HomeMy WebLinkAboutFully Executed Developer's AgreementCITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 5 day of January, 2004, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City "), and SDT Properties LLC, a Nevada Limited Liability company and L & L
Holdings, LLC a Minnesota Limited Liability company, (collectively referred to as the
"Developer ").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval of the a
Planned Unit Development and Conditional Use Permit together with a replatting of land within the
corporate limits of the City described as follows:
OAK PARK MARKETPLACE
( ALL LOTS AND BLOCKS)
(See Attached Exhibit A)
(the "Development "); and,
WHEREAS, the City Council has on November 25, 2003, granted PUDICUP approval to
the Development, on the condition that the Developer enter into this Agreement stipulating the
conditions for the installation of street, water, sewer and other public improvements as well as the
development of on-site improvements hereinafter described, all in accordance with the terms and
conditions hereinafter set forth.
NOW, THEREFORE, 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 Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements ".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plan B Improvements ".
1, PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvements 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 boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) 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 any site grading. Any changes to the grading plan
during construction shall be submitted to the City for approval. Each
building site must conform to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a building permit being
issued. No changes shall be made to the grading plan during construction
without the City's written approval.
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 development 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 may be 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 Neal Avenue North adjacent to this development without the
express written consent of the City Engineer and MNDOT.
C. The Developer shall place iron monuments at all lot and block corners 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 at Developer's expense and in
accordance with specifications established 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 by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
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 development 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 repair of any damage done to the streets or public utilities by Developer
or any of its Contractors or Subcontractors, shall remain the financial
responsibility of the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements
Cxernerai Requir
H. The Developer shall dedicate and survey all drainage and storm water
holding ponds as required by the City and to be shown on the final plat. The
Developer shall be responsible for storm sewer cleaning and holding pond
dredging, as required, by the City prior to completion of the development.
Any and all approvals needed from The Valley Branch Watershed District
for this project shall be obtained from the Developers before commencing
and site improvements.
The City of Oak Park Heights is requiring Developer to dedicate storm water
drainage areas and holding ponds to serve Developer's project. Such areas
are incorporated within the drainage easement depicted on the final plat and
upon execution of this Development Agreement and the recording of the
final plat conveyed to the City of oak Park Heights.
The Developer shall be responsible for securing all necessary approvals, and
permits from all appropriate federal, state, regional and local jurisdictions
prior to the commencement of site grading or construction and prior to the
City awarding construction contracts for public utilities. The Developer shall
secure the appropriate MnDOT access pen for the two accesses onto the
MnDOT Frontage Road.
J. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all peripheral (non- internal) lot lines in the plat of "Oak
Park Marketplace". A minimum 8 foot wide pedestrian / bike pathway shall
be constructed to MNDOT and ADA standards and maintained by Developer
on Developers lands connecting the site to the pedestrian walkway along TH
5 now located to the west of the site.
K. Wetland Designation, All areas classified as wetlands shall be displayed
upon the plat and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
L. City Arborist Recommendations. The developer shall follow and implement
the recommendation of the City Arborist relative to landscaping and
plantings to be placed on the site. (Attached hereto as Exhibit "B").
M. Warranty of Title.
By its execution hereof Developers hereby warrant and represents that it has
the exclusive and marketable fee title to the subject property. Developers
further warrant and represent that there are no liens or encumbrances against
the title and that it is fully authorized to execute this agreement as the fee
owner of the subject lands. Developer shall have provided to the city prior to
execution hereof proof of ownership in a form satisfactory to the City
Attorney
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Boulevard and swale sod $ 1,440.00
2. Landscaping $ 15,000.00
3. Street signs $ 800.00
4. Street lights $nla
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5, Grading $2,1 60.00
6. Erosion Control $3,200.00
7. Pond Protection & Restoration $3,000.00
8. Utility Protection & Repair $1,500.00
9. Street Protection & Repair $2,000.00
10. Driveway access to Neal $2,700.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
"OAK OAK PARK MARKETPLACE"
5
$31,800.00
86,360.00
$38,160.00
SECURITY REQUIREMENT (25 %) 89,540.00
TOTAL PLAN A ESCROW 847,700.00
3. CONSTR I JCTION OF PLAN A IMPROVEMENTS FOR :
A. Cons:ruction. 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, upon approval of the
final plat, 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 and conditions as the
City shall determine. If within the platted area, all such easements shall be
dedicated to the City and specifically described within the Plat. As it affects
all easements located outside the platted 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.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the 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 of this Agreement,
Developer or its general contractor shall provide a Performance Bond or
Irrevocable Letter of Credit to the City of Oak Park Heights in a form to be
approved by the City Attorney, guaranteeing the performance by Developer
of the construction of the Plan A Improvements in a timely and proper
manner. Additionally, Developer guarantees and agrees that, should the City
of Oak Park Heights need to apply a claim on said Performance Bond or
Irrevocable Letter of Credit, that Developer shall pay all attorney's fees and
administrative expenses associated with said action.
E. Security Tom. The Developer or its general contractor's Performance Bond
or Irrevocable Letter of Credit shall be issued for a period of time not less
than one (1) year in duration and shall be renewed for such additional term(s)
as required by the City until the project is complete..
4. Connection Charges' . All connection charges and fees shall be paid by
Developer. The City Engineer shall compute the connection fee as
prescribed by ordinance /resolution as to this development and advise the City
Clerk as to the appropriate fee to be collected. Connection fees for all lots
and blocks are due and payable upon execution of this agreement and are as
follows:
2003 2004
1 Note the Connection Charges calculated herein are based on 2003 rates, In the event this Agreement is not
finalized before 12/31/03 the figures will be adjusted to 2004 rates.
6
Sanitary Sewer $ 5,596.50 $5,770.95
Water $ 9,737.50 $10,045.00
Storm Sewer $12,341.00 $12,720.25
The City reserves the right to modify or adjust the manner of computation of
connection fees from time to time which may adjust or increase the
connection fees on the outlots at such time as they become due.
The gross area of this development is 1.96 acres. After adding in one half of
the adjacent right of way (0.28 acres) and subtracting out the storm water
pond (0.19 acres) the remaining net developable acreage is 2.05 acres; upon
which the connection charges have been calculated.
5. ADMINISTRATIVE EXPENSES. The Developer shall promptly pay all
city related administrative expenses incurred in the processing of it's
applications and the supervision of it's performance under this contract. If
required by the Director of Finance of the City a cash escrow deposit to cover
anticipated expenses will be deposited with the City upon execution of this
agreement. Such escrow shall not bear interest and shall be returned to
Developer upon performance and completion of this contract.
6. 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 Development 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 of
all or any part of the Development and all recording fees, if any, shall
be paid by the Developer.
B. Final Plat Approval. The City has given final approval to the plat of
the Development (OAK PARK MARKETPLACE) upon execution
and delivery of this Agreement and of all required documents and
securities, and further subject to compliance with the Ordinances of
the City and terms and provisions hereof, permits may be issued by
the City.
C. 'Incorporation of Reference. All plans, special provisions, proposals,
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F.
specifications and contracts for the improvements furnished 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.
November 7, 2003 - Report of Northwest Associated Consultants,
Inc., File No. 798.02-03.13
November 12, and December 11, 2003, - Reports of the City
Engineer, Bonestroo, Anderlik, Rosene & Associates
City Council Minutes of November 25, 2003.
D. P.I J.D. and C.IJ.P Permit. The City of Oak Park Heights shall file the
Planned Unit Development and Conditional Use Permit 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 performance
aspects of same and documentation to individual buyers of lots.
E. Administrative and Mjscella.noiis Expenses. 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 may be
offset against the Performance Bond securing the Plan A
improvements for 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 bonding company
for the payment of same
The City Engineer in
conjunction with the Developers Engineer shall establish construction
schedules for Plan A improvements.
• 1
• 1
I w s
G. Zoning. OAK PARK MARKETPLACE has been designated a
zoning classification of "B -2 with a PUD overlay" 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
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H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than .5%.
1.
Location of disability/ handicapped stalls
shall be made efficient with regard to serving all of the areas of the
proposed facility and shall be located pursuant to the site plan
approved by the Planning Commission and the City Council.
•.Ii .SI'i
J. Trash Receptacles. Trash receptacle areas have been designated on
the site plan for the buildings. All tenants of the building will be
required to utilize these trash receptacles or will be required to store
trash internally.
K. Lighting Developers must submit a final lighting plan to the City
Council. A photo- metric lighting plan shall be submitted and subject
to review and specific approval of City Staff. All lighting shall be
hooded and controlled so as not to direct Tight source to adjacent
lands and not to be visible from the public right-of-way or from
adjacent properties in compliance with Section 401.15B.7 of the
Zoning Ordinance.
L. Signage. A final signage plan shall be developed by the Developers
and submitted to the office of the City Planner for approval. All
signage shall be conformed to the master signage plan so approved
by the City Planner.
M. Any changes to the submitted landscape plan resulting from changes
to the stormwater ponding areas shall be subject to review and
approval of the City Council.
N. Cross easements. The developer must put in place parking, access
and use cross easements between the two lots. The final form of
the Cross - easement documents shall be subject to the review and
approval of the City Attorney.
O. The developer shall contact MnDOT regarding expansion of the
parking lot into the westerly drainage and utility easement area as
proof of parking. If one or both restaurants are converted to eating
establishments with table service, or if the site layout changes, a
PUD amendment is required.
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a. KFC / A & W:
P. The delivery of goods shall not take place during peak business
hours.
Q. On the north lot, access to the site and drive through area may be
problematic from a traffic management concern as expressed by
the City Engineer. The PUD and CUP permit issued in this matter
shall expressly retain a right of review to the City and allow the
City to require the developer to make modifications to the site
access and traffic circulation patterns, at Developer's expense,
should traffic use of or to the site create a public safety concern or
problem in the opinion of the Chief of Police.
R. All access and site visibility recommendations of the City Engineer
should be incorporated onto the final site plan. (See Exhibit "C ")
S. The City Council has required the following design /building
material revisions to the buildings subject to City staff review and
approval. The applicant shall provide revised building elevations
prior permit issuance.
(1) The checkerboard facade of the A & W portion of the building shall be
consistent with the elevation plans and building materials samples
recommended by the Planning Commission.
(2) The parapet, window awnings, and tower roof materials shall be a muted
red color as consistent with the building materials samples recommended
by the Planning Commission.
(3) The building shall not include any blue banding or neon accents.
(4) The base material shall be brick, consistent with the building material
sample recommended by the Planning Commission. The brick shall
extend from the ground level to the top of the window and door frames.
(5) The KFC tower element shall incorporate a sand pebble color EFIS
extending from the ground level to the roof.
( The A & W and KFC signs shall not be internally lit unless fully
con ormant with Ilia City's ,sign ordinance. The signs may be lit from a
10
(
b. Taco John's / Steak Escape:
(I)
wall mounted, City approved light fixture.
The revised plans, as presented to the Planning Commission, at their
November 18, 2003 meeting shall be subject to review and approval of the
City Planner.
The revised plans, as presented to the Planning Commission at their
November 18, 2003 meeting, shall be subject to review and approval of the
City Planner.
T. Revised sign plans and details must be submitted that are in conformance
with Section 401 .15 . G of the Zoning Ordinance. These plans and details
are subject to City review and approval. Requirements relate to area,
height, number, type, illumination, landscaping, and location.
U. The submitted landscape plan is subject to City Arborist review and
approval. (See Exhibit "B ").
V. The lighting must be revised and a photometric plan must be submitted
that complies with Section 401.15.B.7.d. Light standards may not exceed
25 feet from the parking lot surface to the top of the light fixture. All
lights, including security Tights, must be a hooded or full cut -off design.
w. The color and materials of the proposed trash enclosures shall match the
principal building. Revised details must be submitted for City review and
approval.
X. Grading, drainage, erosion control, and utility plans are subject to review
and approval by the City Engineer. Storm water issues are also subject to
review and approval by the applicable watershed authority.
Y. Paving, curbing, and other site improvements proposed within the
drainage and utility easement may be allowed at the developer's risk and
subject to review and approval of the City Engineer. Developer is
forewarned that the City's sanitary force main is located in this area and
should the City ever need to repair or replace same the Developer, its heirs
and assigns, shall be solely responsible for replacement of onsite
improvements (e.g. pavement, curb, signage, curb gutter, landscaping ect.)
11
In the presence of:
In the presence of:
Z. Sound levels from ordering and announcement equipment shall be in
compliance with Section 401.15.B.11 of the City Zoning Ordinance.
AA. Attached hereto as Exhibit "D", and incorporated by reference herein , are
the building color and designs approved by the city.
IN WITNESS WHEREOF, t he C ity and D eveloper h ave c aused t his A greement t o be
duly executed on the date and year first above written.
CITY To EIGHT
01,
By Alatib- ■MP
David eaudet
Mayor
SDT Properties LLC
12
Eri son
istrator
By
Its
By
Its
In the presence of: L & L Holdings, LLC
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
.+
MARK J.
NOTARY PUBLIC
My Commission Expires
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
13
By
Its
By
Its
On this /'day of , 2004, before me a Notary Public, within and for
said County personally appeared David eaudet 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, • sai instru t
was signed and sealed on behalf of said municipal corporation by au ' .nty of its City Council an
said Mayor and Administrator acknowledged said instrument to e the free act and deed aid
municipal corporation.
On this day of , 2004, before me a Notary Public, within and for
said County personally appeared and
Sound levels from ordering and announcement equipment shall be in
compliance with Section 401.15.B.11 of the City Zoning Ordinance.
AA. Attached hereto as Exhibit "D", and incorporated by reference herein , are
the building color and designs approved by the city.
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: CITY OF OAK PARK HEIGHTS
In the presen
By
David Beaudet
Mayor
SDT Properties LLC
12
oflew,-/
Its P 1.1 4 c
Eric Johnson
Administrator
In the presence of: L & L Holdings, LLC
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this day of , 2004, before me a Notary Public, within and for
said County personally appeared David 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.
Notary Public
Or114-1
STATE OF Mil'+NE4S49-T-T4 )
ss.
COUNTY OF 1 0141-F4441:4G-T-
On this ir day of j 1 4 , 2004, before me a Notary Public, within and for
said County personally appeared T r and , to
13
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CUNT a FANNING
„I NOTARY PUDLIC — OREGON
COMMISSION NO 342930
MY COMMISSION EXPIRES FEB. 11, 2005
STATE OF MINNESOTA )
•
COUNTY OF WASHINGTON)
SS
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vier ling
Eckberg, Lammers, Briggs, Wolff
& Vier ling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
14
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, me personally known, being each by me duly sworn did say that tlier-tipa—Fe.speet-Fy the
rrockVO VI, iri.irkteg. and of SDT Properties LLC, named in the foregoing
instrument; and that the seal affixed to said instrument is the corporate seal of co o........._aotion, a4d jj
, that sai instrument was signed a444-settivelsorl behalf of said by authority ofTts
lq
LvEgAti 1.4,2E.E1010,3 and said osum «1& a s acknowledged
s al nstrument to be the free act and deed of saM munici al corpor ion.
On this ir day of 34")44.1 , 2004, before me a Notary Public, within and for
said County personally appeared ii,o 60114,..4 and , to
me personally known, being each by me duly sworn did say that they are respectively the
tiv,v145,„. 'A and of L & L Holdings, LLC, named in the foregoing
instrument; and
that said instrument was signed tiftel-s&1 on behalf of said by authority of its
Opt, kre m.y\-- and said rek4 flt IQ,- and acknowledged said
instrument to be the free act and deed of said it4ep co r-ation.
/IN) ii.te i fe,S; 1 coopaevi
blic -t\,,er_ IN. 49C
JEFFREY M. M. CHRISTIAN
NOTARY PUBLIC — MINNESOTA
My Comm. Expires Jan. 31, 2005
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EXHIBIT A
Lots 1 and 2, Block 1 Oak Park Marketplace
EXHIBIT "B"
CITY ARBORIST COMMENTS
16
Eric A. Johnson
From
Sent:
To:
Subject:
OPH Staff -
Kathy Widin
OPH Arborist
kdwidin a@comcast. net
Wednesday, November 05, 2003 8:46 AM
Jim Butler; Julie Hultman; Eric A. Johnson; Jay Johnson; Dennis Postler; Scott Richards; Mark
Vierling
KECITaco John etc. Landscape Plan
I have reviewed the landscape plan for the proposed KFC /Taco John etc. project and have
the following comments:
1. The landscape plan generally looks good.
2. Species are mostly appropriate and should do well on site. The red coralberry and
black chokeberry do sucker and extra stems will need to be pruned out of the beds unless
they want the shrubs to grow really thickly.
The sugar maple will probably not do very well on this site long-term and should be
partially replaced with other species such as "Summit" green ash, "Redmond" linden, and
bicolor oak (2 of each species to equal 8 trees originally specified to be sugar maple).
3. Some trees are specified to be planted in the r.o.w. of Neal Ave. and the developer may
need to get permission from MnDOT to do this (?).
4. If snow storage is going on the west side, be sure there is enough room to avoid piling
it on trees and shrubs planted there.
5. The planting detail lists removing wire from root balls of conifers but not deciduous
trees. The top rungs of wire basket should be cut off the root balls of deciduous trees
as well.
6. Numbers of trees were left off the plant schedule - these should be added when other
changes are made.
EXHIBIT "C"
CITY ENGINEER COMMENTS
17
From engineer
Dear Eric:
We have reviewed the general development plans and storm water calculations for the proposed
KFC/A&W --- Taco John's /Steak Escape development as recently submitted by ProTerra Design
Associates, Inc. and have the following comments /recommendations for your consideration:
Site -Layout/Access Locations:
1. The proposed northerly entrance /exit configuration was discussed in fairly great detail at the
last site plan review meeting with the owner. As discussed, this layout has the potential to
experience the following traffic patterns/problems:
O Under peak drive -thru hours, entering v ehicles m ay b ack up o nto N eal A venue N
while waiting to access the preview and menu boards.
• Vehicles utilizing the internal northbound menu board will block vehicles trying to
enter or exit the parking stalls in this vicinity.
• Entering vehicles may try to enter the parking area at the west end of the driveway
median, against vehicles entering the drive -thru lane from that direction.
The November 7, 2003 Planning Report indicates "The City will re- evaluate this arrangement
after six months from the date of City council approval. If there is a circulation conflict,
the developer must amend the situation. " This layout would best be reanalyzed andlor
redesigned at this time, since retrofitting the design if problems do result will be a more
difficult and costly scenario.
2. One -way traffic with 90° parking on one side requires a drive aisle width of 18' minimum.
The drive aisle near the southerly message board sign scales approximately 15' wide.
3. The existing driveway radius for the Pony Express Car Wash development should be shown
on these plans to verify that no conflict exists with the large 33' radius proposed on the north
side of the northerly driveway.
4 Internal signage should be very clear to help alleviate any confusion the may be experienced
by customers.
Miscellaneous
5. The engineer has submitted plans and drainage calculations to MnDOT for their review and
permitting. Copies of MnDOT review comments and/or permits shall be submitted to the
City when available. Construction of the two driveway accesses to Neal Avenue North will
not be allowed until copies of MnDOT permits have been received.
If you have any questions or require additional information, please contact me at (651) 604-4815.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INC
Dennis M. Pastier, P.E.
cc: Judy Hoist, Finance Director
Jay Johnson, Public Works Director
Jinn. Butler, Building Official
Scott Richards, City Planner
Mark Vierling, City Attorney
Kathy Widin, City Arborist
Troy Nemmers - ProTerra Design Associates
DMP, DMA, File -- Bonestroo & Associates
K:\55\01d`i FC -A&W Taco John's-Steak Escape -- Rev. General Plan Review_l2 -1 I- 03.doc
December 11, 2003
Mr. Eric Johnson, City Administrator
City of Oak Park Heights
14168 Oak Park Blvd., P. 0. Box 2007
Oak Park Heights, MN 55082 -2007
Re: Oak Park Marketplace (KFC /A &W — Taco John's /Steak Escape)
Revised General Plan & Plat Review
BRA File No. 55-03-000
Dear Eric:
We have reviewed the revised general development plans for the proposed Oak Park
Marketplace (KFC /A&W — Taco John's /Steak Escape) development as recently submitted by
ProTerra Design Associates, Inc. and the final plat as submitted by Cornerstone Land Surveying,
Inc. We have the following comments /recommendations for your consideration (previous
comments still applicable are shown in italics):
Plat:
1. Show the total areas (square footages) for each lot on the plat.
Grading/Drainage:
2. The location/construction of the proposed bituminous trail connecting to the pedestrian
pathway along State Highway 5 shall not interfere with the location/function of the existing
swale outlet for the storm water pond to the north. A culvert under the proposed trail will be
required at this location, properly sized for the existing swale & pond overflow storm water
runoff quantities. This culvert and grading should be shown on the grading plan.
3. The engineer has submitted plans and drainage calculations to the valley Branch Watershed
District (VBWD) for their review and comments. Copies of the VBWD review comments
shall be submitted to the City when available.
Sanitary S e wer/W ater Main:
4. The proposed fire hydrant shall incorporate an AFC -- Waterous Storz Nozzle. The hydrant
pumper nozzle shall be of one-piece design, compatible with a 5" Storz hose coupling. The
nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer
or authorized distributor designated by the manufacturer. Storz adapters will not be
accepted.
This note has been added to the hydrant detail on Sheet C6.1, however we
recommend it be cross - referenced on Sheet C4.1 so it is not overlooked.
5. The storm water runoff and storm sewer calculations are acceptable as submitted.
6. It is our understanding that this area is now officially part of the valley Branch Watershed
District (VBWD). As such, plans and drainage calculations shall be submitted to the VBWD
for their review and comments.
7. Specify a minimum of 10 cubic yards of riprap at the proposed flared end section (FES) to
the MnDOT storm water pond.
8. The proposed FES should enter the existing storm water pond at the normal water level. The
engineer should verify this elevation with MnDOT.
9. Storm sewer pipe material should be either reinforced concrete pipe (RCP) or high- density
polyethylene pipe (HDPE), not polyvinyl chloride (PVC) as shown on the plans.
10. The existing FES near proposed CBMH -4 will be removed and either a section of pipe
replacing it to extend to CBMB-4, or CBMH -4 will be constructed over the end of the
existing pipe. This should be noted on the plans (it appears a note may exist to this effect,
but if so, it is outside the page boundary -- part of a leader arrow is shown).
Sanitary Sewer /Water Main
11. The development proposes to utilize the two existing 6" sanitary sewer services provided to
this site out of Neal Avenue North. Water services to each building, as well as a 6" fire
hydrant line, will be tapped from the existing 12" main line along the east side of the site.
12. The proposed fire hydrant shall incorporate an AFC - Waterous Storz Nozzle. The hydrant
pumper nozzle shall be of one-piece design, compatible with a 5" Storz hose coupling. The
nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer
or authorized distributor designated by the manufacturer. Storz adapters will not be accepted.
13. We recommend insulation be provided between proposed water main/service and storm
sewer crossings with minimal separation to alleviate potential freeze up conditions.
Miscsaneors
14. MnDOT permits for the proposed accesses to Neal Avenue North and for storm water
discharge to their existing storm water pond are required.
15. Any improvements (in this case parking lotldrive -thru lane and storm sewer) within the
existing 20' -wide drainage and utility easement along the north side of the parcel are at the
owner's risk. Verbiage should be included in the developer's agreement indicating that if the
existing sanitary sewer forcemain ever requires repair or replacement, any developer - related
improvements in this easement shall be replaced/restored by the owner at their expense.
16. Label Neal Avenue North on all plans sheets for reference.
1. The menu board and preview board should be moved westerly a couple car lengths to alleviate
the possibility of traffic backing up onto Neal Avenue N. from the preview board.
2. The northerly entrance /exit should intersect at right- angles with Neal Avenue N. (eliminate
the skewed access). This helps with exiting line -of -sight and should also help alleviate any
conflicts with the car wash driveway (provide a little separation). Delivery vehicles will most
likely be coming from the south on Neal Avenue (off Highway 5) and can access the 90- degree
entrance more easily. If delivery vehicles are anticipated from the north, the northerly curb
radius and driveway median should be design accordingly.
EXHIBIT "D"
FINAL BUILDING COLORS AND DESIGNS APPROVED
FOR THE SITE
1
2) KFC/A&W
nllod Building Co1or°s .nd Deli ns roved for Site
Steak Escape 1 Taco Johns:
Drawings to date: A4.1 and A7.1
Dated: 11/26/03
Doug Fisher - 42998
Drawings to date: A10.0 and A9.0
Dated 12/18/03
Patrick McKeegan - 42085
All use colors, design elements and signage as submitted to date are subject to
fluffier final verification and/or correction by the City Planner.
4) All drawings and submitted plans are subject to the January 7 th, 2004, letter from
Mr. Eric Johnson, City Administrator to Mr. Alan Kretman, Pro Terra Design
Associates, Inc.
5) No building permits shall be issued until all color samples, design elements and
signage are accepted and approved by the City Planner.
Ci
14168 Oak'Park Blvd N. Box 2007 0 Oak Park Heights, MN 55082 0 (651) 439 -4439 0 Fax 439-0574
January 7th, 2004
Mr. Alan Kretman
ProTerra Design Associates Inc.
7300 Hudson Blvd, Suite 220
Oakdale, MN 55128
RE: Color/Designs
Mr. Kret nan,
rk eig ts
Considering the immense amount of time the Planning Commission spent on dealing with colors, all colors
must have submitted samples and is identified by brand/type. Below are a few notes that must be addressed
prior to the issuance of any building permit.
IKFC/ A &W
1. City has no sample of SW 2335
2. City has no sample of KFC White - needs ID #
3. City has no sample of KFC Red - need ID #
4. City has no sample of Rowhouse Tan .. needs ID #
5. City has no sample of Melbourne Coast - need ID #
6. City has no sample of Sanderlake - need ID #
6. In the KEY NOTES - item
7. In the KEY NOTES - item
element.
GO
calls for illuminated awnings, the City does not allow these.
calls for illuminated cupola, the City did not authorize this
8. Plans call for "Coronet Kitchen Blue ", this was not found on the plans - no BLUES were
authorized. Please remove.
Taco Johns 1 Steak Escape
1. City has no sample of:
2 T1
3.
T1 It
4. fi 11
5. TT
R1
6. ti
EXP 1
EXP 2
EXP 3
EXP 4
EXP 5
EXP 6
7. The Right Elevation does not show windows to the right of the doors.
Up . . rther submittals there may be additional requirements.
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