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HomeMy WebLinkAboutResolution 9443RESOLUTION 9443 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING OF; THE PRELIMINARY PLAT OF ANTHONY PROPERTIES, SECOND ADDITION; AMENDING THE PUD NARRATIVE FOR THE O'NEIL PROPERTY; AND APPROVING A DEVELOPMENT REVIEW FOR CARIBOU CABIN; 24XX MOUNDS VIEW BOULEVARD (PLANNING CASE MU2021-001) WHEREAS, the applicant; Mark Krogh (Java Companies), representing the owner; AP Mounds View, LP, has applied for approval of; (1) the Subdivision of Anthony Properties Second Addition, requiring an Amendment to the PUD Narrative of the O'Neil Property to reflect this change; and (2) a Development Review for Caribou Cabin, on property located in the parking lot of New Vision Theater; 2430 Mounds View Boulevard, legally described as: PID: 08-30-23-23-0006 Lot 3, Block 1, ANTHONY PROPERTIES ADDITION, according to the recorded plat thereof, Ramsey County, Minnesota WHEREAS, Mounds View Municipal Code, §158.020, requires full platting for all subdivision requests; and, WHEREAS, the applicant submitted the following plans: Commitment for Title Insurance, February 8, 2021 Preliminary Plat, dated March 11, 2021 Civil plans, dated March 12, 2021 Architectural plans, dated March 12, 2021 Landscape plans, dated March 16, 2021 Signage plans, dated March 12, 2021. Final Stormwater Management Study, dated June 11, 2021 Revised Civil and Landscape Plans, dated June 11, 2021 Revised Civil, Landscape, and Architectural Plans, dated June 16, 2021 WHEREAS, such plans were distributed by the City to applicable Departments and Agencies for review. Comments were received from: Dan Wattenhofer, City Arborist, March 17, 2021 Nick Henly, Building Official, March 17, 2021 Res 9443 Page 2 of 5 Scott Mareck, Ramsey County, Senior Transportation Planner, March 22, 2021 Tyler McLeete, City Engineer, April 2, 2021 Scott Mareek, Senior Transportation Planner, Ramsey County, June 17, 2021 Adam Scow, RCWD (Houston Engineering), July 16, 2021 WHEREAS, the property is zoned Planned Unit Development (PUD), and is within the County Highway 10 Corridor Overlay District. Any development or redevelopment is subject to requirements of the O'Neil Property PUD Narrative (Resolution 5199), as amended (Resolutions 5226, 5997, and 9381); and, WHEREAS, the property is guided Regional Commercial in the Comprehensive Plan (2010), intended for the provision of goods and services with a primary service area of 10 or more miles; and, WHEREAS, the Mounds View Municipal Code § 150.054 requires the Planning Commission to review proposals for new construction and additions to the principal building, with exceptions. The Developer is proposing to construct a principal commercial building, 16' X 36' (576 sq ft), which requires a Development Review; and, WHEREAS, a Public Hearing is required for Action to approve a Subdivision, and to amend a Planned Unit Development. The City Council held a Public Hearing on July 12, 2021. A Public Hearing Notice was published in the June 22, 2021 Shoreview Press, and mailed to property owners within 350' of the subject property; and, WHEREAS, the Mounds View Planning Commission reviewed the requests at its July 7, 2021 meeting, recommending Approval (Resolution 1135-21); and, NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council makes the following Findings: Finding: The proposed use of Lot 1, Block 1 of Anthony Properties Second Addition as a Drive-Thru Restaurant (e.g. Caribou Cabin), is an allowable use according to the PUD Narrative for the O'Neil Property, as amended (Resolution 9381). Finding: The continued use of Lot 2 and Lot 3, Block 1 of Anthony Properties Second Addition as a parking lot, is an allowable use according to the O'Neil Property PUD Narrative. The removal of Lot 1 (Caribou Cabin) from the parking lot, will reduce overall Theater parking by 34 stalls. This is not a significant reduction, and should not impact demand for Theater parking. Finding: The area of Lot 1 (Caribou Cabin) does not impact the previously approved Conditional Use as a Seasonal Farmers Market (Resolution 7621). The Farmers Market is intended to operate annually, June I` thru October 30th, from 8:00 AM — 2:00 PM, one day per week. The Farmers Market is not limited to the area consumed by Caribou Cabin, but was intended for that same location at the time Res9443 Page 3 of 5 of approval (2010). Finding: The proposed use is consistent with the DRAFT Comprehensive Plan. Drive- Thru Restaurants are not specifically addressed in the Draft Comprehensive Plan. The property is guided Mixed Use, intended for development to occur as a PUD, with a 60/40% residential/commercial mix. A Drive-Thru Restaurant is consistent with this commercial mix. Finding: The proposed redevelopment of Lot 1, and continued use of Lot 2 and Lot 3, Block 1, Anthony Properties Second Addition, is consistent with requirements of Mounds View Municipal Code, § 160.315 thru § 160.319 (Planned Unit Developments), and is consistent with the Criteria for granting Conditional Use Permits (Mounds View Municipal Code §160.452). NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council approves of the Preliminary Plat of ANTHONY PROPERTIES SECOND ADDITION, contingent upon the following; 1. The Preliminary Plat shall be amended to add a 25' wide Drainage & Utility Easement adjacent to the CSAH 10 Right -of -Way, on Lots 1, 2, and 3. The intent is for the entirety of the pedestrian trail to be located in this easement. 2 The Developer shall comply with Rice Creek Watershed District (RCWD) regulations, and obtain applicable permits, prior to Final Plat approval. The Developer shall comply with the City Engineer's letter, dated April 2, 2021. 4. The Preliminary Plat (June 11, 2021) shall be amended such that storm water infiltration basins shall be included within Drainage & Utility Easements. 5. The Developer shall pay a Park Dedication Fee for Lot 1 equal to 10% of the Estimated Market Value ($16,771), minus credit for fees paid when platted in 1998 ($2,468), for a Total fee of $14,303. Park Dedication Fees for Lot 2 (theater parking lot) and Lot 3 (Moe's parking lot) shall be deferred until which time the lots are re -subdivided, for a more intensive use. The Developer shall pay this fee for Lot 1 prior to the City signing the Final Plat mylars. 6. The Developer shall submit a Final Plat, and comply with any requirements of the City Attorney, as part of the Plat Opinion. 7. The Developer shall agree and sign a Development Agreement with the City of Mounds View, prior to the City signing the Final Plat mylars. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council approves of an Amendment to the O'Neil Property PUD Narrative, specific to the Res 9443 Page 4 of 5 following references; Legal Description: Lot 1, Lot 2, and Lot 3, Block 1, Anthony Properties Second Addition, shall be inclusive of the legal description for the O'Neil Property Planned Unit Development. 4. Site Data: Lot 1, Lot 2, and Lot 3, Block 1, Anthony Properties Second Addition, shall be inclusive of the Theater Site (7.40 acres). Dimensional Requirements: Parking Requirements for the Theater shall exclude Lot 1, Block 1, Anthony Properties Second Addition, which consists of a reduction of 31 stalls. Lot 1 (Caribou Cabin) shall have shared parking on Lot 2 (Theater), specifically for employees, and/or overflow customer parking. 10. Landscaping; Highway 10 Design Theme: References to a 15' easement adjacent to Highway 10 (Mounds View Boulevard), shall be amended to a 25' easement across Lot 1, Lot 2, and Lot 3, Block 1, Anthony Properties Second Addition. The intent of this easement is to implement a Highway 10 Design Theme. 17. Signage: Signage specific to Lot 1, Block 1, Anthony Properties Second Addition (Caribou Cabin), shall be approved as part of this Resolution (sign permits are required). Any sign replacement or modification, shall be consistent with the intent of this Resolution, or the O'Neil Property PUD Narrative. If there is any discrepancy between the two, then any sign alteration shall comply with the Municipal Code, as interpreted by City Staff. 21. Platting & Easements: References to a 15' easement adjacent to Highway 10 (Mounds View Boulevard), shall be amended to a 25' easement across Lot 1, Lot 2, and Lot 3, Block 1, Anthony Properties Second Addition. The intent of this easement is to implement a Highway 10 Design Theme. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City Council approves of the Development Review for Caribou Cabin, with the following conditions: 1. The Site Plan, dated June 16, 2021, is deficient in parking specifically for Caribou Cabin employees. The Developer shall submit evidence of an agreement with the theater owner and operator for shared parking on the theater parking lot. This agreement shall be provided to the City and administratively approved, prior to issuance of a Building Permit on Lot 1 (Caribou Cabin). 2. The project shall be constructed consistent with Construction Plans, dated June 11, 2021, Res 9443 Page 5 of 5 and Sign Schedule, dated March 12, 2021. The Landscape Plan shall be amended from 3 Ornamental Trees, to 4 Ornamental Trees. 3. The Developer shall submit a Tree Preservation Plan, in compliance with Municipal Code, Section 160.415 thru 160.418. Any tree trimming or removal shall be coordinated with the City Arborist, and obtain permits from Ramsey County, if applicable. Tree replacement or additional landscaping along the trail corridor may be required at the City Arborist's discretion during the construction process. This is intended to allow the City and Developer flexibility in maintaining the corridor's treed character while improving visibility for the business (Caribou Cabin). Adopted this 26u, Day of July, 2021 ATTEST: (SEAL) Carol A. Mueller, Ma or /A/6 &/�' '/ Nyle un , City Administrator Doc No A04910330 Certified, filed and/or recorded on Sep 29, 2021 1:20 PM Office of the County Recorder Ramsey County, Minnesota Todd J. Uecker, County Recorder Heather L. Bestler, County Auditor and Treasurer Deputy 406 Pkg ID 1479689M Document Recording Fee Abstract $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.