Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2005-05-31
PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS. C~ OF ~MouND MiSsi~N" S-TATE~NTii~TheCi~'O~ l~i~)un~i~ th~ought~i~m~k'a~d ~OoP~-~fiO~, 'prOvid~s at a reasonable Call meeting to order Pledge of Allegiance Action on Planning Case #05-38: Applicant: City of Mound Subdivision Exemption PID No. 13-117-24-33-0069 Staff/PC Recommendation: Approval with conditions Public Hearings Applicant: Mound Harbor Renaissance Developmem LLC A. Lost Lake Planned Development Area -Conditional Use Permit (# 05-34) B. Preliminary Plat / Development Plans (# 05-26) C. Rezoning (# 05-33) D. Variances (#05-35) Staff/PC Recommendation(s): Approval with conditions Action on Subdivision Agreement between the City of Mound and Mound Harbor Renaissance Adjourn Page 1505-1517 1518-1562 1563-1589 PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound City Council, Planning Commission and City Staff FROM: Loren Gordon, AICP, Consulting City Planner DATE: May 26, 2005 SUBJECT: Subdivision Exemption APPLICANT: City of Mound CASE NUMBER: 05-38 LOCATION: 53xx Shoreline Drive PID: 13-117-24-33-0069 ZONING: B-1 (proposed to be rezoned to Pedestrian District) COMPREHENSIVE PLAN: Pedestrian District SUMMARY The City of Mound is proposing to transfer a portion of the identified property to Mound Harbor Renaissance (MHR) to satisfy conditions of the development agreement for the Lost Lake District. The property to be conveyed to MHR is generally the upland features of the property that are north of the Lost Lake Greenway Trail. The City would retain the remnant upland area which essentially includes the Lost Lake Greenway as well as the canal and wetland areas. The Subdivision Exemption is needed in order to split the parcel into two recordable descriptions for purposes of facilitating the Preliminary Plat (#05-26) request and other development plan applications submitted by MI-IR for development of the Lost Lake site. The resulting City parcel is legally described as Tract "A" and MHR parcel as Tract "B." REVIEW PROCEDURE Subdivision Exemption Provisions. If the Planning Commission recalls, the subdivision ordinance was amended in 2003 to include a provision entitled "Subdivision Exemption" which reads as follows: "In any case in which compliance with Subparagraph A (Minor Boundary Adjustment) and B (Waiver of Platting) will result in an unnecessary hardship to the property owner and the request is not contrary to the platting regulations, the 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -1505- p. 2 Lost Lake Site Subdivision Exemption May 26, 2005 City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be recorded. The Council may, at its option, refer such questions to the Planning Commission for recommendation before action." 120-DAY PROCESS State statute requires approval and/or denial of subdivision applications within 120-days unless an extension is granted. Thc Subdivision Exemption application was received and deemed to be complete on May 25, 2005. CITY DEPARTMENT REVIEW Copies of the request and all supporting materials were forwarded to all applicable City departments for review and comment. AGENCY REVIEW Copies of the MHR preliminary plat application materials were forwarded to all involved agencies for review and comment. Comments received were included are included with the Planning Report for the preliminary plat and development plan applications for Lost Lake. RECOMMENDATION Staff recommends Planning Commission recommend Council approval of the Subdivision Exemption subject to the following conditions: 1. Approval of the Preliminary Plat, Conditional Use Permit, Rezoning, and Variance applications. 2. Payment of all related costs for review of the Subdivision Exemption application. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1506- CITY OF MOUND RESOLUTION # 05- RESOLUTION TO APPROVE SUBDIVISION EXEMPTION APPLICATION FOR THE CITY OF MOUND FOR THE SUBDIVISION OF THE FORMER CITY DUMP SITE IDENTIFIED AS PID No. 13-117-24-33.0069 Case No. 05-38 WHEREAS, the City of Mound as the applicant, has submitted a subdivision exemption application and is requesting approval to subdivide PID No. 13-117- 24-33-0069 which is owned by the City of Mound; and, WHEREAS, the application is associated with the development of the Lost Lake District site by Mound Harbor Renaissance (MHR). The subject property is described as Tract A on the attached Exhibit A; and, WHEREAS, upon release of the subject property by Hennepin County, the parcel described as Tract B on the attached Exhibit B will be conveyed to MHR for future subdivision and development; and, WHEREAS, the purpose for the subdivision exemption application is to provide legally described parcels for recording and conveyance; and, WHEREAS, an updated survey which depicts the proposed new lot configurations and legal descriptions; and, WHEREAS, the subdivision exemption application was reviewed and recommended for approval by Staff; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota as follows: The City does hereby approve the subdivision exemption application to subdivide PID No. 13-117-24-33-0069 subject to the following conditions: a. Approval of the Preliminary Plat, Conditional Use Permit, Rezoning, and Variance applications. b. Payment of all related costs for review of the Subdivision Exemption application. - 1507- The subdivision exemption application is hereby approved for the property as described in Exhibits A and B. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted May 31, 2005 Attest: Bonnie Ritter, City Clerk Pat Meisel, Mayor - 1508- Exhibit A - 15O9 - Exhibit B -1510- CITY OF MOUND 5~41 Maywood Road, Mound, MN 5364 Phone 952.472-0600 FAX 952.4?2..0620 SUBDIVISION EXEMPTION APPLICATION City Council Date: Case No. Application Fee and Escrow Deposit required at time of application. ,NFoPROPERTY Subject Address I~ ~ II"-)- ~/~-- r~_ ~..~: EXISTING Lot(s). Block Subdivision LEGAL DESCRIPTION PID~ Plat # PROPOSED A. Lot(s) BIo~ LEGAL B. Lot(s) BI~ DESCRIPTION ZONING Circle: R-1 R-lA R-2 R-3 ~ B-2 B-3 PROPER~ Are there existing stm~ures on the prope~ yes ~no) Do ~e e~sting s~ums ~mply ~ the zoning ordinan~ for setbacks, hard~ver, etc.? yes / no APPLICANT The appli~nt is: ~wner other: Address ~ Phone Home~- ~0~ ~y' Work F~ ow. . . me (if o~er ~an Address appli~) Phone Home Work F~ ~ddm~ ~hono Homo Wo~ Fax Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? (~'~es, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. ¼P_ Application must be signed by all owners of the subject property, or explanation given why this is not the case. I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the information provided and that I am responsible for all costs incurred by the City related to the processing of this application consent to the ent~ in or upon the premises described in this application by any authorized official of the City of Me. md f~rpose of inspecting, or of posting, maintaining and removing,such notices as may be required by law. : _~ ~ //3 ("//-,. / Applicant Signature ~/',/~'~ ./ _~--~- Date Owner's Signature ~-~)v~3 ~Y'~. ~-~-' O)'~'~ ~- Date R, ~hrlivic=inn I::v~nmnfinn Annlir..nfinn -1511 - Property Information Search by Property ID Result page Page 1 of 2 Search By: Property TD: 13-117-24-33-0069 Hennepin nty, MN ~~ Property Tnformation Search Result The Hennepin County Property Tax web database is update daily (Monday - Friday) at approximately 9::15 p.m. (CST) Property ZD: Address: Municipality: School Dist: Watershed: Sewer Dist: Owner Name: Taxpayer Name & Address: Parcel Data for Taxes Payable 2005 13-117-24-33-0069 85 ADDRESS UNASSTGNED MOUND 277 Construction year: 3 Parcel Size: IRREGULAR CITY OF MOUND CITY OF MOUND 5545 SHORELINE DR MOUND MN 55364 Most Current Sales/nformation Sales prices are reported as listed on the Certificate of Real Estat, and are not warranted to represent arms-length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Addition Name: Lot: Block: Metes & Bounds: Tax Parcel Description AUDITOR'S SUBD. NO. 170 LOTS 25 35 AND 37 EXCEPT THAT PART LYING W OF SLY EXTENSION OF E LINE OF LOT 7 AND NLY OF A LINE DRAWN PAR WITH N LINE OF LOT 7 FROM A PT ON Note: This is a Partial Metes & Bounds Description. To receive full tax parcel description, email request to taxdescriotion@co.hennepin.mn.us Abstract or Torrens: TORRENS Value and Tax Summary for Taxes Payable 2005 Values Established by Assessor as of 3anuary 2, 20 Estimated Market Value: Limited Market Value: Taxable Market Value: Total Improvement Amount: http ://www2.co.hennepin.mn.us/pins/pidresult 62J 51 2 - 5/25/2005 Property Information Search by Property ID Result page Page 2 of 2 Total Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Property Information Detail for Taxes Payable 20( Values Established by Assessor as of 3anuary 2, 20 Values: Land Market Building Market Machinery Market Total Market: Land Limited Building Limited Total Limited: Qualifying Improvements Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status LAND COMMERCIAL- PREFERRED NON- HOMESTEAD EXEMPT There are no prior year taxes due on this property. 10942 Hennepin County is providing this information as a public service. Tax related questions: taxinfo@co.hennepin.mn,us Need help locating a property on our site? Check out our Search Tips Home J Your County Government J Licenses, Certificates, & Registration Employment & Volunteerinq I Health, Housing, & Social Services J Law, I Safety, & Courts J Environment, Property, & Transportation Copyright © 2004 Hennepin County, Minnesota I www. Hennepin.us Accessibility Policy I Contact Hennepin County I Security/Privacy Statem http ://www2. co.hennepin.mn.us/pins/pidresult.3-_ J 513 - 5/25/2005 Hennepin County Map Server Page 1 of 2 H nepin nbf, MN Click on map to view in:tbrmation on. adjoining properties Scroll down to see property address, value & tax :info Last update: 5/3/2005 at h00 PM READ IMPORTANT DISCLAIMER INFORMATION BELOW Approximato Approximate Property ID Property Perimeter Property Area 13-117-24-33-0069 5,864 ft. 518,275 sq.ft. = 11.898 acres Property Address Market Value Total Tax (2005) ADDRESS UNASSIGNED MOUND, MN 0 $ $ .00 Click on. Property Information Button below to view main tax informat:ion page for the property you have selected The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. Please report any map discrepancies to Bob Moulder (Hennepin County Survey Division) at (612) 348-2618 or via e-mail at Bob. Moulder(~D, co.hennepin.mn.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 800x600 screen resolution. This application requires Intemet Explorer 3.02 or Netscape 2.01 or later version for proper operation. http ://www 19.co.hennepin.mn.us/scripts/esrim~l._5..1. _4.2rne=Hennepin&cmd=Find&VALU... 5/25/2005 CHARTERED -1515- CHICAGO TITLE INSURANCE COMPANY ALTA COMMITMENT Schedule A Legal Description Continued File Number: 26.~Jtg22- ~TThat part of lhe Southwest Quarter of the Southwest Quarter Section 13, Township 117, Range 24, Hennepin County, Minnesota described as follows: Commencing at the southwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 02 degrees 43 minutes 32 seconds East along the west line of said Southwest Quarter of the Southwest Quarter 664.53 feet; thence South 89 degrees 40 minutes 35 seconds Easi 572.01 feet to the point of beginning; thence continue South 89 degrees 40 minutes 35 seconds East 58.66 feet; thence South 02 degrees 43 minutes 3¢. seconds West 149.71 feet; thence South 89 degrees 38 minutes 28 seconds East 100.00 feet; thence North 02 degrees 43 minutes 32 seconds East 149.77 feet; thence South 89 degrees 40 minutes 35 seconds east 113.10 feet; thence southeasterly 490.37 feet along a tangential curve, concave to the southwest, having a radius of 1450.37 feet and a central angle of 19 degrees 22 minutes 18 seconds; thence North 19 degrees 41 minutes 43 seconds East, not tangent to last described curve, 0.60 feet; thence South 70 degrees 40 minutes 24 seconds East 16.10 feet to the intersection with the east line of said Southwest Quarter of the Southwest Quarter; thence southerly along said east line 621.57 feet to the southeast corner of said Southwest Quarter of the Southwest Quarter; thence westerly 648.84 feet along the south line of said Southwest Quarter of the Southwest Quarter to a point 695.78 feet east of the Southwest corner of said Southwest Quarter of the Soutwest Quarter; the, nce northerly 225.19 feet to a point 501.31 feet easterly of the southwest corner of Lot 11, Auditor s Subdivision No. 170, as measured alon~ a line drawn from the said southwest corner of Lot 11 and parallel with the South line of said Sout'fiwest Quarter of the Southwest Quarter; thence continue northerly along last described course 170.00 feet; thence deflect to the left 21 degrees a distance of 169,63 feet to the intersection with the easlerl¥ extension of the centerline of Alley as dedicated in the plat of "McNaught's 2nd Addition to M~und,~r~ Lake Minnetonka"; thence westerly_ along.~ said center,,, line to the intersection, wit. h th.e extension South of the East line of Lot 6, Auditor s Subdivis~on No. 170; thence Northerly along said extension to the southeast corner of said Lot 6; thence Westerly to the southeast corner of the / West 50,00 feet of said Lot 6; thence Northerly along the East line of the West 50.00 feet of said Lot / 6 to ~he North line of the South 10.00 feet of said Lot 6; thence Easterly along said North line to the / Easl line of said Lot 6; thence North 33 degrees 31 minutes 24 seconds East 19.53 feet to the / inlersection with a line bearing South 02 degrees 43 minutes 32 seconds West from the point of / ~t)eg!nn!ng; ~hence North 02 degrees 43 minutes 32 seconds East 100.00 feet to the point of / CAC4 3/98 -1516- DESCRIPTION SKI::: ICH FOI~: CITY OF MOUND LEGAL DESCRIPTION Part of thc Southwest ¼ of thc Southwest ¼ of Section 13, Township 117, Range 24, Hcnncpin County, MJ.nesota described as commencing at the Southwest corner of said Section 13; thence on an assumed bearing North 03010'09" East, 681.85 fcct along the Wcst linc of said Section 13; thence South 86°49'51" East, 999.88 feet to the POINT OF BEGINNING; thence North 18°39'50'' East, 16.55 feet to the Southerly Right-of-Way (R/W) line of H.C.S,A,H. # 15 (per plat #68); thence along thc Southerly boundary of said plat the following :3 calls: 1) 328.86 feet along the arc cfa 1450.37 feet radius curve to the ri8ht, having a de]la aegle of 12°59'29"; 2) North 20008'05' East, 0,60 feet; 3)South 70°14'02'' East, 16.00feet to the West 1/16 lin~ of said Section 13; thence South 01!°59'28' West, 289.51 feet along said 1/16 line; thence North 68°53' 11" W=st, 160.4:8 £e~t; thence North 84°24'2Y' West, 76.03 feet, thence North 58°11'48" West, 68.68 feet; thence North 29022'55" W est, 48.93 feet; thence North 02°02'19" East, 66.23 feet; thence North 04050'44" West, 65.06 feet; thence North 39042'59" West, 14.26 feet', thence North 28°42'33'' West, 45.52 feet; thence North 18039'50" East, 99.90 feetto the POINT OF BEGINNING. Parcel contains 2.638 Acres and is subjeottotheRight-of. Wayof/ H.C.S.A.H. No. 15, per Torrens Certificate of Title No. 860787. S86'49'5 ! "~' 999. POINT 76. 03 I hereby certify tl~at this survey, plea or report wes I prepored by rne,,/~r under my d~'ect super~sion end I thol I om o ~y licensed L~d Sur~ under the iowa of~of Minas*eta. 1'1003002 LANDFORM $10 Fl~t ^va~ No~, 8~t~' Nor~ Bulldl~, S~ ~ Mlnn~ls, MN ~1610 ~.la~o~.~ ~ca~: I~ By: T~VN -1517- Executive Summary Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP, Consulting City Planner DATE: March 26, 2005 SUBJECT: Mound Harbor Renaissance approvals for the Lost Lake site - Preliminary Plat (#05-26) Rezoning (#05-33) Conditional Use Permit (#05-34) Variances (#05-35) Subdivision Exemption (#05-3 8) The above noted cases were reviewed by the Planning Commission at their March 23rd special meeting where motions for APPROVAL were recommended. The only item not reviewed by the Planning Commission was the Subdivision Exemption, which is a City Council review item. The Commission had a number of supportive comments and just a few minor additions to the Staff recommendations for APPROVAL. The attached Resolutions and Ordinance are in order for City Council APPROVAL. The remaining land use review items for the Lost Lake site will be the Final Plat which will come back for City Council review and approval in the upcoming months. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -1518- PLANNING REPORT Hoisington Koegler Group Inc. TO: City of Mound Staff, Planning Commission and Council FROM: Loren Gordon, AICP, Consulting City Planner DATE: May 17, 2005 SUBJECT: Mound Harbor Renaissance - Preliminary Plat (#05-26), Rezoning (#05-33), Conditional Use Permit (#05-34), and Variances (#05-35) APPLICANT: Mound Harbor Renaissance, L.L.C. OWNER: City of Mound and Mound Harbor Renaissance LOCATION: 5377 Shoreline Drive and unassigned Shoreline Drive lands PARCELS: 13-117-24-34-0063 13-117-24-34-0069 13-117-24-34-0075 ZONING: Currently B-1 proposed to change to Pedestrian Planned Unit Development District COMPREHENSIVE PLAN: Pedestrian District I. BACKGROUND The applicant, Mound Harbor Renaissance, has submitted development plans for the Lost Lake District including Preliminary Plat, Conditional Use Permit, Rezoning and variances for a residential/commercial redevelopment project. The residential project includes 37 townhomes and 12,500 square feet building anticipated for office/commercial tenants. Site area is 3.64 acres or 158,734 square feet. Docks to serve the development will also be constructed in the Spring of 2006 atter dredging of Lost Lake is completed. The docks and dredge are not part of the current project approvals and were approved through actions by the Mirmehaha Creek Watershed District (MCWD), Department of Natural Resources (DNR) and Lake Minnetonka Conservation District (LMCD). This preliminary development plan submittal represents the first phase of a three phased project proposed by Mound Harbor Renaissance. Subsequent phases include the Auditor's Road and Langdon Districts which will be developed over the next few years. Previous review of the Lost Lake District occurred in August 2004 with the submittal of the Sketch Plan (#04-05). A copy of the Planning Report is included in the packet materials. Generally, the plan was well received by Staff, Planning Commission and City Council with a few items that were identified as needing additional review. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -1519- p. 2 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 Since the Sketch Plan submittal, the City has adopted an Alternative Urban Areawide Review (AUAR) for the downtown Mound Visions plan area. The AUAR evaluated two development scenarios for the downtown including the City adopted Mound Visions Plan and the Mound Harbor Renaissance development plan. The AUAR was approved by the City Council on January 25, 2005. The proposed development plans are consistent with the Mound Harbor Renaissance Scenario contained in the AUAR. II. DEVELOPMENT SUBMITTALS Preliminary Plat (g05-26) The Preliminary Plat organizes the property into 5 residential blocks (Block 1-5), a commercial block and an outlot (Outlot A). The residential blocks are divided into lots which would be individually held by owners. The lots range in width from 19 feet to 32 feet with depths of ranging from 61 to 80 feet. Outlot A would be owned and maintained by an assoeiatiora The plat boundary along the Lost Lake Greenway is generally offset 5 feet from the trail edge. This boundary will be used to determine the division of the development project and the City owned land. The City will continue to own the Lost Lake Trail and Greenway land which separates the development from the ordinary high water mark (OHW) of Lake Minnetonka. The Preliminary Plat does not dedicate or provide provisions for land that would be transferred or dedicated for public purposes such as roadways or park land. The realigned Shoreline Blvd. right-of-way (C.S.A.H. 15) was previously secured through roadway easements. No additional property is needed for public right-of-way. Fees in lieu of park land dedication in the amount of $46,600.00 will be paid prior to recording of the final plat. Subdivision Exemption As a related application to the Preliminary Plat, the City of Mound is processing a Subdivision Exemption that will be used to split the City owned parcel #13-117-24-33- 0069 into "north" MHR parcel and "south" City of Mound parcel. This subdivision is needed to provide the land area for the MHR Preliminary Plat. The boundaries of the MHR parcel match those of the Preliminary Plat. That application will be processes concurrently with the Preliminary Plat at the May 31, 2005 City Council meeting. Development Plan (#05-34) As mentioned the development project includes 37 townhome units and 12,500 square feet of commercial/office space. The Preliminary Site Plan (Sheet C2.1) shows the layout and arrangement of units on the property. Additional building elevations of the townhome units and commercial/office building are provided in the packet materials. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1520- p. 3 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 Building Design and Material Standards The development plan submission includes a number of building elevations of the townhomes and commercial/office building from various vantage points on and off site. Typical townhomes are grouped into two types: a 27 feet wide unit and a 20 feet unit. Buildings are 3 stories in height and would be regulated by a 35 feet height limit. The PED District does allow for a 50 feet height for commercial and mixed use buildings. Acceptable building materials as outlined in the code will apply to residential and commercial structures. Building material standards are identified in Section 350.651 Subd. 6. Wood lap siding is required as the predominant exterior material for street facing facades. The building sketches show what looks to be a "wood lap siding." Material details are not available at the time of submittal but would be reviewed by Staff at or before submittal of construction plans. To date the developer has given no indication that there is any reason to "relax" the standards in this section. Staff's expectation would be that a majority of the residential and commercial/office building exteriors would be wood. Subd. 6 also prescribes percentages for window area. When this provision was crafted, the purpose and application was for vertically mixed use buildings with first floor commercial or office. Application of this requirement would not be reasonable for the townhouses. Staff would recommend this requirement be waived. Shoreland Management The submittal is consistent with Shoreland Management regulations in Section 350.1200 which include provisions for Planned Unit Developments, density, impervious surface coverage, ordinary high water mark (OHW) setbacks, vegetative management, surface water drainage and roads and parking areas. The proposed development is subject to the requirements under this section. Density The proposed project conforms to all Shoreland Management regulations with the exception of density. This is a difficult provision to comply with when something other than single-family residential development is proposed as the minimum residential lot size standard is 10,000 square feet. Flexibility to density is provided through the Planned Development Area (PDA)/Planned Unit Development (PUD) process to allow additional density when special considerations are incorporated to minimize physical and visual impacts. For this projecl, the development is divided into two tiers, the first having a depth of 200 feet and the second a 267 feet depth. The provided project narrative accurately described and interprets the approach to density flexibility in the two 123 North Third SWeet, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 -1521 - p. 4 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 tiers including the provision that additional will be granted when additional vegetative management is provided. As noted in the table on page 4 of the narrative, a variance of 11 units would be needed to the first tier. Staff concurs with the approach to Shoreland Management density provisions. Impervious Surface The total impervious surface for the proposed project is 74.7 percent which is less than 75 percent allowable maximum. OHW Setbacks The minimum setback for residential structures is 50 feet plus the additional 25 percent increase (12.5 feet) for density increases resulting in a 62.5 feet setback. OHW setbacks in the proposed development range from 50 to 130 feet. The structures on lots 1 and 2, Block 1 are the only two that do not meet the 62.5 feet setback with setbacks of 50 and 55 feet respectively. A variance would be required for these structures that was not previously identified in the application material. Circulation and Parking Access to the site is from Shoreline Drive (C.S.A.H. 15). The newly realigned roadway provides full access movement (east and west bound) to and from the site. A second right-in/fight-out access point is provided at the east end of the commercial parcel. The Fire Chief has requested that two functional access points be provided to the development for emergency access. All internal site roadways are private drives with 24 feet widths at the narrow points. An emergency access point at the western drive along Shoreline is planned for emergency fire fighting. Although Shoreline would not have a curb cut, firefighting vehicles could traverse the curb, drive overland on reinforced ground cover to the private driveway in emergency events as needed. Specific parking standards for the Pedestrian District are found in Subd. 8 which substitute for the general standards found in Section 350.760. The parking standards in the Pedestrian District anticipate parking situations more akin to what is anticipated for Auditor's Road in looking at a shared system. Given the development approach with separated residential and commercial/office uses, the shared approach is not necessarily needed. There will be a cross-easement agreement between the residential homeowner's association and the commercial property to accommodate additional parking for events and gatherings. The townhome units meet the minimum parking requirements for two spaces per unit, one of which is to be enclosed. As noted in the application narrative, some of the smaller 20 feet wide units will have a single enclosed garage stall. Parking in front of the garage doors is provided for each unit. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 3384838 - 1522- p. 5 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 The commercial/office building site provides a total of 52 spaces divided between commercial (5,000 sq. ft. / 1 space per 150 sq. ft. floor area = 33 spaces) and office parking ratios (7,500 sq. ft. / 1 space per 400 sq. ft. floor area = 19 spaces). All spaces are shown at 10 feet by 20 feet to satisfy code minimums. Additional parking standards require that parking areas adjacent to right-of-ways maintain an 8 feet minimum setback which is reflected on the site plan for both, residential and commercial areas. Sidewalks are provided in key areas for pedestrian circulation to link areas of the site to the sidewalk system along Shoreline Blvd. and the Lost Lake Greenway Trail. Parking lot illumination standards are lesser in the Pedestrian District with a 0.6 footcandle intensity. General illumination standards are not to exceed 1.0 footcandles. Landscaping A Preliminary Landscape Plan (Sheet L2.1) is provided with planting schedules and ground cover for treatment of the site. For commercial development, the landscaping requirements in Section 350.725 require a tree for the greater of every 1000 feet of building floor area (12,500 sq. ft. or 13 trees) or 50 feet of site perimeter (925 feet as platted or 19 trees). The plan provides 32 trees (deciduous and coniferous) in addition to a number of ornamental trees and shrubs which exceeds the commercial landscaping minimums° Multiple family landscape standards are also identified in Section 350.725 and require a minimum of one tree for each dwelling unit (37 trees). The plan provides 105 trees (deciduous and coniferous) in addition to a number of ornamental trees and shrubs which exceeds the multiple family landscaping minimums. The plan specifies snowdrift crab trees on the landscape islands adjacent to the garages. These varieties may pose a problem for driveway areas if they are allowed to overgrow. A more columnar shaped tree might be a better selection to avoid the lower hanging branches of a crab which could inhibit driveways and scratch cars. The Pedestrian District parking standards also contain provisions for 25% of vehicular use areas to be shaded by tree canopy at 2/3 of mature size. One other minor detail is to consider groupings of aspens and birch trees along the Lost Lake Greenway side of the townhomes. These trees have a fairly transparent canopy which is beneficial to lake views. Grouping in clusters provides a more natural approach to these plantings. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1523- p. 6 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 Otherwise, the planting approach and schedule more than satisfies the code requirements and does a nice job in complementing the attractive building design. Screening and Buffering Screening and buffering requirements in Section 350.720 apply to the commercial/office parking lot to address the adjacent townhomes to the south. A landscaped median separates the parking area from the private residential drive. Its width averages approximately 10 feet and is planted with a variety of over and under story trees, ornamentals, and coniferous plantings. The materials will provide an effective and varied screen during the spring, summer and fall. Most of the conifers are located on the eastern portion of the median. Because the median is narrow, most conifers would tend to overgrow the parking and driveways. Wetlands Generally, there is very little wetland area on portions of the site proposed for development. Existing wetland areas are located adjacent to the OHW of Lake Minnetonka and on a finger along the southeastern property border. Sheet 3.2 shows the Preliminary Wetland Replacement Plan identifying existing wetlands, wetlands that will be impacted, newly created wetlands and stormwater treatment areas. The wetlands that are impacted are generally the result of the newly created stormwater management system. The City of Mound is the Local Governmental Unit (LGU) with responsibility for administering the Wetland Conservation Act (WCA). The City and developer will be co- applicants for permits associated with wetland impacts. Since the submittal of the development plans to the City, additional revisions to further minimize wetland impacts are being contemplated. All necessary wetland permitting would be a condition of development approvals. Floodplain Floodplain areas adjacent to Lost Lake will be impacted by the construction of storm water ponds. The Floodplain Management Exhibit shows 2,080 cubic feet of impact to lands lying below the 931.0 feet elevation. Mitigation of 26,810 cubic feet is proposed. The areas proposed for mitigation would be coordinated with final grading activities for the Lost Lake Greenway. Grading/Storm Water The AUAR identifies that due to the unknown material and contamination issues in the former City dump site, additional investigation is needed to determine the level of soil remediation. Since the adoption of the AUAR, the developer determined that a full remediation of the dump site would be required to make the residential portion viable. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1524- p. 7 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 Testing for soils and materials has been on-going during this past spring. It is now known that contaminants are present and will be removed. Upon full removal of soils with contamination or poor soils, fill will be brought to the site. Removal will begin as soon after necessary landfill permits are secured which should be shortly after approval of the preliminary plat by City Council. Site grading will occur in normal fashion upon completion of dump site remediation. Stormwater improvements will however be unique. Because of the proximity to the lake, lack of site topography, and limited areas for treatment, more innovative approaches are being contemplated. Sheet C3.1 shows the Preliminary Grading and Erosion Control Plan. Key to and accompanying the grading plan is the Storm Water Treatment Plan which is shown on Sheet L2.2. System components include rain gardens, micropools, dry creeks, and typical ponds. As a part of the Innovative Stormwater Management Techniques described in the AUAR, a unique system will be implemented. This system is the result of additional cooperation fi.om the MCWD to implement projects that are part of the Cook's Bay Water Quality Improvement projects. The MCWD has committed $1,500,000 to downtown Mound Surface Water Management projects. The specific approaches are detailed in the MCWD report, "Supplementing Mound Downtown Redevelopment with Innovative Stormwater Management." The MCWD will be involved in design and review of downtown surface water systems. The proposed approach to surface water management is consistent with the MCWD report. Comments from the MCWD are yet to be received. Utilities Private utilities for the proposed project would connect to public water and sanitary sewer mains in Shoreline Blvd. Both proposed extensions are 8" pipe routed generally along driveways. Individual connections to dwelling units are provided from these mains. The northwest portion of the site is the only area where stormwater runoff would be diverted to existing public systems. Rain garden #5 connects to the Shoreline Blvd. systems and to the regional ponds at the newly constructed C.S.A.H. 15 bridge. The stormwater management system will be subject to easements to cover long term access for maintenance. Easement documentation is not included and would be a requirement of final plat approval. The City and MCWD will need to review and approve these documents. Variance (#05-35) Variances to Shoreland density tiering are being requested to allow an additional 11 dwelling units within the first tier. It should be noted that the second tier has 4 units less than the maximum allowable. A variance to OHW setbacks of 12.5 feet for the dwelling unit on Lot 1, 123 North Third Slteet, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612) 338-6838 - 1525- p. 8 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 Block 1 and 7.5 feet for the dwelling unit on Lot 2, Block 1 would be needed as described previously in this report. Rezoning (#05-33) An amendment to the land use plan (Comprehensive Plan) was recently approved to reguide the property from Destination District to Pedestrian District. The proposed rezoning from B-1 Central Business District to Pedestrian District is consistent with the Comprehensive Plan. The Pedestrian District (Section 350.651) was suggested by Staffas an appropriate district for the project. The uses proposed in the development plan (townhouses, professional offices, and retail sales and services) are all permitted uses. Bulk requirements are specified for OHW setbacks, height, and impervious surface. All other setbacks and related bulk standards are as approved by the conditional use permit (CUP) for the development plan. III. PROCEDURAL ITEMS Conditional Use Permit Review Criteria The Development Plan will be reviewed through the conditional use permit process. In reviewing the application, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed land use upon the health, safety, morals and general welfare of occupants of surrounding lands. Members of the Planning Commission are advised that the conditional use permit review criteria are contained in City Code Chapter 350:525 Subd. 1. CUP Review Criteria City Code Chapter 350:525 Subd. 3 (B) requires that all requests for conditional use permits are reviewed by the Planning Commission. Additionally, City Code Chapter 350:535 Subd. 3 (C) requires that a public hearing is held by the City Council. Procedurally, state statute requires th_at the planning agency and/or governing body must hold a public hearing on all requests for conditional use permits and further requires that a Notice of Public Hearing is published at least (10) days in advance of the public hearing and is also mailed to all property owners within (350) feet. The City Council public hearing is May 31, 2005. Therefore, the Notice of Public Hearing was published in the Laker on May 7, 2005. Additionally, the Notice of Public Hearing was mailed to all affected property owners located within (350) feet on May 12, 2005. 60-Day Review Process Pursuant to Minnesota State Statutes Section 15.99, local government agencies are required to approve or deny land use requests within 60 days. The CUP, ReZOning and Variance 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1526- p. 9 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 applications were received and deemed to be complete on May 2, 2005 and the 60-day timeline expires on or around June 30, 2005. Within the 60-day period, an automatic extension of no more than 60 days can be obtained by providing the applicant written notice containing the reason for the extension and specifying how much additional time is needed. Because the applications were submitted in conjunction with a Preliminary Plat additional time may be taken if determined necessary. IV. RECOMMENDATION A recommendation on the Mound Harbor Renaissance Preliminary Plat and Development Plan submittal package includes the following actions based on submitted applications. Preliminary Plat (#05-26) Staff recommends the Planning Commission recommend City Council approval of the Preliminary Plat as submitted with the following conditions: 1. The Final Plat documentation be titled "Mound Visions Lost Lake Addition." 2. The Final Plat include utility easements descriptions for storm sewer to be reviewed and approved by the Public Works Director. 3. Approval of a Subdivision Exemption of the City owned parcel #13-117-24-34-0069. 4. Payment of park dedication fees in the amount of $46,600.00 prior to the release of Final Plat for recording. 5. Approval of the Conditional Use Permit, Rezoning, and Variance applications. 6. Payment of all related costs for review of the Preliminary Plat application. Conditional Use Permit (#05-34) Staff recommends the Planning Commission recommend City Council approval of the Mound Harbor Renaissance development plans as submitted by Conditional Use Permit with the following conditions: 1. Waiver of window glass provisions identified under Section 350.651 Subd. 6(A) for the townhomes. 2. Conformance with signage provisions contained in Section 350.651 Subd. 7 for the commercial/office building. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1527- p. 10 Mound Harbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 3. Two functional access points at Shoreline Blvd. (C.S.A.H. 15) be provided for site access and emergency response services. 4. Approval of all necessary wetland and floodplain permits. 5. Satisfaction of the comments provided by the Assistant City Engineer contained in the May 11, 2005 MFRA Memorandum. 6. Clustering of Riverbirch and Quaking Aspen overstory trees adjacent to the Lost Lake Greenway as approved by the City. 7. Approval of the Preliminary Plat, Rezoning, and Variance applications. 8. Payment of all related costs for review of the Conditional Use Permit application. Variance (005-35) Staff recommends the Planning Commission recommend City Council approval of the following variances and findings: 1. A variance to Section 350.1235 Subd. 4. (ShorelandDensity) to allow an additional 11 dwelling units within the first tier. Findings: a. The adopted Mound Visions Plan anticipated increased densities in the downtown area within the Shoreland Management Overlay. b. The second tier has 4 units less than the maximum allowable. c. Hardcover for the proposed project is within maximum allowable thresholds. d. Additional vegetative management will be incorporated on the development site and on the Lost Lake Greenway to further minimize visual impacts of residential development. A variance to Section 350.1235 Subd. 4. (62.5 feet setback minimum resulting from density tiering) of 12.5 feet for the dwelling unit on Lot 1, Block 1 and 7.5 feet for the dwelling unit on Lot 2, Block 1. Findings: a. The setback of the dwelling unit on Lot 1, Block 1 is 50 feet which conforms to the minimum OHW setback prior to enactment of the additional 25% setback increase for density tiering. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1528- p. 11 Mound ttarbor Renaissance Preliminary Plat, CUP, Rezoning and Variances May 17, 2005 b. The setback of the dwelling unit on Lot 2, Block 1 is 55 feet which exceeds the minimum OHW setback prior to enactment of the additional 25% setback increase for density tiering. c. The development project contains dwelling units with setbacks of 130 feet which is more than double the minimum required setback of 62.5 feet. Conditions of variance approval include: 1. Approval of the Preliminary Plat, Conditional Use Permit, and Rezoning applications. 2. Paymem of all related costs for review of the Variance application. Rezoning (g05-33) Staff recommends the Planning Commission recommend City Council approval of the rezoning application as submitted to change the property from B-1 Central Business District to Pedestrian District with the following conditions: 1. Approval of the Preliminary Plat, Conditional Use Permit, and Variance applications. 2. Paymem of all related costs for review of the Rezomg application. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 - 1529- CITY OF MOUND RESOLUTION #05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE PROPERTY LOCATED AT 5377 SHORELINE DRIVE PIDs #13-117-24-34.0063, 13-117-24-34-0069, and 13-117-24-34-0075 CASE #05-26 WHEREAS, the applicant, Mound Harbor Renaissance, has submitted a Preliminary Plat application in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statue and all proceedings have been duly conducted thereunder; and, WHEREAS, the Preliminary Plat identifies Blocks, Lots and Outlots, as shown on the plat documentation. The subdivision, as described in the submitted legal description, would divide the property into lots for residential and commercial purposes; and, WHEREAS, the property is proposed to be rezoned as part of other related project development approvals from the current B-1 Central Business District to Pedestrian Planned Unit Development District, which would conform with the Comprehensive Plan guidance as Pedestrian District. The proposed platting of the property conforms with Pedestrian District guidelines for use, bulk and other code regulations; and, WHEREAS, right-of-way for the recently realigned C.S.A.H. 15 (Shoreline Blvd.) roadway was previously secured by Hennepin County through roadway easements and no additional land dedications are needed or required in conjunction with the proposed subdivision; and, WHEREAS, the proposed subdivision will be paying fees in lieu of parkland dedication; and, WHEREAS, the City has considered the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations; and, WHEREAS, the City Council has studied the practicability of the preliminary plat and development plan, taking into consideration to the present and future development of the property and the requirements of the Zoning, Subdivision Ordinances and other official controls. - 1530- NOW THEREFORE, BE IT RESOLVED by the City Council of the City .of Mound, Minnesota: A. Preliminary Plat is hereby approved with the following conditions: The Preliminary Plat drawing labeled as Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City. 2. The Final Plat documentation be titled "Mound Visions Mound Harbor Renaissance Lost Lake Addition." 3. The Final Plat include utility easements descriptions for storm sewer to be reviewed and approved by the Public Works Director. 4. Approval of a Subdivision Exemption of the City owned parcel #13-117-24- 34-OO69. 5. Payment of park dedication fees in the amount of $46,600.00 prior to the release of Final Plat for recording. 6. Approval of the Conditional Use Permit, Rezoning, and Variance applications. 7. Payment of all related costs for review of the Preliminary Plat application. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted May 31, 2005 Pat Meisel, Mayor Attest: City Clerk -1531 - CITY OF MOUND ORDINANCE #05- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING APPROVAL FOR REZONING OF CERTAIN PROPERTIES FROM B-I CENTRAL BUSINESS DISTRICT TO PEDESTRIAN PLANNED UNIT DEVELOPMENT DISTRICT 5377 SHORELINE DRIVE, PID#'S 13-117-24-34-0063, 13-117-24-34-0069 AND 13-117-24-34-0075 CASE #05-33 WHEREAS, the applicant, Mound Harbor Renaissance, has made an application to rezone the subject properties currently zoned "B-I" Central Business District to Pedestrian Planned Unit Development District; and, WHEREAS, the property is proposed for development with residential and commercial/office uses consistent with the proposed zoning district; and, WHEREAS, the proposed rezoning to Pedestrian Planned Unit Development Distdct is consistent with the guided land use in the Comprehensive Plan as Pedestrian District; and, WHEREAS, the proposed rezoning is identified as an implementation component in the Mitigation Plan of the Mound Visions Alternative Urban Areawide Review (AUAR); and, WHEREAS, the proposed rezoning is compatible with land uses surrounding the subject property; and, WHEREAS, the Planning Commission held a public hearing and reviewed the proposed rezoning and recommended City Council approval; and, WHEREAS, said rezoning are in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. that: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound A rezoning of the subject properties from B-1 Central Business District to Pedestrian Planned Unit Development District is hereby approved with the following conditions: Approval of the Preliminary Plat, Conditional Use Permit, and Variance applications. - 1532- b. Payment of all related costs for review of the Rezoning application. The rezonings are supported by the fact that the zoning districts for each property are consistent with the adopted Comprehensive Plan as prescribed by Minnesota Statutes Section 473.865 Subd. 3. The Official Zoning Map be updated to reflect the property rezonings as identified above and so noted by this Ordinance. The foregoing Ordinance was moved by Councilmember seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: and Adopted May 31, 2005 Pat Meisel, Mayor Attest: City Clerk - 1533- CITY OF MOUND RESOLUTION #05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND VARIANCES FOR THE MOUND HARBOR RENAISSANCE LOST LAKE DISTRICT CASE #05-34 AND 05-35 WHEREAS, the applicant, Mound Harbor Renaissance, has submitted Conditional Use Permit (CUP) and Variance applications for the development of land in the Mound Visions Lost Lake District as described in Exhibit A; and, WHEREAS, the development plan has been submitted in a manner to comply with the standards of Pedestrian Planned Unit Development Zoning District (Zoning Ordinance Section 350.651) and other applicable Zoning Ordinance regulations that may apply. As a part of the development plan application are requested variances to the Shoreland Management Overlay District for density and setbacks (Zoning Ordinance Section 350.1235 Subd. 4); and, WHEREAS, the proposed development includes 3.64 acres of land that is proposed for subdivision into residential and commercial parcels. As proposed, the development plan identifies 37 townhome units arranged in 8 building configurations and a 12,500 square feet 3 story commercial/office building; and, WHEREAS, the development plan, consistent with the proposed preliminary plat, proposes no land dedication for public right-of-way, parks or other public purposes. All residential streets and commercial access drives are private to be owned and maintained by pdvate parties. Fees in lieu of land dedication for park purposes are proposed; and, WHEREAS, private streets in the residential area of the development will be private with a 24 feet width minimum. On-street parking would be prohibited to allow for emergency access; and, WHEREAS, the Pedestrian Planned Unit Development Zoning District (350.651) prescribes standards for setbacks from the Ordinary High Water Line (OHW), building height, and impervious surface coverage. All other bulk requirements apply as regulated by Section 350.651 Subd. 6, 7 and 8 and as identified in the development plan. The following development standards are hereby established as detailed on the Site Plan (Sheet C2.1) contained in the development application. PARCEL SIZE ' I 3.64 ac PROPOSED RESIDENTIAL UNITSI 37 DENSITY 12.3 units/acre - 1534- YARD SE[BACKS AND LOT STANDARDS Minimum Lot Size Minimum Lot Width Front Yard Setback Shoreline Drive Side Yard Setbacks Rear and Lakeside (OHVV) Setbacks BUILDING HEIGHT Residential Townhomes Commercial/Office Building LAND USE PLAN ZONING SUBDIVISION STREET DESIGN Not applicable Not applicable As shown on the Site Plan (Sheet C2.1) As shown on the Site Plan (Sheet C2.1) As shown on the Site Plan (Sheet C2.1) 35 feet height maximum 50 feet height maximum Pedestrian District Pedestrian Planned Unit Development District NA - private streets 24 feet Fees in lieu of land dedication 74.7 percent Right-of-way widtl~ Pavement width Park Site Dedication HARDCOVER ;and, WHEREAS, building elevations for the townhomes and commercial/office building are provided with the development materials to show building form and character. Specific. floor plans for residential units and division of the commercial/office building space would be reviewed through the building permit review process; and, WHEREAS, the Landscaping Plan (Sheet L2.1) provides a total of 71 overstory and coniferous tree plantings which exceeds the 56 overstory planting minimum. Additional plantings consist of ornamental trees, deciduous and evergreen shrubs, and perennials; and, WHEREAS, a total of 52 parking spaces are provided for the commercial/office building at 10 feet by 20 feet stall size which meet Zoning Ordinance requirements; and, WHEREAS, the proposed utility system will utilize private water and sanitary sewer services for the residential and commercial/office buildings. These services will connect to public mains in the adjacent Shoreline Drive right-of-way; and, WHEREAS, surface water management systems will be constructed in a manner as shown on the Preliminary Grading and Erosion Control Plan (Sheet C3.1) and the Storm Water Treatment Plan (Sheet L2.2). System components include rain gardens, micropools, dry creeks, and typical ponds. The Minnehaha Creek Watershed District, through an agreement with the City will participate in the review, design and maintenance of these facilities; and, - 1535- WHEREAS, the proposed development plan will have some impact on the floodplain (land that lies below the 931.0 feet contour) that will be mitigated as approved by the City of Mound as the Local Governmental Unit (LGU). WHEREAS, the proposed development will impact existing wetland areas generally located adjacent to the OHW. Through the proposed grading, drainage and stormwater management plan, these wetlands will be mitigated on site in a manner consistent with the Minnesota Wetland Conservation Act (WCA); and, WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and the proposed development is consistent with the Comprehensive Plan, the Mound Visions Alternative Urban Areawide Review (AUAR) and existing land use in the area; and, WHEREAS, at the Planning Commission has recommended City Council approval of the Conditional Use Permit (CLIP) and Variances for the information as contained in the development plans; and, WHEREAS, the Planning Commission and City Council have studied the practicability of the residential and commercial planned developments, variances, taking into consideration the requirements of the City, giving particular attention to the arrangement and location of the street, their relation to topography, water supply, sewage disposal, drainage, building arrangements, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and Comprehensive Plan and other official controls. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Approves a Conditional Use Permit for the Mound 'Harbor Renaissance Lost Lake District development plans with the following conditions: 1. Waiver of window glass provisions identified under Section 350.651 Subd. 6(^) for the townhomes. Waiver of the "wood" lap siding material standard identified under Section 350.651 Subd. 6(B) and substitution with "fibercement board" as a predominant exterior material standard for the townhomes and commercial/office building. 3. Conformance with signage provisions contained in Section 350.651 Subd. 7 for the commercial/office building. 4. Two functional access points at Shoreline Blvd. (C.S.A.H. 15) be provided for site access and emergency response services. - 1536- 5. Approval of all necessary wetland and floodplain permits. 6. Satisfaction of the comments provided by the Assistant City Engineer contained in the May 11, 2005 MFRA Memorandum. 7. Clustering of Riverbirch and Quaking Aspen overstory trees adjacent to the Lost Lake Greenway and any substitutions as approved by the City. 8. Approval of the Preliminary Plat, Rezoning, and Variance applications. 9. Payment of all related costs for review of the Conditional Use Permit application. 10. The City Attorney shall examine title to the property and shall render a title opinion to the city showing the ownership status of the property prior to filing. 11. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official. Certificates will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Director, and Building Official. 12. Developer will reimburse the City for legal, engineering and planning costs incurred for review and approval of these plans. Approves Variances for the Mound Harbor Renaissance Lost Lake District development plans with the following findings and conditions: 1. A variance to Section 350.1235 Subd. 4. (Shore/and Density) to allow an additional 11 dwelling units within the first tier. Findings: a. The adopted Mound Visions Plan anticipated increased densities in the downtown area within the Shoreland Management Overlay. b. The second tier has 4 units less than the maximum allowable. c. Hardcover for the proposed project is within maximum allowable thresholds. d. Additional vegetative management will be incorporated on the development site and on the Lost Lake Greenway to further minimize visual impacts of residential development. A variance to Section 350.1235 Subd. 4. (62.5 feet setback minimum resulting from density tiering) of 12.5 feet for the dwelling unit on Lot 1, Block 1 and 7.5 feet for the dwelling unit on Lot 2, Block 1. - 1537- Findings: a. The setback of the dwelling unit on Lot 1, Block 1 is 50 feet which conforms to the minimum OHW setback prior to enactment of the additional 25% setback increase for density tiering. b. The setback of the dwelling unit on Lot 2, Block 1 is 55 feet which exceeds the minimum OHVV setback prior to enactment of the additional 25% setback increase for density tiering. c. The development project contains dwelling units with setbacks of 130 feet which is more than double the minimum required setback of 62.5 feet. d. The vast majority of building setbacks exceed 62.5 feet. Conditions of variance approval include: 1. Approval of the Preliminary Plat, Conditional Use Permit, and Rezoning applications. 2. Payment of all related costs for review of the Variance application. C. The resolution is adopted for the property legally described as shown in Exhibit "A" The foregoing resolution was moved by Counciimember seconded by Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Adopted May 31, 2005 Pat Meisel, Mayor Attest: City Clerk - 1538- Exhibit "A" - 1539- Mound Harbor Renaissance Preliminary Plat Application April 29, 2005 PLAN RESPONSE TO CITY COMMENTS FROM SKETCH PLAN REVIEW The Lost Lake District Plan submitted for preliminary plat approval is consistent with the Sketch Plan submission. But there have been improvements and modifications made to the plan in response to City and public agency, input during the Sketch Plan review and the Alternate Urban Area Review (AUAR) environmental review process. City comments on the Concept Plan comment were positive on architectural character, building relationship to, and interaction with, the Lost Lake greenway, and the dock concept. Staff asked for further examination of some plan aspects, and we have responded to those comments in the plan as follows: · Site design takes an inward approach and could do better at celebrating its downtown lakefront setting and linkages; the submitted plan orients units to the waterfront to the greatest extent possible, and the waterfront buildings have been split into smaller buildings - to allow for views between the buildings to the greenway and the downtown harbor. · Roadway system is too narrow for Fire Department access. Roads should be a minimum of 20feet width and corner radii should be increased for easier turning movements. Fire trucks must be able to be within 150feet of any portion of a building; All internal drives have been increased to 24 ft., with comer radii appropriate to Fire Department vehicles. · Neighborhood interaction with Shoreline Drive; Buildings either need to "address" the street or greater attention needs to be paid to the views/buffers between the neighborhood and the street; After much discussion with City planning staff, the commercial building was relocated to front on Shoreline Drive, substantially improving interaction with the street; landscaping and buffers have been designed to work with the CR 15 streetscape plan (as shown on the plan documents) · The experience of entering and navigating the neighborhood, visitor arrival experience seems lackluster, no celebration of the lake as part of site circulation; will the streets feel like a group of alleys? No ability to loop through the neighborhood- only dead-ends; the revised plan improves circulation and eliminates dead-end conditions where possible, there are more views between buildings to the lake, and the wider streets and landscaping provided will create a more open, attractive residential community. o Visitor parking throughout the neighborhood isn't obvious; visitor parking is provided for in two ways: 1) each unit has a full driveway apron for "front door" parking; 2) there will be a shared parking agreement with the commercial building to allow visitors to use the south east parking area, closest to the residential area, when needed · Relationship between commercial and residential uses; Commercial building feels like an appendage with little relationship to the rest of the neighborhood; Parking lot for commercial uses conflicts with adjacent town homes; changes to the plan have eliminated most of these conflicts and better integrated the commercial building. · How does the swimming pool amenity relate to the overall neighborhood theme ? Is the pool a goodfit with the anticipated homebuyer profile ?; the pool is a vital part of the character of this project which is expected to attract active people who enjoy the water activities, including swimming, which is not feasible in Lost Lake harbor or channel; the units facing the pool were the first to be reserved by potential residents. · The finger of wetland near Super America will need significant enhancement to become an amenity for adjacent homes.; the revised plan includes the total reconstruction of this poor quality wetland (a former drainage ditch) eliminating a direct source of mn-off into the Lake and creating a tree amenity for the new town homes and the City. -5- - 1540- ~:l'rf oF= MOUNO 5341 Maywood Road, Mound, MN 5364 Phone 952-472-0600 FAX 952-472-0620 Planning Commission Date City Council Date MAJOR SUBDIVISION APPLICATION FEES MUST BE SUBMITTED WITH APPLICATION. CHECK TYPE OF APPLICATION FEE BOX SKETCH PLAN REVIEW $350* ~ $350+$15 per lot * PRELIMINARY PLAT FINAL PLAT $350+$15 per lot * CONDITIONAL USE PERMIT/PDA $350 * ESCROW DEPOSIT $5,000 * VARIANCE $200' · CALL THE MOUND PLANNING DEPARTMENT TO CONFIRM CURRENT FEES. PLEASE PRINT OR TYPE. PROPERTY Subject Address 5~;) ?q INFO Name of Proposed Plat ~ ~ ~O ~ ~ ~~~_ EXISTING Lot I--~ Block LEGAL -' ' DESCRIPTION PID../~'1/¢'Zf-~7¢-.. . APPLICANT The applicant is: ~owner ~other: ~V~~ . Name ~ ~~ ~1.~~. ~, Address /.~/ ~¢~ Phone Home Wor~¢~.~ ~- ~¢ Fax ow. . ..... , - (if other than Address applicant) Phone Home Work Fax Name ~~ SURVEYOR/ /' ENGINEER Address .~ ~ ~, .,on~ ~o~. Wor~ ~/~- Major Subdivision Information (5/10/2005) Page 4 of 4 - 1541 - Description of Proposed Use: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $. RESIDENTIAL DEVELOPMENTS: Number of Structures: ~,r~ Lot Area Per Dwelling Unit: ~1~O O Number of Dwelling Units/Structure: ~ '~_/~ ~ Total Lot Area: JOl~ _h~_ sq. ft. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~>~o. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Application must be signed by all owners of the subject property, or explanation given why this is not the case. any authorized official of the City of Mound for t~ such notices as may be required by law. / ',( Pr,nt'~,l~pli~ant s Name Ob~J[ Ap~ca I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the information provided (including Section 330 of the Mound City Ordinance) and that I am responsible for all costs incurred by the City relatedto the processing of this application, I consent to the ~try i~,or upon the premises described in this application by a]rpos~f i~s ~g, or of posting, maintaining and removing / [/s Sig~e Date Owr~r's Signature Print Owner's Name Date Print Owner's Name Owner's Sigmiture Date Major Subdivision Information (5/10/2005) Page 5 of 5 - 1542- _ CITY OF MOUND Maywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 ZONING AMENDMENT APPLICATION Application Fee and Escrow Deposit required at time of application. Case No. 0 "~ "~,~ City Council Date: Planning Commission Date: Applicant Info Please type or print clearly Name Address Phone Home Fax FOR AMENDMENT TO THE ZONING ORDINANCE COMPLETE THE FOLLOWING It is requested that Section 350: of the Mound Zoning Ordinance be amended as follows: Reason for amendment Zoning Amendment Information (5/10/2005) Page 3 of 3 - 1543- FOR AMENDMENT TO THE ZONING MAP ! ZONING DISTRICT COMPLETE THE FOLLOWING It is requested that the property described below and shown on the attached site plan be rezoned from ~ -1 to ~')_ --- 1~dj~ Address & Address ~,~r~ Legal of Subject Lot~ ~ Bloc~ PID~ 15~l?- Owner of Name Subject Site Address ' Phone Home Work Fax Present Use of Prope~ Reason f°r ~~1~ Amendment " I certify that all of the statements above and statements contained in any required papers or plans to be submitted herewith are true and accurate. I acknowledge that I have read all of the information provided and that I am responsible for all costs incurred by the City related to the processing of this application. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting,~or of posting, maintaining and removing such notices as may be required Applicant's Signature _ Date ~'//~, ( , Owner's Signature i Date / Zoning Amendment Information (5/10/2005) Page 4 of 4 - 1544- CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone 952-472-0600 FAX 952-472-0620 CONDITIONAL USE PERMIT APPLICATION Application Fee and Escrow Deposit required at time of application. CITY COUNCIL DATE: CASE NO. IDistribution: City Planner:. City Engineer: Public Works: Fire Dept. Parks: Other: Please type or print the followin~l information: PROPERTY Subject Address -.~qq ,.,,~ I~tA) ~' Name of Business LEGAL ~ Block Plat APPLICANT The applicantis: Owner y ~or: ~~ ~ 0~~ ~ Phone Home Wo~ 2~' ~9~ Cell E-Mall Address Fax OWNER (if other than Address ~[ ~~ ~ ~ Phone Home. Wo~ Cell OR ENGINEER Phone Office ~IZ '~Z'~ ~ Cell Fax ZONING Circle: R-1 R-lA R-2 R-3 B-1 B-2 B-3 DISTRICT Conditional Use Permit Info (5/10/2005) Page 4 of 4 - 1545- Description of Proposed Use: ~J ~ -'~ EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited ~o traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. .---/~j'~'r~ ~ ,~_,~_, ~-~'o~3v~ ~/z.4~_~ If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, 't~no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. t~)I /~~ ~ /tJ~lX~ ~;t~ll~ ~ran/ Application must be signed by al/ owners of t~f~ explanation given why this is not the case. Print Applicant's NameLy', '~ App'~lcarl '~ Signa~e Date / Print Owner's Name Owne/s Signature Date / Print Owner's Name Owner's Signature Date City Code Section 350:525 relating to Conditional Use Permits must be reviewed by the applicant. If applying for a two family dwelling, City Code Section 350:630, Subd. 4. must be reviewed by the applicant. Conditional Use Permit Info (5/10/2005) Page 5 of 5 - 1546- CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone 952-472.0600 FAX 952.472-0620 VARIANCE APPLICATION Application Fee and Escrow Deposit required at time of application. Planning Commission Date ~A-~ ~.5 / ~oo ~' Case No. (~)~- City Council Date ~A¥ 71 j poo~' , Please type or print legibly PROPERTY Lot 5 I-°t 4r~' ~Lo~.~S I-b Block LEGAL ZONING DISTRICT R-1 R-lA R-2 R-3 ~ _ B-2 B-3 Address Phone Home Work Fax APPLICANT Name (IF OTHER OW~fi~) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property?. Yes ('~ No (). If yes, list date(s) of application, action taken, resolution number(s) and provide copies of r(~solutions. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Information (5/10/2005) Page 4 of 4 - 1547- Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ~l'No ~,~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback,'lot'area, etc.): REQUIRED SETBACKS: REQUESTED (or existing) VARIANCE Front Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. fto Street Frontage: ft. ft. ft. Lot Size: sq ft .sq ft sq ft Hardcover: sq ft .sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes,~ No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ( ) too small ( ( ) too shallow ( ) shape Please describe: /VII~J¢__.~ ~ :~¢~11¢-~ ) topography ( ) soil ) drainage ( ) existing situation other: specify Variance Information (5/10/2005) Page 5 of 5 - 1548- Case No. (~)~'3..~) 6. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~. If yes, explain: 7. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No~:x~ If yes, explain: 8. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~:~, No (). If no, list some other properties which are similarly affected? Comments: ,/~"~.~¢.'r'-z~-- ~ ~,J~L. J~oId. D dl~lo.dS' ~bA.i,.l.,7 -"r'i.J~ ~.- i cerziry that all o'f the above statements and the statements con[a~neo ~n any required papers or plans to be ~ submitted herewith are true and accurate. I acknowledge that I have read all of the variance information ~ provided. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such ~i~i~ notices as may be required by law. Owner's Signature flicant's Signature Variance Information (5/10/20o5) Page 6 of 6 Date - 1549- COMBINED JOINT NOTIFICATION FORM - WATER RESOURCE APPLICATION Use this form to notify/apply to the City of Mound, their engineering consultants, the DNR, and the Minnehaha Creek Watershed District of a proposed water/wetland project or work that falls within their jurisdiction. These agencies should advise you of their requirements within 10 days. Fill out this form completely and mail a copy, with plan, maps, etc. to the City of Mound, 5341 Maywood Road, Mound, MN 55364. Keep a copy for your records. YOU MUST OBTAIN ALL REQUIRED AUTHORIZATIONS BEFORE BEGINNING WORK. APPLICANT NAME APPLICANT AD~)RESS PROJECT ADDRESS PROPERTY I.D. NUMBER CITY STATE CITY STATE ZIP ZIP LENGTH OF SHORE AFFECTED (FT) ~ VOLUME OF FILL OR EXCAVATION (CY) AREA FILLED OR EXCAVATED IS -- ACRES, OR ---- SQUARE FEET. TYPE OF PERMIT BEING APPLIED FOR: (Check all that apply) y FLOODPLAIN ALTERATION .~TORM SEWER OUTFALLS APPLICANT'S EPRESENTATIVE: (Licensed Contractor, Engineer, etc) ADDRESS CITY STATE ZIP PROJECT PURPOSE (Why is this project needed - what benefits will it provide?) ,/~ oJ~,::~-' ¢0 /- ,~ ¢_._ /:~ ~-,'~' c~...¢'~"~"~5-- /-//tJ ~-~-r $ ?;//,-,~ ZP r~ ¢-~/ /-~ ,/¢4./Z.¢ /,'¢-x/~/,,C,0~E' ALTERNATIVES (Describe any other sites or methods that could be used to achieve the purpose of your project while avoiding or minimizing water/wetland impacts. Attach additional sheets, if needed. DATES: Proposed start of activity: /o/,///~5.-- Proposed completion: '7 ~.. (Identify any completed work on attached drawing.) NAMES & ADDRESSES OF ADJOINING PROPERTY OWNERS (Attach list if more) PERMITS HAVE BEEN RECEIVED ® OR APPLIED FOR (A) FROM __ __ COUNTY ?_ CITY__ MN POLLUTION CONTROL AGENCY I hereby notify the recl other det~ ~nir~ns require/d ~ pena~_e~ Signatt~ DNR ARMY CORPS OF ENGR 3lents of this form of the project proposed herein and request I be advised of any permits or o rning this project that I must obtain. I understand that proceeding with work before all btained may be subject to Federal, State and/or local administrative, civil and/or criminal ~f Pers~Proposing Project or Agent DatF'/~b '-¥'- - 1550- INSTRUCTIONS - PLEASE READ CAREFULLY A copy of this form, with copies of all plans, drawings, etc. should be sent to each agency indicated below. Please check the appropriate spaces to show everywhere you are sending this form. Remember to keep a copy for your records. __ Minnehaha Creek Watershed District (MCWD) __ Minnesota Department of Natural Resources (MDNR) Regional Office r __ US Army Corps of Engineers (ACOE) at: Dept. of the Army, Corps of Engineers, St. Paul District- ATTN: CO-R, 190 Fifth Street East, St. Paul, MN 55101-1638 Note: The agencies above may provide a copy of your completed form to the Minnesota Pollution Control Agency (MPCA). MPCA water quality issues may apply to your proposed project. ATTENTION (from USDA): Any activity including drainage, dredging, filling, leveling or other manipulations, including maintenance, may affect a landuser's eligibility for USDA benefits under the 1985 Food Security Act as amended. Check with you local USDA office to request and complete Form AD-1026 prior to initiating activity. IMPORTANT: Some agencies, including the Corps of Engineers and the MDNR accept this form as a permit application form. If you wish this form to constitute an application to the Corps and/or MDNR for any necessary permits for your projects please carefully read the following information and sign where indicated. Application is hereby made for a permit to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the auth.ority_to undertake the proposed activity or I am acting as the duly authorized agent of the L Sign~UY~/f ¢li~:'ant Da~e / Signature of Applicant Date NMe: The person who desires to undertake the proposed activity must sign the application (Applicant) or it may be signed by a duly authorized agent if the information requested below is provide. Agent's Name & Title: Agent's Address: ~7~"' ~Z~,~ Agent's Telephone: 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. - 1551 - NOTICE OF A PLANNING COMMISSION PUBLIC HEARING TO CONSIDER PRELIMINARY PLAT AND DEVELOPMENT PLAN APPLICATIONS FROM MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC FOR LOST LAKE DISTRICT NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:00 p.m. or as soon as possible thereafter on Monday, May 23, 2005, to hold a public hearing to review the preliminary plat and development plans for the Lost Lake District which were submitted by Mound Harbor Renaissance Development, LLC (MHR) which includes 37 townhomes and a 12,500 SF commercial/retail building to be constructed on the subject properties referenced below: PID Prope~¥ Address 1311724330069 N/A 1311724340075 N/A 1311724340063 5377 Shoreline BIvd Information regarding the application is available for viewing at City Hall during regular office hours or by appointment. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting By: Jill Norlander Planning and Building Inspections Published in the Laker May 7, 2005 - 1552- ~ Il, Page 1 of 1 Sarah Smith From: To: Sent: Subject: "Julie Ekman" <julie.ekman@dnr.state.mn.us> <SarahSmith@cityofmound.com> Friday, May 13, 2005 8:43 AM Preliminary Plat, Lost Lake Hi Sarah, I have reviewed the plat as it pertains to Shoreland Management issues. We appreciate innovative efforts to treat storm water and are pleased to see the utilization of dry-stream beds, rain gardens, and wetlands! This will be a good example of methods to reduce and treat runoff from sites with a high percentage of impervious surface. The dry-bed that runs parallel to Townhome D-2 looks like it must make a sharp V-turn to reach Wetland #1-- there appears to be a small depression at this intersection of dry beds--will this provide adequate attenuation of the higher storm water flows so that the flow can change directions without scouring? Thank you for the opportunity to review this proposal. Please call if you have any questions or wish to discuss my comments. Sincerely, Julie Julie Ekman, Area Hydrologist West Metro, Central Region 3 Mn Department of Natural Resources-Waters 1200 Warner Road St. Paul, MN 55106-6793 (651) 772-7919 (651) 772-7977 fax julie, ekman(-~,dnr.state.mn.us Visit DNR Waters' website at: http ://www. dnr. state, mn. us/w at ers/ - 1 553- 5/16/2005 MEMORANDUM DATE: MAY 11, 2005 - FRA TO: SARAH SMITH, COMMUNITY DEVELOPMENT DIRECTOR FROM: BOB DEHLE ,I~)ASSISTANT CITY ENGINEER SUBJECT: MOUND HARBOR RENAISSANCE LOST LAKE PRELIMINARY PLAT REVIEW MFRA File No. 13832 I have reviewed the preliminary plat for the Lost Lake area of the downtown redevelopment. The following list is my comments on the utility portion of the preliminary plat: 1. 'Loop' water main on site to the water stub west of the main entrance. See attached as-built. 2. The northerly townhome in cluster D-1 has a 2" water service and all the other townhomes show a 1" service. 3. Is it a problem to have water main through rain garden #5? 4. The Mound Fire Chief shall approve fire hydrant locations. 5. Install polyethylene wrap around all water main. 6. Will the high ground water create any buoyancy conditions for the PVC sanitary sewer? 7. 8" sanitary Sewer stub not installed in MH 316. 8" sanitary sewer stub installed from MH 3 about 66' long. Please let me know if I can offer more assistance. 15050 23"~> AVENUE NORTH PLYMOUTH, MN 55447 - 1554- BDEHLER@MFRA.COM (763)476-6010 FAX (763) 476-8532 MINUTES MOUND ADVISOR ' I'ANNING COMMISSION MAY 23, 2005 CALL TO ORDER Chairman Michael welcomed the public and called the meeting to order at 7:06 p.m. ROLL CALL Those present: Chair Geoff Michael; Commissioners: Jorj Ayaz, Becky Glister, Cklair Hasse, David Miller, Michael Mueller, Dave Osmek. Absent: Jon Schwingler. Staff present: .Community Development Director Sarah Smith, Planner Loren Gordon and Recording Secretary Jill Norlander. BOARD OF APPEALS PUBLIC HEARING CASE NO. 05-26 PRELIMINARY PLAT CASE NO. 05-33 ZONING AMENDMENT CASE NO. 05-34 CONDITIONAL USE PERMIT CASE NO. 05-35 VARIANCES LOST LAKE DISTRICT APPLICANT: MOUND HARBOR RENAISSANCE DEVELOPMENT LLC The applicant's representative, Tom Stokes, gave an overview of the development team, the broad scope of the project, and a specific look at the Lost Lake area. Questions Ayaz asked if the debris from the bog dredge has to stay in Lost Lake. Gordon and Smith both acknowledged that it did. Mueller inquired if the siding choice was acceptable according to Mound Code or did it need to have a variance. Gordon thought the intent of the code was to provide a "lap look" as well as durability. Staff is comfortable with the product. Loren Gordon introduced the items under consideration. Mueller wanted to know if the original reason behind the city holding onto the "dump" piece was to offer it to a developer and was their proposal consistent with that plan? Gordon said yes. Gordon summarized the development plan as follows: building design, standards and heights meet code; commercial could be as high as 50', residential 30'; pedestrian - 1556- Planning Commission Minutes May 23, 2005 district prescribes window area requirements - it's fine for the commercial but 50% for residential doesn't work; staff is comfortable with waiving those requirements; shoreline density will be an issue, basically I unit for every 10,000 SF; variance is required for the Ist tier requirement; impervious surface plan is below the maximum; setback from the OHW is 62.5 ff - only 2 units require a variance to the OHW setback; circulation traffic movement - 1 full service drive and 1 right turn only access to and from the east (primarily for commercial building needs); parking spaces are adequate to the excess; pedestrian connection through the development is adequate; lighting proVisions are adequate; landscaping plan includes: landscaping, buffering and plantings and exceeds requirements - some re-arrangements of the shoreline plantings will be suggested; floodplain compensation has been adequately addressed; grading and stormwater - will be treated more naturally - three rainwater ponds that move water to the lake; storm water management techniques will be utilized; water and sewer will be private mains; the only public utilities will be the storm water and related systems. The standards for rezoning to a pedestrian district are being met either by design or by PUD. Smith asked if all 3 parcels are to be rezoned. Gordon thought we might as well do all 3. No impact one way or another. Mueller asked why some rear yard setbacks are as little as 3 or 4 feet. Gordon said it depends on where the lines are drawn. Based on ped district the setbacks are best looked at as part of the whole rather than individual lots. Mueller inquired about handicapped parking for the commercial dwelling? Gordon replied that they are indicated on the drawings and will be addressed specifically during the building permit process. Mueller wondered if the conifer trees on the buffer would grow into the parking areas effectively reducing the total amount of parking. Gordon said they may potentially hang over some although due to the small planting area they may not reach full maturity size. PUBLIC HEARING No response. Public hearing closed. MOTION by Osmek, seconded by Mueller, to approve the preliminary plat as recommended by staff, acknowledging that utility easement for water and sanitary sewer will not be needed. Mueller was concemed about the proximity of the public trail to the closest residence. It is tight but an existing condition at time of purchase. MOTION carried unanimously. - 1557- Planning CommissiOnMay 23,Mi2~ Findings of Fact: Hennepin County letter was reviewed and felt right entry, right exit ~r~, would not be a detriment to traffic and was necessary to provide a functional purpose to the commercial zone and to allow access on the east end. Osmek stated that requiring the commercial traffic to weave through the residential area is considered a hardship. The right hand lane on the east bound traffic is completely identified as a drive lane. MOTION by Mueller, second by Osmek, to approve the Conditional Use Permit including the recommendations by staff, and including the responsible maintenance of escrow monies and approval of cement/fiber siding at a quality not less than the sample demonstrated at this meeting. MOTION carried unanimously. MOTION Mueller, second by Miller, to approve a variance to Section 350.1235, Subd. 4 to allow an additional 11 dwelling units within the first tier and a variance of 12.5 feet for the dwelling unit on Lot 1, Block 1 and 7.5 feet for the dwelling unit on Lot 2, Block 1 including the conditions as outlined in the Planning Report. MOTION carried unanimously. Finding of Fact: The vast majority of lots are outside of 62.5 ft setback minimum. MOTION by Osmek, second by Mueller, to approve the rezoning from B-1 Central Business District to Pedestrian District with conditions as outlined in the Planning Report. MOTION carried unanimously. Findings of Fact: This property has always been viewed as residential in regards to the Comprehensive Plan. Mueller wished to express his pleasure at having reviewed a subdivision plan that was very complete and comprehensive. Kudos to the developers for putting something together that worked well. ADJOURNMENT MOTION by Hasse to adjoum. Seconded and carried by affirmation at 8:28 p.m. Chair Geoff Michael Attest, Planning Secretary - 1558- May 11, 2005 Dear Property Owner: The concept and sketch plans for the Mound Harbor Renaissance (MI-IR) project for the redevelopment of downtown Mound were reviewed and approved by the City of Mound in 2004 and include the Lost Lake, Auditor's Road and Lake Langdon Districts. Tentatively, it is anticipated that construction in the LoSt Lake District will begin in June. The current lVlHR proposal for Lost Lake includes 37 townhomes and a 12,500 SF commercial/retail building. From a procedural standpoint, several land use permits are required for the Lost Lake project including but not limited to, preliminary plat and development plan, planned development area-conditional use permit, rezoning and variance(s). As you may be aware, state statute requires that public hearings are held. The purpose of this correspondence is to notify you that your property is located within the required notification area. Therefore, copies of the upcoming public hearing notice(s) to be held by the Planning Commission on Monday, May 23, 2005 at 7:00 PM and the City Council on Tuesday, May 31, 2005 at 6:30 PM are being forwarded. On behalf of the City of Mound, I would like to cordially invite you to attend these meetings'regarding the Lost Lake project. In 'the event you have any questiOns or require any additional information, please do not hesitate to contact me at (952)472-0604 at your convenience. I will be happy to answer any questions you may have. Community Development Director SJS - 1559- - 1560- MAY-23-200S 11:19 FROM PUBLIC WORKS TO 99S247~620 P.0~×02 Hennepin County Transportation Department 600 Prairie Drive Medina, MN ~5340-$421 763-745-7500, Phone 763-478-~000, FAX 765-478-4030,?[~D www, co.hennepin,mn.us Ms. Sarah Smith, Planner City of Mound 534I Ma. ywood Road Mound, MN 55364 Dear Ms. Smith: May 24,2005 Re: Preliminary Plat- Mound Harbor CSAH 15, Southwest of CYFress Lane Section 13, Township 117, Range 24 Hennepin County Plat No. 2897 - Review and Recommendations Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. County staff met with the City Public Works Director and the developer on April 28 to discuss the proposed new access driveway shown on the site plan. The Plat Review Commi~ee then reviewed the site plan at its regular meeting on May 3, 2005. The City submitted the preliminary plat on May 6. The following comments are provided for your consideration. The existing CSAH 15 right of way is adequate since the land necessary for the rcconslraetion project (CP- 9417) was acquired as part of the project. The County does not support the proposed right-in / right-out driveway at the plat's northeast corner for the following reasons: l) The driveway would not meet County Access Spacing Guidelines of 1/8 mile (660 feet) for partial move entrances. It is located approximately 200 feet from main site access (where full movements are provided) and about 50 feet fi,om Super America driveway to the east. 2) The driveway would introduce a number of vehicle conflicts due to turning, decelerating, and accelerating vehicles. 3) The driveway would be located in a difficult area where many other vehicle maneuvers are oecunSng. In the area immediately to the east, vehicles ente~ and exit from the SuperAmerica and at Cypress Lane. Also there is an eastbound lane drop in this vicinity where the new 4-lane divided roadway transitions back to thc existing 2-lane road. 4) We believe that the main access that was developed with the City as part of the road improvement project would adequately serve this site. If the City believes that an alternate access is needed for emergency vehicles, we would be willing to share some examples of surmountable designs used by a number of other cities. As always, please inform the developer that all proposed construction within county fight of way requires an approved I-Iennepin County permit prior to beginning construction. This includes, but is not limited to, driveway and street access, drainage and utility construction, trail development, and landscaping. Appropriate forms cma be obtained by contacting our Permits Section at 763-745-7601. Please direct any response to Dave Zetterstrom at 763-745-7643. JNG;DKZ:dw/rqb Sincerely, James N. GYube, P.E. Director of Transportation and County Iingineer Plat Review Committee - Byers / Drager / Hole[ / $ohnson / Lemke / Lindgren / Wiebe / Ze£terstrom Rob Wied, ~l~rO~foo'Kil~S~l~rOffice -1561 - TOTAL P. Notice of Rmeipt of Preliminary Plat Preliminary plat: I Mound Harbor Renaissance I Location: I CSAH-I$ / Cypress Lane Received on: I May 6, 2005 I County Plat Review Number: ~ The submittal is: ! I Complete (the 30-day county review process has started). Subslantmi!y complete. Gui,/nfinor items of information me nfissing. The 30-day comity review process has stat~ed. Incomplete due to the foll6~ingmissing items: This plat will be reviewed at lhe next-County Plat Review Committee meeting scheduled on:I Ma), 9, 2005 ] Once the review is complete (possibly including follow-up reviews and discussions), a letter response will be sent noting our comments. Thank you for your cooperation. Questions or comments can be directed to either Dave Zetterstrom (763) 745- 7643 or Bob Byers (763) 745-7633. - 1562- SUBDIVISION AGREEMENT MOUND HARBOR RENAISSANCE DRAFT 5/26/05 AGREEMENT is dated as of the __ day of ,2005, by and between the City of Mound, a Minnesota municipal corporation, (the "City"), and Mound Harbor Renaissance Development, LLC, a Minnesota limited liability company, (the "Developer"). Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Mound Harbor Renaissance, which land is legally described on Exhibit "A", attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property"). Plat Approval. The City has approved the final plat via Resolution #05-__, attached as Exhibit "B"; preliminary plat via Resolution #05- , attached as Exhibit "C"; [identify and attach any other resolutions granting land use approvals]. Effect of Subdivision Approval. For two years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved preliminary plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. Development Plans. The Subject Property will be developed in accordance with the following plans, approved copies of which are on file with the City. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans include: [identify documents] On-Site Improvements. The Developer shall pay for and install or cause to be installed, the following improvements to be installed within the boundaries of the Subject Property in accordance with plans reviewed and approved by the City: A. Sanitary sewer B. Water C. Storm sewer D. Streets - private JBD-261802v3 MU195-15 - 1563- Eo Jo Sidewalks and trails Street lights and site lighting Setting of lot and block monuments Gas, electric, telephone and cable lines Landscaping, including plantings, seeding and installation of landscape irrigation systems Site grading Stormwater treatment facilities which include rain gardens, dry creek beds and wetlands 0 (Hereinafter referred to as the "On-Site Improvements") And other items as necessary to complete the development as stipulated herein. The locations of the On-Site Improvements are as shown on the plan following plan sheets on file and of record in the office of the City Clerk: [List all relevant plan sheets] None of the On-Site Improvements will be constructed until the City has reviewed and approved the plans and specifications which review shall be consistent with standard city practices. Time of Performance. Subject to the Mound HRA completing on or before ., the work described in paragraph 4.10 fot eh Contract for Private Redevelopment between the Housing and Redevelopment Authority in and for the City of Mound, Minnesota, and the Developer, the Developer shall install, or cause to be installed, the On-Site Improvements, enumerated in Paragraph 5 by not later than December 31, 2007 subject to weather. The Developer may, however, request additional time to complete from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Off-Site Public Improvements. The following improvements, which benefit and serve the Subject Property, and other properties are to be built in the Off-Site Area as shown on the attached Exhibit A: mo B. C. D. Greenway Trail and Appurtenances. (As depicted on Exhibit ~) Docks and related facilities (As depicted on Exhibit ) Dredge (As depicted on Exhibit ) Stormwater treatment facilities, including rain gardens, dry creek beds, wetlands. (As depicted on Exhibit __) and (Hereinafter referred to as "Off-Site Public Improvements") 2 - 1564- The Off-Site Public Improvements 7B and 7D will be constructed by Developer in accordance with plans and specifications reviewed and approved by the City, and in accordance with the procedures approved by the City. Off-Site Public Improvements described in 7 A and 7C above will be constructed by the City. Off-Site Public Improvements 7B, 7C and 7D will be paid for by the Developer, subject to the Developer's right to repayment of the Developer and City reimbursements under the Funding Agreement with MCWD as to 7D. Off-Sim Public Improvements described in 7 A will be paid for by the City. Prior to acceptance of the Off-Site Public Improvements constructed by the Developer, the Developer's engineer will certify to the City that the Off-Site Public Improvements have been constructed in accordance with the approved plans and specifications. 8. Public Infrastructure Improvements. The following Public Infrastructure Improvements will be constructed by the City, or other governmental authority having jurisdiction over such project: County Road 15 Streetscape (as shown on Exhibit __) County Road 15 Curb and Gutter (as shown on Exhibit Construction will be in accordance with the plans and specifications reviewed by the Developer. The Developer agrees to be assessed for the cost of construction of such Public Infrastructure Improvements, and agrees to execute the Petition and Waiver Agreement in substantially the form of the attached Exhibit "H", waiving the right to challenge assessments for such Infrastructure Public Improvements up to $85,000. Securi~. for Cost of Developer Installed Improvements. To guarantee compliance with the terms of this Agreement relating to the installation of and payment for the improvements listed in the following schedule, the Developer shall deposit in a recognized lending institution funds and execute and deliver to the City a Disbursement Agreement covering said funds ("Security") in the amount of $ [insert amount] which is 125% of the estimated cost of the relevant Improvements. The amount of the security was calculated as follows: Cost 125% Total The form of the Disbursement Agreement shall be subject to the approval of the City Attorney. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developer's default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within ten business days of receiving notice; the City may draw on 3 -1565- 10. 11. 12. 13. 14. 15. the Security. With City approval the Security may be reduced from time to time as financial obligations are paid and the Improvements are completed to the City's requirements. No work shall be commenced under this Agreement until the funds have been deposited and the Disbursement Agreement has been executed and delivered to the City. Grading Plan / Site Grading. Site grading shall be completed by the developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the clean up of the former city dump by the City and the construction of any Public Infrastructure Improvements to be installed by the City. Developer shall furnish the City with a certification that the site grading is completed in accordance with the approved plans and specifications. If the installation of public utilities, or dump clean-up is occurring simultaneously to the grading, such activities shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the Subject Property and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. License. Each party hereby grants to the other, its agents, employees, officers and contractors a license to enter the ~ Subject Property or the Off-Site Area to perform the contemplated under this Agreement and all work and inspections legally required by the City during the City Dump clean up. Each party, as grantee of such license hereby indenmifies and agrees to defend and hold harmless the other party as grantor from any claims or causes occasioned by or arising out of said grantees activities pursuant to the license. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the Developer shall comply with all erosion control measures required by the City and the Minnehaha Creek Watershed District permit. The City will meet all such requirements prior to commencement of dump clean-up activities. Erosion Control measures in place at the conclusion of the City's dump clean-up activities will be left in place if requested by the Developer. Landscaping. The Developer shall irrigate, grade and install sod or seed and landscape plantings, and landscape the Subject Property in accordance with the Landscape Plan and specifications on file with the City. The City may refuse to issue a certificate of occupancy for the last units until all landscape work has been completed. JBlank] Maintenance. The City shall be responsible for maintaining all park and trail improvements following construction and acceptance. The City and the Developer will enter into a Dock and Dock Facility Maintenance Agreement in substantially the form of the attached Exhibit __ at the time the Dock and Dock Facilities are accepted by the City. 4 -1566- 16. Clean up. The Developer shall clean streets of dirt and debris that has resulted from erosion, siltation or construction work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City Public Works Director, or designee, will complete or contract to complete the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 12. The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of erosion/siltation and restore to the original condition at the end of construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the security as described in Paragraph 9. 17. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, those improvements designated in this Agreement as Off-Site Public Improvements and Public Infrastructure Improvements will become City property without further notice or action. All other improvements required to be constructed under this Agreement will be the property of the Developer. 18. Warran.ty. The Developer warrants all work required to be performed by it against defective material and faulty workmanship for a period of two years after its completion and acceptance by the City. All trees and grass shall be warranted to be alive, of good quality and disease free for two years after planting. 19. Responsibility for Costs. Except as otherwise specified herein, the Developer shall pay all costs and charges imposed in conjunction with the development of the Subject Property by the Soil and Water Conservation District, and the Minnehaha Creek Watershed District. In addition, the Developer will reimburse the City' for all third party legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subject Property. Developer will pay all accrued but unpaid costs, charges and expenses at the time of execution of this agreement. Estimated future costs are described in paragraph C below. ii. Except as to the negligence, bad faith or the intentional torts of the City, the Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The provisions of this subparagraph ii shall not be construed as limiting, in any way the right of the 5 - 1567- Do Developer to commence and prosecute actions against the City for breach of this Agreement. The Developer shall reimburse the City for pre-agreement costs incurred for the preparation of this Agreement (and not included in the amounts described in paragraph A above), for costs incurred in the enforcement of this Agreement, including engineering, planning and attorney's fees. The Developer shall deposit with the City at the time this Agreement is signed an escrow deposit of $15,000. Such amount is the estimated amount of such costs. The deposit will be security for Developer's obligation under this subparagraph C, and the City may apply the escrow to the payment of all costs covered by this paragraph. In the event that the amount of the deposit is reduced below $5,000, the Developer will have five business days following written notice of such to make a sufficient additional deposit to return the balance to at least $5,000. Any unused portion of the escrow will be returned to the Developer within 15 business days after the issuance of the final certificate of occupancy for the Development. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. 20. The Developer shall pay the following connection and availability charges at the time a building permit is issued: Metropolitan Council Environmental Services Availability Charges per SAC unit. (Less and credits available to the Subject property). If building permits are issued before the actual charge is determined, the Developer will deposit with the City $1150/unit in the building for which the permit is requested. If the actual charge is less than the deposit, the difference will be promptly refunded to the Developer. ii. Water Connection Charge per unit (waived*). iii. Sewer Connection charges per unit (waived*). D. Trnnk Area Water Charge (waived*) (* The waivers to items B, C and D are made as an inducement to cause the Developer to undertake the development ) 6 -1568- 21. Occupancy Permits. In addition to the other requirements for the issuance of an occupancy permit, unless otherwise authorized in writing by the Public Works Director, no occupancy permits shall be issued until (as to the unit to which the permit relates): i. The site grading is completed and approved by the City. ii. All utilities are tested and approved by the City, and have been placed in service. iii. All street curbing is installed and backfilled. iv. The first lift of bituminous for the street is in place and approved by the City. v. All building permit fees are paid in full. 22. 23. 24. Assessment for Certain Improvements. The Developer desires to have the Right -of Way Public Improvements constructed to serve the Subject property. The Right-of-Way Public Improvements include, without limitation, the improvements listed as such in Section 8 of this Agreement. As an inducement to the City's agreement to construct the Right-of-Way Public Improvements, the Developer agrees to execute and deliver to the City not later that 30 days following the execution of this agreement, a Petition and Waiver Agreement in substantially the form of the attached Exhibit "H". Upon receipt of the Petition and Waiver Agreement executed by Developer, and upon receipt of an opinion of counsel that the City has the authority to enter into the Petition and Waiver Agreement, the City will approve and execute the same. Providing for Current Services. The Developer acknowledges that the City intends to provide for current services in accordance with the provisions of Minnesota Statutes, Section 429.101, and to annually assess properties for the cost of those services performed within such district which are not available elsewhere in the City and are over and above the type, or the level of services funded by the general fund of the City, including, but not limited to landscape repair and maintenance, irrigation, snow and ice removal, sidewalk cleaning, repair and maintenance of streetscape, sidewalks, lighting and rubbish removal. The City estimates that the amount of an annual assessment that might be levied against the Subject Property would be in the range of $2,500-$4,000 annually. The Developer supports the concept of a special service district in accordance with Minnesota Statutes, Chapter 428A, and agrees to the annual imposition of fair and equitable assessments for current services on the Subject Property during years that it is owned by it. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall, upon written notice from the City, promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, which notice shall be of sufficient length to allow the Developer to complete the 7 - 1569- 25. necessary corrective action, but in any event not less than two days in advance (except in an emergency) and the Developer fails to correct the item of default within this time period. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Miscellaneous. The Developer represents to the City that the proposed development of the Subject Property, and the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Subject Property do not so comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. Bo Third parties have no recourse against the City or the Developer under this Agreement. Co Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. Fo The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. This Agreement shall run with the land and may be recorded against the title to the property. The Developer shall be responsible for recording this agreement or a memorandum of same, and take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Contract and is approved by the City, at the Developer's request, the City will execute and deliver to the Developer a release. As the Developer sells individual lots to individual third party buyers, the City Manager is authorized to execute releases of individual lots from the terms of this Agreement, but said individual lot releases shall not in any way release the Developer from any of its obligations hereunder. 8 - 1570- Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The Developer may not assign this Agreement without the written permission of the City Council, which permission will not be unreasonably withheld, and will be given in all instances in which the proposed assignee is owned or controlled by the Developer; or when the assignee demonstrates a capability to complete the development at least equal to the Developer. Such assignment will not relieve the Developer of its obligations hereunder unless the assignee executes an agreement with the City undertaking all of the obligations of the Developer and agreeing to be bound by all of the provisions of this agreement that are binding on the Developer. 26. Prior to the issuance of the first building permit, the Homeowner's Association documents have been reviewed and approved by the City. 27. Park Dedication Fee. At the time the Plat is delivered to the Developer for recording, the Developer will pay to the City, as and for the parkland dedication fee the amount of $46,600. 28. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mound Harbor Renaissance Development, LLC 1521 94th Lane NE Minneapolis, MN 55449 Atto: David Newman, Chief Manager With copies to: Thomas A. Stokes 4052 Oakland Street St. Bonifacius, MN 55375 Plum Investment Company 9 - 1571 - 700 East Lake Street, Suite 201 Wayzata, MN 55391 Attention: Peter Pflaum, President and Chief Financial Officer Key Investment, Inc. 225 6th Street, Suite 5200 Minneapolis, MN 55402 Attention: Jerry Paquin, Chief Operating Officer Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Kandis M. Hanson, City Manager Mound City Hall 5341 Maywood Road Mound, Minnesota 55364. 10 - 1572- IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF MOUND By: By: Pat Meisel, Mayor Kandis Hanson, City Manager MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC. By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of ,2005, by Pat Meisel, Mayor, and Kandis Hanson, City Manager, of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 11 - 1573- STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ., 2005, by , , and , , a ., on behalf of the said Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ., 2005, by , and , , a ., on behalf of the said Notary Public Drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 12 - 1574- Exhibit "A" - Legal Description of Subject Property - 1575- Exhibit "B" -Resolution # - 1576- Exhibit "C" - Resolution # - 1577- Exhibit "D" - Resolution # - 1578- Exhibit "E" - Resolution # - 1579- Exhibit "F" - -1580- Exhibit "G" - - 1581 - Exhibit "H" - Petition and Waiver Agreement FORM OF PETITION PETITION AND WAIVER AGREEMENT This Agreement made this day of a Minnesota municipal corporation ("City"), and WITNESSETH: ., 2005, by and between the City of Mound, ("Developer"). WHEREAS, the Developer is the fee owner of certain real property ("Subject Property") located in the City the legal description of which is set forth in Exhibit A, attached and made a part hereof; and WHEREAS, the Developer desires to have certain public improvements ("Public Improvements") constructed to serve the Subject Property as described in Exhibit B, attached and made a part hereof. (the "Improvement Project ("[Name]"); and WHEREAS, the Developer wishes the City through a combination of cooperative agreement with Hennepin County, and an agency agreement with the Developer to provide for construction of the Public Improvements that comprise the Improvement Project and to specially assess a portion of the cost of the Improvement Project against the Subject Property; and WHEREAS, the City is willing to construct certain of the Public Improvements, to enter into a cooperative agreement with Hennepin County, and an agency agreement with the Developer for the construction of the Improvement Project in accordance with the request of the Developer, provided the assurances and covenants hereinafter stated are made by the Developer to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance the costs of the Improvement Project. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENT HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. 2. The Developer petitions the City for construction of the Improvement Project. The Developer represents that it i) is the owner of frontage of the real property abutting on the streets and other areas named in the petition as the location of the Improvement Project, ii) has full legal power and authority to encumber the Subject Property as herein provided, and iii) as of the date hereof, has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit C. -1582- 3. The Developer requests and consents to a portion of the assessable cost of the Improvement Project being assessed against the Subject Property. The Developer understands and agrees that the current estimated cost of the Improvement Project is $ ., of which, 100% will be assessed against the Subject Property. The parties stipulate and agree that the amount of such proposed assessment is equal to the economic benefit that the Subject Property will receive as a result of the Improvement Project. The assessable costs do not include city overhead, administrative or engineering costs; and the Developer remains separately obligated for such costs in accordance with the provisions of Section 19A of the Subdivision Agreement. In the event that the bids for the Project exceed the estimates, the parties agree to attempt in good faith to determine how to proceed, it being understood, however, that the City is not hereunder obligated to expend funds in excess of the estimated costs, and the Developer is not hereby consenting to an assessment in excess of the estimated costs. 4. The Developer waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. Section 429.081 and Laws 2001, Chapter207, Section 12, or reapportionment thereof upon land division pursuant to Minn. Stat. Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: ao Any requirements of Minn. Stat., Chapter 429 with which the City does not comply are hereby waived by the Developer; The increase in fair market value of the Subject Property resulting from the Improvement Project will be at least equal to the amount of the proposed assessment, and that such increase in fair market value is of special benefit to the Subject Property; and The Developer further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Mitre. Stat., Section 429.071, Subd. 3. 5. The Developer understands and agrees that the City may provide for the payment of such special assessments in installments bearing such interest as may be determined by Ihe city council. However, the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of the city council, subject only to limitations imposed by law. 6. Developer represents and warrants that the Subject Property is not classified for tax purposes so as to result in deferral of the obligation to pay special assessments; and Developer agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 7. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Developer and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Hennepin County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 8. This Agreement will terminate upon the final payment of all special assessments levied against the Subject Property for the Improvement Project, and the City will thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. - 1583- IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF MOUND [DEVELOPER] By: Its: Mayor By: Its: By: Its: City Manager By: Its: - 1584- STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __ day of , 2005, by Pat Meisel and Kandis Hanson, the Mayor and City Manager of the City of Mound, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPN ) The foregoing instmmem was acknowledged before me this __ 2002, by and ., the and _, respectively, [Developer], a Minnesota behalf of the day of , on Notary Public - 1585- EXHIBIT A Legal Description A-A-1 -1586- Estimate Total EXHIBIT B Improvement Project ("[Name]) 2005 A-B-1 - 1587- Encumbrances EXHIBIT C JBD-261802v 1 MU195-15 -1588- Exhibit "I" - Exhibit "I" - JBD-261802vl MU195-15 - 1589-