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HomeMy WebLinkAboutResolution 5127 - ~ - RESOLUTION NO. 5127 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING A GENERAL CONCEPT PLAN TO ALLOW DEVELOPMENT OF COMMERCIAL AND RESIDENTIAL USES AT 2704-2740 HIGHWAY 10 AND 7801 SILVER LAKE ROAD; PLANNING CASE NO. 477-97. WHEREAS, D.W. Jones Inc., George and Christine Winiecki, and Five D Limited have applied for approval of a general concept plan for the development of a convenience market/gas station/car wash/fast food restaurant, sit down restaurant, office building(s), and a senior citizen housing project on property bounded by Highway 10, the St. Paul Waterworks pipeline easement, and Silver Lake Road, and described as follows: That part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 30, Range 23, Ramsey County, Minnesota described as beginning at the southwest corner of said Southeast Quarter; thence easterly along the south line of said Southeast Quarter 1,346.90 feet to the center line of State Trunk Highway No. 10; thence northwesterly along said center line 1,434.13 feet to the center line of Silver Lake Road; thence southwesterly and southerly 1,219.64 feet along said last centerline to the point of beginning. Subject to State Trunk Highway No. 10, Silver Lake Road and St. Paul Waterworks Right of Way. Except that part of said Southeast Quarter described as commencing at the southwest corner of said Southeast Quarter and measuring easterly along the south line of said Section 6 a distance of 1,346.9 feet to the intersection of the center line of Highway No. 10 (Anoka Cut-off); thence northwesterly along the centerline of said Highway No. 10, a distance of 765.9 feet to the point of beginning; thence southwesterly at right angles to the center line of said Highway No. 10 a distance of 275 feet; thence northwesterly and parallel with said centerline 100 feet; thence northeasterly at a right angle to the centerline of said Highway No. 10; thence southeasterly along said Highway No. 10 to the point of beginning. WHEREAS, the applicants have submitted a general concept plan prepared by E.G. Rud & Sons and dated 5/22/97 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 pun 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. 2. 3. Planning Application Zoning Map PUD Concept Plan, dated 5/22/97 - ~ - City Council Resolution No. 5127 May 27, 1997 Page 2 4. Letter from Applicant (dated 3/5/97) 5. Letter from Developer (dated 3/27/97) 6. Estimated Tax Impact (dated 3/19/97) 7. Market/traffic analysis (dated 3/19/97) 8. Letter from Ramsey County Traffic Engineer (dated 4/23/97) 9. Letter from MnDOT (dated 3/3/97) 10. Letter from Minnesota DNR (dated 3/3/97) 11. Letter from Army Corps of Engineers (dated 3/3/97) 12. Letter from St. Paul Water Utility (dated 2/24/97) 13. Letters from residents 14. Letter from SEH regarding traffic issues, dated May 9, 1997 15. Response from Biko Associates, dated May 15, 1997 16. Follow-up Letter from SEH regarding traffic issues, dated May 20, 1997 17. Letter from SEH regarding drainage issues, dated May 22, 1997 18. Letter from SEH regarding soil investigation, dated May 16, 1997 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. 505-97; and, 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 RESOL YED that the Mounds View City Council does hereby approve the general concept plan for the D.W. Jones Property prepared by E.G. Rud & Sons and dated 5/22/97, 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 that the property owner(s) execute the PUD stipulations and that the PUD stipulations be recorded with the Ramsey County Recorder. ADOPTED this 27th day of May, 199':/. ATTEST: GlLS~ w{)" . Charles S. Whiting, city1:;;k-Administrator (SEAL) N :\DAT A\USERS\P AMSISHARE\DEVCASES\477-97\477CP.RES . D.W. JO.OPERTY PLANNED UNIT DEVELOPMENT . Vicinity Map j"' 0.. "'j .. ~" I . ( (.~"1(." _ -.J._ [g,' --(;~- ~ d1)~ ~ 50 (,0} . (n) .__-'"Z__ (.I.j (>,) _.a.'-_ (~') (,,) --~- (...) (5) : b D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 1 OF12 1. Legal Description: That part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 30, Range 23, Ramsey County, Minnesota described as beginning at the southwest corner of said Southeast Quarter; thence easterly along the south line of said Southeast Quarter 1,346.90 feet to the center line of State Trunk Highway No.1 0; thence northwesterly along said center line 1,434.13 feet to the center line of Silver Lake Road; thence southwesterly and southerly 1,219.64 feet along said last centerline to the point of beginning. Subject to State Trunk Highway No.1 0, Silver Lake Road and St. Paul Waterworks Right of Way. Except that part of said Southeast Quarter described as commencing at the southwest corner of said Southeast Quarter and measuring easterly along the south line of said Section 6 a distance of 1,346.9 feet to the intersection of the center line of Highway No.1 0 (Anoka Cut-off); thence northwesterly along the centerline of said Highway NO.1 0, a distance of 765.9 feet to the point of beginning; thence southwesterly at right angles to the center line of said Highway NO.1 0 a distance of 275 feet; thence northwesterly and parallel with said centerline 100 feet; thence northeasterly at a right angle to the centerline of said Highway NO.1 0; thence southeasterly along said Highway No.1 0 to the point of beginning. 2. Zoning: Planned Unit Development (PUD) (Mixed Use) MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOa.OPERTY PLANNED UNIT DEVELOPMENT . 3. Allowed Uses: Approval of the concept plan includes an allowance for the following types of uses, and establishes the maximum number of square feet, or number of residential units, allowed. The number of square feet or of units permitted to be developed shall be established at the development stage plan, and may be less than the maximums stated in this Section 3. Adjustments in densities shall be based on the amount of encroachment into the wetland buffer area is approved in accordance with Section 10, the drainage system and requirements for water quality ponds have been approved by the City Engineer in accordance with Section 11, and after dimensional requirements (setbacks, building heights, parking, etc.) are met. Parcel 1 Gas station/fast food restaurant/ convenience market Car wash Sit down restaurant, or Office building(s)(1) Office building Senior housing Parcel 2 Parcel 3 Parcel 4 6,500 sq.ft. max 3,000 sq.ft. max 10,000 sq.ft. max 25,000 sq.ft. max 5,000 sq.ft. max 83 units; 84,000 sq.ft. max (1) The allowance for office buildings in place of a sit-down restaurant shall be subject to submittal of a traffic study and a determination by City Council that traffic impacts are acceptable, at the time of development stage plan review. 4. Site Data: Impervious Gas station/fast food restaurant/ convenience market/car wash Sit-down restaurant/office bldg(s) Office building Senior housing Access Drive Wetland 1.25 ac 1.19 ac 0.40 ac 1.10 ae Pervious 0.35 ac 0.40 ac 0.70 ac .77 ac ,70 ac 4.54 ac St. Paul Waterworks ROW Total Total Site Area 5. Dimensional Requirements Setbacks - Buildings Highway 10 & Silver Lake Road Private drive Interior lot lines Wetland St. Paul Waterworks Setbacks - Parking Areas Highway 10 Silver Lake Road Parcel 1 Parcel 4 Private drive Interior lot lines Wetland St. Paul Waterworks Building Heights (4) Gas station/Convenience store Car wash Sit down restaurant Senior housing Office 4.64 ac (35.6%) 13.03 ac 30 feet 15 feet o feet (1) 100 feet (2) 30 feet 10 feet (5) 20 feet 30 feet 10 feet (3) o feet (1) 100 feet (2) 30 feet 1.63 ac 8.39 ac (64.4%) 28 feet max 28 feet max 45 feet max 3 stories; 48 feet max 32 feet max D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10& 7801 SILVERLAKERD PAGE 2 OF12 MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JON.OPERTY PLANNED UNIT DEVELOPMENT . Parking Requirements Gas station Car wash Convenience store 4 spaces + 2 space per service bay 5 spaces in stacking lane 4 spaces per 1000 sq.ft. of GFA of retail sales areal 0 spaces for storage space Fast food restaurant 1 space per 40 sq.ft. of dining areal 1 space per 80 sq.ft. of kitchen; 8 spaces in stacking lane (if drive thru) Sit down restaurant 1 space per 100 sq.ft. GFA or 1 space per 3 seats, whichever is more 1 spacelunit + .15 spaces per unit with a minimum of 1 space covered per unit 1 space per 250 sq.ft. of GFA Senior housing Office (1) Setbacks from interior lot Iines(not abutting streets) may be reduced to 0 feet as part of an approved development plan, as long as Building Code requirements are met. (2) Except as shown on the approved development plan and with approval of a wetland alteration permit by City Council. (3) The minimum setback from the private drive may be reduced to 0 feet where it functions as a drive aisle through the parking lots for the uses east of the gas station/convenience market/car wash. The drive shall be delineated by landscaped islands where it abuts the end of parking bays. (4) 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. D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10& 780 1 SILVER LAKE RD PAGE 3 OF12 (5) May be reduced to 5 feet if a 10 foot easement is obtained from MnDO T for sidewalk and landscaping improvements in the Highway 10 right-of-way (see Section 19). 6. Review and Construction Process . General Concept Plan Approval of this planned unit development constitutes approval of the general concept plan for the D. W. Jones PUD. The general concept plan shall include these stipulations (Exhibit 1 of Resolution No. 5127) and the plan prepared by E.G. Rud & Sons, Inc., dated 5/22/97 and placed on file in the Mounds View Community Development Department under Planning Case No. 477-97. . 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, parking lot layout, acceleration and deceleration lanes on Highway 10 (if required by MnDOT), dimensioned setbacks, building footprints and elevations, building materials and colors, and site data. For this PUD, the development stage plan shall be used to finalize allowed densities, which may be lower than the maximum densities listed in Section 3, based on the factors stated in Section 3. The development stage plan shall also be used to address the design issues stated in Section 16. The PUD stipulations may be revised at the time of development stage plan review, subject to approval by the City Council. . Final Plan Prior to the issuance of any buildina or aradina oermits, or any MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JON.OPERTY PLANNED UNIT DEVELOPMENT . 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 each 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 building or grading permits shall be issued until such proof of recordation is provided. . Development Contract Prior to issuance of any building permits or grading permits, or any clearance of vegetation, the property owner/developer shall enter into a development contract in accordance with Section 1006 of the Mounds View Municipal Code. The development contract shall require the property/owner developer to post surety in an amount and form acceptable to the City Attomey and the Director of Public Works prior to issuance of any building permits, to guarantee construction of any public improvements and to post surety guaranteeing completion of any private, on-site improvements if the property owner/developer desires to obtain certificates of occupancy before improvements are complete. . Construction In accordance with Section 1120.04 of the Mounds View Municipal Code, 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 one year 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 D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 4 OFI2 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. Merchandise shall not be displayed on the sidewalk in front of the gas station/convenience market/fast food or car wash buildings, or outside of any building in this PUD, subject to passage of a city-wide ordinance establishing this requirement for all convenience stores. 8. Tree Preservation In its undeveloped state, this site includes areas of mature trees. A determination shall be made at the time of development plan approval which mature trees and tree stands are to be preserved. The applicant shall inventory all trees 10 inches or more in diameter as part of the development stage plan. Effort shall be made to preserve trees were possible, including the use of setback and buffer areas, and parking lot islands. 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 responsible for replacing them with trees of at least 2-1/2" caliper and of similar species, as directed by the City Forester. During construction, the property owner and/or developer shall be responsible for insta!lation of protective fencing around trees and tree stands 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 MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT I OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOaOPERTY PLANNED UNIT DEVELOPMENT . construction and for assuring construction activity and the parking of equipment is kept out of these areas. shall be permitted in the area designated as wetland. 9. 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 create a lush, high quality appearance, 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 ten !1..Ql feet in width along the Highway 10 frontage for use in implementing a Highway 10 design theme, as provided in Section 19 . 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, including the landscaping in the easement area. 10. Wetland; Wetland Buffer Area The wetland in the D.W. Jones PUD is protected by the Minnesota Department of Natural Resources (#258W). Three delineations of the wetland have been done and are noted on the general concept plan {6/22/88, 7/28/92, 5/97. The approval of the general concept plan is based on the 5/97 delineation. Prior to approval of the development stage plan, the property owner/developer shall obtain approval for a wetland delineation from the Rice Creek Watershed District. This delineation shall be used in evaluating the development stage pian and the amount of density permitted on the property. No construction Construction in the wetland buffer area is proposed in the general concept plan. The specific improvements to be permitted in the wetland buffer area shall be determined at the time of the development stage plan review, and any encroachment requires approval of a wetland alteration permit by the City Council. The extent of encroachment allowed by the wetland alteration permit may differ from that shown on the general concept plan, and may result in a reduction in the amount of development allowed from the maximums stated in Section 3. A wetland alteration permit, if needed, shall be obtained prior to the issuance of any grading or building permits. 11. Drainage and Grading The City Engineer's evaluation of the general concept plan indicates that the NURP pond at the east end of the site is not feasible; a NURP pond will probably be needed for the senior citizen housing development (Parcel 4) and the office building (Parcel 3); and the central NURP pond will need to be expanded.:. An engineered drainage design shall be submitted and reviewed by the City Engineer as part of the development stage plan. The drainage design shall assure protection of water quality entering the wetland. Where there is a conflict in the area shown for development and the area needed to accommodate drainage improvements, the need for drainage improvements shall prevail. Accommodating the drainage improvements may result in the maximum densities allowed on the site to be lowered from the amounts stated in Section 3. The property owner/developer shall submit a grading plan as part of the development stage plan review. Prior to the issuance of any building or grading permits, the property owner is responsible for obtaining : ii approval of a permit from the Rice Creek Watershed District, Department of Natural Resources, and U.S. Army Corps of D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 5 OF12 MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOAOPERTY PLANNED UNIT DEVELOPMENT . . . 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. permits from the Minnesota Pollution Control Agency, if required, for grading in excess of five acres . 12. 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 photometries 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. 13. 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. 14. Site Maintenance; Snow Storage The property owner/business operators shall police the parking lot(s) D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 6 OF12 associated with their business every morning, prior to 9:00 AM, and remove any trash and debris. 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. 15. 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 signage on the site has an overall, coordinated appearance. 16. Site Design/Architectural Character The D.W. Jones property is located in the City Center district established by the Mounds View Comprehensive Plan (District 1), and is located at the northern gateway to the City's commercial core. Approval of the general concept plan constitutes approval of the relative location of the allowed uses and of the access points only. Approval has not been granted for a final site design, despite the detail shown in the site plan dated 5/22/97. A. Overall Site Design; Design Principles: The property owner/developer shall use a design professional for the preparation of the development stage plan. The square footage of buildinas and densities permitted in this PUD shall be determined at MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOAOPERTY PLANNED UNIT DEVELOPMENT . the development plan stage, and may be less than allowed by Section 3 based on delineation of the wetland (see Section 10), requirements for water quality ponds and the drainage system design (see Section 11), dimensional requirements (see Section 5), and easements required by this PUD (see Section 19). The following principles shall be used in the overall site design: . The sit-down restaurant may be either pushed up against Highway 10 or pulled back toward the wetland, but in both cases it ought to be grouped with the two office buildings on the east end of the site to bring visual coherence to the site. . Consideration shall be given to creating a "parking court" between the office buildings/restaurant and gas station/convenience market on the corner. The service drive should follow the perimeter of the parking court to ease the curves which must be navigated by service vehicles. . The development stage plan should include pedestrian connections between uses that provide a pleasant walking experience, separate from parking lots and drive aisles. The site should be tied into a walkway/trailway system that connects it to Silver View Park and the Highway 10/Silver Lake Road and Highway 10/County Road I intersections. . Effort should be made to create a driveway connection between T JB Homes and the development to the north and to the south to provide motorists a way to get between uses without having to go out onto Highway 10. B. Creation of Gateway: The development stage plan shall include specific design elements at the corner of Highway 10 and Silver Lake Road to create a gateway to the Mounds View Village Center. These elements may include, but not be limited to a low wall with signaae announcing the "Mounds View Village Center"; a rich landscaping palette including trees, shrubs, and flowers; lighting and fencing which tie to the Highway 10 design theme. The area at the corner used for landscaping shall be expanded. The City shall work with the property owner on the northeast comer of Highway 10 and Silver Lake Road to replicate the same gateway treatment on the opposing corner from the D.W. Jones Property. C. Buildings: All buildings in this development shall be of high-quality masonry construction, using either brick, split face block, or stone, except as noted below. All buildings 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 higher quality materials and detailing appear only on the front facade shall not be allowed. A colors and materials board, elevations and architectural renderings shall be provided at the time of development plan review. . Gas Station/Convenience MarkeUFast Food RestauranUCar Wash (Parcel 1) The design of the buildings on this site is critical to achieving the goal of a suitable gateway. Buildings in Parcel 1 shall be built from high quality masonry materials with architectural detailing and a color scheme which creates a unified image with the design features of the gateway. The use of masonry shall extend to sign supports and the columns supporting the gas station canopy. . Sit Down Restaurant Exceptions to the requirement for masonry construction may be made in order to carry out the corporate theme of the restaurant as long as a quality image is presented. The restaurant site shall be designed so as to take advantage of the wetland as an amenity and not to put the "back" of the building on that side. Consideration shall be given to building desians which allow the sit down restaurant to be viewed from D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 7 OF12 MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOaOPERTY PLANNED UNIT DEVELOPMENT . Highway 10 over the gas station/convenience market to preserve the market viability of the restaurant site. . Office Building(s) (Parcel 2): Office buildings on this site shall have residential character meaning they shall be at human scale with frequent windows and architectural details on all elevations, bump-outs, and pitched roofs. The design of these buildings may differ from the T JB Homes building, but some common materials shall be used to blend the neighboring developments. . Office Building (Parcel 3): Because of its close proximity to the existing T J B Homes office building, every effort shall be made to create a coordinated appearance between the two buildings. The T JB Homes office building has a unique residential design which creates special design considerations. The proposed office building shall have the appearance of having been designed with the existing T JB Homes office building. . Senior Housing Development Because of its close proximity to the existing Silver Lake Pointe Senior Apartments, effort shall be made to create a coordinated appearance between these two developments. A preliminary investigation done at the time of the general concept plan indicates underground parking is feasible for the senior housing development. The property owner/developer shall provide an engineering report on the construction of the underground parking garage, for review and approval by the City Engineer, at the time of development stage plan review. 17. Access; On-Site Circulation A maximum of three access points on Highway 10, and four access points on Silver Lake Road, shall be allowed. (This count does not include the existing driveway serving T JB Homes.) The property D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 8 OF12 owner/developer shall provide written permission from MnDOT, for the Highway 10 access points, and from Ramsey County, for the Silver Lake Road access points, prior to approval of the development stage plan. The northernmost driveway on Silver Lake Road shall be coordinated with the commercial development on the northwest side of the Highway 10/Silver Lake Road intersection. 18. AccelerationlDeceleration Lanes; Sidewalks and Trailways The property owner/developer shall construct acceleration and deceleration lanes on Highway 10 at access point(s) if required by MnDOT, and on Silver Lake Road if required by Ramsey County. The property owner/developer shall construct a sidewalk along Highway 10 between Silver Lake Road to their southern property boundary, and to County Road I if easements can be obtained from the intervening properties; and along Silver Lake Road from Highway 10 to County Road I. At the time of development stage plan review, the City Council shall obtain a recommendation from the Parks & Recreation Commission and shall determine if the property owner/developer shall build a walkway along part or all of the perimeter of the wetland prior to acting on the development stage plan. The preferred alternative for the sidewalk along Highway 10 is to place it in the Highway 10 right of way, to allow sufficient width between the sidewalk and the parking areas on the D. W. Jones property for landscaping. The property owner/developer shall make every effort to obtain permission from MnDOT for the construction of the sidewalk in MnDOT right of way. The property owner/developer shall include pedestrian connections from this site to Silver View Park and to the businesses at Highway 10/County Road I in the development stage plan. MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JON.OPERTY PLANNED UNIT DEVELOPMENT . 19. Platting & Easements . Platting and Park Dedication Requirements At the time of approval of this PUD, the property was in eight parcels which do not coordinate with the layout of the PUD development. Prior to the issuance of any building or grading permits, the applicant shall plat the property consistent with the PUD development plan. The plat shall be considered a major subdivision and 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(s) shall provide to the City a cross access and parking easement which allows joint use of the access point(s), internal drive, drive aisles and parking by the gas station/convenience market/fast food restaurant/car wash, the sit-down restaurant, T JB Homes and the office building. 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 D.W, JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 9 OF12 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. . Easement for Implementation of Highway 10 Design Theme Prior to approval of the development stage plan, the property owner(s) shall provide to the City an easement of not less than ten (10) 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 five (5) foot easement on the D.W. Jones property may be provided if a ten (10) foot perpetual easement is obtained from MnDOT for use of Highway 10 right-of-way for implementing the Highway 10 design theme. 20. 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 requirements of the Fire Department shall be met prior to issuance of any use and occupancy permits on the property. 21. Undergrounding of Utilities All existing utilities within the site boundaries and any additional utility lines installed in conjunction with this development shall be installed underground. Existing utilities shall be placed underground prior to issuance of any building permits for development of this PUD, unless a development agreement specifies conditions under which utilities may be placed underground concurrent with construction of a particular phase of development. A monetary guarantee for the placement of utilities underground shall be provided if required by a development agreement. MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOAOPERTY PLANNED UNIT DEVELOPMENT . 22. Removal of Contaminated Fill Prior to approval of the development stage plan, the property owner/developer shall provide an assessment as to the composition of the fill on the office site, and if this fill has been placed in this location in violation of wetland protection regulations. The City Council shall determine if the fill is in compliance with wetland regulations, and if not, the fill shall be removed and the wetland restored. If the area may remain in fill, any debris such as concrete or asphalt present in the existing fill dirt shall be removed, and shall be replaced with clean fill dirt. 23. Signatures KNOW ALL MEN BY THESE PRESENTS: That D.W. Jones, Inc. and Five D Limited, owner(s) of the following described property situated in the City of Mounds View, County of Ramsey, State of Minnesota: That part of the Southwest Quarter of the Southeast Quarter of Section 6, Township 30, Range 23, Ramsey County, Minnesota described as beginning at the southwest comer of said Southeast Quarter; thence easterly along the south line of said Southeast Quarter 1,346.90 feet to the center line of State Trunk Highway No. 10; thence northwesterly along said center line 1,434.13 feet to the center line of Silver Lake Road; thence southwesterly and southerly 1,219.64 feet along said last centerline to the point of beginning. Subject to State Trunk Highway No. 10, Silver Lake Road and St. Paul Waterworks Right of Way. Except that part of said Southeast Quarter described as commencing at the southwest comer of said Southeast Quarter and measuring easterly along the south line of said Section 6 a distance of 1,346.9 feet to the intersection of the center line of Highway No. 10 (Anoka Cut-off); thence northwesterly along the centerline of said Highway No. 10, a distance of 765.9 feet to the point of beginning; thence southwesterly at right angles to the center line of said Highway No. 10 a distance of 275 feet; thence northwesterly and parallel with said centerline 100 feet; thence northeasterly at a right angle to the centerline of said Highway No. 10; thence southeasterly along said Highway No. 10 to D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 10 OF12 the point of beginning. Have filed an application for rezoning from B-2 to Planned Unit Development, and do hereby agree to the terms of the PUD document and general concept plan approved by the City Council of the City of Mounds View by Resolution No. 5127. For Lots_ _ In witness whereof said Ron Duchesneau, Jr., Vice President of D.W. Jones, Inc., has hereunto set his hand this _ day of ,19 . Ron Duchesneau, Jr., Vice President D. W. Jones, Inc. (SEAL) STATE OF MINNESOTA ) ) ) SS COUNTY OF RAMSEY On this _ day of , 1997, before me appeared Ron Duchesneau, Jr., Vice President of D.W. Jones, Inc., a corporation, that the seal affixed to the foregoing instrument is the corporate seal 0 f the corporation, and that the said instrument was executed on behalf of the corporation by authority of its Board of Directors, and that they acknowledge said instrument to the be free act and deed of the corporation. Notary Public MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOAOPERTY PLANNED UNIT DEVELOPMENT . For Lots and In witness whereof said Charles E. Durand, President of Five D Limited has hereunto set his hand this _ day of 19_. Charles E. Durand, President Five D Limited STATE OF MINNESOTA ) ) ) SS COUNTY OF RAMSEY On this _ day of , 1997, before me appeared Charles E. Durand, President of Five D Limited, a corporation, and that said instrument was executed on behalf of the corporation by of its board of directors, and they acknowledge said instrument to the be free act and deed of the partnership. Notary Public For Lots and In witness whereof said George and Christine Winiecki, husband and wife, have hereunto set his and her hand this _ day of ,19 . George Winiecki Christine Winiecki STATE OF MINNESOTA ) ) ) SS COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this _ day of , 19_ by George and Christine Winiecki, husband and wife. 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. 599, rezoning of this property from B-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 No. 5127. Duane McCarty, Mayor ATTEST: Charles S. Whiting, City Clerk-Administrator STATE OF MINNESOTA ) ) ) SS COUNTY OF RAMSEY D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 11 OFI2 MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997 . D.W. JOaOPERTY PLANNED UNIT DEVELOPMENT . 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 RECORDED AT: N:\DA T A \G ROUPS\COMDEV\DEVCASES\4 77 -97\477 -97. PUD D.W. JONES PLANNED UNIT DEVELOPMENT 2704-2740 HIGHWAY 10 & 7801 SILVER LAKE RD PAGE 12 OF12 MOUNDS VIEW PLANNING CASE NO. 477-97 EXHIBIT 1 OF RESOLUTION NO. 5127 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON MAY 27, 1997