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HomeMy WebLinkAboutResolution 5119 . . . RESOLUTION NO. 5119 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A GENERAL CONCEPT PLAN FOR COMMERCIAL DEVELOPMENT ON THE O'NEIL PROPERTY, 2430 HIGHWAY 10; PLANNING CASE NO. 471-97. WHEREAS, Anthony Properties Management, Inc. and Louise O'Neil have applied for approval of a general concept plan for the development of a 16-screen movie theater, three 11,000 square foot office buildings, and two restaurant sites on property bounded by Highway 10, Long Lake Road, and County Road H2, and described as follows: Part lying southwesterly of centerline of STH No. 10 of southwest 1/4 of northwest 114 (subject to roads, highway and easements) in Section 08, Township 30, Range 23. WHEREAS, the applicants have submitted a general concept plan prepared by HLM Architects and dated 2/7/97 which shows the general location of uses and buildings, walkways, parking areas, access points, access drives, buffer areas, and open space areas to be left undeveloped; and, WHEREAS, the PUD stipulations attached to the general concept plan specifY the maximum densities, minimum setbacks and maximum building heights to be allowed, and special criteria applicable to the development to this PUD; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Zoning Map 3. PUD Conccpt Plan, datcd 2/7/97 4. Traffic Study prcparcd by SRF Consulting, dated 4/17/97 5. Traffic Study (for Restaurant Sites) prcpared by SRF Consulting, datcd 5/2/97 6. Preliminary Drainagc Calculations 7. Availablc Utility Conncctions for Water, Scwer and Storm Scwer 8. Markct Summary 9. Summaries ofNcighborhood Mectings (12/12/96, 1/15/97) WHEREAS, the Mounds View City Council has received a recommendation of approval from the Mounds View Planning Commission as stated in Planning Commission Resolution No. 503-97; and, . . . City Council Resolution No. 5119 May 12, 1997 Page 2 WHEREAS, the proposed general concept plan is consistent with the Mounds View Comprehensive Plan and the requirements of the Mounds View PUD Zoning District; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the general concept plan for the O'Neil Property prepared by HLM Architects and dated 2/7/97, subject to the stipulations contained in Exhibit 1, to the requirement that approval be obtained for a development stage plan and final plan as provided in Section 1120.04 Subd.3 and Subd. 4 of the Mounds View Municipal Code, and to the requirement that the following changes be made to the drawing of the general concept plan: I. Parcels A and B shall be marked as restaurant sites. 2. The northernmost and southernmost driveways on Highway 10 shall be removed. 3. The driveway on Highway 10 at the center of the site shall be marked "right-in, right-out" with a notation that a full movement intersection shall be allowed if approved by MnDOT. 4. The reference to the pedestrian bridge shall be removed. ADOPTED this 12th day of May, 1997. Q;ffM ~CetJ( Duane McCarty, Mayor ATTEST: C2Uu Charles S. Whiting, Cit Clerk-Administrator (SEAL) N:\DA TAIGROUI'S\CO\fDEV\I)EVCASES\471-97\CCRES.GCP . O'NEIL aRTY PLANNED UNIT DEVELOPMENT . Vicinity Map 1. Legal Description: Part lying southwesterly of centerline of STH No. 10 of southwest 1/4 of northwest 1/4 (subject to roads, highway and easements) in Section 08, Township 30, Range 23. O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 1 OF 9 2. Zoning: Commercial Planned Unit Development (PUD) 3. Allowed Uses: Multi-screen movie theater Office space Parking Restaurant Restaurant max 2648 seats; 16 screens max 33,000 gross sq.ft. Parcel A (2) Parcel B (2) (1) Subject to amendment to establish uses; requires approval of City Council after conducting a public hearing. (2) Restaurants shall be sit-down style dining establishments, delicatessens, or have made-to-order specialty menus. They shall earn at least 60% of their annual gross sales revenue from the sale offood. The allowance for restaurants does not include bars or taverns, or high volume, fast food restaurants. The maximum size of the restaurants shall be determined at the time of development stage plan review, based on fifting both the building and the required parking onto the parcel shown for restaurant use. 4. Site Data: Theater Site Office 1 Office 2 Office 3 Parcel A Parcel B Wetland (parcel) Total Site Area: 7.40 acres 1.38 acres 1.03 acres 1.25 acres 2.79 acres 1.56 acres 8.58 acres 23.99 acres MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL ARTY PLANNED UNIT DEVELOPMENT . Impervious Areas Parking Theater Office 1, 2, 3 Total 6.705 acres 1.386 acres 0.760 acres 8.851 acres 36.9% (3) Notwithstanding the definition in Chapter 1102 of the Zoning Code, building height shall be defined as the vertical distance between the average foundation elevation and the highest point of the structure above finished grade. The average foundation elevation shall be determined by using the highest and lowest elevations of a building's foundation, measured at the point where the foundation intersects finished grade, excluding any berming against exterior walls. Pervious Areas Wetland (actual) Other Total 8.048 acres 7.091 acres 15.139 acres 63.1% Parking Requirements (4) Theater 1 space per 4 seats 662 spaces Office 1 space per 250 sq.ft. No requirement (5) Restaurants 1 space per 100 sq.ft.. of GFA or 1 space per 3 seats, whichever is more (6) 5. Dimensional Requirements Setbacks - Buildings & Parking Areas Front Highway 10 30 feet minimum Rear County Road H2 50 feet min Side Long Lake Road 400 feet min East Property Line Buildings Parking Areas Interior Lot Lines Wetland 50 feet min 10 feet min o feet (1 ) 100 feet min (2) (4) The property owner/developer shall provide proof of parking for 700 spaces, with construction of a minimum of 662 spaces at the time use and occupancy permits are issued for the theater complex. The additional spaces up to 700 spaces may be built at the property owner/developer's discretion at the time of use and occupancy of the theater, but shall be built at the direction of the City if parking shortages on the site occur. Consideration shall be given for weather conditions if determining when the additional spaces must be built. (2) Except as shown on the approved concept plan and with approval of a wetland alteration permit by City Council. (5) The approval of this PUD includes approval of joint use of the parking area by the theater and the office buildings because of offsetting hours. No additional parking spaces are required for the office use as long as at least 260 spaces are built for the theater use, and a cross-access and parking easement is recorded for the theater parking area to allow unobstructed access by the office use prior to issuance of building permits for either the theater or the office buildings. If the office buildings are constructed in advance of the theater use, parking at a ratio of 1 space per 250 square feet shall be provided. (1) Setbacks from interior lot lines(not abutting streets) may be reduced to 0 feet as part of an approved development plan, as long as Building Code requirements are met. Building Heights (3) Theater 46 feet maximum Office 26 feet maximum Restaurants 30 feet maximum (6) The number of parking spaces required for each restaurant site shall be determined at the time of development stage plan review, based on building square footage. Restaurant uses shall be self-sufficient and shall not require use of theater parking. O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 2 OF 9 MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL ARTY PLANNED UNIT DEVELOPMENT . 6. Review and Construction Process . Construction . General Concept Plan Approval of this planned unit development constitutes approval of the general concept plan for the O'Neil Property PUD. The general concept plan shall include these stipulations (Exhibit 1 of Resolution 5119) and the plan prepared by HLM Architects, Inc., dated 2-7-97, and placed on file in the Mounds View Community Development Department under Planning Case No.471-97. . Development Stage Plan Prior to the issuance of any building or grading permits, or any clearance of the site of vegetation, the property owner or their agent shall obtain approval for a development stage plan from the City Council, in accordance with Section 1120.04 of the Mounds View Municipal Code. The development stage plan shall include a detailed site plan showing engineered drainage and grading, landscaping, walkways, parking lot layout, acceleration and deceleration lanes on Highway 10, dimensioned setbacks, building footprints and elevations, building materials and colors, and site data. . Final Plan Prior to the issuance of any building or grading permits, or any clearance of the site vegetation, the property owner or their agent shall obtain approval for a final plan and construction drawings from the City administration, in accordance with Sections 1120.04 and 1000 of the Mounds View Municipal Code. Approval of the final plan and construction drawings may be in phases depending on the construction schedule for the development. Clearance of vegetation is permitted within eacn phase after building and grading permits are issued, and in accordance with approved plans. The final plan shall be recorded by the property owner with the County Recorder's Office, and proof of recordation shall be provided to the Community Development Department within 30 days of the date of approval. No permits shall be issued until such proof of recordation is provided. O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 3 OF9 In accordance with Section 1120.04, construction shall commence within one year after the approval of a final plan for the PUD. Construction may be accomplished in phases. Failure to commence construction within two years shall, unless an extension shall have been granted, automatically render void the approval of the PUD. In such case, the City Council shall adopt a resolution repealing the PUD plan, and re-establishing the PUD plan shall require a new application, review and approval. 7. Accessory Buildings; Outdoor Storage No accessory buildings shall be permitted in this PUD except trash enclosures. No outdoor storage of any type other than parking of customer and employee vehicles during business hours shall be permitted. 8. Preservation of Tree Coverage In its undeveloped state, this site was covered by a mature oak woodland except for the area in wetland. The applicant shall inventory all trees 10 inches or more in diameter as part of the development stage plan. Every effort shall be made to preserve the existing tree coverage as part of this plan, including the use of setback and buffer areas, and parking lot islands. The approval of this PUD requires the preservation of the existing tree coverage in as natural a state as is practical in all areas not shown for either building footprints, paving, or manicured landscaping within the developed portion of the site. Tree coverage shall also be preserved in the wetland buffer, unless removal is approved by the City Council as part of a wetland alteration permit. The property owner shall address problems with infectious tree diseases such as oak wilt as directed by the City Forester. During the lifetime of this project, If trees die due to natural causes or must be cleared because of tree diseases, the property owner shall be resoonsible for replacing them with trees of at least 2-1/2" calioer and MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL aRTY PLANNED UNIT DEVELOPMENT . of similar hardwood species, as directed by the City Forester. New trees shall be spaced so as to replicate the existing density of tree coverage within 10 years. During construction, the property owner and/or developer shall be responsible for installation of protective fencing around treed areas which are to be preserved so construction activity does not damage the trees or their root systems, and die off from construction disturbance does not occur. The type of fencing and its placement shall be approved by the City Forester prior to issuance of any grading or building permits. The property owner and/or developer shall be responsible for maintaining the fencing in good repair throughout construction and for assuring construction activity and the parking of equipment is kept out of these areas. 9. Buffer Area; Screening Fence A critical element in the approval of this PUD is the preservation of a buffer area at least 50 feet deep along County Road H2o No construction of any buildings, paving, or other improvements, other than installation of utility lines, landscaping and berming, shall be permitted in this area. The specific treatment to be used in the buffer area, whether leaving the woodland as is, adding additional trees, or removing part or all of the woodland and installing manicured landscaping shall be determined at the time of development plan approval. Areas used for installation of utility lines shall be revegetated in accordance with the landscaping plan. The existing tree cover to be retained shall be preserved as provided in #8. No pedestrian or vehicular access shall be permitted through this buffer area. A screening fence shall be installed along County Road H2 (as shown on the general concept plan) and tied off at each end to prevent pedestrian traffic from the PUD development off the site. The fence shall be opaque and at least six feet in height. The area shown for office buildings shall be maintained in a buffer area with the natural vegetation retained until such time as the office O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 4 OF 9 buildings are built. 10. Landscaping; Highway 10 Design Theme A detailed landscaping plan showing species, numbers and sizes of all plant materials shall be provided as part of the development stage plan. The overall character of the landscape plan shall preserve the forested feel of the site, with allowance made for visibility of the PUD development from Highway 10. Prior to approval of the development stage plan, the property owner shall grant an easement to the City for 15 feet in width along the Highway 10 frontage for use in implementing a Highway 10 design theme, as provided in Section 21. The property owner and/or developer shall incorporate landscaping materials necessary to implement the design theme selected for the Highway 10 frontage, if such a theme has been selected at the time building permits are requested. If a theme is selected subsequent to that time, the easement shall allow the City or City's agent to implement this design theme. The design improvements shall not unreasonably obstruct the visibility of the PUD development from Highway 10. During the lifetime of the PUD development, the property owner shall be responsible for the replacement of any dead or dying plant materials, and shall maintain the landscaping through regular watering, mowing, mulching, feeding, weeding and pruning. 11. Wetland; Wetland Buffer Area The wetland on the O'Neil property is protected by the Minnesota Department of Natural Resources (#171W). No construction is permitted in the wetland, at or below an elevation of 895.8 feet or as determined by a wetland delineation study accepted by the Department of Natural Resources and the Rice Creek Watershed District. Construction in the wetland buffer area is anticipated as shown in the general concept plan, and will include water quality ponds (NURP ponds) and a portion of the theater building. Encroachment may also occur on the restaurant sites. The detailed location of these improvements shall be established at the develoDment Dlan stage. MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL ARTY PLANNED UNIT DEVELOPMENT . The property owner and/or developer shall obtain approval of a wetland alteration permit from the City for these encroachments into the buffer area prior to issuance of any building and grading permits. 12. Drainage The approval of this PUD includes approval of a preliminary drainage design. This design includes the construction of two NURP (National Urban Runoff Program) ponds as shown on the general concept plan. The design shows runoff from the developed portion of the site being collected and directed to these ponds, where pollutants settle, and then into the existing wetland. A 15" pipe carries water from the wetland to the storm drain system in Long Lake Road. The 15" pipe is to be left as is, since the size of the pipe keeps the rate of flow from the wetland at historic levels and prevents overloading of the storm drain system in Long Lake Road. A detailed, engineered drainage plan shall be submitted with the development stage plan for review and approval by the City Engineer. Final sizing of the NURP ponds and the design of the on-site drainage system shall be based on the detailed drainage study. No building or grading permits shall be issued until a final drainage plan is approved. The drainage improvements shall be constructed prior to the issuance of any occupancy permits for the theater or the office buildings. Prior to the issuance of any building or grading permits, the property owner is responsible for obtaining : . approval of a permit from the Rice Creek Watershed District, Department of Natural Resources, and U.S. Army Corps of Engineers, if such approvals are required: . a written statement from the Minnesota Department of Natural Resources that the development plan is in compliance with State regulations regarding wetlands . a written statement from the U.S. Army Corps of Engineers that the development plan is in compliance with Federal regulations regarding wetlands. 13. Lighting The developer shall provide a lighting plan with the development stage plan, including the location of lighting standards, a detail of the lighting standard design, and photometrics for the site if lighting is installed according to the plan. Lighting standards shall not exceed 24 feet in height. The lens of the lighting fixtures shall not extend below the housing and the housing shall include sharp cutoffs so that light rays are directed downward rather than outward. Light levels shall not exceed 1.0 foot candle when measured at the center line of any abutting street, and .4 foot candle on adjacent property. 14. Parking Lot Security The property owner shall put in place security measures if it is determined by the Mounds View Police Chief that there are persistent security problems associated with this PUD development. 15. Trash Dumpsters The development stage plan shall show locations for trash dumpsters for each use in the PUD development. The trash dumpsters shall be placed within enclosures. The walls of the enclosures shall be constructed from the same building materials as the primary structure and shall have solid, opaque gates with a latching mechanism so that the doors remain closed except when trash is being dumped or removed. Chain link with plastic inserts is not acceptable for the gates. The enclosures shall be sized to allow maneuvering of the dumpster by trash trucks during winter weather conditions. 16. Site Maintenance; Snow Storage The property owner(s) shall be responsible for maintaining the landscaping, paving and other site improvements in high quality condition throughout the life of the development. If the property is proposed for subdivision, the property owner(s) shall execute and O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 5 OF 9 MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL ARTY PLANNED UNIT DEVELOPMENT . record a maintenance agreement which assigns responsibility for maintenance of any common parking areas, landscaping and open space areas. The agreement shall be in a form acceptable to the City Attorney. The theater operator shall police the parking lot and remove all trash and debris every morning, prior to 9:00 AM, and on weekend evenings, prior to 6:30 PM. During the winter months, snow shall be plowed from the parking lot and placed in areas designated for snow storage or removed off-site. Snow shall not be stacked in the parking lot where it could result in reducing available parking. The site shall be maintained in a clean, attractive manner at all times. Snow storage areas, outside of the paved parking lot area, shall be designated as part of the development plan. 17. Signage The property owner and developer shall submit a coordinated sign program for this site with the development stage plan. This sign program may propose different dimensions and types of signs than are allowed by the Mounds View Sign Code, while using the overall amount of signage allowed by the Sign Code for commercial businesses as a guide. The sign program is subject to review by the Planning Commission and approval by the City Council. The sign program shall establish a design theme through using similar colors, type styles, and materials so that the sign age on the site has an overall, coordinated appearance. 18. Architectural Character A colors and materials board, elevations and architectural renderings shall be submitted at the time of development stage plan review for each building requesting such approval. . Theater Building: The theater building shall be of high-quality masonry construction, using either brick, split face block, or stone, and shall have architectural detailing to add interest and character to the building. Materials and detailing shall be continued on all exterior sides of the building. A "false front" style of construction where materials and detailing appear only on the front facade shall not be allowed. Colors used for the theater building shall tend to minimize rather than accentuate the bulk of the building. . Office Buildings: The office buildings shall be of high-quality masonry construction, compatible with the theater building. The style of the buildings shall be residential in character. Materials and detailing shall be continued on all exterior sides of the building. There shall be windows on the south elevations similar to the design of the north elevation. No service doors shall be permitted on the south side. . Restaurants The restaurant buildings shall be high-quality masonry construction, or its equivalent, and presenting a substantial image. Allowance shall be made for the corporate style of a particular restaurant company, as long as a quality image is presented. Materials and detailing shall be continued on all exterior sides of the building. The provision of outdoor patio dining, visible from Highway 10, is encouraged. 19. Access; On-Site Circulation The approved general concept plan shows one unsignalized right-in, right-out access point from Highway 10 approximately midway between Long Lake Road and County Road H2o This access configuration has preliminary approval from the Minnesota Department of Transportation (MnDOT). The property owner/developer shall furnish written authorization from MnDOT for the access configuration prior to final plan approval. At a minimum, the property owner/developer shall install a stop sign at this access point to control traffic exiting the site. O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 6 OF 9 MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL aRTY PLANNED UNIT DEVELOPMENT . The width and design of the access point shall meet the requirements of the Blaine-Spring Lake Park-Mounds View Fire Department. The property owner/developer and the City shall undertake efforts to obtain approval from MnDOT for a full movement signalized intersection to serve this development. The outcome of this effort shall not affect the ability of the property owner/developer to obtain use and occupancy permits for the theater complex or the office buildings. The final design of intemal circulation on this site shall be determined as part of the development plan. Internal circulation shall be designed to move traffic off of Highway 10 quickly, and shall separate the drive aisles leading to the parking bays from the drop-off area in front of the theater building so congestion does not occur and traffic does not back up on Highway 10. 20. Acceleration/Deceleration Lanes; Sidewalks; Ring Road The property owner/developer shall construct acceleration and deceleration lanes on Highway 10 at any access point as required by MnDOT. The property owner/developer shall construct a sidewalk along Highway 10 between Long Lake Road and County Road H2, and along the north edge of the wetland to provide a connection to the existing sidewalkltrailway along Mounds View Drive which leads to Silver View Park. The design, width and placement of these sidewalks shall be determined as part of the development plan. The property owner/developer shall work with the City to determine the feasibility of constructing a roadway connection from Long Lake Road to the proposed signalized intersection at Highway 10 and Edgewood, as part of development stage plan review. This roadway connection is intended to implement the ring road concept illustrated in the City's Comprehensive Plan. The City shall take the lead in negotiating with the Department of Natural Resources, MnDOT and Ramsey County. 21. Platting & Easements . Platting and Park Dedication Requirements At the time of approval of this PUD, the property was in one undivided parcel. If the property owner elects to divide part or all of this parcel into lots, the land division shall be considered a major subdivision and as such shall comply with Title 1200 of the Mounds View Municipal Code. This title includes a requirement for dedication of park land or, at the option of the City of Mounds View and at its sole discretion, payment of park dedication fees in lieu of land dedication, based on the fair market value of the undeveloped land. If the property owner undertakes to divide this property into lots, the requirements for easements noted below shall be fulfilled as part of the platting process, except that no final plan shall be approved and no building or grading permits issued until the requirements for easements have been fulfilled either by platting or by separate recorded documents. . Cross Access and Parking Easement The property owner shall provide to the City a cross access and parking easement which allows use of the access point(s), drive aisles and parking by the theater complex and the office buildings. The cross access and parking easement shall be approved as to form by the City Attorney, executed and recorded prior to approval of the final plan. . Drainage Easement The property owner shall provide to the City perpetual drainage easement for that area lying within the delineated boundary of the wetland, and for the NURP ponds. The drainage easement shall be approved as to form by the City Attorney, executed and recorded prior to approval of the final plan. The property owner shall assume maintenance of the NURP ponds if so required by the City in the easement. O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 7 OF 9 MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL aRTY PLANNED UNIT DEVELOPMENT . . Easement for Implementation of Highway 10 Design Theme Prior to approval of the development stage plan, the property owners(s) shall provide to the City an easement of not less than 15 feet along the Highway 10 frontage to allow for design improvements such as landscaping, sidewalks, and lighting which would implement a design theme for Highway 10. This easement may coincide with the setback requirement for parking areas from Highway 10. A perpetual easement obtained from MnDOT for use of Highway 10 right-of-way for this purpose may be substituted for an easement on the O'Neil property. 22. Fire Protection The design of the access point(s) and placement of on-site fire hydrants shall be determined at the time of the development plan, and shall be approved by the Blaine-Spring Lake Park-Mounds View Fire Department. The property owner/developer shall provide an emergency access to Highway 10, in addition to the driveway entrance, as part of the development plan if determined necessary by the Fire Department and if permission is given by MnDOT. The requirements of the Fire Department shall be met prior to issuance of any use and occupancy permits on the property. 23. Undergrounding of Utilities; Utility Design All existing utilities within the site boundaries and any additional utility lines installed in conjunction with this development shall be installed underground. Existing utilities may be placed underground concurrent with the installation of new utilities. A monetary guarantee for the placement of utilities underground shall be provided if required by a development agreement. Development in this PUD shall connect to public water, sewer and storm sewer systems. The requirement for utility shut-off values and service manholes shall be determined at the time of development stage plan review, and prior to approval of any plat, if subdivision of the property is proposed, based on the criteria in Section 1120.02 of the Mounds View Municipal Code. 24. Site Improvement Agreement A site improvement agreement shall be signed by the property owner prior to approval of the final plan. The agreement shall specify the on- site and off-site improvements to be constructed and shall be guaranteed through an escrow account, letter of credit or surety bond as determined by the City Clerk-Administrator. 25. Signatures KNOW ALL MEN BY THESE PRESENTS: That Louise O'Neil, , owner of the following described property situated in the City of Mounds View, County of Ramsey, State of Minnesota: PART LYING SWLY OF C/L OF STH No. 10 OF SW 1/4 of NW 1/4 (SUBJ TO RDS, HWY & ESMTS) IN SEC 08 TN 30 RN 23. Have filed an application for rezoning from B-1 and R-2 to Planned Unit Development, Vlfhich application included the general concept plan prepared by HLM Architects and dated 2/7/97, and do hereby agree to the terms of the PUD stipulations contained in this Exhibit 1 to Ordinance No. 598. In witness whereof said Louise O'Neil, hereunto set her hand this _ day of , has ,19_. Louise O'Neil O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 8 OF 9 MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997 . O'NEIL .RTY PLANNED UNIT DEVELOPMENT ~--- .' STATE OF MINNESOTA ) ) ) STATE OF MINNESOTA ) ) ) SS SS COUNTY OF RAMSEY COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this _ day of , 19_ by Louise O'Neil, The foregoing instrument was acknowledged before me this _ day of , 19_ by Duane McCarty and Charles S. Whiting, the Mayor and City Clerk-Administrator, respectively, of the City of Mounds View, a municipal corporation, on behalf of the City. Notary Public I do hereby certify that on the _ day of 19_, the City Council of the City of Mounds View approved by Ordinance No. 598, rezoning of this property from B-1 and R-2 to Planned Unit Development, and approving the general concept plan for the PUD subject to the stipulations contained in this Exhibit 1 to Resolution 5119. Notary Public Recorded At: Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk-Administrator O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 9 OF 9 MOUNDS VIEW PLANNING CASE NO. 471-97 EXHIBIT 1 OF RESOLUTION NO. 5119 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 12, 1997