HomeMy WebLinkAbout7D, Planning Case 08-005
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Request for Council Action
Prepared By: James Lehnhoff, City Planner
Meagan Beekman, Planner I
Council Meeting Date: July 14, 2008
Preliminary and Final Plat of the Traverse Business Center
CMK Arden Holdings (Chesapeake)
Northwest Corner of Interstates 694 and 35W
Budgeted Amount:
$0.00
Actual Amount:
$0.00
Funding Source:
Recommendation:
Approve Planning Case 08-005 for a Preliminary and Final Plat for the Traverse Business
Center based on the findings of fact and the submitted plans as amended by the ten
conditions in the July 14, 2008, Report to the City Council.
Authorize Staff to Complete Negotiations and Execute the Preliminary Development
Agreement Based on the Draft Agreement Provided in the July 14, 2008, Report to the City
Council.
.............................................................................................................nnn..............................................................................................................................................................................................................................................................................................................................................................................................
Supporting Documents:
1. Planning Commission Minutes - March 5, 2008
2. On-site Improvements Concept and Estimated Cost
3. Draft 2030 Comprehensive Plan Parks and Recreation Map
4. Preliminary Development Agreement
5. Plat Map and Surveys
~
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MEMORANDUM
DATE: July 14,2008
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
CMK Arden Holdings
Northwest Corner of Interstates 694 and 35W
Requested Action
Approve Planning Case 08-005 for a Preliminary and Final Plat for the Traverse Business Center
based on the findings of fact and the submitted plans as amended by the ten conditions in the July 14,
2008, Report to the City Council.
Authorize Staff to Complete Negotiations and Execute the Preliminary Development Agreement
Based on the Draft Agreement Provided in the July 14, 2008, Report to the City Council.
Back!!round
On October 29, 2007, the Arden Hills City Council approved the Final Planned Unit Development
(PUD) permit for 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 comer
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 (Attachment E). The full set of plans presented at the March 5, 2008,
Planning Commission meeting is available online at www.ci.arden-hills.mn.us/planningcases or at
City Hall.
City of Arden Hills
City Council Meeting for July 14, 2008
\ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) \071408 - CC
Report - Traverse Plat.doc
Page 1 of8
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 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 Reauirement
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 2001. The total market value of the land
according to Ramsey County in 2008 is $3,932,000, which would allow for a maximum park
dedication fee of $393,200.
While the City does have regulations for setting the maximum park dedication fee, State Statutes
(462.358 Subd 2.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 of the buildable land, as defined by
municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for
public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage
and holding areas or ponds and similar utilities and improvements, parks, recreational
facilities, playgrounds, trails, wetlands, or open space
2. In establishing the portion to be dedicated or preserved or the cash fee, the City shall give
due consideration to the open space, recreational, or common areas and facilities open to the
public that the applicant proposes to reserve for the subdivision.
3. The municipality must reasonably determine that it will need to acquire that portion of
land for the purposes 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 must be an essential nexus between the fees or dedication imposed and the municipal
purpose 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 of a dispute over a proposed fee in lieu of
dedication before the municipality's final decision on an application, a municipality must not
City of Arden Hills
City Council Meeting for July 14, 2008
\ \Metro-inet.us\ardenhills\Planning\Planning Cases \2008 \08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) \071408 - CC
Report - Traverse Plat.doc
Page 2 of8
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.
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."
Park Dedication Proposal
The current park dedication proposal is in two parts: private on-site improvements and a new
public pathway along Gateway Boulevard.
Part 1 - The purpose of the on-site improvements is to help offset the impact on the
City's park and recreation system from this development. Since a tenant has not yet
been selected, the final plans for on-site improvements have not been finalized in
order to provide flexibility for a future tenant. Allowing flexibility for the on-site
improvements will make it possible to customize the amenities to fit a particular
tenant's needs. Instead of approving a particular plan, CMK is proposing to construct
at least $153,400 worth of on-site recreational improvements as part of Phases 1 and
2 of the development. The on-site improvements would not be required to be open to
the public. Since construction may not occur in 2008, the preliminary development
agreement does include a provision that increases the value of the required on-site
improvements by three percent each year.
To help provide context for the type of improvements that may occur at the above
value, a concept plan was submitted (Attachment B). The concept plan includes
2,600 feet of on-site paths and observation points. Prior to construction, the on-site
recreational amenities plan will be subject to City Planner approval before the
issuance of any permits, which is meant to ensure that the required value of
improvements is constructed and spent on park and/or recreational amenities.
Part 2 - In addition to the on-site improvements, CMK will construct a six foot wide,
"-' 1 ,900 foot long concrete pathway along the south side of Gateway Boulevard, which
is in accordance with the draft 2030 Comprehensive Plan and the 2002 Parks, Trails,
and Open Space (PTOS) Plan (Attachment C). The proposed path would be
accessible to the existing City trail on the east side of the property and to a future path
on Round Lake Road that would likely be built when Round Lake Road is
reconstructed. The path along Gateway Boulevard would be constructed in City
right-of-way and would become a City owned and maintained pathway. The City
Engineer and Public Works Director have reviewed the proposed public pathway,
visited the site, and are in support of the proposal.
City of Arden Hills
City Council Meeting for July 14, 2008
\ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) \071408 - CC
Report - Traverse Plat. doc
Page 3 of8
The City would typically require an eight foot wide pathway; however, the
topography of the site would make it impossible to construct an eight foot wide
pathway unless retaining walls are used. Not only would retaining walls add
significant cost, they would become the City's responsibility to maintain and replace
along with the sidewalk in the future. Therefore, upon review of the topographic
data, the sidewalk width requirement has been reduced to six feet. The final
construction plans are still subject to Staff approval.
Although the City would own and maintain the integrity of the pathway, CMK or
subsequent property owners would be responsible for snow and ice removal.
The preliminary development agreement includes a provision that if environmental
contamination is found in the City right-of-way during sidewalk construction, the
City and CMK would need to renegotiate that portion of the park dedication
requirement (the on-site improvements would not be impacted). This provision was
requested by CMK because soil contamination was present on their property, which
has since been remediated. If soil contamination was found, remediation to continue
construction could add significant cost to the project. Staff made a request to URS to
review the construction records for Gateway Boulevard. According to the records,
the land adjacent to Gateway Boulevard was graded in preparation for a future
pathway, and there were no indication of contamination in the pathway location.
The estimated cost of the pathway is $126,600 (this price includes grading and
restoration), which has been reviewed by the City Engineer. Since construction may
not start in 2008, the preliminary development agreement includes a provision that
requires the pathway to be completed even if the cost increases above $126,600.
Total Park Dedication Proposal Value
The estimated value of all proposed improvements for the park dedication requirement is $280,000.
The PTRC reviewed the proposal in April, and they are in support of the pathway along Gateway
Boulevard. The PTRC does not have an objection to the private on-site improveme~ts.
It is important that CMK sufficiently offset the park and recreational needs created by their
development; however, based on the City's regulations, State Statutes, and comments from the City
Attorney, Staff is agreeable with the CMK proposal. It is important to note that the City cannot deny
the plat if there is not agreement on the park dedication proposal. If an agreement cannot be reached,
the City can set the requirement with the plat approval, and CMK must deposit the value of the
improvements into an escrow. CMK would then appeal the City's decision to district court.
Preliminary Development A!!reement & An Additional Condition
City of Arden Hills
City Council Meeting for July 14, 2008
\ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) \071408 - CC
Report - Traverse Plat. doc
Page 4 of8
The draft preliminary development agreement outlines the requirements of the approved Final PUD;
the final specifications for all grading, utilities, drainage/stormwater provisions; the performance
guarantees; and other city requirements to ensure that the development is implemented as the Final
Plat and PUD were approved (Attachment D). All grading, utility, and stormwater work are subject
to City review, inspection, and approval. The City Attorney prepared the agreement; however, the
final review from CMK was not available in time for the release of this report. The City Council can
authorize Staff to complete negotiations on the preliminary development agreement. If there are
substantial changes from the draft preliminary agreement provided with this memo, Staff would
bring the revised agreement back to the City Council for approval.
Staff is recommending one additional condition not discussed at the Planning Commission review.
Staff has included condition number ten, which would require the property owner to keep the
proposed pathway clear of snow and ice. CMK has agreed to the condition.
Findin2S of Fact
The Planning Commission offers the following thirteen findings of fact for review:
Zoning Code Findings:
1. A Final PUD has been approved for this project.
2. Condition five of the Final PUD requires the property 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
vanances.
Subdivision Ordinance Findings:
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 property owner.
7. The parcel is adjac~nt to the public right-of-way and capable of supporting a separate
driveway.
8. The necessary drainage and utility easements have not yet been determined, but will be
required as part of the site plan review for Phase One of the PUD Permit.
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 construct $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.
City of Arden Hills
City Council MeetingforJuly 14,2008
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) 1071408 - CC
Report - Traverse Plat.doc
Page 5 of8
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 review.
13. No subdivision variances are required for this application.
Recommendation
The Planning Commission reviewed Planning Case 08-005 and recommends approval (6-0) of the
Preliminary and Final Plat based on the findings of fact 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 Departments, and the
Rice Creek Watershed District prior to the issuance of building or grading permits.
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 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 governing agencies where applicable prior to the
issuance of any building permits.
6. The park dedication requirement shall be fulfilled by completing the following:
a. Prior to the issuance of occupancy permits, the applicant shall construct at least
$153,400 worth of qualifying on-site recreational and pathway improvements.
Qualifying improvement may include pathways, benches, parks, athletic
facilities, and other recreational amenities deemed appropriate by the City
Planner and Public Works Director or their designee. Wetlands, landscaped areas,
and other open areas not available for recreational purposes shall not be
considered a qualifying expense. The applicant shall submit on-site improvement
plans for City Planner and City Engineer approval prior to the issuance of any
permits for the property. CMK shall provide proof of qualifying expenses upon
request from the City for evaluation purposes. If construction does not occur by
the end of 2008, the minimum value of improvements shall increase by three
percent per year starting on January 1, 2009.
b. Prior to the issuance of any occupancy permits, the applicant shall construct a six
(6) foot wide concrete pathway along the south side of Gateway Boulevard to
standards set by the City Engineer and Public Works Director ("Pathway"). The
Pathway may be immediately adjacent to the backside of the curb. Location of
the Pathway shall be reviewed and approved by the City Engineer and Public
City of Arden Hills
City Council MeetingforJuly 14,2008
\ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) \071408 - CC
Report - Traverse Plat.doc
Page 60f8
Works Director prior to the issuance of any building permits. CMK shall be
responsible for site preparation, grading, relocation/replacement of City signs,
construction of the Pathway, and site restoration related to the Pathway
("Pathway Improvements"). CMK shall be responsible for repairing any damage
to Gateway Boulevard to City standards that occurs during construction of the
Pathway. Prior to the approval of the development agreement by the City, CMK
shall provide a cost estimate for the Pathway Improvements. CMK shall provide
a one year warranty for the Pathway Improvements and a financial surety equal to
125% of the estimated cost of the Pathway Improvements. The form of security
shall be subject to the reasonable approval of the City Attorney. The City shall
be responsible for general maintenance of the pathway located in City Right-of-
Way' once the one year warranty has expired. The City shall provide CMK with a
temporary construction easement in the City right-of-way for the duration of
construction that shall be subject to City Attorney approval.
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 storm water pond, written by the City Attorney, shall be
signed by the property owner prior to the issuance of any building permits.
Staff recommends the addition of condition number ten:
10. The Traverse Property Management shall be responsible for all snow and ice removal.
The snow and ice shall not be deposited onto Gateway Boulevard under any
circumstances.
Options
1. Approve the proposal as submitted.
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 Aeencv Actions
The City of Arden Hills received the completed plat application for this request on February 1, 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
City of Arden Hills
City Council Meeting for July 14, 2008
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Report - Traverse Plat. doc
Page 7 of8
ordinance by the applicant to the municipality, unless an extension of the review period has been
agreed to by the applicant.
The applicant has submitted a letter extending the City's review deadline to July 30, 2008.
Additional review time would require approval from the applicant.
Attachments
A - Planning Commission Minutes - March 5, 2008
B - On-site Improvements Concept and Estimated Cost
C - Draft 2030 Comprehensive Plan Parks and Recreation Map
D - Preliminary Development Agreement
E - Plat Map and Surveys
The full documentation presented at the March 5, 2008, Planning Commission is available online at
www.ci.arden-hills.mn.us/planningcases or at City Hall.
City of Arden Hills
City Council Meeting for July 14, 2008
\\Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-005 Traverse Preliminary & Final Plat and Vacation (PC Approved) \071408 - CC
Report - Traverse Plat. doc
Page 8 of8
Attachment A
July 14, 2008, City Council Meeting
Planning Commission
Meeting Minutes
From March 5, 2008
March 5, 2008, Planning Commission Meeting
DRAFT Meeting Minutes
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 permits.
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 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 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 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 storm water pond, written by the City
Attorney, shall be signed by the property owner prior to the issuance of any
building permits.
Chair Larson opened the floor to Commission questions.
Commissioner Holewa 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 return with
the proposal for the plats for the parcels. Ms. Beekman stated 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 subdivide it
agaIn.
Commissioner Sand inquired about outlet A and outlet B and 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 anyone 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 Holewa, 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 31, 2008, City
Council meeting.
Attachment B
On-site Improvements Concept and
Proposed Pathway
July 14, 2008, City Council Meeting
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Attachment C
Draft 2030 Comprehensive Plan Parks and
Recreation Map
July 14, 2008, City Council Meeting
~
~~ILLS
DRAFT
Figure 9.2
Existing Pathways
- ArdenHillsPathway selection
Roads
Parks and Public Open Spaces
Potential Additions to Park System
Does not include future TCAAP related trails
This map is in draft format and subject to
change prior to adoption.
Printed: June 10,2008
Source: City of Arden Hills
2030 Comprehensive Plan Update
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Attachment D
July 14, 2008, City Council Meeting
Development Agreement
PRELIMINARY DEVELOPMENT AGREEMENT
TRAVERSE BUSINESS CENTER
CITY OF ARDEN HILLS
PC NO.: 08-005
1.0 Parties. This Preliminary Development Agreement is dated the 14th day of
July, 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 July 14, 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 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 3rd 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 the issuance of occupancy permits, the
applicant shall construct at least $153,400 worth of qualifying on-site
recreational and pathway improvements. Qualifying on-site recreational
and pathway improvements may include pathways, benches, parks,
athletic facilities, and other recreational amenities deemed appropriate
by the City Planner and the Public Works Director or their designee.
Wetlands, landscaped areas, and other open areas not available for
recreational purposes shall not be considered a qualifying improvement.
The applicant shall submit on-site improvement plans for City Planner
and City Engineer approval prior to the issuance of any permits for the
property. CMK shall provide proof of qualifying improvements and
associated expenses upon request from the City for evaluation purposes.
If construction does not occur by the end of 2008, the minimum value of
improvements shall increase by three percent per year starting on
January 1, 2009.
B. Gateway Boulevard Improvements/Security. Prior to the issuance of any
occupancy permits, the applicant shall construct a six (6) foot wide
concrete pathway along the south side of Gateway Boulevard to
standards set by the City Engineer and Public Works Director
("Pathway"). The Pathway may be immediately adjacent to the
backside of the curb. Location of the Pathway shall be reviewed and
approved by the City Engineer and Public Works Director prior to the
issuance of any building permits. Subject to the limitation set forth in
paragraph 7.D below, CMK shall be responsible for site preparation,
grading, relocation/replacement of City signs, construction of the
Pathway, and site restoration related to the Pathway ("Pathway
Improvements"). CMK shall be responsible for repairing any damage to
Gateway Boulevard to City standards that occurs during construction of
the Pathway. Prior to the approval of the development agreement by
the City, CMK shall provide a cost estimate for the Pathway
Improvements. CMK shall provide a one year warranty for the Pathway
Improvements and a financial surety equal to 125% of the estimated cost
of the Pathway Improvements. The form of security shall be subject to
the reasonable approval of the City Attorney. The City shall be
responsible for general maintenance of the pathway located in City
Right-of-Way once the one year warranty has expired. The City shall
provide CMK with a temporary construction easement in the City right-
of-way for the duration of construction that shall be subject to City
Attorney approval.
C. Snow and Ice Removal. Once the Pathway is completed, snow and ice
removal shall be handled by the Traverse Property Manager. The snow
and ice shall not be deposited onto Gateway Boulevard under any
circumstances.
D. Environmental/Utilities. In the event CMK discovers Public Utilities
("Utilities"), or Hazardous Substances as defined by applicable law,
petroleum compounds, or diesel range organics within that portion of
the right-of-way of Gateway Boulevard which is to be used for the
construction of the Pathway described in paragraph 7. B above
("Contamination"). CMK shall immediately cease construction of the
Pathway upon discovery of the Utilities or Contamination and shall
promptly notify the City. In the event Utilities are encountered, the
City will be responsible for relocation or modification as they deem
necessary. In the event Contamination is discovered, the City shall be
solely responsible for both notifying the Minnesota Pollution Control
Agency ("MPCA") of the Contamination and for developing a remedial
action plan to address the Contamination in compliance with all
applicable laws. Notwithstanding the foregoing, CMK shall have no
obligation to spend more than the estimated cost of the Pathway
Improvements or $126,600, whichever is more. If the City, with the
MPCA's approval, elects to cease construction of the Pathway, the City
shall notify CMK in writing and CMK shall have no further responsibility
to complete construction or installation of the Pathway, other than to
properly abandon and to stabilize the construction site. In the case of
termination of the Pathway construction project, CMK shall work with
the city to identify other park and recreation improvements. In no case
shall the amount of work exceed the estimated cost of the Pathway
Improvements or $126,600, whichever is more.
IN WITNESS WHEREOF, the above-named parties have hereunto set their
hands.
CITY OF ARDEN HILLS
By:
Stanley D. Harpstead
Mayor
STATE OF MINNESOTA )
) SSe
COUNTY OF )
On this day of , 2008, before me, a notary public
within and for said county, personally appeared Stanley D. 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
CMK Arden Holdings A Minnesota Limited Partnership, A Minnesota
. Limited Partnership
By:
Its: President
STATE OF MINNESOTA )
) SSe
COUNTY OF )
On this
within and
, 2008, before me, a notary public
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.
day of
for
said
Notary Public
Agreement-Traverse Business Center.v9-2
Attachment E
Plat Map
July 14, 2008, City Council Meeting
r
~N~W ALL MENlor directly supervised the
limited partnersfj the preparation of this
Ramsey, State fematical data and labels
f been correctly set; that 011
.libd. 3, os of the dote of
~~~tR~~;Je shown and labeled on
extensj()1l ~
SECTION 2!
.and the sQ
right-of-~
Quarter off
Southwest
and parall~
northwestel
to the soul
southwestel
of beginni1
Said "Line 1-----' 200__,
extension d
Butcher's S
Lot 21 a q
north wester
said BUTCH______
CO. MINN.,
Spur os m....___
That port q
follows:
Beginning cj
NO. I OF Q
southweste~
~~;t~inr~~~clouncil of the City of Arden
14 i~ Block~n 505.03, Subd. 2., have
23 W. RAM!
measured d
Spur; then9--' Clerk
right-of-wq
715.69 feet
That part q
Deeds, Pag,
described i~
Interstate ~
Minnesota.
Lot I, Bloc~
recorded pl~
200 on the land
That port ~272~ there are no
Ramsey Coy ,
NORTHEAST
seconds Ea1 Director
said ~outhe'd Revenue
described; t
;~U~~~~I;~~ ' Deputy
thence Nortl
distance of
!5ection 505.021, and is
Has caused the sa~_ , 200__.
the public for publi!
r Surveyor
In witness whereof
has caused these ~
Signed:
Chesapeak .
bf the County Recorder for
__' M. and was duly filed
STATE OF__
COUNTY OF _
The foregoing instru
Inc., the General Pa
partnership, on behc
SHEET / OF 2 SHEETS
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IN
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SEC. 21. T. 30, R 23
..,\~
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.~v
NO SCAl.
......\~
c~......
LOCATED IN PART Of THE SW 1/4
OF SEe. 21, T.3O, R. 23 NORTH OF
INTERSTATE HWY 69-4 AND EAST Of
INlERST A TE HWY 35W
BENCH MARK:
All elevations refer to the top of top nut
of fire h)"dront (Tt-~H)
Elevation = 897.96 feet (N.G.V.D. 1929)
DENOTES 1/2 INCH by 14 INCH IRON PIPE SET AND
o MARKED WITH LICENSE NO. 17256
. DENOTES FOUND 1/2 INCH OPEN IRON PIPE
Bearings for this plot ore based on the west line of the
Southwest Ouorter of Section 2 t Township 30, Range 2.3,
having an assumed bearing of N0029'OS"W.
I
\ 1~~>"1:15' ,_ r _--===...
\/ \ rSf)(. --t
....99 ~-~ ---L - 1-- I
'-f()l.JllD RAMSEY CDU-lTY ClM;
SW CORNER OF SEC. 21.
TWP. 30. ROC 23
RAMSEY COUNTY COORDINATES NAD '83
X=550+4J.913 Y=lggnS.866
SHEET 2 OF 2 SHEETS
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~notes edge of cattails
Denotes catch basin
Denotes control box
Denotes corrugated metal pipe
Denotes ductile lron pipe
Denotes edge of landscaping
Denotes electric meter
Denotes gutter
Denotes gas line
Denotes gas meter
Denotes guard post
Denotes guy wire
Denotes handicap romp
Denotes fire hydrant
Denotes structure invert
Denotes kmdscGped area
Denotes loading dock
Denotes I~t pole
Denotes metal cover
Denotes manhole
Denotes monitarlng well
Denotes overhead electric line
Denotes power pole
Denotes plastic pipe
Denotes reinforced concrete pIpe
Denotes sanitary manhole
Denotes sanitary sewer
Denotes storm mClflhole
Denotes survey control station
Denotes top of "SUf'l'nountable curb
Denotes storm sewer
Denotes stone wall bottom
Denotes stone wan top
Denotes telephone box
Denotes top of curb
Denotes traffic control sign
Denotes electrIc transformer box
Denotes underground electrIc line
Denotes underground telephone line
Denotes vent pIpe
Denotes water pipe
Denotes wetland stakes
Denotes water valve
Denotes wood wall bottom
Denotes wood woll top
Denotes 80xelder tree
Denotes Cedar tree
1:>enotes Cottonwood tree
Denotes Locust tree
Denot-es Red Pine tree
Denotes Russian OIiYetree
Denotes Colarado Blue Spruce tree
Denotes Willow tree
/PIRTY SURVEYED'
rille Insurance Company Commitment for Title Insurance Commitment No.
!ffective dote November 30, 2007. Revision informatlon January 28. 2008)
Itheost Quarter of the Southwest Quarter of Section 21, Township 30. Range 23. Ramsey
~clTHEm~~UlT'lUCl. r~c;~~~ ~::ttn~~~~E~; ~~=~ ~~.t~e~~~=~~Ne~~:~ ~I,thTeOWN 30 N,
~~~r':~~:": 21 tn~:"s:~~;a:t~~d:~n:O~~: ~:~:~ ~i~~t~:~~~~y ~~n~ ~; 8t~~~rSri~0::~~~ l~ut~f
,Y ~ ~ lOT 8 L_ ~Zl~ 4 ~~: sO:U::e;:U:~:' ~Q~i~ ~r.=t~i;t~~~~~ I ~~;~~:e:l~g a Sf~~ ~~ I~~~t of
I parallel with a line hereinafter described as ~Line A" and its Southeasterly extension;
1 parallel with said "Line A" and its Southeasterly extension. a distance of 282.18 feet to
; ension of sold Northwesterly line of Lot 21; thence "Northeasterly along said Southwesterly
!thwesterty line of Lot 21 a distance of 205_64 feet to the point of beginning.
i;ribed os follows: Commencing at the intersection of the Southwesterly extension of the
::::;said lot 21 and the Southerly right-of-way tine of said BUTCHER'S SPUR; thence
~ -= j?Oid Southwesterly extension of the Northwesterly line of Lot 21 a distance of 175.00 feet
. Ining of the line to be described; thence Northwesterly to a point on the Southwesterly
~ ~~~~C:~30tw~0~O::~e~I~. IMi~~~d d~S~:~~~~~~~~~~~t~~~~ :~~~~ul~er1Y
· ~soid BUTCHER'S SPUR, and there termin<lting.
~ ....
-ithwest Quarter {SW 1/4} of Section Twenty-One (21). Township Thirty (30) North, R<lnge
est, described as follows:
~ where the Northwesterly line of Lot Twenty-One (21) in Block Two (2) of BUTCHER'S
I J GROUNDS IN SECTION TWENTY-ONE (21). TOWNSHIP THIRTY (30) NORTH. RANGE
l WEST, extended in a Southwesterly dlredlon intersects the Southerly right-ot-way line of
thence continuing Southwesterly along soid "Northwesterly line of soid Lot Twenty-One (21)
of one hundred seventy-five (175) feet; thence Northwesterly in a straight line six tlundred
~
k
IV
60 0 60 120
r--_ I
SCALE IN FEET
I hereby certify that this survey, plan, or report was
prepared by me or under my dir"ect supervision and
that I am 0 duly "licensed land Surve~ under the
laws of the Stat~ of Minnesota.
-- I
------
Doted this 28th day of Jonuary. 2008
By.
BfNCl-lUARKS (~
(Per City of Arc:l
aM 1'-) T-op o!
appro~
comer
E'~vot'
t&.1 Add Exception - Revise legal Oesc.
I R"mIon
101/04/2008
1m I 1/28/2008 I
I By I Oat" I
I~- ~
Omfling T1tJe:
PRElIMINARY PLAT OF:
TRAVERSE BUSINESS CENTER
8M 12.) Top-ol
east <l
Bevati
II SUNDE PlI~==~~= Itl
JJ LAND SVRVEYlNG 852....1-2~"OO:-__)
_AUnCle.~ -)'I Part<. lAm. 785-7lH-1130441
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