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2004 [08] Aug 02
CITY Of ST. JOSEPH . www,cityofstjoseph.com St. Joseph Planning Commission August 2, 2004 7:00 PM - Admiilistrdtor 1 udy Weyrens 1. Call to Order Mdyof Ldrry I. Hosch 2. Approve Agenda - Councilors 3. Approve Minutes - July 12 and July 26, 2004 AI Rðssier 4. 7:00 PM - Sand Companies, Preliminary/Final Plat Morningside Acres Ross Rieke Gdry Utsch 5. 7:05 PM - Safe Shred, Development Plan . Dðle Wick 6. 7: 15 PM - Review of 2003 Interim Use Permits 7. 7:30 PM - Arcon Development, Discussion on Concept Plan ~-- . 8. September Meeting 9. Other Matters 10. Adjourn . 2) College Avenue North' PO Box 668 . Sdint, Joseph. Minnesotd )6;74 Phone ,20.,6,.7201 ¡:ð x ,20,,6,,0,42 ~-e(( ~ £( fv- ~~s - !J(L~ A-~ dv~~_.s;,. . c:.-- .-/ \\\\ ~ S\rQ~\- ~ ~0Jl,{d\ c;:~ If G{"C\,~~~ k/Pk-1Æ~ \4-' qJ Î~ Áve.. S+~ l \~~ é)ôr Þ-~ ß." 3-¿ ~£ / ~.~ AvE f? ó) g /,ch(/, J>t'. ~:¡;~ ')J~ ~Ã3J,~ ,- 52t 'y $j Dr. )~^ ~~ YØ74- <;;1- cfo'~ . I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION Sand Companies - Preliminary and Final Plat DATE: August 2, 2004 AGENDA ITEM Sand Companies, Preliminary / Final Plat - Morningside Acres PREVIOUS ACTION The Planning Commission conducted the public hearing for the Preliminary Plat on July 12, 2004. Since the City had not received notice from the Stearns County Engineer or Environmental Services Board, action on the plat was tabled to July 26, 2004. The City received a letter from the Stearns County Highway Engineer that requested consideration be given to turn lanes on County Road 121. The letter from the County was received the same date of the Planning Commission meeting so the concerns could not be addressed. Since the meeting on July 26, 2004 Joe Bettendorf and Tracy Ekola have made _______---1I.rrangements.to-complete-R--tl"affic-study_to-determine-iÜ.um_lanes-are..waIT-&ntep.~1'he-traffic-engin€€r-- . .--~' ,. .,~ "..-.. . cannot do the study until Monday. Therefore, information will not be available at the Planning COIJl1l1ission. Joe and Tracy will be meeting withrepre~entatives pf Sand Companies and Mitch Anderson before the Council mef(ting on August 5, 2004. RECOMMENDED PLANNING COMMISSION ACTION Since Sand Companies wish to move forward and not be delayed until the next meeting, it is recommended adopt the Resolution of fmdings recommending the Council approve the preliminary and fmal plat for Morningside Acres with the contingency that the recommendation of the traffic engineer must be incorporated in the improvements for the mixed density development. If Sand Companies does not agree to the traffic engineer study and will not incorporate the fmdings in the design, the plat must be routed back to the Planning Commission for further consideration. COMMENTS/RECOMMENDATIONS A RESOLUTION OF THE CITY OF ST. JOSEPH, MINNESOTA ACCEPTING THE PRELIMINARY AND FINAL PLAT ENTITLED MORNINGSIDE ACRES AS REQUESTED BY SAND COMPANIES. . WHEREAS, the Planning Commission on March 1, 2004 accepted the concept plan for Morningside Acres for a mixed density development; and WHEREAS, all required public notices regarding the public hearing were posted and sent for a public hearing to be held on March 24, 2004 before the St. Joseph Planning Commission; and WHEREAS, the Planning Commission duly opened the public hearing and accepted testimony on the application. After all those wishing to be heard testified, the hearing was closed and the Planning Commissioners discussed the Preliminary Plat entitled Morningside Acres NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that it adopts the following findings of fact relative to the platting procedure, Finding A: Acceptance of Plat. Finding: The Plat entitled Morningside Acres meets the minimum design standards and contains 30 single-family homes, 32 town homes and 18 patio homes. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, that the recommendation requesting approval of the preliminary plat to include the following contingencies: 'I Contingency 1 The developer will incorporate the recommendations of the traffic engineer in the I;, - -- --- - ------ ~- -~~:~~:~ã~~~~~ ~~U~%9i~~:~-11;;h:~-:;:~~~~:~~-~n~f ~~u~~ffi~nS~~~e-~sann~ - - --. incorporated, the preliminary plat must go back to the Planning Commission for further review. Incorporation of the comments will constitute approval of the preliminary and final plat. Contingency 2 Execution of the Development Agreement between the City of St. Joseph and Sand Companies. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby requests the City Council approve the Preliminary Plat entitled Morningside Acres as requested by Sand Companies. ADOPTED this day of July, 2004, BY: CITY OF ST, JOSEPH Gary Utsch, Planning Commission Chair ATTEST: Judy Weyrens, Administrator . CITY OF ST. JOSEPH DEVELOPER AGREEMENT (Developer Constructed Improvements) THIS AGREEMENT, made and entered into this _ day ofJuly, 2004, by and between Sand Companies, Inc., hereinafter called the "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WIT N E SSE T H: -------~----~-------~--- -~- - - - - --- - - --- -- -- --- -- -- ----- . WHEREAS, the Developer is the Owner of certain Real Property known as Morningside Acres, which is legally described on Exhibit A, (hereinafter called the "Property" or "Development" or "Development Property") attached hereto and made a part hereof; and WHEREAS, the City's Code of Ordinance requires the Developer to provide for the construction of certain public improvements, and for the financing of said improvements; NOW, THEREFORE, in consideration ofthe mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF PLAT APPRO V AL 1.1 Request for Plat Approval. The Developer has asked the City to grant final approval of a plat for a residential subdivision called Morningside Acres. The legal description for the land proposed for development is described on Exhibit A, attached hereto and made a part hereof. 1.2 Conditions of plat approval. The City hereby grants final approval of the plat subject to the conditions that the Developer enter into this Agreement, furnish the security in a fonn acceptable as required by the various provisions of this Agreement, and record the plat with the County Recorder within 30 days after the City Council approves the plat. 1 . 2.0 RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the necessary security has been received by the City; (3) the plat and this Agreement have been recorded with the Steams County Recorder's office; (4) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed. 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 Improvements. The Developer agrees to construct those improvements itemized below, (hereinafter known as the "Improvements"): Check all that apply: _K- Site Grading l Bituminous Streets l Water Main ~- Street Signs - ----- - '-- -u~--7(-~Stonn-Sewer-- u - -- ---- u_ ---=--..:.... --Regulatoryand-Waming--8igns- _K- Holding Ponds - Tuming and Bypass Lanes . ~- Concrete Curb & Gutter _K- On-site vVetland Mitigation l Sanitary Sewer - ~ Erosion Control The Improvements itemized above shall include all necessary appurtenant items of work as determined by the City. 3.2 Completion Deadlines. The Developer agrees to proceed with said the Improvements entirely at its expense, and to complete said improvements by , except for final wear course which shall be completed by The construction documents shall establish completion dates at or before the dates shown above. 3.3 Engineering Services. The Developer will retain an engineer satisfactory to the City to prepare complete construction Plans and Specifications for The Improvements. The Developer shall make his engineer aware of the provisions in this Agreement. The Developer's engineer shall: (a) Arrange for soil borings in accordance with Exhibit C and/or such other subsurface investigations as the City may require. (b) Prepare construction plans, specifications, and estimate in accordance with Exhibit C. 2 . (c) Secure all necessary permits including those required by the Minnesota Pollution Control Agency, the Minnesota Department of Health, the Department of Natural Resources, Steams County, or any other regulatory agency that has jurisdiction. (d) Submit items one (1) through eight (8) on Exhibit "D" prior to begÜming any construction in the development. (e) Prepare the Environmental Assessment Worksheet (EA W), if necessary, and any other related environmental documents, reports, or studies as may reasonably be required by the City. (f) Provide all necessary construction staking and related survey work. (g) Provide construction administrative services on behalf of the Developer, including the following: review shop drawings, coordinate construction staking, monitor permit requirements, process applications for payment, prepare change orders, monitor completion dates, coordinate field issues with Contractor and Developer, . particip-aœlnnmrt~fl1Sp-ection.--Prepare-operation---and---maintenance-manuals~in--- accordance with Exhibit "C". Submit items nine (9) and ten (10) on Exhibit "Ð" in a timely manner during construction. (h) Prepare record drawings. Submit item eleven (11) on Exhibit "Ð" to the City Engineer within 30 days of receiving field measurements ITom the City's on-site representative. (i) Prepare and submit such other documentation as the City may require. 3.4 The City Engineer shall: (a) Provide such City project standards, including special details, insurance requirements and specifications, as the City may require. (b) Review and approve Plans and Specifications. (c) Provide a CityRepresentative for resident construction observation throughout the construction period, (d) Provide field information to the Developer for use in preparing record drawings. (e) Conduct a final inspection and review final construction documentation. 3 · (f) Conduct location survey to develop Geographical Information Services (GIS) coordinates for all manholes, valves, catch basins, and sewer/water services. (g) Recommend Acceptance of Improvements to the City. 3.5 Cost Escrow. The Developer shall bear the cost of the above noted City Engineering Services, consultant services, City Attorney services, and City Administrator costs and shall, upon execution ofthis Agreement, place in escrow with the City cash or irrevocable letter of credit in the amount of $ which shall be applied to the payment of the cost of said services. Should the above amount exceed the cost to the City, the City shall return to the Developer all unused funds, including accumulated interest. Should the expense to the City exceed the above amount, the City will notify the Developer of additional amounts to be paid into the escrow account. The Developer shall fund the escrow account in the amount requested by the City within 15 days after notice. No building permits shall be issued until the escrow account is funded as requested by the City. The Developer shall pay a reasonable fee for in-house administration of the development by - --- --- -- ------t-he-Cit.y-stafLand-the......Cìty,'.S...£OllSlJ ltin2--pmfe..ssionalLto_inc1ude_buLnQLbj~_limited.tQ engineers, planners and attorneys, City administration will include monitoring of. construction observation, consultation with Developer and his engineer on the status of or problems regarding the projeçt, coordination for final inspection and acceptance, project monitoring during the wan-anty period, and processing of requests of reduction in security. The Developer shall pay for construction monitoring performed by the City's consulting professionals at their customary hourly rates. Construction monitoring shall include part- or full-time inspection of proposed public utilities and street construction by the City Engineer. 3.6 City as Third Party Beneficiary. The City shall not have any direct contractual relationship with the Contractor, but shall be considered a third party beneficiary to the contract entered between the Developer and the Contractor. The City shall not be liable to the Contractor for the Developer's breach of a duty to the Contractor. 3.7 Easements. The Developer shall make available to the City, at no cost to the City, all permanent and temporary easements necessary for installation and maintenance of The Improvements. 3.8 Insurance. The Developer shall provide evidence of Comprehensive General Liability and Broad Form Property Damage Insurance including contractual coverage in the amount of at least $1,000,000 per occun-ence and $1,000,000 aggregate, The Developer's insurance certificate shall be in a form approved by the City, and shall be delivered to the City at least three days prior to the commencement of any work on the Improvements. Such insurance shall remain in full force and effect through the end of the \varranty period described in Section 3.12. 4 . The Developer shall cause each person with whom Developer contracts for the construction and installation of any Improvements to provide evidence of insurance. Said coverage shall include Contractor's General Liability, Owner/Engineer Protective Liability, Automobile Liability, Contractual Liability, and Worker's Compensation coverage. The City and the City Engineer shall be named as an additional insured on such policy by endorsement. The Developer shall provide builder's risk insurance if there are any structures to be constructed as part of the development (lift stations, pump houses, etc.). All insurance coverage shall be provided in accordance with City specifications. 3,9 Performance Security. Prior to the actual construction of the Improvements pledged to be constructed by the Developer, the Developer shall post with the City a bond, irrevocable letter of credit or dedicated escrow account (the "Security") in the estimated amount of 1.25 times the City Engineer's Estimate of the likely costs of such improvements, conditioned upon the faithful construction ofthe improvements according to the Plans and Specifications, and final approval ofthe City Engineer, and the terms of this Development Agreement. As the improvements are partially completed, the Developer may request the City to release a -------PO-rtion-oLthe..&ecurity...rep.resenting.the....cost 0 f th e completed.imprmr,emen1s_as_delennined_____ ,_ . by the City Engineer, but at all times there shall be Security in an amount of at least 125% of the estimated cost of the unfinished improvements. If the construction contracts are under the control of one Prime Contractor, the Prime Contractor may provide the performance security required by this section. 3.10 Labor and Materialman's Bond. Upon execution ofthis Agreement, the Developer shall also provide the City with a labor and materialman's bond, guaranteeing the payment of all workmen performing labor or services, and all supplies or materialmen providing materials for the Improvements. This bond shall not be released until the Developer has provided the City Engineer with proof of payment of all laborers and materialmen in the form of release, signed receipts, or lien waivers. Ifthe Developer contracts with a single Prime Contractor, and all construction contracts are under control ofthe Prime Contractor, the Prime Contractor may provide the laborer and materialmen bond required by this section as long as the Prime Contractor agrees to waive any lien rights for the labor and/or material provided by the Prime Contractor. 3.11 Warranty Bond. The Developershall fully and faithfully comply with all the terms of any and all Contracts entered into by the Developer for the installation and construction of all The Improvements and hereby warrants and guarantees the workmanship and materials for a period of two years following the City's final acceptance ofthe Improvements. In addition to the Security required by Section 3.10 herein, the Developer hereby warrants and shall post a warranty bond, warranting the condition of the materials and workmanship of the improvements for a period of two years following the City's final acceptance of the 5 · Improvements. If any claims are made in writing within the warranty period, the bond shall not be released until such claims are resolved. 3.12 Completion Date and Inspection. The work the Developer is to perfonn under this Agreement must be done and perfonned by Developer in a good and workmanlike manner and completed by the date set in paragraph 3.2 ofthis Agreement. The stonn sewer, water and sewer mains, roadways, and all other improvements called for in the Plans and Specifications will be subject to the inspection and approval of the City and the City Engineer, and in case any material or labor supplied shall be rejected by the City or the City Engineer, as defective or unsuitable, then such rejected material or labor shall be removed and replaced with approved material or labor, to the satisfaction and approval of the City, entirely at the cost and expense of the Developer. 3.13 Damaæ to City Inftastructure. Developer shall promptly repair, at the Developer's expense, any damage to the City's existing inftastructure. Repairs shall be to original condition or better. 4.0 FUTURE IMPROVEMENTS ~-----"-- --------------------- -----------.------ --------------~----------- 4.1 Future Improvements, The Developer and City hereby acknowledge that certain. improvements, not included as the Improvements outlined herein, will have to be constmcted at some future date to complete service to the Development. These improvements, known as "future improvements" include the following: NONE. 5.0 PHASED DEVELOPMENT Ifthe development and improvements which are the subject ofthis Agreement are a portion of a multi-phased preliminary plat, the City may refuse to approve fmal plats of subsequent phases if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 6.0 CHANGES IN OFFICIAL LAND USE CONTROLS For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official land use controls shall affect the use, development density, lot size, lot layout, or dedications ofthe development which is a part ofthis Agreement unless required by State for F ederallaw or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent pennitted by State and Federal law , the City may require compliance with any amendments to the City's Comprehensive Plan, official controls and platting or dedication requirements enacted after the date of this Agreement. 6 . 7.0 GENERAL TERMS AND CONDITIONS 7.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 7.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer's interest in the Development is fee owner. Prior to execution ofthis Agreement, the Developer shall provide the City with a title opinion prepared by a licensed attorney and directed to the City stating the condition oftitle of the property, or other proof of title acceptable to the City. 7.3 Binding Effect on Parties and Successors. The tenns and provisions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, ifthere be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent . pur-Glla-ser--s-and--encumbrances...of..alL-û.r....an.y-P.arLDi1he..ne..v..clQpmenLand...allreCQ1:ding.ie.e_s..~_ shall be paid by the Developer. 7.4- Notice. Any notices pennitted or required to be given or made pursuant to this Agreement shall be deliveredpersonally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City at: City Clerk! Administrator City ofSt. Joseph, P.O. Box 668, St. Joseph, MN 56374 If to the Developer at: Sand Companies, Inc. 336 South 10th Avenue P.O. Box 727 Waite Park, MN 56387 7.5 Acceptance and Ownership of Improvements. The City will accept said improvements or portions thereof, upon certification by the City Engineer that, to the best of his know ledge and belief, the improvements have been completed in confonnance with the tenns of this Development Agreement and all documents incorporated herein by reference. Upon completion of the work and construction required by this Agreement and final approval and 7 · acceptance by the City, the improvements lying within public easements in the development shall become City property without further notice or action. 7.6 Incorporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 7.7 Indemnification. The City and its officers, agents and employees shall not be personally liable or responsible in any manner to the Developer, contractor or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes any action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, and completion of the work and the improvements to be provided by Developer pursuant to this Agreement. The Developer shall hold the City and City Engineer harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and materialmen, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The Developer shall indemnify the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may payor ---.--- il1CUl--in-Consequence_Qf...such.claims_hy_lhirrLparties~_____n - 7.8 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers . and contractors a license to enter the Property to perform all work and/or inspections de~med appropriate by the City during the development of the Property. 7.9 Streets. (a) During any period of spring weight restnctlOns, when the streets within the Development have the first lift of pavement, but prior to final acceptance of the improvements by the City, the Developer shall post signage at each entrance to the Property as notice restricting access to vehicles with a an axle weight of seven tons or more. (b) The Developer shall promptly clean any soil, earth or deblis from streets in or near the Development resulting from construction work by the Developer or its agents or assigns as often as necessary and as directed by the City for public safety and convenience. In the event the Developer fails to clean the streets within 48 hours of the direction of the City, the City may undertake the work and seek reimbursement from the security provided by the Developer as set forth in paragraph 8.l5(c) of this Agreement, or alternatively, assess the cost against property owned by the Developer within the City. 8 · (c) Any damage to existing City streets due to construction activities within the development shall be repaired to the satisfaction of the City at the Developer's expense. 7.10 Erosion Control. The Developer shall comply with all requirements ofthe "General Storm Water Permit for Construction Activity" issued by the Minnesota Pollution Control Agency for construction activities. In addition, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of City utility systems. The Developer shall comply with the erosion control plans and with any such additional instruction it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye grass or other fast growing seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. The Developer shall deposit with the City a security deposit or irrevocable letter of credit in the amount of $5,000.00 to secure performance ofthis provision. -9-:+1 Site--6r-ading. - --- (a) Site grading shall meet all of the requirements set forth in the City's Development Manual, and in the General Storm Water Permit for construction. (b) When the site grading has been completed: 1. The Developer shall verifY by field survey that the site grading has been completed in accordance with the approved grading plan submitted with the preliminary plat documents, as modified by the construction plans. The Developer shall submit the verified site plan to the City for approval. 2. Elevations shall betaken on all lot comers, all buildings pads, and on drainage breaks, ponding sites, ditches, and swayles. Arrows shall show how the lot is to drain. 3. The approved site grading plan shall become the Development Plan. 4. The Developer shall make the Development Plan available to subsequent owners of the lots purchased from the Developer, and to their builders. Upon completion of the final lot grading by the lot owner, elevations shall closely match those set forth on the Development Plan. 9 · 7.12 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully perfOlmed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has fully complied with all the terms of this Agreement and finding that the Developer has completed perfomlance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contracted in accordance herewith by the City does not constitute a certificate of compliance and does not release the Developer from ongoing duties or responsibilities arising under this contract. The issuance of a Certificate of Compliance does not release the Developer or any Surety from warranty responsibilities arising under Section 4.12 herein. 7.13 Public Land Contribution. The subdivider shall contribute $76,170.00 to the City in lieu of a dedication of public land, with payment to be made upon execution of this Agreement. 7.14 Time of Performance. The Developer shall install all required public improvements for the -~--- ,---Dev-elopmenLprior~to~theissUallc.e...Dfhuilding..p.ermits_hy.1he....c:i4',...wi1h1he_ex.c.eplion...of1he~_ final wear course of asphalt on streets. The wear course on streets shall be installed between - August 15 and October 15 the first summer after the base layer of asphalt has been in place -- one freeze-thaw cycle. The Developer may, however, request an extension of time from the_ City. If any extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this timeframe must have the written approval of the City Engineer. 7.15 Ponds. (a) Dedication of Pond Areas. The Developer will dedicate to the City the property shown for storm water or sedimentation holding pond purposes on the Preliminary Plat and/or as required by the Plans and Specifications. Said dedication shall include an access drive to the pond site. Developer will dedicate the drainage and storm sewer utility easements shown on the Preliminary Plat and/or as required by the Plans and Specifications. The Developer agrees that all holding and sedimentation ponds and drainage easements as shown on the Preliminary Plat or as required by the Plans and Specifications are required for the development of the Development Property, (b) Cleaning of Ponds. At such time as the City Director of Public Works determines that construction on the Development Property has been sufficiently completed so as not to cause significant erosion which will contaminate the holding ponds servicing the Development Property, Developer will cleanídredge all holding ponds and stoml water pipes on the Property, In the event the ponds require cleaningídredging prior to the 10 · completion of all such construction, the City Director of Public Works may request that the Developer complete more than one cleaning of the holding ponds. (c) Buffer Area Adjacent to Ponds. All ponds servicing the Development Property whether such ponds are located on City owned property, easements running in favor of the City or on private property must maintain a minimum of an 8 foot natural buffer £Tom the high water mark. Notwithstanding the above, one access to each pond may be created by the City in a location determined by the City in its sole discretion. Developer shall be responsible for the cost of signage around said buffer areas indicating that the buffer is part of a wetland restoration project which may not be distributed without the written permission of the City. Said signs shall be posted in locations reasonably determined by the City. 7.16 Storm Water. The Developer shall pay for storm water and drainage improvements on the current development phase the greater of either (a) $.20 per square foot of the "Net Developable property", or (b) the actual cost (labor and materials) plus related engineering cost for storm water improvements. "Net Developable Property" is defined as the gross land area minus street right-of-way and other land area dedicated to the public. "Storm Water Im.proY-ements" :lye detin.ed...as......alLs.torm_sewer pipe, catch basins, manholes, riprap,and -- holding ponds installed by the Developer's Contractor. If the Developer does not expend at -- least $.20 per square foot of Net Developable Property on storm water improvements, Developer shall remit the difference between the amount actually spent on storm water improvements and the $.20 per square foot to the City. This cost differential will be used for downstream storm water improvement costs which may have been, or will be, incurred by the City, The storm water fee for the Development is $149,721.80 based on a Net Developable Property of 748,609 square feet. Developer shall provide the City with a schedule of values for stonn sewer improvements when the project is substantially compete. Upon approval by the City ofthe schedule of values, the City will invoice the Developer for the amount due. Payment is due within two weeks of the date of the invoice. 7.17 Monuments. Developer may place, at Developer's sole cost and expense, identification monuments on the entrances to the Development Property pursuant to City Ordinance regulations. The location and type of monuments must be approved by the City Engineer prior to installation. Prior to installation of any monuments on the Development Property, Developer must create an association to maintain said monuments. The association documents must be approved by the City's attorney and originals provided to the City's attorney for recording against the Development Property. 7.18 Reimbursement of City's Costs. Te Developer shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the negotiation, administration and enforcement of this Agreement and its performance by the Developer. Developer shall also 11 · reimburse the City for any add-to-construction costs related to the installation of street lighting or private utilities within the Development. Developer shall also be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. Such reimbursement shall be made within 14 days of the date of mailing the City's notice of costs. If such reimbursement is not made, the City may place a hold on all construction or other work related to the Development, or refuse the issuance of building permits until all costs are paid in full. The City may further declare a default and collect its costs from the security deposited in accordance with Section 4.5 of this Agreement. 7.19 Renewal of Security. If any escrow account or bond deposited with the City in accordance with this Agreement shall have an expiration date prior to the Developer's obligations hereunder being complete, the Developer shall renew such security or deposit substitute security of equal value meeting the approval of the City at least thirty (30) days prior to the expiration of such security. Failure to post such alternate security or renew such security shall constitute a default and the City may place a moratorium on all construction or other work related to the Development, refuse the issuance of building permits, and declare the entire amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the ------ ~é...aS-a..securitY_depo.sitin-1he...same m ¡:¡nn eLaS.íhe..s.eCllri1)tJ:b.er.e1ofur.e..he1d_hyjhe....Ci~____ -- 7.20 Platting. Developer must include all of the Development Property in the final plat of the - first phase of the developm~nt, with future phases of the development platted as Outlots. The final plat must be recorded prior to the City or Developer initiating the installation of Municipal Improvements on the Development Property. 7.21 Utility Location. Developer agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television and natural gas. Developer may receive an exemption from this requirement if Developer demonstrates to the City Engineer that underground utilities would not be physically possible. Any exemption shall be limited to the minimal area necessary. 7.22 Plat Dedication. Upon approval and execution ofthis Agreement, the City shall approve the final plat provided it otherwise meets the requirements of the City's Ordinance governing Subdivisions. If the Plat contains the dedication of an easement, the use of property within the area of an easement is specifically restricted by prohibiting the construction of any structure or fence, planting trees or shrubs, or storing of personal property within the area of the easement which could delay, restrict or impede access within the easement area by a person or vehicle. 7.23 Street Lighting and Signage. Developer shall be responsible for the cost of purchase and installation of street lights and street signs, Developer will name all streets within the 12 . Development in accord with City Ordinance regulations. The improvement shall not be accepted until installation of strèet lights and street signs is completed. 7.24 Wetlands. Developer shall take the following precautions to protect any Awetlands@ within the Property, as that term is defined in Minnesota Statute Section 1038.005, Subd. 19; (a) Upon completion ofthe site grading, place signs on any lots containing wetlands or drainage easement providing notice of the location of the wetland or drainage easement. The signs shall be in a form and size as prescribed by the City and available for purchase through the City Clerk=s office. The location and number of signs for each lot shall be as required by the City Engineer. (b) Prohibit filling of wetlands so long as Developer is the owner of the affected lot, except for fill done in conjunction with a mitigation plan approved by the Steams County Environmental Office. (c) Developer will, simultaneous with recording ofthe initial plat for the Development Property, provide an easement and development restriction to the City protecting the we-tlanàs-are--as-loeatoo-withID-lGts-.5lwwl1-011--t-he-.Ere1:iminary--Elat.--Saideasementand . development restriction shall be drafted by the City Attorney and must provide that the wetlands located on the lots shown on the Preliminary Plat may not be filled or distributed without the permission of the City, which it may deny in its sole discretion, and any other applicable agency. Developer will provide signs on the Development Property indicating the location of the protected wetlands. All signs and locations must be approved by the City prior to installation. Cd) Notwithstanding anything in this Agreement to the contrary, the Developer shall be responsible for all wetland mitigation which is required for construction of any ofthe Municipal hnprovements, and Developer shall be responsible for all wetland mitigation which may be required because of work done by or under the direction of the Developer in the areas designated as future park. Developer will complete and pay for all permitting, credit purchases, and/or other mitigation costs which may be involved. The City may, however, take action to minimize charges or costs to the City in the event the Developer fails to obtain all permits and complete all mitigation which may be necessary for the construction of the Municipal hnprovements and/or work in future parklands. 7.25 Proiect Specific Requirements. (a) Developer shall disclose to purchasers of Lots 1 and 2 of Block 1 ofthe Development that both lots are subject to low water pressure. 13 · (b) Developer shall submit a copy of the approved NPDES IT Pennit from M.P.C.A. 7.26 SAC/W AC and Trunk Charges. (a) Water and Sewer Connection Charges. Water and Sewer Access Charges shall be paid by the owner of each lot at the time the building pennit is issued. Charges shall be those in effect at the time the pennit is issued. (b) Water and Sewer Area Trunk Charges. Developer shall pay at the time of approval of each final plat for the Development Property sewer area trunk charges and water area trunk charges in accordance with City policy in effect at the time of such approval. 7.27 Default and Remedies. If Developer fails in any way to perfonn or observe any covenant, condition, or obligation contained in this Agreement the City may do any, all or any combination ofthe following: (i) halt all further approvals regarding platting, improvements or issuance of building pennits or occupancy permits relating to the Development Prope11y, (ii) seek injunctive relief, (iii) terminate this Agreement and all of the obligations contained --- --- herein withüu.Lterrninating_neveJQPJ;~r.'..s..º-b1igation to reimburse the City for costs it llliL~ incurred with regard to this Agreement or the Development Property; (iv) draw on or utilize . any funds or other security which have been provided to the City pursuant to this Agreement; and/or (v) take any other action 'it law or in equity which may be available to the City. 7.28 Assignment. This Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 7.29 Integration. This Agreement contains all ofthe understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 7.30 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument, 7.31 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 7.32 Representation. Rajkowski Hansmeier Ltd, represents the City with regard to this Agreement. Developer is hereby advised to seek independent legal advice prior to execution of this Agreement. 14 . 7.33 Additional Tenns. The following additional tenns are being made a part of this Development Agreement to continue in force and effect as though they were dedications of the plat, unless according to their tenns are intended to tenninate earlier: (a) Developer shall commission a study regarding the need for a left hand turn lane as recommended by Stearns County Highway Department. (b) The single family dwellings in the Development shall not be used as rental units. Signed and executed by the parties hereto on this day of ,2004, ATTEST CITY OF ST JOSEPH By By City Administrator/Clerk Mayor -- . (SEAL) DEVELOPER: Sand Companies, Inc. By Name Title STATE OF MINNESOTA ) )ss COUNTY OF ) . On this day of , 2004, before me, a notary public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator/Clerk ofthe City ofSt. Joseph, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the municipal seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. 15 . Notary Public STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of , 20_, before me, a notary public within and for said County, personally appeared , to me personally known, who, being by me duly sworn, did say that he/she is the President of Sand Companies, Inc., the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said President acknowledged said instrument to be the free act and deed of said corporation. Notary Public THIS INSTRUMENT VI AS DRAFTED BY: Thomas G. Jovanovich - 5284X ___ ____Susan M. D~~9Q38L__ _____ -~ ------- Rajkowski Hansmeier Ltd. . 11 Seventh Avenue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 L:\city\stjoe 16 . I Attachment: Yes or No REQUEST FOR PLANNING COMMISSION ACTION Development Plan - Safeshred DATE: August 2, 2004 AGENDA ITEM Development Plan - Safe Shred, Jeff Ramler PREVIOUS ACTION None. RECOMMENDED PLANNING COMMISSION ACTION Approve the Development Plan of Safeshred and recommend the Council authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Safeshred to C9IlstfUGt--a-l-2,8()()-sf)Har~.get-faeil-ity;---'Fhe-approval-s-hÐttld-be-cðntingent-upön-the-EBA-accepting-the . plan as it relates to the protective covenants of the Buettner Business Park. COMMENTS/RECOMMENDATIONS The Utilities for this site are problematic as the property was subdivided after the utilities were installed. This lot does not have water and sewer stubbed to the property, but it is available. A 10 inch water and sewer line are located in 15th Avenue. The City does not like to cut into roads for utility extensions, especially new roads. Therefore, we are researching the alterative of allowing two businesses to connect to one 6 inch water service. Inspectron along with the City Engineer are working on this matter. The property will receive services it is just a matter of how. With regard to the exterior fmish, the Ordinance states that c) Building Exteriors. All construction of new facilities shall consist of pre~cast or cast tip up concrete walls, concrete block (painted or decorative), post frame/steel frame with a concrete block or poured concrete complete perimeter foundation with frost footings extending a minimum of eight inches (8") above the final grade, and stick built construction. Pre- finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). re-cast or cast in lace concrete buildin s shall rovide as uch adornment as is ossible considering their exterior finish limitations. The property owner is choosing to use landscaping for adornment in the &ont of the building. As you can see from the plan, considerable landscaping is provided. - SAfES----- La ~ -~ --- -- - -- ..~=:..~ ~ .-....-.. ~.-. .......... IICONFIDENTIALITY IS OUR BUSINESS" . July 29, 2004 Safeshred P.O. Box 135 Sartell, MN 56377 Safeshred has been in business since 1997. Safeshred is a confidential paper shredding and recycling service serving all of central Minnesota. Safeshred currently leases space in northeast St. Cloud. My wife- Elaine and I, Jeff Ramler currently operate the business along with two part time employees. We purchased three acres in the Buettner Business Park in February of 2003. The property is described as lot one, block two of Buettner _ _ ______Busin,es_s.E.ark_two. ---~~---- ----- Safeshred is proposing a 12,800 square foot precast building on the property described . above. The current plan is for Safeshred to occupy approximately 7000 square feet. The remainder will be leased as industrial warehouse/ storage space. Future plans are for Safeshred to occupy the entire building. The building will include approximately 750 square feet of climate controlled office space and the balance used as warehousing. Safeshred collects confidential information from business, transports the documents back to the facility where the documents are shredded, baled and shipped via a semi trailer to a mill where the paper is recycled. There are no çhemicals used in Safeshreds process and noise is very minimal and probably nonexistent thru precast walls. Future plans include offering a service to people that have a very minimal amount of confidential information they would like destroyed such as tax records. Safeshred would allow these people to drop off their records at my location for destruction. We feel that this property is in an excellent location in a growing community with easy access to interstate 94. We look forward to being a part of St. Joseph. Thank you, Jeff and Elaine Ramler ,.APPLICATION~F:ORPLANNIN··G -'CON;SlD,E'RATI'ON . CITYO'F ST. JOSEPH 25 College Avenue NW Fee $ Paid ,P. O.Box668 Receipt # St.Joseph,MN 56374 Date (320)363-1201 or Fax (320)363-0342 STATE OF MINNESOTA) )55 COUNTY OF STEARNS) NAME: .)~..ç.ç: 12C\W\ \.e..r PHONE: '32..0 "2. 4-0 Oq~O ADDRESS: ,i, 3£1> s-r. .J. ~1t. T~..i -' . J MÑ 5(0'71 INl/e, the undersigned, hereby make the following application to the City Council and Planning Commission of the City of St. Joseph, Steams County, Minnesota, (Applicants have the respDnsibility 'of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): 1, Application is hereby made for: (Applicant must check any/all appropriate items) _ Rezoning ~ Zoning Ordinance Amendment _ Home Occupation Permit , . . ~". '......-:-- SuiiaceWater Managemsl)t Plan (Grading Permit) _PUD _ Building Mover's Permit .... . ---;:- Building Moying - ~wner's Permit -i)( Development Plan Approval _ Other, please specify: . 2, Legal description of land to be affected by application, including acreage or square fo'otagê of land involved, and street address;if~: ¿Or R. # Bl...ðc.J:::. ~ . B"~T'r;'¡EIê 8U~/NEs~ P-+RK;L. "57. ð-se PH # 1"1 w . , . .. 3, Present zoning of the above described property is: L. -1- ¿. "I~lIr mnù~rJ? I-+L 4, Name, address and phone number of the present owner of the above described land: .Jerr 'KA¡/ILf;t:.. 5, Persons, firms, corporations or other than applicant and present owner who mayor will be interested in the above described land or proposed improvements within one year after issuance of permit applied for, if granted, are·:- ' 6. Attached to this application and made a part thereof are additional material submission data requirements, as indicated. APPlicant'Signature~ ~~ Date: r-, Á h' /~/ ('...... l~ L' 1:"/ Owner Signature: r 2 J Date: ,//,,"'-0<-, . / .' >.J ¢ "" . . I -,' -. J FOR OFFICE USE ONLY DATE SUBMITTED: DATE COMPLETE: DATE OF PUBLIC HEARING PUBLICATION DATE: Planning Commission Action; _ Recommend Approval _ Recommend Disapproval Date of Action: Date Applicant/Property Owner notified of Planning Commission Action: , City Council Action: _ Approved _ Disapproved Date of Action: Date- Applicant/Property Owner notified of City Council Action: . Date: July 29, 2004 From: Dick Taufen, Director of Public Works Re: Safeshred Comments My comments on the Safeshred project are as follows: 1. City Utilities a. City Water, no stub to property b. City Sanitary Sewer, no stub to property c. City Storm Sewer Overflow, no stub to property 2. Recommended Sizes a. City Water - 6" Ductal Iron (10" water main) b. City Sanitary Sewer - 6" PVC (10" Sanitary Sewer main) c. City Storm Sewer - 6"_8" PVC (24" Storm Sewer Concrete) --~~---------------~------------ --- -------------------- ---------- - . 3. Location of Services Line them up with the driveway on the north _end of the business. City water is located on the opposite side of 15th Avenue NE. Sanitary Sewer is located is the middle of 15th Avenue NE and Storm Sewer is located on the same side as the business is. 4. Approximate Depth a. Water - 8' deep b. Sanitary Sewer - 12' deep c. Storm Sewer - 5' deep To install this will require a street opening from side to side, 4-5 feet wide, replacement of concrete 3" blacking 3". The business located south of this will have to have the water shut off during the time of the water main tap. Wet tap would be the best option, but spendy. Inspectron Inc. . Memo To: Judy Weyrens, City Administrator Planning Commission Members Ftom: Ron Wasmund. BuØding Official Lee Gladitsch, Building Inspector Date: 7/2812004 He: Site Plan Review for Safeshred Proposed Buílding We have reviewed the site plan and Íi)ui1ding elevations for the proposed building housing Safeshred for compliance with Zoning Ordinance Sections 52.10 and 52.33. We found the plan to be significantly compliant. The foUowing items need further respa~tem . 1, 52.33 Subd. 9 (p) requires a Lock Box, this item is not indicated on the submitted plan. 2. 52.33 Subd. 10 (J) requires screening of heating, ventilation and air-conditioning equipment. Tl1ëSë itëmš Wëfë tíÖt löëätëä ön ttìë þ1ätt Wëfë WiR ftiëÿ bë löëätëd äiid höw Will ttìëÿ fjë screened? 3. 52.33 Subd. 10 (m) requires utility locations to be identified. 4. 52.10 Subd. 3 (1<) requires curb cut openings to be 5 feet from side property line. the curb cut shown extends beyond property fine. 5. 52.10 Subd. 5 (k) requires a 26 foot wide aisle width and a 24 foot is shown on the plan. - . Page 1 Project: Safe Shred Determination: ---...:L- COMPLETE - INCOMPLETE Developer: DM Building Site Plan submitted: Date Reviewed: Page 1 of 3 . City of St. Joseph Required Material Submission Development Plan Applications Completed applications for Development Plans and required fees shall be submitted the City of St. Joseph Zoning Administrator at least 10 days prior to the proposed date of consideration by the City, The ten days allows the City to review the application and forward the application to other entities for review when required, Only completed applications will be accepted, It is the applicant's responsibility to submit required materials, If an application is determined to be incomplete, notification, which indicates which portion of the application is incomplete, will be mailed to the applicant within 10 days following submission of the application, REQUIRED MATERIALS - The applicant shall provide the following: Requirements Complete Comments 1 Is the proposed use a permitted use YES NO St, Joseph Code of Ordinances 52,28 subd, 2 (t) Warehouse/distribution facilities are permitted 2 Lot Area - Minimum Requirement (1 acre) YES NO The proposed site is 3 acres, exceeding the minimum 3 Setback Requirements a) Front Yard - 30 feet from the lot line YES NO The front yard is setback approximately 118' b) Side Yard - 25 feet from the lot line and must be YES NO The building is setback approximately 120' on the sideyards --~------ landscaped if abuts any_l1J.adwé1t...._______. ___.~_~_~~_~__ c) Rear Yard - 20 feet YES NO The rear yard is setback 141.71' . 4 Height Requirements - Maximum height 55 feet YES NO The proposed building is 25 feet in height, exceeding the minimum requirements 5 Site Coverage - No structure may cover> 50% YES NO The structure is 12,800 covering approximately 10% of area 6 Parking Lots - paving stones, concrete, bituminous YES NO The driving areas and parking lot to the front of the building is asphalt Industrial areas may have class II if approved by PC and indicated on the plan, The area extending to and including the loading area is proposed to be Class 2, crushed granite which is consistent with the Ordinance and past practice, Concrete aprons will be provided, 7 Loading Docks - Loading docks must be 10' x 50 YES NO Four loading docks are illustrated on the rear of the building and they meet the requirement. 8 Exterior Requirements - YES NO Gray precast concrete, Adornment requirement is not mandatory with this type of construction, However, he is using landscaping as adomed, 9 Statement of Development - The development plan must include a statement concerning the specific nature of the use to which the property is to be put and include YES NO See Attached, certification that the proposed use shall comply with all regulations, ordinances or special provisions that apply, Project: Safe Shred Determination: ---L- COMPLETE - INCOMPLETE Developer: DM Building Site Plan,submitted: Date Reviewed: .age2of3 10 Landscape Plan NO 11 Screening of HVAC NO Landscaping 12 Lighting YES NO Will provide detail at building permit application, 13 Curb Cut NO See Plan - May need to be modified, 14 Landscaping - A unified parking plan must be submitted 1m NO See Plan 15 Development Plan a) Building Location on the lot drawn to size NO b) Building elevations; front, rear, side NO c) Building Exterior material and color NO d) Locations of ingress/egress NO .) Dumpster/solid waste areas screened NO f) Sign Location and dimensions YES Dimensions not available at this time, g) Lighting Standard and hood detail YES h) Parking and loading areas defined NO i) Drainage by the use of arrows and/or contours NO j) Screening of HVAC Equipment NO k) Landscaping material including the location, type, size NO I) Fire hydrant and fire lane locations NO m) Utility Locations YES NO Coordinating with engineer n) Fencing/screening/accessory buildings identified YES NO N/a 0) NPDES Permitting requirements fulfilled YES NO Will submit with application. p) Compliance with state and federal guidelines including, NO but not limited to glare, smoke, dust, odors, and noise, q) Required fee NO 16 Signage - Each individual business is allowed one sign not to exceed 50Square feet and the site is permitted an additional free standing sign not to exceed 100 square NO The monument sign will not be installed at th is time, feet. 17 Parking - Manufacturinq, fabricatina or processinq of a product or material. warehouse. storaae, handlina or bulk qoods. post offices, At least eight (8) spaces, plus Project: Safe Shred Determination: ~ COMPLETE - INCOMPLETE Developer: DM Building Site Plan submitted: Date Reviewed: Page 3 of 3 . one (1) space for each two (2) employees on each shift YES NO 26 spaces are required, based on maximum planned employment or at a minimum one (1) space for each five hundred (500) square feet of floor area, -- ---~- ---------------~--- -------------------------- . . CITY OF ST. JOSEPH DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of July, 2004, by and between Jeff Ramler, hereinafter called "Developer" and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WITI'\lESSETÆ . WHEREAS, the Developer is the owner of a certain real property located within the City limits which is legally described as Lot 2, Block 1, Buettner Business Park 2, according to the plat thereof on file with the Stearns County, Minnesota Recorder (the "Property"); and WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed on Exhibit A attached hereto ("Development Plan"), which describes the construction project and related facilities ("Project") the Developer proposes to construct on the Property; and WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to provide for inspection and review during the construction of the Project; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL 1.1 Request for Development Plan Approval: The Developer has asked the City to grant final approval of the Development Plan for the Project to be constructed on the Property. 1.2 Conditions of Development Plan approval: The City, after requisite notice and hearing, has granted final approval of the Development Plan subject to the terms and conditions of this agreement. 1.3 Scope of Aqreement: This Agreement, and the terms and conditions hereof, - apply only to the Project. This Agreement does not obligate Developer to construct the Project, but Developer must comply with the Agreement if it goes - forward with the Project. If Developer elects or is unable to go forward with the . Project, or chooses not to rebuild the Project after a fire or casualty, it may propose to the City a new project or development for the property, subject to the regulations then in effect for development approvals, and the Agreement shall not apply in any manner to such a new proposal. 2.0 RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the escrow required in section 3.12 to secure periormance of the Developer's landscaping obligations has been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed, 3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS 3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures shall be sited and constructed on the Property as shown on the Final Site Plan prepared by Mahler & Associates Architecture dated 7/20104 (referred to in Exhibit A) (hereinafter the "Development Plan"), subject to the provisions of this agreement. Any deviations from the Development Plan shall require prior approval by the City Planning Commission. 3.2 BUILDING STRUCTURE: 12,800 ft2, Gray preca~~~>ncrete building, 25'4" tall, -,- one story. . 3.3 BUILDING CODE COMPLIANCE: All buildings and accessory structures shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. 3.4 SITE PREPARATION: The Developer shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of suriace water runoff, As the development progresses, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary. 3,5 BUILDING ELEVATION: The proposed building(s) will not exceed the building elevations shown on the Development Plan, 3,6 BUILDING EXTERIOR: The building exterior shall consist of the follow: · Exterior Finish - Gray Precast Concrete · Overhead Doors - White · Building Entry - Dark Bronze · Access Doors - Gray Any changes in the exterior materials shall require final approval by the City Planning Commission. 3.7 INGRESS/EGRESS: Vehicular access to the Property shall be as shown on the Development Plan, dated 7/20104, and referred to in Exhibit A. 3.8 SIGNAGE: Signage shall consist of the follow: - - . a). One monument sign not to exceed the maximum allowed as stated in the S1. Joseph Code of Ordinances52.33. The sign shall be located as illustrated in exhibit A. b). Each tenant shall be allowed one wall sign not to exceed 50 square feet. 3.9 LIGHTING: Lighting shall not exceed .40 candlewatts at the property line. 3.10 OFF STREET PARKING AND LOADING: The Developer shall provide at least 26 off street parking spaces, including 2 handicapped spaces and loading area(s), as shown on the Development Plan. The parking lot shall be constructed with a hard surface consisting of asphalt or a similar surface material approved by the City Engineer. 3.11 GRADING/DRAINAGE: The final drainage plans must be approved by both the City Engineer and the County Engineer. The holding pond constructed by the Developer for this project shall remain a privately owned and maintained holding pond and the City shall not have any responsibility for improving or maintaining such. 3.12 LANDSCAPING/FENCING/SCREENING: As directed by the landscape design, the Property will have a minimum of 5 trees and 25 shrubs. The vegetation shall be planted as shown on the landscape design. All lawn sodding and other landscaping shall be substantially complete by the "Completion Date" (See Sec. 3.20). Developer shall post $3,000 in escrow/letter of credit with the City to ensure compliance with the landscape design requirements under this Section, . The escrowed funds shall be released to the Developer when the landscaping has been installed. The HVAC equipment, dumpsters and off-street parking shall be screened from view as shown on the Development Plan. The City may inspect the Project io ensure that all required vegetation, fencing, and screening are installed. 3.13 FIRE HYDRANT/FIRE LANE: As shown on the Development Plan. 3.14 UTILITY PLAN: The utilities shall be installed as directed by the City Engineer with all plans approved before application for a building permit. 3.15 ADDITIONAL IMPROVEMENTS: None 3.16 NPDES/CITY OF ST. JOSEPH SWPPP: At the time of application for a building permit, a completed storm water application must be submitted and before work can begin, a copy of the MPCA permit must be submitted to the City and must be posted at the job site. 3.17 FIRE/SAFETY REQUIREMENTS: Project must be constructed to comply with City Code and statutory requirements. 3.18 REQUIREMENTS FOR BUILDING PERMIT: No building permit shall be issued for this Property until the Developer has signed and returned this Development Agreement, obtained any necessary easements and provided the City with a copy of the easement documents, and submitted any additional information as directed by the City Engineer. 3.19 REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: Per State and City building codes. 3.20 CONSTRUCTION SCHEDULE: The Developer shall apply for a building permit . within one year of the execution of this agreement. Failure to apply within the one-year period, shall render this agreement null and void. The improvements shall be substantially completed by the first (1st) anniversary of the date the building permit for the Project has been issued to Developer, and no later than the second anniversary of the execution of this agreement, sUbject to reasonable extension for delays due to force majuere causes and material supply shortages beyond the control of Developer (the "Completion Date"), 4.0 GENERAL TERMS AND CONDITIONS 4,1 Title. The Developer hereby warrants and represents to the City, that Developer's interest in the Development is fee owner, 4.2 Bindinq Effect on Parties and Successors. The terms and provIsions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property and/or Project and all recording fees shall be paid by the Developer. If the Property and Project are sold or conveyed to a third party, and the third party, in a writing satisfactory to the City, takes and assignment of, and agrees to assume the obligations of the Developer under, this ~@emenl.Jllli...RIis¿(___o_wn.e.rL1r.aJlsteL-__ will, from and after the effective date of the assignment and assumption, be . released from any further obligations under this Agreement; provided however, that in no event will Jeff Ramler be released from its obligations under this Agreement prior to the City's issuance of a certificate of occupancy for the Project. 4,3 Notice, Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses of the parties hereto are as follows. If to the City at: City Administrator City of St. Joseph PO Box 668 St. Joseph, MN 56374 If to the Developer at: Jeff Ramler Safeshred PO Box 135 Sartell, MN 56377 4.4 Incorporation of Documents bv Reference, All of the Development Plan documents identified in attached Exhibit A are incorporated by reference in this Agreement. 4.5 License to Enter Land, The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform . inspections deemed appropriate by the City during the development of the Property. 4.6 Certificate of Compliance. This Agreement shall remain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the Developer and upon the adoption of a resolution by the City Council finding that the Developer has completed performance of all Developer's duties mandated by this Agreement, the City shall issue to the Developer on behalf of the City and appropriate certificate of compliance. The Certificate of Compliance shall be in recordable form and shall constitute prima facie evidence that the Developer has performed its duties and obligations under this Agreement. 4.7 AssiQnment. At any time before a Certificate of Compliance has been issued, this Agreement may not be assigned by Developer except upon obtaining the express written consent of the City. 4.8 InteQration. This Agreement contains all of the understandings and agreements between the parties. This agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 4.9 Execution in Counterparts. This Agreement may not be executed in any number of counterparts, each of which shall constitute one and the same instrument. 4.10 Governed bv Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. . 4.11 Representation. Rajkowski Hansmeier Ltd. Represents the City with regard to this Agreement. Developer is hereby advised to seek, and has consulted, an independent legal advisor prior to the execution of this Agreement. 4.12 Additional Terms. The following additional terms are being made a part of this Development Agreement to continue in' force and effect as though they were dedications of the Development Plan, unless according to their terms are intended to terminate earlier. 5.0 DEFAULT AND REMEDIES 5.1 Default. Failure by the Developer to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the Developer under this Agreement. 5.2 RiQht to Cure. The City shall give the Developer written notice of any default under this Agreement. The Developer shall have 10 days in which to cure the default (or in which to commence good faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 5.3 Remedies, If an event of default is not cured by the Developer within the applicable cure period, the City may do any, all or any combination of the following: a. halt all further approvals regarding improvements or issuance of - building permits or occupancy permits relating to the Development Property; b. seek injunctive relief; . c. take any other action at law or in equity which may be available to the City. Effective as of the day and year first written above. CITY: ATTEST CITY OF ST. JOSEPH By By Judy Weyrens Larry Hosch City Administrator Mayor DEVELOPER: Safeshred LLC By Jeff Ramler _'____~~ ______ ______~__,_' __~ ______,--ªï. Elaine Ramler . STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this day of , 2004, before me, a notary public within and for said County, personally appeared Larry Hosch and Judy Weyrens, to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator of the City of St. Joseph, Minnesota, the municipal corporation named in the foregoing instrument, that said instrument was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public - - STATE OF MINNESOTA ) . )ss COUNTY OF STEARNS ) On this day of , 2004, before me, a notary public within and for said County, personally appeared, Jeffrey and Elaine Ramler, the respectively of Safeshred LLC, the Developer named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public ~--~~. . - - """..,, (ore) "',,' ""'" ""' ·'0"", .,. odIMd~ ê:L0Ir69Z;{Oœ) :/31. '. ~e~e !ns'e^VL L. 'Nv~ , . V.IV.'JeILf"I/I '.a.'H.eweeJÐ. fJ", i. ~. . 1:J311NVt:I.:H3r ......,...../ 3 tI n .L a 3 1. I H a \:J v I NL^J 'Hd3sor ·1.S voloclL 00' ' S;Jl.V JOSS $ ~;ll~VV\J ¡ G">ld'ssnSI:J3Nil3nS . , .' \-I ':0ß¡; i . ~ }i001S 'G .101 "OQ 3 « v . 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I Attachment: Yes or No I REQUEST FOR PLANNING COMMISSION ACTION 2003 Interim Use Permit Review DATE: August 2, 2004 AGENDA ITEM Review òf 2003 Interim Use Pennits PREVIOUS ACTION When the Planning Coriunission issued Interim Use Pennits in 2003 for Owner Occupied Rental Units, a contingency was included that required annual review of the Pennit. As part of the review, the Police Department was asked to provide any Police Reports concerning the subject properties. As you can see only one property had a complaint and that was for a bon fire. The Planning Commission also requested that the property owners be notified when the Planning Commission reviews the pennits. The following notice was mailed to abutting property owners. --------_.~-----,-------------~~------.----~------~----~-~---~~----- ----------.- ------ ---_._----._---~ -- - ---- ---- ~.- .. -----------.._------- - . RECOMMENDED PLANNING COMMISSION ACTION Continue the Interim Use Penn its for Kalkman and Bader and discussion the continuation or expansion of the Kappes Pennit, COMMENTS/RECOMMENDATIONS The Interim Use Pennit granted by the Planning Commission for Brandon Kappes has not been completed. Mr. Kappes had the property reviewed by the rental inspector but never followed through and finished the process. Therefore, a license has not been issued and he has been renting the property to one individual. It is my understanding that Mr. Kappes will be requesting authorization to secure a rental license for up to 2 persons. The Planning Commission needs to detennine if this is acceptable. For your convenience I have enclosed the resolutions granting the Pennits, all of which were also accepted by the City Council. . -"'--_?:~;¡i- CITY OF ST. JOSEPH . '~iW"'i, cityofstjoseph ,com MEETING NOTICE Annual Review of Interim Use Permits Please be advised that the Planning Commission for the City of S1. Joseph will be reviewing Administrdtor the following Interim Use Permits on Monday, August 2,2004 at 7:15 PM in the St. Joseph Judy Weyrens City Hall, 25 College A venue North. MdYor INTERIM USE PROPERY ADDRESS PROPERTY OWNER Ldny I, Hosch Owner Occupied Rental 209 East MN Street Kathryn Kalkman Councilors Owner Occupied Rental 101- 5th Avenue NW Mike Bader AI Rdssier Ross Rieke Owner Occupied Rental 32 - 1st Avenue SE Brandon Kappes Gðry Utsch Dctle Wick Persons wishing to comment on the effect of the Interim Use Permits during the past 12 months will have the opportunity to do so with oral comments limited to 5 minutes. Written comments may be submitted to the City Administrator, PO Box 668, St. Joseph MN 56374. . Judy Weyrens Administrator . 2. Ii Coil c g e ^ \' C nul' N 0 f t h . POI) 0 x 6 6 8 . S din t, I 0 s e ph, M inn l' sot d .¡- 6 j 7 4 Ph 0 n (' 1 2. 0 ' , 61 :' 2. () I l'ci X 12.o,,6j,O,42. RMS Report / , Case Number: Officer Assigned: Badge Number: How Rec'd: JOHNSON 7711 RADIO o See Complainant Supervisor Approval: TYPE OF OFFENSE(S), -INCIDENT CLASSIFICATION 1. 2. 3. BURNING COMPLAINT Level of Offense: Level of Offense: Level of Offense: o P. Misd. 0 Misd. 0 G. Misd. 0 Felony o P. Misd. 0 Misd. 0 G. Mísd. 0 Felony o P. Misd. O. Misd. 0 G. Misd. 0 Felony Location of Incident: Date Incìâent Occurred: Day of Week Incident Occurred: 209 MINNESOTA STREET EAST 04/14/04 WEDNESDAY Time Reported: Time Assigned: .-, Time Arrived: Time Cleared: ... " 2235 2235 ~ . 4- 2235 2300 ·_~:á· ,ASSISTING'DFFICER S : Assisting Officer(s): 7702 PARTICIPÄNT#l181 COMP 0 VICTIM 0' SUSPECT"OWITNESS 0 MENTIONED 0 JUVENILE OM o'iF Name (Last, First, Middle) DIL #: PFANNENSTEIN, JEANETIE EVA P-552- 385- 238-873 Street Address: City, State, ZIP: 208 ASH STREET EAST ST JOSEPH, MN 56374 Arrested: Citation Issued: Citation #: Eyes: Hgt: DYes 181 No DYes [2J No PARTICIPANT#20COMP DVICTIM'181SUSPECFD,WITNES,S 0 MENTIONED,OJUVENILE, OM d;F Na,mE! (Las!/First, Middle) ..Dªt.§!otBlrto:_ _ ,,--' nD/J #: State: .. LKMAN, KATHRYN MARIE 11/02/83 WHITE' K-425-461-585-843 MN t Address: City, State, ZIP: 2716 23RD AVE S ST CLOUD,MN 56301 Arrested: Citation Issued: Citation #: Eyes: Hgt: DYes 0 No DYes HAZEL 5'-1" Color of Vehicle: :vEffifé~E'#2N;'·' .".. License Plate Number: Color of Vehicle: Vin #: DYes ONo ~ Planning Commission - Extract of June 2, 2003 · Deutz made a motion to recommend the Council approve the issuance of an Interim Use Permit to John and Kathryn Kalkman for property located at 209 East Minnesota Street with the following contingencies: 1. The rental license will be reviewed annually each July 2 and any Ordinance violations will impact the continuance of the IUP. 2. Annually the rental license application must provide proof that Kathryn Kalkman is the property owner. 3. The Interim Use Permit will sunset on August 14, 2006. The motion was seconded by Lesnick. Ayes: Utsch, Kalinowski, Lesnick, Graeve, Deutz Nays: Loso Motion Carried: 5:1 · · ¡ · Resolution of finding The request of Brandon Kappes for an Interim Use Permit request came before the Planning Commission at a public hearing held on October 6, 2003. The Public Hearing was closed and the Planning Commission tabled action until November 10, 2003 so that additional information could be provided. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District. The property is legally described as The Southerly 17.4 feet of Lot 2 and the Northerly 30.2 feet of Lot 3, in Block 1 Loso's Subdivision of Block 2 of Loso's First Addition, according to the plat and survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns and State of Minnesota located at 32 - 2nd Avenue SE. St. Joseph Code of Ordinances 52.27. subd 5 allows for an Interim Use permit as follows: Residential rental provided the unit is owner occupied and provided the room (s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a fifty percent (50%) or greater interest in the property. The request for Interim Use has been submitted by Brandon Kappes- 32 - 2nd Avenue SE St. Joseph MN 56374. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the · COmpreheÙlsivePlan ana O-fainárices- of ffie- ClryofSr' Joseph-, fne Planning Commission makes tne - c; , following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District with the following contingencies: 1. The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void. 2. Based on the parking plan submitted, the rental license shall restrict the number of tenants to one (1). If the property owner increases the off street parking, a new plan must be submitted to the Planning Commission and they will reconsider the maximum occupancy, 3, Approval of the Rental Housing Inspector 4. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances. · Deutz made a motion to recommend the City Council adopt the following finds, recommending · approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District. The motion was seconded by Kalinowski. Resolution of finding The request of Michael Bader for an Interim Use Permit request came before the Planning Commission at a public hearing held on July 7, 200. The purpose of the hearing was to consider issuance of an Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District. The property is legally described as Lot Thirteen, Park Terrace, according to the plat and survey thereof on file and of record in the Office of the County Recorder in and for the County of Stearns and State of Minnesota located at 101 - 5th Avenue NW, S1. Joseph Code of Ordinances 52.27, subd 5 allows for an Interim Use permit as follows: Residential rental provided the unit is owner occupied and provided the room (s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person and the owner occupying the property as his or her principal residence and must own a fifty percent (50%) or greater interest in the property , The request for Interim Use has been submitted by Michael Bader, 101 - 5th Avenue NW; St. Joseph MN 56374, Notice of this matter was duly served and published, In con~ide¡ration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of S1. Joseph, the Planning Commission makes the · following findings: The proposed use is consistent with the standards for granting an Interim Use Permit, St. Joseph Code of Ordinances 52.07.04 Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval of the Interim Use Permit to allow an owner occupied rental unit in a R1 Zoning District with the following contingencies: 1, The rental license in non-transferable and if the property is sold or the ownership changes so that the aforementioned no longer owns a 50% or greater interest in the property the Interim Use Permit is null and void, 2, Approval of the Rental Housing Inspector 3. The Planning Commission will review the license annually and revoke the license if the property is in violation of the St. Joseph Code of Ordinances, 4, The City Office will place a notice in the S1. Joseph Newsleader when the owner occupied rental licenses are reviewed and will accept public comments, The motion passed unanimously. · I Attachment: Yes or No I . REQUEST FOR PLANNING COMMISSION ACTION Arcon Development - Concept Review DATE: August 2, 2004 AGENDA ITEM Arcon Development - Concept Review PREVIOUS ACTION The City Staffhas been meeting with representatives of Arcon to review the proposed development plan for a plat entitled Rivers Edge. The property is located south on CR 121 and was fonnerly owned by Joe Bechtold and Jerry Heim. The concept plan includes a broad brush review checking densities, land uses (comparing to Comprehensive Plan and Zoning Map), outlining the process for development including time lines, discussion on Affordable Housing, housing types, and PUD Development guidelines. The has and will continue to meet with Arcon to develop the preliminary plat. The attached infonnation illustrates the density for each development area. ' This calculation was required to assure the density for each underlying zoning district is not exceeded. In review the data it appears though the density has been reduced to meet the Ordinance requirements. . River's Edge will be developed as a PUD, seeking some relief from zoning district guidelines. As the preliminary plat is designed those items will be identified for the Planning Commission. As per our : policy, any setback being relieved must be identified and approved by the Planning Commission. With regard to environmental concerns, Arcon opted to utilize the AUAR Environmental review process for the project. This process is very comprehensive and expanded over a 9 month time period. For your infonnation I have included a copy of the AUAR. The Final document has been accepted by the City Council. This document is not intended as a discussion item for Monday, rather as FYI. I have also included the list of agencies that have had an opportunity to review and comment on the proposed plan. All comments received were reviewed and included in the Final AUAR. With regard to the road alignment and access to County Road 121, County Engineer Mitch Anderson has been involved with the process and provided direction and feedback. Staff also discussed the extension of the sidewalk and decorative lighting along CR 121, which the developer is considering. The staff also requested consideration for linking the trail system and possibly providing a trail through the proposed park area. This matter is being referred to the Park Board for consideration in August. Their recommendations will be incorporated with the Preliminary Plat. RECOMMENDED PLANNING COMMISSION ACTION Discuss the proposed concept plan and provide direction for the Preliminary Plat. - - . Preliminary Rivers Edge PUD Narrative Arcon Development, Inc. St. Joseph, MN July 12,2004 The Rivers Edge site is a 464-acre site located northeast of 1-94 and northwest of the Sauk River. It is south of the downtown area ofthe city of St. Joseph and was recently annexed to the city. The site is bisected by Stearns County Road 121. The site is being proposed as a residential Planned Unit Development (PUD). A PUD allows some deviations from existing ordinances; however it complies with the general intent of underlying zoning. A PUD may create non typical developmentdeU;i.ils. This document is intended to establish performance standards for the Rivers Edge PUD aJ.1d to clarify any non typical standards. PUD Justification The City of St. Joseph Comprehensive Plan (2002) includes plans for general land use, future land use, transportation and staged urban services in an <area that includes this 464- acre site. The Comprehensive Plan calls for the property to be zoned high density residential or Planned Unit Development along the County Road 121 corridor with the remainder of the property medium density resictential,lowdensity residential, or Planned Unit Development (PUD). . The Rivers Edge projecti§being pltUllled asaPUD. This site uses the underlying zoning to determine the allowablèdep&ityforthe site. The attached density diagram shows the density justification for the site., H())Vever, the1452ùnits allowable is greater than 1052 stated in the ArconStJosephi\.UA!t.The actuaJsite plan is estimated to add 881 +/- housing units to the city. The AUAA contains extensive detail on infrastructure (traffic, water use, etc.) ançlresourceiIfipacts.¡The attached road hierarchy diagram shows the proposed system qfcollectór,toadsälÖng with the residential streets. A PUD offers a vaHetyofbenefits to the city. A PUD can be used to accommodate a wide variety of hOllsingtýpes. The Rivers Edge PUD will be a mixture of five distinct housing types including custom lots, entry lots, patio lots, townhome units, apartment units, and a seniorfcampus. The variety of these lots is intended to serve the diverse demands of a growing community and provide housing opportunities for a variety of lifestyles. This PUD also establishes a comprehensive development plan for a large area while maintaining a cohesive project. This allows natural amenities such as wetlands to be maintained for community benefit or as barriers to separate housing types, Natural amenities within this site include the Sauk River to the southeast, scattered wetlands, a wooded hillside, and a few pockets of scattered trees. A neighborhood park with some public facilities is planned adjacent to the Sauk River. This park and the site improvements will be an amenity for this neighborhood as well as the entire community. . This new park area will be linked with trails to other existing parklands within the community including Klinefelter Park and the Township Park. Most of the wetlands are Rivers Edge PUD Narrative Page 2 . intended to remain as open space and to provide buffers between housing types and to maintain the open feel of the development. These open spaces will allow other areas of the development to be rather compact with smaller lot sizes while still maintaining a small community character. The compactness of the development will also minimize the lateral extent of utilities. Residential Types In order to maintain a viable economic density along with these extensive open spaces, some variations from underlying zoning may be required. These variations are detailed in the following descriptions. Custom Lots Approximately 10% of the units will be custom lots. These lots wiUmeet or exceed R-l Zoning requirements. Custom lots will be a minimum of 85 feet wide and 130 feet deep with a minimum area of 11,000 square feet. Buildings will be setback a minimum of30 feet from the front ROW, 10 feet from interior side yard lot lines, 25 feet from the street side, and 20% ftom the rear lot line. These extra wide (versus 75' wide standard lots) are lots located on the wooded rolling hills on thesbuthwest comer of the site and will aid in the effort to preserve trees when grading the site. Entry Lots . The area south of ÇOuntyRoad121and east of Jade Road and a small area west of Jade Road are intendedtoprovide a 111.ajbrity of our single family housing. Both ofthese areas are somewhat isolated because of natural features'·such as the Sauk River and strategically placedwetlMds as well as manmade features such as 1-94, County 121, and Jade Road. Thesebound,ed areas may be suitable for a development style called "coving" which uses a unique road pattern without significant impact on adjacent neighborhoods. The Entry levellots C01TIPrise the largest portion of the site at approximately 55% of the units. Ifused, covingvaries from traditional grid street patterns in many ways. The most obvious variationsinclude the use of gently curving streets with less intersections, pie shaped lots, and variable ftont yard building setbacks. These variations allow for expansive ftont lawns and open space along the road. This is intended to create some immediate aesthetic interest in an area currently with minimal natural amenities. Entry lots will be a minimum of 75 feet wide at the ftont building setback, 65 feet wide at the back building setback, 125 feet deep and a minimum area of 9,375 square feet. Buildings will be setback a minimum of 10 feet from interior side yard lot lines, 25 feet from the street side, and 20% from the rear lot line. Front yard setbacks will vary if coving is used but be a minimum of30 feet from the front ROWand a maximum of 100 feet from the front ROW. Patio Lots . The area bounded to the south by County 121, to the north and east by Jade Road, and to the west by property limits is somewhat segmented and ideal for a unique housing type.. Rivers Edge PUD Narrative Page 3 . This area will be patio lots and contain about 5% ofthe site units. Patio lots will be a minimum of 50 feet wide and 130 feet deep with a minimum area of 6,500 square feet. Buildings will be setback a minimum of30 feet from the front ROW,S feet from interior side yard lot lines, 15 feet from the street side, and 20% from the rear lot line. These lots also comply with the density allowed by the mostly underlying R-3 zoning and the higher density residential suggested by the Comprehensive Plan in this area. Townhome Units The area bounded to the north by County 121, east by the realigned Jade Road, south by the property limits, and west by a sizeable wetland is also suited to a unique housing type. This area will be townhomes and contains approximately 5% of the development units. This uniquely shaped area will have private roads and a homeowners association. Individual owners will own the land their building is on plus a small area around the building. The remainder of the area will be a common lot with shared interest among all of the townhomes. Buildings will be setback a minimumof25 feet from private roads. There will be minimum of 20 feet between buildings. The association will be responsible for grounds (snow and turf) maintenance including the common lot. More specific responsibilities will be included in the association agreement. Apartment Units A small area south of County 121 andboµl1dedbywetlandsis suited to another unique housing type. It's a.djacencyto Coû11ty 121 and limited area makes it suitable for . apartments. This land use complies with the Comprehensive Plan suggesting high density residential adjacellHoCounty 121 in this. area. This area contains 90 units or approximately 10% of the development ùt1its.Buildings will be setback a minimum of 35 feet from the fro:ntRO W, ,. 20 feet from il1~ri()r$ide yard lot lines, 30 feet from the street side, and 40 feet.frøm the rear lotline. The adjacent wetlands provide a buffer to lower density residentialtypesandelimi]1ate the need for a wetland crossing in these areas. Seniors Campus, The area north9fêounty121, west of the Jade Road extension, and bounded by wetlands to the north is somewhatisolated and ideal for a unique housing type. This area will be a seniors' campus and comprises about 15% of the site units. It has an estimated 132 units with three distinct housing types that will be segmented by wetland fingers which extend from the wetland to the north. It may include a community area, recreation areas, and a small amount of supportive retail and service areas. The seniors' campus will have private roads and a homeowners association. The association will be responsible for roads and grounds maintenance including the common areas, These smaller private roads are well suited for the wetland crossings necessary to connect upland areas. The surrounding open space will help maintain an open feel in these otherwise compact units. The adjacent wetlands also provide a buffer to other residential types. . © 2004 Westwood Professional Services, Inc. A '~r'g f<~ 01\1 ,. h."! .\Jî i ~ 'ï-._ ~ __ ~, BPi1lr"~~;lj , ,. i~*~!A~~1~~\i\~:\}~ _ _..,,:t.".,.>~h . ~)¡',}. DEVELOPMENT, INe. ~ 1\ 1 \ I \ 1 \ J \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ .... \ .... \ .... \ .... .... .... \ .... \ \ .... \ .... / \ \\.\ \ .... PROPOSED/ \ "V~ \ \ ~ \ P ARKLANQ \ \ / \ '1; \ ..., \ . \ \ ~ \ \ \ \ \ \ \ \ \ \ \ ~ / I I \ "-I I " " I " I " " 1 " I \ I \ I \ ) 1 I 1/\ I I, \ I I \. / .... / .... / / / I / Wetland Buildable Minimum Units Units Rivers Edge Total Area Row Area Area Lot Size Allowed Proposed R-1 North 1989288 154576 1010097 824615 11000 75 40 R-1 South 10569316 1639007 949547 7980762 11000 726 551 St. Joseph, MN R-3 North 1084982 50680 73233 961069 3500 275 140 R-3 South 1675134 176065 133727 1365342 3500 390 143 by Shoreland 1619475 78029 1213446 328000 45000 7 7 Arcon Development Park 2242847 0 1954898 287949 xisting ROW 683045 5'or Illustrative !Purposes Om!! Density Diagram "T Westwood Proœssional Services,lnc. July 12, 2004 3701 12th Street North.Suiœ 2D& St.CIoII4.MN563G3 !'haM: 310-151-84" Fu: J2O.1!I.8n7 20045046DPF02, dwg ,© 20.04 Westwood Professional Services, Inc. , ' '! }~-.\lFL( ~PA1EI'·J'r, 11\j(:, , .. '- '':'. " , .' ~ 1\ I \ I \ I \ J \ \ \ .. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \. \\ \ \ \ ..,~ \ \ ~ \ '-1ö \ , \ ~ \ \ \ \ \ /' \ / \ I "- I "- I "- Road Classification "- I "- I '\ I \ I \ ~ Major Collector ) 1 I III Minor Collector '/\ , " \ I \ / III Neighborhood Residential / \ / \ /' c=J Local Residential /' / / / Rivers Edge st. Joseph, MN by Arcon Development Yor I{{ustrative !Purposes Onf!l street Hierarchy "T Westwood Professional Services, he. July 12, 2004 37011lthStJ'e.etNorth.Suite206 5t.Ooud.MN56303 PhcM: :J2O.25S-9495 Fu: no-25J..81J1 20045046DPF03,dwg