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��i � � REQUEST FOR COUNCIL ACTION Department Approval: Approval: �� � ¢� DATE: 04/12/2010 ITEM NO: 12. c City Manager . Item Description: Approve Development Activity Extension for Rainbow Foods 1.0 REVIEW OF REQUEST 1.1 On April 14, 2008, the Roseville City Council approved Roundy's request for a Planned :� Unit Development for the reconstruction and redevelopment of the Rainbow Foods at 1201 Larpenteur Avenue. 1.2 The condition stated in section 6.1 of the Planned Unit Development reads as follows: 6 The DEVELOPER shall commence and undertake site and structure development 7 activities in accordance with the attached plans and maps as identified in Section 4 of 8 this AGREEMENT and the terms and conditions identified in Section 8 and 9 of this 9 AGREEMENT. Failure to commence an anticipated activity within 24 months after the ' City makes a decision regarding a storm water management project related to the property shall constitute a breach and be deemed a violation of this AGREEMENT. , 1.3 Per the stipulation above, the decision date for any storm water management project has � 3 been determine to be the building permit issuance date or May 12, 2008, since the � a Public Works Department decided not to pursue additional storm water management on the Roundy's site separately or in cooperation with Roundy's (see attached permit). 1.4 Since the approval of the project and subsequent completion of the Rainbow Foods �, store and the open-air structure in the southwest corner of the suite referred to as the � 8 "farmers market", Roundy's has been seeking an appropriate tenant for the vacant � 9 outlot area. However, that commercial rental and construction market conditions have 2� made it difficult and Roundy's is seeking an extension to the 61 (clause See attached letter and leasing information). 1.5 In review of the options available, it was determined, through the assistance of the City 23 Attorney, to process the Roundy's extension request to City Council in support of an 24 extension to the structure development activities clause contained in section 6.1 of the 25 PUD Agreement. 2s 1.6 The Planning Division recignizes that the commercial leasing market has been difficult 2� for nearly two years, let alone the challenges of finding a tenant willing the construct a 28 new facility. Given these circumstances and the efforts by Roundy's to find a tenant for 29 the second outlot area (southeast corner of the site), the Planning Division recommends extending the requirement for commencement of any/all structure development Page 1 of 2