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Home My WebLink About08-03-11-PCChair Clayton Larson Commissioners Andrew Holewa Samuel Scott Roberta Thompson Clayton Zimmerman Angela Haynes AIWNHILLS Arden Hills Planning Commission August 3, 2011 1245 W. Highway 96 Arden Hills, MN 55112 651.7921800 www.ci.arden- hills.mn.us City Vision A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play_ Agenda Regular Planning Commission Convenes 6:30 PM Calf to Order - Role Call 1. APPROVAL OF THE AGENDA . MINUTES A. July 6, 2011, regular meeting . PLANNING CASES A. Planning Case 11 -010; Preliminary and Final Plat, and Final PUD Amendment; Arden Plaza, LLC; 3585 Lexington Avenue - Public Hearing . UNFINISHED AND NEW BUSINESS . REPORTS A. Report from the City Council B_ Planning Commission Comments ADJOURNMENT A quorum of the City Council may be present at this meeting. Planning Cases are available online at: http://www.ci.arden-hills.rnmusiplanningcases �;��j�,!Ga'i!■lI:��S OM � �. � „� „" ■■/1111►� �i!!!!►� -> s � G�{tai :„;, :�;� ■1►�lllllf[ �,i• i�lllf %ROME NS I ::��liii•.��I�,ii � ■■■■■■.■■ii X11 t■ 111 �ii�iia��',, �•: ��a. s��Ql111113 � !111111/iililil� � �� r• I ■� _�i��Y`� • 11111/1111111!� 4 � �!�■ ��T t:�` '� .1/111111■!!� �,? ;r �, � �s� ■a��a1�= ://11111111111 �� \�` � !�f`►j>I X11111111111111- - � �� ,::u a ��►� Iliillllllitl/ 1111 ■�— � � —r .nxx■■■ ! nm ��{{!! � �' �'� � � � �� ■� � %illy!�� ►� • 11�l�= ��;��R �` �; ail. inn■■■■ MI . • • �i ■■ i ` man ■t I��1111111111111�nuum OEM Ell ��i■u Imu� ■ �� (�I � Ron �nlun/�NII Illilllllllll� :� �"�� wnnn1111l11111111111111!!I►� �� + �,� � �'=i i �111l1u!l111 Illilllillllllll_ ��_�� fll � �'e�9; 1 � -A EN HILLS Approved: CITY OF ARDEN HILLS,MINNESOTA PLANNING COMMISSION WEDNESDAY,JULY 6, 2011 6:30 P.M. -ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof. Chair Clayton Larson called to order the regular Planning Commission meeting at 6:31 p.m. ROLL CALL Present were: Chair Clayton Larson, Commissioners Roberta Thompson, Andy Holewa, and Samuel Scott. Absent: Commissioners Clayton Zimmerman and Angela Hames. • Also present were: City Planner Meagan Beekman; Councilmember Fran Holmes; Community Development Director Jill Hutmacher; Community Development Intern Mei- Ling Anderson; and Recording Secretary Tina Borg. APPROVAL OF AGENDA —JULY 6,2011 The Agenda was approved as presented. APPROVAL OF MINUTES A. June 8, 2011 —Planning Commission Regular Meeting Commissioner Holewa moved, seconded by Commissioner Thompson, to approve the June 8, 2011, Planning Commission Regular Meetinp, as presented. The motion carried unanimously (4-0). PLANNING CASES A. Planning Case 11-014; Variance; Bryan Lillehaugen; 1145 Amble Drive — Not a Public Hearing • City Planner Meagan Beekman stated the applicant has requested a variance to construct a 408 square foot addition in the rear and side yard of the home located at 1145 Amble ARDEN HILLS PLANNING COMMISSION — July 6, 2011 2 3.14. Planning Case 11-014; Variance; Bryan Lillehaugen; 1145 Amble Drive — Not a Public Hearing (continued) Drive. The structure would encroach ten feet in the required side yard setback of 40-feet. She provided additional background information. City Planner Beekman stated Staff offers the following findings of fact for this proposal: General Findings: I. The lot size meets the requirements of the R-1 District. 2. The lot meets the width and dept requirements for the R-I District. 3. The property is a corner lot. 4. The applicant is proposing a 408 square foot addition to the rear of the home, which would encroach I 0-feet into the 40-foot required side yard setback for corner lots. 5. The proposed addition meets all other zoning and setback requirements for principal structures in the R-1 "Zoning District. 6. The proposed addition is outside of the 100-year flood plain, wetlands, and easements. 7. Tree removal for the proposed garage would not require any mitigation under the Tree Preservation Ordinance. Variance Findings: 8. The variance would be in harmony with the purpose and intent of the City's ordinance because the request minimizes the impact of the addition by maintaining the homes existing setbacks. 9. The variance would be consistent with the City's Comprehensive Plan because it meets the City's housing goal of encouraging redevelopment that is complimentary to and enhances the character of the City's established neighborhoods. 10. The variance request would put the property to use in the R-1 District, and the addition would maintain the homes existing setbacks. IL. The property is unique in the City because it is a corner lot, and the home was conforming when it was constructed. The practical difficulty was not created by the landowner, but rather by the City when the Zoning Code was amended to require a 40-foot setback on corner lots. Had the City not amended the Zoning Code, the proposal would not require a variance. 12. The proposal will not alter the essential character of the neighborhood because it is a small addition, which would maintain the existing home's setbacks. 13. The construction and location of the garage is not based on economic considerations alone, because the homeowner has increased their expense in order to minimize the size of the addition that requires a variance, and enlarge another portion of the home that hoes not require a variance. City Planner Beekman stated the findings of fact for this variance support a recommendation for approval. If the Planning Commission recommends approval of the variance, Staff recommends the following five conditions: 1. The project shall be completed in accordance with the submitted plans as amended by • the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. ARDEN HILLS PLANNING COMMISSION—July 6, 2011 3 3.A. Planning Case 11-014; Variance; Bryan Lillehaugen; 1145 Amble Drive — Not a Public Hearing (continued) 2. The applicant shall use best management practices (BMPs) to control erosion at all times during construction. 3. The structure shall conform to all other regulations in the City Code. 4. The addition shall match the color and architectural styling of the rest of the primary structure. 5. The applicant shall obtain approval or a waiver from the Rice Creek Watershed District prior to the issuance of any building permits. Chair Larson opened the floor to Commissioner comments. Commissioner Holewa moved and Commissioner Thompson seconded a motion to recommend approval of Planning Case 11-014 for a variance at 1145 Amble Drive based on the findings of fact and the submitted plans, as amended by the five conditions in the July 6, 2011, report to the Planning Commission. The motion carried unanimously (4-0). B. Planning Case 11-015; Site Plan Review; Marsha and Brian Burgeson; 3759 New Brighton Road —Not a Public Hearing Community Development Intern Me]-Ling Anderson stated the applicants are requesting • a site plan review to construct a 903 square foot detached garage on the property located at 3759 New Brighton Road. The proposed structure would replace the existing 580 square foot garage and would be the only accessory structure located on the site. She provided additional background information. Community Development Intern Anderson stated Staff offers the following seventeen findings of fact for review: 1. The lot meets all other minimum requirements of the R-2 Zone. 2. The existing dwelling does not encroach on any setbacks. 3. The existing garage encroaches five-feet into the side yard setback. 4. A site plan review is required for the detached accessory structure. 5. Garages and accessory structures are permitted within the R-2 Zone. 6. The proposed accessory structure would reduce the existing non-conformity of the lot by removing the non-conforming garage and constructing a new garage that meets all setbacks. 7. The maximum structure coverage meets the requirements of the R-2 Zone. 8. The minimum landscaped area exceeds the requirements of the R-2 Zone. 9. The existing dwelling does not exceed the 35-foot height limit. 10. The proposed garage would not exceed the 15-foot height limit for accessory structures. 11. The plan suggests that there would be bill brought to the sire to create an even grade for the proposed garage. . 12. The driveway would be expanded five-feet lengthwise to meet the front of the new garage. ARDEN HILLS PLANNING COMMISSION —July 6, 2011 4 , 3.B. Planning Case 11-015; Site Plan Review, Marsha and Brian Burgeson; 3759 New Brighton Road—Not a Public Hearing (continued) • 13. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. 14. The proposed garage would be 903 square feet. 15. The exterior finish will match the principal structure. 16. The lot is unusual in that it is unusually large, and there would be enough room to construct two 728 square foot accessory structures on the property without a variance. 17. The proposed garage would create less impact and be more attractive than what is presently on the property. Community Development Intern Anderson stated the findings of fact for this Site Plan Review support a recommendation for approval. If the Planning Commission wishes to make a recommendation for denial, the findings of fact must be amended to reflect the reasons for the denial. If the Planning Commission recommends approval of this Site Plan Review, recommends the following seven conditions: I. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The applicant shall obtain all necessary grading and building permits prior to beginning construction or demolition on the site. 3. The applicant shall use best management practices (BMPs) to control erosion at all • times during construction. 4. The height of the structure shall not exceed 15-feet. 5. The applicant shall obtain approval or waiver from the Rice Creek Watershed District prior to the issuance of any building permits. 6. The structure shall conform to all other regulations in the City Code. 7. The property shall be limited to a single accessory structure. Chair Larson opened the floor to Commissioner comments. Chair Larson stated the code allows for two accessory structures, at 728 square-feet each, on this property. He asked if approving the 908 square-foot structure would replace this and allow for just the single accessory structure on the property. City Planner Beekman stated the applicant would not be able to build a second accessory structure on the property to make up the difference in square footage that would have been allowed with the two structures. Chair Larson suggested Staff include permit ready drawings with the information presented to the Planning Commission for approval. This will ensure the Planning Commission is approving a plan that is meeting the requirements of the application and not encroaching on property lines • Community Development Intern Anderson clarified the applicant had provided a written statement showing the structure would be I l feet from the setback. ARDEN HILLS PLANNING COMMISSION —July 6,2011 5 3.B_ Planning Case 11-015,- Site Plan Review, Marsha and Brian Burgeson,- 3759 New • Brighton Road—Not a Public Hearing (continued) Chair Larson stated there were windows in the second story of the structure. He asked what this area would be used for. Mr. Brian Burgeson, 3759 New Brighton Road, Arden Hills, stated this area would be used as a man cave area and for storage. He also stated the lot pins were easily located and the side property lines were well established. Chair Larson stated if this area was going to be used as a second dwelling this would require an additional process through the City. Commissioner Holewa moved and Commissioner Scott seconded a motion to recommend approval of Planning Case 11-015 fort a Site Plan Review at 3759 New Brighton Road based on the findings of fact, the submitted plans, and the seven conditions in the July 6, 2011 report to the Planning Commission Commissioner Scott asked if the foundation of the existing structure would be removed in order to create the new structure. Mr. Burgeson stated it would be removed. The motion was called to a vote. The motion carried unanimously (4-0). C. Planning Case 11-016; Preliminary, and Final Plat, and Final PUD Amendment; Arden Plaza, LLC; 3585 Lexington Avenue—Public Hearing Commissioner Thompson moved and Commissioner Scott seconded a motion to table Planning Case 11-016 for Arden Plaza, LLC at 3527 Lexington Avenue North The motion carried unanimously (4-0). UNFINISHED AND NEW BUSINESS REPORTS A. Report from the City Council Councilmember Holmes updated the Planning Commission on City Council activities including approval of a three-year extension to the Traverse Business Center, the direction to Staff to begin working towards updating the City's website, approval of Planning Cases I 1-010. l 1-011. 11-012. and 11-013. She stated the City Council also discussed the development of the old City Hall site and determined that they will wait with this until the market improves. Community Development Director Hutmacher will be taking steps to market this property when the market improves. The City Council also discussed improvements to Valentine Park and the approval of the Select Senior Living ARDEN HILLS PLANNING COMMISSION —July 6, 201 I 6 S.A. Report from the City Council (continued) proposal for the Holiday Inn site. The City will be having a Community Meeting on • August 4 to discuss the Vikings Stadium. It will be held at the Ramsey Public Works Facility, in the Marsden Room, and it is tentatively scheduled for 5:30 p.m. to 7:30 p.m. Chair Larson asked if the Stadium was dependant on the Legislature passing the bill that is before them at this time before they are able to move forward. Councilmember Holmes stated even if the Legislature passes the bill that is before them, a stadium is guaranteed to occur in Arden Hills. It must pass through the Legislature in order to move forward but there are other things that must occur as well before the stadium could be built. B. Planning Commission Comments and Requests Chair Larson stated the Planning Commission is short one person and one alternate. If anyone is interested they can apply on the City's website. ADJOURN Commissioner Thompson moved, seconded by Commissioner Holewa, to adjourn the July 6, 2011, Planniny, Commission Meetinp, at 6:57 p.m. The motion carried • unanimously (4-0). • EN HILLS MEMORANDUM DATE: August 3, 2011 PC Agenda Item 3.A TO: Planning Commission FROM: Meagan Beekman, City Planner SUBJECT: Planning Case #11 -017 Arden Plaza, LLC 3585 Lexington Avenue North Final PUD Amendment for Phase 1, and a Preliminary and Final Plat for Arden Plaza Redevelopment Requested Action The applicant is requesting approval of an amendment to the Final PUD for Phase I of the Arden Plaza Master PUD, and a Preliminary and Final Plat to subdivide the property into three parcels. Background In June 2009, the Planning Commission and City Council approved a redevelopment application for the Arden Plaza retail center. The approved Master PUD included the demolition of the existing office pod buildings, subdivision of the parcel into four lots, and the construction of four new buildings. As the project was approved, Building 1 (Walgreens) would have been 14,600 square feet. Building 3 would have been attached to Building 1 and was anticipated to be a retail and /or restaurant use of 4,700 square feet. Building 2 would have been a 6,000 square foot single restaurant user, and Building 4 would have been 18,000 square feet with a user that had yet to be determined. The entire project would have been completed in three phases. Lot Size Building Size (sf) Total 481,517 % Landscaping 1•. y v' }$�•:•.'•,. M1 {a: :?:•did': • Requirement 13,000 or more 97,774, 22.90% 20% or more City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning Cases12011111 -016 - Arden Plaza - PUD Amendment (Pending) 108- 03 -11- PC Report - Arden Plaza - PUD Amendment docx Page 1 of 10 As part of the original application, the developer also received approval for a Final PUD for Phase I of the development. The first phase was for Buildings 1 and 3, but would have also included a mill and overlay of the existing parking lot, construction of main street style entrances at County Road E and Lexington, implementation of the landscape plan, and site grading and grass pads for future buildings 2 and 4. Since the approval of the Master and Final PUD for Phase I, the developer's negotiations with Walgreens have stalled. The developer has since negotiated with CVS Pharmacy, and is proposing amendments to the Final PUD for Phase I in terms of layout and timeline. The changes to the project are summarized in detail in Attachment A. The Master PUD, along with the original plan set and the conditions of approval associated with it, remains valid. The originally approved Development Agreement has been included as Attachment B, along with a copy of the Master Plan. At this time, the applicants are requesting amendments to the Final PUD for Phase I pertaining only to the site layout for Lot 1, as well as the timing of some of the overall site improvements associated with Phase I. In addition, the configuration of the subdivided lots is to be adjusted slightly because Building 3, and the lot it was on, has been removed from the development plan. Project Proposal and Process 1. Project Description The 12.55 acre Arden Plaza property currently includes two buildings: a retail strip mall with approximately 55,000 square feet and the "pod office building" with 45,944 square feet of gross floor area. The applicant proposes to demolish the pod office building, construct three new buildings, retain the strip mall, and subdivide the property into three lots. The entire project would be completed in three phases. The proposed tenant for Building 1 is a CVS Pharmacy store. Building 2 is anticipated to be a single restaurant user, and Building 4 is yet to be determined. Building 3 was originally approved as a 4,500 square foot retail space, attached to Building 1, but has since been removed from the development plan. The developer does not yet have tenants for buildings 2 or 4, though is actively marketing the site. The first phase, which is the subject of this review, is for Building 1. The applicant has included a revised Phase I Development Plan (Attachment C) which details what aspects of the project will be constructed with Phase I. 2. Planned Unit Development (PUD) Process: The PUD process is a tool that provides additional flexibility for developments that an underlying zoning district would not otherwise allow. For example, a PUD may change the City of Arden Hills Planning Commission Meeting for August 3, 2011 P: (Planning \Planning CasesI2011111 -016 - Arden Plaza - PUD Amendment (Pending)108 -03 -11 - PC Report - Arden Plaza - PUD Amendment.docx Page 2 of 10 setbacks, lot coverage, lot sizes, parking requirements, signage, building height, building materials, landscaping requirements, etc. The process is meant to create a better development than the standard regulations may otherwise allow. The PUD process allows the City to negotiate certain aspects of the development; however, any conditions imposed on the PUD must have a rational basis related to the impacts of the development. While each PUD process is unique, it is a common process used by many cities. If a property is subdivided into multiple properties during the PUD process, it is still often viewed as one continuous development. The development as a whole would be expected to meet the landscaping, stormwater, and other similar requirements. For example, one property in the PUD may have 90 percent building coverage; however, the development as a whole would not does not exceed 80 percent building coverage to maintain conformance with the underlying zone. In order to maintain shared amenities such as landscaping and stormwater ponds, the development is required to create a legal entity to manage and maintain the shared amenities. The Planned Unit Development (PUD) process is typically at least a two step process. The first step is the Master PUD, which is a detailed concept plan for the entire development proposal, often outlining individual phases for development over a specified period of time. The second step is the Final PUD for each phase, which is a more detailed review as each development phase moves forward. During the Master PUD stage, the City works with the applicant to set an overall design framework or standard for a proposed development. These standards are then written into a development agreement which generally includes the design standards, a list of conditions, the size of the development, and what, if any, deviations from the underlying zoning district will be permitted. Once the Master PUD is approved, the applicant then creates a development that conforms to the development agreement for each subsequent Final PUD phase. The level of detail is guided by the type and scale of the development as well as the guidance or flexibility within the Zoning Code. This proposal technically includes three requests: 1. An Amendment to the Final Planned Unit Development for Phase 1 of the Arden Plaza Redevelopment 2. Preliminary Plat 3. Final Plat Buildings 2 and 4 would return to the Planning Commission and City Council prior to development for the Final PUD review for those properties. City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning CasesI2011111 -016 - Arden Plaza - PUD Amendment (Pending)I08-03-11 - PC Report - Arden Plaza - PUD Amendment.docx Page 3 of 10 3. Surrounding Area: North Commercial B -2: General Business District Hotel South Commercial B -2: General Business District Office East (Shoreview) Commercial C2: General Commercial & OFC: Office Gas Station /Retail /Office West Commercial B -2: General Business District Interstate 35W 4. Site Data: ................ \1'. 111111C 111111CR (1S1 \C.C1\\1S.11511.1 \C\ AM./.'11\ Commercial Retail strip mall and office building B -2: General Business District 12.55 Acres (546, 717) The elevation of the lot is lower than Lexington Avenue. There is a stormwater pond in the southeast corner of the property. Plan Evaluation Because the applicants are not proposing amendments to the Master Plan, the focus of the plan evaluation is the Final PUD for Phase I. The Final PUD includes Building 1 and improvements to Lot 1, and the entrance drives from Lexington Avenue and County Road E. Some information is provided about the site as a whole as it pertains to the Preliminary and Final Plat. 1. Zoning Regulations Section 1320 — District Provisions A. Lot Size, Building Coverage, and Landscaping — Meets Requirements B. Height — Meets Requirements The maximum height for buildings in the B2 District is 50 feet. The CVS building is proposed to be 30 feet in height at its highest point, though it variegates in height down to 25 feet on the west elevation. City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning Cases12011111 -016 - Arden Plaza - PUD Amendment (Pending) 108 -03 -11 - PC Report - Arden Plaza - PUD Amendment.docx Page 4 of 10 Lot Size Building Coverage (sf) % Building Coverage % Landscaping Lot 1 - CVS Pharmacy 77,033 13,013 16.89% 20.80% Lot 2 - Building #2 28,474 6,000 21.07% 17.60% Lot 3 - Building #4 and #5 375,999 73,735 19.61% 24.60% Total 481,506 92,748 19.26% 23.57% Requirement 13,000 or more 45% or less 20% or more B. Height — Meets Requirements The maximum height for buildings in the B2 District is 50 feet. The CVS building is proposed to be 30 feet in height at its highest point, though it variegates in height down to 25 feet on the west elevation. City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning Cases12011111 -016 - Arden Plaza - PUD Amendment (Pending) 108 -03 -11 - PC Report - Arden Plaza - PUD Amendment.docx Page 4 of 10 C. Setbacks — Flexibility Requested The minimum setbacks in the B2 District are 20 feet in the front and rear and 10 feet in the side yards. The internal lot lines proposed in the Preliminary Plat are based on the locations of the buildings and setbacks to these are less of a concern in planned unit developments such as this one. The primary concern is setbacks to the public rights -of -way of County Road E and Lexington, as well as the private properties located to the south and west of the development. The design standards for the B -2 District require at least half of the building to meet the minimum front setback of 20 feet along County Road E. The building is setback 44 feet and is not at any point nearer to County Road E. The reason for the greater setback is the need for a drive aisle that provides access to the drive -thru pharmacy window. The proposed CVS building has been moved approximately four feet farther away from County Road E than the previously approved plan; however, the building has also been moved 21 feet closer to Lexington Avenue, allowing a row of parking to be removed. The reduction of parking in this area is a benefit to the overall project because the Guiding Plan discourages parking being located between buildings and the street. D. Special Regulations for Drive -up Windows in the B2 District — Meets Requirements Section 1320.085 Subd. 3 states that the proximity requirement of 1,320 feet between drive - in businesses may be waived if the following provisions are met: 1: The architectural treatment, circulation plan, and signage system of such businesses shall be designed to visually and functionally integrate the building and the site on which it is located. 2. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non - motorized movements, specifically pedestrian and bicyclists. 3. Requested modifications to the provisions in section 1325.04 shall be stated in writing along with an explanation of why the modifications would be in the public interest and would be consistent with the purpose of the B -2 District. Section 1325 — General Regulations A. Landscaping and Tree Preservation - Section 1325.05 Subd. 1 and 1325.055 — Exceeds Requirements City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning Cases12011 I11 -016 - Arden Plaza - PUD Amendment (Pending) 108 -03 -11 - PC Report - Arden Plaza - PUD Amendment. docx Page 5 of 10 Landscaping and Tree Preservation Plans were submitted by the applicant and are included in Attachment E. Based on the square footage of the CVS building, the City Code requires 41 caliper inches of trees to be planted; 53 caliper inches are being provided on site. The amount of landscaping proposed on Lot 1 exceeds the amount proposed in the previously approved Final PUD for Phase I. Because the parking lot for the rest of the site will not be redone as part of Phase I, as was originally proposed, the total amount of landscaping on Lot 3 for Phase I has been reduced. The landscaping will still be provided, but as part of a future phase. Perennials and Shrubberies — Exceeds Requirements City Code requires that at least ten percent of the total landscaped area shall be covered with perennials and /or shrubbery. On Lot 1 the Code requires 1,599 square feet of perennials and shrubbery. The applicant is proposing 4,900 square feet. Planting Islands — Exceeds Requirements City Code requires that at least ten percent of the parking area be occupied by planting islands that are at least 150 square feet in size and have at least one tree. The application proposed 11.4 percent of the parking area to be parking islands, all of which meet the requirements of the Code. C. Parking — Section 1325.06 — Meets Requirements Parking over the entire site will be shared, as is required as part of the Master PUD. There are a total of 74 parking stalls proposed on Lot 1, with seven proof of parking stalls. While the originally approved plan had 93 parking stalls on Lot 1, the amount of retail space is being reduced on site, reducing the overall parking demand. Based on the proposed layout, the Code would require only 53 parking stalls to serve Lot 1. 2. Design Standards — Section 1325.05 Subd. 8 Amendments to the Final PUD for Phase I of the development are being requested, which includes Lot 1 and the CVS Pharmacy. While all future phases of the development will also have to meet the design standards set forth in the Zoning . Code, only Phase I is currently under review. Phase II and III will also require review before the City Council and Planning Commission. While the proposed application is in substantial conformance with the intent and letter of the design standards, the applicant is requesting flexibility from the commercial facade transparency requirement. The Code states that at least 50 percent of the first level facade that includes the primary store entrance and /or faces a public street shall be made of transparent windows and doors City of Arden Hills Planning Commission Meeting for August 3, 2011 P: (Planning \Planning Cases12011111 -016 - Arden Plaza - PUD Amendment (Pending)108 -03 -11 - PC Report - Arden Plaza - PUD Amendment.docx Page 6 of 10 that are recessed at least one inch rather than being flush with the facade. If the building is a one story design and the first floor elevation exceeds twelve feet, then only the first twelve feet shall be included in calculating the facade area. The proposed CVS Pharmacy has substantially more glass than the previously approved plan. The east facade, facing Lexington Avenue, would have 52 percent glass. The west facade, facing County Road E, would have 34 percent, and the south facade would have 49 percent. The Code allows reductions in the required amount of glass for buildings with a use or function that does not readily allow windows (e.g. cooler or freezer areas, mechanical rooms, security areas, storage areas). However, the architectural detailing must be provided by the use of upper level windows, which may include the partial use of simulated windows, or architectural detailing that provides arches, patterning, recesses, and shadowing that provide aesthetic interest. Architectural detailing may include such things as change in materials, change in color and other significant visual relief provided in a manner or at intervals in keeping with the size, mass, and scale of the wall. The applicant has revised the building to add architectural detailing and recesses around four sides, and enlarged the building at the corner of County Road E and Lexington to mimic the main entrance to the south. 3. Sign Code A. Wall and Monument Signage The application does not include a signage plan for the development. The previously approved Final PUD for Phase I allowed 99 square feet of wall signage on Building 1 (an excess of 19 square feet from the Code allowance), all other provisions of the Sign Code are required to be met. Staff understands that CVS Pharmacy is not requesting any signage above and beyond 99 square feet, and will design their signage plan to meet this provision. In the B -2 District each property is allowed one 100 square foot monument sign, not to exceed 16 feet in height. Properties that have more than one street access are allowed an additional 50 square foot monument sign. The CVS Pharmacy proposal would be required to meet this requirement of the Code. B. Gateway Sign As part of their project, the applicants have agreed to partner with the City on implementing a gateway sign. The applicant would construct the sign foundation, support structure (i.e. columns), and put in the landscaping shown on the landscaping plan. The City would provide the sign face structure, sign lighting, and would be responsible for future maintenance of the sign, lighting, and landscaping. While this partnership is contingent upon approval of the proposal, the City could not approve or deny the application due to this City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning1Planning Cases12011111 -016 - Arden Plaza - PUD Amendment (Pending)I08-03-11 - PC Report - Arden Plaza - PUD Amendment.docx Page 7of10 partnership. If the project is approved, the gateway sign agreement would be incorporated into the development agreement. 4. Transportation Traffic studies were completed in both 2007 and 2008 looking at the full build out of the Arden Plaza property, as well as the former Holiday Inn property to the north. The application at this time does not propose any alterations to the internal transportation plan as is laid out in the previously approved Master PUD. Improvements will be made at both the County Road E and Lexington Avenue access points. In addition, provisions will continue to be made for a possible future stop light on County Road E. The internal traffic circulation within the Arden Plaza property is designed to emulate a grid pattern that creates four -way intersections as people enter and exit the site. The purpose of the grid pattern is to allow people to efficiently move throughout the site, minimizing conflict points, and to leave open the possibility of extending the entrance to the west in the event that a future traffic light is installed in front of the TCF Building. 5. Building Official, Fire Marshal, and City Engineer Review The Building Official, Fire Marshal, and City Engineer have reviewed the proposed application. While specific comments are still being generated, none had significant concerns about the project. Findings of Fact This project includes three requests: an amendment to the Final PUD for Phase I, the Preliminary Plat, and the Final Plat. Phase I includes the proposed CVS Pharmacy building, the create of a grasses building pas site for Building 2, driveway improvements at County Road E and Lexington, and implementation of the stormwater improvements throughout the site (Attachment C). When a Final PUD is submitted for Phases I and II, comments related to those buildings will be addressed at that time. Staff offers the following eleven findings of fact for this proposal: 1. The applicant is requesting approval of an amendment to the Final PUD for Phase I and a Preliminary and Final Plat for the Arden Plaza property. 2. The PUD process allows for flexibility within the City's regulations through a negotiated process with a developer. 3. The Arden Plaza property is located in the B2 General Business District. 4. The proposed redevelopment is a permitted use in the B2 District. City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning Cases12011111 -016 - Arden Plaza - PUD Amendment (Pending108- 03 -11- PC Report - Arden Plaza - PUD Amendment.docx Page 8 of 10 5. The City has adopted the Guiding Plan for the B2 District that outlines future development principals for the area. 6. The City has adopted design standards for the B2 district within the Zoning Code. 7. The Master PUD and Final PUD for Phase I are in substantial conformance with the requirements of the City's Zoning Code and design standards. 8. The Master PUD and Final PUD for Phase I are in substantial conformance with the Guiding Plan for the B2 District. 9. The Master PUD and Final PUD for Phase I are in substantial conformance with the City's Comprehensive Plan. 10. Where the plan is not in conformance with the City's Zoning Code, flexibility has been requested by the applicant and /or conditions have been placed on an approval that would mitigate the nonconformity. 11. The application is not anticipated to create a negative impact on the immediate area or the community as a whole. Recommendation Because this application would be amending the already approved Development Agreement (Attachment B), only those conditions that relate to the amended items are addressed in the conditions of approval. Staff is recommending approval based on the findings of fact subject to the following six conditions: 1. The applicant shall continue to abide by the conditions of all previous Master PUD and Final PUD for Phase I, permits, and reviews, except as hereinafter amended. 2. The project shall be completed in accordance with the submitted plans as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 3. The applicant shall file the Final Plat with Ramsey County within 180 days of the approval from the City. 4. A development agreement amendment shall be prepared by the City Attorney and subject to City Council approval. The agreement shall be executed prior to the issuance of any permits or site preparation. 5. The applicant hereby agrees to waive their right to appeal any special assessments levied against Lot 1, Lot 2, or Lot 3 for streetscape improvements, associated with the implementation of the Guiding Plan for the B -2 District, provided that, the special assessments do not exceed an amount equal to $350 per lineal foot of frontage on County Road E and further provided that the properties are specially assessed in the same manner as other similarly situated parcels. 6. The applicant shall construct parking lot and landscaping improvements previously planned for Phase I, as well as provide a plan for updating the rest of the existing retail center, as part of Phase II. City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning CasesI2011I11 -016 - Arden Plaza - PUD Amendment (Pending)I08-03-11 - PC Report - Arden Plaza - PUD Amendment.docx Page 9 of 10 Proposed Motion Language 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 11 -017 for an amendment to the Final PUD for Phase I, and a Preliminary and Final Plat, at 3585 Lexington Avenue based on the findings of fact, submitted plans, and the six conditions in the August 3, 2011, planning case report. 2. Recommend Denial: Motion to recommend denial of Planning Case 11 -017 for an amendment to the Final PUD for Phase I, and a Preliminary and Final Plat at 3585 Lexington based on the following findings of fact... 3. Table: Motion to table Planning Case 11 -017 for an amendment to the Final PUD for Phase I, and a Preliminary and Final Plat at 3585 Lexington for the following reasons... Deadline for Agency Actions The City of Arden Hills received the completed application for this request on July 5, 2011. Pursuant to Minnesota State Statute, the City must act on this request by September 3, 2011 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day review period. The City may, with the consent of the applicant, extend the review period beyond the initial 120 days. Resident Comments Notice was published in the Shoreview -Arden Hills Bulletin and mailed to properties within 500 feet of the property. At this time Staff has received one letter from an adjacent business owner (Attachment D). Attachments A. Application and Supporting Materials B. PC 09 -011 - Arden Plaza Redevelopment PUD Master Plan and Development Agreement C. Proposed Phase I Development Plan D. May 26, 2011, Public Comment Letter E. Plan Set and Preliminary Plat City of Arden Hills Planning Commission Meeting for August 3, 2011 P: IPlanning\Planning CasesI2011111 -016 - Arden Plaza - PUD Amendment (Pending)I08-03-11 - PC Report - Arden Plaza - PUD Amendment.docx Page 10 of 10 Attachment A Application and Supporting Materials --2kKEN HILLS August 3, 2011, Planning Commission Meeting July 25, 2011 Meagan Beekman, AICP City Planner, Recycling Coordinator City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: Arden Plaza Land Use Application/Phase 1 Dear Ms. Beekman: properties 752 Stillwater Road Mahtomedi, MN 55115 Fax 651 631 1500 Voice 651 247 7007 dennis @dennisproperties.com www.dennisproperties.com You have requested a narrative on the differences between the Phase 1 improvements approved by the City in 2009 (the "Previous Plan ") and the Phase 1 improvements that are proposed with the current land use application (the "Current Plan "). The primary differences are noted below: 1. Construction of Pharmacy The Previous Plan was for a Walgreens and the Current Plan is for a CVS. The square footage of the CVS is approximately 1600 square feet smaller. 2. Construction of Additional Commercial Space The Previous Plan contemplated a "Building #3" as part of Phase 1, which was 4,537 square feet attached to the south end of the pharmacy. Building #3 was anticipated to be for restaurant or other retail uses. The Current Plan eliminates Building #3 and is not a part of any phase. 1 3. Construction of "Main Street" off of County Road E and Drive Aisles off of Lexington. Both the Previous Plan and Current Plan include the same reconstruction of the access drives off of County Road E and Lexington Avenue. As it relates to the "Main Street" effect off of County Road E, both plans include the circular special paving, sidewalks, lighting, and landscaping. 4. Sidewalks Both the Previous Plan and Current Plan contemplate some new sidewalks. The Current Plan has a different pedestrian access point to the pharmacy site than the Previous Plan. 5. Building #2 Both the Previous Plan and the Current Plan contemplate Building #2, located on the Main Street, as part of Phase 2. The Current Plan indicates a size of approximately 6000 square feet rather than the 5582 square feet in the Previous Plan. Both the Previous Plan and the Current Plan contemplate an interim grass pad site for Building #2. 6. Existing Retail Parking Areas The Previous Plan contemplated work in the existing parking lot to the east of the existing retail center. The Current Plan does not include that work, except to the extent required by the watershed district storm water permit. 7. Building #4 Interim Pad The Previous Plan contemplated the removal of the existing retaining wall near the Lexington drive aisles along with a grass interim pad for Building #4. The Current Plan does not contemplate the removal of parking in that area or the removal of the retaining wall. Let me know if you need additional information at this time. Denny Trooien cc: Steve Wellington Jon Lennander 2 June 6, 2011 Meagan Beekman City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Re: CVS @ SWC Lexington & County Road E — Arden Hills Dear Ms. Beekman; On behalf of the applicant, Velmeir Companies, we are submitting for PUD Amendment of our Preliminary Plans for compliance with the Arden Plaza Redevelopment PUD. The proposed CVS complies with the overall development plan and will be a great addition to this corner. The site plan is similar to the site plan approved with the Arden Plaza Redevelopment. The CVS building is very similar in distance from County Road E; however the CVS building is significantly closer to Lexington than the previously approved plan. The distance for CVS from north property line is 44.1 and the Arden Plaza plan depicted the building 40.9'. The CVS building is shown at 134.3 feet from Lexington and the Arden Plaza plan depicted the building at 152.3 feet. Pedestrian access is obtained through a sidewalk connection along the east side of the site The CVS landscape plan demonstrates more trees and screening for the rear of the building and trash enclosures. We have more trees south of the CVS building which breaks up the pavement and helps define the drive aisle. We have shown the same rain garden /infiltration basins and similar shrubs and perennials at the entrance to Arden Hills from the intersection. We believe this will be a very visually appealing site. We have enhanced the CVS Prototype building which provides an appealing affect to this corner. Those enhancements are detailed below: • Upgraded materials to be a mostly brick building. • Added parapet elevation changes to break up length of building. • Raised parapets to screen roof top units. • Added additional glazing on main elevations. Designing custom window graphics to showcase local architecture. We believe this proposed CVS will be a great addition to the development and to the City of Arden Hills. If you have any questions or need additional information, give me (763- 496 -6720) or Jon Lennander (952- 345 -7021) a call. Sincerely, LOUCKS ASSOCIATES icki J. V. lell — P.E. Project Engineer Cc: Velmeir Companies — Jon Lennander Norr Scott Robach Attachment B PC 09 -011 - Arden Plaza Redevelopment PUD Master Plan and Development Agreement �1� .,HILLS August 3, 2011, Planning Commission Meeting ARDEN PLAZA REDEVELOPMENT PLANNED UNIT DEVELOPMENT MASTER PLAN FINAL PLAT -ARDEN PLAZA REDEVELOPMENT PLANNED UNIT DEVELOPMENT FINAL PLAN -PHASE 1 DEVELOPMENT AGREEMENT PHASE 1 PC# 09 -011 1.0 Parties. This Development Agreement is dated the 13th day of July, 2009 and is entered into by and between the City of Arden Hills, a Minnesota statutory city ( "City "); and Arden Plaza, LLC, a Minnesota limited liability corporation ( "Arden Plaza "). 2.0 Recitals. A. Arden Plaza is the record fee owner of the following described property ( "Property ") situated in the City of Arden Hills, County of Ramsey, State of Minnesota: The north 872 feet of the east one -half (1 /2) of the northeast quarter of Section 34, Township 30 north, Range 23 west, except the west 625 feet thereof; excepting from the above described Tract, the west 200 feet of the north 283 feet. Subject to rights of public, those portions thereof taken for highways, said portions being the north 43 feet thereof and the east 33 feet thereof and that part thereof lying north and east of the connecting curb. B. The Property is being platted as Lots 1, 2, 3, and 4, Block 1, Arden Plaza Redevelopment. C. On the 4th day of April, 2009, Arden Plaza submitted an application requesting the approval of a Plan Unit Development Master Plan ( "PUD- Master Plan ") for the Property; a combined preliminary /final plat ( "Final Plat ") for the Property; and a Planned Unit Development Final Plan ( "PUD -Final Plan ") for a portion of the Property ( "Arden Plaza Application "). D. The PUD- Master Plan, the Final Plat and the PUD -Final Plan for a portion of the Property are illustrated and described on the following documents ( "Redevelopment Plan Documents ") attached and incorporated herein. 1. Cover sheet dated 5/4/09, as revised on 5/22/09; 2. Boundary and Topographic Survey dated 5/4/09; 3. Tree Preservation Plan dated 5 /4 /og as revised on 5/22/09; 4. Preliminary Plat dated 5/4/09 as revised on 5/22/09; 5. Circulation Plan dated 5/4/09 as revised on 5/22/09; 6. Site Plan dated 5/4/09 as revised on 5/22/09; 7. Grading and Erosion Control Plan dated 5/4/09 as revised on 5/22/09; 8. Utility Plan dated 5/4/09 as revised on 5/22/09; 9. Lighting Plan dated 5/4/09 as revised on 5/22/09; 10. Landscape Plain dated 5/4/09 as revised on 5/22/09; 11. Pedestrian Details dated 5/4/09 as revised on 5/22/09; 12. Driveway Enlargement dated 5/4/09 as revised on 5/22/09; 13. Elevation A -30o dated 5/4/09 as revised on 5/22/09; 14. First Floor Plan A -1o1 dated 5/4/09 ;. 15. Roof Plan and Site Sections A-200 dated 5/4/09; 16. Initial Phase Development Plan dated 6/3/09; 17. Master Development Plan dated 6/3/09; i8. Materials Board as presented on 7/13/09 identifying to following materials and color pallet: a. Brick Number One: Cloud Ceramics — Sahara White Buff b. Brick Number Two: Carolina Ceramics — Heritage Velour; or Mutual materials - Copper c. Brick Number Three: Cloud Ceramics — Cherokee d. Masonry Number One: Anchor Block — Rock-Face Block; Mojave e. Masonry Number Two: Anchor Block — Rock -Face Block; Chocolate f. Masonry Number Three: Anchor Block — Rock -Face Block; Buckskin g. Masonry Number Four: Anchor Block — Rock -Face Block; Autumn Tan h. Metal Cornice: Una -Clad — Medium Bronze i. Metal Canopy: Una -Clad - Brandywine j. Precast Stone: Custom Cast Stone — Light Buff 19. Written Statement consisting of pages 3.-6 dated 5/1/09. E. Subject to the conditions and modifications contained herein, the Redevelopment Plan Documents represent the nature, scope and configuration of the Redevelopment Project which Arden Plaza is requesting the City to approve. F. The PUD- Master Plan and the Redevelopment Plan Documents indicate that the Property will be redeveloped in three phases: 1. Phase I will include the construction of a pharmacy building on Lot 1, Block 1, Arden Plaza Redevelopment and a retail /restaurant building on Lot 3, Block 1, Arden Plaza Redevelopment. 2. Phase 11 will include a retail /restaurant building on Lot 2, Block 1, Arden Plaza Redevelopment. 3. Phase 111 will include the construction of a retail building on a portion of Lot 4, Block 1, Arden Plaza Redevelopment. 3.o City Planning Commission Review and Recommendations. On the 3rd day of June, 2009, at a public hearing, the City Planning Commission considered the Arden Plaza Application, the reports and comments of the City's staff and consultants, reports and comments of the applicant, and other public comments; and, subject to conditions, recommended approval of: The PUD- Master Plan for the Property; the Final Plat for the Property; and the PUD -Final Plan for Phase 1 of the Redevelopment Project. 4.0 City Council Review. On the 13th day of July, 2009, the City Council reviewed the Arden Plaza Application, the reports and recommendations of the City's staff and consultants; the reports and requests of Arden Plaza; and the recommendations of the City Planning Commission; and approved the PUD - Master Plan for the Property; the Final Plat of the Property; the PUD -Final Plan for Phase 1 of the Redevelopment Project; all subject to the terms and conditions contained herein. 5.o Terms and Conditions. In consideration of the City's development approvals; in compliance with the City's development regulations; and in consideration of the undertakings expressed herein, the parties agree: 3 A. PUD- Master Plan. 1. Arden Plaza shall apply for and obtain building permits for Phase 1 of the Redevelopment Project no later than July 13, 2010 or, at least forty -five (45) days prior to such date, shall request an extension of time to obtain building permits for Phase 1. Failure to either obtain building permits or request an extension within the required time periods means that any redevelopment of the area included in Phase I may require an amendment to the PUD- Master Plan and shall require compliance with the City's then current development regulations. 2. Arden Plaza shall apply for the PUD -Final Plan for Phase 11 of the redevelopment project no later than July 13, 2012 or, at least forty -five (45) days prior to such date, shall request an extension of time to apply for the PUD -Final Plan for Phase 11 of the Redevelopment Project. Failure to apply for either and approval or an extension within the required time periods means that any redevelopment of the area included in Phase 11 shall require an amendment to the PUD- Master Plan and the redevelopment of the area included in Phase 11 shall comply with the then current City regulations. Arden Plaza shall provide yearly updates to the City at the end of each year regarding the status of future phases. 3. Arden Plaza shall apply for a PUD -Final Plan for Phase 111 of the Redevelopment Project no later than July 13, 2013 or, at least forty -five (45) days prior to such date, shall request an extension of time to apply for the PUD -Final Plan for Phase III. Failure to either apply for approval or an extension within the required time periods means that any redevelopment of the area included in Phase 111 shall require an amendment to the PUD- Master Plan and the redevelopment of the area included within Phase 111 shall be in compliance with the then current City regulations. 4 5 The Redevelopment Project shall be completed in accordance with the Redevelopment Plan Documents as amended by the conditions of approval. Any significant changes to the Redevelopment Plan Documents, as determined by the City Planner, shall require review by the Planning Commission; and review and approval by the City Council. Arden Plaza shall provide yearly updates, on the anniversary date of the City's approval of the PUD- Master Plan, to the City regarding the status of Phases 11 and III. 6. Wall signage shall not be transferable between tenants. Each sign shall require a separate sign permit prior to installation per the requirements of the City's Sign Code and Design Standards. 7 Prior to the issuance of building permits for Phase 1, shared parking agreements shall be signed by all property owners, subject to the approval of the City Planner, and signed copies shall be provided to the City. 8. Except as otherwise modified herein, the development of Phases 1, 11 & III shall comply with all applicable City Regulations. 9 The following traffic mitigation measures shall be implemented to reduce the traffic impact of the development: a. Ramsey County reserves the right to restrict left turn egress onto County Road E to improve operation, safety, and traffic management. b. Stop signs, lane assignment signs, and other traffic control signs shall be provided by Arden Plaza at the County Road E and Lexington Avenue access points and shall be subject to City Engineer approval prior to installation. The City reserves the right to require the installation of other directional signage as deemed necessary by the City Engineer. 10. Construction of Traffic Signals and Cost Sharing. a. It is anticipated that full development of the PUD Master Plan, as illustrated in the Redevelopment Plan Documents, as well as the redevelopment of surrounding areas will cause traffic congestion on that portion of County Road E located between Snelling Ave. and Lexington Ave. Therefore, the construction of Phase 111 of the PUD Master Plan is contingent upon the construction of a traffic signal improvement ( "TS Improvement ") which would be located approximately 65o feet west of the intersection of county Road E and Lexington Ave. b. A portion of the cost of the TS Improvement will either be specially assessed against benefiting parcels, including the property located within the PUD Master Plan or, in the alternative, the parties will negotiate payment terms. In either event the cost to be paid by Arden Plaza shall be between 20 and 25 percent as determined by the City Council. In determining whether to assess up to 25 percent of the cost of the TS Improvement, the City shall take into consideration the assessment of up to 5 percent of the cost of the TS Improvement against other parcels located south of County Road E and beyond the boundaries of the PUD Master plan that are benefited by such improvement. If special assessments are utilized Arden Plaza agrees that the property included within the PUD Master Plan will receive a special benefit in the amount of 20 -25% of the cost of the TS Improvement, as determined by the City Council, as a result of the TS Improvement and hereby waives any public hearing requirements contained in Minnesota Statutes Chapter 429 and further waives any right to appeal from a levy of such special assessment. The provisions of this Section shall apply even if the construction of the TS Improvement occurs prior to the development of Phase III. c. Arden Plaza shall prepare a Declaration of Covenants and Restrictions ( "Covenants ") which shall include a notice of the future special assessment for the TS Improvement and a formula for portioning the cost of the special assessment of the parcels included within the plat of Arden Plaza Redevelopment. In adopting the special assessment roll for the TS Improvement, the City shall comply with the formula contained in the Covenants. B. Final Plat. 1. Arden Plaza shall submit an agreement for shared management and maintenance of the parking areas, landscaping features, stormwater facilities, and common areas. The agreement shall be subject to City Attorney approval prior to the issuance of any building permits. 2. Arden Plaza shall file the Final Plat with Ramsey County within 18o days of the approval from the City. C. Development Contract -Phase 1. 1. Arden Plaza shall submit a financial surety in the amount of 125 percent of the cost of the landscaping improvements for Phase 1 prior to the issuance of any building permits. 2. At least three business days prior to any tree removal, the property owner shall contact the City for a tree inventory inspection. 3. All building plans shall be subject to Fire Marshal approval prior to issuance of building permits. 6 4. All final grading, drainage, and utility plans shall be subject to approval by the Public Works Director and City Engineer prior to the issuance of any building permits. Arden Plaza shall obtain approval from the Rice Creek Watershed District and all other applicable permitting agencies prior to the issuance of any permits. Copies of such permits shall be provided to the City prior to the issuance of any permits. 6. Arden Plaza shall provide the required number of ADA parking spaces. The ADA parking space locations shall be subject to Building Official approval. 7 Arden Plaza shall provide a base for a City of Arden Hills gateway sign at the corner of County Road E and Lexington Avenues. The sign base shall be subject to the approval of the City. 8. Signage for vacant bays on Building 5 shall be completely removed and the area painted and /or cleaned prior. 9. Wall signage on Building 1 shall not exceed 99 square feet. Wall signage on Building 3 shall not exceed 93 square feet. 10. The Building 1 window sign, as shown on Elevation A -30o, shall only be lit during regular business hours, but in no case shall it be lit between the hours of midnight and 6 am. 11. In the event that trees located along a public right of way need to be removed due to road improvements, the property owner shall either transplant the trees or replace them on a one to one basis elsewhere within the area included in the PUD Master Plan, subject to City Planner approval. Nothing herein is a waiver by Arden Plaza to seek compensation from the condemning authority. 6.o Relationship of Parties. No partnership or joint ventures established between the parties hereto by or under this Agreement or any agreement referenced herein. 7.o Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. 8.o Limitation of Liability. Not withstanding in this Agreement to the contrary, the liability of Arden Plaza shall be limited to its ownership of the Property. Upon sale or conveyance of any portion of the Property, the transferee shall be liable for all obligations of Arden Plaza which relates to the portions of the Property so transferred and the transferor shall be automatically released from any further obligation, liability, right or responsibility in respect to such transfer. Moreover, nothing herein shall be construed to create a cause of action on behalf of the City against Arden Plaza with respect to its business operations beyond the obligations set forth herein relating to the development and maintenance of the Property. 9.o Recording of Document. This Agreement shall run with the Property and shall be recorded in the office of the Ramsey County Recorder or Registrar of Titles with proof thereof shown to the City prior to the issuance of any permits there under. 10.0 Governing Law. The City and Arden Plaza agree that the laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the undersigned parties and performance under it without regard to principals of conflicts of law. The language of this Agreement is and shall be deemed a result of negotiations among the parties and the respective legal council and shall not be strictly extrude for or against any party. Each party agrees that any action arising out of or in connection with this Agreement shall be brought solely in the courts of the State of Minnesota, Fourth Judicial District, or the United States District Court for the District of Minnesota. 11.0 Event of Default. The occurrence of any of the following shall be considered an "event of default" and the terms and conditions contained in this Agreement z. Failure of Arden Plaza to comply with any of the terms and conditions contained in this Agreement; and 2. Failure of Arden Plaza to comply with any applicable ordinance or statute with respect to the development of the Property. 12.0 Remedies. Upon the occurrence of an event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: i. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. Arden Plaza shall pay all sums so advanced, or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of io% per annum or the maximum amount permitted by law if less than io %. If no action taken by the City pursuant to this section shall be deemed to relieve Arden Plaza from curing any such defaults to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. Arden Plaza shall save, indemnify, and hold harmless, including reasonable attorney's fees, the City from liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. 8 2. Obtain an order from a Court of Competent Jurisdiction requiring Arden Plaza to specifically perform its obligations pursuant to the terms and provisions of this Agreement. 3. Exercise any other remedies which may be available to it, including an action for damages. 4. Withhold the issuance of any building permits and /or prohibit the occupancy of all building which permits have been issued. 5 In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, Arden Plaza shall pay the City all fees and expenses, including reasonable attorneys fees, engineering and consultant fees incurred by the City as a result of an event of default, whether or not a lawsuit or action is formally undertaking. IN WITNESS WHEREOF, the City and Arden Plaza have caused this Agreement to be executed as of the date and year first above written. 9 CITY OF ARDEN HILLS, a Minnesota statutory city ATTEST: Ronald Moorse, City Administrator STATE OF MINNESOTA ) ss. COUNTY OF ) Stanley, D Harpstead, MAYOR On this day of , 2009, before me, a notary public within and for said county, personally appeared Stanley Harpstead and Ronald Moorse, to me known to be respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Arden Hills. Notary Public 10 STATE OF MINNESOTA ) ss. COUNTY OF ) ARDEN PLAZA, LLC By: Printed Name: Title: On this day of , 2009, before me, a notary public within and for said county, personally , the of Arden Plaza, a Minnesota limited liability company, and owner of the above described property and he /they executed the foregoing instrument and acknowledged that he /she /they executed the same on behalf of said corporation. THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, P.A. 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July 25, 2011, City Council Meeting The City Council unanimously voted to approve Planning Case 1 1 -014 for a variance ng b anance request at 1145 Amble Drive. The Planning Commission voted unanimously to recommend approval for this item at their July 6, 201 1, meeting. The City Council unanimously voted to approve Planning Case 11 -015 for a site pp g plan review at 3 759 New Brighton Road_ The Planning Commission voted unanimously to recommend approval for this item at their July 6, 2011, meeting. City of Arden Hills Planning Commission Meeting for August 3, 2011 P.1Planning \Planning Commission\CC Reports\08 -03 -11 - PC report - CC repori.doc Page 1 of 1