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HomeMy WebLinkAbout2002-03-07 NAC Planning ReportNCLOStik 4 NORTHWEST ASSOCIATED CONSULTANTS, N* PLANNING REPORT 5775 Wayzata Boulevard, Suite 655, St. Louis Park, MN 5541 Telephone: 962.595.9636 Facsimile: 952595.9837 planners@nacplanning.com TO: Kimberly Kamper FROM: Cynthia Putz -Yang 1 Scott Richards DATE: March 7, 2002 RE: Oak Park Heights Montanari Office Building: Planned Unit Development, Conditional Use Permit, Preliminary /Final Plat and Site Plan Review FILE NO: 798.02 -01.17 BACKGROUND Montanari Homes has requested a planned unit development, conditional use permit p p (PUD /CUP), preliminary /final plat and site plan /design guideline review for an office building at 13481 North 80 Street. The proposed building site is located on the south frontage road of Highway 36, between the Eagles Club and McCormicks Furniture. The ro ert is currently p p y y developed with an office building and numerous storage buildings. This application was previously reviewed in December, 2001, and was tabled by the Planning g Commission until additional information was submitted. Revised site and building p lans have been submitted that address some of the issues that were raised in December, and these plans are reviewed in this report. Zoning for the property is Central Business District and was included in the area of the Central Business District Urban Design Study. As a result, the recently adopted Central Business District Design Guidelines apply to the proposed development. In addition to the PUD approval and site plan review, the applicant has requested a pp q preliminary /final plat approval to allow the building to be sold as a condominium with commonly owned open space and approval of a conditional use permit to allow flexibility rom the City's y y off - street parking supply requirements and a joint parking allowance. Attached for reference: Exhibit A: Site Plan and Grading Plan Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit 1: ISSUES ANALYSIS Preliminary Photometric and Landscape Plan Building Elevations Building Floor Plans Unit Floor Plans Monument Sign Light Fixture Details City Arborist's Recommendations Declaration of Cross Easements Comprehensive Plano The subject property is designated as CBD, Central Business District by the Oak Park Heights Comprehensive Plan. The purpose of the CBD designation is to provide a focal point for the community in terms of retail, service, and entertainment businesses, as well as residential opportunities. As such, the proposed office commercial use is consistent with the Comprehensive Plan. Zoning. Within the CBD Zoning District, businesses or professional offices are listed as permitted uses. The approval process requires a planned unit development in that the site will be converted to condominiums. Individual property owners will own a particular portion of the building and the site where it is located. The lot surrounding the building that will include parking areas and the landscaping will be owned in common. An association will be established to maintain the exterior of the building and the surrounding property. In addition, a preliminary /final plat approval is required to subdivide the property. A conditional use permit is required to allow the flexibility from the City's off - street parking supply requirements and for a joint parking allowance. Subdivision. A preliminary plat has not been submitted for the proposed subdivision. Prior to any Planning Commission action on a subdivision or project approvals, a preliminary plat must be submitted for consideration by staff and submittal for review and recommendation. PROJECT PROPOSAL The project site is a total of 31,156 square feet. Building coverage is 9,586 square feet or 30.76 percent of the lot. The total building area, which does not include the lower level, is almost 20,000 square feet. The building is proposed with two above ground stories. The lower level of each unit is for storage and cannot be leasable as office space. Central Business District Guidelines. In October of 1999, the City adopted a master plan for the Central Business District in an effort to create a pedestrian friendly, mixed use district. In order to guide implementation of the goals and policies of the plan, specific design guidelines for the CBD were developed. The proposed development wilt therefore be reviewed in regard to its consistency with such guidelines as referenced below: 2 Precinct Designation. The design guidelines establish four precincts within the CBD; the Medium -Box Mixed Use Precinct, the Small Box Mixed Use Precinct, the Residential Precinct, and the Public Green Precinct. The subject property lies within the Medium Box Precinct that is intended to provide transitional changes between the big box development and the small box development within the center area of the CBD. Development Context, Character, and Materials. The design guidelines state that buildings within the Medium Box Precinct should relate to the character of small box development via building scale and height, building material colors, horizontal lines, and architectural styles and details and should form gateways to other precincts. The design guidelines also state that buildings should be constructed of authentic materials such as wood, brick, stone, cast stone, stucco or pour in place concrete. Accent materials may include metal, glass, block, copper flashing or similar materials. The proposed structure is to be finished primarily with fiber cement lap siding. The base of the proposed building is composed of brick, and brick is used for vertical elements that break up the mass of the building. The brick base of the building is capped with pre -cast stone, and the windows are accented with trim boards. Dormers on the west and east elevations are sided with pre - finished metal panels. The proposed fiber cement lap siding, brick, pre -cast stone, and metal panels are considered appropriate for the Central Business District. The design guidelines further state that buildings should employ earth tones or neutral colors and that light and bright colors should be used as minor accents. The applicants have not identified colors or provided building samples. A materials board and colored elevations will be required for Planning Commission and City Council review on this matter. Building Setbacks. There are no minimum setback requirements imposed in the CBD District. The design guidelines, however, state that limited setbacks (10 to 15 feet) will be permitted along 60 Street. A 35 -foot utility easement exists along the bo Street right -of -way, and the proposed building is set back far enough to avoid encroaching into the easement area. The south and west facades of the building are placed approximately five feet from the property lines. Although acceptable by design guidelines and Zoning Ordinance standards, the Building Code requires window openings that are less than 10 feet from property lines to be fire protected. The applicant will need to address the facade window openings with fire suppression devices acceptable to the Fire Marshal and Building Official. Building Width. According to the design guidelines, buildings in the Medium Box Precinct should exhibit facades that do not have long and flat continuous plans. The building elevations illustrate that changes in roofline elevation, brick vertical elements, dormers, window detailing, and other features break up the mass of the building. Building Height. The CBD Zoning District establishes a maximum building height of 35 feet. The design guidelines state only that building height should vary between two and three stories. The proposed building is 28 feet at its highest point and has two stories above ground. 3 yyalkways. According to the design guidelines, sidewalks within Medium Box Precincts should be at least eight feet wide along building frontage. The site plan illustrates a four -foot sidewalk along the front of the building. In that the sidewalk will serve building access only and does not serve as a public sidewalk, the width is adequate. The sidewalk is shown extending to the north property line. Plans should be revised to show the south curb line of 60th Street North, the existing trail along 60 Street North and the proposed sidewalk connecting to the trait. Lighting. The design guidelines for the Central Business District state that lighting should be designed to reduce glare and be in scale with the surrounding buildings, and that pedestrian scale lighting, not more than 14 feet high, should be located on walkways, trailways and adjacent to store entrances. Five traditionally shaped square light fixtures with finials are proposed along the front of the building. These lights should be 14 feet in height. Decorative architectural style fixtures that are not full cut -off can be approved by the City Council in the Central Business District. For parking lot lighting, fixtures must be in scale with their surroundings with cutoff fixtures located below the mature height of trees in parking lot islands. Four full cut -off light fixtures are proposed along the east property line. These lights should also be 14 feet in height. The ordinance specifies that no Tight source which casts light on a public street shall exceed one foot candle meter reading at the centerline of the street nor cast light on adjacent property at more than 0.4 foot candles as measured at the property line. This Tight level is not exceeded except along the property line with the Eagles Club where lighting is shared. Landscaping. The design guidelines strongly encourage site landscaping to enhance storefront entries and blank walls. Landscaping is further encouraged to screen dumpsters and off - street parking areas. The applicants have submitted a revised landscape plan dated February 21, 2002. The plan must be further revised to comply with the City Arborist's comments found in a memo dated March 1, 2002, attached in Exhibit H. Access. The site plan shows a separate entrance for the site and the Eagles. An access permit from MnDOT is required. Parking Lot Dimensions /Site Circulation. Section 401 .15. F.4. h.1 of the Zoning Ordinance requires parking stalls that are at least 9 feet wide and 20 feet in length. A reduction of two feet in length may be allowed for stalls that allow overhang according to the note at the bottom of the table on page 15 -34 of the Zoning Ordinance. The proposed parking stalls are 18 feet long and do allow overhang. The Planning Commission should give direction regarding the acceptability of these dimensions. A turnaround area at the south end of the parking lot has been provided to aid in access on the site. Off-Street Parking Supply. The applicants have requested a conditional use permit to allow a reduction from the off- street parking supply requirements of the ordinance. This is considered with the CBD Urban Design Study that emphasizes more on- street parking and 4 Use Ordinance Requirement Required Spaces Office 19,172 x .9 = 17,255 3 spaces plus 1 per 200 square feet 90 cross utilization of parking consistent with a downtown area. In this area of the CBD, there is no on- street parking allowed, although there is an ability to jointly use parking with the Eagles Club. As shown below, the Zoning Ordinance requirement for the site requires a total of 90 off - street parking spaces. The storage area of the lower level is not included in the calculations. The applicants are proposing to provide 46 spaces. As part of the CBD Design Study, it is suggested that uses within the CBD provide not less than three off - street parking spaces per 1,000 square feet of floor area. Utilizing this requirement, the project would be required to provide 52 spaces. The site plan should be revised to show proof of parking within the landscape islands and driveways to the Eagle site to show that at least 52 spaces can be provided on -site. An agreement to allow shared parking between the Montanari site and the Eagles Club has been provided and is attached in Exhibit 1. The agreement may be terminated by either party with 60 days written notice. This likely could be an issue when considering any proposal for a reduction in the required number of parking stalls. The agreement is subject to City Attorney review and approval. The City would also need to consider the joint parking proposal through issuance of the parking conditional use permit. Snow Removal. The applicants should provide provisions for snow removal on the site. The landscape areas will not be appropriate for snow storage, thus all snow will be required to be removed from the site. Grading and Drainage. The applicants have indicated that the level of hard cover would be reduced with the proposed site plan. Ponding will not be required for the site if other measures are taken to ensure the storm water quality is not affected before it leaves the site. Grading and drainage issues shall be subject to review and approval of the City Engineer and applicable watershed authority. Utilities. The applicant must provide any additional utilities information needed by the City Engineer, and utilities issues are subject to City Engineer review and approval. Signage. The applicant has proposed one monument sign at the driveway entrance to the site. The monument sign is consistent with the signage requirements of the Zoning Ordinance and design guidelines. Any additional signage proposed for the site will also need to comply with City standards. Trash. A single trash enclosure has been proposed in the southeast corner of the site. The applicant will need to specify details of the enclosure construction (height, materials, etc.). 5 Development Agreement. A development agreement between the applicants and the City will be required as part of the approvals subject to the City Attorney and City Council review and approval. CONCLUSION /RECOMMENDATION The application generally complies with City regulations; however, a number of issues still need to be resolved. We recommend approval only if a preliminary plat is submitted by the time of the Planning Commission meeting. If the preliminary plat is not submitted, it is recommended that the Planning Commission comment on the site plan and issues but hold any consideration of this request until additional information is received. We recommend that if approval is granted, it be subject to the following conditions: 1. A preliminary and final plat must be submitted for City review and approval. 2. Window openings within 10 feet of property lines must have fire suppression devices acceptable to the Fire Marshal and Building Official. 3. A materials board and colored elevations must be submitted for Planning Commission and City Council review. 4. Plans should be revised to show the south curb line of 60 Street North, the existing trail along 60 Street North and the proposed sidewalk connecting to the trail. 5. Decorative light fixtures that are not full cut-off are allowed only if the City Council approves them. 6. Lighting must meet all City requirements, and pole lighting must be 14 feet in height. 7. The landscape plan must be revised to comply with City Arborist recommendations found in a memo dated March 1, 2002. 8. An access permit from MnDOT is required. 9. A plan must be submitted that shows proof of parking to provide at least 52 parking stalls on -site. 10. The declaration of cross easements for shared parking is subject to City Attorney review and approval. The City Attorney, Planning Commission, and City Council should comment on the acceptability of the termination clause in the Declaration. 11. The Planning Commission should provide direction regarding the acceptability of the proposed parking stall dimensions. 12. Ali snow is required to be removed from the site. 6 13. Grading and drainage issues are subject to review and approval of the City Engineer and review of the applicable watershed authority. 14. The applicant must provide any additional utilities information needed by the City Engineer, and utilities issues are subject to City Engineer review and approval. 15. Any signage in addition to the proposed monument sign must comply with City standards. 16. Trash enclosure details must be submitted for review and approval. 17. 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Electrical System; High reactance, high pwerfactob&It B altast I s copper wound and 100% factory ;ested, Finish: Dark bronze polyester powder finish {DOB) is standard with other architectural colors available. Socket Porcelain, horizontally oriented mo- gul base socket with copper allay nickel- plated screw shell and center contact. UL listed 15130W-600V. WV pulse rated, timings: ti 1.1572 listed for wet lo0ations. C SA certified for use in Canada see options), Met See pages 251-267. 280 Ann-Mounted Die-Cast Cutoff, Flat Lens 61■L:-AC.Aci Use for lighting emu where glare control and a tics are important, Ideal for pc rktrg areas, street lighting, walkways and car kits. Master Catalog Number KAD 400M R3 IES ctistr MLJ HIGH PRESSURE SODIUM 70W 1010 in R2 114 10UW KAG 4 1062 at R3 R4 --ikaLlaiLji RZ it R41 250 ICAO 2514 it3 4416W KALI 443S R1 R3 R.4 METAL HALIDE 100W KAO MA fa K3 115W KAB 17 az3R4R5 21.0W KAD 25061 R2 R3 R4 RS 400W KA QOM RI 33 R4 115 STANDARD PACKAGING fixtufeast4 wmplits in WI mops mit ficerepfel 1414 ICAO 40114.4 la MO= Oa 'anus at &we) Accesmili, Alp eaparately. R53 ASS NOS FIAS Example: KAI:I 400M 113 120 SKIN 120 SPD09 288 244I 2T1 347 tte Type 11 Type r • DIMENvem$ itt Lentjthz qYa (44.5) Wicleg 174i (44,51 Depth: 714(16.11 M. weighr 42 lbs. 091 1401 „FM &were pole arm OM Square polo arni f4PD04 Hound pole arm RYOO Round pole arrn WW004 WGQd pQGfW&I WWI Wood polo or walla WiDaill Wall bracket Varna Wall braokat LiAnn (When ordefing KMA DA012) 0e4sLaCiptliti For options and acceswries, giNC) 5 5 Rs_3 YT S TT °Lit SOB page 182, NOTES! 1 Multi-lap mum. 1120. 206, 240, 277VI. 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Sea page 2Q1 TECHNICAL INFORMATION PA QZ) With 13 gust NOTES: t 1ountln0 A(rartitrrrorll: (?T) Only Opt Drill ft+ punting: IdNt,/ 1 fixture Mk)* dp;tc u: tuii* pop 366,11racIiAt*: S44p. Pole Data Shaft Bolt Bait Baca circle projection 4ize A 11T--12' a -3 /r- " 11' 3 i2oir 41 Lirmaiv44 NJ7Aa "' — Square Straightaiver � 4 5 or 6 Shaft Width, 1 O' to } Mounting. on ly 4' Aooapt3 KKS Series Luminaires tPT) 11'2012 "0.0, {2'NPS1 AhOhOr Wkliehousa Bess Haft Anohar Sok square description destrlptiAn AIMM Ash -o xe36 -0 A nct *11K1 pgtn w tk#fi fiskvinp fears ln*t■kg, Template number PJ5 i J5cmo4 PJ500IQ NA13 NOTE. $nvtxlintion requIree grout to be peciked under Ipeaa t eluuttt run 4ontirli with Inundation. Frstoryrouplied 1empleaale mug kned when trirttirii tthor Ii1 • Etna w I tva rt t ci *1m 4 incorriwi Arachurik0e o1Acernfrn 10 %iluce tO uiA 11thecrliA &dory tIrnp *flu. PSf6 6.61, envoi Ir f sss Features Shah: Weldable grade, hat - rolled, commer- cial quality carbon steel tubing with a mini- mum yield of 55,000 psi 11 50,0UO psi (7 gauge ). Uniform wall thickness of .12S or .1118". Shaft is one-piece with a longitudinal, electric, resistance weld. Uniformly square in Grass - section with flat sides, small corner radii and excetienttoraional qualities. Avail- able shaft vvidths are 4, 5 and 5 Inches, Anchor H n; Fabricated from hat - rolled carbon stool plate that Meets or exceeds minimum- yield strength of MAW psi. The anchor base is provided with slotted holes. Anchor Salts: Top 12' galvanized per ASTM A-153, Made of aX11 or 1 diameter steal rod having a minimum - yield strength of 55,000pa Grounding: NM holder located immediately inside handhole rim is provided with a W x13 UNC 9ro► nd bolt and nut landhol e: Rectangular, reinforced handhoie rim having nominal dimensions of 3 "x5" for all shafts. Included is Peal Oyer with attachment screws. Hardware: Fasteners are high gtanfzed zinc - plated or stainless teei. Top Cap: Weather-proof, high " strength plastic cap is provided for drill mount poles, Finish: Dark bronze polyester powder paint f DDS1 standard: optional polyester pawaar paint finishes available. Base Covers .Full-base over finished to match pole. Note: if Files or S outside, all pr•oIottive wrapping must be cemovod immediately to prevent i niNh damage, 295 T35 Luminaires 19q6 :eetiscs.1 ACP/4 Lomos (ski.) 'it55 3cQL E 1.2* CQ31 i0 Coe Aturnhurt . 17.5* Sq., mnged oriV Gca led Roof Cost Akmnum 5=01 Lens zome nor ' F -- our Lens PQ F rcelotMQgu(MG) ot ?". t,fia6tarn (MO) Bose &>cl.let COST AlutArturn LUMMire bof„e and HcPtzirV — 0 ...•••••••••••••••■•4 ‘4 Wcket Set 411t.wl 36O `""''' 1 . _ ;5' 0.0, Povt Ter)Orl — - -------3 1 — — CJADMIlb '........ 41,0 ........................ ... .4... •rnillb ' I.' . ' .1. ....an ,/,............ ......, .101i. rniAii.M. .IPMr......—......— .i. .0.5..... - ..... =pe caloog_number ; 11,1mincife IfinL5h 44 %wee i'votio94 -toptiora etquOment -Miloncil equiPment ORDERING GUIDE 1 T345 ri /6K-H100/120-V.KC : T35 /K 41 1OQ 1120 -V -FIC QaisMOUSA111212 ••••••••••••■••• . • ■,■•••••••••■•• 13 5 W 11: E V . 1 M h WalltgY1 DOxiX) Lig hi Tvxmeci irt 1 emel Alr, 7:41'35PC f..).+150 i1J-H U-1-000 Se Ctec. P " .21), ',iT35ClaC ..1.tv150 cJ-N4.73 wflQC ficry14.6:4 i,s-ncled Poly. Ler*cs 1.11 stroon it Avykc '.11*35PPC r= ..... .,....,■....... • .■••••■••••••....,............••••■••■•••••••• .....•••••■••........... ••••• ...., J ' M 1 00 Frn$ 1 ;2-Miso • .,i/BK 61004 ($)0.) •.)/CC Cusiorr Color "3 .4/015 Cork BrOrZe :1/PP Pr c Pointed i L74■4250 _I/1)G Dark Zreon (iv finip,.....Licohvm..,I,4,..s. AOC' finiSh U: 'Ales in 1::41%.)1Cy7) yQuipiat , 'i.S101) ,ti • iiMA 'J1240 ..1/277 J/QV '111-S250 Optior)o) Twist Look Pi Conttol Plic0 010c (.11P) (Rar rory PrOwired Pinoto Con7rOlbv oth) wafl firle(CUiy \r`gf..ielt 76 wort 1iJt voper 1D(tt Micay VC4.7,Q1 r,5 .j11 Wie$CLAY V! ',N wan merzygy 50 wolf Meto11- 70 gt;ulic:ie 1OO woo! Hokeie woti Melcl Htgoe. )75 WQTI meico HO4C$4 2Ow Meld Hotide wcall Hp Pv.:zwo Fioch:Jrn 60 wc:211 I-47 S001 1 PFC.15L.Ur lia"),vc* 3 soict: 7!).0 wc; • Ciption01 Dec ototve FrO6VC GtS6 Crirnney WI711 eiGISS 1'4010•( (C) wfl mm tiwe $ockei OrgY, clvtaiOble tc 150 worts) COSI ALitniriVrn riterliDr,C5be SCF 130tbS1 Pb10 6011,,St Cbrnponents (FOtION Pr Optiw,01 pholo Ekr- el(iC C.4ntiO1 (PC) arSt OnneCt Piug rsse with 0.113Sb Pief titetor ootonw Revoc TOT 0/ Or -111>-)-/ t,taw 5ignmez Optronof LOw BrighlneSE, ReteCI9r scA:E 1.5 06 rtcnied Gi Cy vn 61014 HOlcim. (Orgy ovoloole With mrn tavoiloGio 150wort> 6P 01P. COM Gag CO with .=e) 11,S Type 6 Doliib.lion, 6 do. CO ae.)10iiiile 1/4 •ypc 5 OiLtritviicrt- Lt AnoC.r0c1 Akormurt) LOw ahOhlne$s Pc p..1nlbry Wdh 9r1 U.S. Ifpil 5 Diolitawitorl. PEC c*,0t , g: Ei4cmc Ctintiol (120 V07), 2.1 PrIcrit7) ElectriC Creiti01 (2O VT) J %Kiri Lock PriCIO Conwi ANTIQUE' Stroot Lamps, Inc. •icoi lf,)7)Q Aw1,1 TX 76/ It't nfi7ro TOTAL P.03 T35 Ltii`niiit T35 SPECIFICATIONS ThO trciditisr`iofly Square shaped lur inaire shall consist of a lur lnaire bOse with are integral ballast housing a four sided fens frame, four Is POD leis■ 0 hinged roof, and o finio. p1McNS1pN Fixture dimensions shall be as a'ttotied on back page. MATERIALS The luminaire base, ballast housing, frame as.cgorntNyi roof, and finial shall be heavy veil, mapper free, cast aluminum produced trot certified ASTM 356.1 ingot per AST v1 B -179 -9 A or ASTM B21545, formes true to the pattern with complete C101011. Lens panels shall be smooth, textured, or prismatic, Lens ore available in clear polycarOonote or clear ocryiia. Internal retractors shall a irosilicate glass and reflectors shall be polished aluminum. All hardware small be stainless steel. All exterior hardware &hail 04 tomper re$istarit. J NrSTA LLATIO N The lum roc ire shall mount on a 3" 0.D. tenon with six 1/4" dia. socket Set screws. The bollost ano socket assembly shct be tanichedd, with a quick disconnect plug and mourvf on a removable bollost p ?ofe. FINISB For finish specifications arc color opt.orls 5e,s " Anfsh"' section in COTClog LIGHT SOURCE i:.,tmIr�ai; shODU fur iShed MTh a H I. D, bai►ast and socket assembly. L uminaire hall be UL listed and labeled us. suito i for w locations. Sockets shot! be ,i►� Zec porcelain, mogul or medium base, with a copper alloy nickel plated screw shell and renter contact. Ballast shall be core and coil, high power factor, reguioting type. C.ERTFCATION Upon request, manufacturer shop cemfy the use of 356.1 ingot alloy. Jpon request, manufacturer shall supply UL file# and ,Ist,ng information ANTIQUE StL L Inc. P.O. ROX . Awn. 1,n. t <'8715-0279 (6I;2) , 5'3 5 FQx {512) 2Q5 1� +:'3C NAC From: "K.D. \l din" <kwidin@mmmpcc.org> To: <srichards a©nacplanning.cam> Sent: Friday, March 01, 2002 0:44 AM Subject: Landscape Plan - Montanari Office Park Scott (Dan) - I have reviewed the revised landscape plan for the Montanari Office Park and have the following comments: 1. They still are specifying 'Royalty' flowering crab in their plan - y this cultivar is highly susceptible to both apple scab and fireblight diseases, and it also has sparse flowers. For both these reasons, it is not a g ood choice for a landscape and 1 make the recommendation that the City not accept the plan unless the cultivar is changed to a disease - resistant cultivar with a better flower display, such as "PrairieFire ", "Profusion ", "Professor Sprenger" or "Indian Magic' 2. The American linden in the front bed by the entrance is now planted in the middle of a sidewalk - this will need to be re- drawn. 3. The "American" Linden" in the plant schedule (Tilia x flavescens) is actually a littleleaf linden from Europe - this cultivar is not acceptable due to problems with girdling roots. A smaller cultivar of Tilia americana, such as Redmond is acceptable. 4. The City Engineer pointed out the fact that the parking lot currentl y is designed to drain into the front landscape beds at the entrance and will drown the plant material planned for those areas. Any drainage issues should be resolved before planting. 5. Red-twigged dogwood (dwarf) are drawn at two different scales on the same . lan They should re -draw the shrubs using the same symbol p y and, as a result, they may need to add more dogwoods to the NE landscape bed by the entrance. 6. 'Taunton' y ews are drawn on plan with the same symbol as used for the deciduous shrubs (dwarf red - twigged dogwood and dwarf � bushhone suckle - they should use an evergreen shrub symbol for the bushhoneysuckle) yews. 7. The east landscape bed in the parking lot is not large enough for two American lindens - they should re -draw the bed with only one. Kathy Widin Municipal Arb on st Page 1 of 2 EXHIBIT H 3/3/2002 Return to: Robert G. Briggs 1835 Northwestern Avenue Stillwater, MN 55082 RECITALS 1. Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater, (hereinafter "Eagles"), and Bart Montanari, (hereinafter "Montanari"), are owners of adjoining property in Washington County, Minnesota. DECLARATION OF CROSS EASEMENTS 2. The Eagles are the owners of property at 12969 North 60th Street, Oak Park Heights, Minnesota 55082 legally described on Exhibit A attached hereto and made a part hereof (hereafter referred to as the "Eagles Property"). 3. Montanari is the owner of property at 13481 North 60 Street, Oak Park Heights, Minnesota 55082, legally described on Exhibit B attached hereto and made a part hereof thereafter referred to as the "Montanari Property"). 4. Both properties have bituminous surface parking lots and the parties desire to provide for the use of the parking lots by the adjoining property owner during certain hours of the day. EXHIBIT 1 NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the undersigned hereby create . the easement and covenants hereinafter set forth. 1. Grant of Easement. The Eagles hereby grant and convey to Montanari a temporary easement for parking purposes only over .the bituminous surface area of the Eagles Property now used as a parking lot. 2. Grant of Easement. Montanari hereby grants and conveys to the Eagles a temporary easement for parking purposes over the bituminous surface area of the Montanari Property now used as a parking lot. 3. Limitation of Easement. The easements granted herein shall be limited as follows: The Eagles shall have the right to use the Montanari parking lot easement described above during the hours of 5:30 p.m. until 7:00 a.m of each day. Montanari -shall be allowed to use the parking easement on the Eagles property during the hours of 7:00 a.m. until 5:30 p.m. of each day. 4. Repair and Maintenance. The owners of their respective properties shall have the sole obligation and responsibility for the repair and maintenance of the parking surfaces on their property. Such repair and maintenance shall include the resurfacing of the parking area, the plowing of snow and the application of salt andlor sand as needed. Each party represents and agrees that it will maintain their respective parking surface in good condition of repair. 5. Easement not to be obstructed. It is expressly understood and agreed that the easements herein created are for the sole purpose of parking. The owners of the parcels shall use the rights granted by this instrument with due regard to the rights of others and their use of such easement shall such that it will not obstruct passage or drainage thereon. 6. Easement Term. This easement shall be for an indefinite term but may be terminated by either party by written notice to the other 60 days in advance of termination. Such notice shall be delivered person4lly or by certified mail to the addresses in paragraphs 2 and 3 of the Recitals set forth above. A copy of the Notice of Termination_and Affidavit of Service shall be recorded in the office of the Washington Courity Recorder if this easement document has been recorded. 7. Amendment. The parties agree that the provisions of this Declaration of Cross Easement may be modified or amended in whole or in part only with the consent of all of the owners of the parcels by amendment in writing executed and acknowledged by all of those parties. If a party has a mortgage on its parcel this Declaration of Cross Easement and any amendment without the written consent of said mortgagee shall not be enforceable against or binding upon that mortgagee. 8. Easement to run with the land. The grant of the easements herein shall run with the land and be binding upon and inure to the benefit of the owners of the parcels, their heirs, successors and assigns unless terminated as hereinabove provided. IN WITNESS WHEREOF this Declaration of Cross Easement has been executed on the day of , 2002. By: Its: Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater . Bart Montanari State of Minnesota . ) )ss. County of Washington) The foregoing instrument was acknowledged before me this day of 2002, by ,, the of Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater, a fraternal organization, on behalf of the organization. State of Minnesota„ ) )ss. County of Washington) Drafted by: Robert G. Briggs Eckberg, Lammers, Briggs, Wolff & Vierling, PLLP 1835 Northwestern Avenue Stillwater, MN 55082 Notary Public The foregoing instrument was acknowledged before me this day of , 2002, by Bart Montanari. Notary Public EXIIIBIT A ( "Eagles Property ") Tract B, REGISTERED LAND SURVEY NO. 57, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota; EXCEPT that part of Tract B, REGISTERED LAND SURVEY NO. 57, lying northerly of the following described line: Beginning at a point on the east line of said Tract B, distant 129.04 feet south of the northeast corner of said Tract B; thence northwesterly to a point on the west line of said Tract B distant 34.50 feet south of the northwest comer of said Tract B and said line there terminating. TOGETHER with an easement over, under and across Tract N, Registered Land Survey No. 57, on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. . EXIIBIT B ( "Montanari Property ") Lot A, Registered Land Survey No. 57, except all that portion lying northerly of the following described line. Beginning at a point on the East line of said Tract A distant 34.50 feet South of the northeasterly comer of said Tract A; thence westerly to a point on the West line of said Tract A, distant 21.26 feet Southerly of the Northwest corner and said line and there terminating.