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Home My WebLink About1A, TCAAP Zoning Project EN.HILLS MEMORANDUM DATE: March 29, 2010 Item 1.A TO: Mayor and City Council Members Sue Iverson,Acting City Administrator FROM: James Lehnhoff, Community Development Director SUBJECT: TCAAP Zoning Project Action Request Continue the review of the proposed TCAAP Zoning Regulations. ZoninLa Project Update At the February 22 worksession, the City Council reviewed the proposed TCAAP zoning regulations through Section 1320.135 Subd. C: Land Use Component. The Planning Commission reached approximately the same point at their March 3 worksession. The notable amendments that occurred between February 22 and March 15 are provided in the below section. The March 15 worksession included the zoning review on the agenda; however, there was not sufficient time at the worksession to continue the review. Nevertheless, staff has included minor changes and corrections made after the March 15 work session. The changes between March 15 and March 23 are marked on the attached regulations. If you already marked up your document from March 15, please bring that document because that will still work for this worksession. Land Use and Legal Consultant Review At the March 8 regular meeting, the City Council authorized staff to contract with the Cuningham Group for planning and legal services to assist in the preparation of the TCAAP zoning regulations. The first part of the contract requires them to • Analyze the proposed regulations for conformance with City goals in the 2030 Comprehensive Plan; City of Arden Hills Wetro-inet lardenhills lA dmin l Council Wgendas&Packet Information 120M3-29-10 RegulaHPacket InformationW32910-CCMemo-TCAAP Planning Process.doc Page I of 4 • Review the proposed regulations for general consistency with Minnesota laws. This analysis is anticipated to be completed by April 5. That report will become the basis for their recommendations to enhance the proposed regulations. Their recommendations will then be brought to the Planning Commission and City Council for review. Although the consultant's analysis will not be completed until April 5, the worksessions with the City Council and Planning Commission will continue so that we can still gather questions and comments. The PTRC and EDC are also being included in the review process. The anticipated review schedule is as follows: • March 29—City Council worksession • April 7—Planning Commission worksession • April 12—City Council worksession • April 19—City Council worksession • April 21 —EDC meeting • April 26—City Council worksession • April 27—PTRC meeting • May 5 —Planning Commission worksession • May 24—City Council worksession • June 9 — Planning Commission Public Hearing to recommend regulations to the City Council • June 28—City Council review regulations for potential adoption The meeting schedule is subject to change and meetings may be cancelled if they are not needed. The draft .regulations are uploaded to the website as they are amended. www.ci.arden- hi1l.s.mn.us/tcaap. Notable Changes between the February 22 and March 15 City Council Worksessions To help facilitate the discussion, the notable changes that have been made since the February 22 work session are as follows: • Section 1320.04 - Purpose of Districts o The Mixed Residential District and the Mixed Business District were separated into different subdivions to more clearly show that two new zoning districts are being created. o The purpose, "To integrate a development on the former TCAAP property with the developed part of Arden Hills", was added to both new districts. • Section 1320.135 Subd. 5.B —Land Use Component: Prohibited Uses o Adult uses was added as a prohibited use. City of Arden Hills C:Oocuments and Settings l becky.brazys l Local Settings)Temporary Internet Files DLK15RO32910-CC Memo-TCAAP Planning Process.doc Page 2 of 4 o Gambling was suggested to be listed as a prohibited use; however, this would also limit such items as bingo, pull tabs, and charity events that may include gambling. Typically, gambling activities are not regulated in the zoning code but instead have their own specific set of regulations for licensing such activities. Arden Hills already regulates gambling in the City Code. • Section 1320.135 Subd. 5.0—Land Use Component: Mixed Residential o A cap of 1,750 housing units was added to part ii based on the last numbers discussed with RRLD. o A cap of not more than 30 percent of the housing units could be in multi-family housing was added to part iii. This excludes institutional housing, which includes nursing homes. o A new part v was added to state, "Multi-family housing shall be directed toward the northern portion of the TCAAP property but shall not be concentrated in any particular area. Connections between retail uses and multi-family housing are encouraged to help create synergy between these uses." - • Section 1320.135 Subd. 8 —Park, Recreation, and Open Space Component. o Part A was updated to include, "...Not less than 10 percent of the TCAAP property shall be incorporated into an integrated park and open space system." Assuming the open space transfers to Ramsey County move forward as expected, there would be approximately 429 acres as part of the public auction. The park dedication standard would allow the City to require up to about 42.9 acres for park and open space purposes. Not including the primer tracer area or the wildlife corridor, the last RRLD concept included 42.5 acres for parks and open space. In the RRLD concept, the 42.5 acres would have included the central park and stormwater ponds. o Part B.i was updated to state, "The plan shall include at least one community park of 20 acres and four neighborhood parks of four acres." Previously, the numbers were empty placeholders. These numbers are similar to the RRLD concept but do allow for some flexibility. o A new part C was inserted to give the City flexibility to allow all or a portion of the park, recreation, and open space system to be privately managed and maintained. • Section 1320.135 Subd. I LG—Environmental Review and Remediation Component o This subdivision was updated to reflect the discussions staff had with the MPCA on the environmental remediation process, though the City has not yet received comments from the MPCA on the revised language. The MPCA praised the City's efforts to include MPCA remediation requirements in the zoning regulations. o There are two parts to the MPCA remediation process: the Voluntary Investigation and Cleanup (VIC) program and the Petroleum Remediation City of Arden Hills C.-Documents and Settingslbecky.brazyslLocal SettingslTemporary Internet Files DLK15R032910-CCMemo-TCAAP Planning Process.doc Page 3 of 4 program. The VIC program covers non-petroleum contaminants. While the programs are separate, there is interaction between the programs. o Before building permits are issued, the MPCA recommended that a Response Action Plan (RAP) with approval from VIC and Petroleum be completed. The RAP details the steps needed to remediate the land to the level needed for a particular land use. The MPCA recommended against waiting to issue building permits until remediation is completed because the RAP often uses building construction and site layout as part of the remediation (for example, a parking lot over a contaminated spot or a ventilation system for vapor intrusion). Instead, the City may be able to withhold Certificates of Occupancy until the developer provides the "Certificate of Completion" from the VIC program and the "Development Completion" letter from the Petroleum program. This certificate and letter are considered the highest level of assurance that the remediation has been completed to MPCA requirements. Attachment - Draft Zoning Regulations for the Mixed Residential and Mixed Business Zoning Districts (dated March 23, 2010). City of Arden Hills C.-Documents and Settings lbecky.brazys 1ocal Settings)Temporary Internet Files DLKISFW32910-CCMemo-TCAAP Planning Process.doc Page 4 of 4 DRAFT 2030 Comprehensive Plan: Future Land Uses • Mixed Residential (-220 acres) — provides for a variety of housing types and densities in close proximity, including single-family detached homes, single-attached homes, condominiums,townhomes, apartments, and senior housing options. The anticipated average density is 10.4 units per acre with a minimum average density of six units per acre up to a maximum density of 46 units per acre. This land use is designated for the proposed TCAAP redevelopment, and the density is subject to change once a final land use plan is selected. • Mixed Business (-240 acres) — areas designated for a variety of businesses, including commercial, certain light industrial uses, warehousing, office, general business, retail. This designation will be used for the future business uses on the TCAAP property. • Park and Open Space (-76 acres)—areas designated as pubic parks. • Park Preserve 9 acres) — areas designated as natural or scenic areas that are to be preserved for public use or open space. 2030 Comprehensive Pleas - -ARVEN Ht 'Ls Future Land Use Park Preserve ------------ c-r k ......,.........; i ear? fie.!? se �C S35 n 0 Q"^N to Park Pi }ry`py fyp 4-• tea``etl la MO, ♦:. .�� \,`.ti`` 1 Park;Preserve ♦. .♦ ' .. .:............ ._._ _... Ana Coen space r DRAFT:3/23/2010 Page 1 of 14 DRAFT Arden Hills Existing Zoning Map ae eF :: - ,..at, x a f ................. ?x<•x ...... 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F :. 1y....:. .:Y ... ....... .. .. a.: DRAFT:3/23/2010 Page 2 of 14 DRAFT Twin Cities Army Ammunition Plant—Zoning Districts DRAFT—Subject to change March 23,2010 1320.04 Purpose of Districts. Subd. 16 Mixed Residential District A. To reuse the former Twin Cities Army Ammunition Plant (TCAAP) in a way that accommodates a mix of land uses that is sensitive to the natural environment, economically sustainable, and a benefit to the community. B. To complete the environmental remediation of contaminated land to support reuse of the area. C. To integrate a development on the former TCAAP property with the -- developed part of Arden Hills. A. To provide a variety of housing options for all ages and incomes. D. To create a unified idevelonment where people can live, work, and play- E. To create a pedestrian and bicycle friendly community. . To implement design standards to promote an attractive environment with lasting and sustainable value. +G. To minimize the effects of traffic congestion, noise, odor, glare, and similar safety problems. ubd. 17 Mixed Business District A. To reuse the former Twin Cities Army Ammunition Plant (TCAAP) in a way that accommodates a mix of land uses that is sensitive to the natural environment, economically sustainable, and a benefit to the Comm unity. B. To complete the environmental remediation of contaminated land to support reuse of the area. C. To integrate a development on the former TCAAP property with the developed part of Arden Hills. DRAFT:3/23/2010 Page 3 of 14 DRAFT D. To provide opportunities for a variety of businesses to diversify the City's commercial base. E. To create a unified development where people can live, work, and play- F. To create a pedestrian and bicycle friendly community. G. To implement design standards to promote an attractive environment with lasting and sustainable value. H. To group compatible retail and service business uses that tend to draw trade that is naturally interchangeable and promotes business prosperity. I. To minimize the effects of traffic congestion, noise, odor, glare, and similar safety problems. 1320.05 Land Use Chart. --- Not Completed 1320.135 Special Requirements of the Mixed Residential and Mixed Business Districts. The Mixed Residential and Mixed Business Districts encompass a portion of the former Twin Cities Army Ammunition Plant (TCAAP) property. This property represents a significant opportunity to expand the City's mix of housing types, businesses, parks, and open spaces. The information and procedures in this section are intended to be a framework for which a detailed development plan for these two districts will be created. The development plan must be a cohesive master plan that is cost-effective, does not burden the existing community, and advances the goals of Arden Hills and - th -0 Compreh'ensive Plan. In reviewing and approving a master plan, the City Council shall make the final determination on the compatibility and consistency with purpose of the MB and MR Districts and all provisions in this and related sections of the City Ordinances. Subd.. 1. General Procedure. In order to achieve the purpose of the Mixed Residential and Mixed Business Districts, a reuse plan for the entire property shall be prepared through the Master Planned Unit Development (PUD) process. This process promotes the reuse of land in a unified manner by treating the entire development as a single entity while recognizing the unique nature of the property. The procedure shall be as follows: A. Applicant shall meet with City Staff to clarify and determine PUD requirements and discuss applicant's development concept. B. Applicant shall submit PUD Concept Plan to the City. DRAFT:3/23/2010 Page 4 of 14 DRAFT C. Applicant shall submit a PUD Master Plan to the City. D. Planning Commission shall conduct public hearing(s) on the PUD Master Plan and make a recommendation to the City Council. E. City Council may conduct additional hearings and take action on the PUD Master Plan. F. The PUD Master Plan, as approved, including all applicable documents, is adopted as governing development plan for the MR and MB Districts and may be incorporated into the City's Zoning Code and/or into a Development Contract. G. Applicant submits Final PUD Plan for elements that are to be developed imminently. A Final PUD Plan shall be submitted for each stage of development and construction. H. Planning Commission conducts public hearing(s) for each Final PUD - Plan submission and recommends action to the City Council. I. City Council may conduct additional hearings and take action on the Final PUD Plan for each phase. J. Applicant applies for all necessary permits to begin construction. Subd. 2. Planned Unit Development (PUD) Concept Plan Review. The PUD Concept Plan review process shall be a required step for the MR and MB District planning process: The Concept Plan shall be a separate application from the PUD Master Plan application: An application for a PUD Master Plan shall be considered in. onmple e until the concept plan review is completed. A. Purpose. A :PUD Concept Plan Review is an informal discussion ess that allows the applicant to present preliminary ideas about a contem fated project development 'ect for the MR and MB Districts. and, in - p p turn, the City may offer suggestions and concerns regarding the concept. $. Application. Documentation, and Administrative Procedure. The applicant shall complete and submit to the zoning administrator an application on such forms as are provided by the administrator, together with the required fee and escrow. C. City Procedure. The City will prepare a summary of the proposed Concept Plan in terms of City plans and regulations and transmit this information and the information submitted by the applicant to the Planning Commission and City Council to assist their review of the proposal. Applicants are encouraged to have informal consultations with City Staff - DRAFT:3/23/2010 Page 5 of 14 DRAFT prior to the Ming of an application for Concept Plan Review, provided no statement or representation made by said staff shall be binding upon the City of Arden Hills. D. Procedure for City Review. The Planning Commission will offer comments and suggestions regarding the Concept Plan to the applicant. These comments and suggestions will be transmitted to the City Council. The City Council will offer comments and suggestions regarding the Concept Plan to the applicant. A public hearing shall not be required for this stage, and the City shall not take action at this stage. No suggestions made by the Planning Commission or Council on the proposed Concept Plan are binding on the City for subsequent stages. The City may elect to hold one or more community meetings to allow for community input during the concept phase. Subd. 3. Public Engagement Plan. The former TCAAP property is a significant part of Arden Hills and its reuse will have an impact on the community. Input from the public is a vital part of the planning process.. In conjunction with the City., the applicant must prepare a public engagement and information plan for the length of the planning and approval process. A. Public Meetings. The plan shall include a series of public meetings where the components in Subdivisions 5 through 14 can be addressed prior to the submission of a PUD Master Plan. B. Communications. The plan shall include a communications section that.describes. how information will be shared with the public and a schedule. C. Public Engagement Plan Approval. The public engagement plan shall be subject to City:approval. D. Implementation and Master Plan Review. The public engagement plan must be in progress prior to submission of the PUD Master Plan application. Subd. 4. Planned Unit Development (PUD) Master Plan. The PUD Master Plan for the MR and MB Districts shall conform to the following process unless specifically waived by the City Council. A. Procedure. The first step in the PUD review process is to apply for a PUD Master Plan. Upon approval, the applicant proceeds to the PUD Final Plan for each stage of development. DRAFT:3/23/2010 Page 6 of 14 DRAFT B. Application and Documentation. The applicant shall complete and submit to the City a PUD Master Plan application on forms provided by the zoning administrator, together with the required fee and escrow. The applicant shall submit documentation addressing the PUD Master Plan components in Subdivisions 5 through 14. C. sand Use Application Complete. The PUD Master Plan application shall be considered incomplete until the PUD Concept Plan process has been completed. The PUD Master Plan application shall be considered incomplete until all required documentations submitted and deemed complete by the City. D. Procedure for Council Action. The procedure for Council action in Chapter 1355.04 Subd 6 shall apply. E. Other Requirements Applicable to a PUD Master 1314 Approval. In making its decision as to whether to approve the applicant' PUD Master Plan the City Council shall also e guided by the provisions of Section 1355.04 Subd 3.8. Council action on the PUD shall follow the provision of Section 1355.05. F. Annual Report. Sinee the timeline for development is likely to last several years, the City may require an annual report that provides information on the development` time l e, environmental remediation, financial status, infrastructure improvements, and other related topics. Subd. 5. Land Use Component A. Permitted and`Conditional Uses. The permitted and conditional uses shall be in conformance with the Land Use Chart, Section 1320.05, for the MB and MR Districts. B. The following land uses are not compatible with the MR and MB Districts-and shall be prohibited: - -- (i) Open sales, rental or storage lots, including but not limited to cars, fuses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery; lumber, building materials, and similar items. Open air garden centers shall be exempt. (ii) Mini-storage facilities; (iii) Outdoor bulk storage buildings, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products; and, DRAFT:3/2 312 0 1 0 Page 7of14 DRAFT (iv) Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's license from the Ramsey County Public Health Department. (v) Adult Uses. C. Mixed Residential. (i) The City seeks to provide a variety of housing options and types to accommodate the current and future needs of Arden Hills. This may include market rate housing, affordable housing, and senior housing. The housing shall be primarily owner-occupied housing. (ii) The master plan shall not include more than 1,750 housing units. This number may be reduced by the City if the traffic study finds that the proposed number of units would cause undue burden on the adjacent roadways or intersections as determined by the City. (iii) Multi-family housing shall not exceed 30 percent of the total number of housing units, excluding institutional housing. (iv) Multi-family housing design shall be in substantial conformance with the design standards in Section 132505 Subd. 8. ( ) Huai-family housing shall be directed toward the northern portion cif the TCAAP property but shall not be concentrated in any particular. area. Connections between retail uses and multi-family lousing are encouraged to help create synergy between these uses. D. Mined Business. ( ) The City is seeking to diversify its commercial tax base and generate high quality jobs. The City is interested in a corporate campus to help diversify the City's commercial tax base. - The City is seeking to establish a viable grouping of retail uses to enhance long-term sustainability and create a destination for residents and visitors. The design shall integrate sidewalks into the design connecting all uses. (iii) Structures must be constructed from high quality, long-lasting materials and be in substantial conformance with the design standards in Section 1325.05 Subd. 8. (iv) An individual retail user shall not exceed a 50,000 square foot footprint. DRAFT:3/23/2010 Page 8 of 14 DRAFT Subd. 6. Design Standards Component. The general regulations in Section 1325 shall apply except where modified as follows: A. Landscaping and Tree Preservation. A comprehensive landscaping plan shall be completed for the development. The plan shall include planting schedules for parks, public spaces, residential development, and commercial/industrial development. Landscaping shall be privately maintained, including any boulevard trees or plantings in the medians. B. Pedestrian and Bicycle Circulation. (i) A comprehensive pedestrian and bicycle circulation plan shall be submitted with the proposal. The development proposal shall seek to create a walkable environment that is pedestrian and bicycle friendly. (ii) This plan shall provide an integrated network of sidewalks and trails throughout the property that connects the residential and -- commercial areas; parks; adjacent developed areas_ adjacent regional trails. A trail and/or sidewalk connection shall be integrated through the development from the southern to the northern border in addition to the regional trait (iii) The width, location, and design of the sidewalks and trails shall be subject to City approval prior to dedication to the City. Sbd Transportation and Parking Component A. Traffic Study,. The City may require a traffic analysis that is prepared b a traffic (�) Y Y � Y p P Y - engineer. Such analysis shall assess the impact of the development proposal on roadways, intersections, and on-site circulation. (ii) if the traffic study indicates that a proposed project or use will have significant impact on the existing service levels of roadways and intersections, the City may require a traffic management plan to mitigate traffic impacts. Such plan may include travel demand management strategies, use of transit facilities, or other appropriate measures to reduce traffic congestion. Such plan may also necessitate improvements to road systems, including intersections. The applicant shall be responsible for installation and expense of necessary road - DRAFT:3/23/2010 Page 9 of 14 DRAFT system improvements and pedestrian facilities, ftnJsue > (iii) The development capacity of the property shall be limited to the reasonable capacity of the road systems as determined by the City. The City may limit the amount and type of development so as not to cause undue burden on the road system. B. Parking. The amount of parking spaces provided shall not exceed the spaces as calculated by the requirements in Section 1325.06 Subd U. An applicant may request a modif cation of the maximum allowed number of parking spaces by submitting a study of anticipated parking demand. Parking studies shall :be prepared by La professional engineer with expertise in traffic and parking analysis. Shared parking shall be required where feasible. C. Bridges. Any bridges on the site or reconstructed to accommodate -- development on the site shall provide bicycle and pedestrian facilities. The bridges shall include design elements that are compatible with the development. Tie design and construction of any bridge over Rice Creek shall be coordinated with Ramsey County and respectful to the adjacent open space. D. Transit. The applicant shall provide opportunities for transit connections on the property. The City may waive this component if ..such connections are deemed infeasible. E. Streets.''Streets on TCAAP shall be in conformance with local, county, and`'State policy in terms of design. Subd. 8. Parks Recreation, end Open Space Component. A. Park Dedication. In order to meet the needs of the development on - -- TCAAP, at least ten percent of the developable land shall be incorporated into an integrated, park, recreation, and open space system. B. Park, Recreation, and Open Space Plan. A park, recreation, and open space plan shall be prepared to serve the needs of the development, including a capital improvement plan and maintenance costs. Park and open space areas and amenities shall be incorporated within the MR and MB areas to meet the needs of the development. (i) The plan shad include at least one central community park of 20 acres and four neighborhood parks of four acres. DRAFT:3123/2010 Page 10 of 14 DRAFT (ii) The parks shall be integrated into the development and connected with trails and sidewalks. (iii) The City may accept the on-site stormwater ponding as part of the dedication requirement if it is incorporated as a desi n feature of the q p ...........g........_ park or open space. (iv) The parks shall provide amenities such as, but not limited to, picnic shelters, play structures, benches, walking paths, ball fields, tennis courts, and basketball courts as apraved by the.City. C. Dedication to the Public. The City reserves the,riQht to require all or a portion of the park, recreation,,and open space system to be dedicated to the public. The City may require all or a portion ofthe system to be privately managed and maintained by a business improvement district, homeowners association, or.other similar organization as approved by the City. _ D. Environmental Remediation. Prior to.the City accepting any dedicated land for park and open space uses, the applicant shall complete the environmental remeiaton to levels acceptable for recreational uses as regulated by the Minnesota-PoRution Control Agency (MPCA). The applicant shall provide the City with a Certificate of Completion. IJeve opment Completion letter, or similar document provided by the MPCA Subd. 9. Utilities Component. . All utilities, includin� electric utilities, shall be installed underground unjess waived by the City. B. Electrical substations shall be substantially screened from adjacent properties. - Subd. 1€. Construction Staging Component. A construction staging plan shall contain a neap or maps setting forth the proposed chronological order of construction relating each proposed use and structure to the construction of the various services and facilities as may be required herein. Said staging plan shall include estimated completion dates and shall specify the proposed order of request for utility release or authority to occupy completed structures so as to provide a basis for determining the adequacy of the related services and facilities for each separate construction phase. Subd. 11. Environmental Review and Remediation Component. DRAFT:3/23/2010 Page 1 I of 14 DRAFT A. The applicant shall complete an Alternative Urban Areawde Review (AUAR) prior to approval of the PUD Master Plan. The AUAR shall be completed in accordance with requirements set by the Minnesota Environmental Quality Board and other applicable agencies. Recommendations provided by the final AUAR shall be incorporated into the PUD Master Plan unless otherwise waived by the City. B. An environmental remediation plan shall be prepared that can accommodate the proposed land uses. The plan shall meet all Minnesota Pollution Control Agency (MPCA), United -`States Environmental Protection Agency (EPA), and any. Other applicable agency's requirements. The plan shall include a financial surety that is subject to City approval that ensures that the entire property is remediated to the required standards within X years. ...The. PUD Master Plan shall not be approved until approval of the environmental remediation plan by the applicable regulatory agencies.: C. Environmental remediation of the TCAAP property in a timely manner is a top priority to the community to:.ensure that the health, safety. and welfare of current and future residents are protected. The PUD Master Plan shall include a detajled timeline and action steps to complete the remediation for redevelonpment. A PUD Master Plan that selectively uses uncontaminated areas and ignores contaminated property shall not be approved. D. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of noise, odor? toxic or noxious fumes, smoke, dust or particulate matter in such c.oncentr ti ns as to be detrimental to or endanger the public health. welfare,comfort or safety, or cause injury to property or business. E. The PUD .Mater Plan shall comply with all Rice Creek Watershed District (RCWD) requirements. Final PUD reviews shall not be exempt from changes to RCWD regulations. F. The United States Army operates a network of wells, underground pipes, and a treatment plant to remediate the groundwater contamination. This groundwater treatment must be able to continue along side any redevelopment. G. The applicant shall comply with the MPCA's Voluntary Investigation and Cleanup (VIC) program and the MPCA's Petroleum Remediation Program. A Response Action Plan (RAP) that is approved by the MPCA shall be submitted prior to the City issuing any building permits. The applicant shall provide a Certificate of Completion and/or Development DRAFT:3/23/2010 Page 12 of 14 DRAFT Completion letter from the MPCA prior to the issuance of the Certificate of Occupancy by the City for any phase of development. Subd. 12. Sustainability Component. The PUD Master Plan shall incorporate green building and design principles where feasible, such as Leadership in Energy and Environmental Design (LEER) standards. This may include using the Army-s water treatment process to develop a geothermal energy generation capability and/or the use of land for solar or wind energy generation. Subd_ 13. Contractual Component. This applicant shall submit agreements or contracts affecting the owner or owners of individual units or of the entire project proposed under the PUD Master Plan, such as hon�eownrs' agreements, business improvement areas, and covenants. Subd. 14. Financial and Resource Component A. The redevelopment must demonstrate ghat its tax base will support the long-term maintenance of the on,, .:.in and support City -- services including, but not limited to, police, fire, inspections, and maintenance of roads and parks. �`he pity may require a detailed pro forma. B. The applicant shall be responsible for all costs related to studies, consultants, and City staff time needed to facilitate the review of the application. The City reserves the right to select or reject any consultant. . All development and permitting fees in the City's fee schedule apply, incldng the.metropolitan Council and Arden Hills sewer access charge and water access charge.. Subd. 15 P1anned Unit Development(PUD)Final Plan. A. Procedures. The applicant for a PUD Final Plan approval of a specific phase Of.the PUD Master Plan shall complete and submit to the zoning - administrator an application on such forms as are provided by the administrator. In addition to this documentation, a written statement that the Final Plan is in conformity with the PUD Master Plan as approved by the Council. B. Development Agreement and Bonding to Assure Performance and Conformance to PUD Final Plan. To assure that all improvements to be constructed as part of the approved PUD Final Plan are completed in accordance with the terms and conditions of such plan, or each phase thereof as outlined in the construction order component, the City Council, at the time of its approval of said PUD Final Plan and related plats may require the applicant to enter into and file with the administrator a DRAFT-3/23/2010 Page 13 of 14 DRAFT development agreement with the City and a corporate surety bond guaranteeing the faithful performance of the applicant's obligations under said development agreement, and in completion of all improvements provided for in said PUD Final Plan in a penal sum equal to one hundred twenty-five (125) percent of the cost of such improvements as estimated by the City Engineer, which agreement and bond shall be filed with the administrator no later than thirty(30)days after such requirement has been made by the City Council. In the event the applicant has failed to enter into said agreement and to file the same along with said bond with the administrator by the expiration of said thirty day period, the PUD Permit, Final Plat (if any) and approved Final Plan sIhall be deemed void, nullified and revoked unless an extension is requested in writing by the applicant and for good cause granted by the city Council. The development agreement may provide for several bonds covering separate aspects of the PUD, the aggregate of which shall total one hundred twenty-five (1 25) percent of all the improvements to be constructed and completed by the applicant pursuant to the approved Final Plan, in which case each said bond required by such development, agreement shall be filed along -- therewith within the period above-stated. It may also require guarantee bonds in the penal sum of one hundred (100) percent of the cost of completed improverents, as estimated by the City Engineer to guarantee such improvements fir whaever lengths of time are specified therein. The release of any bond or.any port*on.thereof shall either be governed by the terms and provisions of such development agreement or shall be based upon the recommendati M of the City Engineer or City Planner and approval thereof by the Cit Council. C. open Space .Easements and Covenants. To assure the City of the continued maitite'n of any open space, recreational areas, common areas and the like which are proposed to be owned and maintained by a homeowners' association to be formed by the applicant [and that said areas] will not be devoted to purposes other than those for which they were originally'ntended, the City Council may require at the time of its approval of the PUD Final Plan or its approval of any final plat required - thereby, whichever is later, that the applicant execute and grant to the city open space easements and covenants, approved by the City Council at the t*me such requirement is made, which shall be filed by the applicant within thirty (30)days after the City Council has made such requirements. In the event the applicant has failed to execute said open space easements and covenants and to file the same with the administrator by the expiration of said thirty-day period, the PUD Permit, Final Plat, if any and Final Plan shall be deemed to be void, nullified and revoked unless an extension has been required in-writing by the applicant and for good cause granted by the City Council. DRAFT:3/23/2010 Page 14 of 14