HomeMy WebLinkAbout2003-07-28 WC Recorded Document #3358656 - PUD3358656
STATE OF MINNESOTA
COUNTY OF WASHINGTON ss.
CITY OF OAK PARK HEIGHTS )
2003.
NOTICE OF CERTIFICATION
Planned Unit Development Permit
For
WATE Enterprises, Inc. - 5670 Memoria1Ave. N.
Eric Johnson
City Administrat
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Office of the
County Recorder
Washington County, MN
Certified filed and/or recorded on:
2003107128 3:38:00 PM
3358656
1, the undersigned, being duly qualified and acting as City Administrator for the City of Oak
Park Heights, Minnesota DO HEREBY CERTIFY that 1 have compared the attached document:
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a
full, true and complete copy of said document within the files of the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 9th day of June,
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Clndy Kamm:Inn
County Recorder
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CITY OF OAK PARK JJEIGHTS
PLANNED UNIT DEVELOPMENT PERMIT
FOR
W.A.T.E. ENTERPRISES, INC.
File No.: 1501 - 10134 • Date Issued: April 23., 2
Le Description:
LOT 1, BLOCK 1 WATE ADDITION
J �
Owner: W.A.T_F_ Enterprises, Tnc,
Address: 5.6711.Memorial Avg
Oak Park Ffeieds, Minnesoo2t 551182
Per aaittee: Enterprises Inc.
Present Zoning District:
Permitted uses set forth in Ordinance 401. Section 401.30Q
I PLANNED UNIT DEVELOPMENT PEST FOR: W A.T.E. Enterprises Inc.
General Description.:
PUD concept and General Plan of approval has been granted W.A..T.E. Enterprises, Inc. to build a
storage building on the above identified property. The development shall be coordinated with and
subject to the same cross easements and/or restrictions and covenants as the development that adjoins
the lot to the north now located on Lots 1 through 6 inclusive, Block 1, W.A..T,E. Addition
II. ADDITIONAL RESTRICTIONS AND PROVISIONS.
The terms and p rovisions of Resolution No.03 -05 -28 of the City of Oak Park Heights relative to this project shall be
complied with . by Developer as part of this agreement; the same specifying as follows:
1. The Developer shall identify the square footage of office space and warehouse space,
which will determine the required parking spaces needed on the site.
2. The access and circulation plan is subject to the approval of the City Engineer and
Fire Chief.
3. The Developer shall identify the location of snow storage within the site plan, subject
to the review and approval of the City Engineer.
4. The site plan shall be modified to meet a 20 percent green space requirement.
5. All curb barriers shall be set back at least 10 feet from lot lines.
6. The landscaping plan shall be subject to the review and approval of the City
Arborist.
7. The Developer shall pay a tree replacement fee as determined by the City Arborist
(the Arborist has determined the fee to be $10,070.00),
8, The drainage and grading plan is subject to the review and approval of the City
Engineer.
9. The wetland delineation plan shall be subject to the review of the City Engineer.
10. The applicant shall secure permits as necessary from the Brown's Creek Watershed
District.
11. The utility plan for the site shall be subject to the review and approval of the City
Engineer.
12. The locations of fire hydrants and sprinkler systems in both buildings shall be subject
to the review and approval of the Fire Chief and/or building official.. :
13. The applicant shall provide a lighting plan with all locations of lights and types of
fixtures. The plan shall be subject to the review and approval of City Staff
14. All signage plans shall be subject to the review and approval of city staff,
I, Reference Attachment:
All plans, special provisions, proposals, specifications and contracts for the improvements furnished
and let pursuant to the Developer's Agreement shall be and hereby are made a part of this Agreement
by reference as fully as if set out herein in full. Specifically the Planning Reports and Engineering
report of May 27, 2003, are specifically incorporated by reference herein and included herein as if
originally made part of this agreement.
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
By
CITY a �{��I
Davi
Eric Johnson
City A tratar
W.A.T.E. Enterprises, Inc
EXHTBIT "B"
REFERENCE ATTACHMENTS
NORTt 'EST ASSOCIATED .tt ISULTANTS, INC.
6775 Wayzata Boulevard, Sate 555, St. Louis Park, MN 65418
.Telephone: . 952.596..9836 Faosirniie: 052,596.9€37 plarmersgnaoplanningicom
PLANNING REPORT
TO: Judy Hoist
FROM: Mike Darrow / Scott Richards
DATE: April 4, 2003
RE: Oak Park Heights - W.AJ.E PUD Concept and General Plan of
Development Amendment, Site Plan Review - 5670 Memorial Avenue •
North
FILE: 798.02 - 03.04
BACKGROUND
Enterprises, Inc.. has submitted an application for a Concept and General P16n
of Development Amendment and site plan review. . The property is located ,west of
Memorial Avenue and is zoned B-3, Hig-hway Business and Warehousing District. .The
total site is approximately 1.91 acres. This development is patof a larger development
area that includes
over 10.2 acres south and east of the proposed development. This
area w?s annexed to the City in 1998.
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W.A.T.E. Enterprises, Inc. owns six buildings and H.S.I., Inc. owns one building in the
W.A.T.E. Addition of the Kern Center. The proposed plan is located at 5670 Memorial
Avenue North and is legally described as Lot 1, Block 1 W.A.T.E Addition. The
applicant is submitting plans to build a cold storage building on the existing lot.
The additon of a storage area within the site will be a significant departure from the
previous concept approval, and therefore a Concept and General Plan for Development
Amendment is being sought. The total square footage for the cold storage will be 4,572
square feet.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Applicant's Letter
Engineer's Letter
Title Sheet
Existing Conditions
vim
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
ISSUES ANALYSIS
Grading and Erosion Plan
Layout and Circulation Plan
Planting Plan
City Arborist's Comments
Comprehensive Plan. The Comprehensive Plan designates this area as highway
business /warehouse. The proposal is consistent with the land use designation.
Zoning. The property is zoned B-3, Highway Business and Warehousing District. The
existing lot meets the lot performance standards of the B-3 District in terms of width and
area requirements.
subdivision. This lot has been previously platted as Lot 1, Block 1, W.A ■T, E. Addition.
impervious surface. Section 401.300 G of the Zoning Ordinance states that lots within
the B -3 District must provide a total of 20 percent of the net buildable area of the parcel
as green space. The applicant must identify the total area, total impervious surface
coverage, and net .percent of buildable area to determine if the 20 percent green space
requirement is met.
C ouiation. The a licant states that the purpose �r pp ose of.the storage area.will be to .. p p
store grass cutting equipment, fertilizing equipment, snow plowing equipment, and
related .supplies. The proposed addition of the. storage facilities does not appear to
have.an:overall.impact to the circulation .within the total area. ; N ..H :. • .. ,
The applicant should identify the location of snow storage within the site plan. The
location could impact access, circulation, and /or the wetland areas which abut the site.
Off-Street Parking and Loading. Off - street parking and loading is regulated under
Section 401.15F of Zoning Code, This requires, among other items, that the entire
perimeter of the lot include concrete curb barriers that must be setback 10 feet from any
lot line. The applicant meets this requirement.
No additional parking is proposed for this site. The addition of 4,572 square feet of
storage space will result in the need for three additional parking spaces. According to
the PUD (planning reports dated May 4, 2000 and June 28, 2002), there are currently
260 parking stalls required. The number of stalls was calculated based on each lot and
the anticipated building use. Currently 284 parking stalls exist. The three additional
stalls will not impact the overall required parking.
Landscaping Plan. The proposed addition of cold storage within the site will result in
the removal of 20 mature oak, maple, and elm trees with an average diameter of 17
inches. The applicant is proposing to plant 28 trees and shrubs northwest of the
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proposed storage site. The applicant will be responsible for all fees associated with
tree replacement. The tree replacement fee wilt be set by the City Arborist. The
landscape plan is subject to the review and approval of the City Arborist.
Signage. The applicant has not indicated the use of additional signs as part of the sign
plan. If signs are proposed they will be subject to review under Section 401.300.N of
City Code.
Trash. According to Zoning Code Section 401.300.x, trash receptacles must be fully
screened and be consistent with the design of the principle building. The exterior finish
of the trash enclosures will be painted concrete block and is consistent with the existing
building to the east. The applicant is also proposing to have wood gates as part of the
trash enclosure.
Lighting. The applicant will be required to identify the location of the light fixtures on the
site plan. A photometric plan must be submitted prior and is subject to the review and
approval of City staff.
Easements. A drainage and utility easement runs northwest to southwest parallel to
the property. With the approval of the site plan, it should be acknowledged that
preparation, improvements, and/or restoration of areas within easement areas will occur
at the expense of the property owner.
Grading and Drainage. A general grading and drainage plan has been submitted and
is subject to the approval of the City Engineer. A signed permit from the Brown's Creek
Watershed District (BCWD) will also be,required. . .
Wetland Mitigation. The proposed improvements include constructing a retaining wall
up to the wetland boundary as identified on the plans. The applicant submitted wetland
delineation information to the City on April 2, 2003. Currently, the City Engineer is
reviewing the plan to determine appropriate buffer areas and setbacks. If .additional
buffer areas are required as part of the review, this wilt significantly impact the overall
pans submitted by the applicant and revised plans will need to be submitted to the City.
Utilities. A utility plan has been submitted for the review and approval of the City
Engineer. The Fire Chief should comment on the location of the fire hydrant. Currently,
the nearest hydrant is roughly 300 feet from the proposed building. Additional hydrants
may be required.
Design Guidelines. Building plans have been submitted for the storage building. The
main body of the storage area will be insulated precast concrete with racked finish to
match the existing building. The four overhead doors will be metal. The combination of
materials is consistent with the Design Guidelines and the building will be identical to
the other structures in the W.A.T.E. development.
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Development Agreement Amendment. An amended development agreement will be
required between the City and developer subject to review and approval of the City
Attorney.
CONCLUSION AND RECOMMENDATION
In order to proceed with Concept and General Plan Development Amendment and Site
Plan approval, our office recommends that additional information be submitted to the
pp
City p rior to moving forward with the applications. 'Below are additional issues that
should be addressed. They include:
applicant shall submit a revised plan indicating . The app p g the percentage of buildable
area and green space pursuant to Section 401.300.G of the Zoning Code.
2. Th e a the location of snow storage within the site plan.
applicant shall identify
3. The applicant shall pay a tree replacement fee set by the City Arborist.
4. The landscaping plan shall be subject to the review and approval of the City
Arborist. .
5. The drainage.and grading plan Oa be .subject to the review and approval of the
City Engineer.,
a d delineation information will be subject The wet/ ect to the review of the City n J
Engineer. If additional setbacks and /or. buffer, areas are required, .the 'applicant .
shall submit revised plans.
7. The applicant shall submit to the City a signed permit from the Brown's Creek
Watershed District.
8. The utility plan shall be subject to the review and approval of the City Engineer.
9, The location and /or addition of fire hydrants shall be subject to the review and
approval of the Fire Chief and/or building official.
10, A Development Agreement shall be subject to the review and approval of the City
Attorney.
1°l, Additional requests for information by City officials or City staff.
4
r W.A.T.E. Enrprises • inc.
11255 50` STREET NO * LAKE ELMO, MN 55042 * 651 -439 -7973
March 7, 2003
Community .Development D ep ar tent
City of oak Pam Heights ,
14168 oak Park Blvd. North
P.O. Box 2007
Oak Park Heights, i'vrt\T 55082
Attention: Community Development Director
Reference: New 36' x 116' Cold Storage Building
W.ATE Enterprises, rnc. owns six buildings' and owns one building in the
W.A.T.E. Addition of the Kern Center. W.A.T.E. Enterprises, Inc. has an option to build
one more bui.dfng on Lot 4, which would, make a total of eight buildings, including
I.S,L's bu ..din. •
g•
. laus to build a 36' x 116' storage bui ,ding behind our
At t�.s t�.e we are submitting p g
existin g , g " 'building at 5670 Memorial Avenue North. The storage building would be
constructed of the same building materials to match the existing .building. Once
completed, all maintenance materials and equipment would be stored amide.. Tiai.s
includes storage of the following: grass cutting equipment, fertilizing equipment, snow
p
Ion. g equipment, s anding equipment, t, save eping equipment, ent, p ark ng lot striping
�.
machine, lifts, ladders, electric supplies, heating supplies, p . rnbing supplies, windows,
doors, hardware, arage doors and. openers, carpet, tile, ceiling tiles and grid, salt, sand,
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carpet cleaning equipment, and nauch more.
Por ..our reference, I: am enclosing a list of contacts and i nformatiop. for the different •
y
areas that will be involved in the construction of the storage building.
As we have proven in the past, we will do everything possible to ensure that the job gets
done right.
EXHIBIT A
E3onestrc
Rosen
Anderlik•&
Associates
Engineers &Architects
March 27, 2003
Ms. Judy Hoist
Acting City Administrator
City of Oak Park Heights
14168 oak Park Blvd., PA O. Box 2007
Oak Park Heights, 4" 55082 -2007
Dear Judy:
8onestroo, Rosene, Anderlik and Associates. inc. Is a►
and Employee Owned
Principals: Otto G. Bonestroo. P.E. • Marvin I.. Sorv .E. • Glenn R. Cook. P.E. • Robert G. Schunicht, P.E.
Jerry A, Bourdon. P.E. • Mark A. Hanson, RE.
Senior Consultants: Robert W. Rosene P.E. • Joseph C. Anderiik. P.E. • Richard E. Turner. P.E. • Susan M, Eberiin, C.P.A.
Associate Principals: Keith A. Gordon, P.E. • Robert R. Pfefferie. P.E. • Richard W. Poster, P.E. • David 0. Loskata —RE. •
Michael T Rautmann, RE. • Ted K. Field. P.E. • Kenneth P. Anderson. RE • Mark R. Rolfs, P.E. • David A. Sonestroo, M,S.A.
Sidney p Williamson, P.E,. L.S. • Agnes M, Ring. M.H.A. • Allan Rick Schmidt. RE • Thomas W. Peterson, P.E. •
James R. Maland, P.E. • Mies 8. Jensen. RE. • L Phillip Gravel H. P.E. • Daniel J. Edgerton. P.E. • Ismael Martinez. P.E •
Thomas A. Syfko, P.E. • 5heldon .L Johnson • Dale A. Grove. PE, • Thomas A. Roushar. RE • Robert J. Devery, P.E.
Offices: SL Paul. St. Cloud. Rochester and Willmar. MN • Milwaukee, WI • Chicago, IL
Website: www.bonestroo.com .
R •W.A.T.E Enterprises, Inc, — Storage Building ,
5670 Memorial Avenue North
Concept Development Plan. Review
our File No. 55- 03-000
• Jrmative Actiau°i /Equal Oppor# unity Employer
, p v
. ♦
• for the gii E . havre` ie ved. the l�a es concept ' vglopnie Plari, � '.A.° '. °
• • �' ;: 6' 0 M &rnoridl = A.irenu.o North s z nu tied ' b 'ol ; Fi,eerna i,
proposed storage • btiu ld�n� �t . 5 7
.Erickson, Inc. for Wa Zintl, Inc, and have the following commentsfrecommendations:
The proposed improvements include constructing a retaining wail for the driving area up to
1■ �"h p p P
the Wetland Boundary as shown on these plans. As the City of Oak Park Heights' Wetland
Conservation Act agent, we recommend a wetland delineation be prepared to accurately
define the existing wetland boundary and submitted for our review. Wetland boundaries
typically extend beyon.d the normal water level of a wetland.
Although the City does not have a formal Wetland Ordinance in place deeming required
buffers andlor setbacks, we have been requiring these elements as part of PUDs or
amendments to PUDs. ■ The Brown's Creek Watershed District's (BCWD) engineer,
Emmons & Olivier Resources, Inc. (BOA'. ), has indicated that since this "is not ca D.NR
protected wetland " th e BCWD buffer requirement rules do not apply. However, once a
wetland delineation is submitted and reviewed, we will recommend minimum buffer andlor
setback requirements to the City.
3. The latest plan submittal has been revised as of 3/24/03 and has removed the proposed. storm
water retention P
and and replaced it with a smaller settling basin. We require drainage
p
calculations for our review.
their' engineer EOR. reviewed the on g xn.al cans z January ,of tis ye, ar, •
The BCWD • and h �. . � s •. . , g P ..
'nce a si ifi ant''revision of removing the stain water retention pond has been made. sirfcb
that time, we recommend revised plans be submitted to the BCWD for. review and
permitting.
2335 West Highway 36 St. Paul, MN 55113 651 -636 -4600 g Fax: 651 - 636 -1311
EXHIBIT 1
5. We offer the following comments on the previous reviews of EOM. dated 1115/03 and the
BCWD dated 1/21/03:
• is 100- year Water Level
��Ji�. 1s ut�ng a 1 y (HWL) of 927.7 for the existing
wetland. We have p reviously modeled this entire drainage area and are using a 100-
year HWL of 929.2. The applicant has revised his drawings to reflect the 929.2 level,
and we suggest BCWD review the numb.er they are using. A 1996 Washington
Coun ty � � p map o a hical showed the Water level of the pond to be 9283, which is a
I'
good indication of the Norval Wafer Level ) of the wetland. It appears that is
the approximate NWL of the pond today, also.
• , BCWD Permit was issued on 1/15/03 with six conditions and one special condition
that references five more recommendations from EOR's 11.15103 memo. The
th
a pp licant indicated in his 3/7/03 letter to the City that he has BCWD approval.. It is
m y understanding � understandin ' from correspondence between Jay Johnson and Karen Kill,
Washington Conservation District and BCWD Administrator, that neither party hag
signed the it as of yet. Additionally, as indicated above, revisions to the plans
� permit y
should require a new review and permit issuance by the BCWD.
6. The nearest existing fire hydrant on this site is approximately 350' from the proposed
building. p
• . 'The fire department should review these plans to verify if additional fire protection
is required (we typically require hydrants with a 250' radius of buildings).
If, you h ave 9flY uestir . require additional information, please contact me at (651) 604-4815.
questions o
Sincerely,
BONESTROO, ROSENB, ANDERLIK & ASSOCIATES INC
Tennis M. Postier, P.E.
c c: Jay Johnson, Public Works Director
Jim Butler, Building Official
Scott Richards, City planner (Northwest Associated Consultants, Inc.)
g� City Mark 'ierlin ckberg, Lammers, Briggs, Wolff c Vierling, P.L.L.P.)
� Attorne y �
Dom', DDH, File - Bonestroo
K 55\OldiW.A.T.E. Enterprises - S67O_Starage Bldg. revicww3- 17- 43.doc
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From kdwidin attbi.com
Sent: Monday, March 24, 2003 4 :54 PM
To: • Jim Butler; Judy Hoist; Jay Johnson; Scott Richards; Mark Vierling
Subject: Zintl 5670 Memorial Ave. Tree Removal and Land. Plan
1,t ' T -- -'`r
OPH Staff .
o osed storage have reviewed the plans for the pr a building at 5670 Memorial Ave: and have the p g
following comments regarding these plans.
project is built as proposed, it will cause the removal of 88% of the existing significant
� s if this pr � P P
trees magnificent bu r oaks (42 s still on the site. The trees to be removed include sever al
inches an d 33 inches in diameter ) which are some of the largest bur oak 1 have seen in Oak
Par ' . The trees on site rovicle a buffer between the developed area of the site and
k N e �g h ts �
the adjacent pond as well as,a visual buffer to residential sites across the pond, •
p '
2. If the project is built as proposed, the required amount of tree replacement will be 386
replacement diameter inches or cash in lieu of planting ($1 9,300.)
P be protected at this•time. Tree protection fencing should be
3. A 45 inch oak is designated to b p yg � '
erected before any grading begins and should be placed at the dripline of the tree, if. possible,
,
but no closer than 15 feet to the trunk. The protective fencing should consist of 5 ft, orange
snow fencin g on steel posts set at 0 -3 ft intervals, Silt fencing is not considered protective
fencing.
4. The landscape plan is acceptable as to species and plant sizes. .
Given the amount of tree removal and the removal of the buffer between the developed area and
the p and 1 recommend planting additional trees in the south portion of the site.
Kathy Widin
Municipal Arborist
City of Oak Park Heights .
CITY OF OAK PARK HEIGHTS
WASEffNGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this aay of June 2003, by and between the
�
City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the
"City"), and WATE Enterprises, Inc., (the "Developer ").
WITNESSETII; That:
WHEREAS the Developer has made application to the City Council for approval of a
ro osed concept and general plan of development of lands as part of a planned unit development
p p p g
within the corporate limits of the City, proposing the construction of a cold storage building located
on land described as follows: (5670 Memorial Ave)
Lot 1, BLOCK 1, WATE ADDITION
(the "Subdivision "); and,
AREAS, the City Council has on April 22, 2003, granted concept and general approval
to the development, on the condition that the Developer enter into this Agreement stipulating the
conditions for the installation improvements hereinafter described, all in accordance with the terms
and conditions hereinafter set forth.
NOW, T1TEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at expense by the
� ti i ll t Developer's
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements,
ft
p
1, PLAN A EVEPROVEENT. The Developer will construct at Developer's
expense
the follovwing improvements rovements under Plan A according to the following terms and
conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways including sodding of
g p .
boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan
with maximum two foot contours, pad elevations, drainage provisions, erosion control
provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to
commencement of an y site grading. Any changes to the grading plan during construction shall be
submitted to the Ci ty approval. a roval. Each building site must conform to the grading plan approved
� Inspector the Buildin fns ector of the City of Oak Park Heights prior to a building permit being issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the subdivision, in order to create the best
potential for preventing soil erosion. The Developer shall submit an erosion
control plan, detailing all erosion control measures to be implemented
during construction, said plan shall be approved by the City prior to the
commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as required
by the City Engineer shall be installed prior to development and as necessary
to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as construction
progresses. The smallest practical area of land shall be exposed at any one
period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be restored to a
depth of at least four (4) inches and shall be of a quality at least equal to the
soil quality prior to development.
5. The Developer shall not locate its equipment within the right-of-way
of Memorial Ave. as acquired by the City of Oak Park Heights adjacent to
this development, without the express written consent of the City Engineer.
C. The Developer shall place iron monuments at all lot and block comers and at
all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn
grading has been completed in order to preserve the lot markers.
D. The Developer shall be responsible for maintaining the location of, and
protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be
repaired or replaced as specified by the City. The Developer shall make all necessary adjustments
to the curb stops to bring them flush with the topsoil (after grading) or driveway surface.
E. The Developer shall be required to provide landscaping and screening as
determined b y the City and as required by the ordinances of the City and in conformance with the
landscaping plans annexed hereto as Exhibit A.
2
F. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets shall be maintained
free of debris and soil until the subdivision is completed. Warning signs shall be placed when
hazards develop in streets to prevent the public from traveling on same and directing attention to
detours. The Developer shall be responsible for the removal of snow from all gravel streets. The
repair of any damage done to the streets or public utilities shall be the financial responsibility of the
Developer.
G. The Developer shall furnish site lighting in accordance with the plan
annexed hereto as Exhibit B.
UIREMENTS
H. The Developer shall dedicate and survey all drainage and storm water
holding ponds as required by the City and the same shall be shown on the drainage plan-- Exhibit C.
The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as
required, by the City prior to completion of the development, which shall be determined by the City
Engineer.
I. The City of Oak Park Heights is requiring Developer to convey easements
to, or dedicate storm water drainage areas and holding ponds to serve Developer's project. Such
areas are incorporated within the drainage easements conveyed or dedicated to the City upon
execution of this Development Agreement.
J. The Developer shall be responsible for securing all necessary approvals, and
permits from all appropriate watershed, federal, state, regional and local jurisdictions, prior to the
conlrnencement of site grading or construction and prior to the City awarding construction contracts
for public utilities. The Developer shall secure the appropriate Brown's Creek Watershed District
permits as required for this project.
K. Wetland Designation. All areas classified as wetlands shall be displayed
upon the plat and/or conveyed by easement, and those so specified by the City Engineer shall be
dedicated to the public for that purpose.
L. Tree Protection and Clearing. The Developer must have the City Arborist or
a person under her designation providing on -site supervision and direction during the clearing
process. Prior to the clearing operation being initiated, all clearing limits and trees to be protected
shall be clearly marked. Tree protection fencing shall be installed and maintained until after grading
is complete. All fencing shall be installed at least 20 feet distant from the trunks of large shade trees
(deciduous) and around coniferous trees no closer than the drip line. Silt fencing may not be used as
a substitute for tree protection fencing. Fencing shall be orange in color with steel posts at 6-8 foot
intervals. The City Arborist shall be contacted by Developer for an inspection after the fencing is
installed. All tree replacement fees due the City pursuant to the City Tree Protection ordinance
following shall be paid within 10 days following the Arborist's certification of amounts due.
3
2. DESCRIPTION OF PLAN A IMPROVEMENTS. ESTIMATED COST
1. Boulevard and swale sod
2. Landscaping
3. Street signs
4. Street lights
5. Grading
6. Erosion Control/silt fencinglriprap
7. Pond Protection & Restoration
8. Utility Protection & Repair
9. Street Protection & Repair
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENOWEERING, LEGAL AND
ADMINISTRATIVE (20 %):
TOTAL ESTEVIATED CONSTRUCTION COST
OF PLAN A IC PROVEMENTS
SECURITY REQUIREMENT (25 %)
TOTAL PLAN A ESCROW
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
4
$ n/a
$ 2,775.00
$ n/a
$ n/a
$ n/a
$ 7,800.00
$ 2,400.00
$ nla
$ 800.00
$13
$ 2.755.00
$1§,539AQ
$ 4,132.00
$20 662.00
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency having jurisdiction.
C. Easements. The Developers shall dedicate to the City, prior to approval of
the final PUD, at no cost to the City, all permanent or temporary easements necessary for the
construction and installation of the Plan A Improvements as determined by the City. All such
easements required by the City shall be in writing, and in recordable form, containing such terms
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and conditions as the City shall determine. If within the platted area, all such easements shall be
dedicated to the Ci ty specifically s ecifically described within the Plat. As it affects all easements located
outside the p latted area, the same shall be dedicated by separate easement conveyed to the City of
Oak Park Heights prior to the execution of the Development Agreement. Absent such dedication,
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all utilities shall utilize existing placements.
D.
Faithful Performance of Construction Contracts. The Developer will fully
and faithfull y comply 1 with all terms and conditions of any and all contracts entered into by the
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Developer for the installation and construction of all Plan A Improvements, and hereby guarantees
the workmanship and materials for a period of one year following the City's final acceptance of the
Plan A Improvements. Concurrently with the execution hereof by the Developer, the Developer
will fu nish to, and at all times hereinafter maintain with the City, a cash deposit, certified check, or
an Irrevocable Letter of Credit, based on one hundred and twenty-five percent (125 %) of the total
estimated cost of Plan A Improvements, as indicated in Section 2. An Irrevocable Letter of Credit
shall be for the exclusive use and benefit of the City of Oak Park Heights, and shall state thereon
that the same is issued to guarantee and assure performance by the Developer of all the terms and
conditions of this Development Agreement and construction of all required improvements, in
accordance with the ordinances and specifications of the City. The City reserves the right to draw,
in whole or in art, on any portion of the Irrevocable Letter of Credit for the purpose of
P
guaranteeing the terms and conditions of this Agreement. The Irrevocable Letter of Credit shall be
renewed or replaced not later than thirty (30) days prior to its expiration.
B. Reduction of Escrow Guarantee. The Developer shall request reduction of
the Letter of Credit or cash deposit based on prepayment or the value of the completed
improvements at the time of the requested reduction. The amount of reduction will be determined
i
b y the City and such recommendation will be submitted to the City Council for action. Pollown g
any P�
payment for a Plan A improvement which is within the Engineer's estimate, the City shall
consider and allow a reduction of the Letter of Credit up to the rate of $1.25 for every dollar that
has been p aid out of the escrow/Letter of Credit, provided that the project is on schedule, the
Developer is not in default under the terms of the Development Agreement and/or no extraordinary
expenses beyond the engineering estimate have been incurred during the course of the project.
4. ADMINISTRATE FEES. The Developer shall provide cash payment to the
City of Heights Park is in the amount of � to reimburse the Ci ty of Oak Park Heights
gh
for vious expenses relating to this development. Existing bills are as of Rune 6, 2003 for all
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services engineering except eering (engineering is billed through 4/30/03). Bills for services rendered after
� ,
those dates for services shall be billed monthly. Existing project escrow accounts shall be held by
the City of Oak Park Heights until completion of the Plan A improvements as certified to by the
City Engineer, thereafter any remaining funds shall be refunded to the Developer.
5
5. GENERAL
A. Binding Effect. The terms and provisions hereof shall be binding upon and
inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and
shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed
covenants running with the land. References herein to Developer, if there be more than one, shall
mean each and all of them. The Agreement, at the option of the City, shall be placed on record so
as to give notice hereof to subsequent purchasers, and encumbrances on all or any part of the
Subdivision and all recording fees, if any, shall be paid by the Developer.
B. Incorporation of Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements finished and let pursuant to this Agreement
shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in
full. Specifically the following Planning Reports and Engineering files and final documentation
approved by the City Planner and the City Engineer, are specifically incorporated by reference
herein and included herein as if originally made part of this agreement.
C. The City of oak Park Heights shall file the Developer's Agreement of record
in the office of the County Recorder. Providing that the Developer is not in default under the terms
of the Development Agreement, the City shall provide appropriate releases to the financial aspects
of same and documentation to individual buyers of lots.
D. As to any and all administrative, legal or engineering costs which the
Developer is expected to pay to the City of Oak Park Heights, which costs are to be offset against
the cash escrows or Letters of Credit, which the Developer has filed and provided to the City of
Oak Park Heights, the Developer shall be given the opportunity to review and comment on such
costs prior to the application by the City of Oak Park Heights to the escrow for the payment of
same. Should the Developer dispute the reasonableness of any of the City's charges, Developer
shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive
expense. Arbitration shall be conducted by the American Arbitration Association and shall be
initiated and paid for by Developer.
B. Establishment of Construction Schedules. The Developer shall establish
construction schedules for Plan A improvements and shall consult with City Engineer prior to
establishing same.
F. Zoning. Lot 1, Block 1, WATE Addition, has been designated a zoning
classification of B-3 by the City Council. All future use and development shall comply with the
applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating
thereto.
G. Street Grades. The grades of all internal streets shall not exceed 8% and the
minimum grade shall not be less than
H. Handicapped Parking. Location of disability/ handicapped stalls shall be
made more efficient with regard to serving all of the areas of the proposed facilities.
6
I, Landscaping. Landscaping plan is to be developed and submitted and
annexed
hereto as Exhibit A and incorporated herein by reference. In addition thereto, the
Developer shall follow the recommendations made by Arborist affecting tree species selection and
planting and tree removal, if any,
J. Trash Receptacles are to be located as depicted on plans to be approved by
the office of the Director of Community Development, City of Oak park Heights.
K. Lighting. Developers have submitted a lighting plan to the City, which has
be en approved not to direct light and is attached hereto as Exhibit B. All lighting shall be hooded and controlled so
as fight-of-way t source to adjacent lands and not to be visible from the public or
from adjacent properties in compliance with Section 401.15B.7 of the Zoning Ordinance.
� p p
L. Signage. A master signage plan shall be developed by the Developers and
s
ubxnitted to the office of the City Planner for approval. All signage shall be conformed to the
master signage plan lan so approved by the City Director of Community Development.
M. Any changes to the submitted landscape plan resulting from changes to the
Y
storm ponding water ondin areas shall be subject to review and approval of the City Council.
N. The developer shall create a common ownership community within the
property, and all documents relative thereto shall be submitted to and be subject to the approval of
the City Attorney.
O. The P erimeter of the area parking lots shall include a concrete curb barrier.
P. The developer shall submit and have approved by city staff phasing plan for
er development on the site. Additionally, expansion of building site to the south of the subject
forth p
area shall not proceed until an amendment to the PUD permit has been applied for and granted by
the City.
Q. Overhead doors on all buildings shall match the color of the structure.
R. The terns and provisions of Resolution No.03-05-28 of the City of Oak
Park Heights relative to this P roject shall be complied with by Developer as part of this agreement;
the same specifying as follows.
1. The Developer shall identify the square footage of office space and
warehouse space, which will determine the required parking spaces needed
on the site.
2. The access and circulation plan is subject to the approval of the City
Engineer and Fire Chief.
7
3. The Developer shall identify the location of snow storage within the
site plan, subject to the review and approval of the City Engineer.
4. The site plan shall be modified to meet a 20 percent green space
requirement.
5. All curb barriers shall be set back at least 10 feet from lot lines.
6. The landscaping plan shall be subject to the review and approval of
the City Arborist.
7. The Developer shall pay a tree replacement fee as determined by the
City Arborist (the Arborist has determined the fee to be $10,070.00).
8. The drainage and grading plan is subject to the review and approval
of the City Engineer.
9. The wetland delineation plan shall be subject to the review of the
City Engineer.
10. The applicant shall secure permits as necessary from the Brown's
Creek Watershed District.
11. The utility plan for the site shall be subject to the review and
approval of the City Engineer.
12. The locations of fire hydrants and sprinkler systems in both buildings
shall be subject to the review and approval of the Fire Chief and/or building
official.
13. The applicant shall provide a lighting plan with all locations of lights
and types of fixtures. The plan shall be subject to the review and approval of
City Staff.
14. All signage plans shall be subject to the review and approval of city
staff.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
In the presence of:
In the presence of:
David Be
Mayor
' ATE Enterprises, Inc
By
9
Its
STATE OF MINNESOTA }
ss.
COUNTY OF WASU NGTON)
On this (1;k\ day of 2003, before me a Notary Public, within and for
said County personally appeared avid Beaudet and Eric Johnson, to me personally known, being
each by me duly sworn did say that they are respectively the Mayor and the Administrator of the
City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that
the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council and
said Mayor and Administrator acknowledged said instrument to be the free act and deed of said
municipal corporation.
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON
corporation.
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
Vierling, P,L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439 -2878
THIS INSTRUMENT WAS DRAFTED BY:
1 O
Notary Public
JULIE A. HULTMAN
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2005
On this t ff-) O day of ° i , 2003, before me a Notary Public, within and for
said County personally appeared J � ' an d
to me personally known, being each by me d y sworn did say that they are respectively the
i . i `i'- • and of WATE Enterprises Inc., the corporation
named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal
of said corporation, and that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its Board of Directors and said j.cLi.= and
acknowledged said instrument to be the free act and deed of said municipal
Notary Public
JULIE A. HULTMAN
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan. 31, 2005
2
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