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HomeMy WebLinkAboutResolution 5226 . RESOLUTION NO. 5226 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A PUD DEVELOPMENT STAGE PLAN, FOR COMMERCIAL USES ON THE O'NEIL PROPERTY, 2430 HIGHWAY 10; PLANNING CASE NO. 517-98. WHEREAS, the O'Neil property is described as follows: The Southwest 1/4 of the northwest 1/4 of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway No. 10-62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota and all that part of the northwest 1/4 of the northwest 1/4 of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway No. 10, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota. . WHEREAS, Anthony Properties Management, Inc. and Louise O'Neil have previously applied for and the City has approved an amendment of the comprehensive plan designation of the O'Neil property to a Mixed Use PUD; and, WHEREAS, Anthony Properties Management, Inc. and Louise O'Neil have previously applied for and the city has approved a rezoning which changed the designation on the O'Neil Property from B-1 (neighborhood commercial) and R-2 (duplex residential) to Planned Unit Development (PUD) for the development of commercial uses and a PUD general concept plan; and, WHEREAS, in accordance with Chapter 1120 of the Mounds View Municipal Code, Anthony Properties Management, Inc. and Louise O'Neil have applied for approval of a PUD development stage plan approval; and, * * * * * . * * WHEREAS, the City Council has reviewed the following documents: Site plan, grading, drainage, erosion control, landscape and utility plans by Sunde Engineering, dated 3-6-98, 4/24/98, and 5/11/98 Theater elevation drawings Office elevation drawings Memorandum from the City Engineer (Rocky Keehn), dated 4-13-98 Memorandum from the SEH dated 3-31-98 Fax from the Fire Marshal (Mark Bishop), dated 3-3-98 Letter from U.S. Army Corps of Engineers, dated 4-7-98 . . . Resolution No. 5226 May 11, 1998 Page 2 * * Letter from the Minnesota Dept. of Natural Resources, dated 3-26-98 Memorandum from City Forester (Rick Wriskey), dated 3-31-98 WHEREAS, the City Council finds that this proposal meets the purpose and intent of Planned Unit Developments as stated in Section 1120.01 of the Mounds View Municipal Code in that the proposal has planned the overall development of this property and included an appropriate mix of uses which compliment each other, and will add to the vitality of the City Center. Requirements have been included to insure high quality architectural design and coordinated signage. The substantial wetland on the property will be preserved, and consideration will be given to preserving the tree cover on this parcel outside of development areas wherever possible. WHEREAS, the City Council tinds that this proposal meets the general requirements and standards for Planned Unit Developments (Section 1120.02) through the stipulations established in Exhibit 1 to this resolution. WHEREAS, the City Council finds that this proposal meets the special requirements and standards for commercial PUDs (Section 1120.03 Subd. 2) as follows: Minimum Project Size Minimum Street Frontage Minimum Property Width Required 5 acres 200 feet 200 feet Provided 26.03 acres 1690 feet 1280 feet WHEREAS, the City Council has found that the proposed PUD development stage plan is generally consistent with the approved PUD general concept plan; and, WHEREAS, the City Council has found that the proposed PUD development stage plan meets the review and evaluation criteria found in 1120.04, Subdivision 3f.of the Mounds View Municipal Code. WHEREAS, the Mounds View Planning Commission reviewed this matter and unanimously recommended approval of Planning Commission Resolution No. 544-98 recommending City Council approval of a PUD development stage plan dated 3-6-98 with stipulations. NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby approve a PUD development stage plan dated 3-6-98 as amended on 5/11/98, for the O'Neil property, 2430 Highway 10, and as described in Exhibit 1, attached hereto and incorporated herein by this reference, and subject to the following stipulations: . . . Resolution No, 5226 May 11, 1998 Page 4 EXHIBIT 1 . . . Resolution No. 5226 May 11, 1998 Page 3 1. That the landscape plan should be amended to incorporate the changes suggested by the City Forester in his 3-31-98 memorandum. A final landscape plan should be submitted for approval by the City Forester. 2. That the site plan be amended to incorporate the changes suggested by SEH in the memorandum dated 3-31-98 and the comments from the Fire Marshal. The site plan submitted for PUD final plan approval should include the changes. 3. The drainage/utilities plan should be amended to eliminate the City storm sewer system on the property as per the memorandum from Rocky Keehn dated 4-13-98. The drainage/utility plan submitted for PUD final plan approval should include the changes. 4. The the developer shall complete a sight line study of the light standards on the theater portion of the site to determine if the light standards are visible from residential properties to the south. If it is determined that they would be visible the height of the visible light standards should not exceed 24 feet in height. 5. Preliminary and final plats in accordance with Title 1200 of the Mounds View Municipal Code must be approved by the City prior to the issuance of permits for more than one building on the site. 6. City approval of a wetland buffer permit in accordance with Title 1300 of the Mounds View Municipal Code. 7. Approval of the required permit from the Rice Creek Watershed District. 8. Approval of the permits from MnDOT for the accesses onto Highway 10. 9. The plan shall be amended to include a sidewalk on the west side of the new street from the theater to County Road H2. Adopted this 11th day of May, 1998. ~~ ATTEST: CkUW2 ~ . .. "". . . Charles S. WhItmg, ItyClerk/ Admmlstrator (SEAL) N :\DA T A \GROUP~'\COM DEV\DEVCASES\471-97\CCRES.DSP . O'NElaERTY 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] 0 PAGE] OF ]0 2. Zoning: Commercial Planned Unit Development (PUD) 3. Allowed Uses (1): Multi-screen movie theater Office space Parking Restaurant Retail/Restaurant max 2160 seats; 15 screens max 33,000 gross sq.ft. Parcel A (2) Parcel B max 6400 sq.ft. (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 of food. 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 fitting 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 (as delineated) Total Site Area: 7.40 acres 1.38 acres 1 .03 acres 1.25 acres 2.79 acres 1 .56 acres 8.25 acres 26.03 acres MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT I OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NEILeERTY PLANNED UNIT DEVELOPMENT . Building Heights (2) Theater 46 feet maximum Office 26 feet maximum Restaurants 30 feet maximum Impervious Areas Parking Building Total 6.83 acres 2.47 acres 9.30 acres 35.7% (2) 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 8.25 acres 8.48 acres 16.73 acres 64.3% Parking Requirements (3) Theater 1 space per 4 seats 540 spaces Office 1 spaceper250sq.ft. 132(4) Restaurant 1 space per 100 sq.ft.. of GFA or 1 space per 3 seats, whichever is more (5) Retail/Restaurant 1 space per 100 of retail floor area plus 1 per employee; 1 space per 100 sq.ft. of GFA or 1 space per 3 seats, whichever is more. 5. Dimensional Requirements Setbacks - Buildings & Parking Areas Front Highway 10 30 feet minimum New Road 20 feet minimum (office) 40 feet minimum (theater) 20 feet minimum (parking) 50 feet min 400 feet min (theater) 200 feet min (restaurant) Rear County Road H2 Side Long Lake Road (3) The property owner/developer shall provide a minimum of 689 total spaces and shall provide a minimum of 540 spaces at the time use and occupancy permits are issued for the theater complex. East Property Line Buildings Parking Areas 90 feet min 10 feet min 100 feet min (1) (4) The approval of this PUD includes approval of joint use of the p8!king area by the theater and the office buildings because of offsetting hours. 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. Wetland (1) Except as shown on the approved development stage plan and with approval of a wetland alteration permit by City Council. (5) The number of parking spaces required for the restaurant and retail sites shall be based on the approved developmnent stage plan and the exact use O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 2 OF 10 MOUNDS VI EW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NEILeERTY PLANNED UNIT DEVELOPMENT . shall be based on the approved developmnent stage plan and the exact use determined at the time of building permit review, based on ordinance requirements. Restaurant and retail uses shall be self-sufficient and shall not require use of theater parking. 6. Review and Construction Process . General Concept Plan The approved general concept plan shall be as approved by Resolution No. 5119 including stipulations found in 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 The approved develoment stage plan shall be as approved by Resolution No. 5226 and as specified in Exhibit 1 of Resolution 5226 including stipulations and attached plans dated 3/6/98 and revised on 4/24/98 and 5/11/98. Where there are conflicts or inconsistencies between the general concept plan and the development stage plan, the development stage plan shall apply. . Final Plan Prior to the issuance of any building or grading permits, 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.. 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 O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 3 OF 10 Community Development Department within 30 days of the date of approval. No permits shall be issued until such proof of recordation is provided. . Construction 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 has completed an inventory of 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 MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/1 ]/98 . O'NEnaERTY PLANNED UNIT DEVELOPMENT . 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 responsible for replacing them with trees of at least 2-1/2" caliper and 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 H2. No construction of any buildings, paving, or other improvements, other than installation of the new public street, utility lines, landscaping and berming, shall be permitted in this area. The specific treatment to be used in the buffer area shall be as shown on the approved development stage plan. Areas used for installation of utility lines shall be revegetated in accordance with the approved landscaping O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 4 OF 10 plan. The existing tree cover to be retained shall be preserved as provided in #8. Except for the new public street and related improvements, 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 development stage 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 may be graded and seeded until such time as the office buildings are developed. 10. Landscaping; Highway 10 Design Theme A detailed landscaping plan showing species, numbers and sizes of all plant materials has been 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 permits for any building construction, 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. MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NEI.ERTY PLANNED UNIT DEVELOPMENT . 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 development stage plan, and will include water quality ponds (NURP ponds) and a portion of the theater, restaurant, and retail buildings, trash enclosures and parking areas. The detailed location of these improvements shall be established at the development plan stage. 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. A minimum 10 foot wide natural buffer easement shall be provided adjacent to the wetland. 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 development stage 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 has been 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: . the written statement from the Minnesota Department of Natural Resources that the development plan is in compliance with State regulations regarding wetlands (letter dated 3/26/98). . a written statement from the U.S. Army Corps of Engineers that the development plan is in compliance with Federal regulations regarding wetlands (letter dated 4/7/98). 13. Lighting A lighting plan submitted with the development stage plan, includes 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. The most southerly row of lighting standards shall not exceed 24 feet in height. 40 foot high light standards may be used in the remaining portion of the theater/office portion of the site. 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 O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 5 OF 10 MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NEl.ERTY PLANNED UNIT DEVELOPMENT . 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 shows 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. The property owner(s) shall execute and 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 O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 6 OF 10 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 as designated on the approved development stage plan. 17. Signage Signage shall be consistent with the coordinated sign program for this site submitted as part of 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. 18. Architectural Character A colors and materials board, elevations and architectural renderings have been submitted as part of the 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, stone, or exterior insulation finish system (EIFS), 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. MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NEIL.ERTY PLANNED UNIT DEVELOPMENT . . 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. . Restaurant and Retail Buildings: The restaurant and retail 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 development stage plan includes one signalized full access point from Highway 10 approximately midway between Long Lake Road and County Road H2. A secondary right in right out access shall be provided to Highway 10 at the southside of the property as per the MnDOT approval letter dated 5/11/98. The width and design of the access points shall meet the requirements of the Blaine-Spring Lake Park-Mounds View Fire Department and MnDOT. There shall be constructed a new public street between Highway 10 and County Road H2 as per the MnDOT approval letter dated 5/11/98. There shall be no traffic access to Long Lake Road except from the restaurant site at the corner of Long Lake Road and Highway 10. The access from the restaurant site shall be located north of the intersection of Long Lake Road and Mounds View Drive. There shall be no vehicular access from the restaurant site to any other parcel within the PUD. The property owner/developer and the City shall undertake efforts to obtain final 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 internal 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 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 or pathway 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 by the City. 21. Platting & Easements . Platting and Park Dedication Requirements The property is to be subdivided into 6 lots. The land division shall be O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 7 OF 10 MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NEl.ERTY PLANNED UNIT DEVELOPMENT . 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. 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. . Easement for Implementation of Highway 10 Design Theme The property owners(s) shall provide to the City an easement of not O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 8 OF 10 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 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. 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 and plat approval, based on the criteria in Section 1120.02 of the Mounds View Municipal Code. 24. Site Improvement Agreement MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NETLeERTY PLANNED UNIT DEVELOPMENT . 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: The Southwest 1/4 ofthe northwest 1/4 of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway :\"0.10-62, according to the l"nited States Government Survey thereof and situate in Ramsey Count).. Minnesota and all that part ofthe.northwest 1/4 of the northwest 1/4 of Section 8, Tow!lship 30, Range 23, I)'ing southwesterly of State Trunk Highway No. 10, according to the Vnited States Government Survey thereof and situate in Ramsey County, Minnesota. Have filed an application for a development stage plan prepared by Sunde Engineering,Artech Design Group, and Boarman Kroos Pfister Vogel & Associates dated 3/6/98 and revised on 4/24/98 and 5/11/98, and do hereby agree to the terms of the PUD stipulations contained in this Exhibit 1 to Resolution No. 5226. 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 9 OF 10 STATE OF MINNESOTA ) ) ) SS COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this _ day of , 19_ by Louise O'Neil, Notary Public I do hereby certify that on the 11th day of May, 1998, the City Council of the City of Mounds View approved the development stage plan for the PUD subject to the stipulations contained in this Exhibit 1 to Resolution 5226. Duane McCarty, Mayor ATTEST: Cf&f u City Clerk-Administrator MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT 1 OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98 . O'NEI.PERTY PLANNED UNIT DEVELOPMENT . STATE OF MINNESOTA SS COUNTY OF RAMSEY 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: O'NEIL PLANNED UNIT DEVELOPMENT 2430 HIGHWAY 10 PAGE 100F 10 MOUNDS VIEW PLANNING CASE NO. 517-98/471-97 EXHIBIT I OF RESOLUTION NO.5226 APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 5/11/98