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HomeMy WebLinkAboutPL PACKET 06202006 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 106507 Box: 33 Folder: PL PACKETS 2006 Document: PL PACKET 06202006 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA JUNE 20, 2006 7:00 P.M. REGULAR PLANNING COMMISSION MEETING COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF MEETING AGENDA. IV. APPROVAL OF MEETING MINUTES OF MAY 16, 2006 V. COMMUNICATION WITH CITY COUNCIL. VI. PUBLIC HEARINGS. VIA. Pratt/Ordway Phase II a. Preliminary/Final Amendment to Rezoned PUD b. Subdivision - Lot Combination C. Preliminary/Final Plat VII. CONCEPT REVIEWS. VI1.1. Building Fasteners - Variance Request for Parking Expansion VIII. INFORMATION. VII1.1. Comp Plan Task Force Update VIII.2. Quarterly Code Enforcement Report VII1.3. Walkable Communities -Safe Routes Grant IX. ANNOUNCEMENTS. X. ADJOURNMENT. F:\Planning\PC Agendas\2006\062006 pc agenda.doc r 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 May 16, 2006 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 Acting Chair Hanson called the meeting to order at 7:00 p.m. 11 12 PLEDGE OF ALLEGIANCE. 13 Acting Chair Hanson invited the Commission and the audience to join in the Pledge of 14 Allegiance. 15 16 II. ROLL CALL. 17 Commissioners present: Acting Chair Hanson; Commissioners Galyon, Hoska, Jensen, and 18 Young. 19 20 Absent: Chair Joel Stromgren and Commissioner Jan Jenson. 21 22 Also present: Assistant City Manager Kim Moore-Sykes. 23 24 III. APPROVAL OF MEETING AGENDA. 25 Ms. Moore-Sykes stated that a Commissioner must attend the next Council meeting. 26 27 Motion by Commissioner Hoska second by Commissioner Galyon to approve the meeting 28 agenda with the change above. 29 30 Motion carried unanimously. 31 32 IV. APPROVAL OF MEETING MINUTES. 33 Commissioner Galyon noted that Commissioner Jensen arrived after roll call, but did attend the 34 meeting, which should have been noted in the minutes 35 36 Motion by Commissioner Hoska, second by Commissioner Young to approve the Planning 37 Commission meeting minutes of April 18, 2006 as amended. 38 39 Motion carried unanimously. 40 41 V. COMMUNICATION WITH CITY COUNCIL. 42 5.1 Designate a Planning Commission member to the May 23, 2006 City Council Meeting_ 43 Acting Chair Hanson indicated that Commissioner Galyon was available to attend the next City 44 Council meeting on May 23, 2006. 45 46 VI. PUBLIC HEARINGS. 47 6.1 Request for Conditional Use Permit(CUP)—Tannin Salon. alon. 48 Acting Chair Hanson opened the public hearing at 7:03 p.m. Planning Commission Meeting Minutes May 16, 2006 Page 2 1 2 Ms. Moore-Sykes explained that Deborah Tomberlin contacted staff to discuss the City's 3 ordinance regarding opening a tanning salon in the St. Anthony Shopping Center. Body tanning 4 salons are a permitted conditional use (Section 1635.03(k)). Ms. Tomberlin has indicated that 5 she has a tentative rental agreement with Al Esther, one of the owners of the St. Anthony 6 Shopping Center, and is proposing to open the tanning salon in the end unit, where Hansen's 7 Gifts was previously. 8 9 Ms. Moore-Sykes advised that Ms. Tomberlin was provided with the City's requirements 10 regarding a Conditional Use Permit(CUP) and application form. On Friday, April 14, 2006, Ms. 11 Tomberlin submitted a completed application, fees, and additional information regarding her 12 application. There was some question at the Council regarding her signage plans, and they are 13 included in the Commissioner's packets. Ms. Tomberlin also attended a concept review of her 14 CUP application before the Planning Commission on April 18, 2006. 15 16 Deborah Tomberlin, applicant, stated she was available for questions. 17 18 Acting Chair Hanson asked the official name of the business. Ms. Tomberlin responded it will 19 be Silver Beach Tanning. She added that there will be a total of 12 beds and noted she has a 20 copy of the layout. She stated she talked with the Fire Chief and City Inspector, and the electrical 21 inspectors have been out. She stated there have been no problems. 22 23 Acting Chair Hanson said clarification was needed on the signage. Ms. Moore-Sykes explained 24 the allowable square footage has been met. 25 26 Acting Chair Hanson questioned whether a color has been chosen. Ms. Tomberlin said the sign 27 will be blue and orange. She displayed a picture and noted the dimensions of the sign are in the 28 proposal. 29 30 Vice Chair Hanson asked if there is a proposed opening date. Ms. Tomberlin said she is 31 planning for the beginning of August. 32 33 Vice Chair Hanson stated his office received a notice of the hearing, and he knows the other 34 tenants of the shopping center had also received one. 35 36 Acting Chair Hanson closed the public hearing at 7:11 p.m. 37 38 Acting Chair Hanson reiterated this is a conditional use permit and the Commission has the right 39 to put conditions on it. The state is imposing requirements in the future, and we will make sure 40 they are met. The hours of operation must match the allowable amount. The building inspector 41 will be investigating the wiring. 42 43 Commissioner Jensen stated he was unsure if he understands the issues with conditioning the 44 hours of business. Vice Chair Hanson said it wouldn't generally need conditions; it is noted that 45 the Commission can limit the hours. i Planning Commission Meeting Minutes May 16, 2006 Page 3 1 2 Motion by Commissioner Jensen, second by Commissioner Hoska, to recommend approval of 3 the request of Deborah Tomberlin for a Conditional Use Permit for a Tanning Salon in the end 4 unit of the St. Anthony Shopping Center, subject to hours of operation 6 am to 11 pm. Meets 5 state licensure requirements. 6 7 Vice Chair Hanson requested a friendly amended be added that the approval is recommended 8 upon meeting state licensure requirements, fire and electrical codes. Commissioner Jensen 9 accepted the amendment. 10 11 Ms. Moore-Sykes advised that this decision is advisory only, and Council will make the final 12 determination. 13 14 Motion carried unanimously. 15 16 VII. CONCEPT REVIEWS. 17 7.1 Pratt/Ordway Phase II. 18 a. Rezoning to PUD 19 Ms. Moore-Sykes indicated that Staff met with Daryl Gemar of Pratt Homes and Stacie Kvilvang 20 of Ehlers in January of this year regarding the Pratt Homes' proposal to construct Phase 11 of the 21 Silver Lake Homes development. At the January meeting, Mr. Gemar advised Staff that Pratt 22 Homes was in the process of purchasing Don's Carwash and Firestone Tires,which have been 23 identified as Phase 11 in their redevelopment plan. Since the properties involved in the Phase II 24 redevelopment proposal were not owned by Pratt Homes at the time that the original Mixed Use 25 Planned Unit Development(PUD) was initially approved by the Council, Staff had advised Mr. 26 Gemar that Pratt Homes would need to rezone these two properties in order to include them in 27 their already existing Mixed Use PUD. 28 29 b. Preliminary Plat 30 Ms. Moore-Sykes indicated that Pratt Homes will also have to apply for subdivision of property 31 to combine these two lots in order to continue the Phase II section of their construction plan. In 32 addition to rezoning the properties and combining the lots, Mr. Gemar was advised that Pratt 33 Homes will need to secure final plat approval. This information was later reiterated in a letter to 34 Pratt Homes on January 26, 2006. 35 36 Ms. Moore-Sykes advised that the Phase II Environmental Review of Don's Carwash site and 37 Firestone Tires site has been completed and Pratt Homes is now interested in moving ahead with 38 their planned Phase Il residential construction. 39 40 Mr. Pratt, Pratt Homes, explained the exterior elevations. The buildings will be designed to look 41 much like the cottages in the area. He also displayed a site plan that depicts a three-dimensional 42 fashion where this will fit in relation to other benchmarks. Another elevation showed how the 43 homes will look together. He pointed out the front porches, deep windows and sidewalks leading 44 up to the doors. The garages are all set on the inside. 45 Planning Commission Meeting Minutes May 16, 2006 Page 4 1 Mr. Pratt also showed a rendering illustrating the roof lines and pillars. These types of designs 2 will fit in nicely with the area. This is new and a fresh design. He said as they have built 3 condominiums, they have heard from buyers that would like to have direct access to the home 4 from the garage and their own front yard area, which would be a common area. A townhome in 5 the past had separate garages and a walk up to the main floor, and many times up another flight 6 of stairs to the bedrooms. As our markets evolve and residents grow older,they are getting more 7 requests for one-level housing. 8 9 He explained what the townhomes will look like inside. The front door will be on the pedestrian 10 level. He showed where the entrance is from the garage, which is through a mud room. In the 11 kitchen, there will be a direct access to patio space. The master suite will have direct access to 12 the master bath. A smaller home is 1171 square feet. There is a master bedroom with its own 13 bath area. It would have an outdoor court. 14 15 Mr. Pratt further explained the "C"floor plan. The price range is project to be from 250,000 to 16 330,000 dependent on the desires of the buyer. They are designed to be a lateral move from what 17 people are in now, who want to move to maintenance-free living. 18 19 Mr. Pratt pointed out the buildings have been placed on the plan with sufficient room for access 20 for cars. This is a townhome product that has evolved. 21 22 Acting Chair Hanson asked if Don's carwash area will be Phase 3. Mr. Pratt stated the area they 23 visited was actually Ed's carwash. Don's carwash is owned by Pratt homes. They closed on 24 Don's carwash last year and recently closed on Firestone Tires and have owned the vacant lots 25 for about two years. All the plans for Phase I, II, and III are now developed. 26 27 Commissioner Jensen asked how Mr. Pratt rates the setbacks. Mr. Pratt indicated he believes 28 they all conform to next Planning Commission meeting. Mr. Pratt reminded the Commission that 29 these are urban homes designed to be closer to the street. 30 31 Acting Chair Hanson asked if the bedrooms close to 39h will be a problem with potential buyers 32 regarding the street noise and lights. Mr. Pratt said this is a choice, and the urban context in 33 being close and walking to shopping is a tradeoff. More people want to be close to the action. 34 35 Mr. Pratt offered a final thought that there is enough setback for a front yard and a boulevard. 36 37 Commissioner Galyon asked if the number of units is the same as originally planned. Mr. Pratt 38 answered it is. He noted they do meet all the PUD requirements. He added that the number of 39 units is the same, but they are all one-level and the square footage is different. 40 41 Informational; no action required at this time. 42 43 7.2 Building Fasteners—Variance Request for Parking Expansion 44 Ms. Moore-Sykes stated that Staff was contacted by Loren O'Brien, CEO for Building Fasteners, 45 about the process to apply for a parking variance. They are considering renovation plans for their r Planning Commission Meeting Minutes May 16, 2006 Page 5 1 building to add more office space. She explained that as part of this renovation, Mr. O'Brien 2 reported that in order to relieve their parking situation,they are planning to expand their parking 3 area on the west side of the building. To construct expanded parking area,they are proposing to 4 encroach approximately ten feet into the right-of-way adjacent to Anthony Lane South. 5 6 Ms. Moore-Sykes reported that Mr. O'Brien also suggested that they may need to add 7 approximately four to seven parking stalls in the front of the building for walk-in clients. This 8 proposal involves the area to the south of the building and also encroaches into the right-of-way 9 adjacent to the south loop of Anthony Lane South. 10 11 Acting Chair Hanson welcomed Mr. O'Brien. 12 13 Loren O'Brien, CEO for Building Fasteners, explained they are expanding their property on the 14 west and showed on the map where the expansion will go. He noted he would like to expand the 15 parking lot. This building was set up as a multi-tenant building originally. They now occupy the 16 entire building. This is one of the options to handle the growth of the company. A distribution 17 center is open in Ramsey, but there is very little office space. After this plan was done,he 18 noticed the driveway that goes to 39`h. There is a roof that goes over the door. He would like to 19 close an area off that is now used by the industrial area for a way to get to 39`h. He also noted he 20 would like to add a second story office at some point as they grow. 21 22 Vice Chair Hanson asked if they could build up and it sounds like they are planning on doing 23 that. Mr. O'Brien said they do have plans to do that in the future. They have a mezzanine level, 24 and will need more space. He explained they are wholesalers and do have some customers that 25 pick up at the city desk and they do have couriers. 26 27 Mr. O'Brien explained that at the changeovers of the shifts is when the parking issues come into 28 play. They operate 24 hours/day. Most of the office space is cubicles and they are packed in as 29 close as possible. He asked what the ordinance is on how much office space they can have and 30 whether there is a certain percentage. 31 32 Ms. Moore-Sykes offered to look this up and report back to him. Mr. O'Brien said he foresees 33 the business downsizing the warehouse portion and increasing office space. He noted they have 34 about 50 employees at this site. 35 36 Acting Chair Hanson said at the Planning Commission meeting next month they will ask for 37 more parking lot space. 38 39 Ms. Moore-Sykes noted that a page was distributed to the Commissioners and explained the 40 orientation of the building. There is 120 feet right of way from curb to curb. From the center of 41 the Boulevard to the center of the property line is 60 feet. It is 33 feet to the curb. That is the 42 area he would be expanding into on the west side. Along the south, it is 33 feet from the center 43 line to the property line and 15 feet from property line to the curb. 44 Planning Commission Meeting Minutes May 16, 2006 Page 6 1 Commissioner Jensen suggested Mr. O'Brien use a color marker at the next meeting to help 2 depict what the proposal is. 3 4 Ms. Moore-Sykes explained the process of the application to Mr. O'Brien. 5 6 Mr. O'Brien asked if the group would like a site visitation. Acting Chair Hanson responded that 7 the members can visit individually. He also suggested 3-dimensional views may be helpful at the 8 next hearing. 9 10 Commissioner Jensen clarified where the trucking part of the business is. Mr. O'Brien pointed 11 out on the map where the trucks park. 12 13 Commissioner Jensen asked if the exit next to the electrical transformer will be necessary. Mr. 14 O'Brien stated it will be moved but he does not want to go that far until he finds out where they 15 are at with the parking lot issue. 16 17 Informational; no action required at this time. 18 19 VIII. INFORMATION AND DISCUSSION. 20 8.1 Comprehensive Plan Task Force Update. 21 Assistant City Manager Moore-Sykes reported that the Comprehensive Plan Task Force had their 22 meeting with two-thirds of the invited in attendance. This was more of an introductory meeting 23 to discuss the process and expectations. Questions were asked as to whether or not to keep, 24 change, and what is new. At end of evening, Mr. Bill Weber handed out cameras and asked 25 people to take pictures and bring them back for discussion at the next meeting. 26 27 IX. ANNOUNCEMENTS. 28 Assistant City Manager Moore-Sykes stated a Walkable Communities Meeting was held 29 following the Comprehensive Plan Task Force meeting. Twenty two people attended. Ramsey 30 County sponsored the Walkable Communities initiative and hired two experts to talk about a 31 walkable community and the barriers and obstacles. They looked at the feasibility of installing 32 sidewalks along Highcrest Road. People from Roseville were invited to attend also. Couples 33 from Roseville and Maplewood were in attendance. They walked along 33`d Street, along 34 Highcrest and back on the trails through the park. A number of barriers to walking and biking 35 were identified in this area. Everyone was impressed with the trails and connectivity to the 36 sidewalks and trails. The Walkable Communities group was encouraged to continue with the 37 project to build the sidewalks along Highcrest and to consider sidewalks on both sides. 38 39 X. ADJOURNMENT. 40 Motion by Commissioner Galyon, second by Commissioner Jensen, to adjourn the meeting at 41 8:04 p.m. 42 43 Motion carried unanimously. 44 45 Respectfully submitted, Planning Commission Meeting Minutes May 16, 2006 Page 7 1 Christine Moksnes 2 Timesaver Off Site Secretarial, Inc. r STAFF REPORT To: Planning Commission Report No.: VI.1. From: Kim Moore-Sykes,Assistant City Manager Date: June 20,2006 Subject: Hunt/Pratt Phase II Residential Development at Silver Lake Village Requested Action: Public Hearings Date Application Received: May 26,2006 Property Address: 39th Avenue/Stinson Boulevard Zoning District: Mixed Use PUD 60-Day Expires: June 29,2006 Waiver Letter Required: N/A Yes Date Sent; No *Action on this application scheduled for N/A Council meeting. Background: Staff was contacted earlier this year by representatives from Apache Redevelopment,LLC regarding their proposal to begin the Phase IIa portion of their residential redevelopment plan. Mr. Daryl Gemar advised City Staff that Apache Redevelopment,LLC had purchase agreements for Ed's Carwash and Firestone Tires,properties that had been identified in Phase II of their residential redevelopment plan and that were also included in the area rezoned to Planned Unit Development,in accordance with the Planned Unit Development Agreement on file with the City dated September 23,2003. In order to allow the proposed project to move forward, Mr. Gemar was advised that there are four (4) land use and zoning issues that have to be addressed in separate public hearings. A Notice of Public Hearing was published in the City's legal newspaper for May 31,2006 and June 7, 2006. Each item will be heard separately in a public hearing and a recommendation to City Council will be made separately for each item. I. AMENDMENT TO PUD. Initially, Staff advised Mr. Gemar that Apache Redevelopment,LLC would need to rezone these three properties in order to include them in their existing Mixed Use PUD. Upon further research, Staff and the City attorney determined that those properties formerly known as Ed's Carwash, Firestone Tires and the vacant lot were included in the Mixed Use PUD approved by City Council on September 23, 2003. However, a public hearing before the Planning Commission is required for a PUD amendment to the rezoned Mixed Use PUD,as stated under 1655.10,Subd. 3,Preliminary Development Plan. This public hearing for preliminary development plan requires that the following be addressed as part of the City's Findings of Fact and the preliminary development plan: a. Overall maximum PUD density range for the proposed Redevelopment Phase IIa; b. General location of major streets and pedestrian ways; C. General location and extent of public and common and open space; d. General location of residential and nonresidential land uses with approximate type of intensities of development; e. Staging and time schedule of development; and 062006 PRatt Homes Phase H Concept Review.doc r , f. Other special criteria for development: i. Resolve any easement issues. ii. Work with the Fire Department regarding hydrant placement and any other public safety issues associated or potentially associated with this redevelopment project. iii. Work with Development Committee regarding landscaping, screening and construction issues. iv. Work with City Engineering and Public Works regarding storm water, sanitary and water issues. v. Removal of underground fuel tanks and clean up of any possible contamination. vi. The Phase II Environmental Review of the sites,which has been completed. The Final Development Plan,which will include the above-referenced items as well as any that result from this public hearing,will be presented to the City Council for approval. The applicant has also met with the Planning Commission in a Concept Review and with the Development Review Committee as required by the City Ordinance. Action: Motion to recommend to City Council to approve or deny the applicant's request amend the Mixed Use PUD to include the following properties: a. Ed's Carwash, 2415—39`h Avenue NE, St. Anthony, MN 55421 i. Lot 2,Block 1,Beutz Addition b. Firestone Tires, 3901 Stinson Boulevard NE, St. Anthony,MN 55421 i. Lot 3, Block 2,Apache Plaza ii. c. Vacant Lot, Stinson Boulevard NE, St.Anthony,MN 55421 i. Lot 2, Block 1,Wirth Addition II. SUBDIVISION OF PROPERTY. Apache Redevelopment,LLC is also applying for a subdivision of property to combine the three (3) lots formerly known as Ed's Carwash, Firestone Tires and the vacant lot to the north of the site of Ed's Carwash in order to continue the Phase IIa portion of their residential construction plan. In addition to combining the lots, Mr. Daryl Gemar of Apache Redevelopment,LLC was advised that Apache Redevelopment,LLC would need to complete a preliminary plat of the site and secure final plat approval. Preliminary plat review does require a public hearing with the Planning Commission. Action: Motion to recommend to City Council to approve or deny the applicant's request of Subdivision of Property to combine the following properties: d. Ed's Carwash, 2415—39`s Avenue NE, St. Anthony,MN 55421 i. Lot 2, Block 1,Beutz Addition e. Firestone Tires, 3901 Stinson Boulevard NE, St. Anthony,MN 55421 i. Lot 3,Block 2,Apache Plaza f. Vacant Lot, Stinson Boulevard NE, St.Anthony,MN 55421 i. Lot 2,Block 1,Wirth Addition If the City Council approves the above Subdivision of Property request, then the applicant,Apache Redevelopment,LLC,is required to file this action for recordation with the County of Ramsey prior to the issuance of any building permit or within 60 days,which ever is sooner. 062006 PRatt Homes Phase H Concept Review.doc III. PRELIMINARY PLAT. Because Apache Development,LLC is including subdivision of property as part of the Phase IIa development plan, they are also requited to submit a preliminary plat for review at a public hearing before the Planning Commission. Mr. Daryl Gemar reported that demolition of Ed's Carwash and Firestone buildings will begin approximately the week of June 30th,with construction beginning some time in August or September. He indicated that they will construct the first two buildings in the area adjacent to Equinox Apartments. Each building will contain five (5) single level, slab on grade units with attached garages. The next three buildings with the same floor plan offerings will be built in that area along Stinson Boulevard and 39th Avenue NE. Two of these buildings will also have five (5) units in each of them and the third building will have six (6) units. The total number of units planned for this phase of the residential development is 26 and they will have between 1,200 SF and 1,500 SF in living space. This project is designed to be more sensitive to the transition from the traditional single-family to a slightly smaller or"down-sized" home. The Fire Department has also reviewed the preliminary plat as part of the development review committee. They have indicated that the road widths are sufficient for emergency vehicles. Mr. Gemar also indicated that they plan to berm and landscape those areas adjacent to neighboring properties. If the preliminary plat is recommended for approval by the Planning Commission,then it will be presented to the City Council at their June 27h Council meeting as a final plat. If the final plat is approved by Council resolution,Apache Redevelopment,LLC must record it with the Ramsey County Recorder or Registrar of Title within 30 days after the date of approval. If recordation does not occur within 30 days, the approval of the final plat will be null and void. Attachments: • Applications for PUD Amendment, Subdivision of Property,Preliminary Plat, Final Plat • Notice of Public Hearing for Rezone/PUD Amendment, Subdivision of Property, Preliminary Plat,Final Plat • Sketch Plan • Preliminary Development Plan • Preliminary Plat • Letter from Staff dated January 26,2006 to Pratt Homes • Ordinance 2003-016, November 25, 2003 062006 PRatt Homes Phase U Concept Review.doc CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that the Planning Commission will hold a public hearing on Tuesday,June 20, 2006, at 7:00 p.m., or as soon thereafter as possible, in the Council Chambers of the City Hall, 3301 Silver Lake Road, for the following purpose: Petitioner: Apache Redevelopment, LLC Subject Property: 3901 Stinson Boulevard and 2415 — 39'Avenue Request: 1) Rezone from Commercial to PUD 2) Subdivision/Lot Combination and/Lot Split of Land 3) Preliminary Plat 4) Final Plat Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Assistant City Manager at 612-782-3312. Auxiliary aids are available upon request with at least 96 hours advanced notice. Please call the City Clerk at 612- 782-3313 to make arrangements. Kim Moore-Sykes Assistant City Manager Publish: St. Anthony Bulletin May 31, 2006 • r 3301 Silver Lake Road •St.Anthony,MN 55418 • (p)612.782.3301 • (f)612.782.3302 www.ci.saint-anthony.mn.us Ap�eZONING APPLICATION CHECKLIST APPLICANT'SNAME: 1��b12� �e Q/Y12�n� 14 L-Lc— (Last) (First) OWNER(If other than applicant): r�'le, MAILING ADDRESS(Street,City,State,Zip): 3 5'o (-,-)I L 6k vD , S,\+- 100 \4&)ralS rY-)r) 55110 DAYTIME PHONE NUMBER: (C ( - LI aC1 PROPERTY ADDRESS: SCI n4-)d-n ( E APPLICABLE CURRENT ZONING DISTRICT(S) TYPE OF ZONING REQUEST (Fee Paid) ❑ R-1 ❑ R-1A ❑ R-2 ❑ concept review ❑ R-3 ❑ R4 ❑ R4 ❑ conditional use permit ($130) ❑ C ❑ I ❑ R/O ❑ variance (R-$60;Other$100) ❑ PUD rezoning ($225) ❑ Other >�4 subdivision ($50) preliminary plat/final plat ($150) Fee paid: Date: ❑ other Date Application received: 60-Day Expires: Waiver Letter Required: Yes Date Sent; No Referred to City Engineer/Building Inspector: Referred to City Attorney: Referred to the Watershed Dist.: Date of Concept Review: Date Public Hearing Notice Sent: Date of Public Hearing: PLANNING COMMISSION ACTION COUNCIL ACTION ❑ Approved ❑ Approved ❑ Denied Resolution Number: Date: ❑ Denied Date: F:\Planning\Forms\Zoning Application Checklist 2006.doc "Te-:I �I a,,t - yS,� r,r`�� a''�'�.w�g.x `r fM �� •�t � �'.erw �, a.: 7' ._ �,z t ,a;:.:. +'f'�'�" i-F'1^"s } nl' J �� _o „: "'�•yl ,,� y? 1 ` '}a �• ti �' rte,, ���1 " �-•�t��. 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X� o UNIT A UNIT C UNIT C UNIT C UNIT B 1171 SF 1472 SF 1472 SF 1472 SF UNIT B 1269 SF 1269 SF O Friday,May 12,2006 PAGE 1 ,Copyright 2006 Pratt Homes Design All Rights Reserved REV/DATE s� ani aF ° Mill Faso 10 D IL-L-41 091 Poo O O C 9 m V V Oo 0 dO❑o❑ m o❑OB 8 0 �N• nS^r 8 „mow O 4 �r �r k 0 UNIT B UNIT A UNIT C UNIT C UNIT B Friday,May 12,2000 PAGE 4 .Copyright 2006 Pratt Homes Design All Rights Reserved REV/DATE r y i , i -77 1 / �� --- �' � i �, �� � '� � � � �, ,� � / �� �, � �, � � �� , �' i i � % .- ,, j / i/, /; i i \ \ h = ,,\ ® '' .,\\\ \ \ '�.,\ . \ .\ � \� '� ��, � �'�� � ,,\ .�\ �`� .,\ ,,\ .�\ ��� � \� '� STIlVill BOULiEVA)RD --77 S 298.78 —Z 500*23'18"E 1.9.33— 1104 7200 3ZOO 3200 2400 IN r" o c N) N) 0 Ot to 00 00 2 DO -1900-- r-, *23'18"W 1 93,11 A M U, 's *23''1 ills,33 ./ lez 1 7 t 911' 00 2 30 L OCK 2 le g"I -7-� -F - l 8T --,.if 3200 3200 �1 —2400 - 4,3 il 7200 1400'23!8. — —�g` Fv7!v7!*=== DRANADI Ullbi EASENE-1 0 ———— — - ———— 6,LOT t 11 72.00 a—1.11 z , == I ,-,r' 03 -1z; 5z ,dN) fm 1. "a-k'�r,�°k% I Vs T < -----419-3,79 "q N3'18"E J. -1 40 0 S00*2 20'E 1212-0i'l SO t ?4 08 8 9'1 9 -<o a !F BLVD F R z z z sr z z CF 0 DATE REVISIONS i nervy lotlify that this al plan W 9) SILVER LAKE COTTAGES '.P� .. by .ar.� y O diV—t mpaAal al,al that I=,all > ST. ANTHONY, MINNESOTA PRATT ORDWAY J,waM Lad%,::yw-dw th,al 0 = I — — air W.-t-ir uk—t. METRO In a P 3500 WILLOW LAKE BOULEVARD 6 0- VADNAIS HEIGHTS, MN 55110 IN ABC Mill 0) BOUNDARY/TOPOGRAPHIC SURVEY DATE—JC NO CITY OF ST.ANTHONY VILLAGE ORDINANCE 2003-016 AN ORDINANCE AMENDING CHAPTER 16 OF THE CITY CODE, BEING THE ZONING AND LAND USE CHAPTER OF THE CITY OF ST.ANTHONY VILLAGE The City Council of the City of St.Anthony Village ordains as follows: Sgction 1. Chapter 16 of the City of St.Anthony Village Code is hereby amended to rezone to Planned Unit Development, in accordance with the Planned Unit Development Agreement on file in the City Clerk's office dated 5 +ems h he r -J3 , 2003,the following described property located within the City of St.Anthony Village,Minnesota. Lots 4, 5, 6,7, and 8,Block 1 and Lots 2 and 3,Block 2 and that part of Apache Lane, lying southerly of the southerly Right-of-Way of 39'h Avenue NE and that part of 38'b Avenue NE lying easterly of the easterly right-of-way of Stinson Boulevard,all in the plat of APACHE PLAZA, according to the recorded plat thereof,Ramsey County,Minnesota; Lots 5 and 7,Block 1, Outlots A and C, and that part of 39'Avenue NE,lying easterly of the southerly extension of the west line of said Lot 7,all in the plat of SILVER LAKE CENTER,according to the recorded plat thereof,Ramsey County Minnesota; Lot 2,Block 1,BEUTZ ADDITION, according to the recorded plat thereof,Ramsey County Minnesota; Lots 1 and 2,Block 1,HUEBSCH ADDITION, according to the recorded plat thereof,Ramsey County Minnesota; and Lots 1 and 2,Block 1,PILLSBURY ADDITION,according to the recorded plat thereof,Ramsey County Minnesota. Section 2. The Zoning Map of the City of St.Anthony Village referred to ad described in said Chapter 16, shall not be republished to show the aforesaid rezoning,but the City Manager or his designee shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning provided for in this Ordinance ad all of the notations,references and other information shown thereon are hereby incorporated by reference and made a part of this Ordinance. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Fir ading: November 25, 2003 econd eading: W ve Adopte N ven25, Mayor ATTEST: City Clerk Publish: St.Anthony Bulletin City Council Regular Meeting Minutes November 25, 2003 Page 5 1 the fields would experience a variety of uses to avoid damage. She added there were currently 2 five fields with the potential for a sixth field. 3 4 Mayor Hodson and Councilmember Sparks thanked Chair Jindra and the Parks Commission for 5 the work they had done. 6 7 B. Planning Commission meeting—November 18, 2003. 8 Planning Commissioner Kim Tillmann indicated the last Planning Commission meeting 9 consisted of only two items. She explained the first item was a request to change the City Code 10 to include adult daycare as a use in the industrial zoning areas. She noted the City amended its 11 Code not long ago to allow adult daycares as a conditional use in commercial areas; however, an 12 owner of a building in an industrial area had a tenant who was interested in beginning an adult 13 daycare and had put in the current request. She stated the adult daycare plans fell through and 14 the request was withdrawn; therefore, the Planning Commission decided not to pursue the matter 15 any further, as the City had just changed the Code for commercial areas. She added the 16 Commission felt it was better to first get some experience with the new daycares; therefore, the 17 Commission voted to recommend denial. 18 19 City Manager Mornson indicated no action was required on Council's part, as the request had 20 been withdrawn. 21 1. ` Resolution 03-100 re: Rezone request from Apache Plaza, LLP, for Apache Plaza R6deVelopment area from Commercial to Planned Unit Development. 24 Planning Commissioner Tillmann noted on September 16, 2003, the Planning Commission held 25 a public hearing to review an application for the Village at St. Anthony PUD and to consider 26 approval of the Preliminary Development Plan and Plat for the entire site and the Final 27 Development Plan and Plat for the retail portion of the property. She added the Planning 28 Commission voted to recommend Council approve the application at the conclusion of the public 29 hearing. 30 31 Commissioner Tillmann explained that Council adopted Resolution 03-81 approving the 32 Preliminary Development Plan and Preliminary Plat for the entire project area, the Final 33 Development Plan and Final Plat for the retail portion and adopted findings of fact and 34 conditions of approval on September 23, 2003. 35 36 Commissioner Tillmann stated the Planning Commission conducted another public hearing to 37 formally consider the rezoning of the property from Commercial to PUD on November 18, 2003, 38 which was simply a housekeeping matter to address the fact. She indicated neither the public 39 notice for the September 16 public hearing nor Resolution 03-81 definitively stated a rezoning 40 would occur through the action taken on the preliminary and final development plans and plats, 41 although approval of the PUD plan inherently included a rezoning of the subject property from 42 Commercial to PUD. 43 Commissioner Tillmann stated the Planning Commission, at a public hearing held November 18, 2003,recommended Council approval of the request from Apache Redevelopment, LLC, to 46 rezone said property from Commercial to Planned Unit Development. City Council Regular Meeting Minutes November 25, 2003 Page 6 1 2 Commissioner Tillmann added information had been received from the railroad cautioning that 3 there were sometimes issues with having a train track so close to a residential area. She 4 indicated,when this issue was discussed with the developer,he noted he had quite a few 5 developments by railroad tracks, which was becoming more commonplace. She noted, in 6 addition, there was a hill between the buildings and track, along with quite a bit of distance; 7 therefore, the Planning Commission did not feel additional action was needed. 8 9 Motion by Councilmember Faust, seconded by Councilmember Sparks, to adopt Resolution 03- 10 100 relating to the Apache Plaza Redevelopment area, requesting to rezone the property from 11 Commercial to Planned Unit Development. 12 13 Motion carried unanimously. 14 15 2. Ordinance 2003-016, re: Amend Land Use, Chapter 16 of the City Code Wt 16 reading, waive 2nd and 3rd readings and ado-pt). 17 It was requested Chapter 16 of the City of St. Anthony Village Code be amended to rezone to 18 Planned Unit Development, in accordance with the Planned Unit Development Agreement on 19 file in the City Clerk's office, the described property located within the City of St. Anthony 20 Village. 21 Motion by Councilmember Faust, seconded by Councilmember Sparks, to adopt Ordinance �s 2003-016 amending Chapter 16 of the City Code, the zoning and land use chapter of the City of 24 St. Anthony Village, with the ordinance becoming effective immediately upon its passage and 25 publication according to law. 26 27 Motion carried unanimously. 28 29 VII. GENERAL POLICY BUSINESS OF THE COUNCIL. 30 A. Resolution 03-099,re: Approve installation of a telecommunications facility at the site of 31 the City's water tank. 32 City Manager Mornson noted Sprint Spectrum L.P. desired to install a telecommunications 33 facility at the City's water tank, which would provide a source of rental income and improve 34 wireless communications and emergency communication services for the City. He explained the 35 initial lease term was for five years with a proposed rent of$1,350 per month and added the cost 36 of all utilities,phone lines,necessary improvements and planning and zoning expenses would be 37 paid by Spring Spectrum L.P. 38 39 Mr. Mornson noted it was recommended Council adopt Resolution 03-099 approving installation 40 of a telecommunications facility at the site of the City's water tank under the conditions and 41 proposed lease terms as stated in the October 30, 2003, letter submitted by LCC 42 International./Sprint PCS. 43 City Manager Mornson indicated Council had previously discussed this item and requested a neighborhood meeting be held. He noted the meeting was held approximately one month 46 previously and no one attended. s r� v DOC# 3751786 PLANNED UNIT DEVELOPMENT AND SUBDIVISION AGREEMENT THIS AGREEMENT, (the 'PUD Agreement") is dated as of April 3Q ,. 2004, by and between them City of St. Anthony ("the CITY") anSt _Anthony Retail Development,LLC; a Minnesota limited liability company("the DEVELOPER"). RECITALS: A. Apache Redevelopment,LLC, a Minnesota limited liability company ("Master Developer"), the Housing and Redevelopment Authority of the City of St. Anthony, Minnesota, a Minnesota body corporate and politic (the "Authority") and the City of St. Anthony, Minnesota, a Minnesota statutory city (the "City")entered into that certain Redevelopment Agreement dated December 19, 2003 (the "Master Agreement") providing for the development of a unified,mixed use development, including new housing and commercial/retail development(the "Project") on certain real property located in the City of St. Anthony, Ramsey County, Minnesota and more particularly described in the Master Agreement. B. Pursuant to the Master Agreement, it was contemplated that Master Developer would subdivide the Project and sell or otherwise transfer portions of the Project to other parties to undertake the various elements of said Project, including, specifically, a portion for the "Commercial Element" (as defined in the Master Agreement)to the Developer herein for development of the Commercial Element of the Project. C. Pursuant to a certain Assignment and ssumption Agreement dated effective as of December 19, 2003 (the "Assignment"), Developer had assigned to it certain rights as to the development of the Commercial Element under the Master Agreement, and assumed certain obligations of the Master Developer as to the Commercial Element under the Master Agreement. D. Developer possesses all right,title and interest in and to the Commercial Element, and power and authority to undertake the Commercial Element,pursuant to the Master Agreement, and now desires to enter into this PUD Agreement with the City to set forth the specific terms and conditions under which the Commercial Element may be developed. NOW, THEREFORE,the parties hereby agree as follows: 1. Request for Planned Unit Development Approval The DEVELOPER has asked the CITY to approve the Final Development Plan of the Village at St. Anthony Planned Unit Development (the 'PUD") and the Plat containing approximately 142,000 square feet of discount retail space and approximately 89,800 square feet of retail space, and the Final Plat of Silver Lake Village (the 'Plat") COMME7,'CUA .PRM�TNFRA TITLE.LV 3� 1 Subdivision for the discount retail and retail space. The property contained within the PUD is currently legally described as follows: Lots 1 and 2, Block 1, Silver Lake Village, Lots 1, 2 and 3, Block 2 Silver Lake Village �OUTLOTS A and B, Silver Lake Village, OUTLOTS A and B, Silver Lake Center, Lot 1 Block 1, Silver Lake Center and Lot 5,Block 1 Sliver Lake Center_("Property"). 2. Planned Unit Development Approval. The CITY has granted approval of the Final Development Plan of the PUD subject to the approval of the final Plat and the DEVELOPER's compliance with the terms and conditions of this PUD Agreement. The City agrees to approve applications for building permits provided that all of the conditions of this PUD Agreement have been satisfied. Pursuant to the authority set forth in Minnesota Statutes § 462.358, subd 3c relating to planned unit developments, the City and Developer agree that until December 31, 2009, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting required or permitted by the approved application, including but not limited to the development set forth in the documents referenced in paragraph.3 below. 3. Approval by the City The CITY hereby approves the planned unit development of the Commercial Element of the Project as shown on the site plan attached as Exhibit A ("Site Plan"), and agrees that the Site Plan is consistent with the plans approved by the City as items A and B below. DEVELOPER shall develop the Property in accordance with the general plans shown on the exhibits referred to below. If, however, the exhibits vary from the written terms of this Agreement, the exhibits shall control. The exhibits that apply to the entire Project include: A. PUD General Concept Plan and Preliminary Plat Submission for the entire PUD, dated August 8, 2003 B. Design Framework Manual, dated August 19, 2003 The following exhibits apply to what is generally referred to as the Commercial Element (as defined in the Master Agreement) and the Property subject to this PUD Agreement and the City hereby approves the final development plans and elevations referred to in items C and D below: C. Final Design Development Plan dated April 26, 2004, prepared by URS sheets l through 22, as filed with the City of St. Anthony. D. Final elevations for all buildings within the PUD shall be filed with the City. 4. Phased Development The CITY has granted Final Development Plan Approval for the PUD on September 23, 2003, which includes the development of the following land uses: A. Approximately 142,000 square feet discount retail B. Approximately 89,800 square feet retail The PUD (Phase I of the Project) consists of the following land area: Lots 1 and 2, Block 1 and Lots 1, 2 and 3, Block 2, Silver Lake Village, Outlots A and B, Silver Lake Village, OUTLOTS A and B, Silver Lake Center,Lot 1, Block 1, Silver Lake Center, and Lot 5,Block 1 Silver Lake Center. The DEVELOPER intends to develop or redevelop the Property in one or two construction seasons. Consequently,the entire site will be graded within that time period. 5. Compliance with Laws and Regulations. The DEVELOPER represents to the CITY that to the Developer's knowledge, the Commercial Element complies with all City, County, Metropolitan, State, and Federal laws and regulations, including but not limited to: Subdivision Ordinances, Zoning Ordinances and Environmental Regulations. The DEVELOPER agrees to comply and to cause any tenants of the Property to comply with such laws and regulations. The City agrees that the "no-build easements" created in the "Amended REA" (as defined in Section 7CC) are sufficient for the buildings and structures on the tracts benefiting from such "no-build easements" to meet all requirements for an "Unlimited Area Code" building classification. 6. Rezoning. The CITY conducted hearings (including the official rezoning public hearing before the City's Planning Commission on September 16, 2003) to consider the rezoning of the Subject Property from Commercial to PUD Planned Unit Development. The Planning Commission recommended rezoning on September 16, 2003 and the CITY, on November 25, 2003, rezoned the Property to PUD, subject to the DEVELOPER's compliance with the approved plans, and the terms and conditions of this agreement. (Minor variations from the approved plans may be approved by the City, under the direction of the City Manager). Substantial departures from the approved plans will require an amendment to the PUD, in accordance with Section 1655.07 of the City of St. Anthony Zoning Ordinance. Failure by the DEVELOPER to commence development activity, in accordance with the final development plan within one year following the date of this PUD Agreement, will M. The Developer shall work with the City staff to assure overall coordination of building materials and colors within this PUD. All exterior elevations of all new buildings and any subsequent additions to those buildings shall be constructed with a preponderance of face brick, stone glass, EIFS, stucco and/or similar materials of like quality. Decorative masonry units, artificial stone and similar materials may be used as accent materials (not to exceed 10% of total surface area unless otherwise approved). N. No outdoor display or storage shall be allowed outside of any approved fenced outdoor sales area, except such seasonal sales areas in parking lot areas as may be shown on the approved plans. Any use of such seasonal sales areas shall be subject to the user first obtaining all applicable annual governmental approvals and/or permits. All fencing shall be of a wrought iron type design and shall be periodically maintained, as necessary, to ensure that it remains attractive. . O. No exterior displays shall be stacked over the height of the wrought iron type fencing of the outdoor display area. P. No exterior display or sale of motorized vehicles shall be allowed within this PUD. Q. No on-site promotion of overnight parking of campers, recreational vehicles, or similar vehicles by Developer or its tenants shall be allowed within this PUD, and Developer and/or its tenants shall, if requested by the City, post appropriate signage in the parking areas to indicate that such parking is prohibited. R. No overnight or long-term tractor-trailer parking shall be allowed except in truck dock areas. S. Planter boxes shall be periodically placed along the front fagade of the buildings. Locations and landscaping plans shall be reviewed and approved by the Planning Department. T. No products for sale shall be attached to any exterior walls. U. No carts shall be stored overnight, except within approved and screened storage areas, which shall include a masonry screen wall constructed to match building materials V. No new or used tires or other auto parts shall be displayed or stored outside of any building except within approved and screened storage areas. No inoperable vehicles shall be stored outside of any building. necessitate the approval of an extension of the development schedule by the City Council. 7. Additional Conditions of Approval. To insure that the proposed development meets the City's standards for the approval of a planned unit development, as set forth in Section 1655 of the City of St. Anthony Zoning Ordinance,the Development shall also comply with the following conditions: A. The Developer has secured an NPDES Permit, prior to recording the Final Plat. B. The Developer has secured a Rice Creek Watershed District Permit, prior to recordation of the Final Plat. C. Permitted uses shall be limited to those specifically allowed as either a permitted use or as a Conditional Use Permit in the General Commercial District as defined in the Ci Code unless an amendment to the PUD i ( City ) s approved by the City. D. Staff shall work with the Developer on a comprehensive sign package for this area. All other signage shall meet the Sign Ordinance. E. Signage located within any drainage and utility easements shall be allowed but if access to said utilities results in damage or removal of said signs, they will not be replaced or repaired by the City of St. Anthony. F. All rooftop and ground mounted mechanical equipment shall be screened with approved materials. G. Bicycle racks, benches, and cigarette urns shall be provided throughout the PUD area. H. Public trash receptacles, without advertising, shall be provided where practical. I. All outdoor eating and drinking areas for establishments operating under a liquor license shall be enclosed by wrought iron or other City approved decorative fencing. J. Trash enclosures shall be constructed out of the same building materials as the principal buildings. K. Odor suppression equipment shall be installed for all restaurants with the initial building construction. L. [INTENTIONALLY DELETED] W. No outdoor overnight parking of vehicles waiting for servicing shall be allowed. No auto body or major engine repair shall be allowed within this PUD. X. No exterior temporary storage containers or semi-trailers shall be allowed within the PUD, except within approved and screened loading dock areas or in other areas approved by the City. Y. The Developer shall enter into appropriate agreements to assure that the Developer, its successors, assigns and/or tenants, are bound to continue overall maintenance compatibility and continuing of maintenance of such items as lighting, signage, landscaping, ponds, irrigation trash pickup and parking lot sweeping. These requirements may be incorporated into Developer's lease agreements with its tenants. Z. All pedestrian curb ramps shall be designed and constructed to meet the ADA pedestrian curb ramp standards. AA. The Developer, its successors and assigns commit to keeping the property well maintained and attractive in appearance. Damage, vandalism, or other problems that detract from the image of the site shall be promptly remedied. In the event that the Developer or any future property owners fail to comply with the above, the CITY shall notify them in writing. The problem shall be corrected within 60 days of receipt of the written notice (subject to weather delays), unless another time period is agreed to by the parties. If the applicable property owner is notified three times of a problem within a period of six (6)months and fails to take action as to that problem, the city is hereby granted access to complete the repair, or remedy the problem and assess the property owner for the full cost of this work, plus any additional administrative or legal expenses incurred by the city in conjunction with this enforcement action.. BB. The CITY understands that as part of this PUD, the Developer or related entity will purchase what is commonly known as the Cub Foods property located immediately to the north of the PUD. The CITY understands and agrees that the Developer's purchase of the Cub Foods Property is "under threat of condemnation" and the CITY will take all necessary actions to evidence this fact. The CITY and the Developer further agree that: (i)the obligations under this subparagraph 7.1313 may not be waived, limited or modified without the written consent of SBT, LLC (the owner of the Cub Foods property) or its successors or assigns ("SBT"); and (ii) SBT is an intended beneficiary of this subparagraph 7.1313. CC. The CITY agrees that it will not make any improvements or modifications to 39h Avenue N.E. which would reduce the amount of on-street parking available to Developer and/or its tenants and their customers. It is understood that the on-street parking as currently proposed is necessary to meet the required parking ratios under the Amended and Restated Reciprocal Easement Agreement between and among Developer and certain adjoining landowners and certain of their lessees, dated April 30 , 2004 (the "Amended REA"). DD. Developer shall have the right to place entrance monument signs on both the northwest and southwest quadrants of 39th Avenue N. E. at Silver Lake Road in the locations shown on the Final Design Development Plan referenced in Section 3C, and in accordance with the sign elevations attached hereto as Exhibit B , provided Developer obtains the necessary easements for such monument signs from the applicable property owners in the Amended REA or otherwise. Developer shall also have the right to place directional monument signs in the public right of way of 39th Avenue N.E. in the locations shown on the approved Site Plan and in accordance with the sign elevations attached as Exhibit B and to place landscaping and irrigation and lighting systems in said public right of way in accordance with the Final Design Development Plan referenced in Section 3C. 8. DEVELOPER's Default In the event of default by the DEVELOPER, as to any of the maintenance work to be performed by it under Section 7AA hereunder, the CITY may, at its option, perform the work and the DEVELOPER shall promptly reimburse the CITY for any expense, which it incurs. The CITY agrees to give the DEVELOPER written notice of its default not less than thirty (30) days prior to the commencement of the CITY's work. The CITY and the DEVELOPER recognize that weather conditions may affect the ability of the DEVELOPER to perform the work required to be performed hereunder and agree that such thirty (30) days shall not include those days on which weather conditions preclude performance by the DEVELOPER. This PUD Agreement is a license for the CITY to act. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the CITY, the above notice requirements shall not be required for the CITY to control erosion problems. 9. Miscellaneous. A. This PUD Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of any material term of this PUD Agreement by the DEVELOPER shall be grounds for denial of building permits. C. At the Developer's request, the CITY will execute from time to time, the appropriate estoppel letter indicating, if true, that there are no violations of this PUD Agreement as to the property described in the letter and there is no reason under this PUD Agreement to withhold a building permit for the property and if requested, the CITY shall set forth what limitations still exist, if any, under this PUD Agreement as to the future use of the property. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this PUD Agreement is for any reason held invalid as a result of a challenge brought by the DEVELOPER, its agents or assigns, the CITY may, at its option, declare the entire PUD Agreement null and void, and approval of the preliminary plat and final development plan shall thereby be revoked, except as to any lot within the PUD for which a building permit has been issued. E. This PUD Agreement shall run with the Subject Property and may be recorded in the Ramsey County Recorder's Office. F. This Agreement shall liberally be construed to protect the public interest. G. The CITY shall give the DEVELOPER 30 days'notice,prior to exercising its right to deny permits under Section 9B., or to exercise its right set forth in Section 9D. H. Notwithstanding anything to the contrary contained elsewhere herein, in the event of any default by the Developer or any successor in interest or tenant of Developer, the City agrees to enforce any applicable rights hereunder only against the Lots or tracts to which such default applies. 10. Notices. Required notices to the DEVELOPER shall be in writing and shall either be hand delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by certified or registered mail at the following address: St. Anthony Retail Development LLC: c/o The Robert Muir Company 7650 Edinborough Way, Suite 375 Edina,MN 55435-4915 ATTN: Kelly J. Doran With a copy to: Paul W. Anderson,Esq. MESSERLI &KRAMER,P.A. 1800 Fifth Street Towers 150 South Fifth Street Minneapolis,MN 55402 With a copy to: Wal-Mart Real Estate Business Trust 702 S.W. Eighth Street Bentonville,Arkansas 72716 Attn: Real Estate-Legal, Store No. 95109 Notices to the CITY shall be in writing and shall either by hand delivered to the City Manager, or mailed by certified or registered mail, in care of the City Manager at the following address: City of St. Anthony 3301 Silver Lake Road St. Anthony,Minnesota 55418 Either party may change its address for the purpose of notice hereunder by providing notice of the change to the other party as set forth above. This instrument was drafted by: Paul W. Anderson, Esq. Messerli & Kramer,P.A. 1800 Fifth Street Towers 150 South 5th Street Minneapolis, MN. 55402 IN WITNESS WHEREOF: the parties have hereunto set their hands the day and year ve written. Mayor City of or City Manager City of State of Minnesota ) )ss County of Ramsey ) The foregoing mstrumewacknowledged before me on this 9 3 day of I'l ( 2004, by �Af7hlMayor, and W(ye /VI D i 1 City `- Manager, on behalf of the City of St. Anthony. -seal- Notary Public BARBARA SUCIU Expiration Date of Commission: NOTAPLq=-MINNESOTA a RY MY COMMISSION EXPIRES JAN.31,2W5 10 ST.ANTHONY RETAIL DEVELOPMENT,LLC, a Minnesota limited liability company e J. Doran Chief Manager STATE OF MINNESOTA) ) Ss. COUNTY OF HENNEPN The foregoing instrument was acknowledged before me on this 30t' day of April,'; by Kelly J. Doran, Chief Mandger of St. Anthony Retail Development, LLC, a Minnesota limited liability company, on behalf of the limited liability company. No P lic Exp n Date of Commission: f 3/ zoos MARY A.ANDERSON NOTARYPUBLIC— MINNESOTA My Comm,Expims jar.31,2005 la v EXHIBIT "A" SITE PLAN DEVELOPERDRAINAGE U.S BANK CUB � NORTH OF 39TH AVENUE TRACT POND TRACT 755 PARKING SPACES 5.9/1000 SF PARKING RATIO CUB TRACT Q r ` p UIIIIIII� IIIIIIIIIIIIIIIIIIIII IIj� rCEN-TER APACHE PARK 9p,_ L TRACT CUR T'DaDI f�IIIIIIIIIIIIIIIIIII II II ILII IIIIIFIfTni SILVER LAKE 6e.7 m i U I I I I I I I I I I I I I�i i i uu i�A wiwa��i i U TLVA 0 + IITf SILVER LAKE I CENTER SALE$AREA NEW LINKS SD-VE)t �nwc I TRACT ,I LAS ENTRANCE MONUMENT MONUMENT SIGN 1RACi J.MOCK 1 I SIGN a Q DRAINAGER POND LOT L BLOC 2 S ER LACE VILLAGE NEW MUNICIPAL LICUOR STORE TRACT2 STORY I uSTORE 1 RETAIL SHOPS amcc u m `1 a 16 KSI J Q 40:1 WEST BURRING OUTLOT A za Kv OT L yV •'' > AREA SILV LAKE V LADE APACHE PARK _ \\• + �"' i ERICKSON TRACT 1 �� F. \\ 1``; SEASONAL SALES AREA / \r 5` RETAIL SHOPS/ REST. , 1 ERICKSON RETAIL SIBS a V 1 a C�� o TRACT L � WALMART a � i { — I PYLON n wl WAL-MARTRu CURRENT OUTLOT B DIRECRONAL 4/100 (���[��n� HRA TRACT MONUMENT SIGN ////.0 (FUTURE aSILVER LAKE VR.LAGE LRT 5. BLOCK I WAL-MART TRACT) DRAINAGE POND V C ER APACHE PARK VAL-NMT TRACT LQ Kr 681 PARKING SPACES 4.6/1000 SF PARKING RATIO —— _ LOTL BLOCK I • �� SILVER INtE VILLAGE I PMI� CEN ER RELOCATED LOT 3, 4 FAST FOOD BLOCK1 1� ENTRANCE SILVER IC E _ LA Vn_LAG FAST FOOD TRACT WAL-MART FUTURE ACCESS SEASONAL POINTS _ —— MARIE RAILROAD SALES AREA —— MINNEAPOLIS &SAULT$T. wAL-MART TRACE North EXHIBIT A SITE PLAN 4/29/04 EXHIBIT "B" ENTRANCE MONUMENT SIGN ELEVATIONS 568214.18 NII A O /`0' J u2 �LL uz Qo it LSI gz J� �� Z LL)zM F— Ld SOLID ALUMINUM LETTERS CAST STONE CAP x Z = W/GROUND LIGHTING w 0 E.F.I.S. nNISH CAST STONE CAP SIMULATED STONE BASE J SILVER LAKE VILLAGE TENANT •` TENANT TENANT - TENANT• O o - - - _ _ - - - _ — -- - - -- - - - q 0 h — — — — — — — — — a w a N 0- BURNISHED BURNISHED CMU &FERECLMLTELEVATION 1/4• - I -O' A1.O XX Architectural Consortium, L.L.C. 2004 x IOC# 3751786 Certified Recorded Dn MAY 04,2004 AT 11 :00AM OFFICE CO-RECORDER PM COLNTY MPI Fee Aeount: $32.00 111111 HIS f STAFF REPORT To: Planning Commission Report No.: VII.1. From: Kion Moore-Sykes, Assistant City Manager Date: June 20, 2006 Subject: Building Fasteners Requested Action: Concept Review Date Application Received: Not yet received. Property Address: 2827 Anthony Lane South Zoning District: Industrial 60-Day Expires: N/A Waiver Letter Required: N/A Yes Date Sent; No *Action on this application scheduled for N/A Council meeting. Background: Staff was contacted by Mr. Loren O'Brien, CEO for Building Fasteners, about the process for applying for a parking variance. He reported that Building Fasteners is proposing renovation plans for their building to add more office space. The renovation plan also calls for the expansion of their parking to relieve an already tight parking situation. To achieve more parking, they are proposing to encroach approximately 10 feet west into the right-of-way adjacent to Anthony Lane South. Mr. O'Brien suggested that they may also need to add approximately 4 to 7 parking stalls in the front of the building for walk-in clients. This proposal involves the area to the south of the building and also encroaches into the right-of-way adjacent to the south loop of Anthony Lane South. One suggestion was for the City to construct on-street angle parking along the main portion of Anthony Lane coming into the area. Staff researched the idea and determined that because this portion of St. Anthony Lane South is very busy, especially during morning and afternoon rush hours that this on-street parking idea would create more problems with the flow of vehicular traffic. Action: None required at this time. The property owner requested that he be able to come before the Planning Commission to continue the discussion of this parking expansion proposal. Mr. O'Brien continues to be very interested in maintaining his business in St. Anthony. Attachments • Sketch Plans • Project Explanation Letter from Loren O'Brien 06202006 Bldg Fasteners Parking Variance Concept Review.doc BUILDING 2827 ANTHONY LANE SOUTH, MINNEAPOLIS, MN 55418 FASTENERS TELEPHONE (612) 788-7468 FAX (612) 788-1914 PROPOSED PARKING AND BUILDING ADDITION FOR BUILDING FASTENERS 2827 ANTHONY LANE Brief History: Building Fasteners has been a St Anthony business since it's inception in 1988. Starting with 3/employees and leasing 500/sq ft at the St. Anthony location the company has grown to over 100/employees with 5 locations. Included in those locations is the company owned building in St Anthony and a company owned 70,000/sq ft Distribution Center in Ramsey. We also have branch locations in Duluth, Fargo and Mankato. Our core business is hardware distribution but we also have a Machining/ Manufacturing and a Packaging division within our Ramsey facility. Currently our growth has put us in a situation where we are in need of additional office space and parking spots. We operate 24/hrs a day Monday thru Friday and have parking issues during shift changeover and when we bring personnel in from our other locations for meetings. Attached you will find a sketch plan that will help us continue our growth. Not included in the sketch plan is a complete exterior update with an application of a colored liquid vinyl. I have always taken great pride in the appearance of our property and would like to invest in our future here in St. Anthony. Thank you for this consideration. Loren O'Brien CEO/ Building Fasteners EBUILDING FASTENERS SKETCH PLAN City of St. Anthony, Minnesota -NORTH UNE OF SEC.7, T.29, R.23 1)THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATION OF DOsTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN $g 8 8, DETERMINATION AS TO THE TYPE AND LOCATION OF UTIUTIES AS MAY BE $ME N'cCF-SSARY TO AVOID DAMAGE TO THFS_UTILITIESF I 2)CONTACT GOPHER STATE ONE-CALL A7 851-454-0002 FOR EDOSTING UTILITYLOCATIONS ` + TF`'Sieb'e .svi �t'uis+. 3)THE CONTRACTOR SHALL FIELD VERIFY SIZE.LOCATION.AND ELEVATION OF 1� „.._ _ ,y, - EXISIING SANITARY SEWER,WATER MAIN.AND STORM SEWER AND NOTIFY �3,�,.&'.'JF1( � - �F�' - �,1.q "`�K `'mar -^^ - `�,���� ♦.� TION �F .r.^c sr>v. ENGINEER S A�ATIONS ANY DISCREPANCIES PRIOR 70 THE START Of J ',t - "`�' .r"" s "''f• S°°_ _ 4)INSTALLATIONS SHALL CONFORM TO THE CITY ENGINEERS ASSOCIATION OF / FR0a0SE!)' gy O' WEST o'b` 241.96 ati MINNESOTA(CEAM)STANDARD UTILITY SPECIFICATIONS(1998 EDITION)AND 3B(NMINOUSw / •• @ THE CIT"OF'ST.ANTHONY STANDARD SPECIFICATIONS Ina 'I _�, A � 'A oyry °y lIVV VV �1^��')J•�✓l VrtQ!`� �;7 d.�L, 5)CONTRACTOR SHALL NOTIFY CITY OF 57.ANTHONY R MINIMUM OF 24 / z5�t PROPOSED HOURS PRIOR TO ANY INTERRUPTION OF SANITARY SEWER OR WATER �'^�` `�T`' . I�� o�y / fq^ \ �. CURB - .., " SERYCE TC EXl$TING HOMES OR BUSMESST_S {(,',/`N fY (nt/�' i.,, STRFFT AND BITUMINOUS NOTES; Y q MAr'4vEST' 1AdAmN 1 t rvft d SN;. •. - 0`0 "� y�4 +ELEC wer` 7)SAW-CUT OOSTING BITUMINOUS AND CONCRETE CURB 70 PROVIDE '. r '� w // -'d' e00f;m BUTT-aDer'r. r10dMsAre:N I yl I' 'Y'ra• I o` 'w 2 REMOVAL AND DISPOSAL OF E70S71NG SiRFFf MATERIALS AS REQUIRED FOR CONSTRUCTION IS INCIDENTAL f /� �: I aqq. ♦ t,�}are -k,• I V A / ' S 3)CONTRACTOR SHALL USE TRAFFIC CONTROL MEASURES(IN ACCORDANCEowa nvr hcl tI I I g -'W rY rte.... J 1O/ WITH THE'MINNESOTA MANUAL OF UNIFORM TRAFFIC CONTROL.DEVICES') AS NECESSARY WHENEVER GRADING,UTILITY,OR PAVING OPERATIONS ENCROACH ONTO ADJACENT MMM - ! r4- Cr of 6 ry i / II r� to P CURB NOTES: aft A N �;r' _:�. i)BACK RULING Q CURBS W77H ON-SITE MATERIALS IS INCIDENTAL TO A1T1Or I K I II II x� 4A _XIS'1NG 1 STOf� to '!ro CURB CONSTRUCTION. :Ne 29th Ave - . /- 2)CCIRBBPLASAND GUTTER SHOWN SHALL BE 8612 UNLESS OTHERWISE NOTED ON -f St A vaty Road W`I f 'I CCNCR=Tc BLOCK'BUILDIh. y. q 'I�29' FPE=102.45 II .#°- °—Pi"3's4 w I Zp VERTICAL DATUM IS ASSUMED 51 E Ni IpAI II I � ! {/ j O F N, BEARINGS SHOWN ARE ON AN ASSUMED DATUM O, </T '' II h e >rY 1 1� r II itj yrs WH ti �i_ .' '9,.x, Y;�__ I I .I I( d'• � 9b' E cP'`fP-mv, - u', r - i. Ili t7 NT I I II I LOCATION . t�P ,tea ps ROPOSED/� % FRI. Syr° eh oj II II I�f"4 ..�q@b 8a y��rj'K"''Y•"tt � d /' � � /Wq �kx�� _`I �. .I :'.r• l B 3-1 aA5V "'4�5�, �, i s +O. / q0 I II I•RLc .y ! `xi y �Yo'�„':G .,o �' +-3 L — !I qn' C�q ��•�. 'u. e•ss�� cz��'I. - INH ElEW.loapo£1 \•' 'i \� it I°oma -./z T.' d' x. S ,_ '"""'ter- '"• Q 4.3 GRAPHIC SCALE - — — �- (A59UIOD) '"• g. o,,"� $° i' rol ,I°� o CwAE�Wryxa—D ' sae x a o- asrl °I ti o s >o _ ¢ I WEST ;,a ( IN FEET> � Hmw�� 01. APR L ioch= 30 IL < < ! _ ` E.3 _�-t- Ae N ,YM41 -c e im Im - - - - - - - - - - -- - - ff> \ \ 7 LEGEND: -1 - Existing Watemloin ->>- Existing Storm Sewer ->- Existing Sonilary Sewer I- Proposed Watermoin »- Proposed Storm Sewn ->- Proposed Sanitary Sewer - •b Existing Hydrant ® Existing Sanitary Manhole ❑ ® Proposed Catch Basin/Manhole Direction of Surface Drainage Proposed Contour .n -- Existing Contour -s- Silt Fence 5/1/06 RE14SED PARKING LAYOUT I hereby certify that this pion was prepared by me or unaer SIR PLANNING ENGRaEexinG pREPARED FOR: xeeac Proposed Svm.Eleeetion DESIGNED BY: C.W.P. my direct supervision and that I am a duly Licensed Professionol A� DATE: 3/6/05 vle:doco.w+vel w.wrae PLOWE°"" DRAWN BY: C.A.P. Engineer under the laws of the State of Minnesota. Loren O'Brien rwreaJ - - - _ — - BU�]WGFA� �Ezistvrg Spot E4licn CHECKED BY: C.W.P• 2827 Anthonyone S. Charles W. Plowe j 6776 LAKE DRIVE NE.SUITE 110 Y PROJECT NO, 05936 PHO LA 3)t�S,a34 Minneapolis, MN 55418 DATE Rr1nSION DATE: 5/24/06 LICENSE 18227+:- PAY-(7763)7866007 Moths ���>�-3377 ST. ANTHONY CITY CODE ENFORCEMENT ACTIVITY FIRST QUARTER 2006 CASE# DATE VIOLATION ADDRESS COMPLAINT OFFICER 1 1/17/2006 NORTH W.QUAD SIGN ORD. ENFC. JM 2 1/18/2006 3605 STINSON CARS ON GRASS JM 3 1/20/2006 3713 FOSS RD RENTAL COMPLAINT JM 4 1/25/2006 3501 SKYCROFT GARBAGE LEFT OUT RL 5 2/1/2006 3712 CHANDLER CARS ON GRASS RL 6 2/2/2006 2829 STINSON CARS ON GRASS RL 7 2/2/2006 3239 STINSON DAMAGED FENCE RL 8 2/2/2006 3300 ROOSEVELT CARS ON GRASS RL 9 2/2/2006 3301 BELDON TRAILER ON GRASS RL 10 2/2/2006 2609 34TH TRAILER/NO ADDRESS RL 11 2/2/2006 3724 CHANDLER OVERHEAD EXTENSION CORD RL 12 2/2/2006 2600 STINSON TRUCK PARKED OVERNIGHT RL 13 2/7/2006 3129 EDWARDS TRUCK ON GRASS RL 14 2/7/2006 3113 EDWARDS CARS ON GRASS RL 15 2/15/2006 2701 KENZIE TRC CARS FOR SALE JAY H. 16 2/23/2006 2609 PAHL BOAT ON GRASS RL 17 2/23/2006 2508 MURRY BOAT ON GRASS RL 18 2/23/2006 2512 ST.ANTHONY BLV SIGN VIOLATION RL 19 2/23/2006 2801 36TH GARBAGE LEFT OUT RL 20 3/1/2006 39TH&COOLAGE SIGN VIOLATION RL 21 3/9/2006 3208 SKYCROFT YARD DEBRIS RL 22 3/15/2006 3239 STINSON BROKEN FENCE RL 23 3/16/2006 2610 37TH NOISE VIOLATION RL 24 3/23/2006 2700 39TH(COLD STONE) SIGN INFO JM 25 3/25/2006 4020 SILVER LAKE RD SIGN INFO JM 26 3/24/2006 3805 SILVER LAKE RD BROKEN FENCE JM