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HomeMy WebLinkAboutPL PACKET 05182010 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104987 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 05182010 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY, MAY 18, 2010 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES OF APRIL 20, 2010. VI. COMMUNICATION WITH CITY COUNCIL VII. PUBLIC HEARINGS. VIIA Amendment to the PUD Sign Plan for Silver Lake Village VIII. CONCEPT REVIEWS. None IX. OTHER BUSINESS. IX. Commission Discussion of Residential Front Yard Setbacks. X. REPORTS FROM STAFF. NONE XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XIII. ADJOURNMENT. F\Planning\PC Agendas\2010\05182010 pc agenda.doc 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 APRIL 20, 2010 6 7:00 p.m. 7 8 9 I. CALL TO ORDER. 10 11 Chair Jensen called the meeting to order at 7:00 p.m. 12 13 II. PLEDGE OF ALLEGIANCE. 14 15 Chair Jensen invited the Commission and the audience to join him in the Pledge of Allegiance. 16 17 III. ROLL CALL. 18 19 Commissioners Present: Chairperson Jensen; Commissioners Niccum, Cincoski, Poucher, 20 Heinis, Crone, and Chaput. 21 Absent: None. 22 Also Present: Assistant City Manager Kim Moore-Sykes. 23 24 IV. APPROVAL OF MEETING AGENDA. 25 26 Motion by Commissioner Cincoski, second by Commissioner Heinis, to approve the Planning 27 Commission Meeting Agenda of April 20, 2010. 28 29 Motion carried unanimously. 30 31 V. APPROVAL OF MEETING MINUTES 32 33 Motion by Commissioner Chaput, second by Commissioner Niccum, to approve the March 16, 34 2010 Meeting Minutes as submitted. 35 36 Motion carried unanimously. 37 38 VI. COMMUNICATION WITH CITY COUNCIL 39 40 None. 41 42 VII. PUBLIC HEARINGS 43 44 VII.1. VARIANCE FOR FRONT YARD ENCROACHMENT—3038 HARDING STREET NE 45 46 Chair Jensen opened the public hearing at 7:05 p.m. 47 48 Assistant City Manager Moore-Sykes provided background information on the request for a 49 variance to front yard setback at 3038 Harding Street. She stated Jeremiah Battles, Acacia 1 Planning Commission Regular Meeting Minutes April 20, 2010 Page 2 1 Architects, advised staff of the plans to provide for a six (6) foot wide porch. He inquired of 2 staff about the possibility of applying for a variance to allow for a traditional front porch because 3 the property owners are looking for a front porch that would be more conducive to having an 4 outdoor living space. He and the owners presented their proposal for the front porch to the 5 Planning Commission in a concept review at the March 16, 2010 Planning Commission meeting. 6 A formal application for a variance was submitted to and accepted by the City. 7 8 Assistant City Manager Moore-Sykes presented staff's analysis of the following findings of fact 9 relative to the subject property: 1) The property cannot be put to a reasonable use without the 10 variance; 2) The circumstances causing the hardship were not created by the owner; 3)The 11 variance, if granted, will not alter the essential characteristics of the locality; 4) Economic 12 considerations alone are not the basis of the hardship; 5) The circumstances causing the hardship 13 are unique to the individual lot; 6) The granting of the variance is in keeping with the spirit and 14 intent of the Zoning Code. 15 16 Assistant City Manager Moore-Sykes stated staff has received two letters in support of the 17 proposed project and feel that the one foot variance would have little to no impact on the 18 neighborhood. No phone.calls or emails were received regarding this application. 19 20 Chair Jensen stated for the record, the letters received in favor of the proposed project are from 21 the property owners immediately north and south of the subject property. 22 23 Mrs. Holly Wick Bower, applicant, addressed the Planning Commission and expressed the 24 excitement of she and her husband to be working with Jeremiah Battles on the major 25 architectural renovation of their home. She stated they love their neighborhood and neighbors. 26 There are many children in the yards, riding bikes, etc. They are excited to have this porch on 27 the front of the house and to watch their children grow. She stated they are hoping the Planning 28 Commission will take the renovations plans into consideration. 29 30 Mr. Jeremiah Battles, Acacia Architects, presented the Hennepin County Property Map—Tax 31 Year 2010. He discussed the lot size of the subject property in comparison to several larger lots 32 in the area, and explained that the smaller lots have been pushed up to the setback line. Mr. 33 Battles presented the architectural drawings and site plan for the proposed project. He stated the 34 property owners to the north and to the south of this property are very supportive of the proposed 35 project. Mr. and Mrs. Bower would like to include a traditional front porch in the remodeling 36 project, and he has informed them that a six to eight foot wide front porch would be more usable 37 than a five foot wide porch. 38 39 Chair Jensen requested information regarding the concept review discussion about whether there 40 is a need for a variance on the structural setback for the footings. Mr. Battles replied that the 41 footings would still need to be at the six foot measurement and will not change the grade at all. 42 He explained that the existing front porch stoop footing already sticks out to the six foot line. He 43 stated when he had inquired at the City about this issue he was unformed that a review of the 44 plans would be necessary. 45 I Planning Commission Regular Meeting Minutes April 20, 2010 Page 3 1 Chair Jensen clarified that a one foot variance for the overhang and a six foot variance for the 2 footings will be required. 3 4 Commissioner Chaput verified with Mr. Battles that the existing footing structure line will be 5 maintained and that the front walk will be new. 6 7 Chair Jensen asked if Acacia Architects completed the measurements to the curb to verify the 8 front property line. Mr. Battles replied that the original survey on the property was used and will 9 be submitted with the plans. 10 11 Chair Jensen closed the public hearing at 7:21 p.m. 12 13 Motion by Chair Jensen, seconded by Commissioner Niccum, to recommend approval of a one 14 (1) foot variance to the allowable five (5) foot front yard encroachment based on the Findings of 15 Fact as determined during the Public Hearing. 16 17 Motion carried unanimously. 18 19 VIII. CONCEPT REVIEWS 20 21 VIII.1. PUD AMENDMENT FOR SIGNAGE AT SLV —DORAN COMPANIES 22 23 Assistant City Manager Moore-Sykes stated staff met with Ms. Brenda Thomas, Vice President, 24 Property Management, Doran Companies, and her staff to discuss the possibility of amending the 25 current PUD that was established as part of the redevelopment of the Apache Plaza into the 26 current Silver Lake Village. The purpose of this amendment is to allow for more signage for the 27 tenants at Silver Lake Village. 28 29 Mr. Dale Wenkus, Architect representing Doran Companies, addressed the Planning 30 Commission and stated that the issue of signage continues to be raised at Silver Lake Village. 31 He stated the Center is unique, and all the stores are not visible to the main road. They 32 understand this is a PUD and requested to attend this meeting to informally discuss additional 33 signage for the center. The request includes modifications to two existing signs and three 34 additional signs for the site. 35 36 Mr. Wenkus presented photographs of existing signage and the site plan of proposed sign 37 modifications at Silver Lake Village. Mr. Wenkus and Ms. Thomas answered questions of the 38 Planning Commission on the proposed sign modifications and the process for tenant exposure on 39 signage in the center. It was explained that the purpose of the signage close to the road is 40 exposure for the smaller tenants. There are currently 15 tenants without signage space at the 41 center. The total area of the existing signage is approximately 600 square foot. The total 42 additional signage area requested is approximately 200 square feet. 43 44 45 Chair Jensen expressed concern with the proposed height of nine feet for the additional signage. 46 He suggested the applicant provide a mockup of the signage in the proposed locations for the Planning Commission Regular Meeting Minutes April 20, 2010 Page 4 1 public hearing. He suggested the possibility of an addition into the end column of the existing 2 monument sign on Silver Lake Road(depicted as photo #4 in proposed sign modifications). 3 4 Commissioners stressed that scale should be taken into consideration and that the signage should 5 not be obtrusive. It was suggested that the applicant consider moving Cub Foods further up on 6 the existing sign with additional tenants added to the sign. The City's focus on walkability 7 should be taken into consideration with a pedestrian friendly aspect to the signage. 8 9 Chair Jensen requested commissioners to forward any further comments on the proposed sign 10 modifications to Assistant City Manager Moore-Sykes. 11 12 VIII.2. CUP AND VARIANCE FOR RESTAURANT DRIVE-THRU—2714 HWY 88 13 14 Assistant City Manager Moore-Sykes stated staff met with Ms. Lisa Anderson who is interested 15 in opening a coffee shop/cafe in the former Snyder Drug Store site at the Marketplace Center. 16 The site already has an approved Conditional Use Permit (CUP) for the existing drive-thru. The 17 City Attorney has advised that an additional CUP would be needed for the drive-thru because the 18 proposed use of the site is a restaurant. In addition, a variance would be needed for the proposed 19 cafe/restaurant as it is located 150 feet from the residential district across the street. The distance 20 required for this use in the City Ordinance is 250 feet. 21 22 Ms. Lisa Anderson, applicant, addressed the Planning Commission and provided information on 23 the proposed coffee shop/cafe. She stated it would be very family friendly with organic, fair 24 trade coffee, and a healthy menu. The concept is popular on the east and west coast. There 25 would be a designated area for kids to play. Ms. Anderson stated they would like to use the 26 drive-thru,but it will not be the main portion of their business. They do not believe that this 27 would be a detriment to the residents, and the drive-thru is already located on the site. They have 28 done market research and talked to the people and businesses. The coffee shop will be walker 29 friendly, and the concept for the coffee shop and the family friendly,neighborhood focus fits 30 well with the St. Anthony concept. 31 32 Mr. Terry Bartlett addressed the Planning Commission and stated they believe the proposed 33 coffee shop would bring a great community atmosphere to an area missing a coffee shop. The 34 Subway restaurant in this area has people coming in for coffee because there is no coffee shop in 35 the area. Also, they will draw people in from other neighborhoods, and they believe the child 36 friendly atmosphere will be a draw. 37 38 Ms. Anderson and Mr. Bartlett answered questions of the Planning Commission on the proposed 39 coffee shop/cafd, including a discussion on the speaker system, a review of the anticipated traffic 40 pattern on the site, and the proposed children's play area. They indicated that there will likely be 41 a speaker located a short distance from the window for ordering. The speaker will have a 42 volume control that is automatically adjusted according to the ambient noise. It was also noted 43 that the residential area on the Lowry Avenue side of the property has a six foot high concrete 44 wall. 45 t Planning Commission Regular Meeting Minutes April 20, 2010 Page 5 1 Chair Jensen indicated it will be important to provide information on the outdoor speaker system, 2 including the technology of the system, with the CUP and variance request. 3 4 Commissioner Heinis recommended further information be provided on the number of cars in 5 the drive-thru line and the traffic pattern for the cars in queue. 6 7 VIII.3. PARKING VARIANCE—MARKETPLACE CENTER, 2720 US HWY 88 8 9 Assistant City Manager Moore-Sykes stated staff initially met with Marty Orensten, Kaufinan 10 Sign Company, regarding installing a monument sign at the St. Anthony Marketplace Center at 11 2900 Kenzie Terrace. Mr. Orensten worked with staff to design a monument sign that meets the 12 criteria of the City's Sign Ordinance. As part of this project, staff advised Mr. Orensten that the 13 placement of past monument signs has been problematic due to the right-of-way that converge at 14 the Village Pub & Grill site. It was then proposed by Mr. Orensten that one parking stall could 15 be re-landscaped and used for the installation of the proposed monument sign. Assistant City 16 Manager Moore-Sykes stated in researching the site, staff found that Marketplace Center, due to 17 the unique characteristic of the site, lacked 31 parking stalls according to the requirements of the 18 Parking Ordinance and received a variance to the Parking Ordinance when the site was being 19 developed in 2005. Staff contacted the City Attorney regarding the situation and the possibility 20 of taking a parking space as a site for the installation of the proposed monument sign. City 21 Attorney Gilligan suggested an amendment to the original variance for parking. Staff would 22 work with the applicant to propose an amendment to reduce the number of parking stalls from 31 23 to 30. 24 25 Mr. Dan Chaddick, applicant, addressed the Planning Commission and thanked them for their 26 service on the Commission. He stated his support of the family friendly coffee shop discussed 27 under the previous agenda item and the effort of that applicant to obtain a variance and 28 conditional use permit for the drive-thru. Mr. Chaddick outlined the parking variance request 29 and presented a picture of the proposed monument sign at the St. Anthony Marketplace Center. 30 Mr. Chaddick answered questions of the Planning Commission on the parking variance request 31 and the initial variance to the Parking Ordinance. 32 33 Chair Jensen explained that the original concept plan for the center had allowed for a substantial 34 reduction in parking for the uses combined together. The determination on the number of spaces 35 that would be given up did not evolve into the PUD,but rather evolved into a variance for square 36 footage and the parking stalls. He noted that a reduction of one stall may not be considered as 37 substantial. Chair Jensen further noted that there had been previous discussions about striping on 38 the south side of the building closest to Snyder's. However, this may not have been allowed for 39 due to the loading configuration and tenant mix. He suggested that a review of the striping 40 pattern on the south side of the building could result in the ability to retain all of the parking 41 stalls. A variance may not be necessary if the applicant were able to come up with a total 42 quantity to match the parking that currently exists. 43 44 IX. OTHER BUSINESS. 45 46 None. Planning Commission Regular Meeting Minutes April 20, 2010 Page 6 1 2 X. REPORTS FROM STAFF 3 4 X.1. CODE ENFORCEMENT REPORT 5 6 Assistant City Manager Moore-Sykes indicated that the Planning Commission has been provided 7 with the City Code Enforcement Activity—First Quarter 2010. 8 9 XI. COMMUNITY FORUM. 10 11 None. 12 13 XII. INFORMATION AND ANNOUNCEMENTS. 14 15 Chair Jensen will attend the April 27, 2010 City Council meeting to report on the variance 16 request for front yard encroachment at 3038 Harding Street NE. 17 18 XIII. ADJOURNMENT. 19 20 Motion by Commissioner Crone, second by Commissioner Niccum, to adjourn the meeting at 21 8:35 p.m. 22 23 Motion carried unanimously. 24 25 Respectfully submitted, 26 Carol Hamer 27 TimeSaver Off Site Secretarial, Inc. STAFF REPORT To: Planning Commission Report No.: VII.1. From: Kim Moore-Sykes,Assistant City Manager OM6 Date: May 18, 2010 Subject: Proposed PUD Amendment for Sign Plan for the Silver Lake Village Requested Action: Approve Modifications to the Sign Plan and Amend Silver Lake Village PUD Agreement Date Application Received: April 30, 2010 Property Address: Silver Lake Village Zoning District: Commercial PUD 60-Day Expires: June 29, 2010 Waiver Letter Required: Yes Date Sent: No X Future Action: Council Consideration on May 25, 2010, 7:00 PM Bac round: Staff met with Ms. Brenda Thomas, Vice President, Property Management, Doran Companies and Dale Wenkus, architect to Doran Companies, to discuss the possibility of amending the sign plan of the current Planned Unit Development Agreement that guided the redevelopment of the Apache Plaza into the current Silver Lake Village. The purpose of this proposed PUD Amendment for Signs is to provide more signage for the tenants at Silver Lake Village. Ms. Thomas and Mr. Wenkus attended the April 20`h Planning Commission meeting to discuss their proposal for additional signs during a Concept Review. Mr. Wenkus presented photos of the existing and proposed signage for the Silver Lake Village commercial area. He indicated that the sign modifications were needed to increase tenant exposure as the Center is attracting more retail tenants. Ms. Thomas reported that currently there are fifteen (15) tenants without space on any of the existing multi- tenant signs. She indicated that they did try various ways to increase the signage for these tenants with existing signs but they found that they needed to expand the current signs and add additional monument signs. She said that they currently have 600 square feet of existing sign space; they determined that to accommodate those businesses without Center signage, they need to add approximately 200 square feet. The first modifications that were proposed included three (3) new grounds signs; one to be located southeast corner of the Walmart site along the west side of Silver Lake Road; another one to be located on the south side of 39`h Avenue, on the corner of Freedom Gas Station; and the last new sign was proposed for the corner across to the northwest from Freedom Gas Station and the north side of 39`h Avenue,in front of Applebee's Restaurant. 05182010 SLV PUD Amend Signs.doc l I The other modifications discussed were to expand the existing Cub sign and the existing ground sign north of 39`h Avenue to provide signage opportunities for other tenants within the Center. Analysis: Ms.Thomas filed an application to the City,including fees to amend the existing PUD agreement to modify the existing sign plan. The City Ordinance at 152.206(B), REVISIONS AND/OR CHANGES, states that changes in uses, significant changes in location, size, or height of structures, any rearrangement of lots, blocks, and building tracts, changes in provision of common spaces and all other changes to the approved final development plan may be made only after a public hearing conducted by the Planning Commission. While some of the proposed modifications may be considered minor,Staff determined that with the addition of ground signs, a public hearing of the proposed modifications would be appropriate. The original proposal from Doran Companies for sign modification that included the addition of three (3) signs but that plan has been reconsidered as the result of the discussion with the Planning Commission at the April 20`h meeting. The revised proposal for the sign plan amendment has the Cub sign and an existing ground sign at 3900 Silver Lake Road still being expanded to accommodate the signage needs of other tenants in Silver Lake Village and two (2) additional ground signs. The Northwest Quadrant Redevelopment Plan, page 5.11 suggests design standards for the signs proposed for Silver Lake Village. This redevelopment plan states that signage should be complementary to the overall design concept of the area and signage on buildings should be encouraged and where not possible, to allow only low monument-style signs. The Developer's PUD Agreement states at Tab #4,Vol.I, DD. that the developer shall also have the right to place directional monument signs in the public right of way of 391h Avenue NE in the locations shown on the approved Site Plan. One of the proposed monument signs is sited in the right-of-way of 39`h Avenue NE (NW corner of Erickson Tract - Freedom Gas site). The other proposed sign is sited in the SE corner of the Walmart Tract, along Silver Lake Road. While the Developer's PUD Agreement does state that the developer shall also have the right to place directional monument signs in the public right of way of 39`h Avenue NE in the locations shown on the approved Site Plan, the location as proposed in the sign plan amendment before the Planning Commission is not designated on the original site plan. Findings: 1. The Cub sign expansion is within the parameters as established by the original sign plan in the Developer's PUD Agreement. The proposed addition to the Cub sign increases the height of the sign to 26 feet,well within the maximum height of 31 feet as stipulated at 8. Signs, a. Cub Pylon, page 21. 2. The number of new ground signs is to be reduced to two (2); one sign is proposed to be located southeast corner of the Walmart site along the west side of Silver Lake Road at 3800 Silver Lake Road; and the other sign is to be located on the south side of 391h Avenue, on the NW corner of 3810 Silver Lake Road, the Freedom Gas Station site. The initial proposal discussed at the Concept Review,April 20, 2010, showed three (3) new ground signs. 3. The existing ground sign located north of 39`h Avenue, west side of Silver Lake Road at 3900 Silver Lake Road is to be modified to allow for an increase in the number of tenant signs. 4. No proposals for modification are planned or submitted for the currently existing Walmart sign or the entrance signs at 39`h Avenue and Silver Lake Road. 05182010 SLV PUD Amend Signs.doc 1 Attachments: • Application • Site Plan of Proposed Revised Sign Modifications • Proposed Sign Modifications,April 2010 • Proposed Sign Modifications for CUB and Monument Signs • The Northwest Quadrant Redevelopment Plan on Signage • Signage for Silver Lake Village,Vol. I, Silver Lake Village PUD Agreement • City Ordinance 5152.206,REVISIONS AND/OR CHANGES 05182010 SLV PUD Amend Signs.doc fr etf"�L_.,,� O 1 © �• ©r�,�q�) •� s�( a v �°.;.��� �+"�'u+:� �`'ii lrss�"''�'� .e. .©'-}.� } Yf�' � 3 r�.`L r'� ;m,'-,�o D-_o 4r -: � ,�,J r�.'���gt��`�� 'r��ar�•`�� �3p`�r��... '� � Y '�S'='f``. `��u y�-. �`5- . :� � ..F t :Ti - ETj D w,t.�� �,,- s y' - La ,� ',��� - > e"v pC!`,. "i, 2'�` .' `baa r'".` fir'``A � '�, ',"•p'F _,�'�` '' h ,a r ..s,,2 -. 3fi f. , R r D O t ' ';r � l�ra`�c w.. 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N..� so 6 so ,�-.. :::�,x�.�_�_,..G3.t,n,::.���:s,.n_ina` " t.,�,.. ;�a,'y 3`•= ?`-�'e�a F �k* 1 1 1 1 11 . ainthon ill e 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.ci.saint-anthony.mn.us April 30,2010 Ms. Brenda Thomas St. Anthony Retail Development, LLC 7803 Glenroy Road,Suite #222 Bloomington, MN 55439 Dear Ms omas: This letter is being sent as an acknowledgement of receipt of your request to amend the Sign Plan for the Silver Lake Village Shopping Center,dated April 2/, 2010 and received by Staff on April 30,2010. Also included with this letter, is a receipt for the PUD amendment fees ($150) and a copy of the public hearing notice. As the public hearing notice indicates,your PUD Amendment request will be considered at a public hearing scheduled for 7:00pm at the May 18,2010 Planning Commission meeting. The City Council will consider the Planning Commission's recommendation at their regularly scheduled Council meeting on May 25, 2010 also at 7:00pm. Both meetings will be held at City Hall in the Council Chambers. You or a representative is required to be in attendance at both the Planning Commission meeting and City Council meeting to answer any questions about your request. If you have questions or concerns regarding this process or your application, please feel free to contact me at 612-782-3312 or via e-mail, kmoore-sykes@ci.saint- anthony.mmus. Sincerely, Kim oore-Sykes Assistant City Manager Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. DORAN MANAGEMENT On behalf of St.Anthony Retail Development,LLC 7803 Glenroy Road Suite 200 Bloomington,MN 55439 Ph: (952)288-2000 Fax: (952) 288-2001 www.dorancompanies.com TO: The City of St.Anthony FROM: Brenda Thomas O%x DATE: 5/10/2010 RE: Additional Signage Request Summary Per drawing Al dated 4/29/10 and revised 5/10/10, below is a summary of the requested signage changes to the PUD for Silver Lake Village Shopping Center. 1. Modify existing Cub Foods sign by increasing the height 6' in order to add three tenants to the sign(see 5/A1 of the drawing). 2. Modify existing sign by increasing sign height 1' and adding a 1' metal cap to match the existing Cub Foods sign(see 4/A1 of the drawing). 3. Add a 10' x 8' sign that is identical to sign#2 above that will include four new tenants (see 1/A1 of the drawing). 4. Add a 6' x 6'6" ground sign similar to the existing Cub and Wal-Mart directional signs in the shopping center that will include three new tenants (see 3/A1 of the drawing). Please feel free to call me at 952-288-2020 or email brendagdorancompanies.com if you have any questions. Thank you. DORAN Cub _ = Foods rE� G a =- awmn.m TO PMA FOR i SILVER LAKE VILIAGE •• t DOR NN cS - d •` _o dd�w� _ -..sc.rn ua mwo �� ¢� m P: SKPAGE MDDU!iCATWM ��wa�n.m ee.n m neymi_�_etA __ Al 0 Cub Foods Cubo Foods N 4 TENANT TENANT GRADE - _ - - - GRADE - - - - EXISTING SIGN PROPOSED SIGN PHOTO#1 PHOTO#1 Proposed Sign Modifications DORAN Silver Lake Village COMPANIES St. Anthony ,MN ADD NEW CAP INCREASE SIGNVTENANT " " HGT 1' .I TENANT TENANT oTENANTTENANT 0 4 GRAD GRADE 0 PROPOSED NEW SIGNS(3) EXISTING SIGN PHOTO#3 Proposed Sign Modifications Silver Lake Village DORAN St.Anthony ,MN COMPANIES ' I k x i ) t�a tt-A7 YtT 7 -0-009 S � - y GEi�!'. t.:_-�mss-• 0 n C '-1 I 'r B f T RETAIL — —J, C —�� POSEG,:(2) v NLIA1,CRQUNO o RETAIL .. o o --------------- saedsnse_mese Epr_NEW EXISTING WAI MART EXISTING EXISTINGEXISTING EXISTING ';GgpUND 0' MONUMENT SIGN G OUND SIGN G OUND,SIGN gROUND_SIGN CUB FOODS '3 s P_RfffOs 2!s HdT0q� 4I PHOTO 5;. 'P PHOTO��°g3 MONUMENT SIGN qg SIL VER LAKE ROAD 0 50' 100' 200' Proposed Sign Modifications _ Silver Lake village DORAN ^ f n \, St. Anthony ,MN COMPANIES Zoning Code adequacy, and safety of the proposed layout of internal streets and driveways; the adequacyan location of green areas; the adequacy, location, and screening of parking areas; and an er matters as the City Council may find to have a material bearing upon the stated standard objectives of the Comprehensive Land Use Plan. (1993 Code, § 1655.05) § 152.205 COORDINATION WITH S VISION REGULATIONS. If a PUD involves the ivision of land, then the subdivision review shall be carried out under Chapter 151 simul usly with the review of the PUD. The plans required under this subchapter shall be sub • ed in a form which will satisfy the requirements of Chapter 151 for the preliminary plat and plat. § 152.206 REVISIONS AND/OR CHANGES. (A) Minor changes in location,placement, and height. Minor changes in the location, placement, and height of structures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. (B) Significant changes in use, location, size, and height. Changes in uses, significant changes in location, size, or height of structures, any rearrangement of lots, blocks, and building Tracts, changes in provision of common open spaces and all other changes to the approved final development plan may be made only after a public hearing conducted by the Planning Commission. Upon determination by the Development Review Committee that a major change has been proposed, the developer shall apply for an amended PUD. The application to amend the PUD shall be treated as a new zoning application. Upon acceptance of a complete application, the Planning Commission shall hold a hearing as set forth in §§ 30.45 through 30.48. Any changes shall be recorded as amendments to the recorded copy of the final development plan. (C) Provisions of original district apply. All of the provisions of the zoning district within which the PUD is established shall apply to the amended PUD except as otherwise provided in approval of the final development plan. The effective date of the PUD shall be after: (1) Approval of the PUD amendment and text and final development plan; and (2) Publication of the ordinance. (D) Review. If substantial development has not occurred within a reasonable time after approval of the PUD, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning was in error. 90 St. Anthony-Land Usage (E) Formal review periods. Within the PUD Agreement,the city may schedule formal City Council review periods on an annual or less frequent basis to ascertain that actual development on the site meets the conditions of the approved PUD. (1993 Code, § 1655.07) NTE -O (A) Comparison with approved development schedule. The Planning Commission shall compare the actual development accomplished in the various portions of the PUD with the approved development schedule. (B) Extension of limits of development schedule. Upon recommendation of the Plann' g Commission and for good cause shown by the developer, the City Council may extend t e limits of the development schedule. (C) Construction rates of dwelling and open space. The construction and ovision of all of the common open space and public and recreational facilities which are shown o the final development plan must proceed at the same rate as the construction of dwelling units, i ny. The Development Review Committee shall review all of the building permits issued for t PUD and examine the construction which has taken place on the site. If they find that the a of construction of dwelling units is greater than the rate at which common open spaces and p lic and recreational facilities have been constructed and provided, they shall forward this inform on to the City Council for action. (D) Security. A letter of credit in form acceptable t e city shall be required to guarantee performance by the developer. The amount of the lett of credit and the specific elements of the development program that it is intended to guarant will be stipulated in the PUD Agreement. (1993 Code, § 1655.08) § 152.208 CONTROL OF PUD FOL WING COMPLETION. (A) Final development plan verns. After a certificate of occupancy has been issued for all or any portion of a PUD, the use o the land covered by the certificate of occupancy and the construction, modification, and alteration any buildings or structures within the PUD shall be governed by the final development plan. (B) Changes of r issuance of certificate of occupancy. After a certificate of occupancy has been issued for all or a portion of a PUD, no changes shall be made in the approved final development plan except up application as provided below. ) Any minor extensions, alterations, or modifications of existing buildings or structures may b authorized by the Development Review Committee if they are consistent with the purposes and int t of the final development plan. No change authorized by this section may increase the mass or ilding_ar_structure ° . ■ The interior of parking lots should be generously land- scaped with islands and other features to break up large expanses of asphalt. ■ Pedestrian connections should be provided from park- ing ark ing lots to building entries,adjacent streets, and abut- ting open space or park features. Signage ■ Signage should be complementary to the overall de- sign concept of the area and should not introduce jar- ring or incompatible colors, shapes, or features. ■ Signage on buildings will be encouraged rather than freestanding signs. If freestanding signs are allowed, only low monument-style signs should be allowed. ■ Wall signage on buildings should be limited to a sign band at a certain width and height above the ground. 0 ■ Projecting signs perpendicular to a wall will be en- couraged if of modest scale. :x Lighting _ ■ Street lighting should make use of decorative fixtures $r, - of modest height both to provide lighting and to define C' the character and scale of the internals streets. ■ Site lighting for private developments should follow the character and scale of the public street lighting. =� ■ All light fixtures should be downcast cutoff type to re- duce e duce light spillage and glare. �u, s S-- Quadrant Redevelopment • • „ Pa e 5.11 VOL L . 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 bright to,pl_a_c_e_=e mumu on-Wh the-noAweat ani°southwest'quadrants=of39---Av-enueiNzE-:-at SilverEYLake RoadF-in--the vlocations-,showtiLTon--the=-Fina nDesi Development flan, ,referenced.4m Section=M, 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. I)eveioRerRshall�alsQ vpithe,right-too,, place-,directiond i-monument r-,public ri&7of�.way,,:of�Y392 _Avera Site?lanaand_4in;, accordance.,,with,:the-sign-,elevationsEattachedza–atExhibit�;B1 and to place landscaping and irrigation and lighting systems in said public right ofway 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 thiry (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. Exhibit L-2 Sketch of easements to be terminated upon completion of construction of Improvements _Exhibit M Sketch of easements created Exhibit N Legal descriptions and pictorial of new easements Exhibit N-I Pictorial of Entrance Monument Sign Exhibit O Legal Description for New Municipal Liquor Store Tract Exhibit P Wal-Mart Directional Monument Sign Exhibit 0 Cub Directional Monument Sign g. `kImprovuments" means any Building, parking areas, sidewalks, loading areas, retaining walls, fences, storm water drainage system, sanitary sewer system, watermains, walls, hedges, landscaping, plantings, poles,-signs; structures of any type or kind, and the permanent result of any other actions taken for improvements on a Tract. h. "Mortgage"means any bona fide mortgage,deed of trust or conveyance of a Tract or any interest therein or portion thereof which secures the performance of an obligation which, upon completion of such performance, will be released, discharged or reconveyed. i. "Mortgagee" means the mortgagee, secured party or other beneficiary of a Mortgage. j. "Owner or Owners" means the fee owner or owners of all or any part of any Tracts. Tenants and lessees under leases for all or part of any Tract shall have and enjoy such rights and privileges under this Amended REA as are granted to them in their respective leases or as specifically provided pursuant to.the terms of this Amended REA. The approval by the City and/or the HRA under the Amended REA is approval as an Owner or future owner under the Amended REA, but not the City as to review, approval, and enforcement of the City of Saint Anthony codes,rules, regulations and laws. In addition, so long as the Cub Lease is in effect and Cub shall not have committed an event of default under the Cub Lease beyond any applicable cure period, then Cub's prior written consent and approval shall be required (pursuant to consent and approval rights granted to the Owner of the Cub Tract under this Amended REA) concurrently with the obtaining of consent from the Owner of the Cub Tract and no amendment may be made to this Amended REA without first obtaining the prior written consent of Cub to each such amendment. These aforementioned consent rights apply only to Cub and not to any assignee or subtenant of Cub, and, in each such instance, such consent shall not be unreasonably withheld, delayed or conditioned. Likewise and also in addition, so long as the Wal-Mart lease is in effect and Wal- Marl shall not have committed an event of default under the Wal-Mart Lease beyond any applicable cure period, then Wal-Mart's prior written consent and -5- 1 ( (i) Removal of graffiti within forty-eight(48)hours. C. Taxes. Each Owner agrees to pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authority,all real property taxes and assessments which are levied against the Tract owned by it (including any existing or future general and special assessments levied in connection with the Development property)on such Party's Tract. d. Buildines. Each Owner shall maintain all perimeter and exterior walls-on its Buildings in a good condition and state of repair and shall maintain all Buildings and Improvements on its respective Tract in good order and condition and state of repair at their own expense, including, but without limitation, keeping all sidewalks, walkways, roadways, truck docks, receiving areas, parking areas and any other areas, facilities and equipment located upon such Tract at all times in a reasonably clean,unlittered, orderly and sanitary condition. L,:"8 1MIE ' PIAS a(,(.ez oa v-�,; a. Cub Pylon. U.S. Bank hereby grants, for the benefit of the Cub Tract, a permanent non-exclusive easement for the construction and maintenance by Cub of a pylon sign (the "Cub Pylon") on a portion of the U.S. Bank Tract, as-legally described on Exhibit N and pictorially shown on Exhibit A attached hereto ("Cub Pylon Easement Area"). Neither the height, size nor dimension of the Cub Pylon shall be greater than (without the consent of the Owner of the U.S. Bank Tract, which consent shall not be unreasonably withheld) 31 feet in height, 13 feet 5 inches in width and one foot in depth. Tfie-,design-of-they Cub,jP-ylon#-shall°be subject to�thesole=dis�retionYofxCub;�except=the=CubcE3+lonsl3all;.z�ot.�contain�the name,of=any-,bank-orotherfinaricial�instifdtion and slfiall"tti eorisisterit vi+itb-design standards�of pylons:=in�the-Development,and..contain,of•maspnry.base.,,A11,,costs,of constructing, repairing and maintaining the Cub Pylon shall be the sole responsibility of Cub. b. Wal-Mart Pylon. Wal-Mart may construct a pylon sign (the "Wal-Mart Pylon") on the Wal-Mart Tract in the area pictorially shown on Exhibit A attached hereto. Neither the height, size nor dimension of the Wal-Mart Pylon shall be greater than 31 feet in height, 13 feet 5 inches in width and one foot in depth without the consent of the Developer, which consent shall not be unreasonably withheld. The design of the Wal-Mart Pylon shall be subject to the sole discretion of Wal-Mart and shall-be�,consiste-nt with,,design-standards..of.,pylons,,in,the,-DevelopffeFti nd contain,a,masonr, base All costs of constructing, repairing and maintaining the Wal-Mart Pylon shall be the sole responsibility of Wal-Mart. C. Developer Directional Monument Signs. Developer shall construct one directional monument sign for the benefit of Cub in the North right of way of 39"' Avenue N.E. (the "Cub Directional Monument Sign") and one directional monument sign for the benefit of Wal-Mart in the South right of way of 39"' -21- I • 1 Avenue N.E. (the "Wal-Mart Directional Monument Sign"), as shown on Exhibit A. The Wal-Mart Directional Monument Sign shall be constructed in a manner substantially the same as the drawing attached as Exhibit P. The Cub Directional Monument Sign shall be constructed in a manner substantially the same as the drawing attached as Exhibit Q. All costs of constructing the Cub Directional Monument Sign and Wal-Mart Directional Monument Sign, and the costs of maintaining and repairing such signs shall be the sole responsibility of Cub and Wal-Mart(for their respective signs); provided, however, the cost of constructing the Wal-Mart Directional Monument Sign shall not exceed$10,000.00. d. Entrance Monument Sign. If the City permits and approves an Entrance Monument Sign, each Party or tenant of such Party appearing on the Entrance Monument Sign shall pay its pro rata share of the cost of construction and maintenance of the Entrance Monument Sign, which shall be located in the Erickson Landscape and Sidewalk Easement Area. Provided the City approves an Entrance Monument Sign with adequate space for business names, Cub, Wal- Mart and the City shall have the right to place their name on a panel on each side of the Entrance Monument Sign and any additional names shall be at the sole discretion of the Developer. e. Exterior Signs. The following restrictions shall apply to the signs within any Tract: (l) No more than one exterior free standing sign may be located on each of the U.S. Bank Tract, Erickson Tract, and Fast Food Tract, not including the Cub Pylon, the Entrance Monument Sign located in the Erickson Landscape and Sidewalk Easement Area, directional signs, informational signs such as "Handicapped Parking" temporary display of leasing information, and the temporary erection of one sign identifying each contractor working on a construction job. The foregoing restrictions with respect to exterior free standing signs shall not include any canopy sign attached to a Building or temporary promotional signage. (2) Subject to government restrictions and in addition to the height restriction contained in Subsection 8.a. and 8.b., no.-.exterior free standingz-sign which is located on the U.S. Bank Tract, the Fast Food Tract, or Erickson Tract, other than the Cub Pylon, shall-be= more-than-20-feetAn=height--of=contai"n.=signage-area more.-.than..80. �square_feet,:per.side, or be so large that it materially obstructs the visibility of the buildings located on the Cub Tract or the Wal-Mart Tract. Further, any sign governed by this subsection shall be constructed-with.,a.masonry-_base_consistent�-,with otherwpylon-signs-, in the Development. Notwithstanding the foregoing, the exterior free standing sign currently on the U.S. Bank Tract complies with this Amended RFA and, in the event the sign is damaged or destroyed or the ownership of the U.S. Bank Tract shall change, -22- i the then Owner of the U.S. Bank Tract shall be allowed to construct a new sign.on the U.S. Bank Tract in substantially the same size, height and location as the existing sign on the U.S. Bank Tract. (3) The name "Cub Foods" shall not be used to identify any Tract or any other business or trade conducted on any portion of any Tract or any Tracts adjacent thereto except for the Cub Tract. (4) The name "Wal-Mart" shall not be used to identify any Tract or any other business or trade conducted on any portion of any Tract or any Tracts adjacent thereto except for the Wal-Mart Tract. e. Notwithstanding the foregoing, no signs shall be located on any Tract unless they comply with applicable governmental authority requirements. f. The Shopping Center Pylon set forth in Section 10.2 of the Existing REA is hereby terminated, and the Developer agrees to remove the Shopping Center Pylon at its sole cost and expense and restore the area to landscaping of similar nature to the surrounding area. g. Nothing set forth in this Amended REA shall prohibit any Party from constructing signage on its Building advertising the business conducted therein, subject to subsection e. above. 9. Indemnifications/Insurance. a. Indemnification. Each Party ("Indemnifying Party") hereby indemnifies and agrees to save harmless each other Party ("Indemnified Party), and its mortgagees from and against any and all liabilities, which (i) arise from or are in connection with the possession, use, occupation, management, repair, ' maintenance or control of Indemnifying Party's Tract, or any portion thereof, (ii) arise from or are in connection with any act or omission of Indemnifying Party, or its agents, employees, contractors, subtenants or any other party claiming by or through Indemnifying Party; or (iii) result .in injury to-person or property or loss of life sustained in or about the Indemnifying Party's Tract, unless caused by the negligence, acts or omissions of another Party, its agents, contractors, employees, subtenants, or any other party claiming by or through another Party. Indemnifying Party shall defend any actions, suits and proceedings which may be brought against any Indemnified Party or its Mortgagee with respect to the foregoing or in which they may be impleaded. Indemnifying Party shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against Indemnified Party or its Mortgagee in connection with the foregoing. -23- C ,t,,�r N CUB PYLON EASEMENT AREA tTM`�"�gues over,under,and across LOT 2,BLOCK 1,SILVER KE CENTER,according to the recorded plat thereof,Ramsey County,Minnesota. Said permanent easement is all that part of said LOT 2 described as follows:Commencing at the southeast corner of said LOT 2;thence on an assumed bearing of North 0 degrees 04 minutes 00 seconds East along the easterly line of said LOT 2,for 176.69 feet to the point of beginning; thence continuing northeasterly along the said Easterly line of LOT 2 on a bearing of North 0 degrees 04 minutes 00 seconds East for 2.61 feet; thence northwesterly along a non-tangential curve for 55.45 feet,concave to the southwest,radius of 60.00 feet,a central angle 52 degrees 56 minutes 20 seconds,on a chord that bears North 26 degrees 24 minutes 41 seconds West;thence on a bearing of SOUTH for 40.52 feet;thence South 45 degrees 00 minutes 00 seconds East for 14.14 feet;thence on a bearing of EAST for 13.79 feet to the point of beginning. ` 1.. HiMMUMMUMMI .,6 It _ ; Nil lilt 661 PARIONG SPACES 4.6/1000 SF PAFWNG RATIO SILVER LAW VR1.AM .� I w �;� �:�3 -y ��►� 1111- � �,� 4-� '/ - r� 14 r �1 � 11 ..1 �..•�.,.l,1 :1,_ - L��;. 111 Im M31 ..,.�: gm g ■ - �'�� 1 \\\\\\\O\\\\\ n (l 661 PA'ZJ=M G SPACES I ,.• 1 _ A4.6/100D SF PAFWHG RATIO mo ,moi 1 •Y • 1• C. Fire Protection. Any building constructed in the Development shall be constructed and operated in such a manner which will preserve the sprinklered rate on the other Buildings in the Development. d. Easements. In the event building wall footings encroach from one Tract in the Development onto another, despite efforts to avoid that occurrence, the Owner onto whose Tract the footings encroach shall cooperate in granting a subsurface encroachment permit or easement to the Owner whose building wall footings encroach. In addition, each Owner in the Development, as grantor, hereby grants to the other Owner (s) in the Development, as grantee, a perpetual easement for the purpose of constricting, maintaining, repairing, restoring or reconstructing any of the grantee's facilities located in such proximity to the Tract of the grantor that such facilities can, as a practical matter, be so maintained, repaired, restored or reconstructed most advantageously from the Tract in the Development of the grantor, provided that (i) the grantee shall restore the portion of the Tract in the Development and any facility thereon so used to the same or as good condition as immediately before such work was begun, and (ii) no such use by such grantee shall interrupt the business being conducted on the Tract in the Development so used or unreasonably interfere therewith. e. Rooftop Equipment and Signs. All rooftop equipment on any Building-shall be screened in a manner satisfactory to City of St. Anthony. In addition,@-Qiooftopj ;signslialltlie erected on any=Binldiiug mithez�De 1(� �n n� x;. xa'In,di:�, tYa�ivmux rte.®•-'.._.-- vK-...�..... . f. Condition of Building Areas Before Construction. Developer agrees to keep the Building Areas on its tract in a neat, orderly condition until improved and constructed. 6. Easements and Restrictions. a. Grant of Common Area Drainage Easements. Developer grants to the owners of all Tracts, as grantees, a non-exclusive easement under, over, through and around the Development for the use of storm water facilities and drainage of surface waters. Notwithstanding the foregoing, the City will require drainage ponds located within the Development and on certain land adjoining the Development, as pictorially depicted on Exhibit A attached, for the benefit of each Party contained within this ECR. Following initial construction of such drainage ponds (which construction shall be the obligation of Developer), Developer shall maintain and repair all such ponding areas and storm drainage and storm sewer systems as required by applicable laws and regulations and any development agreement or other contracts with the City of St. Anthony, and each Party shall be responsible for its proportionate share of the costs of maintenance, and repair of the drainage ponds and storm drainage and storm sewer systems based upon the square footage -10- future general and special assessments levied in connection with the Development properly) on such Party's Tract. d. Buildings. Each Owner in the Development shall maintain all perimeter and exterior building walls in a good condition and state of repair and shall maintain all Buildings and Improvements on their respective Tract in good order and condition and state of repair at its own expense, including, but without limitation, keeping all sidewalks, walkways, roadways, truck docks, receiving areas, parking areas and any other areas, facilities and equipment located upon such Tract in the Development at all times in a reasonably clean, unlittered, orderly and sanitary condition. a. Cub Pylon. The Cub Pylon shall be constructed and owned by Cub in the Cub Pylon Easement Area located on the U.S. Bank Tract, as legally described on Exhibit J attached hereto ("Cub Pylon Easement Area"). Neither the height, size nor dimension of the Cub Pylon shall be the greater than the following without the consent of the Owner of the Cub Tract, which consent shall not be unreasonably withheld, 31 feet in height, 13 feet 5 inches in width and one foot in depth. The design of the Cub Pylon shall be subject to the sole discretion of Cub except the Cub Pylon shall not contain the name of any bank or other financial institution. All costs of constructing, repairing and maintaining the Cub Pylon shall be the sole responsibility of Cub. b. Wal-Mart Pylon. The Wal-Mart Pylon shall be constructed and owned by Wal- Mart on the Wal-Mart Premises. Neither the height, size nor dimension of the Wal-Mart Pylon shall be the greater than the following, 31 feet in height, 13 feet 5 inches in width and one foot in depth. The design of the Wal-Mart Pylon shall be subject to the sole discretion of Wal-Mart. All costs of constructing, repairing and maintaining the Wal-Mart Pylon shall be the sole responsibility of Wal-Mart. C. Developer Monument Signs. Developer shall construct one monument sign for the benefit of Cub on the North Developer Tract located off 39`h Avenue N.E. and one monument sign for the benefit of Wal-Mart on the South Developer Tract located off 39`h Avenue N.E., as shown on Exhibit A. All costs of constructing the monument signs, and the costs of maintaining and repairing the monument signs shall be the sole responsibility of Cub and Wal-Mart (for their respective signs). d. Extenor..Si�ns,"- The followin restrictions;` "" x � ,, g� _ ,shalcomply,�tb�the�signs�uvitliiiian, �'Pract (1) No more than one,exteriory<frees,staudin sign, may,,Ae,Jocated�on each of the U.S. Bank Tract, New Links Tract and Erickson Tract, not including the Cub Pylon, directional signs, informational signs such as "Handicapped Parking," and temporary display of leasing -18- information, and the temporary erection of one sign identifying each contractor working on a construction job. (2) In addition to the height restriction contained in Subsection 8.a. and 8.b. no*exterior free standing sign which is located on the U.S. Bank Tract, New Links Tract, or Erickson Tract, other than the Cub Pylon, shall be so high or so large that it materially obstructs the visibility of the building located on the Cub Tract. (3) The name "Cub Foods" shall not be used to identify the development or any other business or trade conducted on any portion of the development or any tracts adjacent thereto except for the Cub Tract. (4) The name "Wal-Mart" shall not be used to identify the development or any other business or trade conducted on any portion of the development or any tracts adjacent thereto except for the Wal-Mart Tract. e.. Notwithstanding the foregoing, no signs shall be located on any Tract in the Development unless they comply with applicable governmental authority requirements. f. The Shopping Center Pylon set forth in Section 10.2 of the existing REA is hereby terminated. 9. Indemnifications/Insurance. a. Indemnification. Each Party ("Indemnifying Party") hereby indemnifies and agrees to save harmless each other Party ("Indemnified Party"), and its mortgagees from and against any and all liabilities, which (i) arise from or are in connection with the possession, use, occupation, management, repair, maintenance or control of Indemnifying Party's Tract, or any portion thereof; (ii) arise from or are in connection with any act or omission of Indemnifying Party, or its agents, employees, contractors, subtenants or any other party claiming by or through Indemnifying Party; or (iii) result in injury to person or property or loss of life sustained in or about the Indemnifying Party's Tract, unless caused by the negligence, acts or omissions of another Party, its agents, contractors, employees, subtenants, or any other party claiming by or through another Party. Indemnifying Party shall defend any actions, suits and proceedings which may be brought against Indemnified Party or its mortgagee with respect to the foregoing or in which they may be impleaded. Indemnifying Party shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against Indemnified Party or its mortgagee in connection with the foregoing. -19- Kim Moore-Sykes From: Brian Heinis[bdan_heinis@mac.com] Sent: Thursday, May 13, 2010 9:36 AM To: Don Jensen; Kim Moore-Sykes Subject: Item for Planning Commission Meeting Kim & Don, When I represented the Planning Commission at the City Council meeting last month for the variance request for a porch by the Bowers I was asked if we had thought about changing the setback ordinance. I responded no - it had not come up in our discussion. Later in the meeting Council Member Stille asked that we discuss the setback ordinance with respect to porches. After presenting I spoke with the Brower's architect, Jeremiah Battles to get his views. He thought that an 8-foot encroachment should be allowed for open porches in the front yard setback. He felt that 8 feet was a good usable size for an open porch. He also suggested that we make sure to include a clause to indicate that this setback would not be available for closed in porches including screened in porches. I agree with the architect's ideas and would like to have a discussion about this at our next meeting if there is room on the agenda. Thanks, Brian 1