REQUEST FOR COUNCIL ACTION
Date: August 24, 2020 Item No.: 7.c
Department Approval City Manager Approval
Item Description: Consider Adopting an Ordinance cancelling Planned Unit Development #3608 and #15-018 affecting portions of Rosedale Center (PF20-018)
1 ROSEDALE DEVELOPMENT BACKGROUND
2 On January 13, 2020, the Planning Division brought forward an update regarding the proposed 3 major improvements being sought by Jones Lang LaSalle (JLL) for Rosedale Center, which 4 included notice of the developer’s intent to cancel the Planned Unit Development approvals 5 impacting the project area. The proposed improvements at Rosedale Center, in part, are being 6 driven by the vacancy of Herberger’s, however the project scope reaches much farther than this 7 area of the mall as the owner attempts to reinvent the property to ensure long-term survival from 8 the traditional shopping mall that has become outdated.
9 JLL is working towards advancing improvements that consist of the following:
10 • Demolition of the existing Herberger’s arm of the mall
11 • Conversion of the ring road from one-way to two-way (except at the Fairview AVE access)
12 • Introduction of housing, including approximately 350 market-rate units and approximately 13 212 active adult (age restricted) units
14 • Two hotels encompassing up to 290 rooms (buildings of 165 rooms and 125 rooms, stand- 15 alone structures at southern periphery of property)
16 • Up to 100,000 SF of office (including medical)
17 • Up to a net increase of 220,000 SF of commercial (could include entertainment, restaurant, 18 grocery, and retail uses)
19 • New parking structures (both stand-alone & within lower levels of new buildings)
20 Based on the information bulleted above, a mandatory Environmental Assessment Worksheet 21 (EAW) was required in accordance with Minnesota Administrative Rules, Chapter 4410.0500. 22 This determination was made because the total number of attached housing units exceeds 375 23 (4410.4300, subp. 19) and the project meets the threshold under “mixed residential and industrial- 24 commercial projects” (4410.4300, subp. 32). Table 3 of the EAW outlined permits and approvals 25 that are anticipated to be required, including cancellation of the existing Planned Unit 26 Development approvals.
27 On May 4, 2020, the City Council approved a resolution making a negative declaration on the need 28 for an Environmental Impact Statement and on June 9, 2020, the Environmental Quality Board 29 (EQB) accepted the publication submission of the City’s decision. The decision was published on
Page 1 of 4 30 June 15 in the EQB Monitor, thus completing the City’s environmental review process for the 31 proposed expansion plans at Rosedale Center.
32 PLANNED UNIT DEVELOPMENT HISTORY AT ROSEDALE 33 In January 2000, the Roseville City Council amended the Shopping Center (SC) zoning district to 34 include more detailed site development standards to address 24 hour uses within 300 feet of 35 residentially zoned property. In addition, as of January 1, 2000, the amendment established each 36 retail site zoned SC, and its existing site plan, to be a planned unit development.
37 In February 2004, the Shopping Center requirements were amended by ordinance #1304. This 38 amendment redefined the floor area ratio of occupiable building to land area as 1.0. (1 square foot 39 of building to1 square foot of land area). It also provided for a height of 3 stories above the main 40 entry level.
41 In May 2005, the City Council approved Planned Unit Development (PUD) Agreement #3608 in 42 support of The Plaza, a 123,708 sq. ft. lifestyle retail/restaurant addition and 58,678 sq. ft. 43 (estimated) 14 screen AMC movie theater that replaced the former Mervyn’s of California. This 44 PUD was necessary because of the SC requirement for a PUD and due to the absence of zoning 45 requirements or standards to guide the development. PUD #3608 effectively acted as a 46 development contract between JLL and the City, which included the following items:
47 • Site Development Plan (property boundary, building setbacks, structure location-including 48 trash enclosures, curbing, parking stalls, parking setbacks, and proof of parking) 49 • Amended and Restated Transit Hub Agreement (original dates to 1991) 50 • Grading and Ponding/Storage Plan (existing and proposed grades after completion of 51 project, drainage directions, spot elevations, catch basins for surface water catchment, 52 ponds, and erosion control plan) 53 • Utility Servicing Plan (sanitary sewer, water mains and hydrants, storm sewer, pipe sizes, 54 line locations, manhole locations, hydrant locations, and other applicable utility plan 55 information) 56 • Landscape Plan (materials list, sizes, and locations of all plant materials) 57 • Building floor plans with dimensions of the facility 58 • Building elevations with dimensions and materials identified 59 • Anticipated site development schedule with estimated date of construction start, 60 construction completion, utility, curb, gutter and landscape installation, and tentative 61 occupancy date of June 2, 2005 62 • Public Improvements Contract (stipulating all requirements, terms, easements, and 63 conditions with respect to public improvements including any utility, roadway, pathway, 64 storm water ponding, and boulevard restoration) 65 • Snow Storage and Management Plan (including staging locations for temporary snow 66 storage and the manner in which snow is transferred to the melting machine)
67 In December 2010, the City Council adopted a new zoning code, which included numerous design 68 standards and development requirements, and eliminated the planned unit development and the 69 requirement surrounding shopping centers being planned unit developments.
70 In 2015, the City Council approved PUD Agreement #15-019 in support of the approximately 71 141,000 square foot Von Maur department store, a 450-stall parking deck, and two, two-story 72 out-parcel buildings that may be constructed on the commercial pads of 5,000 and 7,500
Page 2 of 4 73 square feet respectively. This PUD was required due to a portion on the land for the new 74 department store being contained in the previous (2005) PUD geographic area and to specify 75 design and development requirements.
76 PUD#15-019 also effectively acted as a development contract between JLL and the City for 77 specific site and development improvements in support of Von Maur and two out-parcel 78 developments. This PUD included the following plans:
79 • Site and development plans for both the ground level and deck level designs 80 • Parking garage elevations 81 • Final utility servicing plan 82 • Final site plan 83 • Final grading plan 84 • Roadway improvement plans 85 • Access, circulation, and parking plan 86 • Pedestrian connection plan.
87 On April 11, 2016, the City Council adopted Ordinance #1497 creating new regulations for 88 planned unit developments, which includes specific guidance for cancelling an existing PUD.
89 PLANNED UNIT DEVELOPMENT CANCELLATION REVIEW 90 §1023.11 PUD Cancellation reads: A PUD shall be cancelled and revoked only upon the City 91 Council adopting an ordinance rescinding the overlay district or special use permit establishing 92 the PUD. Cancellation of a PUD shall include findings that demonstrate that the PUD is no longer 93 necessary due to changes in local regulations over time; is inconsistent with the Comprehensive 94 Plan or other applicable land use regulations; threatens public safety, health, or welfare; or due to 95 other applicable findings in accordance with law.
96 On behalf of Jones Lang LaSalle, attorney Jay Lindgren, Dorsey & Whitney, LLP, submits the 97 following in support of the PUD cancellations:
98 • Current zoning for Rosedale Center has been updated since PUD #3608 and PUD#15- 99 018 were established and the current zoning allows improvements and redevelopment 100 to Rosedale in an orderly manner consistent with the City's Comprehensive Plan. 101 • PUD #3608 and PUD #15-018 currently cover only a portion of the Rosedale Center 102 property which, in turn, means that portions of Rosedale Center are essentially zoned 103 differently than other portions because the overlay district only applies to a portion of 104 the site. 105 • As redevelopment occurs at Rosedale Center consistent with current City zoning, 106 amendment of PUD #3608 and/or #15-018 is or may also be required which adds an 107 unnecessary and additional step to the approval process.
108 Section 1023.10, paragraph B of the Zoning Code states that pre-existing PUD’s may be amended 109 by converting to the PUD overlay district (new PUD regulations enacted in 2016). This same 110 section states the process for this to occur is for the applicant to essentially apply for a new PUD, 111 starting with the PUD Concept Plan. Thus, whether the PUD’s remain in force or not, a new PUD 112 process must commence if changes occur within the geographic area covered by the previous 113 PUD’s. If the PUD’s are cancelled, then underlying zoning regulations of the Regional Business 114 district would apply. Page 3 of 4 115 Staff would also recognize that the recent adoption of the 2040 Roseville Comprehensive Plan 116 (Plan) will require the rezoning of Rosedale in support of the Core Mixed-Use land use designation 117 in the Plan. It is anticipated that specific design and development standards concerning the 2040 118 Plan will also be adopted into the Zoning Code. These Code amendments will direct and assist the 119 Planning Division with future projects at Rosedale Center, making the existing planned unit 120 developments obsolete and/or difficult to enforce. However, the timing of enacting the new 121 ordinance, rezoning to the Core Mixed-Use land use designation, and commencement of the 122 developer’s expansion plans may not align such that the expansion plans are governed under the 123 new Core Mixed-Use land designation/zoning. However, cancelling the PUD’s should not have a 124 negative impact as the developer will have to either comply with the Regional Business 125 regulations, Core Mixed-Use regulations (if applicable), apply for a new PUD, or apply for 126 variances.
127 Planning Division staff is also interested in a continued relationship between Rosedale and Metro 128 Transit in regards to the Transit Hub. Having conditioned an amended and restated transit hub 129 agreement in the initial PUD agreement, it is clear that a transit hub at Rosedale needs to be an 130 integral component for future anticipated development. Therefore, staff is recommending a 131 condition of the PUD cancellation be that Rosedale and Metro Transit continue their long-term 132 transit hub and transit service agreement, whether in its current form or an amended form both 133 parties agree to. JLL has signaled their agreement to this condition. In fact, they’ve already begun 134 to negiotiate with Metro Transit on a new agreement whereby a new transit hub is incorporated 135 into the final phase of the expansion plans, with the existing transit hub operating up until the new 136 one is constructed.
137 SUGGESTED CITY COUNCIL ACTION 138 Adopt an Ordinance cancelling Planned Unit Development #3609 and #15-018 governing a 139 portion of the geographic area known as Rosedale Center, subject to the following condition:
140 a. Applicant acknowledges the current transit hub agreement will remain in full force and 141 effect unless all parties agree to a new and/or amended transit hub agreement.
142 ALTERNATIVE ACTIONS 143 a. Pass a motion to table the item for future action. An action to table must be tied to the need 144 for clarity, analysis and/or information necessary to make a recommendation on the 145 request.
146 b. Pass a motion recommending denial of the proposal. A motion to deny must include 147 findings of fact germane to the request.
Report prepared by: Thomas Paschke, City Planner 651-792-7074 | [email protected] Attachments: A. PUD #3608 B. PUD #15-018 C. Cancellation narrative D. Draft PUD cancellation ordinance
Page 4 of 4 Attachment A
1.1 1 # 1 for redevelopment/ expansion of the
1.2 Execution by the and
1.3 Approval and dated
2.0 REQUEST for PUD
has requested that the approve an amendment to portions of the existing Rosedale Shopping Center Planned Development of January 1, 2000 ( Exhibit that provides for the removal of the three story 170, 000 sq. ft.east wing anchor department store ( formerly known as Mervyn' s) and redevelopment of approximately 182, 000 sq. retail space a three story fonnat, which includes 123,708 space and a 58, 678 ft. 14 screen mOVIe on 14. 97 acres building area by 12, 000 sq. ft., located at 1595 36 West, and legally described as:
Center Fourth Addition 37511
Lot 3, Block 1, Rosedale Center Fourth Addition, except that part of overlying Lots 6 and 5, Leinen Heights Number 2 Torrens Certificate of Title No. 375111)
That part of Lot 3, Block 1, Rosedale Center Fourth Addition, that overlies Lot 6 and Lot 7, Block 5, Leinen Heights Number 2 Abstract Property)
1 Attachment A
on with the property in accordance with these plans and agreements. agreements are inconsistent with the wTitten terms of tenns of this shall control. If the plans address not specifically addressed this plans shall respect to plans are:
Exhibit Existing Zoning, Site Conditions Surveys that conditions on the parcels including buildings and contours, dated 1, 2000, and November 8, 2004 ( Drawing C- I, C- IA & 1B).
Exhibit B Amended & Restated Transit Hub ( Rosedale), dated September 18, 2006 ( signed version to be submitted to the CITY prior to issuance of any DEVELOPER' s project building permit), which includes an attached site plan indicating:
a. bus routes and pick-up and at main Mall
b. routes, rider waiting/transfer, and driver and customer rest areas, customer shelter, waiting areas.
c. Park and ride lot, and customer shelter.
Exhibit C Site Development Plan that includes property boundary, building setbacks, structure location ( including the trash enclosure), curbing, parking setbacks, and proof of parking (Drawing No. C- 2), dated May 26, 2005.
2 Attachment A
1
I
Exhibit J Public Improvements Contract approved stipulating requirements, terms, respect to improvements ( but not roadway, storm water ponding, and boulevard restoration, dated 20, 2005.
Exhibit K Snow Storage and Plan shall include staging locations for temporary snow storage and the manner in which snow is transferred to the melting machine. No temporary accessory storage tank operation the snow be on dated June, 2005.
a on 1, - PUD Amendment and Concept Development Plan). On December 20, 2004 the Council considered the proposed concepts the Planned Development zone and found to
CITY agrees to amend the PUD (established January 1, 2000), subject to DEVELOPER' s strict compliance with the approved plans, and terms and conditions of this AGREEMENT.
3 Attachment A
to commence accordance plans Planned necessitate the extension of by the within 60 days the conclusion of the two year period. an extension is not applied for, the Council may instruct the Planning to initiate rezoning to the original land use plan and zoning districts or to another designation consistent with the Comprehensive Plan. For purposes this provision, development activity shall be defined as obtaining a building pennit, commencing and continuing with project construction on the site.
7. 0 COMPLIANCE with LAWS REGULATIONS:
The DEVELOPER represents to the that, to the best of its knowledge, any improvements pursuant to the proposed development will comply with all City, County, Watershed, Regional, Metropolitan, State, and Federal laws and regulations, including but not limited to the Roseville Subdivision Regulations, the Roseville Zoning Regulations, and all other applicable environmental regulations.
8. 0 SITE DEVELOPMENT REQUIREMENTS:
To ensure that the proposed development meets the CITY' S requirements and standards for site development, the following provisions shall apply:
8. 1 Final Grading Plan. The final grading plan for each property and/ or site must be reviewed and approved by the Director of Public Works before any permits will be issued. All grading shall comply with the approved grading plans and shall the responsibility of DEVELOPER. The DEVELOPER' s engineer shall provide to the CITY a letter certifying that the grading project was constructed and was completed as depicted in the approved grading plan (Exhibit D) prior to the issuance of a Certificate of Occupancy.
4 Attachment A
contract to
as
stonTI water
foot wide roadway easement to property Avenue. These easements shall not require modifications to the existing vehicular entrances to
enter a Amendment to Transit Center) Agreement, in the form of the attached Exhibit B.
8. 8 Roadway Improvements. The DEVELOPER hired a traffic consultant ( Parsons) to conduct a detailed on the 1 Mervyn' s replacement/expansion, which analysis indicated that the following improvements and modifications are necessary at an estimated cost to the DEVELOPER $ 293, 000:
5 Attachment A
o
o
o
o
County Road B2/Wells o Optimized cycle splits and
I Road B2/Rosedale o Optimized cycle lengths,
It County Road B2/American StreetlNorth Entrance o Optimized lengths, splits and offsets o Additional 1 foot southbound turn land o Lengthen to 300 feet westbound left turn lane
County Road B2/ Southbound TH 51 RamplNorthwest mall Entrance o Optimized cycle lengths, splits and offsets o Eastbound left turn set as coordinated phase o Add 75 feet to southbound left turn lane o Lengthen to 340 feet eastbound left turn lane o Rosedale perimeter road transition to full left turn lane, full through land, and a 400 foot turn lane
County Road B2INorthbound TH 51 Ramp o Optimized cycle lengths, splits and offset
8. 9 Park Dedication. Because no new lots of more than 1 acre are proposed, no park dedication is required for the project ( as per Section 1104. 04 of the City Code).
6 Attachment A Attachment A
IS no
not exceed
structure as measured same location. Sloped design elements above the third floor ceiling are permitted an additional height of 33% the wall height. The complex be architecturally designed to scale and massing of structures consistent the existing shopping center and the Development Plan to the exterior masses, and must include architectural features, such as windows, panels, lighting, change in texture and and/ or variety, on walls of the building
Building Materials: 3 and Block 1. materials shall include flat or sloped roof and may include a mixture including cultured stone or brick, architectural block, stucco, or other approved masonry product, architectural glass and metal on the building facade. The color scheme and mix of materials for the building shan be reviewed and approved by the Community Development Director or designee prior to issuance of any building permits, which approval shall not be unreasonably conditioned, or delayed. of the retail structure and theater must also building cornices, pilasters, false windows or light boxes, planters, benches, trellises, directional and inforn1ation kiosk, plaza pavers, and other features consistent with and plan 26, 2005 H).
Number of Required Parking Spaces for the Amendment area and throughout the Shopping Center PUD. The of parking spaces throughout the Shopping Center shall be 5 parking spaces for each 1, 000 sq. ft. of gross leasable space. The City Code allows for deductions for non- retail or non- productive areas. ( City Code Section 1018). The " amendment area" gross leasable area ( within Lot 3 and 4, Block 1) contains 123,708 sq. ft. of retail space and 58, 678 sq. ft. of theater - equivalent to 2, 500 theater seats.
8 Attachment A
196 530 598 5) 5 1
896, 150 s . ft. 4, 481
2500 seats 8"" J.J
5,314
1,151, 063 s . ft. 5, 755 5, 759
BODDS or ius 445
OVERALL DEVELOPMENT CONDITIONS:
9. 8 Mitigation of Impact on Adjacent Uses. mechanical, and energy system structures must top from on or within an interior mechanical room. For the purpose of this PUD screening shall consist of integral wall extensions of similar materials to the building wall materials or trim.
9. 9 Storage. Outdoor or exterior storage of any material, equipment, is prohibited for any duration including but not limited to: trucks and semi- trailers ( except while delivering goods, snowmobiles, pallets, debris, inoperable and/ or non- licensed vehicles. Temporary storage ( piling) of snow and snow melting equipment shall be permitted in accordance with the snow storage and management plan (Exhibit K). The installation of sheds or other accessory buildings is prohibited. Outdoor sales and merchandising and equipment for the sale is exempt from this requirement (requires seasonal sales and display permit).
9 Attachment A Attachment A
9.18 structure
9. 19 a
B).
10. 0 DEVELOPER DEFAULT:
1 1 of this the failure of to covenant, obligation or agreement of hereunder, and continuance such failure for a period ( 30) days after written notice thereof from a
notice is given, a request may be made for a to a occurrence DEVELOPER default and failure to cure, the City may withhold any certificate of occupancy improvements proposed to be constructed.
10.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel or parcels ofland within the subject property to a third party, and the conveyed parcels shall remain subject to all of the terms of this PUD specifically relating to said parcels. case, the agree as follows:
1. default by the DEVELOPER, or its successors in interest, performance of the obligations hereunder, will not constitute a default with to the conveyed not CITY to
to so as owner conveyed parcel otherwise complies with applicable provisions of this PUD AGREEMENT.
2. A default with regard to a conveyed parcel not constitute a default with regard to the parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained or other conveyed parcels otherwise comply with applicable provisions of this AGREEMENT.
11 Attachment A
2
11.3
11
11.5 to the
11.6 Due to the preliminary nature of many of the plans and the timing of the overall development, addenda to this AGREEMENT may be required to address concerns not specifically set forth herein.
11. 7 The DEVELOPER represents to the CITY that, to the best of its knowledge, the Planned Unit Development is not of "metropolitan significance" and that a state environmental impact statement is not required. However, if the CITY or another governmental entity or agency a or state impact statement or any other pennit, or approval is required, the DEVELOPER shall prepare or obtain it at its own expense.
11. 8 The DEVELOPER shall reimburse the CITY for the following expenses: outside consultants' time and reasonable city attorney' s fees that the CITY incurs in assisting in the preparation of any contracts, agreements or permits. The CITY shall supply an itemized cost of such expenses to the DEVELOPER for payment prior to issuance of building permits.
12 Attachment A Attachment A Attachment A Attachment A Attachment A
TRUNK HlGHWAY NO. 36 118
Center Fourth Adr:lition.
2~ Attachment A Attachment A Attachment A Attachment A
J. 3. 2 3. 3 3 3. 5 3. 6 5 3. 7
6
6 6 6 4. 5 Park and ...... 6 4. 6 Signage; Adve11ising...... Standard ...... 7 4. 8 Utilities...... 8 .. 4. 9 Entry Liens...... 8 4. 10 Casualty Dan1age ...... 8 11 Temporary Obstruction and ...... 9 12 4. 13 En1ergency Repair...... 9 14 1 0
ARTICLE V USE AND TEKM OF USE OF TRANSIT HUB 10
5. 1 ...... 1 0 5 .2 1 0 Term...... Termination...... 1 0
5. 4 ReI ocati on ...... 1 1 5. 5 Rein1bursen1ent ...... 11 5. 6 Non-exclusive ...... 11 5. 7 Use Regulations ...... 12 .... Attachment A Attachment A
States Hub Agreement ( Rosedale), dated July 23, 1991 an existing public hub and area at Shopping Roseville.
B. Date, City to assign its interest under the Original Agreement to Metro and Metro Transit to assume City' s obligations under
C. Metro Transit has assumed the functions of the Regional Transit Board of the to
Board of has a grant of funds to City for the purpose of generally connecting City to the regional transit by establishing a public transit hub at Rosedale ( Regional Transit Board of the State of Minnesota having executed a grant agreement dated July 23, 1991). Attachment A
I
II
3.1
as mean
i) the concrete waiting area ( the " Waiting Area") for rubber-tired public transit busses ( the " Busses") in the location shuwn on the site plan attached hereto as Exhibit A and hereby made a part hereby ( the " Site Plan"), including
2 Attachment A
near
the Park and to
on signs on the Park and Ride Bus Shelter similar to the lighted Area Bus Shelter.
Area, Bus
c) " Bus Shelters" as used herein shall mean and include the Waiting Area Bus Shelter and the Park and Ride Bus Shelter.
d) " Mall Entrance" is defined in Section 2. 1 hereof.
j Attachment A
or a
wear course, a course an 11 5
to
in all respects. or plans and Developer to approved the design, or plans and foregoing process shall be continued until or deemed approved It is
prevail.
Developer shall balance of Improvements to Metro Transit for Transit does not disapprove of the design, or by given to within 30 days after submission thereofto Metro Transit specifying the reasons for the disapproval, then they shall be deemed approved in all respects. If so disapproved by Metro Transit, Developer shall revise the design, or the plans and specifications, as the case may be,
4 Attachment A
responsible a) the roadway improvements necessary for Busses on the Bus are
3. 6
and for the construction of the new Transit Hub shall be managed and done by Developer. Metro Transit agrees to pay to Developer pursuant to Article of the attached Exhibit B. If Developer' s invoice is not paid in fun by Metro Transit within the thirty (30) day period specified in Exhibit B, then the unpaid portion of the invoice shan
5 Attachment A
cost or
day to snow cost or Developer. replacing repair damage, repair painting, replacing of the Shelters shall be done by Metro without cost or to or to any owner, lessee or occupant of Rosedale, Developer no obligation to such other maintenance or repair
realignment and reconstruction of shall be repaired and as or and cost or to Metro Transit, and Metro Transit shall have no obligation to do any maintenance, repair or reconstruction in connection therewith.
4. 5 Park and Ride Area. Subject to of paragraph 1 hereof~ shall do routine day to day maintenance of the Ride Area of picking up litter, snow and striping. other maintenance and repair and reconstruction of the Park and Ride Area also shall be done by Developer. All such maintenance and repair shall be done when and as determined necessary or desirable by Developer and without cost or charge to Metro Transit and Metro Transit shall have no obligation to do any
6 Attachment A
4. 7
as set out at as it provides similar maintenance services to are
in manner at Signage at all times consistent with and at
on so as to be maintenance and repair provisions of the Operating Agreement as defined in paragraph 5. 8 hereof; provided, however, that during times of maintenance, replacement orrepair, a neat not maintenance, replacement and repair shall done manner being worked on are kept as neat and clean as reasonably possible under circumstances.
c) Any replacements or reconstruction of the Transit Facilities shall be done using the same materials and design as originally used, and using equipment and engineering standards equal to, or better than, those originally used. If for any reason,
7 Attachment A
10
ll1surance
as Such insurance shall earthquake, sprinkler leakage and plate covenng trade s HVAC system, and the improvements installed in the Shelter Building by or Metro Transit, an amount not less than 80% cost thereof,
b) are damaged or destroyed by a casualty insured against under policy maintained pursuant to paragraph ( a) Section, then Developer may use the net insurance proceeds payable, due to, and allocable to, the damage or destruction of such Transit Facilities (except, however, the Bus Route) to repair and reconstruct the Transit Hub Improvements as provided below. Metro Transit
8 Attachment A
their
use occupants thereof and their respective customers, guests
4. 13 to notwithstanding, it is agreed that or maintenance to be done or Transit, is not done by the party obligated by this Agreement to do repair or maintenance, and in the reasonable opinion of any other of said Developer or Metro Transit, an emergency exists which requires that such repair and maintenance be done immediately, then such repair and maintenance may be done by any other of said Developer or Metro Transit, and the cost,
9 Attachment A
commence as
on
are
commencement the 20- year commencement
5. 3
Transit, notice thereof to Developer stating the date be not than 30 days
b) This Agreement may be terminated, at any time, by Developer, wTitten notice thereof to Metro Transit stating therein the date termination, which shan be not
Agreement is terminated due to to a or condemnation, 2. 1 that portion of Bus shall not be subject to termination during the Term; and ( b) the " Transit Hub," which shan be deemed to include the Waiting Area, the Waiting Area Bus Shelter, the Lighting, the signs related to
10 Attachment A
IS owners, lessees and Rosedale, and customers, and use Transit Facilities for any purposes similar or dissimilar to the uses allowed by this Agreement; provided that such similar or dissimilar uses shall be subject to the prior and superior rights granted by this Agreement, including specifically, but without limitation, the rights granted by paragraphs 5. 1 and Article VI hereof.
11 Attachment A
or
are
advertising not so upon Developer to Metro
no the Waiting Area for time durations in excess of the time needed to load and unload passengers and to or schedule the route
5. 8 Operating Agreement. Anything herein to the contrary notwithstanding, it is agreed use to shall be subject to the terms, conditions and provisions of the Restatement of Operating Agreement dated July 1976 and filed in the office of Registrar Ramsey County, Minnesota, as Document No. 622318, and filed the office of the County Recorder, Ramsey County, Minnesota, as Document No. 1931872, as the same is now or hereafter amended ( said Restatement of Operating Agreement, as now or hereafter amended, is herein called the Operating Agreement"). If there at any time is any conflict between the provisions of this Agreement, and the provisions of the Operating Agreement, the provisions of the Operating
12 Attachment A
hereto.
are needed for customers of Rosedale tenants during all or any part of any holiday as defined by Minnesota Statutes, or from to and including December 31 any year. on Rosedale 4. 5 to as to the relocated Park and Ride If relocated off ofthe Rosedale property, then Metro Transit, and not Developer, shall perform the maintenance, repair and reconstruction duties set out in Section 4. 5 hereof as to the relocated Park and Ride Area. Reference herein to Park and Ride Area shall mean the area to which it is relocated so long as such relocation continues.
13 Attachment A
6.10
costs Metro Transit after the Effective Date for operating such shuttle, but only as to such costs which meet all of the following conditions: ( i) they must be for operation during weekdays only, they must be shuttles Park and Ride relocated off of
14 Attachment A Attachment A
owners are
or
not
466, and shall only Council's negligence.
8. 3
or
Facilities are obligations, case be, all costs incurred doing such work or fulfilling such obligations, including reasonable attorneys' fees, in excess of the cost which is to be paid by Metro Transit as provided in Articles III and IV hereof with interest on such excess cost
16 Attachment A Attachment A
to
To Metropolitan 560 Sixth Avenue North Minneapolis, MN 55411- 4398 Attention:
18 Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A
1.2
re
t AreaFl) and attached sketch, as the exist transit center.
II. DEVELOPMENT OF DESIGN AND CONSTRUCTION DOCUMENTS
2. 1 Des and Construction Documents. The architect selected OPF RTL Rosedale Center, LLC (" RosedaleFl) for the Rosedale ect prepare the " Design Documents" and Final Construction Documents" for the Transit Center ect. The Des Documents" and " Final Construction Documents" for
Shelter Bui sha be a s contract between such architect and the litan Counci ( the
Council"). Rosedale will or cause to be submitted to the Council and the Counci will review and approve the Design Documents and the Final Constructi Documents, all ans, specifications and proposed construction schedule for the Transi Center ect.
2. 2 Provisions. Rosedale 11 include in the Final Construction Documents for the She ter Bui the foIl liabili sions:
that the Contractor will fend, indemni and save harmless the , its members, of cers, agents and s from al claims, suits, demands,
Sf costs, interest, expenses inc , without limitat , reas ' s fees, witness fees and disbursements incurred in the
defense thereof arlS of or reason of the performance of this , caused in whole or in part by any act or omission of the Contractor, acts or omissions of its oyees, subcontractors, or for anyone whose acts any of them Attachment A
III. ADVERTISEMENT AND AWARD
Rosedale' s ractor for the ect 11 be the const manager for the Shelter Rosedale shall cause its contractor advertise for bids fo the construction Shelter Bui , receive open bids to said advertisement, and Rosedale shall enter into a cont the owest responsive responsible bidder at the unit ces fied in the bid of such bidder in accordance with the and such successful bidder sha 1 construct the Shelter Bui in accordance the Final Constructi Documents.
the , immediate rece and Rosedale for construction of the Shelter
will tabulate the bids and submit a recommendation for selection of a bidder and award of contract to the Counci. Council shall have seven ( 7 to review the bids and approve the bidder.
Rosedale' s general contra shal construct the balance of the Transit Center ect contract between Rosedale such genera
IV. NOTICE OF COMMENCEMENT
Not less than seven 7) days prior to commencement of the Transit Center Project Rosedale, Rosedale wil give written notice to the Counci of its intention to co~mence construction,
said notice to be directed as follows:
Tom Thorstenson Engineer and Facilities Metro Transit 560 Avenue North Minneapolis, MN 55411
2 Attachment A
r, the this Exhibit B.
5 . 2 Rosedale Rosedale prepare Final weekly progress as Construction A s rurnished to the Counci coordinate such schedule ded progress s ror in this Exhibit
5 . 3 Review of Rosedale shall t, the 1 shal tted
Rosedale' s contractor for the The Council will its review COIlli'11ents in written rorm to od Rosedale' s authorized representative or time. Howeve , the responsibi ance and the Final Construction accuracy or , re ative to Documents the Council ror the Transit Center ect 11 seda e.
5. 4 Council of periodicall the Counci if the Rosedale with reasonable prior notice thereof; the Counci have no ~ for the the work. The Council wi Rosedale with a written inspection thi or each such ct
5. 5 Corrections to Transit Center seda e
11 make correct ons to the Trans Center ect noted in the
Council' s ion reports to the extent said corrections are within the scope or the approved Final Construction Documents or Council. any s thereto authorized the
VI. CHANGES/ AMENDMENT TO TRANSIT CENTER PROJECT
3 Attachment A
6. 2 Amendments Council. re
Rosedale to ke non- material scope of the Transit Center e construct such red modificat however, that the entire cost of such shal be borne the Counci , to de iated the critical the Rosedale ect shal be deemed materia . the
In no event may the Counci of the transi bui , alter the bus route, the of area, or any other elements of the Transit Center the site attached as Exhibit A to the Amended Restated Transit Hub ( Rosedale), to which this Exhibit B is attached.
VII. COMPLETION/ ACCEPTANCE
7. 1 Notice of Completion and Acceptance. Rosedale form the in f the i of the
Transit Center ect. a reasonable ime thereafter the 1 Rosedale t ther the Trans t
Center ect as constructed is e to the Counci or that the Transit Center ect is not e to the Council.
7. 2 Unacceptable Work. In the event said work is not acceptable to the Council, the Council will further inform Rosedale of the specific reasons for and what steps in the of the Council must Rosedale to ke the Transit Center ect
7. 3 Final Acceptance. The final decision on acceptability of the Transit Center Project will be made the Council. The Council will not unreasonably withhold acceptance of the Transit Center ect. Acceptance of the Transit Center Project by the Council shall be final, and conclusive
4 Attachment A
For the to use Rosedale s land and for the to to make use the Transit Center f the Council agrees the
8. 1 Construction Cost. The shal Roseda e for all reasonable, actual, allocable expenses for the construction of the Trans Center Part es agree that the r' s Estimate is an es imate of the construction cost the Transit Center ect that the unit ces set forth in the ract the successful r the final
ities as measured Rosedale shall govern in final ract construct cost.
8. 2 Total Cost. It s estimated that the Council' s Total Cost" of the Transit Center Pro ect 1 be $ 56 , 000. 0,
compr sed 0 25, 0 . 00 the architectural work related to the ect ( des
yo of the She ter Bui the Counci is a contract, $ 250, 000. 00 for the Shelter Bui and 285, 000. 00 for the incremental costs for construct the Bus it Area and the Bus
8. 3
Bus Route and Bus Area of the Transit Center ect and final of the Counci , Rosedale shall submit Rosedale' s final actual costs for the s ion f the Transit Center ect the Counci' s final share in the
s of the construction contract for the ect.
B) Shelter of t of the Shelter Bui , the Council sha 1 pay Rosedale Five 25) of the estimated cost of the construction of the Shelter completion of the Transit Center Project and final acceptance of the project the Council, Rosedale shall submit Rosedale' s final actual costs for the Shelter Bui ion of the Transit Center Project.
5 Attachment A
IX
9 of Facilities.
tructi Trans of s k the 1 all
9. 2 Warranties and Guarantees. constructi of Transit Center of sa work the Council pursuant to s Exhibit al warranties and s the construction ractors and subcontractors associated with the ect, become the of Rosedale.
9. 3 Record Drawings. of the construction of the Transit Center ect of said work the Council pursuant to this Exhibit B, Rosedale de to the Counc 1 a set of record of the Transit Center ect.
X. PERMITS
Rosedale 11 obtain and wi 1 ial bear all costs for obta all permits specifically necessary for the Transit Center ect, costs will be invoiced to the Counci for reimbursement.
XL PRACTICES
11. 1 Retention and Access to Records. In accordance with
Minnesota Statutes, section 16C. 05, subdivision 5, Rosedale' s books, records, documents, and account sand practices relevant to this Exhibit Bare ect to examination the Council the State Auditor or islative Auditor, as appropriate, for a of six years from the end of this Exhibit B.
11. 2 Data Practices. All data collected, created,
received, maintained or disseminated for any purpose by the activities of Rosedale and the Council pursuant to this Exhibit G shall be governed Minnesota Statutes, Chapter 13, as amended, and the Minnesota Rules implement such Act now in force or hereafter adopted.
6 Attachment A
XIII. INDEPENDENT CONTRACTORS
13.
a the performance rein be
s of Roseda e, that or mi arise under the kers' the Minnesota
Secur Ie so
and any s as a consequence of oyees Ie so to be rendered herein, sha 1 in responsibili of Rosedale.
13. 2 Rosedale of Rosedale and all other persons performance of any k or services for here be performed Rosedale shal not be considered s of the Council, and that any and all claims that arise under the Workers ation l\ct or the Economic Se If of said and
any consequence 0 of the of said oyees Ie so on any the work or services to be rendered herein, sha 1 clay be the ion or responsibi i of the Attachment A
L
commercial
occurrence and a general aggregate separately to this 1. 1. 1. CGL insurance shall be written on ISO occurrence form 01 ( or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury, advertising injury, contractual liability, and Explosion, Collapse, Underground ( XCU).
1. 1. 2. The Metropolitan Council, its Architect/Engineer, its officers, agents and employees shall be included as an additional insured under the and under the umbrella, if any. insurance shall be primary non- contributory with respect to any other insurance or self-insurance programs afforded to Metropolitan Council. There shall be no endorsement or modification of the CGL to make it excess over other available insurance. This insurance shall also provide completed operations coverage.
2. Automobile and Umbrella Liability Insurance 2. 1. Contractor shall maintain automobile liability and, if necessary, commercial umbrella liability insurance, with a limit of not less than 2, 000, 000 each accident. 2. 1. 1. Policy shall provide coverage for, without limitation, physical damage comprehensive and collision), Liability, PIP, and UM/UIM that may arise out of the operation or maintenance of Any vehicle ( including owned, hired, and non- owned).
3. Workers' Compensation and Employers Liability 3 . 1. Workers' Compensation pursuant to Statute 3. 2. Employers Liability with limits not less than $ 1, 000,000 each accident for bodily injury by accident, $ 1, 000,000 each employee for bodily injury by disease, 1, 000,000 policy limit for bodily injury by disease.
4. Property Insurance Attachment A
an
Council finds it necessary to to
5. Pollution Legal Liability 5. 1. Contractor shall maintain this coverage with limits not less than $ 1, 000, 000 each occunence and $ 2, 000,000 annual aggregate. Coverage shall include bodily injury, property damage, clean-up costs, products and/ or completed operations, and contractual liability.
6. Other Insurance Provisions
6. 1. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or non- renewed, except after thirty days' written notice, has been given to the Council at the following address: Metropolitan Council Attn: Risk Management 230 East 5th Street Saint Paul, MN 55101
6. 2. In addition to notifying its insurer( s) in accordance with the policy, Contractor shall provide prompt written notice (to the address above) as soon as reasonably possible of any accident or loss relating to work performed on behalf of the Metropolitan Council. 6. 3. Contractor, and its through endorsement, shall waive all rights of subrogation against the Council, its members, agents and employees, for losses arising out of the performance of this contract.
6.4. Insurance is to be placed with insurers with Best's rating of no less than A:VII.
6. 5. The Contractor shall furnish the Council with certificates of insurance and with copies of endorsements evidencing coverage required by this miicle. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Council before work Attachment A Attachment A
Park and Ride Area - 375 cars maximum
Bus Waiting
Existing Park and Ride Shelter
Rosedale Center JONES LANG I)LASALLE. 10 Rosedale Center 3424 Peachtree Road, N.E. Roseville, Minnesota 55113 Suite 300 Atlanta, Georgia 30326
Revision Date II Site Plan - Exhibit A II 8/ 1/ 06 Attachment A
Park and Ride Area - 375 cars maximum
Bus Waiting Area
Existing Park and Ride Shelter
Rosedale Center JONES LANG I)LASALLE. 10 Rosedale Center 3424 Peachtree Road, NE RoseviIIe, Minnesota 55113 Suite 300 Atlanta, Georgia 30326
Revision Date II Site Plan - Exhibit A II 8/ 1/ 06 Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A
Sent:
To: Thomas Paschke
RE: Q
Thomas:
In response to your please be advised that as we further our leases with our tenant certain issues do come to store branding and Identification. Our planned architecture when it was presented to you in 2005 was and definitely undeveloped, As we have progressed with our plans as well as leased the center to we have and refined the center architectural components of the design, Our architect's design intent (theming, if you was to create an historic small town downtown with an emphasis on pedestrian scale. Additionally, lifestyle center architecture derives its " flavor" from the actual store designs that in turn further enhance the overall scale and effect. Thus when a tenant like Granite discusses and proposes to utilize its " prototypical" design as part of our development, we have them work with our architect to modify and amend accordingly such as to fit with our program. And, in effect, their design has more detail in terms of its storefront than our intended ( and approved) design, To that we are grateful. You are correct to notice that the tower element at the end has been reduced in height. However, when you review their design, this was not the correct scale. What they have presented does have the proper scale and proportions for their restaurant.
Moreover, in the draft PUD, Section 9. 5 and 9.6 does indeed take into account deviation from the submitted plans, that is ".., the complex must be architecturally designed to have the scale and massing of structures consistent with the existing center and the approved Final Development Plan to break up the exterior masses, and must indude architectural features, such as windows, pop- out panels, lighting, changes in wall texture and color, and/ or other variety, on all exterior walls of the building additions...". exterior building materials shall indude flat or sloped roof and may indude a mixture including cultures stone or brick, architectural block, stucco, or other approved masonry product, architectural glass, and metal on the building facade...". Furthermore ".., the color scheme and mix of materials for the buildings shall be reviewed and approved by the Community Development Director or We are in keeping with the intent of the PUD agreement and as we have proceeded since designee...". May, 2005 our development designed has become more refined and embodies better details than what was originally presented. In fact, as we have gone through our cost projections (over-runs), the area I have not cut back on is the architect's exterior design elements, For it would be foolish to cheapen the product (presentation) that is our first and foremost device to gain the attention and acceptance of our customers. And finally as an individual tenant, Granite City, is a departure from the PUD plans but when reviewed in context with the overall development, its details of brick piers/cornices awnings and roof line as well as the fenestration pattern better defines our original architectural objective for the overall project.
I would truly hope that you understand our proposed modification for this tenant. Thank you,
John
PS Please feel free to go out to the site and have my project manager, Allan Anderson, give you a tour of our progress as well as review the mock up panels that are in place for this project. And if you do, please remember that we are utilizing 5 ( or is it 6?) different bricks and a corresponding number of stucco materials and textures, shapes and profiles, as well as choices of metals and glass in order to further breakdown the scale of our development along the sidewalks and plaza.
From: Thomas Paschke [ mailto: thomas. paschke@cLroseville. mn. us] Sent: Tuesday, April 18, 2006 5: 57 PM To: Schupp, John ( US) Subject: Q
John;
Granite City submitted their plans for tenant improvement the other day - in my review of the plans I note that the elevation does not appear to be consistent with the approved PUD or shell permit
04/19/ 2006 Attachment A Attachment A Attachment A
cost.
measures
3. Development Plans. The Amended PUD improvements shan be undertaken in accordance with the following plans. plans shan not be attached to this Contract. Vith the exception of Plan A, the plans may be prepared, subject to CITY approval, after
Page 2 of9 Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment A Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment C
JAY R. LINDGREN Partner (612) 492-6875 FAX (952) 516-5636 [email protected]
July 29, 2020
VIA ELECTRONIC MAIL
Thomas Paschke City Planner City of Roseville 2660 Civic Center Drive Roseville, MN 55113 [email protected]
Re: Requested Cancellation of Rosedale Shopping Center Planned Unit Development Agreement #3608, as amended by Planned Unit Development Agreement PUD #15-019 (collectively, the “PUD Agreement”)
Dear Mr. Paschke:
This letter is written (to supplement the undersigned’s letter dated December 4, 2019 to include, specifically, the inclusion of Planned Unit Development Agreement #15-09 within the request for cancellation) on behalf of PPF RTL Rosedale Shopping Center, LLC, by its attorney and agent Dorsey & Whitney LLP, to request cancellation of the PUD Agreement in accordance with Roseville Ordinance No. 1023.11. We conclude that the City Council can make findings under the ordinance that the PUD Agreement is no longer required because:
1. Current zoning for Rosedale Center has been updated since the PUD Agreement was entered into and the current zoning allows improvements and redevelopment to Rosedale in an orderly manner consistent with the City’s Comprehensive Plan;
2. The PUD Agreement currently covers only a portion of the Rosedale Center property which, in turn, means that portions of Rosedale Center are essentially zoned differently than other portions because the overlay district only applies to a portion of the site; and
3. As redevelopment occurs at Rosedale Center consistent with current City zoning, additional amendments of the PUD Agreement may also be required which adds an unnecessary and additional step to the approval process.
For these reasons, we request that the City Council adopt an ordinance providing for the cancellation of the PUD Agreement.
50 South Sixth Street | Suite 1500 | Minneapolis, MN | 55402-1498 | T 612.340.2600 | F 612.340.2868 | dorsey.com 4813-2544-1454\1 Attachment C
July 29, 2020 Page 2
Very truly yours,
DORSEY & WHITNEY LLP
Jay R. Lindgren Partner
JRL:mr
Cc: Gar Herring Lisa Crain Donn Fuller
4813-2544-1454\1 Attachment D ORDINANCE NO. ____
AN ORDINANCE CANCELLING TWO PLANNED UNIT DEVELOPMENT AGREEMENTS REGULATING DEVELOPMENT AT ROSEDALE CENTER
The City Council of the City of Roseville does ordain:
Section 1. PUD Cancellation Findings. Pursuant to §1023.11 (PUD Cancellation) of the City Zoning Code of the City of Roseville, and after the City Council consideration of PF20- 018, the City Council finds the following regarding Planned Unit Development Agreements #3608 and #15-019 established at Rosedale Center: • Current zoning for Rosedale Center has been updated since PUD #3608 and PUD#15- 018 were established and the current zoning allows improvements and redevelopment to Rosedale in an orderly manner consistent with the City's Comprehensive Plan. • PUD #3608 and PUD #15-018 currently cover only a portion of the Rosedale Center property which, in turn, means that portions of Rosedale Center are essentially zoned differently than other portions because the overlay district only applies to a portion of the site. • As redevelopment occurs at Rosedale Center consistent with current City zoning, amendment of PUD #3608 and/or #15-018 is or may also be required which adds an unnecessary and additional step to the approval process. • Any proposed expansion plans at Rosedale Center will have to comply with the current underlying Regional Business zoning designation, Core Mixed-Use zoning designation (if applicable), apply for a new Planned Unit Development in accordance with City Code Section 1023.10, or apply for variances to underlying zoning regulations should the applicant identify a practical difficulty preventing compliance with certain underlying zoning regulations.
Section 2. PUD Cancellation. The Roseville City Council does hereby ordain that the PUD established on May 9, 2005 (#3608) and November 16, 2015 (#15-018) for Rosedale Center is hereby cancelled subject to the following condition:
1. Applicant acknowledges the current Transit Hub Agreement will remain in full force and effect unless all parties agree to a new and/or amended Transit Hub Agreement.
Section 3. Effective Date. This Planned Unit Development Cancellation ordinance shall take effect upon: 1. The passage and publication of this ordinance.
Passed this 24th day of August 2020.