HomeMy WebLinkAboutPlanning Commission Resolution 503-97
.
.
:.
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 503-97
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A REZONING FROM B-1 AND R-2
TO PLANNED UNIT DEVELOPMENT (PUD), AND OF A GENERAL CONCEPT PLAN,
FOR COMMERCIAL USES 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 a
rezoning which would change 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,
WHEREAS, the O'Neil property is described as follows:
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.
WHEREAS, the Planning Commission makes the following findings regarding the criteria for
rezoning contained in Section 1125.01 Subd, I.e. of the Mounds View Municipal Code:
(I) Relationship to Municipal Comprehensive Plan
The applicant has applied for a comprehensive plan amendment and, if the amendment is
adopted by the City Council, there would be consistency between the rezoning request and
the Comprehensive Plan, The Planning Commission has recommended approval of the
comprehensive plan amendment in Resolution No, 502-97~ This recommendation includes
a requirement that development be limited to lower intensity uses in the area within 150 feet
of County Road H2, Uses suitable in the lower intensity area are offices, single family
detached homes, patio homes or duplex residential units not exceeding 6 units to the acre, and
parking and landscaping. Development in this area shall be designed to provide a butTer of
at least 50 feet in landscaping or tree coverage if this area is used for commercial development
to protect the single family residential neighborhood south of County Road H2,
With these restrictions, the Planning Commission finds that the land use policies in the
Comprehensive Plan regarding the following:
*
accomplishing transitions between ditTerent land uses to avoid negative impacts
maintaining and preserving the existing character of low density residential
neighborhoods by preventing the encroachment of higher density land uses and by
*
.
Planning Commission Resolution No. 503-97
April 16, 1997
Page 2
.
.
*
butTering these neighborhoods from other types ofland uses, and
insuring adequate buffering and landscaping between commercial uses and adjacent
residential developments.
The development of the O'Neil property as a commercial activity center and destination use
will result in additional property tax revenue, employment, and possible spinotT economic
activity in the community. It will comply with the land use goal in the Comprehensive Plan
regarding the following:
*
*
providing for a broad tax and expanded employment base
establishing a City Center which incorporates a mix of commercial, public, medium
and high density residential, and
regulating commercial development, where applicable, by the pun provisions in the
zoning ordinance.
*
(2)
(3)
(4)
Ibe geographical area involved.
Whether such use will tend to or actually depreciate the area in which it is proposed,
'The character of the surrounding area.
The surrounding area is a mixture of single family residential, multiple family residential,
business and civic uses, Along the west side, across Long Lake Road, is a residential
neighborhood comprised of three multiple family developments: Silver Lake Woods,
Scotland Green, and Wildwood Manor. Both Scotland Green and Wildwood Manor are
three-story apartment developments; Silver Lake Woods is a lower intensity, townhome
development. In the proposed concept plan, the residential areas on the west are shielded
from the development by an 8.5 acre wetland which will be left in its natural state, City Hall
and the park surrounding it are located to the north across the 225 foot Highway 10 right-of-
way. Donatelle's Restaurant, which is located east of the O'Neil property, is the only
development which actually shares a common property line, and both developments are
commercial uses, Immediately to the southeast is a cluster of businesses including Roberts
OtT 10, Donut Connection, Oasis Market and a car wash,
There is an extensive, existing single family neighborhood on the south, across County Road
H2, which runs from this roadway to County Road H. The criteria regarding fit between this
proposal and the surrounding area, and whether the proposal will atTect property values, is
most critical for this neighborhood. Ways in which this issue are addressed include:
*
*
Limiting access to Highway 10, and permitting no access on County Road H2.
Providing a butTer area of 50 feet along County Road H2, which will either be left in
its natural wooded state or be landscaped.
Providing a screen fence to shield the residential neighborhood to the south from the
activity associated with the theater complex, and to prevent pedestrian traffic into the
*
. Planning Commission Resolution No. 503-97
April 16, 1997
Page 3
*
neighborhood,
Placing lower intensity office uses along County Road H2, which will be designed to
have a residential character.
The property is located between two very different environments, i.e. the single family
neighborhood on the south, and the highway corridor on the north where commercial
development has concentrated in Mounds View. The project design has addressed the unique
challenges of fitting a commercial development into this environment while minimizing the
impact on surrounding residential neighborhoods,
(5) 'lbe demonstrated need for the use.
.
The market summary submitted with this application shows that there is a substantial area that
is not served by movie theaters, with more population growth occurring to the north,
northeast and northwest. The market study showed theaters located within a 3-mile, 5-mile
and 7-mile radius of this site, The theater industry uses a five mile radius as the area to be
served by a theater complex, There are no movie theaters within three miles of this site, and
one older theater having four screens within five miles of this site. Theaters proposed in the
region are at the five-mile radius or beyond.
WHEREAS, the Planning Commission 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
thaI 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 sign age ,
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 Planning Commission finds 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 Planning Commission 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
23,99 acres
1690 feet
1280 feet
.
.
Planning Commission Resolution No. 503-97
April 16, 1997
Page 4
Landscaping, Screening and Surfacing:
(1) Thc entirc site, othcr than that taken up by structurcs or landscaping, shall be surfaced with a matcrial to
control, dust, drainage and erosion,
.
.
The applicant is proposing a paved parking lot to serve the theater and office buildings,
(2) A dminagc system conforming to the comprchensivc storm drainagc plan and subject to the approval ofthc
Director of Public Works/City Enginecr shall be installcd.
The drainage system is designed to collect the water from the developed portion of the site,
run it through detention ponds to allow settling of pollutants, and then discharge the water
in the wetland, The wetland drains through a 15" pipe into the storm sewer system in Long
Lake Road, Development of this project will result in higher water levels in the wetland (0.2
feet in a 10 year storm; 0,3 feet in a 100 year storm), The increase water elevation will not
have a negative impact on adjacent structures or roads; the water will remain on the site, The
higher water levels are expected to increase the amount of wildlife habitat, flood/stormwater
attenuation, water quality protect, and open water area in the wetland. No impacts to the
existing groundwater table, or to the current recharge potential of the area are expected. The
City Engineer has reviewed the drainage system and finds it in compliance with the City's
comprehensive storm drainage plan, and acceptable in terms of preliminary design. Final
design of the drainage system will be checked at the development plan stage,
(3) Development abutting an R-I, R-2 or R-3 District shall be screcncd and landscaped in compliance with
subdivisions 1003,08 (1) through (5) of this Titlc.
This requirement is not applicable since this property does not abut any R-l, R-2, or R-3
districts, The proposal would meet the requirements of Section 1103.08,
WHEREAS, the Planning Commission has reviewed the following documents:
*
*
*
*
*
Site Design, prepared by HLM Architects, dated 2-7-97
Traffic Study, prepared by SRF Consulting Group, dated 3-12-97
Traffic Study, prepared by SRF Consulting Group, dated 4-10-97
Market Summary
Parking Study prepared by Wells & Associates for Carmike Theater in Lancaster
County, P A, dated 2-11-97
Memorandum from the City Engineer (Rocky Keehn), dated 3-10-97
Memorandum from the City Engineer (Wayne Jacobsen), dated 3-10-97
Memorandum from the Mounds View Police Department, dated 2-25-97
Memorandum from the Blaine/Spring Lake Park/Mounds View Fire Department,
dated 3-5-97
Letter from U.S. Army Corps of Engineers, dated 3-24-97
*
*
*
*
*
.
.
.
Planning Commission Resolution No. 503-97
April 16, 1997
Page 5
NOW, THEREFORE, the Mounds View Planning Commission does hereby recommend that
the City Council approve a rezoning from B-1 and R-2 to Planned Unit Development (PUD) for
commercial uses, and approving a general concept plan as shown in the site design dated 2-7-97, for
the O'Neil property, 2430 Highway 10, subject to the stipulations in Exhibit 1, attached hereto and
incorporated herein by this reference, and subject to provision of a traffic analysis ro the restaurant
sites being submitted for City Council review prior to City Council action.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs Staff
to forward this Resolution to the City Council prior to approval of the minutes.
Adopted this 16th day of April, 1997.
~
Jerry 4;:l, Chairperson
ATTEST:
~~~
Community Development Director
(SEAL)
N :\DATAlGRGl]PS\COMDEV\DEVCASES\471-97\I'CRES.ZON
.
O'NEIL P.ERTY
PLANNED UNIT DEVELOPMENT
.
Vicinity Map
..... ...I.,....~ :.~_.". ~:.1.~
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 OF9
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 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 (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 PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON I Y1~ Q 7) /"'97
.
O'NEIL P.ERTY
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 properly 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 properly 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 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.
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 PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON mc~ ~?, /997
-
.
O'NEIL P.ERTY
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 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 permits shall
be issued until such proof of recordation is provided.
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
responsible for replacing them with trees of at least 2-1/2" caliper and
O'NEIL PLANNED UNIT DEVELOPMENT
2430 HIGHWAY 10
PAGE30F9
MOUNDS VIEW PLANNING CASE NO. 471-97
EXHIBIT 1 OF PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON 117.<;"'1,2 7/ Ictc;7
.
O'NEIL paERTY
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 H2. 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
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 development plan staae.
O'NEIL PLANNED UNIT DEVELOPMENT
2430 HIGHWAY 10
PAGE 4 OF 9
MOUNDS VIEW PLANNING CASE NO. 471-97
EXHIBIT 1 OF PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON IJ"} cu-; ;;17, I Cj "'1/
.
O'NEIL P.ERTY
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
O'NEIL PLANNED UNIT DEVELOPMENT
2430 HIGHWAY 10
PAGE 5 OF 9
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
MOUNDS VIEW PLANNING CASE NO. 471-97
EXHIBIT I OF PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON fl1UAJ d-), 1'717
.
O'NEILP.ERTY
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 signage 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 H2. This access configuration has
preliminary approval from the Minnesota Department of Transportation
(MnDOT). The property owner/developer shall fumish 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 PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON In ~ ~ 7, (9 '17
!/
.
O'NEIL P.ERTY
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.
21. Platting & Easements
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 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; 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.
. 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.
I
. 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 t'or 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 I OF PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON ;11 ~ ,')1., /1 <;1/
.
O'NEIL P.ERTY
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, which 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 PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON fV1.~ .J?, /917
.
O'NEIL P.ERTY
PLANNED UNIT DEVELOPMENT
.
STATE OF MINNESOTA
)
)
)
STATE OF MINNESOTA
COUNTY OF RAMSEY
COUNTY OF RAMSEY
)
)
)
SS
SS
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
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.
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 I OF PLANNING COMMISSION RESOLUTION NO. 503-97
APPROVED BY THE MOUNDS VIEW CITY COUNCIL ON ,1) ~ J7; I q~;7