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HomeMy WebLinkAboutItem 08• • • • • ☐☐ 194812v1 1 • 194813v1 (reserved for recording information) AMENDMENT TO DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) TIMBERCREST AT LAKEVILLE AGREEMENT dated ______________, 2017, (“Amendment”) by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and TARGET CORPORATION, a Minnesota corporation (the “Developer”). RECITALS A. Developer is the fee owner of Lot 1, Block 1, Timbercrest at Lakeville, Dakota County, Minnesota according to the recorded plat thereof (“Property”); B. The City and Developer’s predecessor in interest, Avalon – Timbercrest I, LLC, a Minnesota limited liability company, have previously entered into that certain Development Contract and Planned Unit Development Agreement for TIMBERCREST AT LAKEVILLE dated October 15, 2001 ("Development Contract/PUD") recorded on December 31, 2001, as Dakota County Torrens Document No.455997 and on December 31, 2001 as Dakota County Abstract Document No. 1845802. 194813v1 C. The Developer and the City desire to amend the Development Contract/PUD to modify the design and architectural guidelines for the Property. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. AMENDMENT TO PARAGRAPH 7. Paragraph 7 of the Development Contract/PUD is amended to add the following: • Addendum to the Timbercrest at Lakeville Design Guidelines and Architectural Standards for Lot 1, Block 1, Timbercrest at Lakeville, dated October 27, 2017 (amending Plan I). 2. AM ENDMENT TO PARAGRAPH 8. Paragraph 8 of the Development Contract/PUD is amended to add the following plan: • Addendum to the Timbercrest at Lakeville Design Guidelines and Architectural Standards for Lot 1, Block 1, Timbercrest at Lakeville, dated October 27, 2017 (amending Plan I). 3. AMENDMENT TO PARAGRAPH 35. Paragraph 35 of the Development Contract/PUD is amended to add a new subparagraph v to read as follows: v. Should the simulated wood panels and brackets allowed as an exterior wall treatment for the Property be removed in the future, Developer is required to repair any damage to the masonry or install a different exterior material over the existing masonry. 4. DEVELOPMENT CONTRACT/PUD. The Development Contract/PUD shall remain in full force and effect except as specifically modified by this Amendment. [The remainder of this page has been intentionally left blank. Signature pages follow.] 194813v1 CITY OF LAKEVILLE BY: _____________________________________ Douglas P. Anderson, Mayor (SEAL) AND:____________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2017, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _______________________________________ NOTARY PUBLIC TIMBERCREST AT LAKEVILLE DESIGN STANDARDS THE AVALON REAL ESTATE GROUP, LLC ADDENDUM Dated October 27, 2017 The TimberCrest at Lakeville Design Standards are hereby modified to include the following change: BUILDING MATERIALS Standards • For Lot 1, Block 1, TIMBERCREST AT LAKEVILLE, simulated wood panels are permitted as an exterior wall treatment. 7. Timbercrest at Lakeville Chair Swenson opened the public hearing to consider the application of Kimley -Horn and Associates for a Planned Unit Development Amendment for Timbercrest at Lakeville to amend the design guidelines for exterior materials for SuperTarget, located at 18275 Kenrick Avenue. Leila Bunge from Kimley-Horn and Jay Richardson (Architect from RSP) were in attendance at tonight’s meeting representing the Target Corporation. Ms. Bunge presented a brief overview of their request. Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated that Kimley-Horn and Associates, on behalf of Target Corporation, is requesting an amendment to the TimberCrest at Lakeville Planned Unit Development to include a simulated wood siding as a permitted exterior wall treatment specifically for the SuperTarget building. Ms. Jenson indicated that Target is proposing to update the exterior appearance of many of their stores by using the proposed wood panels, which the architect brought to tonight’s meeting. This product was not available when the original PUD was approved. Ms. Jenson reviewed the standards adopted as part of the TimberCrest PUD Design Standards and explained that the current building was constructed entirely of masonry materials. She stated that the proposed wood panels would be installed over the masonry materials. She explained how this is done and that if the panels and brackets are removed in the future, repair to the masonry would need to be completed or a different exterior material would need to be installed over the existing masonry. Ms. Jenson stated that staff recommends approval of the PUD amendment subject to the one stipulation listed in the October 13, 2017 planning report. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Drotning to close the public hearing at 6:25 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Commissioner Kelvie asked how long this product had been available and if it is currently being used on any other Target stores. Mr. Richardson was not sure how long this particular brand of the product has been used. He indicated that it is extremely durable. They are planning to use it on about 200 Target store remodels. Mr. Richardson explained how the product is made, how the fasteners connect to the masonry, and that the colorfast is good for ten years Planning Commission Meeting Minutes, October 19, 2017 Page 2 with very slight fading after that. This product is expected to last for an extended period of time. • Commissioner Drotning stated that 16 years ago when the Target store was first approved, this product was not available. It is nice to see a new product available and he hoped that it would hold up better than the mason ry. Motion was made by Drotning, seconded by Kelvie to recommend to City Council approval of the Planned Unit Development Amendment to the architectural standards for TimberCrest at Lakeville to allow simulated wood panels as exterior wall treatment for Lot 1, Block 1, TimberCrest at Lakeville, subject to the following stipulation: 1. Should the panels and brackets be removed in the future, repair to the masonry would need to be completed or a different exterior material would need to be installed over the existing masonry. Ayes: Lillehei, Swenson, Bakewicz, Witte, Drotning, Kelvie, Einck Nays: 0 There being no further business, the meeting was adjourned at 6:34 p.m. The Planning Commission immediately went into their work session. Respectfully submitted, Penny Brevig, Recording Secretary 2 • • • • • • • • • 3 Dakota County GIS ± 185TH ST (CSAH 60)I-35KENRICKAVEKENYONAVEORCH A R D T RL SuperTarget Timbercrest of Lakeville PUD Amendment City of Lakeville Aerial Map EXHIBIT A IL TIMBERCREST AT LAKL . _LLE DESIGN STANDARDS THE AVALON REAL ESTATE GROUP, LLC ARCHITECTURAL STANDARDS BUILDING ORIENTATION Policy Require that buildings be orientated to the street activity as well as the activitv in the parking lot where possible. Grouping of buildings to help define usable outdoor space. Taller buildings should be used in ways to provide emphasis at intersection, or to highlight a terminal view. The orientation of buildings around central wetland should take advantage of available view sheds of natural areas. BUILDING DESIGN BUILDING MASS Policy Varying scale of buildings should be encouraged. Varying roof line to create interest in design styles encouraged. Standards Large areas of blank wall surface facing the street front is discouraged. Continuous stretch of a single fagade discouraged unless the block has a singular use. FA(ADE DESIGN Policy Monotony of design in single or multiple building projects shall be avoided. Architectural character will be consistent with existing content. Standards Exterior fagade treatment shall be designed in a manner that creates interest to the pedestrian. Brick treatment will be incorporated into facade design, so as to be compatible with existing architectural context. 1 TIMBERCREST AT LAKEVILLE DESIGN STANDARDS THE AVALON REAL ESTATE GROUP, LLC BUILDING MATERIALS Policy Materials shall be selected for suitability to the type of buildings and the design in which they are used. Building walls should be finished in aesthetically acceptable tones and colors, complement the tones and colors of neighboring buildings. Materials shall be durable quality. Standards Exterior wall treatments like brick, natural stone, terra cotta and decorative concrete block, stucco and architectural metal panels shall be used. Other similar materials may be acceptable upon approval of the city. Masonry materials shall be integral color. All wood treatment shall be painted and weather proofed. When materials on the lower level are different than on upper levels, integrate the upper and lower design with color and similar form. A minimum of 25 percent of the fagade shall be treated with the finished masonry building material. For the purpose of this requirement, the area of the building fagade shall not include area devoted to windows, doors or roof areas. Earth tone colors of exterior materials compatible and complementary to adjacent buildings shall be encouraged. Blank single masonry walls must consist of 25% of decorative masonry variation in color, texture or surface. DOORS AND WINDOWS Policy Visible entry from the street or marked, paved or well lit pathway encouraged. Window frame, material and color to complement architectural style. Window openings may be modulated to scale and proportion complementary to the architectural style. Vertically proportioned windows should be encouraged. Decorative lintels and opening heads encouraged. Standards Open porches, covered walkways, and canopy projection shall meet all City standards. Canopies and awnings shall be made of materials which meet approval of the city. A minimum of eight feet clear space shall be provided from sidewalk elevation to the lowest point of a canopy and/or suspended sign. Combination of glass and masonry will be encouraged along street fronts. Window frames shall be constructed of metal. Window sill at base fagade shall be minimum of 1 '/2 feet above interior slab level. 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