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HomeMy WebLinkAbout7A, Approve PC 08-005 for Traverse Business Ctr ~ ~HILLS Request for Council Action Prepared By: Dept.: Council Mtg. Dale: Final Action Needed By: Meagan Beekman Community.DevelopmE!nt 04~28-o8 05~29~08 Budgeted Amount Actual Amount Funding Source: (;ounciIAclionReqlJE!,st: Motion to Approve PlanningCase()8~005 for a Preliminary and Final Plat and Development Agreement for Traverse Business Center Based on the Findings of Fact and the Submitted Plans as Amended by the Nine Conditions in the April 28, 2008, Report to the City Council. Staff Recommendation: Approve Planning Case 08-005 for a Preliminary and Final Plat and Development Agreement for Traverse Business Center Based on the Findings of Fact and the Submitted Plans as Amended by the Nine Conditions in the April 28, 2008, Report to the City Council. 03~05~08 Approval Documents: (i3ttac;h~cj) X Memo/Letter: Resolution No.: Ordinance No.: Engineering Recommendation: Attorney Recommendation: April 28, 2008, Memo to the City Council X Other: A: Draft Planning Commission minutes B: Preliminary Development Agreement C: Park Dedication letter and Plans D:Platj'v1ap<.uld s'llrv~ys Financi(31 Implications: This property is subject to park dedication. Administrator/Staff Comments: None. ~ ~HILLS MEMORANDUM DATE: April 28, 2008 TO: Mayor & City Council FROM: Meagan Beekman, Planner I James Lehnhoff, City Planner SUBJECT: Planning Case #: 08-005 Preliminary and Final Plat of the Traverse Business Center and CMK Arden Holdings Northwest Corner of Interstates 694 and 3SW Requested Action Consider approving Planning Case 08~005 for a Preliminary and Final Plat and Development Agreement for Traverse Business Center based on the findings of faet and the submitted plans as amended by the nine conditions in the April 28, 2008, Report to the City Council. Background On October 29, 2007, the City of Arden Hills approved a planned unit development (PUD) permit to CMK Arden Holdings (Chesapeake Companies) for the Traverse Business Center to construct up to 500,000 square feet of building space at the property located in the northeast corner of Interstates 35W and 694. The approval was subject to ten conditions. Condition number five required the applicant to replat the property prior to the issuance of any building permits. The applicant has submitted a request for a preliminary and final plat to replat the five parcels into a single contiguous property. The applicant is not applying for any building or grading permits at this time. As part of the proposal, the applicant is also requesting that the City vacate several easements and the right~of~way for 13th Street NE. Approval of the vacation request is contingent on approval of the preliminary and final plat. The property is vacant and does not have an assigned address. The property is located in the n0l1heast corner ofInterstates 694 and 35W \iMetro-illcl.lIs\ordcl/hillsiP!a/llllllgiP/Ol/llillg CO.l'('s\2008\08.005 Tral'crsc Prclimil/a}:\' & Filial Pilll tllld Vacalioll (PCAppl'O\'cd)W42S0S- CC Rcpol"l - TI'a\'c/'sc Plol.doc Page I of7 The applicant has submitted an application, narrative describing the project proposal, preliminary and final plat (Attachment D), and a description of the park dedication proposal (Attachment C). (Please refer to the March 31,2008 Council Packet for the March 5, 2008, Planning Packet, or contact City Staff for additional copies.) The Rice Creek Watershed District has reviewed the proposal and issued a conditional approval upon receipt of changes (CAPROC). The changes requested by RCWD are minor and are not anticipated to change the layout of the proposed plat. Park Dedication ReQuirement Section 1130.08 Subd. 2.B of the Subdivision Ordinance permits the City to require the applicants to dedicate up to ten percent of the buildable land area in the subdivision or to pay a park dedication fee of up to ten percent of the market value of the land at the time the final plat is approved. The park dedication requirement is typically activated when a lot is subdivided. In this case, the applicant is requesting a lot consolidation. Nevertheless, the applicants agreed to dedicate land or pay a park dedication fee in the original Master PUD approval in 200 I. The total market value of the land according to Ramsey County in 2008 is S3,932,000, which would allow for a maximum park dedication fee ofS393,200. While the City does have regulations for setting the maximum park dedication fee, State Statutes (462.358 Subd2.b and 2.c) have additional criteria that, while not directly reflected in the City's Subdivision Code, must be considered: 1. The regulations may require that a reasonable portion oflhe buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicaled to the public or preservedforpublic use as Slreets, roads, sewers, electric, gas, and waler(iJcilities, storm water drainage and holding areas or ponds and similar utilities and improvemel1ls, parks, recreational facililies, playgrounds, trails, wetlands, or open space 2. In establishing the porlionto be dedicated or preserved or the cash fee, the City shall give due consideralion to the open space, recreational, or common areas and facilities open to the public that the applical1l proposes to reserve for the subdivision. 3. The municipality must reasonably determine that it will need to acquire that portion of land for the pllllJoses stated in this subdivision as a result of approval of the subdivision. 4. The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality. 5. There musl be an essential nexus between the fees or dedication imposed and the municipal plllpose sought to be achieved by the fee or dedication. 6. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. 7. If a municipality is given written notice ofa dispute over a proposed fee in lieu of dedication before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. \Ukrm-iI/CI,lIs!a/"t!cl1hiI1s1P/(Jllllillg\P/aIlJlillg Casc.\'\2008\OS-005 Tml'('/"sc Prelim/l/ulY & Filial Pial (Jnd Vacmioll (PCAppro\'cd)W42808- CC Report - Trm'cl~\'c PI(lI.doc Page 2 of7 The italicized bullet points are particularly important because they point to the overall theme in State Statutes for setting the park dedication fee. Essentially, the park dedication fee must be reasonable and proportional to the impact on the park system created by the subdivision, or in this case, lot consolidation. Although the City's regulations clearly place a limit on the park dedication requirement, there is not a formula for determining "reasonable and proportional impact." PTRC Park Dedication Review The initial proposal from CMK was valued at approximately S244,000, which included on~site trail amenities and a connection to a City trail on the east side of the property. However, since a tenant for the building has not yet been selected, there was a possibility that the on-site amenities would not be open for public use. The Park, Trails, and Recreation Committee (PTRC) expressed concern regarding CMK's initial park dedication proposal. Staff met with the PTRC to discuss State Statutes on park dedication regulations and to discuss other potential park dedication options related to the CMK proposal. The City's 2002 Parks, Trails, and Open Space (PTOS) Plan called for a pathway along Gateway Boulevard that would connect to an existing pathway on the east side ofCMK's propetiy and to a future pathway adjacent to Round Lake Road (Attachment C). A pathway along the northem most segment of Round Lake Road was constructed when that section of the road was built. When the rest of Round Lake Road is reconstructed, it would likely have a pathway. The goal of this pathway connection is to provide future service to this commercial area, to Highway 96, and to a future redevelopment on the TCAAP property. While the PTRC cncourages CMK to provide on~site amelllttes to help off~set their impact on the City's park system, the PTRC came to a consensus that a pathway adjacent to Gateway Boulevard is more advantageous because it more adequately offset CMK's impact on the City, is part of the 2002 PTOS Plan, and adds to the City's overall pathway network. Although the proposed on~site amenities do help offset some of the projects impact, the PTRC did not see a significant benefit in having those amenities being dedicated to the public. Revised Dedication Proposal Upon fmiher discussion with CMK, a revised park dedication proposal has been submitted. The reviscd plan still includes on~site improvements; however, CMK has not submitted detailed plans in order to provide additional flexibility for a future tenant. However, in order to have a base level for improvements, Staff is including a condition that bases the improvements on their March 20, 2008, proposal (Attachment C, Please see the March 31, 2008, Council Packet for a full color version of this plan). The improvements can be modified and approved by Staff provided the value of the on~site improvements is not reduced. Significant changes would be subject to City Council \Ulctro-iI/CI.lIs\ardcllhill.\"W/al1l1illglP/ol/llillg Coses\2()08iOS-005 7i"t/\'crsc Pre/ill/il/fI/)' & FilwJ Pial (lnd J-'(/c{)fion (PC:Approl'cd)\042,s'OS- C{' Rcpor' - 1i"lIl'CHe Plat. doc Page 3 on approval. The on-site improvements would not include an easement to allow public access, which the PTRC did not object to. The pllJllose of the on-site improvements is to help offset their projects impact by providing amenities on the site itself. CMK or future tenants would be responsible for maintaining the on~site improvements. Since there would not be an easement granted to the City, the estimated value of the improvements is $153,400 for the on-site improvements. The revised plans also include a 1,900 foot long concrete pathway along Gateway Boulevard, in accordance with the 2002 PTOS Plan. The proposed path would connect to the existing City trail on the east side of the property and to a future path on Round Lake Road that would be constructed when that road is reconstructed. The City Engineer and Public Works Director have requested an eight food wide path. CMK is requesting a six foot wide path. The estimated cost of constructing an eight food wide path is $ 126,600. The proposed path along Gateway Boulevard would be constructed in City right~of~way. The City would normally require some separation between the curb and path; however, the grade change on the other side of the path requires the path to be next to the curb. Since the path would be in the right~of-way, it would become property of the City. The City Engineer and Public Works Director have reviewed the proposal and visited the site. They are in support of the proposal. The City Engineer has reviewed the estimated cost of the proposed path and is of the opinion that it is a reasonable estimation. The estimated value of all proposed improvements for the park dedication requirement is $280,000. Previous Park Dedication Requiremen/sfor Commercial Properties There have been two eomparable eommercial subdivisions/lot consolidations since 2002. The most recent commercial subdivision was for the office development at 3800 Cleveland Avenue North (southeast comer of Cleveland Avenue N and County Road E2). The park dedication fee, which had initially been set at $ 19,500, was ultimately waived in that application (Planning Case 02~032 and 03~002). In 2003, the City approved a lot consolidation for Guidant (now known as Boston Scientific). That planning case required Guidant to: 1. Dedicate an easement to the City for an existing City trail that was on already on their property; 2. Allow public use of the paths on the Boston Scientific property; and, 3. Construct a picnic/warming shelter at Cummings Park, which was estimated to cost $350,000. In the case of Guidant, there was a much clearer impact on the City's park and recreation system because the property was adjacent to City parks and trails. Guidant employees have much better access to and impact on the City's park and recreation system. \\'\!etm-il/('I,lIs\ardcllhills\P/U!llIillgiP/mlllillg Cascs\200S\08-005 hlll'c'r.\'C Prelimillo!)' &. Filial Plat (llId Vacation (PC Approl'cd)'i042b'()S- ('C Report - Trm'cnc Plat,doc Page 4 of7 The other park dedication requirements since 2002 have related to residential subdivisions, and thc average park dedication fee has bcen approximately $5,200 per new lot. If the City Council deems CMK's proposals to be inadequate, there is still time to continue negotiations before the statutory review deadline expires. It is important that CMK sufficiently offset the park and recreational needs created by their use; however, based on the City's regulations, State Statutes, and comments from the City Attorney, Staff is comfortable with the revised proposal from CMK. It is important to note that the City cannot deny the plat request if there is not agreement on the park dedication proposal. If there is not an agreement, the City can set the requirement and CMK must deposit the value of the improvements into an escrow. The park dedication requirement is then evaluated by the courts. Development Agreement For subdivisions that include the construction of new streets and/or public utilities, the City can require a development agreement (Attachment B). For this subdivision, the responsibility of grading, tree removal, and utility, and drainage/stormwater work will be on the propeI1y owners at the time building and grading permits are submitted. The agreement outlines the requirements of the approved Final PUD; the final specifications for all grading, utilities, drainage/stormwater provisions; the perf0I111anCe guarantees; and other city requirements to ensure that the development is implemented as the Final Plat and PUD were approved. All grading, utility, and stormwater work are subject to City review, inspection, and approval. The City Attorney prepared the agreement. The developer is currently reviewing the agreement, and there may be minor changes made prior to the Council meeting. If any changes are needed, revised copies will be provided prior to or at the meeting. Findings of Fact The Planning Commission offers the following thirteen findings of fact for rcview: Zoning Code Findings: I. A Final PUD has been approved for this project. 2. Condition five of the Final PUD requires the propet1y to be replatted. 3. The layout in the preliminary and final plat proposal meet or exceed all of the requirements of the underlying Gateway Business Zone, including minimum lot size, lot width, and lot depth. 4. The parcel in the preliminary and final plat is capable of accommodating the proposed buildings while meeting all required setbacks and coverage limits without any additional variances. liMl'Iro-iIlCf.us!arde/lhills\P/flllllillg\P/al1l1illg Coscsi2008\08.005 1h/l"crs(' Pre/ill/iIlOI)' & FiIUl/ Pial find Vaclltioll (PC App/'O\'ctf)!042808- CC Reporl - Trlll'C/"sc !Jim. doc Page 5 of7 Subdil'isiou OrdbulIIce Fiudiugs: 5. The proposed parcel layout meets or exceeds all of the requirements of the City of Arden Hills Subdivision Code. 6. The internal drives will be private roads that are maintained by the proper1y owner. 7. The parcel is adjacent to the public right~of~way and capable of suppot1ing a separate driveway. 8. The necessary drainage and utility easements have not yet been detem1ined, but will be required as part of the site plan review for Phase One of the PUD Pennit. 9. The park dedication fee is applicable based on the requirements in the March 27, 2001, Master PUD conditions of approval. The applicant proposes to construet $153,400 worth of on~site trails and construct a 1,900 foot sidewalk along Gateway Boulevard at a cost of $126,600, for a total value of $280,000. 10. The proposed trail improvements reduce the impact on the City's park and recreation system. 11. The proposed trail improvements contain much of the potential increased demand on the CMK Arden Holding's property that may otherwise have been felt on the City's park and recreation system. 12. The proposal has been submitted to the Rice Creek Watershed District for rcview. 13. No subdivision variances are required for this application. Recommendation The Planning Commission reviewed Planning Case 08~005 and recommends approval (6~O) of the Preliminary and Final Plat based on the findings of faet and the submitted plans as amended by the following nine conditions: 1. Final grading, drainage, utility, and erosion control plans for the property shall be subject to review and approval by the City's Public Works and Engineering DepaI1ments, and the Rice Creek Watershed District prior to the issuance of building or grading pern1its. 2. The projeet shall be subject to City Erosion Control permits. 3. The utility plans for each lot shall be subject to approval by the City Engineer and Public Works Direetor prior to the issuance of any building permits. 4. Easements shall be granted to the City, subject to review and approval of the City's Public Works and Engineering Departments, for all public utilities, prior to the issuance of any building permits. 5. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, NPDES, Ramsey County, the Metropolitan Council, the State of Minnesota Department of Natural Resources and any other goveming agencies where applicable prior to the issuance of any building permits. 6. The park dedication requirement shall be fulfilled by completing the following: a. The applicant shall construct an eight foot concrete pathway along Gateway Boulevard to standards set by the City Engineer and Public Works Director. The applicant shall be responsible for all site preparation, grading, relocation/replacement of City signs, site restoration, and other work related to \\;\lcrro-iIlCf.us!ardel1hillsiP/oI/Jlillg:P/ol1l1illg Ca.H's12008\OS-005 fi"(JI'e/"se Prelim/l/ol)' & Filla{ Pia! olld Vacafio/l (PC ApprOl'Cilj',O.J2b'08- CC Report ^ ]i-{l\'('J'S(, Plal,doc Page 60f7 the pathway. The applicant shall provide a warranty and security for 125% of the cost of improvements prior to the issuance of any permits for the property. The warranty and security shall be subject to City Attorney approval. b. The applicant shall construct on~site pathway improvements as proposed in their March 20, 2008, plan. The applicant shall submit engineered plans for City Planner and City Engineer approval prior to the issuance of any permits for the property. The on~site improvement plans may be modified subject to City Planner and City Engineer approval provided the changes do not reduce the value of the proposed improvements. 7. Vacating the existing drainage and utility easements shall require approval from the City Council prior to the execution of the Final Plat. 8. Temporary easements for the existing utilities on site shall be granted to the City by the applicant until permanent easements have been recorded. The temporary easements shall be subject to City Attorney and City Engineer approval prior to the execution of the final plat. 9. A maintenance agreement for the stonn water pond, written by the City Attorney, shall be signed by the property owner prior to the issuance of any building permits. Options 1. Approve the proposal as submittcd. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. Deadline for Agency Actions The City of Arden Hills received the completed plat application for this request on February I, 2008. Pursuant to Minnesota State Statue 462.358 Subd 3b, the City shall approve or disapprove the plat within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agrecd to by the applicant. The City must make a final decision on the application no later than May 29, 2008. Attachments A - Draft Planning Commission Minutes B - Preliminary Development Agreement C - Park Dedication Letter and Plans D - Plat Map and Surveys \Ufcrro-illel.lIs\(l/,(/cnhills\P/tII/lIing\P/fIIlllillg Cascs\2008\OS.005 hal'cl:w' Preliminol)' & Filial Plaf alld Vacatio/1 (PC ApprOl'cdJi04280S- CC Rcpol"l - Jim'crse P/or.doc Page 7 01'7 Attachment A Draft Planning Commission Meeting Minutes From March 5, 2008 April 28, 2008, City Council Meeting March 5, 2008, Planning Commission Meeting DRAFT Meeting Minntes A. PLANNING CASE #08-005 - PRELIMINARY & FINAL PLAT: TRAVERSE BUSINESS CENTER- PUBLIC HEARING Ms. Beekman reported that the applicant submitted a preliminary and final plat to combine five parcels into one in the Traverse Business Center Plat. She then provided background information and said Staff is recommending approval of the Preliminary and Final Plat of the Traverse Business Center subject to the following nine conditions. 1. Final grading, drainage, utility, and erosion control plans for the property shall be subject to review and approval by the City's Public Works and Engineering Departments, and the Rice Creek Watershed District prior to the issuance of building or grading pel111its. 2. The project shall be subject to City Erosion Control permits. 3. The utility plans for each lot shall be subject to approval by the City Engineer and Public Works Director prior to the issuance of any building permits. 4. Easements shall be granted to the City, subject to approval of the City's Public Works and Engineering Depm1ments, for all public utilities, prior to the issuance of any building permits. 5. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, NPDES, Ramsey County, the Metropolitan Council, the State of Minnesota Department of Natural Resources and any other governing agencies where applicable prior to the issuance of any building permits. 6. The applicant shall pay a park dedication fee. The fee shall be determined by the City Council, and shall be paid in full prior to the execution of the Final Plat, or the property owner shall enter into an agreement for a payment plan that is in accordance with Section 1130.08 Subd. E of the City Code. 7. Vacating the existing drainage and utility easements shall require approval from the City Council prior to the execution of the Final Plat. 8. Temporary casements for the existing utilities on site shall be granted to the City by the applicant until permanent casements have been recorded. The temporary easements shall be subject to City Attorney and City Engineer approval prior to the execution of the final plat. 9. A maintenance agreement for the stom1 water pond, written by the City Attomey, shall be signed by the property owner prior to the issuance of any building permits. Chair Larson opened the floor to Commission questions. Commissioncr I-1olewa inquired about the location of the parcels. Ms. Beekman demonstrated the location of the parcels and the easements. Commissioner Modesette arrived. Chair Larson inquired if they will be vacating the sanitary sewer system easement. Ms. Beekman stated that it would be vacated. Chair Larson stated the street will be vacated and the applicant will retum with the proposal for the plats for the parcels. Ms. Bcekman stat cd the applicant will return to the City for building permits, but this will be the last opportunity for the Planning Commission to review the plat. Chair Larson inquired if it would be re~platted into parcels when the development occurs. Ms. Beekman stated that at this point there aren't plans to subdividc it agaIn. Commissioner Sand inquired about outlet A and outlet Band if they are for the advertising signs. Ms. Beekman stated that they were. Chair Larson opened the public hearing at 6:40 p.m. Chair Larson invited anyonc for or against the application to come forward and make comment. Chair Larson closed the public hearing at 6:41 p.m. Commissioner Stodola moved, seconded by Commissioner I-1olewa, to recommend approval of Planning Case 08~005 for a Preliminary & Final Plat for the Traverse Business Center based on the findings of fact and the submitted plans, subject to the nine conditions as listed in staffs March 5, 2008 report. The motion carried unanimously (6~0). This Planning Case will be reviewed at the Monday, March 3], 2008, City Council meeting. Attachment B Preliminary Development Agreement April 28, 2008, City Council Meeting PRELIMINARY DEVELOPMENT AGREEMENT TRAVERSE BUSINESS CENTER CITY OF ARDEN HILLS PC NO.: 08-005 1.0 Parties. This Preliminary Development Agreement is dated the 28'11 day of April, 2008, and is entered into by and between the City of Arden Hills, a Minnesota statutory city ("City"); and CMK Arden Holdings, A Minnesota Limited Partnership, a Minnesota limited partnership, its successors and assigns ("CMK"). 2.0 Recitals. A. CMK is the fee owner of the following described property situated in Arden Hills, Ramsey County, Minnesota ("Property") which will be platted as Lot 1, Block 1, Traverse Business Center: (See Exhibit A) B. On October 29, 2007, the City approved a Planned Unit Development Permit ("PUD Permit") for the Property, as contained in PC No. 06~040. The PUD Permit has not been amended and remains in effect as originally approved. C. Section 3.0 (B)(5) of the PUD Permit required CMK to replat the Property. D. Section 3.0 (B)(1) of the PUD Permit anticipates a phasing schedule for the development of the Property and Section 2.0(C) of the PUD Permit indicates that each phase will require its own Development Agreement. This Preliminary Development Agreement is not intended to be, nor shall be construed as, the final Development Agreement for any of the development phases. E. The process of issuing a Preliminary Development Agreement is a departure from the usual provisions of the City's Platting Regulations and is being followed because CMK has not yet finalized the location of the utility easements which would typically have been dedicated on the plat of Traverse Business Center. 3.0 Planning Commission Review and Recommendations. On February 1, 2008, CMK submitted an application for the Preliminary and Final Replatting of the Property ("Replatting Application"). On March 5, 2008, after reviewing the Replatting Application, the reports and comments of the Arden Hills staff and its consultants, and the comments of CMK; the Arden Hills Planning Commission recommended an approval of the Replatting Application subject to certain conditions. 4.0 City Council Review, Findings, Approval. On April 28, 2008, the Arden Hills City Council reviewed the Replatting Application, the reports and comments of its staff and consultants, and the comments of CMK; and approved the Replatting Application subject to the following conditions: A. Prior to execution of the final plat, CMK shall convey temporary utility easements for portions of the current easements which will be vacated pursuant to the provisions of Section 5.0 and 6.0 hereof. The form of the easement shall be approved by the City Engineer and the City Attorney. CMK shall pay for all costs incurred by the City to prepare and/or record such temporary utility easement. B. Prior to the issuance of any building permits or grading permits, CMK shall: 1. Prepare final grading, drainage, utility and erosion control plans for the Property which shall be subject to review and approval by the City's Public Works and Engineering Departments and the Rice Creek Watershed District. 2. Obtain an erosion control permit from the City and comply with the terms of the permit. 3. Submit utility plans for each lot which shall be subject to approval by the City Engineer and Public Works Director. 4. Convey public utility easements to the City, subject to review and approval of the City's Public Works Director, Engineer, and Attorney. 5. Obtain all necessary permits from the Rice Creek Watershed District, NPDES, Ramsey County, the Metropolitan Council, the State of Minnesota, the Department of Natural Resources and any other governing agencies where applicable. 6. Execute a storm water pond maintenance agreement as prepared by the City Attorney. 5.0 Vacation of Easements. Concurrent with the approval of the Replatting Application, the City shall adopt a resolution vacating the easements described in the following documents as recorded with the Ramsey County Recorder: 2479184, 1719279, 1832660, 1585079, and 2358302. The resolution vacating the utility easements described herein shall not 1 be effective until temporary utility easements are conveyed subject to review and approval by the City Engineer and City Attorney. 6.0 Vacation of Street. Concurrent with the approval of the Replatting Application, the City shall adopt a resolution vacating the following public right~of~way: All of 3'd Ave. NE and 13th St. NE as dedicated in the plat of the northeast corner addition according to the recorded plat thereof, Ramsey County, Minnesota. The resolution vacating the streets described herein shall not be effective until temporary utility easements are conveyed subject to review and approval by the City Engineer and City Attorney. 7.0 Park Dedication Requirement. CMK shall satisfy the City's park dedication requirement in the following manner: A. On~Site Improvements. Prior to issuance of occupancy permits, CMK shall construct an on~site pathway improvement as proposed in its March 25, 2008 plan. The estimated cost of the on~site improvement is $153,400. On~site pathway improvement plans shall be reviewed and approved by the City Planner and the City Engineer. The form of the temporary easement shall be approved by the City Attorney. The on~site pathway improvement plans may be modified by the City Planner and the City Engineer, provided that such modifications do not reduce the value of the on~site improvements. B. Gatewav Boulevard Improvements/Securitv. Prior to the issuance of occupancy permits, CMK shall construct an eight (8) foot concrete pathway along Gateway Boulevard pursuant to plans and specifications reviewed and approved by the City Engineer and Public Works Director. CMK shall be responsible for all site preparation, grading, relocationlreplacement of city signs, site restoration, and other work related to the pathway. The estimated cost of the Gateway Boulevard pathway improvements is 126,600. CMK shall provide a one year warranty for such improvements security in the form of cash or a letter of credit equal to 125% of the estimated cost of the Gateway Boulevard pathway improvements. The form of security shall be approved by the City Attorney. 3 IN WITNESS WHEREOF, the above~named parties have hereunto set their hands. CITY OF ARDEN HILLS By: Stanley D. Harpstead Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2008, before me, a notary public within and for said county, personally appeared Stan Harpstead, to me known to be respectively the Mayor 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 the City of Arden Hills. Notary Public 4 CMK Arden Holdings A Minnesota Limited Partnership, A Minnesota Limited Partnership By: Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF ) , 2008, before me, a notary said county, personally appeared , to me known to be respectively the of the CMK Arden Holdings A Minnesota Limited Partnership, A Minnesota Limited Partnership, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of CMK Arden Holdings A Minnesota Limited Partnership, A Minnesota Limited Partnership. On this _ day of public within and for Notary Public Anreement-Traverse Business Center.v6 5 Attachment C Park Dedication Letter and Plans April 28, 2008, City Council Meeting ,1 .., LL. .... " e'~~~~~ " . . ." w . . . . :A. . . . . . '-riO' 'U) .~.~i~-: @i';' 0 (f) (f) Z -' "' ro u 0 -' l- I- ,. W ~ " I <( Z Z Z l- I- I- ,~ I- ~ <( '" ~ W W W Z Z Z Z Z ,~ I- ,. " W W Z Z W 0::: " " " " " W W W W w 0::: z " " " " " " " " I- w I- w w w " " " " " " on on on w w w w w " " U <.9 ~ on on "' "' W W 0 <.9 =< ~ =' =' "' "' "' W =< "' =' =' =' =' ~ ~ W "' Z <r <r <r "' "' ., "' ;i =< =< ~ l- I- I- <r <r <r <r (f) =< l- I- I- <r <r W l- I- l- I- I- 0 0: ~ (f) (( (( I- ~ ( 0.. ---l X 0 ~ W 0::: t,l 0.. , , i ! I '''CC0,"'0''''''~ fi ~ f), ~. ;0 lli ~, --- ~ - - ..::; -- ....,. ;:'lc:';~""i:W" .c::o;X;,."""O,'-,,- ... ~ . . . ,;'!" w'Jt ,. CHESAPEAKE Received APR c 0 ~c.c<) .'J ~i ,-~UUlJ City of Arden Hills April 22, 2008 Mayor of Arden Hills Members of the Council City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: TRAVERSE BUStNESS CENTER Park Dedication ... Revised Dear Mayor and Members of the Council: CMK Arden Holdings is continuing work to complete Final Plat Approval for the TRAVERSE BUSINESS CENTER. We had previously submitted a Park Dedication proposal on March 25, 2008, which outlined two scenarios. 'rhe first included a public trail casement around the site with a wood chip trail, the second scenario took into consideration the potcnlial user ofthis site may have security requirements and as such eliminated the trail casement but provided i()r a S14,000 payment to the City of Arden Hills. It is our understanding the City and the PTRC would prefer a sidewalk along Gateway Boulevard in lieu ofthc previolls options submitted. cr\/lK Arden Holdings would be willing to construe! a Sidewalk along the back side of the south curb of Gateway Boulevard from the west end to the cast end and make connections to the existing ITail system. Although an 8' walk has been requested, we bdieve a ()' sidcwalk would meet the needs of the users, minimize hardscape. allow Cor morc green spacc, havc less impact on slope modifications, and still allow for thc City's S' wide plow to service the walk by o\'erhanging the blade on the roadsidc. If this is acceptable t(~ th.: ('ity. th,~ sidewalk \'.'ould be installed at the time the orllec buildings arc constructed and would serve as satlsl~ring park dedication requirements. It is still Ihe intention of CMK Arden Holdings to provide amenities internal to the site, which could include trails and nature areas. The exlcnt and detail of these amenities will be finally determined by the requirements oCthe building occupants. Respectfully submitted, DLM CHESAPEAKE COMPANIES 601 CARLSON PARKWAY. SUtTE 900 - MINNETONKA. MINNESOTA ~;:,305 - 952!847.2444 - CHESAPEAKECOMPANIES.COM Proposed Traverse Trail Easement in lieu of Park Dedication Fees 20 March 2008 Trailway system 2600 lineal ft on site 200 lineal ft off site to tie into existing trail system ent for trail 2600 If ftwide = $3.50 sf = Wood chip trail way 2600 If x 6 ftwide = @ $6.00 sf = Observation Areas 3 @ $15,000 ea = Bituminous Pathway on City Property 200 If x 6 ftwide = @ $12 sf = sf 15,600 sf $93,600 $45,000 1,200 sf $14.400 Total = ~ .It- {f3/'f-Vv ~ o \.) N <j" r--.j ~ () ~ ~ .~ l (j) if) c ~ 0 c;O cij~ ~ o ,... t. - - .- if) ~~ ./ " CJ) (!) '" a; u; L '" :;; ';f.) ....t\b 1.lr-tlt ~Z~ _ i 2: tUJ ~ ....... C ~~~ ( MC;C 8lBlSJalUI ~_.__"..~"J April 28, 2008, City Council Meeting Attachment D Plat Map and Surveys r , TRA VERSE BUS/NESS CENTER KNOW ALL MEN BY THESE P"ESENTS: That ClJ.K Arden Holdings. A Minne~otc Limited Portner~hjp, 0 Minnesota limited partnership, Owner of the following described property situated in ihe City of Arden Hills. County of Romsey, Stole 01 Mirmeseta: Thot part of lhe Northeast Quorter 01 the Southwest Cuerler 01 Section 21. TO.."5hip 3D, Rcno;c 23. Remsey County, Minnesota. described os beginning at the intersection 01 the sCLithwe,lcrly e~tension or the northwesterly line of Lot 21. Block 2, BUTCHERS ALLOTMENT NO. I OF GROUNDS IN SECTION 21 TOWN 30 N. RANGE 23 w. RAIASEY CO. MINN.. according to the recorded plcl thercol, ond the southerly ri;hl-ol-wey litl" of Butcher's Spur; thence soulheosleriy along said southerly ri<;ht-of-woy line of Buteher'~ Spur to the South line of ~oid Nartheast Querter al the Southwe~t OJerter al SeeOon 21; thence westerly olong soid South ITne al the Norlheosl Ouorter of the Soulhwest Quorter of Seetien 21, e distonce el lIB.58 leetlo 0 line 30.00 feet soulhwesterly ef ond porollel wilh e line hereinofter descri~ed os 'Line A" ond iI, soulhee,terly extension; Ihence northweslerly parellel wilh said "Line A" and ils soulheosterly extension, 0 distance el 282.18 feet 10 the southwesterly exlension 01 seid northwesterly line 01 Lol 21: Ihence norlheesleny along seid soulhwesterlyexlen"onollhenorlhwe5terlylineoILOI2Iodislcnce of 205.64 leel 10 Ihe pojnl of beginning i,SceIlJ.Soukup,prOfeSsioncllondsurveyar,doherebycertilyIhatlhovesurvel"'ll:)rdLrectlysuper,;sedthe survey of Ihe protlertydescribed on Ihis plot: prcpcred Ihis plot or direcllysupervisd thepreporolion of Ihi, plot: that this plot i~ 0 correcl represenlation 01 the boundory survey; Ihot oil methemelicol data end labels ore correctly de~ignotcd en this plot: Ihel oil monuments depicted en this plot hove been cerrectly ~et: Ihol 011 weIer boundaries ond wet lends. os defined in Minnesota Slolutes, Seetion 505.01, Sl;bd. 3, es 01 the dole of the surveyor's cerlificelion cre shOlm ond lebeled On this pial: ond eil public "0)'" ere ~ho..n end !obeled on thisp!et. Doted this ~doy ef _________ 2oo__~ ScoltJ.Sovkup,Professiono!LondSu""'l"'r Minnesota Li~ense Ne. !7256 Soid "Line A" is de~cribed o~ follows: Commencing ot the intersection of Ihe seuth..eslerly extensien el the north..eslerly line 01 soid Lot 21 end the so.ulherly right-ol-wey line el SOld BulCher's Spur; Ihence soulhwesterly deng soid southwesterly extension 01 the northwesterly line of LOI 2! 0 distonce 01 175.00 fed te the poinl of beginning 01 Ihe line te be des(:ribed: thence norlhwestcrly 10 0 point On the southweslerly extensien of Ihe northweslerly line of Let 14, Blod !. said BUTCHERS ALLOTMENT NO. i OF GROUNDS iN SECTION 21 TOWN 30 N. RANGE 23 W. RAMS;:Y CO, MINN., <::iSlont 175.00 feet uouthwesterly of Ihe southerly (ight-el-woy line 01 said But(:hers Spur os measured elon9 said extended line, ond there termlnolillg. STATE OF MINNESOTA COU."TY OF H::NNEPiN The feregoing Surveyor's Certificete wes edmowkdged before me this ____ day oj _________ 200__ by Scott J. Soukup, 0 Li~ensed Lend Surveyor. NOlcry Public, ____________ Counly._.____ That pert oj the South..est Oworter of Seclion 21, Township 30 North, Range 23 West, described os 10How:;: My CommiSSion E~pires________~______ Beginning at 0 point ..here the northweslerly line of Let 21 in Brock 2 of BUTCHERS ALLOTMENT t.O. I OF GROl;,'lDS IN SECTION 2! TOWN 30 N. RANGE 23 W. RAMSEY CO. MINN. cxtended in 0 sowthweslerly directien inlersects the sowtherly right-of-..oy line of the But~her's Spur; thellce continuing soulh"e~terly elong sold north..esterly line 01 SOld Lo( 21 e>:tended. 0 distonce 01 175 feel; thencenorlhweslerlyin o:;troight line 628.27 feel loopelnt in thelinecetweenLotsl30nd I~ in Bleck I 01 said BUTCHERS ALLOTMENT NO.1 OF GROUNDS IN SECTION 21 TOWN 30 N. RANGE 23 W. RAMS[Y CO. MINN. exlended in 0 southerly dlreelion, Said point being 175 fect southerly meosured eloll<} soid e>:lended line Irom th" southerly line ollhe right-ef-..oy 01 the Butcher's Spur; thence northerlyelong said extended line 1751eet to the8utcher 'sSpursoutherly right-of-woy lir,e; Ihencc southeoslerly elong the soulheny right-Of-woy line oj Ihe Bulcher's Spur 715.69 leet te Ihe piece 01 beginning. Cily 01 Arden H,ls, Mlnne~oto Wo de horeby cerlily Ihot On Ihc _ <::oy 01 _____ 200__ Ihe City Council of tho City 01 Arden Hi:ls, Minnesota, opproved this plot. Also, the conditions oj Minr.esote Slotute", Secticn 505_03. S"bd 2.. hove been julfi:l~d. ____________~_ , Mayor ,Clerk That pert of Ihe Minneseto Trons!er Roiiwoy Compeny right-of-wey es described in Book 414 Deed,. Pege 340. I)l.ng eoslerly 01 lhe eoslerly rig.~t-of-..oy of !nterstote Highway no. 35W os deserlbed in Document No. 1708007 end lying northeny of Iho northerly righl-ef-..oy line o! Interstate 594 os descrObed in Book 2083. Poge 459, cs Do~ument No. 1703802, Ramsey County, Minneseto. Lot I, B!ock I. Lol t, elo~k 2, and Lot I, Slack J, NORTHEAST CORNER ADDITION, according to the recorded pi'll thereol, Romsey Ceunty. MinneSOle, excepl Ihot pert des~ribed es follows: Deportment of Property Roco'ds cnd Revenue Tnot porI o! Lot I, eio~k 2, NORH;[AST CORNER ADDITION. cccording 10 thc recorded plct thereol. Ramsey Counly, M'nnesolo. described os commencing at Ihe sculheosl eorner a! 0,,1101 A. soid NORTHEAST CORNER AODITION: thence on on assumed becring 01 South 79 dcgrees to minutes 24 seconds Eest, clong Ihe southerly line o/seid Lot I e distcr.ce a! 177.87 feet to en ong!epoinl in said ~oulhcny line olLol I said ongle peint being Ihe point of beginning of Iheporcel 10 be descnbed: thence cootinulng South 79 degrees 10 minutes 2.; seconds Eest a d,slence 01 4.01 feet to seid southerly line 01 lot I: lhen~e Nerth 87 degrees II minutes 35 seconds West, 010n9 said so.utherly line of Lot I. 0 Cis t ence of 3.80 leet to en ong~e point in soid ~oulhedy line oj lot I: thence North 14 degrees 12 minutes 16 seconds We~t. o~ong the southerly line 0/ said Lol I, 0 dislOnCe of 0.59 leet to thepoinl 01 beginning. Pursuonl 10 Minne.oto Stotutes, Section 505.021. Subd. 9, loxes peyoble in thc )'eor 200__ on Iho lend hereinbelore de.cr;bcd hove beer: paid. Also. pursuent to Minnesote Stotules, Seclien 272,12, Ihere e'e no delinqu~nt to.es ond transfer entered Ihis ____ day of ~______ , 200_. . Director Deportmenl of Property Records or.d Revenue By __.___.______ , D~puty Hes caused Ihe seme to be survey<rd end plotted es TRAVERSE BUSINESS CENTER end dees hereby dcdicate 10 the public lor public use forever the Droinoge and Utility Easements os shown en this plot. CountySurveycr I hereby certify that this plot complies wilh Ihe requiremcnts 01 Minne~olo Stolules, Seclion 505.021, ond IS eppwved pursuenl to Minnesolo Stolues, Sedion J83A.o:2, this ____ <::oy of __________ , 200__. ~-idO:-C;;WOOI, P.L.5.":"-R-;;'~y County Surve~r In ..itne.. ..hereef said CMK Ard~n Holdings, A Minnesola Limited Partnership, e Minnesole limited partnership, hes COw sed lhese presents to be signed by its proper oHicer this _____ dey 01 __________ 200__ Signed: Chesapeake Portners 01 Minnoepolis. Inc., Generol Portner County Recorder, Ceunty of Ramsey. Stote of Minnesota ils __________ ! hereby ~ertijy (het this plot 01 TRAVERSE 8U~NESS C:J'o'TER ..os filed in the affi(:e of the Counly Recorder lor pub!ic re~ord 00 thi, _ day of ,200_ , at _ e'c1ock __' M. and ..es duly liled in Book __ el Plots. Pege, __ ond _, es Document Number STATE OF ______ COt..'NTY 0, Dopuly County RecVloer The /orcgoing inslrument ..os c~knowiedged belore me this _ day of 200_ by ---~_ ____ 0/ Cesepeeke POrlners of MinneotloJis, Inc.. Ihe General Pertner 01 CMK Arden Holdings, A Minnesolo Limited Pcrtnership, 0 Minneselo limiled porlner:;."'p, or: behelf of the compcny. NoloryPublic.___County, My Commission E.piro~_____________ SHEET / OF 2 SHEETS II !iI!I:il2/Ji r~ , ~- ,Cl.t<D R,<U$EY C(UjTY C:1.I; , w. 1/4 CORNc:.~ Of Q:C. 21, I HI?,3.0, RC<.. 23 : """~" '~'"^'''"m'" ~ ;i "'~,':~::'~:'wn"-:'-;w~c"-/r~o>-=il - l";;h ~~HC"C"~ I 1 i'''~:''~;T,;r--r1 "~~~-J 1 1 ALLor,IEln ~O'I ' \I: ~ \ ,i 1 ~~ BurCHERS ~ "n.I:1 301' ~I' ~_--I-U"</'.I..'i!.'.J.u, /tiT/{ THCE1rUN<CE ~~ ~c I <';'P":'fII'1' - :.-- lOrll:8u(IB'JTatmSAl.lOf'Ol~Nr...~;...~ 0'1;;,.... l': NO. Icr~sNS[CnCW21 ,<::"I"'c SEcnON.... . r- ~g . 'OItNJON.R~2.JII'R..wsnCl:l ~~ <:I GR"U~PS \~~, I 0:0 \. . I ' ~ ~ .",-' I ~ -, -' :~ : · ~.W . v, ~:, :~ ,:;, I i~~ I co 1~j,\\~~'~F: ~ I ,0" ~U ~~ ')~ >. I R4lst:i c~. . -'''\-" "if - / 1 _,,,.r GE. 23 W. 1--10:_1 ~ ,l r ~ ,1J~.4 C:~:ty l;,>f (Y BuTCX!RS AuOn;tNT "0. I I <...C") ~, .... . . ~ ~ I I crCRaM:lSL'ISECn0N2/ TOIt/o'JON. '..... J-/~/ I . 2400. ".q,. ~ . I~~: I \ R.wct: 2J II' HAUSEY CO 1M-iN I [:;r I .1-.... ~) h 'i\~: I" ~- '. 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'-rCViORA\lsrrCCV<TYca.l: SWC~,,[Ror~C. 21. 1W?J0.RCE.1J 11M'S['!' lXVlrr COO'!()'f.lAT~S N"-D 'I!.J bS~I,gl~YwI9977!.o.U6 TRA VERSE BUS/NESS CENTER JJI SCALE: I INCH '" 100 FEET o 100 200 100 SCALE '" FEET VlONITY MAP SEC.2I,T,30.R.23 -------- -- -, "'.......- DeTAIl. 8 (NO SCALE) ............, /. 1 ".,\6 1 1 ' ~N7g'I02 ~I~g '"iI;} , \ I "'I7?Q;>..~"!, .......0 141.118 1 \ : ,,+ .J.QO ...:' ..NQ7'II'.J$"Ir' I " ~ I,' li-SJ'II'J$"/t' 7.J1. n / ............ : ~o:qpJlON ........./ ....'------------ ..,'" r <~, ":5- ~'O ~CAll c" (~" ~~ , c" / / , u " . LOCAl(O IIj PART a- TIlE: sw I/~ or Q:C- 21, T.ZoO.~. n NORTH or I>lTERST1ITE HWY ~94 ....<;0 (AST or NTrRST1ITE HWY ~~w / / >. / Co'" o , " / / , , ~ , ~ . ~ . , . " . , BENel, ~ARK: Ail elevations refu to the top of top nut of fire h)-"drel1t (TNlJ) Devotion ~ 897.95 feet (N.C.V.D. 1929) " ~ " , " < u , o ~~~~l;S 1')11~ l~g~N~r ~~.INI~~51~ON PIP[ SET -um . 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