HomeMy WebLinkAbout7A, PC 09-011, Master Planned Unit Development
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Request for Council Action
Prepared By:
Meagan Beekman
Council Meeting Date: July 13, 2009
Motion to approve Planning Case 09-011 for a Master Planned Unit Development, Final
pun for Phase 1, Preliminary Plat, and Final Plat of the Arden Plaza Redevelopment
Proposal and the Development Agreement at 3527 Lexington Avenue South Based on the
Findings of Fact and the Submitted Plans, as amended by the conditions in the July 13,
2009, Plannin Case Re ort.
Budgeted Amount: Actual Amount: Funding Source:
N/A
N/A
N/A
Recommendation:
Motion to approve Planning Case 09-011 for a Master Planned Unit Development, Final PUD
for Phase 1, Preliminary Plat, and Final Plat of the Arden Plaza Redevelopment Proposal and the
Development Agreement at 3527 Lexington Avenue South Based on the Findings of Fact and the
Submitted Plans, as amended by the conditions in the July 13, 2009, Planning Case Report.
Supportin!! Documents:
1. Draft Planning Commission Minutes from June 3, 2009
2. Development Agreement
3. June 3, 2009 Report to the Planning Commission
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MEMORANDUM
DATE: July 13, 2009
TO: Mayor and City Council
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case #09-011
Arden Plaza, LLC (Dennis Trooien)
3527 Lexington Avenue North
Master Planned Unit Development, Final PUD for Phase 1, Preliminary Plat,
and Final Plat
Reauested Action
Motion to approve Planning Case 09-011 for a Master Planned Unit Development, Final PUD
for Phase 1, Preliminary Plat, and Final Plat of the Arden Plaza Redevelopment Proposal and the
Development Agreement at 3527 Lexington Avenue South Based on the Findings of Fact and the
Submitted Plans, as amended by the conditions in the July 13, 2009, Planning Case Report.
Back!!round
In August of 2007 the property owners of the Arden Plaza retail center submitted plans for a
redevelopment that included the demolition of the existing office pod buildings and the
construction of three new buildings, one of which was to be a Walgreen's Pharmacy. At their
November 2007, meeting the Planning Commission voted to recommend denial of the
application based on existing traffic concerns, the loss of trees on the site, and inadequate
internal pedestrian connections. The applicants then withdrew the proposal and the City Council
did not review the proj ect.
In December of 2007 the City Council adopted a moratorium on all development in the B2
District pending a long-range district study and the development of design guidelines for future
development in the B2 Zone. The City then underwent a year long process, which included
putting together a B2 Steering Committee and hiring a consultant, to review the concerns of the
area and develop guiding principals and design guidelines that would influence future
City of Arden Hills
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development. The result of that process was the adoption of the Guiding Plan for the B2 District
and new design guidelines within the City's Zoning Code (www.ci.arden-hills.mn.us/b2district).
The owners of the Arden Plaza retail center have significantly revised their original plans based
on the Guiding Plan for the B2 District and the new design standards, and have resubmitted a
proposal for redevelopment of the site.
The project is being reviewed through the PUD process, which allows the City to grant flexibility
within the typical zoning code requirements. Because the PUD process allows the City to be
flexible with the typical design standards, deviations are not considered variances and the
variance review criteria do not apply. However, the City is not required to grant the requested
deviations if there is a rational basis for denial.
This proposal technically includes four requests:
1. Master Planned Unit Development for Phases 1-3 of the Arden Plaza Redevelopment;
2. Final Planned Unit Development for Phase 1 of the Arden Plaza Redevelopment;
3. Preliminary Plat to subdivide the property into four lots; and,
4. Final Plat to subdivide the property into four lots.
Traffic Study and Transportation Improvements
The B2 District design standards allow the City to request a traffic study; however, a traffic
study for the original proposal was completed in the fall of 2007, and the City completed a
separate traffic study as part the Guiding Plan for the B2 District. Since these studies already
provide traffic information, a new traffic study was not requested.
The Guiding Plan for the B2 District includes a number of transportation improvements, most
notably the addition of a traffic signal approximately half way between Lexington Avenue and
Pine Tree Drive along County Road E and a center median along County Road E. The purpose
of the traffic signal is to provide a controlled full access intersection for the Arden Plaza property
and for future redevelopment on the former Holiday Inn property. The City is reviewing this
project for incorporation into the City's Capital Improvement Plan (CIP).
Both of the traffic studies have indicated that current traffic levels would not warrant a new
traffic signal. Despite the delays in exiting the Arden Plaza property during the PM peak hour,
neither of the traffic studies indicated that traffic levels would support a new traffic light with a
partial redevelopment of the Arden Plaza property. Ramsey County has reviewed the proposal
and the traffic studies, and they are not supportive of a new traffic signal with phases one or two.
Ramsey County approval would be needed before a traffic signal could be installed.
As more redevelopment occurs, the need for a traffic signal is more likely to occur. A future
traffic signal will require mutual planning and financial involvement from the benefiting
property owners. In the case of this proposal, a condition that links phase three to a future traffic
City of Arden Hills
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signal has been included. The purpose of this condition is to control the traffic impact on the
County Road E corridor and to ensure the property owner's long-term involvement in this
needed improvement.
Staff and the property owner have been in negotiations regarding the nature of Arden Plaza's
involvement in the development of a traffic signal. Staff, the City Attorney, and the applicants
have reached an agreement, the specific language of which is included in the attached
development agreement and as Condition 14c (Attachment B). The basis of the cost distribution
for the traffic signal is on the four way intersection. If the cost of the signal is divided four ways
(north, south, east, and west access), the City would be responsible for 50 percent of the cost, and
the north and south properties each 25 percent. Because the TCF property would also benefit,
and the future redevelopment scenario for this property remains unknown, the City would agree
to make a best effort to assess a portion of the cost of the traffic signal onto this property as well.
Because of this possibility, Arden Plaza LLC has agreed to contribute no less than 20 percent of
the cost for the traffic signal, and no more than 25 percent. Any additional assessment
capabilities beyond 25 percent of the cost of the traffic signal would go towards benefiting the
City's portion.
While it may be desirable to install a traffic signal prior to any redevelopment, installation of a
traffic signal typically requires sufficient traffic levels at all four sides before a signal will be
approved by the County. In other words, approving a new traffic signal often requires the new
development to generate the necessary traffic levels prior to installation of the signal.
Nevertheless, a new traffic signal and related improvements to County Road E remain part of the
City's long-term plan to address traffic and property access in this area. The City will continue
discussions with Ramsey County and the surrounding property owners for long-term
transportation planning.
Planninl! Commission Review and Public Hearinl!
The Planning Commission reviewed the proposed redevelopment at their June 3, 2009, meeting.
The meeting also included a public hearing. At that time no comments were submitted by either
residents or business owners in relation to the application. Staff has not received any comments
to date regarding the application.
The Planning Commission offers the following findings of fact:
1. The applicant is requesting approval of a Master PUD, 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
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5. The City has adopted the Guiding Plan for the B2 District that outlines future
development principal~ 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
The Planning Commission reviewed Planning Case 09-011 and unanimously recommends
approval of the Master Planned Unit Development, Final PUD for Phase 1, Preliminary Plat, and
Final Plat of the Arden Plaza Redevelopment Proposal based on the findings of fact and the
submitted plans as amended by the following twenty-one 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 and
City Council.
2. Arden Plaza shall apply for and obtain building permits for Phase I of the
Redevelopment Project no later than June 1, 2010, or at least forty-five (45) days
prior to such date, shall request an extension of time to obtain building permits for
Phase I. 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.
3. Arden Plaza shall apply for the PUD-Final Plan for Phase II of the redevelopment
project no later than June 1, 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 II 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 II shall require an amendment to the PUD- Master Plan and the redevelopment
of the area included in Phase II 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.
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4. Arden Plaza shall apply for a PUD-Final Plan for Phase III of the Redevelopment
Project no later than June 1, 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 III shall require an
amendment to the PUD-Master Plan and the redevelopment of the area included
within Phase III shall be in compliance with the then current City regulations.
5. The property owner shall provide yearly updates to the City at the end of each year
regarding the status of future phases.
6. The applicant shall file the Final Plat with Ramsey County within 180 days of the
approval from the City.
7. The applicant shall submit a financial surety in the amount of 125 percent of the cost
of the landscaping improvements in Phase I prior to the issuance of any building
permits.
8. At least three business days prior to any tree removal, the property owner shall
contact the City for a tree inventory inspection.
9. In the event that trees located along the 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 on the site, subject to the approval of the City Planner.
10. Wall signage shall not be transferable between tenants. Each sign shall require a
separate sign permit prior to installation per the requirements of the Sign Code and
design standards.
11. The plans shall be subject to fire marshal approval before building permits are issued.
12. 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.
13. The applicant 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.
14. The following traffic mitigation measures shall be implemented to reduce the traffic
impact of the development:
a. The County shall reserve the right to restrict access at the County Road E
entrance to improve operation, safety, and access management.
b. Stop signs, lane assignment signs, and other traffic control signs shall be
provided by the applicant at the County Road E and Lexington Avenue access
points and shall be subject to City Engineer approval prior to installation. The
City shall reserve the right to require the installation of other directional
signage as deemed necessary by the City Engineer.
15. Construction of Traffic Signals and Cost Sharing.
a. 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 III of the PUD
Master Plan is contingent upon the construction of a traffic signal
City of Arden Hills
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improvement ("TS Improvement") which would be located approximately 650
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 regardless of the actual construction
of the TS Improvement.
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.
16. Prior to the issuance of building permits for Phase I, 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.
17. The applicant shall provide the required number of ADA parking spaces. The ADA
parking space locations shall be subj ect to Building Official approval.
18. The applicant shall submit an agreement for shared management and maintenance of
the parking areas, landscaping features, stormwater facilities, and common areas prior
to executing the final plat. The agreement shall be subject to City Attorney approval
prior to the issuance of any building permits.
19. A development agreement 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.
20. Arden Plaza shall provide a base for a City of Arden Hills gateway sign at the comer
of County Road E and Lexington Avenues. The sign base shall be subject to the
approval of the City.
21. The applicant shall conform to all other City regulations.
City of Arden Hills
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Based on additional negotiations and review from the City Attorney, a number of conditions
have been altered since the Planning Commission last reviewed this application. Conditions 2, 3,
and 4, have been amended by the City Attorney to better clarify the intent of the condition.
Additionally, Condition 15 has been amended to include the negotiated traffic signal
requirement. Finally, Condition 20 has been added at the request of the applicant to better clarify
the expectations of the City regarding the gateway sign.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. This memo currently includes findings for
denial; however, they should be stated for the record along with the motion.
4. Table for additional information.
Deadline for A!!encv Actions
The City of Arden Hills received the completed application for this request on May 19, 2009.
Pursuant to Minnesota State Statute, the City has extended its review period and has until
September 16, 2009 (120 days) to act on this request. Any additional extension would require
the consent of the applicant.
Attachments
A - Draft Planning Commission Minutes from June 3, 2009
B - Development Agreement
C - June 3, 2009 Report to the Planning Commission
City of Arden Hills
City Council Meeting for July 13, 2009
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Attachment A
Draft Planning Commission
Meeting Minutes from June 3, 2009
July 13, 2009, City Council Meeting
Draft Planning Commission Minutes from June 3, 2009
Planninl! Case 09-011: Master PUDIt Final PUD for Phase lit and Preliminary and
Final Plat: Arden Plaza: Arden Plaza LL - Public HearinJ!
Ms. Beekman reported that the City of Arden Hills is requesting approval of
Planning Case 09-011, the Master Planned Unit Development, Final Planned Unit
Development of Phase 1, Preliminary Plat, and Final Plat of the Arden Plaza
redevelopment proposal.
Ms. Beekman stated that the Staff offers the following eleven findings of fact for
consideration:
1. The applicant is requesting approval of a Master PUD, 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.
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 wit 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 of the community as a whole.
Ms. Beekman showed slides to the Commissioners and provided additional
background.
Ms. Beekman stated that, after a careful review of the proposal, Staff is
recommending approval, based on the findings of fact subject to the following
eighteen 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 and the City Council.
2. The applicant shall obtain a building permit within one year of the Final
PUD approval for Phase 1 or the approval shall expire, unless extended by
the City Council prior to the approval's expiration date. Extension
requests must be submitted in writing to the City at least 45 days prior to
the expiration date.
3. The applicant shall apply for the Final PUD of Phase II within three years
and Phase III within four years of the Master PUD approval or the
approval shall expire, unless extended by the City Council prior to the
approval's expiration date. Extension requests must be submitted in
writing to the City at least 45 days prior to the expiration date.
4. The property owner shall provide yearly updates to the City at the end of
each year regarding the status of future phases.
5. The applicant shall file the Final Plat with Ramsey County within 180
days of the approval from the City.
6. The applicant shall submit a financial surety in the amount of 125 per cent
of the cost of the landscaping improvements in Phase 1 prior to the
issuance of any building permits.
7. At least three business days prior to any tree removal, the property owner
shall contact the City for a tree inventory inspection.
8. In the event that trees located along the 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 on the site.
9. Each tenant for each building shall be limited to no more than eighty
square feet of total wall signage. Wall signage shall not be transferable
between tenants. Each sign shall require a separate sign permit prior to
installation per the requirements of the Sign Code and design standards.
10. The plans shall be subject to Fire Marshall approval before building
permits are issued.
11. Final grading, drainage and utility plans shall be subj ect to approval by the
Public Works Director and City Engineer prior to the issuance of any
building permits.
12. The applicant 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.
13. The following traffic mitigation measures shall be implemented to reduce
the traffic impact of the development:
a. The County shall reserve the right to restrict access at the County
Road E entrance to improve operation, safety, and access
management.
b. Stop signs, lane assignment signs, and other traffic control signs,
shall be provided by the applicant at the County Road E and
Lexington Avenue access points and shall be subject to City
Engineer approval prior to installation. The City shall reserve the
right to require the installation of other directional signage as
deemed necessary by the City Engineer.
c. Approval of Phase III shall be contingent on implementation of a
traffic signal approximately half way between Pine Tree Drive and
Lexington Avenue. A formula for distributing a portion of the cost
of the traffic signal and related infrastructure improvements shall
be included in the development agreement and shall be subject to
City Council approval.
14. All of the parking stalls located on the four lots shall be shared. Shared
parking agreements shall be signed by all property owners and copies shall
be provided to the City for review.
15. The applicant shall provide the required number of ADA parking spaces.
The ADA parking space locations shall be subject to Building Office
approval.
16. The applicant shall submit an agreement for shared management and
maintenance of the parking areas, landscaping features, storm water
facilities and common areas prior to executing the final plat. The
agreement shall be subject to City Attorney approval prior to the issuance
of any building permits.
17. A development agreement 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.
18. The applicant shall conform to all other City regulations.
Ms. Beekman stated that, if approved by the Planning Commission, this would go
before the City Council on June 29.
Discussion ensued
Mr. Pete Keeley, Arden Plaza LLC, appeared to give a brief presentation, discuss
parking, request flexibility on the signage and answer questions.
Commissioner Zimmerman inquired when the additional infrastructure for the
other two phases would be completed; i.e., sewer, water, etc.
Mr. Paul Schroeder, who is working with Arden Plaza LLC, replied that the
utilities would be part of Phase I.
Commissioner Zimmerman inquired whether the foundation or footings would be
put in at that time.
Mr. Schroeder replied that they would be put in at the time of development.
Commissioner Zimmerman inquired whether it would be possible to do a stone-
type mural to tie the development into the area.
Discussion ensued.
Commissioner Zimmerman inquired whether Wellington, being the property
manager, would be responsible for the maintenance of the lot, landscaping, and
buildings.
Mr. Keeley replied that they intended to sell the Walgreens lot and keep the rest
of the property. He stated that there would be agreements that would ensure that
all of the lots are maintained to a certain standard.
Chair Larson opened the Public Hearing at 7:30 p.m.
There being no public input, Chair Larson closed the Public Hearing at 7:31 p.m.
Commissioner Thompson inquired as to where the timeframes listed in the
conditions came from for the phases.
Ms Beekman replied that there are expiration dates for phases in order to protect
the City over time as zoning ordinances change. She stated that, in most cases,
the developer would come in and request an extension.
Mr. Lehnhoff stated that there is an expiration date, which is usually within 12
months, but there could be extensions.
Motion by Commissioner Holewa, seconded by Commissioner Thompson, to
approve Planning Case 09-011; Master PUD, Final PUD for Phase I, and
Preliminary and Final Plat; Arden Plaza; Arden Plaza LL, based on the findings of
fact, submitted plans and the eighteen conditions in the June 3, 2009, Planning
Report.
The motion carried unanimously (7-0).
Attachment B
July 13, 2009, City Council Meeting
Development Agreement
ARDEN PLAZA REDEVELOPMENT
PLANNED UNIT DEVELOPMENT MASTER PLAN
FINAL PLAT-ARDEN PLAZA REDEVELOPMENT
PLANNED UNIT DEVELOPMENT FINAL PLAN-PHASE I
DEVELOPMENT AGREEMENT PHASE I
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 (nCity");
and Arden Plaza, LLC, a Minnesota limited liability corporation (nArden 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 (nPUD-Master Plan") for
the Property; a combined preliminary/final plat ('\Final Plat") for the Property;
and a Planned Unit Development Final Plan (nPUD-Final Plan") for a portion of
the Property C\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
(nRedevelopment 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 5/4/09 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. Initial Phase Plan dated 5/4/09 as revised on 5/22/09;
14. Elevation A-300 dated 5/4/09 as revised on 5/22/09;
15. Final Floor Plan A-101 dated 5/4/09;
16. Roof Plan and Site Sections A-200 dated 5/4/09;
17. Written Statement consisting of pages 1-6 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 II will include a retail/restaurant building on Lot 2, Block 1, Arden
Plaza Redevelopment.
2
3. Phase III will include the construction of a retail building on a portion of
Lot 4, Block ~, Arden Plaza Redevelopment.
3.0 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 I of the Redevelopment Project.
4.0 City Council Review. On the ~3th 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 I of the Redevelopment Project; all subject to
the terms and conditions contained herein.
5.0 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:
A. PUD-Master Plan.
~. Arden Plaza shall apply for and obtain building permits for Phase I of the
Redevelopment Project no later than July ~3, 20~0 or, at least forty-five
(45) days prior to such date, shall request an extension of time to obtain
building permits for Phase I. 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 II of the
redevelopment project no later than July ~3, 20~2 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 II 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 II shall require an amendment to the PUD-Master Plan
and the redevelopment of the area included in Phase II 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.
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3. Arden Plaza shall apply for a PUD-Final Plan for Phase III 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 III shall require an
amendment to the PUD-Master Plan and the redevelopment of the area
included within Phase III shall be in compliance with the then current
City regulations.
4. 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.
5. 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 II 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 I, 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 I, II & 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.
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~o. 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 III of
the PUD Master Plan is contingent upon the construction of a
traffic signal improvement (\\TS Improvement") which would be
located approximately 650 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.
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~. Arden Plaza shall submit an agreement for shared management and
maintenance of the parking areas, landscaping features, stormwater
facilities, and common areas prior to executing the final plat. 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 ~80 days
of the approval from the City.
C. Development Contract-Phase I.
~. Arden Plaza shall submit a financial surety in the amount of ~25 percent
of the cost of the landscaping improvements for Phase I 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. 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.
4. All building plans shall be subject to Fire Marshal approval prior to
issuance of building permits.
5. 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.
6. 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.
7. Arden Plaza shall provide the required number of ADA parking spaces.
The ADA parking space locations shall be subject to Building Official
approval.
8. 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.
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6.0 Relationship of Parties. No partnership or joint ventures established between the
parties hereto by or under this Agreement or any agreement referenced herein.
7.0 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.
8.0 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.
9.0 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.
~o.o 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.
~~.o 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
~. Failure of Arden Plaza to comply with any of the terms and conditions contained
in this Agreementj and
2. Failure of Arden Plaza to comply with any applicable ordinance or statute with
respect to the development of the Property.
~2.0 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:
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~. 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 ~o% per annum or the
maximum amount permitted by law if less than ~o%. 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.
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.
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ATTEST:
CITY OF ARDEN HillS,
a Minnesota statutory city
Stanley, D Harpstead, MAYOR
Ronald Moorse, City Administrator
STATE OF MINNESOTA
COUNTY OF
)
) ss.
On this _ day of I 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
9
ARDEN PLAZA, LLC
By:
Printed Name:
Title:
STATE OF MINNESOTA
)
) ss.
COUNTY OF
On this _ day of , 200g, before me, a notary public within and for
said county, personally I 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.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
PETERSON, FRAM & BERGMAN, P .A. (JPF)
55 East Fifth St., #800
St. Paul, MN 55101
(651) 291-8955
F:\users\Jessica\Jerry\Arden Hills\Master Plan PUD.V10.doc
~o
Attachment C
June 3, 2009 Report to the Planning
Commission
July 13, 2009, City Council Meeting