Loading...
HomeMy WebLinkAbout2004-01-26 WC Recorded Document 3418394 - Developer's Agreement �x V , .vc.a r �''� C 34 r�v u- IIJIII III 111111111 Office of the County Recorder Washington County, MN Certified filed and/or recorded on: 2004101126 12:46:00 PM ' 3418394 PARK HEIGHTS County l(cmmene CITY 0 »�, � --r- �t County INmrda WASHINGTON COUNTY, MINNESOTA `, ; . DEVELOPER'S AGREEMENT '"" -. THIS AGREEMENT, made and entered into this 15 -44% 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 x ' '`-" 71 ( ALL LOTS AND BLOCKS) i ; - 3 . i (See Attached Exhibit A) L'-� - =y J (the "Development "); and, WHEREAS, the City Council has on November 25, 2003, granted PUD /CUP 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. PT,AN 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 5 '1/0 aV 5 920 /U a—P n 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. 2 n \. 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 General Rednirements: 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 fmal plat and upon execution of this Development Agreement and the recording of the fmal plat conveyed to the City of Oak Park Heights. 3 I. 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 permits 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 IMPROVFMFNTS ESTIMATED COST 1. Boulevard and swale sod $ 1,440.00 2. Landscaping $ 15,000.00 3. Street signs $ 800.00 4. Street lights $n/a 4 5. Grading $2,160.00 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: $31,800.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): $6,360.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $38,160.00 SECURITY REQUIREMENT (25 %) $9,540.00 • TOTAL PLAN A ESCROW $47,700.00 3. C.ONSTRTJCTION (W PLAN A !MPROVFMFNTS FOR! "OAK PARK MARKETPLACE" A. Cnnstmrtion. 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. 5 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. Faithfiil Performanre of Construction C'.nntractc. 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 Attomey, 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 Term. 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. C,r,nnertion C'hargps 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 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. ADMTNTSTRATTVF. EXPENSES. The Developer shall promptly pay all city related administrative expenses incurred in the processing of it's applications and the supervision of ifs 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. GFNER Ai.. 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 Referenr.P. All plans, special provisions, proposals, 7 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. RI T T) and C TT P P_etmit. 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 Miscellaneous 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 F. Rstahlishment of Constmetion Schedules. The City Engineer in conjunction with the Developers Engineer shall establish construction schedules for Plan A improvements. 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 8 H. Street Grades. The grades of all streets shall not exceed 8% and the minimum grade shall not be less than .5 %. T - Tandicapped Parking. 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. J. Trash Pereptacles. 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. T ighting. 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 light 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. 9 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. a. KFC / A & W: (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. (6) The A & W and KFC signs shall not be internally lit unless fully cnn formant with the City's .sign nrdinanre. The signs may be lit from a 10 1 wall mounted, City approved light fixture. (7) 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. b. Taco John's / Steak Escape: (1) 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 lights, 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.) p-. J� • 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, the 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. In the presence of: CITY 9/ ot � ` IGHTS B A � _ Q. Y David udet Mayor A ricJo s n Adm ' tr for In the presence of: SDT Properties LLC - By Its By Its 12 i t � In the presence of: L & L Holdings, LLC By Its By Its STATE OF MINNESOTA ) : ss. COUNTY OF WASHINGTON) On this /s 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 t h a t they are respectively the Mayor and the As r ' I .. . f the City of Oak Park Heights, the municipal corporation named in the for- • : . g instrument; and tha the seal affixed to said instrument is the corporate seal of said co oration, and that said instrument was signed and sealed on behalf of said municipal corporate • by authority of its City Council said Mayor and Administrator acknowledged said ins • • ent to be the free act and = of said municipal corporation. MARK J. VIERLING l�l' �' " F•` NOTARY PUBLIC • MINNESOTA " St' My Commission Expires Jan. 31, 2005 Vary Public STATE OF MINNESOTA ) : ss. COUNTY OF WASHINGTON) On this day of , 2004, before me a Notary Public, within and for said County personally appeared and 13 / , / • I , 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, 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 By David Beaudet Mayor Eric Johnson Administrator e prese , c of: SDT Properties LLC 1 By �.7/. ,,iy V Its / / 4 &c;, VIr:., 4 By Its 12 r In the presence of: L & L Holdings, LLC By ` 1� / Yir Its %'i/ By Its MANN 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 STATE OF 'FA ) AYYtA : ss. COUNTY OF On this 1Gj t A day of ( 5k11;0.-' , 2004, before me a Notary Public, within and for said County personally appeared — load and , to 13 me personally known, being each by me duly sworn did say that the NA&E 4 i wAtAEQ. .-ate— of SDT Properties LLC, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and •. that aid instrument was signed axdea1edon pehalf of saa by authority of its Qa'r A4IV 4 Ps4- and said 41(1.Aw 'AVM acknowledged said instrument to be the free act and deed of sai• OFFIGi E. SEAL CUNT C. E=A1 ire ONI3i „� ` NOTARY COMMISSION NO.342230 Notary • blic 44{-A-s, ‘DC MY COMMISSION EXPIRES FEB. 11, 2005 STATE OF MINNESOTA ) : ss. COUNTY OF WASHINGTON) On this 15 day of Ta^ ^'1 , 2004, before me a Notary Public, within and for said County personally appeared Go u ► S V. &a 114 A4 and , to me personally known, being each by me duly sworn did say that � an respectively the 1%1141,4 Nwn•x- r and of L & L Holdings, LLC, named in the foregoing instrument; _ - - , . : t .:: : • : • : .. . . • - :::: and that said instrument was signed on behalf of said nr � e t by authority of its o et• 090.€9n...9 \- and said t 4 1.•:∎ em w3. and acknowledged said instrument to be the free act and deed of said 1, nn municipal core tl Ml�� JJ A ' �. THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling , Eckberg, Lammers, Briggs, Wolff = "z JEFFREY M. CHRISTIAN & Vierling, P.L.L.P. � NOTARY PUBLIC - MINNESOTA 1835 Northwestern Avenue My Comm. Expires Jan. 31, Zoos Stillwater, MN 55082 (612) 439-2878 14 EXHIBIT A Lots 1 and 2, Block 1 Oak Park Marketplace EXHIBIT "B" CITY ARBORIST COMMENTS 16 Eric A. Johnson From: kdwidin ©comcast.net Sent: Wednesday, November 05, 2003 8:46 AM To: Jim Butler, Julie Hultman; Eric A. Johnson; Jay Johnson; Dennis Postler; Scott Richards; Mark Vierling Subject: KFC/Taco John etc. Landscape Plan OPH Staff - 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. Kathy Widin OPH Arborist EXHIBIT "C" CITY ENGINEER COMMENTS 17 C 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 T.ayn nt /Acresc T .ncatinns• 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 pattems/problems: • 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 o f City council approval... If there is a circulation conflict, die developer must a the situati This layout would fleet be reanalyzed and/or 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. y , 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. Postier, P.E. cc: Judy Holst, Finance Director Jay Johnson, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Kathy Widin, City Arborist Troy Nemmers — ProTerra Design. Associates DMP, DDH, File — Bonestroo & Associates K155\Old\KFC -A&W Taco John's -Steak Escape — Rev. General Plan Review 12- 11 -03.doc r . December 11, 2003 Mr. Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd., P. O. 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 grayling 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 Sewer/Water Main: 4. The proposed f re 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. • Gracling/Drainagfr. 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 CBMH -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. Misc'ellanenns• 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 lot/drive -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 2 , Final Building Colors and Designs Approved for Site 1) Steak Escape / Taco Johns: Drawings to date: A4.1 and A7.1 Dated: 11/26/03 Doug Fisher - 42998 2) KFC /A &W Drawings to date: A10.0 and A9.0 Dated 12/18/03 Patrick McKeegan - 42085 3) All use colors, design elements and signage as submitted to date are subject to further final verification and/or correction by the City Planner. 4) All drawings and submitted plans are subject to the January 7' 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. 4. 4 T � �L .l City of Oak Park Heights 14168 OakPark Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439 -4439 • 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. Kretman, 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. KFC/ 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 # S. City has no sample of Melbourne Coast - need ID # 6. City has no sample of Sanderlake - need ID # 6. In the KEY NOTES - item 0 calls for illuminated awnings, the City does not allow these. 7. In the KEY NOTES - item ® calls for illuminated cupola, the City did not authorize this element. 8. Plans call for "Coronel Kitchen Blue ", this was not found on the plans - no BLUES were authorized. Please remove. Taco Johns / Steak Escape 1. City has no sample of EXP 1 2. EXP 2 3. EXP 3 4. EXP 4 5. EXP 5 6. EXP 6 7. The Right Elevation does not show windows to the right of the doors. Up I .• Y i er submittals there may be additional requirements. .... Yo Eri ohnso City A. tra*•r Cc: Weekly ote 1.