Loading...
1999.03.08 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY March 8, 1999 7:00 PM A. Approval of Minutes from February 8, 1999 Meeting B. Public Hearings Public Hearing to consider Application 99-2.3 for Site Plan Review, as submitted by Rise, Inc. (applicant) and John Day Company (owner), for construction of a 15,000 sq. ft. community based rehabilitation facility in the 1-1 Light Industrial District at 5353 Lakeland Avenue North (P.I.D. 08-118-21-11-0006). 2. Public Hearing to consider Application 99-3.1,3,4,8, as submitted by Crystal Lakes Cemetery Association (applicant and owner), for the following requests related to the Glen Haven Cemetery property: ❑ Re -platting of First, Second and Third Additions to Glen Haven Memorial Gardens into three parcels; and ❑ Rezoning of one of the newly created parcels adjacent to West Broadway from R-1 Single Family Residential to R -O Residential Office; and ❑ Conditional Use Permit for a funeral home to be located on the parcel being rezoned to R -O Residential Office; and ❑ Site Plan Review for construction of the 8,200 sq. ft. funeral home. 3. Public Hearing to consider Application 99-4.1,8, as submitted by The Bancor Group (applicant ) and Crystal Lakes Cemetery Association (owner), for the following requests related to the southerly 10 acres of the Glen Haven Cemetery property at the northwest corner of 47 Avenue North and Zane Avenue North: ❑ Preliminary Plat for a subdivision composed of 60 single family residential lots; and ❑ Planned Unit Development for 60 single family residential units, to include lot width, lot area, street right-of-way width and front yard setbacks lower than the minimum standards in Crystal City Code. C. Adjournment • For additional information, contact John Sutter at 531-1142 • FAGROUPSICOM DEVLPIPLANNINGIPLANCOMM17999M.08\agendasummary.doc 205 February 8, 1999 CRYSTAL PLANNING COMMISSION MINUTES The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Elsen, Graham, Kamp, Koss, Krueger, Magnuson, Nystrom and VonRueden. Also present were Planner Sutter and Secretary Scofield. A. Moved by Commissioner Elsen and seconded by Commissioner Nystrom to approve the minutes of the January 11, 1999, meeting. Motion carried. B (1). Chair Magnuson declared this was the time and the place as advertised for a public hearing to consider the following applications submitted by Industrial Equities (applicant) and the Crystal Economic Development Authority (owner): ❑ Application 99-1.1 for Rezoning of 5540 Lakeland Avenue North (P.I.D. 04- 118-21-33-0013) and 5917 56 Avenue North (P.I.D. 04-118-21-33-0012) from B-3 Auto -Oriented Commercial to I-1 Light Industrial, together with Rezoning of 5541 Zane Avenue North (P.I.D. 04-118-21-33-0030) from R-1 Single -Family Residential to I-1 Light Industrial; and ❑ Application 99-1.3 for Site Plan Review for construction of a 92,198 sq. ft. mixed use light industrial building to be located on property located at 5540 Lakeland Avenue North (P.I.D. 04-118-21-33-0013), 5917 56`" Avenue North (P.I.D. 04-118-21-33-0012), 5518 Lakeland Avenue North (P.I.D. 04-118-21- 33-0011), 5454 Lakeland Avenue North (P.I.D. 04-118-21-34-0110), and 5541 Zane Avenue North (P.I.D. 04-118-21-33-0030). Planner Sutter stated staff thought the project needed more landscaping abutting the residential. There is adequate parking on the site although some tenants might exceed the ordinance. Staff will monitor on a complaint basis. There is provision for 222 stalls. With a higher proportion of offices the project would need more spaces and with a higher proportion of warehousing would need fewer. The building will be concrete panels with brick accents around the doors. Planned landscaping of Colorado Spruce 30 ft. apart on center. Suggest berming and possibly a fence all the way across the property. Lighting will need to be corrected in two locations to comply with the ordinance. EDA used tax increment financing (TIF) and will recapture some TIF for site preparation. Chair Magnuson suggested that property rezoned would stay that way only if the project proceeds—probably not legal, but the Planning Commission could look at it again and make a change. F:\GROUPS\COMDEVLP\PLANNING\PLANCOMM\1999\02-08\MINUTES.doc �x 01 . February 8, 9999 Jeffrey Salzbrun and John Allen of Industrial Equities appeared. Projects of office and warehousing and medical laboratories are in other cities such as New Brighton and Eagan. There could be a berm and a fence by the houses but not a continuous fence around the whole property. Air conditioners will be on the roofs. Hours will probably be 7 a.m. to 6 p.m. Commission was concerned with parking, the number of truck bays (25), the signage and refuse screening. There will be one or two monument signs and individual signs for the tenants. The following were heard: Luna Cooper, 5565 Zane Ave. N., a 19 -year resident, stated she was strongly opposed to this proposed project because of pollution (suffers from asthma), traffic, increased crime, possibly destroying community and noise level. The adjacent 4-plex on Bass Lake Road has been in violation because of refuse problems and very little done. With a holding pond worried that water will be stagnant and a mosquito breeding area. Other residents attended but did not speak. Letter from Carpet King, 5445 Lakeland Ave. N., wanted the zoning to remain as it was as properties have been highway retail for years and feel rezoning would be a detriment to surrounding properties. Moved by Commissioner Elsen and seconded by Commissioner Kamp to close the public hearing. Motion carried. Moved by Commissioner Graham and seconded by Commissioner Elsen to recommend to the City Council to approve Application 99-1.1 for Rezoning of 5540 Lakeland Avenue North (P.I.D. 04-118-21-33-0013) and 5917 56 Avenue North (P.I.D. 04-118-21-33-0012) from B-3 Auto -Oriented Commercial to 1-1 Light Industrial, together with Rezoning of 5541 Zane Avenue North (P.I.D. 04- 118-21-33-0030) from R-1 Single -Family Residential to I-1 Light Industrial, as submitted by Industrial Equities (applicant) and the Crystal Economic Development Authority (owner) The findings of fact are as follows: ❑ The rezoning is consistent with the goals of the Comprehensive Plan. ❑ The geographic area involved is appropriate for the proposed use. ❑ The use is not expected to depreciate the area in which it is proposed. F:\GROUPS\COMDEVLP\PLANNING\PLANCOMM\1999\02-08\MINUTES.doc 207 February 8, 1999 ❑ The project is compatible with the character of the surrounding area. ❑ The demonstrated need for such use is evident from the private developer's desire to locate the facility at this location, and from the lack of similar facilities elsewhere in the City of Crystal. If the project does not go forward, the properties will revert back to the previous zoning. Motion carried. Moved by Commissioner Elsen and seconded by Commissioner Koss to recommend to the City Council to approve Application 99-1.3 for Site Plan Review for construction of a 92,198 sq. ft. mixed use light industrial building to be located on property located at 5540 Lakeland Avenue North (P.I.D. 04-118-21-33-0013), 5917 56 Avenue North (P.I.D. 04- 118-21-33-0012), 5518 Lakeland Avenue North (P.I.D. 04-118-21-33-0011), 5454 Lakeland Avenue North (P.I.D. 04-118-21-34-0110), and 5541 Zane Avenue North (P.I.D. 04-118-21-33-0030), as submitted by Industrial Equities (applicant) and the Crystal Economic Development Authority (owner), and subject to the following conditions: ❑ The applicant shall revise the landscape plan to provide opaque screening along the edges of the site abutting residential property, to include planting, fencing and berming as necessary to screen the building and loading areas. A revised landscape plan shall be submitted no later than February 15, 1999, prior to the proposal being forwarded to the City Council. ❑ All landscaped areas must be watered with a functional underground sprinkler system. ❑ The applicant shall revise the lighting so that the lighting projecting from the site does not exceed 0.4 -foot candles on any adjacent residential property. ❑ Outdoor storage of equipment and materials shall not be permitted. ❑ The parking demand generated on the site shall not exceed the number of off-street parking stalls provided on the site. The mix of tenants and uses shall be controlled by the applicant to ensure that on-site off-street parking is sufficient for the facility. ❑ As a condition of the transfer of property to the applicant, the City of Crystal shall be granted a 20' wide utility easement located 10' either side of the existing water main adjacent to County Road 81. This existing F:IGROUPSICOMDEVLPIPLANNINGIPLANCOMM11999102-08\MINUTES.doc NM February 8, 1999 water main shall remain as a public line to be owned and maintained by _ the City of Crystal. ❑ The sanitary sewer located along County Road 81 shall become the responsibility of the applicant, since it does not serve any other properties and therefore should be maintained by the property owner rather than the City of Crystal. ❑ No building permit shall be issued until the applicant executes the required Site Improvement Agreement. The screening and landscaping plan will come back to the Planning Commission at a later time, even after the Council looks at it. Motion carried. C (1). Review a concept plan and set a public hearing for consideration of a proposal from Ground Development Corporation for a 10 -acre site located at the northwest corner of Zane Avenue North and 47th Avenue North. Planner Sutter stated the property is owned by the cemetery, but that the prospective developer would be buying it from the cemetery. David Newman of Bancor of Golden Valley stated 60 detached homes are proposed. The homes will face inward with larger lots along the perimeter. A homeowners association would consider approval of any exterior changes to the homes. Chair Magnuson felt the development would be too many houses, and with only a 40 -ft. frontage per lot $135,000 to $150,000 was too high. Mr. Sonstegard of Ryland Homes stated this was the eighth national development. Other developments have been at Eagan, Lakeville, St. Bonifacius Chaska, Savage, Maple Grove, Stillwater and Shakopee. Houses will have 1100 to 1300 sq. ft. with larger than average garages (25 ft. x 20 ft.). The lifestyle would be similar to an upper scale town home but without shared walls. Marty Campion, realtor, stated there will be 30 -ft. wide (back to back) streets. Commissioner Koss asked about the ball fields and Planner Sutter replied that annually the City has to ask the cemetery to use the property and would have to relocate if requested. At this time it appears the batting cage and fence would be relocated, but the ball field would remain on an open space easement. Chair Magnuson stated the ordinance. requires 60 -ft. frontage and would like to know what the Fire Department and Police Department would think of the proposal. �-- F:\GROUPS\COMDEVLP\PLANNING\PLANCOMM\1999\02-08\MINUTES.doc 209 February 8, 1999 Moved by Commissioner Elsen and seconded by Commissioner Krueger to direct staff to proceed with a public hearing for Subdivision and Planned Unit Development upon receipt of a completed application from the developer. Motion carried. C (2). Review a concept plan and set a public hearing for consideration of a proposal from Rise, Inc. and John Day Company for construction of a 15,000 -sq. ft. light industrial building on property located at 5353 Lakeland Avenue North. Planner Sutter stated that the proposal blends office, service and light industrial into a single building. Sara Kelzenberg, R. B. Architects, stated they had 34 plus 12 future parking stalls if building sold to someone else. There will be two loading docks. John Barrett, Rise, Inc., stated the clients who would be working in the building would be severely handicapped. John Day stated he only needed to own the property until September 1, 1999, and then could sell to anyone. Moved by Commissioner VonRueden and seconded by Commissioner Krueger to direct staff to proceed with a public hearing for Site Plan Review upon receipt of a completed application from the developer. Motion carried. D. Discussion item: Automotive Concept outside storage violations and what can staff do to enforce parking ordinance, etc. Would like City Attorney to speak to Planning Commission. E. Moved by Commissioner Kamp and seconded by Commissioner Elsen to adjourn. The meeting adjourned at 10:50 p.m. Motion carried. Chair Magnuson Secretary Nystrom F:\G ROU IDS= MDEVLP\PLANNING\PLANCOMM\1999\02-08\MINUTES.doc 1 a r \ NEw NOPE -F, ' I e � T CITY 3 �!r 0 F •...M CRYSTALC SCALE iOcd 0 1000' 2000' L�C ��F rl E I�C tl r �y BROOKLYN PARK �plueum , �• BACOKLrN CENTER Jt �_ •1a =Oil D F.41111 'oe 80 ii� 1 I 1 rom iso* IN- K II O F� vu== •r=' i'. u2 r I � � I I � 9 •pli+ r( ' � 3 CRYSTAL 1.:: ROB&NSOAIf mu.=L•.o A.C. N. at RORBINSOALE �l_+`=�1�r�nl IL� = • a i R l� wl i� I .II IIi 31� 3l .�j it +3I�1 Q i �� I i i—t� t� � ���(ew�✓�L�I��L�'r I 33,.o rc 711I�— _JL YAII<7 Jill. e— lij 71' it NEW NOPE 7�7 / OOLOEN YALLE7r' M E M O R A N D U M DATE: March 1, 1999 TO: Planning Commission (March 81h meeting — Public Hearing #1) FROM; John Sutter, Planner SUBJ.: Application 99-2.3 for Site Plan Review, as submitted by Rise, Inc. (applicant) and John Day Company (owner), for construction of a 15,226 sq. ft. community based rehabilitation facility in the 1-1 Light Industrial District at 5353 Lakeland Avenue North (P.I.D. 08-118-21-11-0006). A. BACKGROUND Rise, Inc. and the John Day Company are proposing to construct a 15,226 sq. ft. mixed use light industrial building to house a community based rehabilitation facility. The building would be located on a vacant lot at 5353 Lakeland Avenue North (P.I.D. 08- 118-21-11-0006). An initial concept review discussion was held before the Planning Commission on February 8, 1999. Notice of the March 8 public hearing was mailed to properties within 350 feet of the subject property and was published in the Sun Post on February 24. The following informational items are attached: ❑ plat map showing the subject property and adjacent properties; ❑ narrative submitted by the applicant; ❑ artistic rendering of the proposed building; and ❑ proposed grading and utility plan, site plan, landscaping plan, building elevations and floor plan. 1. Property, Zoning and Land Use. The subject property contains 44, 511 acres (1.02 acres). It is zoned 1-1 Light Industrial and is guided Mixed Use — County Road 81 in the Comprehensive Plan. The facility would provide employment for developmentally disabled clients; such employment is typically light assembly or other similar tasks. In addition to employment, Rise will provide on-site services for the clients such as occupational and physical therapy. Staff considers this use to be consistent with the intent and purpose of the 1-1 District: "The purpose of the I -I Warehousing and Light Industrial District is to provide for the establishment of warehousing and light industrial development and use and to provide for a transition between retail and service type of commercial activity and heavy industrial use. " The site serves as a transition from the heavier industrial uses across the BN railroad tracks to the west and the Holiday station store and residential uses across County Road 81 to the east. 2. Proposed Building. The building would have a gross floor area of 15,226 sq. ft., with exterior walls of scored concrete panels and brick accent bands. The two main entrances will have exterior canopies. The interior of the building is roughly 50% offices, physical therapy rooms and hallways/bathrooms/service areas; 25% manufacturing space; 15% loading docks; and 10% for a cafeteria. 3. Parking and Access. 515.09 Subd. 9 requires one off-street parking stall per 250 sq. ft. of gross floor area for offices and 5 stalls plus one per 500 sq. ft. for manufacturing. Under the current use parking would not be required for the manufacturing space because the clients do not drive and are transported to the facility by other means. However, in the event that the building is converted to another use, the parking requirements would change. For example: Proposed use: Rise, Inc. Total: 32 stalls required 7,973 sq. ft. office and physical therapy space @ 250 sq. ft. per stall = 31.9 stalls required 7,253 sq. ft. balance of building no parking required Hypothetical Use #1: (convert building into 25% office, 75% manuf., with general employees instead of special clients) Total: 34 stalls required 3,267 sq. ft. office space @ one stall per 250 sq. ft. = 13.1 stalls required 9,800 sq. ft. manufacturing space @ 5 stalls plus one stall per 500 sq. ft. = 19.6 stalls required 2,159 sq. ft. warehouse space @ one stall per 1,500 sq. ft. = 1.4 stalls required SITE PLAN REVIEW - 5353 LAKELAND AVE N (RISE, INC. / JOHN DAY COMPANY) 2 Hypothetical Use #2: (retain existing floor plan but covert to an operation with general employees not special clients) Total: 46 stalls required 7,973 sq. ft. office space @ one stall per 250 sq. ft. = 31.9 stalls required 3,762 sq. ft. manufacturing space @ 5 stalls plus one stall per 500 sq. ft. = 12.5 stalls required 2,159 sq. ft. warehouse space @ one stall per 1,500 sq. ft. = 1.4 stalls required 1,332 sq. ft. balance of building no parking required The applicant is proposing to install 34 parking stalls as part of this project. Based on Hypothetical #2, Staff has asked the applicant to show the ability to increase the number of stalls to 46. These 12 future parking stalls are shown along the southeasterly side of the building. The site plan does not show an on-site turn around area for large trucks. However, such an area is not required if the Planning Commission and City Council find that the there will not be a significant negative impact from vehicles maneuvering on the adjacent street, due to factors such as the volume and type of trucks, the nature of the operation proposed for the site, and the nature of the adjacent street. Staff opinion is that on-site turn around areas are not necessary because the adjacent street is a dead-end frontage road. 4. Landscaping, Buffering and Signage. The landscaping appears generally appropriate except for the lack of planting in the grassy area along the frontage road. Staff would like to see some low shrubs or other similar enhanced landscaping to improve the appearance of the front of the building, to be consistent with the desire to improve the visual image of the County Road 81 corridor. To help accomplish this goal, the site plan approval could include a stipulation that the developer install landscaping adjacent to the frontage road as determined to be appropriate by the City Forester. Because the property does not abut any residential property, no buffering is required. SITE PLAN REVIEW - 5353 LAKELAND AVE N (RISE, INC. / JOHN DAY COMPANY) 3 The monument sign shown on the site plan does not conform to the requirements of City Code (Section 405) to be at least 10 feet from the front property line. Staff would suggest that to comply with the 10' setback requirement the monument sign could be located on one of the two grassy peninsulas extending into the front parking lot. 5. Site Improvement Agreement. A Site Improvement Agreement, including estimated financial surety of $93,435, is required for this project. C. RECOMMENDATION Staff recommends approval of Application 99-2.3, for construction of a 15,226 sq. ft. community based rehabilitation facility in the 1-1 Light Industrial District at 5353 Lakeland Avenue North (P.I.D. 08-118-21-11-0006), subject to the following conditions: ❑ The uses in the facility shall not exceed the parking stalls provided on the site. In the event that the additional 12 stalls become necessary, those stalls shall be installed as soon as practicable by the property owner. Such installation shall not require a new Site Plan Review provided the stalls are substantially as shown in this application. ❑ Enhanced landscaping such as low shrubs shall be provided in the grassy strip adjacent to the frontage road, as determined to be appropriate by the City Forester. ❑ The monument sign will need to be located at least 10 feet from the property line. No sign permit shall be issued except for signs that comply with City Code. ❑ No building permit shall be issued until the applicant executes the required Site Improvement Agreement. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council will consider the request at its March 16, 1999 meeting. SITE PLAN REVIEW - 5353 LAKELAND AVE N (RISE, INC. / JOHN DAY COMPANY) 4 ZSV5 134 134.1 4.;5 ACRES t� 47sr 1ti � 7A 4 r 134.17 k � J h1.. 4 J m 4 :' /4 " KENNETH -� 0 W, �v lze2 o HRA 3 9 1 9 ?� I i s ° ADO. % 1101,41 _W _ n� L — — �.. tzs le) Q :�� 3 t rf.... 1 35 Z 2 134. 7,1 I i .A !'S l5 \ �-. '1 10 M Z L9.21 LS . 9 S.X. c I /� 1 W r Q O 1 O 7 O 1. 1 1 4.1 , F` � N N / tom: LU a IN_ _ uj 134 N ss.4s 134. c A U D. w a f 3x.26 36 -Y \\\ r °g ; •'�sl).. y_:.. "' �. .ys r A. a zt 7S s� 32.S�OID . au 34.30 G M1 �t.15 J l o 2 ^ j 2. 42-31.7. \ •y� \ t \� �C _ Z n r 1;4 ; r m o .Z CAST I ° Z $ `1'` 3 W 134,34 r >^ Ira % a za N qoM r R=,o�s� is laO p�5) 2 �L y \o I.•ac.ss\ m �p3 AD zs -,� --ti 5 a 4 117 1 — — — ---- — r i 181.4 34.3 S.daA \ 19/.as i7o.oz a \ s /70 1 V p 7 3 ° tr IR y .� t h 2 4 61-37 44 A Sw}W FxL �f r ss�* b l .t. 4 1 S 6 / 2�y so. �s Q2 ,s 7` a. 2 � Vo !r 2 � � \ •r 6' ro � � ti 3 x N o x i► 7. ..r 8 ry�y04 °s 8\bk O o bT 6, '�,� VS, i A D D. '9 13 el ��� -• 0� SQA sa \ .�,2 .rrDP 131 i9 9 3 � 12�•X68 � _C.r 8a9 50 A .91 9az'So 4S" " 595.3 � P 0 0`25 oo, STA -c nr Mfe1 N. Rise 3 is a 15,226 square foot community-based rehabilitation facility. Rise, Incorporated is a non-profit corporation, which provides employment as well as occupational and physical therapy for adults with development disabilities. Rise is a day facility whose clients are employed to carry out light assembly/industrial tasks which Rise contracts through outside companies. Rise presently has such contracts with companies such as 3M for recycling projects, Hoffman Engineering for small assembly, and secure file shredding for various companies. Rise 3 is a light industrial building to be located on property presently owned by the John Day Company in Crystal, Minnesota. The proposed building is a blend of light subcontracting area, office, and therapy spaces. Two loading docks would accommodate deliveries for the contracted projects: One is a drive-in garage, the other is a dropped loading dock. Two entrances serve the building: One to accommodate clientele and the other for office entrance. There are 26 staff members and 53 clients who would occupy the proposed building. The City of Crystal designates that 46 parking stalls would be required for a typical light industrial use on the site. Rise is unique, however, in that clients are unable to drive themselves and would be dropped off on site. Therefore, only 32 parking stalls would be required to support the facility. The site concept allows for 34 parking stalls to be built, and provides spaces for 12 stalls, which could be added in the future if necessary. RISE 3 T.B.M. - TOP NUT HYDRANT ELEV. 871.25 N I I I 4' CHAINLINK FENCE- 20 0 20 40 SCALE IN FEET G R A D I N G N O T E S: Allproposed graces shown o . finished gadee. Grades at points between spot elevations or cantaum are determined by uniform stop.. between the given grades. All proposed spot elevations shown are to bottom of curb (gutterlme) unless .theretae indicated. 'Remove all u suitable material (organic soli,, uncontrolled fill, debris, and natual o artificial ob.Wctions) in the zo a from 1 m (3.28. feet) bele. the finished .ubgmde, to finished subgrade in the proposed pavement areas. Compact backfill in all utility trenches to 955 Standard Proctor weadmum dry density (ASTM D698-78 or PASHTO T-99) from the pipe zone to within 1 m(3.28 feet) below the finished supgrade, ao 1005 from Proctor maximum dry density in the final 1 m (3.28 feet). Provide density taste in backfills and fins placed beneath footings, slabs. and pavements. At local one compaction test is reqeve required for ry 100 feet of trench at vortical interval$ not exceeding two feet. Compact all felt placed in pavement areas in accordance Win MNDOT Standard Specification 2105.3.1`7 (Specified DensityMethod). Compact all fill placed under buildings in accordance with the reeommenaetions of the Geotechnical Engineer. Construct of proposed aid..lopes with grades not exceeding 3:1 (3 horizontal to 1 vertical), unless otherwise indicated. E R O S I O N C O N T R 0 L N O T E S Install all a as control meure, including silt fence, lack construction entrances, block and rock sediment filters, and sedimentation basins prior to beginning site Clearing and grading, Ireton silt fence with a past spacing of 1.2 m (4 feet) oh leas. Drive posts at""' G.6 m12 feet) into the ground. Anchor the silt fence fabric in a trench at least 152 m (6 inches) deep and 152 mm (6 inches) wide dug an the upalope side of the support posts. Ley the fabric in the thenen and then backfill and compact. Make any splice. in the fabric at a fence past. At sp fees, overlap the fabric at least 152 mm (6 inches), told it m (2 inch)rev , and .rely fasten it to the fence post. Silt fence supporting post shall be 51 mmsquare or larger hardwood, pine, or standard T- or U -section steal pasts. T- or U -section steel posts shall weigh not leas than 0.45 kg (1.0 Ib) per lineal fact. Posta shall have a minimum length of 762 mm (30 inches) plus burial depth. Geotextile fabric shall meet the requirement of MNOOT Standard Specification 3888 far Self supporting silt fence, fumisned in a continuous roll in order to ovoid splices. Before beginning construction, fnatoll a TEMPORARY ROCK CONSTRUCTION ENTRANCE at each paint where vehicles exit the construction site. Use 25 mm (1 inch) to 50 mm (2 inch) diameter rock, MNOOT Standard Specification 3137 CA -1, CA -2, CA -3, or equal Coarse Aggregate. Place the aggregate in a layer at least 152 mm (6 inches) thick access the entire width of the entrance. Extend the rock entrance at least 15 m (50 feet) into the constaction zone. Use a MNDOT Standard Specification 3733 Type V parmeaole g-m.til. fabric material beneath the aggmgot. in order to prevent migration of sol into the rock from below. Prior to beginning site Clearing and grading, protect individual existing catchbasin inlet. by installing siltence, bales, or black and rock inlet filter, around inlets which ec r ewe ff runo from disturbed areas. Protect new catchbasin inlets as they are completed, Block end Rock Inlet Fiiten: Block and Rock Inlet Filters consist of open -core concrete onry blacks, '.t screen wile 12 mm (0.5 inch) openings, and washed rock. ,Place open -car* concrete m onry blocks leng}hwiae on thei. sides v and the catchbasin inlet. Placa w untl the perimeter to the top of the block barrier before the lack 's ptcede sTh, se an oats to prevent the rocks from being washed through the blocks. Place rock againstr in. mesh to the top of the blacks. Use 25 mm (1 inch) to 50 m (2 inch) diameter rock, MNDOT Stardom Specification 3137 CA -1, CA -2. CA -3, or equal Caere, Aggregate. install two courses of 8' blocks in order to form a barrier height of 16". Remove all ala and sediments tracked or therwise deposited onto Pavement areas. Removal snail be a a daily basis throughout the duration of the construction. Clean Paved roadways by shoveling of sweeping. Haul sediment material to a suitable disposal area.Street washing is allowed only after sediment has been removed by shoveling or sweeping. Following initial soil disturbance or redisturbanee, Complete permanent or temporary stabilization against erosion n due to min, wind. and running water within 7 calendar days am all perimeter dike.. swales, ditches, perimeter Slopes, all slopes greater than 3:1 (3 horizontal to 1 vertical), and embankment on panels and booms. Complete permanent or temporary stabilization within 14 calendar day, an all other disturbed or graded areas. This requirement dada not apply to those areae that alecurrently being used for material storage or for Nr those a which gracing, site buildinga other construction activities actively underway. Provide temporary grass seed c all stacked topsoil piles, and otX areas of stockpiled a s excavated material in order la prevent soil a and rapid runoff during the construction period. Prolonged periods of open, bareearth without gross cover will not be permitted. Stabilize all disturbed graenspace arwith a minimum of 4" topsoil immediately after final subgrade Completion. Seed and mulch, or sod and stake these arces within 72 hour. atter completion of fol grading wont (weatmer permitting). Stabilize all disturbed arias to be paved wing eany application of gavel base. Permanentlyatabilize all areas of the site prior to removal of temporary synthetic, structural, antl non -biodegradable erosion and control device.. After final establishment of perhoment stabilization, remove an temporary synthetic, structural, and nonbiodegradable erosion and sediment control devices and any accumulated sediments. Perform all erasion Control procGC.. In a«paOn Ge With lore methotlsoutlined in the beat ..agement practices hardback: "Protecting Water Quality in Urban Areas,' published by the Minnesota Pollution Control Agency. wee swmt wxcros ,ax �DmrO� .0 8 ` `mnva mrx wes wn. �� � ❑❑roan were, wrr� me cx. BLOCK AND GRAVEL DROP INLET SEDIMENT FILTER G E N E R A L N O T E S: 1. Existing boundary, location, topagrapMc, and utility information shown an this plan i, from a field survey by Mekhert Walkky dated 2. Contact utility companies for location, of all public and private utilities within the work area prior to beginning construction. Contact GOPHER STATE ONE CALL at /651-454-0002 in the meta area, or fi-800-252-1166 toll free for exact locations of existing utlitec; at least 48 working day houre before beginning any construction. Obtain ticket number and meet with representatives, of the various utilities at the site. Provide the Owner with the ticket number information. 3. )Approximate locations of existing gas, electric, cable, and telephone services or. shown !I an the plan far reference only. Coordinate obondanment o relocation of any existing 4, gas, electric, cable, and telephone services with the local utility companies. Coordincle (, gas meter and gas line installation, electric meter and electric a installation, cable f sem and telephone service mstalletion with the local utility companies. 5. Perform all grading, base Gon.iruction, pavement construction. and mise Ito neo., construction in accordance with the Stndard Specifications for Hi,hwav Construction of the Minnesota Department of Transportation dated July 1, 1995 and all subsequent amendment thereto. 6. Artange for and secure suitable disposal areas off-site. Dispose of all excess sol, wasto material. deer's, and all materials not designated for salvage. Waste material and debris includes theca, stumps, pipe, concrete. asphaltic concrete, cars. or other waste material from the construction operations. 7. Relocate overheod p ... r, telephone, old cable lines as required. Abandon and report existing on -sit, .Its and septic systems in accordance with Minnesota Department of Health (MOH) (or WDNR] requirements. S T 0 R M S E W E R N O T E S i, Unless otherwise indicated, use reinforced, precast. Concrete maintenance holes and Catchbasins conforming to ASTM C478. furnished with water stop rubber gaskets and precast bases. Joints fes all precast maintenance hole sections small have confined, rubber "0" -ring gaskets in accordance with ASTM C923. The inside barrel diameter shall not be less than 48 inches. 2. Reinforced Concrete pipe (RCP) and fittings shall conform to ASTM C78, Design C. with circular reinforcing for the close of pipe specified. Use Class N RCP for pipe, 21" and larger. Use Class V RCP for pipes 18" and smaller. Joints shall be Bureau of Reclamation type R-4, with confined rubber "0"-r1ng gaskets in accordance with ASTM C361. 3, Use Neenah R-3067-DR/DL casting with curb box, or approved equal, on all catch basins located in parking lot. Use Neenah R -2560-D2 beehive grate and frame, or approved equal, on CB (!1. S A N I T A R Y 5 E W E R A N D W A T E R N O T E S: 1. Unless otherwise indicated. us. reinforced, precast, concrete maintenance holes Conforming to ASTM 0478, furnished with water stop rubber gasket and precast bases. Joint for all precast maintenance hob sections shall have confined, nfbbsr "0" -ring gaskets incordan.e with ASTM C923. The inside barrel diameter shall not be Iva, than 48 inches. 2. 'Unless otherwise indicated, use 4 ft. diameter (i.d.) pre -cast reinforced concrete structures on all sanitary sewer mon hales. 3. Perform all utility work in accordance with the City of Crystal requirements. 4. Install a meter box and cover (Mueller No. H-10817, or approved equal) over all PVC Cleanout. S. Use ASTM D1785, solid care, Schedule 40, Poly(Vinyl Chloride) (PVC) Plastic Pipe for unitary sewers 8 Inches in diameter or less. Use ASTM D3034, solid core, SDR -35, PSM Poly(Ifinyl Chloride) (PVC) Pipe far solitary sewers 10 inches in diameter or greater. 6. Install and bed all PVC pipe in accordance with ASTM D2321, "Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe." 7, Test all flexible sanitary sewer lines for deflection ofttt the sewer line nes been installed and backfflf he. been in place for at leaf 30 days. No pipeshall exceed . defle<tion of 55. If the test fie, make necessary repairs and retest. 8. Coordinat. building utilityeo ectionn at 5 ft. out from the prop ... d building .tin the interior plumping contractor. nnCoordinate Inspection of the service installation with the City Public Works Department. 9. Maintain 7S feet of coverover the top of the water line to the finished grade. Install the water line at greater depths in order to clear storm s anflary s other utilities a required. Include ...is to lower water lineae in the base oidCm Provioe o aepara11, of 18 inch., at all w.termain and s l cre-Irgs. Provide a minimum henzonti separation of 10 feat between all wat rmainand sewernam. 10. 'Jae mechanical joint restraint devices for joint restraint o all wotermain bends having a C: ar horizontal deflection of 22-1/2 degrees or greater, all valves, stubs, extensions, tees, c sses. plugs, all hydrant valves, and all hydrants in accordance with requirement.. quirement.. ro 11. Use Class 52 Ductile Iran Pipe (DIP) with push -on joints for all wotefmain. 12. Pre ... m test, disinfect, and perform bacteriological tests on all water lines under the aupervision of the City Public Works Department. Notify the City at least 24 hours prior to any tenting. I HEREBY CERTIFY 'HAT THIS PIAN OR REPORT WAS PREPARED BY ME ORUNDER MY DIRECT SUPERVISION ANO THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER ME LAWS OF THE STATE OF MINNESOTA GERALD M. SUNDE, P.E. GATE 2719799 REG, NM 6734 �.nomW xewaxmon rte`" a- u eurerr°"lu'a"w. m L,wTu M mel ' `r Nc» sIMYW TYPICAL INSTALLATION FOR SILT FENCE DATE REVISION 2 19 99 ORIGINAL PLAN GAI"E RISE THREE CRYSTAL, MINNESOTA ISunda Eagiaaariag, lac. ,200 West old Shokaa.. Road, suit. 230 Bloomington, Minnesota 55437 `612) 551-3344 GRADING AND I C 1 UTILITY PLAN � � 01` 1 ----- N FEW ui 91TlJMI1JOU5 \ H J I p[ I LOADING �LI DOCK GRAIN S PARKIIJG SETOACK FKONTA6rE FE) GUT u�o• O I PROPERTY LINE _ 224.0 +_� SIGN (NI.GI ��%MIR 4-61,"a ---- I ---- SO eE SREa10T. VED TO�\�T24 --- D ommi w '120,+ 7 SPACES • 9' CLIENT CROP -OFF — _ _ SKYLIGH'f5-TYP. ROOF TOP UNIT -- I- -T----------- 6'9 O ' 4 0 34 PARKING SPACE5 II GONG. cine I FUTURE A PARKING " 12 SPACES b • -- I GONG. ® I CANOPY --- I R15E 3 STAFF I 15,22(0 5F EN'I'RANGE I I _ X— - VEHICLE p _HkSTORAGE i - - - - - RAIL APRON b _ I EXIST. TREE5 TO �� MEN DOCK 6ITLMINOUS '�_ M ST. TREE5 TO RER� g �' !\�V' LINE ` _ f — _''--- --- X—X_ 51 -FE FLAN EXI5TIIJG RAILROAD TRAGAC5 SCALE : 1" = 30'-0" EXI5T. TREE TO M REMOVED N NEW 5ITE LIGHT 4 PmrK 5ETBPCK W MANUAL SLlourrr GATE GNAW UNC FENCE NEW SITE LIGHT EXIST TREE TO 9E REMOVED SITE 5TATI5TI6,5 AREA % OF SITE 5.F. A6REA6E SITE AREA 44,511 1.02 100 DUILDIN6 COVERACTE 15.221 0.34 34 PAVIN6r, HALKS, ETC. 19,894 0.4(0 45 GTREEN SPACE 9,391 0.22 21 PAf�K I N Gr �PAGE� REQUIRED SPACES 4& NEW SPACES 34 H' CAP 5PA6E5 3 FUTURE PARKING- 12 TOTAL PLANNED 4(o b Q -4r-lill ? .......... 11L v o'-' .. .............. to74.5r M.00FL---bo MAN two- YO' 410- dlo- 410' 00- 4-0- 610- 414' vs. 4-0. Vo• wo. wo. No- 70, #0- 619. -4'0' V8' _410-- WS' CANOPY ADOW Aoki rr 121111113 200 15P ar 176 W rT I omwz dlE3 326 IN. aEE3 508 ff ALA" n,OfK 040M PACOM ® 41Y -O- 2048 5F e.~ 3m!w amp wi$r El E1405P 80 15P " i1w J LOCKaW dk M-0 244, !$r ulli acm 108 5e ew_ 040M plaam 010 1714 5f F-1 III -- -- ---------- x X- 402 15F I JAN Foy] ------------- 1494 SP w d J:: I Ira - � ri !4MO 44. goo.. V,4- M.Ook 0. MAIN - .. . --- *0 040M plaam 010 1714 5f F-1 III -- -- ---------- x X- 402 15F I JAN Foy] ------------- 1494 SP w d J:: I Ira - � !4MO 44. goo.. V,4- M.Ook 0. MAIN - .. . --- *0 . .. . " 1 ' _-- .r X - - - - - - - - - - DITLMINO,Ff` IfRON J 6— ff 1® '-. WL. drAjr — r a ia x tr ox-� PARS -5 00409 kl�fi -_ __ -_ FLOOK PLAN 15,226 5e x FKONTAGrE RD PROPERTY LINE 22-4.0 500` a o 500 i /t• ' �N � I i t 5 GW 50D ® ® SOD 4 GGJca - �' N Z I 4 GGJ J 'W I ®50D 5m i ®® �- RISE 3 PA 0 5 GCJ Pt..AW LI5T KEY QTY CA%940N NAME DOTNW..AI. N*e M 3 EMEVLO L U5TRE MAPLE AGEt PLATANOICES 'EMERALD LU5TRE' MA 2 MAPF AMUR AGER GINNALA GTD 10 GOLDEN THICx&ED DOGHOOD CORNU5 STOLONIFERA FLAVIKAMEA GCJ 19 GOLD .:OA5T JUNIPER JUNIPERU5 6HINEN5I5 GOIIJ 60A5T 'AUREA' NOTES 1. ALL MATERIAL TO COMPLY WITH ANSI AMERICAN STANDARD NURSERY STOCK Z PROVIDE DUE STANDARD OF CARE IN HANDLING AND IN5TALLATION, AND PROVIDE ALL NECE55ARY FERTILIZING, BLACK DIRT, AND RELATED MATERIALS FOR A COMPLETE IN5TALLATION. 3. LANDSCAPE CONTRACTOR SHALL MAINTAIN AND WATER ALL PLANT MATERIAL.5 UNTIL ACCEPTED BY OWNER. 4. PROVIDE WARRANTY FOR MATERIAL REPLACEMENT THROUGH ONE FULL GROWING SEASON. 5. ALL TREE5 TO BE MULCHED WITH BARK WIRE TIE AND STAKE A5 REQ'D FOR PROPER SUPPORT. (o. PROTECT ALL EXISTING TREE -5 THAT ARE TO REMAIN DURING 6ON5TRU6TIQN WITH 48" WOOD 5NOW FENCE PLACED AT THE DRIP LINE OF EACH TREE. 7. ALL D15TUR5EC AREAS TO THE NORTH AND EAST 5IDE OF THE BUILDING ARE TO BE SODDED TO THE EDGE OF THE CURB ALL OTHER 1)15TURBED AREA5 ARE TO BE PLANTED KITH GRA55. GRA55 TO BE ;5,EED WITH A MIX A5 FOLLOW5 : 30 % PARK BLJE4-RA55 40 % RYE GRA55 30 % FE56UF- 8. ALL GRA55 SEED TO BE APPLIED WITH THE DRILL TYPE METHOD. ALL SEEDED AREA5 TO BE COVERED WITH A 571RAW MULCH TO PREVENT ER0510N. ,R LEGrEND GTD MA 1 ZG� ��� - __ EXI�TINC� DECIDUOUS TREE _ Soy x Of'ERN '��-_X'- --- --------------- - SSD NES! DECIDUOUS REE xT.lT NEh! CONIFEROUS SHURB LA,NDSCRFE FLAN M5TING RAILROAD TRACKS 56ALE : 111 = '301-01- r' -------'------1 ---------------------i-'' _i__L -------------------------- .------------------------- -__--------------------------____-_1-___________________________________________LJ L__ � /03� 5OUTHEA5T ELEVATION 4 SGS 1/16"- r -o" ...///p//p/■H../////...\\Np- .WxxxNN. IMUMNNWHI SONY■���N�-//���/������.tlJ �../■..H/./W..//////.\NHN�N� /.\.W/\/■OH//■.\.N./■NB /N .■/.■///t■./../■.tl.....Y.......................:..:.......N NM./rw/��N/WW//N./.■■/NN■ ■■■/•..N■N■/t■/N/■... •../N.//..NON:\..x.\/./NN/././//./N/.\.\./N////..NDN\//\.1 N1■/W W.■/H/t\.H.■■\YHHNI .■/.■.H/N.N.//N■■■x■.■.N.\O.��� ...■■.Hm/■■N.........■pH./txwmulllluwH.I.■�O.t■■■��./�i./Np...../bx,//.p..NNN/.N..1 ELMEL�\�Yiii_ �./�-.�.Y.I �I■1..� ."��������II ..\�I ...... ..//..// YN.//\///..//../�/���■■� ..\......\....tl■....■..c,.......... H\t.■ / .t\ ■ ■ //...■■■.■■■./H■..■./■......•.NI /.xL"��!.^:....../\.N./.\/.p.//////N/...///..0.■U..N//NI \. 1 y. /■■..■/.N//N.•__I!r✓_ tl Y.....r ♦ Jx'� :m •. wuvWrxY■.Ytl.--� N.x...tlW .NYYN.WO■.H///.NNN■■■■O1 M" I,— .NW■■■MNN/■H/■VI/NN���.N/ . .N\.N.H.N///■N■N.■ ■fix-`M■///..■N■tNH//./.N. �//�m-���.N.����iiii���i�.MiiY�M. ....... .I= ■ xN/.NNxY.xNI.��..fTT]'�TP1\.//.1 N .t\. \ .... ��\■N.■/.xN// ..:/.....N/.\./N............ r�N■NN •♦♦ • ' mnnn:tl.:.-----w- Ytl... xw xwNunpxuu .Mm „-------- xm w m xxx xwx,rx x - N•� .N.N■.Ntl.N.NNO•tltl.rtlx YHrMIwWN 1YMmIYw....-.__ •••N..tl.xxtl..Lrl..Y wm,mw-w x- ■ •• •�. • • xnbm flot xmmuwxunlrwxuN rxmmwmupx..b.0 lerrevu.t W ■NN.■ ■./ iii .■ �W.■.M,, _ .�Wtl./�N .. �.Y■�■ /■■ Y. ■ :■N .r ..W.�ennn..®raravM. �♦Im ♦i •••I•• ♦. ..m «...m..n.nW .\N..xm ..../ r ..NY's ulx ■� ■t x \.■". iiiu.■ xrrturbvx.nrlx HNHH/■■■�H�/N� • ■H//.N/. HHM.tl�I .N■H.M.■ H�NM/�/�I4 ..uxHNWHHp■1 F - • NN ////. •.W.\//Wr /./NHH■ :.H.N./\ •../NWN. , J Iii .N/.N/ ■ .../NNS .//...NH ../H/��/�H.H.\I 0...■/N■// i•HN.N//... ■ '1. /ml.� 1/.\/..//1■.. ■ :s ■ /�����.�■/N./ . //Y. H . I:mwl ■ .H/�� .. ...N .\H\ 1-0 _ _ so _ - �-MWZAW OIL un—mi •• LCVMZK • r' -------'------1 ---------------------i-'' _i__L -------------------------- .------------------------- -__--------------------------____-_1-___________________________________________LJ L__ � /03� 5OUTHEA5T ELEVATION 4 SGS 1/16"- r -o" ��...NN....N■M/..p... • "—'-'�""""••"""•'"""""^•m' N..�� _ rbmmwxnumrnmmmwuuluumummxrxenn fuauuaxvnrlmwwnuvunuWnbnnaMranwrwlXruruwuumwwrmlNufrmmuuwuuuKMMIWMnrnur mYm ■■• .■■NYa■■•■■■•■il■•■/.-N■NN■tl]/.■\p/■=■■/.=/p■\-■.�■.l■ii�..iWHO/N■■/i■Yi■■iW/■/■■n.■.up./.■wi■\.xim■Wxm.ir/H■ux�■xi■uwY/Y�x�..r :m •. � ..M:Ir■■ ..�-■�■■■rrN■ O-..■/■■■w „■■�i/iYi�■_.WY�AWM��N■i �■it�/■�:N■i�H:�:.N�.� U. O .■H■■.\\/■/■\■YW/NNY/�-N. . �.■..■�.� ......� . \0..... oxi O� ■rNrW�Yrr■YHNY.■YH —■/i�■�i■.�MH/■O�N.MN�e� nnu m- i■\�gw:./■H�u.■:■■�m:.�H�u.■xe��x■u ��=-=<aL'm:.u• �rur my�l■w■\rn�wu .N..... Y.YHHrH.xNYYYH.H3■.H..■ .�.-�N N..... .x.- ... . umruu mwxxunxmwuYuwemwrwwnuumrnuuuwxmmmrwmunrnlb.fwxuu xxxunmuxuuuunwxuuxwuux xuwmumnwwrinurmmxnmmwfwmru wunmwmxwwxm-��eNlNwmxxwr • rxmmwmupx..b.0 lerrevu.t W ■NN.■ ■./ iii .■ Y...■�■/■ t. ■■..■ -■p �.Y■�■ /■■ Y. ■ emruuM xrubumurmmrnwxnpmmuwuwnrunuxMwupapwrwumrnlgrxgx.yurrrpryunxnrnmmmmrvnnw.nrryxxumugxuwYWrenttmwrenrwxlnuuuwlnummunwx - ■■ ■■�. ■.■....N N 1���. ■N■ ■■Hx.../ ..Y. �� ■■N • - ■Y■tN■■ N■■ Numruwuwwfxm .N W■■■�.. I ■//.....■ .■H.. ■. Y Y/■Y■\/■Y..Y.\ ■•,"'I �♦Im ♦i •••I•• ♦. . N� ��■ ..■�\W ■. iiiu.■ /. Nt■/iiii■■i�.N/■N:N`': J Iii r' -------'------1 ---------------------i-'' _i__L -------------------------- .------------------------- -__--------------------------____-_1-___________________________________________LJ L__ � /03� 5OUTHEA5T ELEVATION 4 SGS 1/16"- r -o" NOIZTHWE5T ELEVATION r■�i■■rrr■ r ■■i'�rirrar■■■H■■rH � .'-moi ■• r ■ ■ ■�� :`Rl"f'!,M � :N ■�� �■ f�w/� � 1 • rte°" sl.,mltlr :m •. � ■ruruuxW :� O� .rte■■ ■/ ■� r♦:. .. ... � rim �■■ �r NMM■N i _ _ NYS■ .NY /\■ HN/Y/■. .■ NM -� . H . / ♦ .. M■\N mW■N: •N--. .. .■NWS DIY � .. . ■. J Iii NOIZTHWE5T ELEVATION M E M O R A N D U M DATE: March 1, 1999 TO: Planning Commission (March 81h meeting — Public Hearing #2) FROM:(- ',John Sutter, Planner SUBJ.: Application 99-3.1,3,4,8, as submitted by Crystal Lakes Cemetery Association (applicant and owner), for Plat, Rezoning, Conditional Use Permit and Site Plan Review, for the purpose of replatting the First, Second and Third Additions to Glen Haven Memorial Gardens as Fourth Addition to Glen Haven Memorial Gardens, Rezoning Lot 1 Block 1 of said Fourth Addition from R-1 Single Family Residential to R -O Residential Office, and constructing an 8,030 sq. ft. funeral home in the 5100 block of West Broadway. A. BACKGROUND Crystal Lakes Cemetery Association is proposing to construct a 8,030 sq. ft. funeral home on property it owns adjacent to West Broadway. The funeral home site would be located on both First and Third Addition to Glen Haven Memorial Gardens. Staff has determined that to complete this project, rezoning from R-1 Single Family Residential to R -O Residential Office will be necessary since funeral homes are a conditional use in R -O but are not permissible in any other district. In addition, the property will need to be re -platted in order to create the new parcel to be rezoned for the funeral home while leaving the remainder zoned R-1. The applicant is also proposing to include Second Addition to Glen Haven Memorial Gardens in the replat, in order to create a 10 acre outlot at the southern end of the cemetery property. The owner intends to sell the southerly 10 acres of Second Addition for residential development; for this reason, they have applied to plat the 10 acre outlot as a part of the replatting of First, Second and Third Additions. An initial concept review discussion was held before the Planning Commission on January 11, 1999. Notice of the March 8 public hearing was mailed to properties within 350 feet of the subject property and was published in the Sun Post on February 24. We did not receive a written narrative or a project cost estimate from the developer. While a written narrative may not be necessary for this project, the Table of Project Cost Estimate form is needed for us to determine the amount of financial surety to secure the Site Improvement Agreement. The following informational items are attached: ❑ Comprehensive Plan future land use map; ❑ plat map showing the subject property and adjacent properties; ❑ floor plan of the funeral home building; ❑ artistic rendering of the funeral home building; and ❑ proposed preliminary plat, final plat, existing topography, site plan, utility plan, grading and drainage plan, landscape plan and building elevations. B. STAFF COMMENTS 1. Property, Zoning and Land Use. The subject property includes First, Second and Third Additions to Glen Haven Memorial Gardens. These three parcels would be replatted into Fourth Addition to Glen Haven Memorial Gardens. This new plat would have three parcels: ❑ Lot 1 Block 1 would contain the site of the funeral home on West Broadway and would be rezoned from R-1 to R -O; ❑ Outlot A would contain the remainder of the cemetery property and would remain zoned R-1; and ❑ Outlot B (incorrectly shown as a second "Outlot A" on the final plat) would contain the 10 acre proposed development site and would remain zoned R-1 until and unless a separate application is approved by the City Council for that parcel. (Note: Such an application, 99-4.1,3, has been submitted; the public hearing for it is also scheduled to be held on March 8, 1999. Approval of this replat does not endorse or approve any development proposal for the 10 acre parcel.) The Comprehensive Plan guides the subject property for cemetery use, except for the southerly part which is guided for low density residential use. While a funeral home has some characteristics of a commercial operation, it also is generally an appropriate use for a cemetery if parking, access and site development issues are addressed. The adjacent areas to the north and east are guided for mixed uses. A funeral home and R -O zoning at the proposed location would greatly improve the transition from the cemetery and residential uses to the south and west to the commercial and industrial uses to the north and east. This is reinforced by the intent and purpose of the R -O District: "The purpose of the R-0 Residential Office District is to provide for high density residential use and for the transition in land use from residential to low intensity business allowing for the intermixing of such uses. " For these reasons, staff believes that rezoning of the new Lot 1, Block 1, Fourth Addition to Glen Haven Memorial Gardens from R-1 Single Family Residential to R -O Residential Office would be consistent with the Comprehensive Plan. PLAT, REZONING, CONDITIONAL USE & SITE PLAN - GLEN HAVEN CEMETERY / FUNERAL HOME 2 2. Proposed Building. The funeral home building would have a gross floor area of 8,030 sq. ft., with exterior walls of modular face brick and a brick soldier course along the bottom of the wall. It would be a wood frame building with a shingle roof (the artistic rendering shows a metal roof). The main entrance will have a covered porch and will face northeast towards West Broadway. The floor plan does not show areas for body preparation or cremation; it is our understanding that those services will be provided off site. Sprinkling of the proposed building is highly recommended. If the building were to be sprinkled, the on site hydrants and fire lanes would not be required. 3. Parking and Access. 515.09 Subd. 9 requires one off-street parking stall per 35 sq. ft. in the seating area (non -fixed seating), and one stall per 250 sq. ft. in the balance of the building. 79 stalls would be required for the proposed funeral home, as follows: 1,917 sq. ft. chapel @ one stall per 35 sq. ft. = 54.8 stalls required 6,113 sq. ft. office space @ one stall per 250 sq. ft. = 24.5 stalls required The applicant is proposing to install 80 parking stalls plus 12 loading/stacking stalls as part of this project. The parking shown on the site plan therefore exceeds the requirements of Crystal City Code. In order to ensure access to the site, staff has asked the applicant to show an access easement along the driveway adjacent to the funeral home. This will ensure that the funeral home will have access to West Broadway via the cemetery's driveway even if it is later sold to a different party. The purpose of this is to ensure that the funeral home parcel will not need its own curb cut on West Broadway. The existing curb cut should be abandoned and removed as a part of this project. 4. Landscaping, Buffering and Signage. In general, the site will be an attractive addition to the West Broadway corridor and is consistent with the City's goals to enhance the visual appearance of property along collector and arterial streets. PLAT, REZONING, CONDITIONAL USE & SITE PLAN - GLEN HAVEN CEMETERY / FUNERAL HOME 3 Large deciduous trees and smaller shrubs are shown along the driveway and West Broadway. The parking lot will have landscaped islands with trees and/or shrubs. The landscaping plan appears adequate but may be modified at the direction of the City Forester. Because the property does not abut any residential property, no buffering is required. The monument sign shown on the site plan meets the required setbacks from the property line along West Broadway. 5. Site Improvement Agreement. A Site Improvement Agreement is required for this project. The amount of the financial surety required cannot be determined until the applicant submits the Table of Project Cost Estimate. C. RECOMMENDATION Staff recommends approval of Application 99-3.1,3,4,8, for Plat, Rezoning, Conditional Use Permit and Site Plan Review, for the purpose of replatting the First, Second and Third Additions to Glen Haven Memorial Gardens as Fourth Addition to Glen Haven Memorial Gardens, Rezoning Lot 1 Block 1 of said Fourth Addition from R-1 Single Family Residential to R -O Residential Office, and constructing an 8,030 sq. ft. funeral home in the 5100 block of West Broadway, subject to the following conditions: ❑ It is understood that the creation of Outlot B on the new plat of Fourth Addition to Glen Haven Memorial Gardens (currently the southerly 10 acres of Second Addition to Glen Haven Memorial Gardens), does not endorse or approve any development proposal for the 10 acre parcel. ❑ The funeral home shall use the new driveway and curb cut for access to West Broadway. The existing curb cut along West Broadway shall be abandoned and removed, in accordance with the regulations of the Hennepin County Highway Department. ❑ No building permit shall be issued until the applicant executes the required Site Improvement Agreement. The Planning Commission is asked to make a recommendation on the request for City Council consideration. The City Council will consider the Preliminary Plat, Final Plat and first reading of the Rezoning ordinance at its March 16, 1999 meeting; it will then consider second reading of the Rezoning ordinance, the Conditional Use Permit and the Site Plan Review at its _ April 5, 1999 meeting. PLAT, REZONING, CONDITIONAL USE & SITE PLAN - GLEN HAVEN CEMETERY / FUNERAL HOME 4 LEGEND Planned Unit Dev MU RES*ENiIAL COMMERCIAL EW Low Density ® Com Retail/ Service ® Medtum Density C97 Neigh Retail/ Service Imo] High Density MIXED USE C-17 TRANSITIONAL H-4-21 County Highway a 1 MU = INDUSTRIAL r ---t01 Employment Oriented MU Affft CITY oP CRYSTAL %00 LAND USE PLAN Planned Unit Dev MU PUBLIC/ Town Center MU QUASI PUBLIC P PARKS/ C Cametary OPE'1 SPACE L School F Fre Station L Library M Municipal Facifltles 111111 I Q Q Quasi Pubk 0 I00o 2000 Yorth COMPREHENSIVE PLAN FIGliRE II L` .f t............................................................................................................................................................ �- --34&05-- 589.40.44-W i SEE DETAN:,� Q : Lu c4 m QS <C W Lu C u=1 FOURTH C;p t_ HAVEN M 0T1 BLM i SITTer F- :] F_ `• :c UJ `C rj` Gam' �g W C) GtJ c6l 10 ACRE KAUFFivini��r 2NO ADD 1 T 1 ON' F_ SPIE LsPOP PIC. /1ST" 1 A A "S Tl -1 vJ I IYI✓•11. J STH A -1:70 -IN, Sf 38r4r43 WIm - iii.LrA I ` 85 BRUIr ..L K 'A" T ivirPARK AI i I < <7 nwl I Iver 400 0 100 200 400 SCALE IN FEET o DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND MARKED BY MINNESOTA REGISTRATION NUMBER 9235. ORIENTATION OF THIS BEARING SYSTEM IS BASED ON AN ASSUMED DATUM. BENCHMARK: TOP NUT HYDRANT ON NORTHWEST SIDE OF RIGHT OF WAY OF WEST BROADWAY AND 100 SOUTH OF 51ST PLACE N. ELEVATICN - 875.46 (NG44-1929) N/ .................................................................................................................................................................... I -------------------------------------------------------- ------------------------------------------------------------------ 1Fr--I ( I ( I I I 1 I I ® I ------------ 11 DRESSINGSCLECIgN tA' X 12' 1 7E1 Sp. R IQ�I t o I I I I ((Ulu 113))((26 DR) ICT-------� tp'-6RECENINC . x 12' O CNAPEL/ STATEROOM 1 1 I 1 7 27* p 105) Ell i N 1 7L 1 1 I STORAGE 10ILCI 1 O CREMATION DISPLAY GE NEML MGR. I 16' x IZ' IA' x It' -5' uEFIT= g!U I 1 I 1 f I !2 F I O Y . I W I I 1 i U 1 I 1 I ARRANGEMENT I < 1 I 16'.12' ❑ 1 1�' I PORTE COCIIERE I 1 I 1 9 I 1 I V I 1 ( IVAULTI N$ 1 12' x s' I I 1 ( ARRANGEMENT TOYER I 1 I 12' CEMETERY ADMINISTRATION� 1 I I I ARRANGEMENT . 1 ]' 21'-5' ADMINISTRATION 1 1 I tB' . IZ' RECEPTIpNI 1 1 1 II 1 1 I FUTURE EXPANSION I I I I I 1 1 I 1 1 I I I I I I SIONAGE CORRIDOR I I ( 1 I /''�/••L MUSIC 1 I I 1 I W04EN—L7L7___ MEN —__- m l I I I COATS I ( 1 1 L NOSPI N1008Y CEMPEL/ STATEROOM 2 1 3 I 27'-7' x I6' 25' % 2e' 27'X ]Y i Z I �( CIwR (6])(71)' I I I 0 STOR. 1 K o I ______________ w __—_ (D j 1 I o I I t 1 1 I 1 O O ____ __ u 1 O O 1 I I � 1 1 1 1 O 1 1 I I I I I 0% "C ve I eLv-177e7pe I FLOOR PLAN - SCHEME 18 , 1 1 � t I tcNE ,� .,•-0• wLaNp 101. e,ORI EI -------------- I ------------------------------ 4 y w • � . ,::. � ��, $``` E �x �E� '�-,a x` �'` M4 �p� ,y" 5i .€� y s�, t p y�' i p;�j`� �rirs t�p� ��- i � 7 - IN F # Y S €a 3i 4� 7�%r•4�,,",, w•�^� � `'+ `` �� +^l'?•�f t M , �y�yG,,,,±'# �z` '� � y_� �*+ °""' --k + ,�• 1 -ru r ^ f lie ,.. .. .yep Al E 1[ICi�!9['-:YL°1� .dF:1F3Fik YJ71. 4. 4 II Y II Y y r a l cv. •Y-L..1[a!, iC'1I'�f'.1lLtc ll�� U L a � a �• _ ...t �r. JI.Y.3l.II YL.Y YA LIUt■; auu WH WE u 1. t. . rJ 1 ..ra' W.- 990001 " 990001 9/1182, SCIFUNERAL SERVICES ADVANCE SURVEYING & ENGINEERING CO. 5300 8. Hwy. No. 101 MmatiankaMN55345 Pham (612) 4747964 FU(612)4748267 SURVEYFOR: SCI MEVNESOTAM/NERAL SERVICES y�' SURVEYED: November, 1996 / DRAFTED: Febua999 ry 23,1 LEGAL DESCREMON:Semod Addition m Glen Heves Memorial Gadem, except that part thamf lacared m the plat ofctyard C—ity Center Addiaoq H—Cpin C,00my, M'nnraob; AND peat Addifioe m Gla Haven Memorial Gmhaa, He—pa Comity, Mimewm; AND Third AddiYoo m Giga Haven Memmid Gard—Hemapia Conray, Mavaota.LRdffATTONS d LFAT O,Ns d NOTES: ISmain6 knglh evd ditatim ofburmdary Ima afthe above paged spawn w ax title — that yon fmniai,al We have relied oe that mmmisoeat u m martma of --d 7.hown. 2. Shoevhig wthe locetioa ofa mtpmvamenu we deemed impodmR Topographical feaea m abowa only m Lat 1, Elak I whett a flmcm home u popoeed. 1. Area ofLot 1 i shows m the SrM PLAN. S. No eenemev®mfamd ofar®dmthe titlec�itmenl bot wemawue that some ImrKada i aeemmte sod we have chic accomtofdi— m mplaahrg than with pc p deticated eaemump m thio plot 6 See amaiated dacmaaeubmived with tlris pont®cy pl>r far debila of grading god dmvuge arm vopoaad amt— CERTIFICATION: ' Ih—by certify dut do, --ywee pmpmed by me awdm my direct cul—aa,nod that I m e Pmfadonal Engineer and a Pmfmioral S rv..yor ®der the Laaa of the SWtt ofMimevea lama H. Parh¢PE d P.S Na. 973511-72 I� L1 LJ C9 UJ ul <C '.misaa GRAFMC SCALE 4r�w a W WPM MOO R/1, FL4 NMI A Cj C' �v o� s - x rJ ,rJ�C'r• `4J+ �1 _r —� ---- -- JK-------- —�inlcnA1 t�4F—AdPZ�w r(R"VI�JVIr 1L41RK �I I � I nVV111V1v r, 7 1 \ CyA ------------ ___________ ___ ___ _____ ---------------- __ I � ,v�` A C �7a..viv �\ \ `'�• \% r Ah�hvr \ W 'NOW_ \ \ WPM MOO R/1, FL4 NMI A Cj C' �v o� s - x rJ ,rJ�C'r• `4J+ �1 _r —� ---- -- JK-------- —�inlcnA1 t�4F—AdPZ�w r(R"VI�JVIr 1L41RK �I I � I nVV111V1v FOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS KNOW ALL MEN BY THESE PRESENTS: That Crystal Lake Cemetery Association, a Minnesota corporation, owner and proprietor, of the following desc bed property situated in the County of Hennepin, State of Minnesota, m coir: Second Addtion to Glen Haven Memorial Gardens, except thatpart thereof located in the plat cf Cryatsl Community Center Addition, Hennepin County, Minnesota And First Addition to Glen Haven Memorial Gardens, Hennepin County, Minnesota And Third Addition to Glen Haven Memorial Gardens, Hennepin County, Minnesota Have caused the same m be surveyed and planed as FOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS and do hereby donate and dedicate in the public for public use forever the avenues and easements for drainage and utility purposes only as shown on this plat. In wimess whereof said Crystal Lake Cemetary Association, a Mimusota corporation, has caused these presents on be signed by its proper officers this _ day of 199 CRYSTAL LAKE CEMETARY ASSOCIATION STATE OF MINNESOTA COUNTY OF The foregoing insentient was acknowledged before one this _day of 19g Of Crystal Lake Ce nctary Association, a Minnesota corporation, on behalf of the corporation. Notary Public, County, Minnesota My Commission Expires I hereby certify that I have surveyed and platted the property described on this plat as FOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS; that this plat is a correct representation of said survey; that all distances are correctly shown m feet and hundredths of a f t; that all monuments re have been correctly placed in the ground as shown; and that the outside boundary lines a correctly designated on the plat; and that there are no wet lands as defined in MS 505.02 Subd. I to be designated I—. H. Parker, Lard Surveyor Minnesota License Number 9235 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _ day of 199_ by lames H. Parker, Land Surveyo, Notary Public, Hennepin Counry, Minnesota My Commission Expires CRYSTAL, MINNESOTA This plat of FOURTHADDITION TO GLEN HAVEN MEMORIAL GARDENS was approved and accepted by the City Council of Crystal, Minnesota, at a regular meeting held this day of A.D. 199 . If applicable the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recromrnendations, as provided by Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF CRYSTAL, MINNESOTA By Mayor By Manager TAXPAYER SERVICES DMSION, Hennepin County, Minnesota I hereby certify that taxes payable m 199_ and prior years have been paid for land described on this plat. Dated this day of 199_ Patrick H. O'Connor, Hennepin County Auditor By: Deputy SURVEY SECTION, Hennepin County, Minnesota Pursuant to MINN. STAT. Sec. 38313.565 (1969), this plathas been approved this day of 199_ Gary F. Caswell, Hennepin County Surveyor COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plat ofFOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS was filed in this office this day of 199_._ u o'clock _.M. Michael H. Conniff, County Recorder By: Deputy ................................ . C FOURTH ADDITION TO GLEN C.R. DOC. No, WVLdIAY�N81'58'3O -E POHAVEN MEMORIAL GARDENS SN40'44'W s?� ` %`' SEE mm �\ 0 y�� `ko NBI38'30•E 22.38 "`� '� \ i--�--------T- T !7 \ a$ L'J Q W \ 46.90 \ CK co eLM i ` c7 \ z; Ld ply \F \ F� �J i <C C� ell \ N \ Se9.4400•W00 11 1 .O 0fs i�• 1� \ " ------------------------ 0 ______________O \ \ l �� \\ • ^ L-236.97 �� w I `\ (-. ` ` -11, A-449'28 7 R 2814.1 \ CL v 3 ; 627.95 �- \ I \ '+C-) SJ o6P \ \ �c ss9 — <' P 0 N D CHO BpRGGa534'45'21 W +Op N .C`�J`+ CS 48TF7 J`� WAtER ELEVATION -883.70 -itis 49 � ` a`��� �''• \ J `ry e, ?tom \ o n ��: FEET (Ncw 1903) led It CC _(J`LIJ � Y4- — — `>- — — — — — +- — \ <C \ /` 1 �\`N6833'10•E X\ K u lVir\I�'1'�v �_`� __ \ ``,! `\ i O OQ-Y Oy // 44.96-� ' ^nni-r,n.i rVy I _J \ •�'�pY AS N713.V49'W' IVU MT10—v iZ ^nnrv.•i .t i fl vvi i Iv,v 1 ,, S69'4743•W 1 �• \ v ^\� v`; ` / tiK� r_ — — 60 �OF .^���^ _ R r�uvi luluIPARK :i 2-( nnn,T,nr,i \.<� 1 / ( I -o LOT 1 -ADDITION' IO ' \, --153.76-- i � Lim i0 4 ♦ N 8833'10• E �I �r zoo O 100 200 400 �J CHOBR3-4253'28"W ��J�=�b�<C � J - 9liG'== .' JA II C IN o DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET p�J ` !� \� BLOCK X AND MARKED BY MINNESOTA REGISTRAT10N NUMBER 9235. ORIENTATION OF THIS BEARING SYSTEM IS BASED ON AN ASSUMED DATUM. \ DETAIL `��� omP��m sas5i'trE -t BENCHMARK: TOP NUT HYDRANT ON NORTHWEST SIDE SCALE: 1• = 60' OF RIGHT OF WAY OF WEST BROADWAY AND 100 SOUTHj'�. OF 51ST PLACE N. ELEVATION - 875.46 (NGVD-1929) jamw 00 tv 00 ....................................—...............................................................................................................................................................................................................-............................................................................................................ . 990001 9/118/21 SCI FUNERAL SERVICES ADVANCE SURVEYING & ENGINEERING CO. -r �O��J���� TOP004RMPffY 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax(612)4748267 -44N,D SURVEY FOR: SCI FUNERAL SERVICES SURVEYED: February, 1999 DRAFTED: February 12, 1999 LEGAL DESCRIPTION: Lot 1, Block 1, FOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS, Hennepin County, MN." 'This is a proposed legal description because the plat has not yet been filed. LIMITATIONS & NOTES: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Showing the topography of the site by contour lines and spot elevations, the elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 4. Showing existing trees that we deemed important. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. IJames H. Parker P.E. & P.S. No. 9235 GRAPHIC SCALE - 9 OF MW 4 2 m$a - 30 a X671 \ X 57245 X GRO BRG-534'45 •W 666 R-145.49 .38 156.68 �___ -_„ • \ $enol 4F v kesq 16. — _ °� X ff74M PO./VJO d — XSM29 ` / X67515 a \ \ \ 39 --- o WATER ELEVATION=865.70 FEET (NGVD-1929) NOV. 25,1998 m� \ x nea-Ewa %' \ \ CMO BRG 01 x670.44\ 3W44D'3o•w X °3,b e -z3.33.40• R -MOO 1-205.81 _ _ - X672 \ *87A71 X 87423 e . 1 m � / 97n1e 57 O / 4M LAP 674.66 � X 4 3r ASH 2V I S` 673.97 Q1i�w I i x en.74 a6 , q IA • R'� 7 ' 9725/ p�' S $74.664400 to c „e• Xe7,L14 k1 s ,° I7 a5j,'(B7113 } 674.8.7 'rb iC91a I �D 24•x.41 4' 676.45 151 X aenn --- - 1 / 18 07 7217 ���R— u.l S x7431 X671.2$ X67165 S7442I X671$2',. / �o 72e7ax / S 674J0WAN L­ BMW ASH T" YELM7�673AI X87n116M12 `f��2.•491 __ y 9�e747 .µo 49e][R F114E X57zzs a(e72D31\ �� 7� p9(5{� J illt C��ryx�(�- 1ShNl5Y7Pia5 .674 0� V�!i `�� 674 4x37' •�4�---�� - --_ __ � 73,01 .a n7Y � I ,my .. 1RlE !O\ .'tleYlji't Pl 0 00-92/ 874.73 GP �•:••♦67267 X67142lar ASH 8/4.26 e71.2$ I NN •7' . /i6cusr � / 674.10 oQ $70.67 / enez 9M I � - X67140 0• .oe - 1 X047 97256 67207 �KN99w I I 1 / /96AWM PARKM0 SETBACKS �JQ 1 67116.61 e c4. an. / ,M Mw,c ne= an c S055 W '- `('ja� 06 �'7' AA06 A 'Kn 871.99 -_ 870.94 \ / 971.64 UEGM EAMICE EAMMOIE MO7 RE3D ESGiFD PCIEJE BAS SCLCAI0 AW e S WEIE19 WS IEIFR EAM M19EW7 CONCRETE SLIVW3: —E�—M7EIYM1 NO QA1KE —9_SANFTARr OEM AND SEK, BT—BRAE gix —E-9AlINI —E-0101AO1001D FIF101W0 JOB NO. 99001, ?90001 9/118/21 SCI FUNERAL SERVICES ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax (612) 474 8267 VEY FOR: SCI FUNERAL SERVICES SURVEYED: February, 1999 DRAFTED: February 12, 1999 LEGAL DESCRIPTION: Lot 1, Block 1, FOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS, Hennepin County, MN.* *This is a proposed legal description because the plat has not yet been filed. NOTES: 1. PARKING: 92 Total Stalls 76 Regualar Stalls 4 Handicapped 12 Stacked Parking 2. BUILDING SQUARE FOOTAGE: 7925 SQ. FEET 3. LOT AREA: 78542 SQ. FT (1.8 ACRES) 4. See lighting plan by others lighting details and type and height of fixtures. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. James H. Parker P.E. & P.S. No. 9235 ,RRLWRIIF RICH A F.A9JV PffTX1L ,J.' : L MPwRarrt ROP ,/: i Moxumrr a,cR A 1 1/2" : t' MONUMENT SIGN CAP RVYMWAMW�" V 41 PO./VD CHD BRG—S34'45'21'W \ A-2219'16' R-145.49 L-56.68 <__________________ /• DRIVEWAY EASEMENT WATER ELEVATION=865.70 FEET (NGVD-1929) NOV. 25,1998 CLD BRG3*35'21'30'W 00-'40' R- 500. / R-500 L-205.61 — --' \ J I 1 - - \ I / rl / QL DRIVEWAY I Q� EASEMENT—, C/yo 4 R /4 � 4v, ze•W � � 1 <>ge i0�0 --------------- 1 i 0 MANHOLE 0MAOLE MUT FI1D LOWED % NHPOWER PORE ■ CATCH MSM SOIL BtlEO OAS LETFA 0•.• FH! H1~0ONOMM 9L IACs M—DOBIMO MW Mi —S—EAMM ZWTAW/ SEM —ST_DMM0 VOW SEXt —O_D061EIB OAWAM —E—DOSING IHaEROPOLI D FIECT44C �M_MPO1 p WAM"AM —I—PROPO® SWARM SEM —i�P0.QK>OFD SMIM 41FM SLT MCE _PR 03ED=2 WIOETE CUIB d PNOPO L anw I 0 / / — _ iMPAWM BUCDIN�r g7�5v /-LMIHAIM PARING SETBACKS \ Y v� JOB .VO. 981438 / tp GRAPHIC SCALE >� >e a V 1 inch - W 1L � /-LMIHAIM PARING SETBACKS \ Y v� JOB .VO. 981438 990001 9/118/21 SCI FUNERAL SERVICES ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax(612)4748267 SURVEY FOR: SCI FUNERAL SERVICES SURVEYED: February, 1999 DRAFTED: February 12, 1999 LEGAL DESCRIPTION: Lot 1, Block 1, FOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS, Hennepin County, MN.* *This is a proposed legal description because the plat has not yet been recorded. LIMITATIONS & NOTES: 1. Showing the location of existing improvements we deemed important. 2. Showing proposed utility connections for the client's review and for review by those governmental agencies having jurisdiction but not for construction. 3. Showing the topography of the site by contour lines and spot elevations, the elevations shown relate only to the benchmark provided on this survey. Use that benchmark and nothing else to determine elevations on this project. Check at least one other feature shown on the map to verify your elevation. 4. The water line shall be bored under West Broadway. During the connections of the water and sewer lines, a Traffic Control Plan shall be designed to meet the all applicable requirements. West Broadway shall be restored to it previous condition after the connections are completed. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. James H. Parker P.E. & P.S. No. 9235 ASEMR 4,VD #2FER ASERMCE' PROFILx7 =84 n TAP E OS NO ER YAIN BFT OEPIfI) ee �R00 884 878 874 ma am 1158 ASFORdl SA7#Er R PROFILE 2400 INS&Lf1TION RETAIL 7 %Y f0ID N•E® f1YIl00oY r or SANfTANV SE3ER INSIDE PROP DETAIL BM 88-3 !o,.Np a1ep1.1 D.I.P ME w� 4�ervro.c A ASFORdl SA7#Er R PROFILE 2400 INS&Lf1TION RETAIL 7 %Y f0ID N•E® f1YIl00oY r or SANfTANV SE3ER INSIDE PROP DETAIL BM 88-3 !o,.Np OTE P0.yp Tho rop of IN a bW OSIMI,P. all pouf tl cA.W N 11 .1 IN P01,B iN —W 01 p, 1, r, Mee /rle. IN EIrNI.r of IN Hlil IWoI� b. W.1 1. o.m WATER ELEVATION=865.70 FEET (NGVD-1929) NOV. 25,1998 CATCH BASIN CASTING ASSEMBLY W4 (NEEENAH CASING NO. R-3067 WITH TYPE on DR OR DL GRATE OR APPRINED EQUAL) fIYIJRANT AND ULYE IIETAIL MO =7e nt.cawn nP Ngpr P,.w IIr�J 30E— ELAN FLFLOORGOc� Rra LL Cwt.) cV aP PROPOBED . ti"�" 174 D 10= T.—E.Perrwn Y°Nrinl b G � •e.".� f'":. M 34' u' C.- q.c.,. R of Bail ARx.smlcfclaAu ul. • air �n w°w•yw "@ ]- BWn 2'- 02 "B.In.Ba Y AEArlppo .. 1E. 2. " 80 eiV1:: Tan. A——�. AM herb. Tn. �� N 47; INIot xs 0u11°' 0uW°caR" lllww..r.r rsewr tCUM, w.. awrp ATPM m Our won wruis. M. r e n ^'"L]!°^±_e+.4�RA,Ratp a rr"nl.lwA^a r N rY.rr w rYr.rr. 862 880 878 878 874 872 am 518 866- POW 11"ATION W&7 gT1ER e lO.5x 882 860 888 a0=GP FLEIIRED AN'P SECTION FlTII GATE IJETAIL In4N,er1 urw ro MN W AO.M p Tr,... 31ra. 'a., "» I..1 3...rl.w 1 r'Y o'oI of A1N I~ ~ uI. NI'IN .M orw rr. m"w 31 NAINOIE ... MANHOLE NOT EELO LOCATED' POWER POLE CATCH BASET 0 SOL BORING GA3 NET" IEE HIORANT c S ,YFNi -- - ETOSTiR10 EATEAYAN -- E105,NG 9WTARY SEW -==EWER SEWER' -. oa3TNG oAs1AN __-oeslNo ufoExGRGuo --Y--PROPOSFn r FA,Em1AN - s,Da 9E�RER� sE�x cG PRGPasn wAmf vA�T� I -TA PROPOSED EATER TEE \X\ -'' WET TAP 8'X6" �/- .rrTa,.o.. r aGTE-Genes ' ' ' • • WMA ZQ 20-' . ,tw'sics i IS 1b ZA a, 5 .! 1 EASE DEPTH 1 EWTO ,0' TO MISS• sroral SEWER FINIS OR' = 878.0 / /� / � � �ROPOSED BUII.gING� �'2 F, a° A 11o' x 73' 0- 7`71 b �oCUST,� fes. `� ntb4iNUN eo_w� sE ,. as i 10" l0 ST � '94rH5 - NN•eeeG2 . GRAPHIC SCALE IN nw ) I iwh 90 3L JOB NO. 990001 a1ep1.1 D.I.P a w� 4�ervro.c A OTE P0.yp Tho rop of IN a bW OSIMI,P. all pouf tl cA.W N 11 .1 IN P01,B iN —W 01 p, 1, r, Mee /rle. IN EIrNI.r of IN Hlil IWoI� b. W.1 1. o.m WATER ELEVATION=865.70 FEET (NGVD-1929) NOV. 25,1998 CATCH BASIN CASTING ASSEMBLY W4 (NEEENAH CASING NO. R-3067 WITH TYPE on DR OR DL GRATE OR APPRINED EQUAL) fIYIJRANT AND ULYE IIETAIL MO =7e nt.cawn nP Ngpr P,.w IIr�J 30E— ELAN FLFLOORGOc� Rra LL Cwt.) cV aP PROPOBED . ti"�" 174 D 10= T.—E.Perrwn Y°Nrinl b G � •e.".� f'":. M 34' u' C.- q.c.,. R of Bail ARx.smlcfclaAu ul. • air �n w°w•yw "@ ]- BWn 2'- 02 "B.In.Ba Y AEArlppo .. 1E. 2. " 80 eiV1:: Tan. A——�. AM herb. Tn. �� N 47; INIot xs 0u11°' 0uW°caR" lllww..r.r rsewr tCUM, w.. awrp ATPM m Our won wruis. M. r e n ^'"L]!°^±_e+.4�RA,Ratp a rr"nl.lwA^a r N rY.rr w rYr.rr. 862 880 878 878 874 872 am 518 866- POW 11"ATION W&7 gT1ER e lO.5x 882 860 888 a0=GP FLEIIRED AN'P SECTION FlTII GATE IJETAIL In4N,er1 urw ro MN W AO.M p Tr,... 31ra. 'a., "» I..1 3...rl.w 1 r'Y o'oI of A1N I~ ~ uI. NI'IN .M orw rr. m"w 31 NAINOIE ... MANHOLE NOT EELO LOCATED' POWER POLE CATCH BASET 0 SOL BORING GA3 NET" IEE HIORANT c S ,YFNi -- - ETOSTiR10 EATEAYAN -- E105,NG 9WTARY SEW -==EWER SEWER' -. oa3TNG oAs1AN __-oeslNo ufoExGRGuo --Y--PROPOSFn r FA,Em1AN - s,Da 9E�RER� sE�x cG PRGPasn wAmf vA�T� I -TA PROPOSED EATER TEE \X\ -'' WET TAP 8'X6" �/- .rrTa,.o.. r aGTE-Genes ' ' ' • • WMA ZQ 20-' . ,tw'sics i IS 1b ZA a, 5 .! 1 EASE DEPTH 1 EWTO ,0' TO MISS• sroral SEWER FINIS OR' = 878.0 / /� / � � �ROPOSED BUII.gING� �'2 F, a° A 11o' x 73' 0- 7`71 b �oCUST,� fes. `� ntb4iNUN eo_w� sE ,. as i 10" l0 ST � '94rH5 - NN•eeeG2 . GRAPHIC SCALE IN nw ) I iwh 90 3L JOB NO. 990001 990001 9/11.8/21 SCI FUNERAL SERVICES ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax(612)4748267 /�i�i��'fi 4j 00M 611�01/�� �•'lE41YV. �ff7 P l•� ISURVEYFOR: SCI FUNERAL SERVICES SURVEYED: February, 1999 DRAFTED: February 12, 1999 LEGAL DESCRIPTION: Lot 1, Block 1, FOURTH ADDITION TO GLEN HAVEN MEMORIAL GARDENS, Hennepin County, MN.* *This is a proposed legal description because the plat has not yet been recorded. LIMITATIONS & NOTES: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the comers of the property. 4. Showing the topography of the site by contour lines and spot elevations, the elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the map when determining other elevations for use on this site. 5. Showing existing trees that we deemed important. 6. Dashed contours show proposed shape of completed site. Solid contours show existing shape of site. 7. Boxed elevations show proposed spot elevations while elevations without a box show existing spot elevations. STANDARD SYMBOLS & CONVENTIONS: ' " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. 1 James H. Parker P.E. & P. S. No. 9235 BITUMINOUS CROSS SECTION STANDARD CONCRETE CURB DETAIL catch26µash�nfweb10 m of R pprow 0' lore 12 R P A. 2/4' loo! R ' 7• ORIVEMAY SECIM 711• 1 1/Y • IV STANDARD CURB AND GUTTER OPm 8 6-12 0 e 4 0ottw) CONSTRUCTION OF SILT FENCE GRAPHIC SCALE p ,. n _--I R BE I= 1 lock - 30 R i X e7aa3 NIGH POM - PN 0+00 - ELEV- 873. L,40 X� �Y . 0.323 X 87A24 P02V'V a Xoe 3 �•� � k WATER ELEVATION=865.70 FEET (NGVD-1929) NOV. 25,1998 a PN - 1+0036 ELS'86L L - DO �X / N - 0,95 II 0ETA3 EOE Rmn ENE amm / /X 1174.23 PEYED`..300 "0 EaTD.�2 / bei/ < 7I -V PN - 3120 ElEV- 37&1 �. M - as+ X e 113 Xaftzo X`00332 _ ry,° fl 31`H 871-20 ]` io to To coticu� auuc ` Til '12 Zp X `. rRVr-- X67&20 `)1''u".^•'-' :a \87`' 110' x 73 R7a - S z 01 - 0]2 .'38720 X &42 % 87 / \ 'a cDurow T OF EI{GE1fE FLL _ 070.84 � 871.64 `1172 B A i� /�_�AP10TJ0 SRBApci O MANHOLE 0MANHOLE NOFIM LOCATED ,< POWER Paz 0 CATCH SASE SOS Ewa EAS ""M �FI E HYOAWT wNO OT Eaf/Q —M-10MM WAMNAI1 —S—EX4Ea SANITARY =TETE —8T—E103IN0 SItlW EER —E—EIOEIEEO IMERWOIRa DAM= -�--49OPOSED E17EAIN1 _E SAUTARY SEES ----GP--PROPOM SIM SEVEN =PROPOED SILT FENCE PROPOSED N12 CONCRETE 4O x . A5� OQ I _ 7I 21 <ff".]4 Aoo I m34e 161 �s. ca'raasr=_ Ms�erleL®..-- Ts r'Q _ IS NaL PgO1 RANI �� _ _ Nue - �• om - a aa; I.voacJee rAesc - a a¢ F:i! "m a'� •• nAra.o as - a ac e FSLt" moa wlasr� - a see ,.•,e,.�_ ti nvsa nva ro nw Tar ara�o arm asnuec ^ u _l oxsrRars TREE FI WING LETAL 2 GECnV01K 11EE PUNiNG insLI �u .... LI en /�MPlx+n+c DETAIL PLANT DETAILS: COORDINATE THE PHASES OF CONSTRUCTION AND PLANTING WORKING INSTALLATION WITH OTHER CONTRACTORS ON SITE ALL ANNUAL AND PERENNIAL PLANTING BEDS To RECEIVE 3' DEEP SIRIDDED HARDWOOD MULCH WITH No WEED BARRIER. NO PLANTING WILL BE INSTALLED UNTIL COMPLETE GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE WIIEOA7E AREA LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AN IRRIGATION LAYOUT PLAN AND SPECIFICATION AS A PMT OF THE *HERE SOD ABUTS SURFACES, FLASHED GRADE OF SCOPE OF WORK WHEN BIDDING. THESE SHALL BE APPROVED BY THE LANDSCAPE ARCHITECT WRKIR TO ORDER AND/OR INSTALLATION. IT ELDPAVED SOD SHALL BE H/SEEDED S+LB. CURB. ETC. 1• BELOW SURFACE ELEVATION OF TRAIL. TNALL� CONTRACTORS RESPONSIBILITY TO INSURE AND PLANTED AREAS ARE IiRIGATED SOD SHALL BE LAN) PARALLEL TO THE CONTOURS AND SHAH HAVE PROPERLY, INCLUDING THOSE AREAS DIRECTLY AROUND MID ABUTTING BUILDING FOUNDATION. STAGGERED JOINTS. ON SLOPES STEFPEt THAT 11 OR IN DRNNAGE SwALES, TNHE SOD SHALL aE STAKED TO THE GROUND. THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE OWNER WITH A ALL PLANT MATERIAL SHALL COMPLY WITH THE LATEST EDITION OF WATERIIG/LAWH IRRIGATx)r! SCHEDULE APPROPRIATE TO THE PROJECT SITE CONDITIONS AND 10 PLANT MATERIAL GROWTH REQlIRE1MENM THE A M STANDARD FOR NURSERY S1DCK, AMERICAN AR ASSOCIATION O' BS SHAIMEN. UNLESS NOTED OTHERWISE, DECJQUOUS SHRUBS SHALL HAVE AT LEAST S CAN6 AT THE LANDSCAPE CONTRACTOR SHALL ESTABLISH TO HIS SA71WACIM THAT SOL AND COMPACTION CONDITIONS ARE ADEQUATE TO ALLOW SPECIFIED SHRUB HEIGHT. ORNAMENTAL TREES SHALL HAVE NO V CROTCHES AND SHALL BEGIN BRANCHING NO LOWER THAN 7 ABOVE FOR PROPER DRAINAGE A7 ANO AROUND THE GUIDING SITE ROOT BALL STREET AND BOULEVARD TREES SHALL BEGIN BRANCHING NO LOWER THAT e' ABOVE FINISHED GRADE, IF THE LANDSCAPE CONTRACTOR IS CONCERNED OR PERCEIVES ANY CEFKXWCIES IN THE PLANT SELECTIONS SOIL CONDITIONS OR ANY PLAN TAKES PRECEDENCE OVER PLANT SCHEDULE IF DISCREPANCIES N QUANTITIES ETOST. SPECFICATIONS TAKE PRECEDENCE OTHER SITE CONDITION WHICH MIGHT NEGATIVELY AFFECT PLANT ESTABLISHMENT, SURVIVAL OR GUAR TEE. HE MUST BRING THESE OVER NOTES. DEFICIENCIES TO THE ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TO PROCUREMENT AND/OR INSTALLATION. ALL PROPOSED PLANTS SHALL BE LOCATED AND STAKED AS SHOWN ON PLAN. LANDSCAPE ARCITECT MUST APPROVE ALL STAKING OF PLANT CONTRACTOR SHALL SUBMIT A WRITTEN REQUEST FOR THE OWNER ACCEPTANCE INSPECTION OF ALL LANDSCAPE AND STE MATERIAL PRIOR TO ANY AND ALL DICCNG IMPROVEMENTS NO PLANT MATERIAL SUBSTITUTIONS WILL BE ACCEPTED UNLESS APPROVAL IS REQUESTED O' THE LANDSCAPE ARCHITECT BY THE CONTRACTOR IS RESPONSIBLE FOR OTN COMM. MAINTENANCE O' ALL NEWLY INSTALLED MATERIALS UNTIL TIME CF OWNER ACCEPTANCE LANDSCAPE CONTRACTOR PRIOR TO THE SLJMNSS30N OF A BID AND/OR QUOTATION. ANY ACTS OF VANDALISM OR DAMAGE *NCH MAY OCCUR PRIOR TO CMMER ACCEPTANCE SHALL BE THE RESPONSIBILITY OF THE ADJUSTMENTS IN LOCATION OF PROPOSED PLANT MATERIALS MAY BE NEEDED IN FIELD. SHOULD AN ADJUSTMENT BE ADVISED, CONTRACTOR CONTRACTOR SHALL. PROVIDE THE OWNER WITH A MAINTENANCE PROGRAM INCLUDING, BUT NOT NECESSARILY UNITED THE LANDSCAPE ARCHTECT MUST BE NOTIFIED. TO, PRUNING, FERTILIZATION AND OISFASE/PEST CONTROL ALL PLANT MATERIALS SHALL BE FERTILIZED UPON INSTALLATION WITH DRIED BONE MEAL. OTHER APPROVED FERTIUZER MU® IN CONTRACTOR SHALL GUARANTEE NEW PLANT MATERIAL THROUGH ONE CALENDAR YEAR FROM THE DATE OF OWNER ACCEPTANCE. WITH THE PLANTING SOL PER THE MANUFACTURER'S INSTRUCTIONS OR MAY BE TREATED FOR SIMMER AND FALL INSTALLATION WITH AN WARRANTY (ONE FULL GROWING SEASON) FOR LANDSCAPE MATERIALS SHALL BEGIN ON THE DATE OF ACCEPTANCE BY THE LANDSCAPE APPLICATION OF GRANULAR 0-20-20 OF 12 OZ PER 2.5' CALIPER PER TREE AND a OZ PER SRRUB WITH AN ADDITIONAL APPLICATION ARCHITECT AFTER THE COMPLETION OF PLANTING OF ALL LANDSCAPE MATERIALS NO PARTIAL ACCEPTANCE WILL 10-10-10 THE FOLLOWING SPRING IN THE TREE SAUCER BE CONSIDERED.O. ALL PLANTS TO BE INSTALLED AS PER PLANTING DETAILS. CONTRACTOR SHALL PROVIDE OWNER MTN REPRODUCIBLE AS -BUILT DRAWING(S) OF ALL LANDSCAPE INSTALLATION AND SITE IMPROVEMENTS ALL PLMEAS RECEIVING GROUND COVER PERENNIALS, UPON COMPLETION O' CONSTRUCTION INSTALLATION AND PRIOR TO PROJECT ACCEPTANCE ANNUALS, ANANTINGD/OR LANES SHALL RECEIVE A ARTOF B' DEPTH OF PLANTINGSOL CONSISTING NG AT LEAST 45 PARTS TOPSOL, 45 S PARTS PEAT OR MANURE AND 10 PARTS SMD.. UNLESS NOTED OTHERWISE THE APPROPRIATE DATES FOR SPRING WRAPPING MATERIAL SMALL BE AIPVC PIPING /' GREATER IN CALIPER THAN THE TREE BUNG NG PROPROTECIID ID OR QUALITY. HEAVY, WANT MATERIAL INSTALLATION AND SOD PLACEMENT IS FROM THE TIME GROUND HAS THAWED TO .UNE 1A WATERPROOF CREPE PAPER MANUFACTURED FOR THIS PURPOSE WRAP ALL DECIDUOUS TREES PLANTED IN THE FALL PRIOR TO 12-1 ANO FALL SODDING IS GENERALLY ACCEPTABLE FRONT AUGUST 15 - NOVEMBER 1. PLANING QUTSDE THEE GATES IS NOT RECOMMENDED. REMOVE ALL WRAPPING AFTER 5-1. ANY ADJUSTMENT MUST BE APPROVED IN WRITING BY THE LANDSCAPE BLACK POLY EDGER 7a BE USED TO CONTAIN SHRUBS, PERENNIALS, ARCHITECT. AND ANNUALS WHERE BED MEETS SOD UNLESS NOTED OTHERWISE. CONIFEROUS PLANTING MAY OCCUR FROM AUGUST 15 - OCTOBER 1 AND ALL SHRUB BED MASSINGS TO RECEIVE 4' DEEP STONE MULCH OR SHREDDED HARDWOOD MULCH AND FIBER MAT W® BARRIER FALL DECIDUOUS PLANTING FROM THE FIRST FROST UNTIL NOVEMBER iS PLANTING OUTSIDE THESE DATES IS NOT RECOMMENDED. ANY ADJUSTMENT AS SHOWN ON PLAN. MUST BE APPROVED IN WRITING BY THE LANDSCAPE ARCHITECT. ALL EVERGREEN TREES TO RECEIVE 4' DEEP SHREDDED HARDWOOD MULCH WITH NO MULCH IN DIRECT CONTACT WITH TREE TRUNK. PLANT NOTES: COMMON NAME SCENTFlC NAME SZE CONT 1 22AIMEN7S EVERGREEN TREES Phu- Y1.Yeatrla B fl HCT BATH f•I III FORM I PERENNIALS I 5T-- d- ORD OAYL'LY I H u v119 a i OT POT Pt ANI I--1 PLANT SCHEDULE: 0 Proposed Deciduous Tree 0 Proposed Ornamental Tree Proposed Coniferous Tree o Proposed Deciduous Shrub to Proposed Sod \ N rrigation Area -8 includes alb • ted and ded area not? _ f co d iri Orr g ion Stone mulch all planting island it ' = � 1 Limit of Irrigatio Area A. �o Shreddedhair- d �" f in aliother sh • N 0 15' 30' 60' NO PLANT LEGEND: LANDSCAPE PLAN: Sheet Title Site Improvements for: Glen Haven Cemetary Crystal, Minnesota I 9 Certification I hereby certify that this plan Was r a me or under my direct supervision opnd tt Registered Lund!"a Architect under the of the State of Minnesota. Name: Damon Farber Registration # 12538 Signature: Authorization DFA Project #: 99-109 Drawn/Checked: CD/ DF Scale: 1"=30'-0' Date: 15/2/99 Revision: -- Planting Plan SCALE: 1/8" = 1' SCALE: 1/8" ASPHALT SHINGLES -_ SIDING 17-C AFF. 11Y -O" AFF. MODULAR FACE BRICK RIGHT ELEVATION BRICK SOLDIER COURSE SCALE: 1 /8" = 1' M E M O R A N D U M DATE: March 1, 1999 TO: Planning Commission (March 81h meeting — Public Hearing #3) FROM John Sutter, Planner SUBJ.: Application 99-4.1,8: Rezoning from R-1 Single -Family Residential to P.U.D. Planned Unit Development, and Preliminary Plat for 60 lots to be located on 10 acres adjacent to the northwest corner of 47 Ave N and Zane Ave N (southerly 10 acres of Second Addition to Glen Haven Memorial Gardens, P.I.D. 09-118-21-32-0028) (The effect of the requests would be rezoning and subdivision of property for the development of 60 detached single family houses, to include lot width, lot area, street right-of-way width and front yard setbacks lower than the minimum standards in Crystal City Code.) A. BACKGROUND The Bancor Group is proposing to subdivide a 10 acre outlot (to be created upon approval of Application 99-3.1,3,4,8), to develop 60 single family detached houses. Crystal Lakes Cemetery Association is the owner of the 10 acre development site. An initial concept review discussion was held before the Planning Commission on February 8, 1999. An informational meeting for neighborhood residents was held on February 24, 1999. Notice of the February 24 meeting and the March 8 public hearing was mailed to properties within 1,050 feet of the subject property, except those located west of Douglas Drive. Notice was also published in the Sun Post on February 24. The following informational items are attached: ❑ Comprehensive Plan future land use map; ❑ plat map showing the subject property and adjacent properties; ❑ summary of proposed lot areas and widths (prepared by staff); ❑ narrative submitted by developer; ❑ letter from developer describing similar developments in other cities; ❑ proposed preliminary plat, utility plan, street and storm sewer plan, grading, drainage and erosion control plans, and landscaping plan; ❑ typical building elevations and building placement on lots; ❑ proposed covenants submitted by developer; ❑ development concepts for standard single family lots (prepared by staff); ❑ comments from informational meeting on February 24 (summarized by staff); and ❑ written comments received on the project. B. STAFF COMMENTS 1. Comprehensive Plan — Land Use and Density The subject property is guided for two land uses: Cemetery and Low Density Residential. These two uses divide an existing parcel (Second Addition to Glen Haven Memorial Gardens). Staff has interpreted this to mean that the portion of the property to be developed is guided for low density residential, and the balance is guided for cemetery use. For this reason, staff would characterize this development site as being guided for Low Density Residential. The Comprehensive Plan states that Low Density Residential land uses are not to exceed five units per gross acre. However, with a Planned Unit Development a developer would be eligible for a density bonus yielding a gross density of not more than six units per acre. The applicant is proposing 60 units on 10 acres, which would be the highest possible with a P.U.D. for property guided Low Density Residential. The property is surrounded by the following land uses, which are also zoned R-1 Single Family Residential: ❑ North: Glen Haven Cemetery ❑ East: Zane Avenue, across which are 10 single family homes on lots typically 60'x 105'; overall density 4.5 units per gross acre. ❑ South: 47 Avenue, across which are 8 single family homes on lots ranging from 65'x 103' to 75'x 115'; overall density is 3.9 units per gross acre. ❑ West: One house on a 75'x 134' lot and two houses on 68'x 175' lots, and approximately 400' abutting the Crystal Community Center site. 2. Proposed Development a. Lots. The applicant is proposing to subdivide the property into 60 single family lots and, with a builder (Ryland), construct a new detached house on each lot. Lot area would range from 4,240 sq. ft. to 10,227 sq. ft. The average lot size would be 5,320 sq. ft.; the median would be 4,473 sq. ft. The City's minimum standard is 7,500 sq. ft. Lot width for rectangular lots would range from 40 feet to 60 feet. The average lot width would be 45 feet; the median would be 40 feet. The City's minimum standard is 60 feet. REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 2 b. Streets. The right-of-way width for the proposed streets is 50 feet. The City's standard is 60 feet. A typical cross section for a city street (local) would be 30 feet of street (31 feet back-to-back), with 14.5 feet on each side of the street for boulevard and sidewalk. The proposed cross section would be the same, except that the boulevard area on each side of the street would have 4.5 feet of grass and 5 feet of sidewalk. All streets in the development would be public streets, with the City responsible for maintenance. Street names have not yet been determined but will need to be shown on the final plat before it is submitted to the City Council. The Planning Commission is invited to make suggestions for street names. C. Sidewalks. As required in the subdivision code, sidewalks will be required in the development. Staff has suggested that the streets within the development have sidewalks where there are houses fronting, but not where there are no houses fronting. Cl. Storm Sewer. The storm water collection system within the development would discharge to the existing storm sewers along 47 Avenue and Zane Avenue. Both of these storm sewers discharge into the pond located adjacent to West Broadway at the northeasterly corner of Glen Haven Cemetery. The development is not subject to a requirement to provide on-site storm water ponding. e. Water and Sanitary Sewer. The development's water mains would connect to the existing system at 47 Avenue and Adair Avenue, and Zane Avenue adjacent to 4736 Zane. The sanitary sewer lines would connect to the existing system at 47 Avenue and Adair Avenue. f. Public Open Space. Two areas for public open space are proposed: ❑ "Outlot A" (2,750 sq. ft.), a strip 25 feet wide for the purpose of providing a pedestrian connection between the development and the adjacent Crystal Community Center, ball fields and municipal pool. ❑ The eastern edge of one of the ball fields (area not known), which encroaches on the northwest edge of the subject property. It is anticipated that, as part of this development, the City would be granted an open space easement for the purpose of continuing this field in its present location. To further "clean up" this issue, an "Outlot B" could be created in the plat and the property deeded to the City of Crystal for parks and recreation purposes. REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 3 g. Private Open Space. Because this is a single family detached development, the private open space consists of the open spaces on each lot. h. Landscaping. The applicant is proposing landscaping that would define the entries to the development along 47 Avenue and Zane Avenue, with enhanced landscaping along the east -west street to provide a promenade effect visually linking the Zane Avenue entrance on the east with the Crystal Community Center property to the west. Because the 18 lots adjacent to 47 Avenue and Zane Avenue are double frontage lots with the rear of the houses facing those streets, the applicant is proposing enhanced landscaping along 47 Avenue and Zane Avenue to provide screening of the rear yards of those 18 houses. 3. Planned Unit Development Considerations - Generally. Typically a P.U.D. is used to create a combination of uses not normally permitted in a single zoning district, and/or to modify the setbacks, lot size requirements and subdivision design standards in order to preserve open space or unique features of the site. The proposal does not involve either a mixture of uses not otherwise permitted or significant open space / unique features preservation. For this reason it is difficult to find justification for a Planned Unit Development based on either a desire for mixed uses or site conditions. Because the developer is asking the City to reduce its standards for lot width, lot area, street right-of-way width and front yard setbacks, it would be reasonable for the Planning Commission to ask the questions, "why do a P.U.D?" and "what benefit does the community get in return for reducing its standards?". The proposal's impact on and fit with the surrounding neighborhood should also be a primary consideration in determining whether or not the proposed P.U.D. should be approved. The purpose of the planned unit development is expressed in Crystal City Code (515.52): The purpose of the Planned Unit Development (P. U. D.) District is to provide a district which will encourage the following: a) flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development b) provision of housing affordable to all income groups; c) energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 4 4. d) preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; e) more efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels; high quality of design and design compatible with surrounding land uses, including both existing and planned; g) sensitive development in transitional areas located between different land uses along significant corridors within the City; and h) development which is consistent with the Comprehensive Plan. Planned Unit Development Considerations — Specific Standards. a. The applicant is proposing to deviate from the minimum standards established in Crystal City Code for lot width, lot area, street right- of-way width and front yard setbacks, as follows: PROPOSED STANDARD PROPOSED AS BY THE REQUIRED PERCENT OF DEVELOPER BY THE CITY STANDARD Min. Lot Area 4,240 sq. ft. 7,500 sq. ft. 56.5% Min. Lot Width 40 feet 60 feet 66.7% Min. Front Yard Setback 20 feet 30 feet 66.7% Min. Street Right -of -Way 50 feet 60 feet 83.3% b. The applicant is proposing a hardsurface coverage ratio of 43%; the maximum is 50%. The applicant is also proposing a floor -to - area ratio of 0.27; the maximum is 0.5. C. The applicant is proposing building setbacks from the edge of the P.U.D. of at least 30 feet, except along the cemetery property to the north. Along this property line, the houses are shown to be at least ten feet from the line. 515.52 Subd. 3(f) requires that a building may not be nearer than its building height to any property line when the abutting property is in an R-1 or R-2 Residential Use District. The cemetery is zoned R-1 but is not a permitted or conditional use in the R-1 or R-2 districts; based on this, the staff interpretation is that the distance between the northmost houses and the north property line could be less than the building height. REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 5 However, the Planning Commission could find that this interpretation is not correct and that the building setback from the cemetery property line must be no less than the building height. Cl. 515.52 Subd. 3(h) states, "A P. U.D. which involves a single land use type or housing type will be permitted provided that it is otherwise consistent with the objectives of this Code and the Comprehensive Plan". Because the proposal is for a single land use and housing type, the development would need to be consistent with the objectives to warrant approval. However, it appears that this development is consistent with some objectives but not with others. For example, p. 38 of the Comprehensive Plan states, "Whether infill or redevelopment, projects are intended to: 1) be relatively small, 2) be compatible in design with the established neighborhood, 3) increase the ratio of owner occupied housing, and 4) fill unique market niches (e.g. senior cottages). " Staff opinion is that the proposal is consistent with item 1), inconsistent with item 2), and unknown relative to items 3) and 4). e. 515.52 Subd. 3(i) states, "A residential P. U. D.... must provide a minimum of 10% of the gross project area in private recreational uses for project residents. Such area must be developed and used for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic areas, tot lots and saunas. " This language seems to reinforce the impression that the P.U.D. was not envisioned as a way to accommodate detached single family residential development, since such development typically relies on each individual house to provide its own recreational space on its lot. However, the language does not specifically exclude the private yards from consideration as private recreational areas. For this reason, staff interpretation is that the proposal does meet this requirement. 515.52 Subd. 30) states, "Property to be included in a P. U. D. must be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plans. " REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 6 Attached are copies of covenants submitted by the developer which would be a model for covenants in the proposed project. The covenants and a development agreement would be finalized prior to the City Council's second reading and adoption of an ordinance rezoning the property for the requested P.U.D and approval of the Final Plat. g. 515.52 Subd. 3(m) states, "The uniqueness of each P. U. D. requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the City ordinances ordinarily governing them. The City Council may therefore approve streets, utilities, public facilities and land subdivisions that are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this Subsection or to protect the health, safety or general welfare of the residents of the P. U.D., the surrounding area or the City as a whole. " This language appears to give the City the authority to deviate from the established standards, but it does not require the City to do so. It does require that the City Council find that the standard to be relaxed is not necessary to meet the intent of the P.U.D. section of the Zoning Ordinance. It also requires that the City Council find that the standard to be relaxed is not necessary to protect health, safety or general welfare of the residents of the P.U.D., the surrounding area and the City as a whole. Throughout the process of considering a P.U.D., but especially with regard to this language, the Planning Commission and City Council must exercise a great degree of judgement as to whether or not a proposal can be approved. Consideration of a P.U.D. is difficult because it is not just a matter of meeting established standards, it is also a matter of meeting intent and purpose, and complying with broad objectives such as those described in the Comprehensive Plan. C. SUGGESTED FINDINGS OF FACT Crystal City Code 515.52 Subd. 4(f) states, "The Planning Commission and City Council must base their recommendations and actions regarding approval of a P. U. D. on a consideration of the following: 1) compatibility of the proposed plan with this Subsection and the goals, policies and proposals of the Comprehensive Plan; 2) effect of the proposed plan on the neighborhood in which it is to be located; REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 7 3) internal organization and adequacy of various uses or densities, circulation and parking facilities, public facilities, recreation areas, open spaces, screening and landscaping; 4) consistency with the standards of Section 520 of the City Code pertaining to site and building plan review; and 5) such other factors as the Planning Commission or City Council deem relevant. The Planning Commission and City Council may attach such conditions to their actions as they determine necessary or convenient to better accomplish the purposes of this Subsection. " Suggested Findings of Fact to Approve: Because staff cannot find sufficient justification to recommend approval, we do not have any suggested findings of fact to approve. However, there are some potential positive aspects of the proposed project that could be a basis for findings to approve. The development will create a sense of community because the houses will be closer together and will face each other whenever possible. 2. In working with a single builder, the developer will have greater design control than a typical single family residential development. 3. While other standards would be reduced, the minimum setback between the �. sides of houses would be 15 feet; this is five feet greater than the minimum required by Crystal City Code. 4. The combination of maintenance free exterior materials and centralized lawn irrigation, lawn care, snow removal and garbage collection will help ensure that the development will continue to look attractive into the future. 5. The use of landscaping and planting to create a visual buffer along the south and east edges of the site will enhance the appearance of the site when viewed from existing houses and streets. 6. The preservation of the ball field which encroaches on the site, together with the sidewalks connecting the development to the community center property, will enhance recreational and social opportunities for residents of the development and the surrounding neighborhood. In addition, the Planning Commission and City Council would have to find that the City's standards for lot width, lot area, street right-of-way width and front yard setbacks are not required in this case to meet the intent of Crystal City Code Subsection 515.52, and are also not required to protect the health, safety or general welfare of the residents of the P.U.D., the surrounding area or the City as a whole. REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 8 Suggested Findings of Fact to Deny: 1. The proposed development is not compatible with the Comprehensive Plan and Crystal City Code Subsection 515.52. 2. The proposed development will have a negative effect on the surrounding neighborhood. The overall density exceeds the block to the east by 33% (6.0 vs. 4.5) and the blocks to the south by 54% (6.0 vs. 3.9). This difference in density is significant and will negatively impact the surrounding neighborhood, especially since the proposed development does not provide for common open space or other amenities to offset its higher density when compared with the surrounding neighborhood. 3. The internal organization of the proposed development is deficient for the following reasons: a. The design of the houses and the fact that they will occupy nearly all of the buildable area on the lots will not allow for expansion as residents' needs change over time. This might in turn cause problems for the community as a whole, such as more parking on the street, parking on yards, garages being used for storage space, and yards being used for storage space. The overall density and layout of the proposed development would only exacerbate such problems. b. The narrow right-of-way width will make snow storage difficult. This problem will be exacerbated by the fact that on 40' lots, half of that frontage will be used for driveway, thus limiting the boulevard area available for snow storage. C. On -street parking is very limited due to the fact that on 40' lots, half of that frontage will be used for driveway, thus limiting the curb length available for on -street parking to one per dwelling unit. d. The minimal amount of public open space (2,750 sq. ft. "Outlot A", plus a part of one of the ballfields) does not provide enough benefit to the community to justify the higher density, substandard lot width and substandard lot area proposed in the development. e. The lots along the south (47 Ave) and east (Zane Ave) sides of the property will have double frontage and will face inward. Adjacent properties across 47 Ave and Zane Ave will therefore have a view of the rear of the outer row of houses (front to back). This is contrary to the basic urban design principle of having the fronts of buildings face each other across a street (front to front). Any development at this location will need to better integrate itself into the surrounding neighborhood. REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 9 4. The proposed development is consistent with some of the standards in 520.09 but not others, as follows: a. It is not consistent with the Comprehensive Plan, because it is not compatible in layout and design with the established neighborhood. b. It does not create a harmonious relationship of buildings and open spaces with existing houses that have a visual relationship to the development. C. The vehicular and pedestrian circulation in the development will be hampered by the proximity and density of the buildings and the narrow street rig ht -of -way. 5. Other findings relevant to the proposed project: a. The requested deviation from City standards is out of proportion with the purported community benefits to be created by the proposed development. Without significant open space, wetland preservation or other public benefit, the proposed development does not merit the degree of deviation from City standards that is being requested by the applicant. b. The Planning Commission and City Council are not aware of any reason, other than the price of the land set by the property owner, that the subject property cannot be developed with standard single family lots on standard streets as described in Crystal City Code. The price of the land set by a property owner, and the resulting density the developer needs for the project to generate a profit, does not justify a reduction in City standards. D. RECOMMENDATION Staff recommends denial of application 99-4.1,8, a request for Rezoning from R-1 Single -Family Residential to P.U.D. Planned Unit Development, and Preliminary Plat for 60 single family lots to include lot width, lot area, street right-of-way width and front yard setbacks lower than the minimum standards in Crystal City Code, to be located on 10 acres adjacent to the northwest corner of 47 Ave N and Zane Ave N (southerly 10 acres of Second Addition to Glen Haven Memorial Gardens, P.I.D. 09-118-21-32-0028). In the event that the Planning Commission recommends approval of the application, staff recommends that such approval include, at a minimum, the following conditions: ❑ Approval of the Final Plat shall not be considered by the City Council until covenants and a development agreement have been finalized between the City and the applicant. The City Council may not approve the P.U.D. and the Final Plat unless it finds that the covenants and development agreement are satisfactory. Such covenants shall include, at a minimum, the following: REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 10 • All landscaped areas must be watered with a functional underground sprinkler system, which shall be the responsibility of the association and not the City. • The association shall provide for maintenance of all lawns and open spaces throughout the development except the existing ball field. • The association shall provide snow removal service throughout the development. • The association shall contract with a single refuse service to provide garbage collection for all properties within the development. • Because the availability of on street parking is limited due to the narrow width of some of the lots in the development, each property owner shall preserve space in the garage to park no fewer than two operative automobiles, and shall not use such space for parking inoperative automobiles or for general storage. ❑ "Outlot A" shall be deeded to the City of Crystal. ❑ The northwest corner of the site, where the ball field encroaches on the subject property, shall be delineated as "Outlot B" on the Final Plat and shall be deeded to the City of Crystal. ❑ Sidewalks shall be no less than 6 feet wide and shall be installed adjacent to the curb. City maintenance crews may place snow on the sidewalks when clearing the streets; the association is responsible for removing the snow from the sidewalks and shall not move it back into the street. The Planning Commission is asked to make a recommendation on the application for City Council consideration. The City Council will consider the Preliminary Plat at its March 16, 1999 meeting, and if approved will consider first reading of the P.U.D. Rezoning ordinance on April 20, 1999, and second reading and Final Plat approval on May 4, 1999. REZONING & PRELIMINARY PLAT - CEMETERY PROPERTY AT NW CORNER OF 47 & ZANE 11 �L P1 .LEGEND RESXMDMAL COMMERCIAL 1W tow Deasity ® Com Retail/ Service Affft ® Medkm Density ® Neigh Retail/ Service CITY a CRYSTAL ® Hlgh Density MIXED USE r-17 TRANSITIONAL '"'-" County Highway 81 MU 144W 0 INDUSTRIAL r--;71 Employment Oriented MU LAND USE PLAN Planned Unit Dev MU PUBLIC/ E-7 Town Center MU QUASI PUBLIC © PARKS/ © Cemetary OPEN SPACE L School %ft..e F Fire Station L Library M Municipal Facilities n O I Pubiic N11I uas I I I � COMPREHENSIVE PLAN FI 11 CURE ... y it 4_0. 657.79 P1a� a>• W Q W CRYSTAL COMMUNITY CENTER ADDITION CSd.lS �ojLtS� �i942� 60 ;24 4' 2 e • f5 ° J1 P 4 N ^� v ^ h� /74. 9 I p0' 5 ° S. A'91ro� 0. 11. Q' 2/bs n 59 `� X13 8DD. 74n H A (4516) 4 5—; 0 3 ) T' 8. 9 (411 67. C CC. oI Q 17 .4a 2 ,3�.1 OO• P o I9 CSd.lS �ojLtS� �i942� 60 ;24 4' 2 (3944 w • 5 ° S. A'91ro� 0. 0 5 n 134.5 13x.5 4512) v 8 mo.'s 134,; (4516) 6 .!5 Near IJZ,86F a, d'101�� 0 3 ) MQ^ 'n° `��1 W✓ �29�fISi865 (411 67. C G7.2C L7•�4 13 17 .4a 2 ,3�.1 OO• P o I9 V 3 1 I 41 (4888 M G1. a ' 67.5 ;24 4' 2 C. w cII 5 ° S. A'91ro� 0. 0 5 � 134.5 13x.5 6 8 mo.'s 134,; 134.6 t\ (4616) Near IJZ,86F a, d'101�� 0 3 ) MQ^ 'n° `��1 W✓ �29�fISi865 0) 67. C G7.2C L7•�4 13 17 .4a 2 ,3�.1 OO• P o I9 V °?ems Q O Q tip 30 30 97.58 17.58 60 0 loo 0 0 10 �Q _ W SECOND MEM .iAL GARDENS r 105 V .J ¢_ 4' 2 C. p 13 0 5 ° S. A'91ro� 0. SECOND MEM .iAL GARDENS s 48 th ao I 121 V G � 04� 136 r 105 V n 105 V ¢_ 3_ 2 C. p 13 0 5 ° S. A'91ro� 0. 3 IgS.o of j ! S�O3 8 � fie' W. 1 e� a�• W 49621 — 49GGGJ � 0 38.0 Z I 67. C G7.2C L7•�4 s 48 th ao I 121 V G � 04� 136 r 105 V n 105 V NI » v � 5 ° S. A'91ro� 0. JO q�8 W ° ° Q W D 211 (41) 3 Z I 14 � 13 8 (go3o� 12 ' V 3 1 I 10 024 0?6 05 1 105 6o l 105 1 o Go 60 85 30 C 5 ° S. A'91ro� 0. JO q�8 ° ° D 211 (41) 3 Z (.0 (go3o� �4020� V 275. .° Is (4eCo) W (4oto) V 2 /3 0 E 7 `, iO �ijOBO) en N 1 � e b o ° ° D 211 (41) 3 Z (.0 :. piv a l 215.5 SKELL` 275. k4al p 0> J 2/Ss 1 � e b `- SS •fo a 215.= AVENUE 3$-S/33sG_ ew; 135..°(6Oi 1 rl, 3e15.0e`6l C' mN / 3 5 Y1 ,13 0 n F6ZC!5l 1,67.5 135 96. tGiO} (Bd2o) ;.AAo\ 11n5 N15 7 CiF� " ! ^• I'L w l a ;�qp 41 (,t<' Lot Area RANK SQ. FT. 1 10,227 TOTAL NUMBER OF LOTS............ 60 2 8,760 3 6,006 TOTAL AREA OF LOTS .................. 319,194 SQ. FT. 4 7,287 5 7,243 AVERAGE AREA OF LOTS............ 5,320 SQ. FT. 6 6,901 7 6,901 MEDIAN AREA OF LOTS ............... 4,473 SQ. FT. 8 6,671 9 6,671 CITY'S MINIMUM LOT AREA ............ 7,500 SQ. FT. 10 6,671 11 6,671 12 6,471 13 6,452 14 6,319 15 6,116 16 6,096 17 6,096 18 6,009 19 5,971 20 5,540 21 5,453 22 5,418 23 5,409 24 5,301 25 5,301 26 5,301 27 5,301 28 5,171 29 5,162 30 4,508 31 4,438 32 4,438 33 4,438 34 4,438 35 4,438 36 4,400 37 4,400 38 4,400 39 4,400 40 4,400 41 4,400 42 4,400 43 4,400 44 4,400 45 4,400 46 4,240 47 4,240 48 4,240 49 4,240 50 4,240 51 4,240 52 4,240 53 4,240 54 4,240 55 4,240 56 4,240 57 4,240 58 4,240 59 4,240 BANGOR GROUP CRYSTAL LAKES CEMETERY ASSOCIA TION 60 4,240 PROPOSAL FOR 10 ACRE DEVELOPMENT SITE (47 & ZANE) Lot Width * RECTANGULAR LOTS ONLY RANK FEET 1 60 TOTAL NUMBER OF LOTS............ 48 2 60 3 58 TOTAL WIDTH OF LOTS ............... 2,166 FEET 4 58 5 58 AVERAGE WIDTH OF LOTS............ 45 FEET 6 58 7 55 MEDIAN WIDTH OF LOTS ............... 40 FEET 8 53 9 53 CITY'S MINIMUM LOT WIDTH......... 60 FEET 10 53 11 50 12 50 13 50 14 50 15 50 16 50 17 50 18 50 19 40 20 40 21 40 22 40 23 40 24 40 25 40 26 40 27 40 28 40 29 40 30 40 31 40 32 40 33 40 34 40 35 40 36 40 37 40 38 40 39 40 40 40 41 40 42 40 43 40 44 40 45 40 46 40 47 40 BANCOR GROUP / CRYSTAL LAKES CEMETERY ASSOCIATION 48 40 PROPOSAL FOR 10 ACRE DEVELOPMENT SITE (47 & ZANE) THE BANCOR GROUP, INC. 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 (612) 546-2625 Facsimile (612) 546-7321 February 1, 1999 Mr. John Sutter City of Crystal 4141 Douglas Drive N. Crystal, MN 55422-1696 Re: Concept Plan for Glen Haven Site Dear Mr. Sutter: Under separate cover you will receive from our engineer our proposed concept plan for the above site. Since we entered into a contract for this site, we have spent considerable time in evaluating the market and in talking to potential home builders and as a result have beliefs about what will work best on this site. However, because we are only at concept stage, we have not yet prepared plans showing many of the design details. In order to provide you and the Commission with this additional information, I have prepared this narrative and I would ask that it accompany our plan. As you are aware, this is a ten acre site. We are proposing to develop it into 60 detached villas. As ~" a result of our research and our experience there are a number of objectives that we are striving for: - We believe our market is the first and second home buyer as well as the current Crystal resident who is looking for a different lifestyle. As a result we are targeting home and lot packages will start in the low $130's. - We believe it is important to create a sense of community. A neighborhood that encourages residents to interact with each other. One way is to draw homes closer together. Another is to have the homes facing each other whenever possible. We believe that we can accomplish greater design control over the homes if all of the homes are built by the same builder. We are pleased to inform you that we believe we have identified that builder and that we will have at the Commission meeting some illustrative drawings showing the types of homes it intends to market for this neighborhood. At the same time we all agree that variety is necessary. Tentatively the builder is proposing four different floor plans with each plan containing two different elevations. The result is eight different looking house fronts. - We want to insure that these residences will continue to look attractive in the future. We intend to accomplish this in several ways: - All homes will be built with maintenance free materials. - Covenants will be filed against the property which will control how exterior spaces are to be maintained and will require the need for all additions or exterior changes to first be approved. - All of the yards will be sprinkled. - A homeowners association will maintain all landscaping and perhaps garbage collection. - We recognize that we are entering an existing neighborhood that has historically had the benefit of looking out onto an open field. Our goal is to create a design that provides some buffering and transition. - Finally while we want to create a neighborhood within a neighborhood. We also want this neighborhood to be part of the greater neighborhood. As a result we have intentionally not created the appearance of walls between the neighborhoods and we want to draw the existing neighborhood into this new neighborhood by creating an easterly gateway to the Community Center. Some of the specifics of our design are: In order for these homes to be affordable we have to be cost conscious. As a result, we have tried to reduce lot sizes. I anticipate that the homes will be two stories in height with a foot print of about 1250 square feet. At the same time we do not want the homes to appear to be jammed together. As a result most of the homes will have a generous combined side yard setback of 15 feet. A few homes may have a combined setback at the front corner of the home of less, but this will occur on pie shaped lots where the side yard setback widens as you move to the rear of the home. We want this community to transition with the existing neighbors. As a result we have elected to face the homes into the new development. The benefit is that we then can pull these homes further away from the current homes. This also means that the current residents will not need to look at driveways and garage doors. Instead each home abutting 47th or Zane will be no closer than 60 feet to the street. Additionally we will do some landscaping along 47th and Zane, although we do not want it to be so extensive that it creates an appearance of being a barrier. Because of the location of existing streets in conjunction with the boundaries of this site, we found it impossible to create a traditional grid street pattern. In addition, we determined that with a traditional street pattern we could not achieve our goals of providing the desired amount of green space between the existing neighborhood and this community. As a result we departed from the traditional grid street pattern. (This does however provide for some additional length of street.) We want to draw the existing neighborhood into this community. Our plan is to do this by creating an easterly pedestrian gateway to the Community Center, Little League Fields and Community Pool. While these plans are still being formulated, our plan is to create a parkway effect along the east/west road that enters the site from Zane. The plan would include site monumentation at the entry with significant landscaping. We would also construct sidewalks along both sides of this street along with additional ornamental trees. This would then lead into a 25 foot wide corridor leading into the park. Again we would expect that this walkway would be heavily landscaped. We are also exploring different types of decorative hard surfaces for this walkway along with some other type of amenities such as benches. - While I know you are aware of this, the Commission may not be, several of the fences from the park encroach on this site. While we believe we could have required all of these fences to be moved, we have agreed to allow to remain in place the ball field fence that crosses the northwest corner of the site. Again this is in keeping with our goal of integrating this community into the existing neighborhood. Finally, I would like to address why we believe this proposal qualifies for treatment as a P.U.D. 1. Section 515.49 of your zoning code states that one purpose of a P.U.D. is to address different types of residential uses. In this instance there will only be one use. However this one use is being utilized to meet different goals. Detached villa housing we believe, utilizes the best of both townhome living and single family living. Because of its townhome character it requires greater density than standard single family. In this application though, we are also proposing larger lots which are closer in width to the existing abutting homes in order to create a transition. Thus we have lots varying in width from 40 feet to 60 feet. I would respectfully suggest that this constitutes a combination of varying types of residential uses. 2. Section 515.32, subd. 1, (a) of your code states a P.U.D. is to be used to provide "flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development." While it is becoming more common place, detached villas are still a relatively new housing product. It combines the maintenance free lifestyle and affordability of townhome living with the privacy and identity of a single family residence. While we cannot prevent anyone from buying one of these homes to rent out, it is our experience that this is less likely to happen than in a townhome development and the likelihood of a purchaser buying one of the villa homes to rent out is about the same as it is for any other single family home. Another unique feature of this application is the inclusion of a community wide sprinkler system and an association for landscaping maintenance These are normally features of townhome living. However again to be able to provide this feature at an affordable cost, lot configurations are required that do not comply with standard zoning classifications. It has been my experience that in most cities the only zoning classification that provides this flexibility is a P.U.D. In consideration for this flexibility, we acknowledge that any approvals would include some general design standards for the housing to be constructed. This of course provides some real protection to the city and the neighbors in that they can be confident that they know what type of housing will be built and that the standards cannot be changed without City approval. 3. Section 515.52, subd. 1, (b) provides that another purpose of a P.U.D. is to encourage "housing affordable to all income groups". We are not for a moment suggesting that the villa homes will meet the affordability requirements for low income families However, as strange as it may sound, homes starting in the low $130's are increasingly becoming homes that the first time home buyer will consider. In addition, we believe that a portion of our buyers will be current Crystal families who either are interested in a newer home or are attracted to the maintenance free lifestyle. In order to attract this buyer, the builder needs to make sure that his product is priced at a price point consistent with existing homes in the neighborhood. As you are well aware, the challenge in meeting this objective is the high price that the seller was asking for their property. I realize that a legitimate concern of some members of the Commission and Council may be the feeling that it is not their role to help a buyer who paid a high price for a site. My response to that is that the Seller is a corporation that needed to be paid a high enough price so that they could justify selling the property instead of holding it indefinitely for future growth of the cemetery. I believe that it benefits Crystal to have new housing stock available. The challenge in a fully developed city like Crystal is to find sites to build housing on. In most instances it will require a change in a use and most often will necessitate the buyer paying a higher price for the land. The way the City can then help so that the finished product is affordable is through flexible zoning like the P.U.D. Of course in return, the City needs to make sure the design and construction of the homes is of a high standard and to be confident that the homes will stand the test of time. 4. Finally, Section 515.52, subd. 1, (b) of your zoning code encourages the "preservation of desirable site characteristics and open space..." Obviously the site itself does not have any unique features. It does though, abut your Community Center as well as established neighborhoods. For the reasons stated above we have tried to address these site characteristics through buffering and the creation of a new gateway to your park. We look forward to receiving feed back from both the Planning Commission and the staff when we review with you this concept plan. We are excited about this community and of course we are hopeful that the Commission will share this excitement and will make a favorable recommendation on this concept. In the meantime please feel free to call me with any questions. Sincerely David P. Newman President THE BANCOR GROUP, INC. 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 (612) 546-2625 Facsimile (612) 546-7321 March 1, 1999 Chairperson Planning Commissioners Crystal Planning Commission 4141 Douglas Drive Crystal, MN 55422-1696 Re: Groegan Park Villas Dear Chairperson and Fellow Planning Commisioners: When we first discussed our proposal you indicated a desire to visit similar communities. My difficulty is in locating developments where the product is selling at our targeted price range, yet the lots and setback are as large as what we propose. There certainly are villas developments with lots larger than what we propose, but the finished product is also significantly more expensive and accordingly the home is also larger. As a result I am unaware of any villa type development priced in the mid $100,000's that has lots as large as what we propose and with setbacks as large as we propose. However I am aware of two developments that Rottlund Homes has in the northern suburbs. While these two communities will provide a sense of what we are proposing, in both instances their lots and setbacks are smaller. For comparison purposes I remind you that our lots range in width from 40 feet to 60 feet, are 106 feet deep and have a minimum distance between buildings of 15 feet. The first development is Rush Creek of Maple Grove. It is located at the southeast corner of 97th Avenue North (County Road 30) and Brockton Lane (Highway 101). I have enclosed a marketing site map. (Please note that the product we are comparing to is what they call their "Village Homes".) I have also enclosed a copy of the plat. You will note that their standard size lot is 39 feet wide and 90 feet deep. Where their garages extend to the side yard, the homes are 11 feet apart. Behind the garage where the homes are pulled back a few feet, the structures are then 14 feet apart. It is important to remember that from the street, in almost all cases what you see is 11 feet between structures. The actual homes are 28 feet wide including the 3 foot offset caused by the garage. The second development is Christenson Crossing located at the southwest corner of Mississippi and University in Fridley. You will note that almost all of the lots in this development are 36 feet wide and 76 feet deep. These homes are 10 feet apart. At the concept review meeting there was a concern expressed about how these homes may look ten to fifteen years from now. As you aware, the villa home concept is fairly new in the Twin Cities. The oldest such community that I am aware of is Oak Cliff Ponds in Eagan. This site is located at Wildwood Street and Slater Road which is at the southwest corner of Cliff Road and Cedar Avenue. This plat was filed in December of 1987, so I assume that most of the homes were built in 1988 and 1989. It appears that the standard lot is 50 feet wide and 100 feet deep. I have talked to the Eagan planning staff. They cannot located the file that specifies the setbacks. However their recollection is that the distance between homes is a minimum of 10 feet. I believe that this neighborhood still looks very attractive eleven years later. Finally I have enclosed a site map showing the nine sites in the Twin Cities where Ryland Homes is �.- currently building. I believe that one of the benefits of our proposal is that all of the homes in this community will be built by a nationally recognized quality home builder. Appropriately you are concerned about the quality of homes that will be built in our proposed community. The best way that I know to reassure you is to encourage you to visit any one of the communities where they are currently building. I wish I could direct you to a site where you could see exactly what we are proposing. Unfortunately that is impossible. I do hope though that the sites I have described give you an idea of what our design calls for, but with larger lots. I look forward to further reviewing this proposal with you on March 8th. Sincerel I David P. ewman President FEB -25-1999 15:57 RYLAND HOMES 612 854 6634 P.01i01 Twin Cities I . 2. 3. 4. 5. 6. 7. 8. q. The Vistas Savage ..................................................... 445-4035 Hunter's Run Chaska ................................................. 361-6332 Hidden Meadows Single Family Homes Maple Grove.......... 559-2140 Hidden Meadows Townhomes Maple Grove ..................... 416-3646 The Villages at Cedar Isle Apple Valley ......................... 431-2452 Country Creek Estates Lakeville ................................... 469-1017 Meadowoad Village Burnsville ..... 707-9241 Awc bkou"e to 0 WPQMWM B R O K E R S W E L C O M E G ewe► �, America's Homs Builder 111;;CP xatYANT 20 CURRENT AS OF'/14/97 1 ©COPIRIGHT 199'7 1 ' 1 it - ARTISTS CONCEPT ONLY. RO�j L T TNT\ THE ROTTLtiND CO�1P.tN1. 1NC. DLN BLIIDER LICENSE # ]335 SEE BIILDER FOR ACTUAL DETAILS ON U 1 ■11■ >L. FL")OR PLJLNS .,LND ELEVATION- AP.E THE EXCLUSR,R PROPERTY OF THE LtNDSCAPING AND PLtNS FOTTLL'\D COSIP.4Nl'. IN,--. COPlRDH EDEPNGCO T HT LA RESLLTON j T�\� �( TM t'` DEY FEDEA_Yl COPIRIGHT Lou' EQUAL HOUSING HOMES SMEEI 2 OF 5 SHEVS SHOwfi 1HUS. 1 1 F L 1. -LIL-I %-A LJ V l l V V 1`! l.t �.f %—/.L vA—J (C.R. DOC. N0. R7 7 0 2 3 7 1 1 w►T'''�A A 5�.- N oN Ia , 1—•e ° .. _ - - . - r �� _ MATCH LINEA I - - Sa- �-- - - - �- - South One of the NorM 74204 Net of tM - _ - (Sm swo S of s Sh..W eo. y w 1/2 of the SW 1/4 of S7. T.119. R.11 .... - •� ".. �a a \ \ - _ _ 9 5 feet n w;dth, and odjoininy , Q ��w� t})• - \ lines as shown on this plot ! • - 0 , '. �' _j`=?O• .1 • ssotherwise indicated, and / "4 + .. ! Oenotq trap menlerwlt foletd. '.: i _� `/ South One of the North 74204 Ml of the feet in width and adjoining Oenot4e.1%1 Yw41 ppyy l4 slch Von-monument ,+ t ? :W t/2 of }1N Sts 1/4 of Sec7, L11A F.22' t of woy tinea unless otherwise ; - _,� Q .. _ . •set ono merlled wF6 atxrw nvnber 14Di/ ; 0 u f !'�i / S)Ty . _oted on the plot. f S89W42�E .4W '; Sop'2f'ta-w I s3 .'� N89'30'42�W _ (Not to scale) 272.25 •EXCEPTION �' BEARa1G5 ARE ,►SSIR/ED ^ • � ��0�'4 /^� * dP `t).t•' _ '�" i o' 185.00 i L''ri LAND t D )I 33 ; ; " 59.26 1 167.84 7S?- E` 7236 54 r ; _ /T .T % _ - - - QTS �9 ',2 25 3 �; �;bb ,�j� 0 0 �3_-4J.►/� p i' R `2�__ A.-'ti7:i'T9- R �'� R16�< �,,',-MAT�H«L•A - -'. $'�•.'\� `?'�`'.. �'/ 8-nH `.\� (JUTLOT B/.,1,1; 's3" a i ,¢ O 6� , ab .4t� ctp i — — — 4 SQA" —1 g n-43a se rx vqt • w a''0- "`'�44 / �o t � g / Ys 77. 11-E �' .►Yi � �1 airy $ .,� 3'2 L *� . 4� T2e1 ,12 \ \�'0 F ��+�•15 ` fit, \ '�� g 8 ':o I 8 Sed '4; � t 1.1� 133A0-�`4� r )I�% `�i "..=N� 8 / ''n t" �j\ ,C `,�',t�. A. 4f' �a.♦ ' • YY r. ^� �7•f 91 •� � 'fi✓� �".. � to �� g� it'. / � ��:.. \\ � M� of �` Y17 .f, .-� 4i ��' ..tts - �' , � , .}3`" -s .yocA � ��.�\ � " •o, .v. 4T .r�r" , lt3': 9? x � i �° � .� �' t '(' ?� ` d. \ - �i - `� epi' e ' •16 0 , . �.00 s� Y� •79.0o a �' � •o,'• � � . 1 _ :, `` � sa9'3r � \ e* ' ' �.\� J C►• b.F. ' `,`� , . •y ,. � t „'"'64 . � •� " . 18 y2 0 , , /��51 . SSesSY07E d �•` f " �tJK �/ �/ l\S� ,�a�2iE \` �\ R. 1 _ Ze,d oIa 70�, sa 8'SD�OrE °10 Tttlta�.y i► �� °� �. /•his''„ s a1'< yti ��+ a�pri i I\ , •� �`. I > 0.1�.Jio_-0 .w ��. ,:;:: ` 4• ' '►$a i $ t �.7r; ,'40-t[ I •ii 22_5 17z " 3+.es ,9\•� '.::: 'c \� 2 j4 8 :E 1* . h ssoo �' p n,�'goaP t Ne i6o7w S'4 1 .� 20 j tsi o 417 "41 •.: C� : I . - n g4 ?�' 1• al . p•dr 1:y5�` o SM _ V ne IIIYYY ' : `ii75`y'b �? �•` / -.; ..'. \N29'13'ofl'E •: / �( fV V.- ': i :,: •'�.J. \ - u �'�O•`- ': .I�1 / ' s .I .. t . \/7-.•. s 4 I -toss. 3io7t a- $•N. s �° 1 1 S'�►�i ` I^ w esY n �-•�'�-� — - --.� �» 00 _ \*3•y \ Sj I i t �\ qui eocp a���73a't6 �� �•.es. r°a t i�'i I: s f � f 0 1 N ,c e..e1 J-- 1 — •` ., �•�\ s g .. '• �• �F. . , ji � � tr - +�sessss� I � � 1 O o,; 4 .i e t s9.n� ss997 0 \. ,• . 1 1 I .. Ni1� n — \ u oa.� 1 : Se33Tss 39.W , /9 1 " •(� _ 1 1 , a'a 8 ---.1 g, U '� I ash ' ` k?•° _ \�% :: �r `. . 1 �^ ,°0 8�- +�\ s j „$ % - -" , 1 3900 39.00. +o oh 1.: ,� s s a ,. '� . 38.°p , 1 - 9, - 5► t.. �' � � � - ' i :. ,\ .N �9�.. �..��/ k•a " 2 ,,�..•tt 1f� s` ". „'s,. _ ., 1` ! �` % �l,/. .a ?� i \ 1�.\ sb`.p�wry I.. , a W i't vep I„ ww_77 x 8 inz .� , . s \ . , A drb , r� t so?>' I^ til ' �r i _'��Ni•z9I�u ' \ L'\ /$ , 1�,,_ y t e $p i • 8 *frF \. \`}' 24 ^•y'' �` .1 / _ _ ., \ _.,.'�„ - _ -tti•J f�' `-r , ► •-' 47 �, I y :. ? 'n ,a. .. - \ • • ♦ \ .' . 1 - .:'; 77 .• e ..,r—. .. j T�q � . \� .e *° I' _ �.i - ' '\ t7rf ti..�' �l. ill �8g2'4, -•>!� . •' ��. X'.. ,.� �. a .�-~/ : `. \ t tom-_ -2f 5.15 -� _ T :7 R._ -i- Na99421 azo ., s , < -':':i' ' �, , s693iz1t 51,6 e' �1 i unum j C Y/. w DRAW \ 1 . Ss' a I .• 1 58 . i \'• 59 gIi• 14300 1 y ` e , . S_ , , \ I, I ;t ;y o. 7654 / ! - _ VU ILU1 9O A ♦ - --�. -...t ' 581...•%-r..... , 1 - ♦ _ ♦J is �e �ti xl I �o�. ^a', . a 1 , •�, ,i +o ; 1 / 1 • �../,. ' - \ u $. >Ei l 1 a , S ; -4to�. . a p a\_" \ nl .r +� I Sb: y, +: :I let 1 � �"� % ° �`, ` 112+-; 13 � \ \:'. 9' 68 . \._ g '"3 wo5zs 4a'e ; SC $ . 9 ... / .. •. s'r 446 \ \ 1 1 �_� Go.00 3t.60`.`, 1- �`3. `, ,l •'t .. ` ,% i./ 4' \ +.. a' ? ♦a1 ``--� .. ,.. '$j. Se291'y"E' Y" i 7413 9aa �i � ,. ,� I •' 1 I . ''. ( '/ . �/ /• r / 1 \ .b \ 4,�'\ I �iia4000 ' VA SSG z2�7-r'M! e� � � -' 1 1' �ypC, 4 . `./i //0's` �i„ � q �• �'!'' ----� J' 23.5172.3 y ' a2Y°10� P•j952 / Ne25X49'w7226'45 / \/ 176 - WA 71m Q R 19414R`,�, D +' 125.4 ► geS \ �``', :` \Q„ ' _ �4d° 121.22 V.�` /2\�: �.�.•s , � Y GrRAPHIC SCALE t+ . _ -- `=" MAIi0ff IE j r ► t, T r - • s s —In s (Sm Shmt 4 o/ s _ . uwsu.[ .RCV C16 (2..186.00 , ¢- - - - SHEET 3 Of S SH L N 89 *58 30' W CHRISTENSON CROSSING MISSISSIPPI STREET N 6rt tY,Tp. W ti -167.27_ N 67'1J'12' W S 459152"14-, W n as .+v w n CITY OF FRMLEY COUNTY OF ANOKA CHRIS GN DETAIL B NO Si:MF 1A t �flw :,, W � 1 1D 8A FAID 4Zl49'FT 1 (SF 1 CLIFFTC I i♦ i w 40 20 0 40 so 120 SCALE IN FEET 1 INCH - 40 FEET O� 7 Of? FV R n,IE PUM>=S OF nus PIAT, 7HE NWTH LONE OF 2 IW NQRMIEST OVARM? OF 7W SOUMNEST QUARTER OF SEC710V 14 IONNSW JQ "WE 24 /S ASRUED TO BE4R S 0*46'0a' E • DIN07M PON MCMA49VT FVUW O DENOnS RON AICAU ENT SET OR m BE SET W • I ♦� Ir I , i _ L. I ♦ . Y C A00,4 -X Z7' t ,. CHRISTENSON CROSSING MISSISSIPPI STREET N 6rt tY,Tp. W ti -167.27_ N 67'1J'12' W S 459152"14-, W n as .+v w n CITY OF FRMLEY COUNTY OF ANOKA CHRIS GN DETAIL B NO Si:MF 1A t �flw :,, W � 1 1D 8A FAID 4Zl49'FT 1 (SF 1 CLIFFTC UHM kaLir r 1-90UNU 0 VICINITY MAP No SCALE e i 50 16* ">r \ SCALE IN FEET Denotes Iron Monument Found ?s �i �/[. •' o Denotes Iron Monument Set p siJ fid` jy The Northerly sloe of OUTLOT C Is ossumed to have o bearing of r• \ \ N77'I5'3r E M C R ti0 � :? 4. 00 OUTLOT AN 12b) wrj c ?ti ,0 Nt0•os'4d"E �1 %$9 O % X103w.AO 9 :� A.SL'.fd'SO" P Y J p'� Ad•2S ♦ (1 /� Y O g 8;0 C O O � r�• � , ' M 102.0 • •. �a o�q N66•N_12 • N-4o'E 4 iq, ! b 439 OUTLOT io A l! N89•20'W i� 0� IZ • i i 118.30 v 9�� --A7 3 17 rr so.00 33.aa = Ixle � sweatA va �s o filets ` IS do4 15 oo°0 14 4+ 13 .Z sR �� ° . . � w C �W saoo saoo SOL 00 loans 1W8e•10 e.oe OUT A Nm 'w N89•S4'w 18,.12 4, ;0 F2. es $0.00 50.00 4a.2e 2C 2J 1V77-4 jw 3 �s CO 0 '9.25 3 T , °W 4 6 0 m S °o o d ° o c 1 o a °° 2 " 2 0° M * r, rOrainaga ( Utitify �t e° n 1 ° W ' sa oe sa o0 2-07 r �• _ %^ye { util efryy 11 c } �w.sf { S3.o9 JIM i[gr89'34'W N 42'OT' 1c i o_ •pis' 114.85 OUTLOT • R, H'riey M77•' Iaod 2470 24.8 S'a 32 31" a l 28A7 rage /2 L 99w 349 •7 � o c •_- — -- i"'fie b 4 + o a dei J � 9 x ., �t 5 ao 4 ° 3 r 2 •i � _ r 1 r\%t Orsieeye 1 Vtilify Essewent saoo saa2 s 4 KNOW ALL PRISONS BY TSESE PRESEMTS: That Drut7 AK CIO and proprietor, and First Wisconsin National B sotVages, of the following described property sit Oudot C is OAi CLIFF, according to the K" cawed the same to be survo7*d and platted a1 P45 public for public use forever a drainage, and util the sasements as shown on this plat for drainage e In wettest whereof ig said DaCompanies, Inc.. presents to be signed by WallaceWalaT. Jobaton, Vice 1987. In witness whereof said First Wisconsin N+ association, has caused these presents to be sigz this _NA day of Q`,gruj&C_ . 1947. BRUTGER COMPANI . -jut Wallace T. Johnson Vic* -President STAT! or NINNESOTR COUNTY OF .`Yf' Qjaj jr The foregoing it was ackna ed *d before no this t day of 1987, by Wallaeo T. Johnson. Vice -Psis eat of Brutger Companies, Inc., a Ninnosota corporation, on behalf of the corporation: r A.. Nota leo. a�sq s� My commission ixopir:; I�l !% � The foregoing';, aaktowl"gt4 bete" no this . day of 1987 by , of first Wisconsin National Dank of fa.1wouk a national banking association , on behalf association. , Mota&T Public, .W Count ., try Commission uyir, I hereby certify that Z hav* surveyed and platted the property described = this plat as OA: CLIFF POND,' that this plat is a correct representation of the aurvey; that all distances correctly shown on the plat in feet and hundredths of a foot; that all monuments have bear. correctly placed in the ground et shownt that the outside boundary JJA*,l are correctly designated on the plat; and that they* are no wetlands or public highways to be designated than as shown. lodneyll. Halvorson, Land Surveyor Minnesota Registration No. 14947 STATE OrSoTk COUNTY or � The foregoing Surveyor's Certificate was acknowledged before no, this u'day of AA6, 1987, by Rodney N. Halvorson, Minnesota Registration No. 10917. DIANE S. HALVORSON .oue 1nuc-.a14teb0?A � �• Sor+-� e: """'nY cournr Notary Public, _ u+,s�T County, Minnesota "'� NY Commission Expires 7-34-9_s We do hereby certify that on the �_ day of Q •r 1987, the City Council of Sag Minnesota, Aap,,proved this plat. f� &A= - 44d.4z Mayor ! Clorkgr Pursuant to Chapter 114, Laws of Minassota 1973. this past has bees approved this /8 -YO da of D9c4y%%aaa , 1987. Gary N. Steve". Dakota County Surveyor I hereby certify that the taxes fora year 1981.for tho 1 d*scribed an this plat as OA: CLIFF POND have been paid on this __ Iwa day Of , 1987. elL County Treasurer Dakota County, Minnesota No delinquent taxes day and transfer entared this Lj� day 'ofd 1987. t // j Ate //ff County Audit Dakota County, Minnesota Document Number _1gAS2?L 1 Certificate Number ?')S;R4/ 1 hereby Corti t this ins ,r,u,.me._n� -wa_s filed in fico of Registrar of Titles•for record on t", d.A ztc�. 19112, at�o'clock eek , and was duly recor /n A—* ^'deo . •. , SCAM0 200' 180=01-30� •�-� 657.7 624.7 �I s,• I �S' i CRYSTAL 0-_0 � sll 67 N \ OL UJ 9. 6 0ui , V N •^ COMMUNITY ••h� s , 3 Z cX \ w UJ 9. I 7 a 134,3 134.5 0 6 $ �. 134,5 W g0•h 30 30 n NT Ria m (4512) v T 4 (41'0� W CD cG..1s D�1 z 15Z. 01 nI a\ N nr r \ LL go N SECOND CENTER ° i lab 5z 1�33o5 6 s 4III 8 .to h ADDITION 9 _14_-:3 12 - 11 10 e _ 105 p - a 2 1, g 2 8 3 a 4 a s a 6 e 7 a w , Pw x A ounaT A - W m0 �s eI a 14 a' 13s 121 11g ro®..-tl a 6 t > s U)16 \ 624.88& ,r _ a 174 Z .�GIQ� 1 V 83�7j5+9o3a? 237 1� _ �O „i r _ 4 n 134 1� V '� .fir 1^g2 a9 g4 85 86 a7 S x 7s, s QJFIoq¢ \0 �_ /74. s 14, 4 C7 67 fs. 19 2e.ee P 216s _ 7A T4 ST S Li 8 H AD!D. 6 C 16.01 Q -16A q 4 �� p II ° .6 � �'r ,e, «o £ 3D �,o �, '� Go --- Q -SAVE. 5 ° a a� ?S i 105 10---25 164 L105 -L ...:... 41 jo t- 57. 1 v1a+ -' V,.. t 67Z4 7Z7.Z441 = 40 3 �i942) cX .4 C7.Z4 6 .ZG 5 I 7 a 134,3 134.5 0 6 $ �. 134,5 `3�� (3946) n n NT Ria m (4512) v T 4 (41'0� (4516) It �¢i4�i cG..1s 67.2 vl 15Z. 01 its N nr r \ 34.9 (d90i) M h � X391) (4888) N h 33.5 Go --- Q -SAVE. 5 ° a a� ?S i 105 10---25 164 L105 -L ...:... 41 jo t- 57. 1 v1a+ -' V,.. t 67Z4 7Z7.Z441 = 40 3 u11 cX .4 C7.Z4 6 .ZG 5 I 7 a 134,3 134.5 0 6 $ �. 134,5 n NEsr /37_86S m NT Ria (4962` N Ni929�£ Isi eG5 4 (41'0� N It �¢i4�i T C�133 j r 67.2 vl 131.8 � I IS4.•f \ 34.9 a0 I ?o Ni w ';5.01 k.."b q .5 be_N c 3 I 9 -917 ,o- C. 188.0 , x (4962` N (496G� 67.2 135.0 O 40 �j G o 6 o d q 30 ' 71 -al 7184 71•to ea •� N ^ ^ V to t 1 ,� v 00 J5 mol (4030 , V LLI �40G:o1 /40501 /3 � 21tl5� 0 ash. Q o (4070 Sl 1 1 N 0 06-nlid- � 215.5 pro 1 785 0 0 ---- AVENUE " l35.O{s ••860.4 • �� yN, :JGrOi (88201 ,j 135. ef. !35 /35 n ` m ^ ' 67.5 67.5 135! V ^ 96.75 96.75 +, .7 417 ^ _+n1 1 ..nl _ o n�(�l 1 IA20' r .x.1110\ IY1 ne0�1 u .1 ._.ellob l 0 w tic 301 C I th 36.12 PAIR- A". a O 30 U \oo S.Fw9L 1 �11° W 1611 qp L7" 233.17 /740 04-00) r:I`N O s 89'1f 10'E VI ocrsr''� c�ecr NO.V F /0&55 7o n u.6s' '/O o W� pL ---+ — — � r- r -- I Ll - ---1--J Li ---LR � Ll--� ! II-- vl H --I II-- -4C. c: \ \ 0a L1 o o o $+ {L+J: �- L_J� log— — JJ 71 $ N I 081Z'ec L --- - --1J I $ N + S !$ -'� ? I$ 25 25 » LI » LLW _ J L—J'-108--1J j + L !, S w 29 40 40 40 40 40 25 �> 1 � I IK/ the E I/7 0/ 1 d t SW 1 m M. M f 0 , !/4 d See. 9 \ �• ---+ — — � r- r -- ---� Ll - ---1--J Li ---LR � Ll--� f -- —1J II-- vl H --I II-- -4C. c: \ \ 0a L1 o o o $+ {L+J: L---L— L_J� log— — JJ 71 $ N I 081Z'ec L --- - --1J I $ N + S !$ -'� ? I$ 25 25 » LI » LLW _ J L—J'-108--1J j + L !, S w 29 40 40 40 40 40 25 �> u --102. m ('------ --J H is I r u115--- 1-- ,076:Q�" I T-_ N_ IJ :n S 1 _Js LL_---L—J L— —I a J � $ $ cn \a Ll - ---1--J Li ---LR � Ll--� f -- —1J /--� 101 ---� �+ 106 r--------� I� —I r� -- --- r ulnas --r-, I $ �a'I C y o o $+ a L---L— J L_J� log— — JJ $ N I —; T- L --- - --1J I $ N + S !$ -'� ? I$ 25 25 » LI » LLW _ J L—J'-108--1J j + L —+ I w S w u --102. m ('------ --J H is I r u115--- 1-- ,076:Q�" I T-_ N_ IJ :n S 1 _Js LL_---L—J L— —I a J � $ $ cn I s � s-► Is Ll - ---1--J Li ---LR � __1—� t__Lps_toe--� zs 25 i r ulnas --r-, I $ �a'I F-T-----T� I I$ V -J + $+ — --- ----,°a— — -- �_ �----126=�=J >•2.zs� i� ) N 1A,\ 37 58 58 a+c;0 / — — / L — + J I L _ — C7---- L—___J L—__—J LANE — 60 — 80 } — so ,A � E - d 5£a0H7 A0aeatl M f �i QFN HAWN�,:W0gS I � a fA I 4 u u1r I � � rYG tan w eo eo 60 AI.P.C. C.S.o. I Mt A DULY Rix UNMA 111E LAMS CHECM M.P.C. I I 25 125 40 r40-� r40-'1 r40--1 —40-� r-4 � r - r � r' I I I I � I I i t I I I + I + J { I (- I I- J { I $ _l I N 1 I CA3 I A I I i i I MCI) y i I I f- -f V -a - - F- _J L__J LJ L ---J L—_J L— ` { 40 40 40 40 40 4T J N ` N 105 yy.y 1 —=' --- S I w I .�-I 25 25 117--- -1 L= ----1J I U U r I 25 I 25 53 1 �" 7. // l I i t I I i t I I I l a I I N i N N + I r { I I ! ! I I I I i f l I — R— —a L ---J L ---J AVE -T- s N. — 1-60 _40 I— —63.80 \�--E All. d . E 1/1 1, �i fhs�SK 7/! ar fine p � 1 pp g N. 7/{ or S"c 9 ami � rI m 60 �60 � 83.6o J o a eu'"t W. M. 505919 ph: ma. mact4m Fvc: 602-9,571 In so 0 so 100 150 Scale in Feet THE BANCOR GROUP C/O DAVID NEWMAN 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 Drainage and Utility Easements are shown thus; ALLOMED PROPOSED 5.00 HARD SURFACE COWWAGE SOX 4 -TX j —5.00 o FLOOR AREA RA770 0.5 0.27 I I � — — _ --� L _ _ _ — _ TOZAL AREA All =0 ACRES denotes binding setback !!re Being tan feet in width and adjoining right Fent - 20' of way lines, and being film feet in width Side - 5' and adjoining lot lines, unless otherwise Rear - J0' indicated, as shown on the drawing. VICINITY MAP I x ';D_FT�1___ ___ t a' aa N FMPQ°CSED PACPEIMIY Q':�ravilQv A V N `^ 7" south 7 84 16rt of an &=tHdr of rm thwort wr kvQuof tine AAx6hnrest Oiol7 of setae» > 1� i SRR;, w I� A TewsrA¢ 118, Ranp. n /lrnlarpti Gbur!% Wwrewt4 abe ?sig 2, a part of dw Heard pkt of hj 1+ SECOV AQ[M77QY 717 GUN HA A03PO L GARAM saopt 47th Awwws AAatA and l Zms Awwwm as abs WW on sW pW of SE•CCAV AOLYAQV TO GUN HA MV 16fl� aMam GROGAN PARK VILLAS THE RANCOR GROUP CRYSTAL, MN PRELIMINARY PLAT 1 OF 4 98573 1/21/99 S 1 _Js LL_---L—J L— —I a J � $ $ cn I s � s-► Is Ll - ---1--J Li ---LR � __1—� t__Lps_toe--� zs 25 i r ulnas --r-, I $ �a'I F-T-----T� I I$ V -J + $+ — --- ----,°a— — -- �_ �----126=�=J >•2.zs� i� ) N 1A,\ 37 58 58 a+c;0 / — — / L — + J I L _ — C7---- L—___J L—__—J LANE — 60 — 80 } — so ,A � E - d 5£a0H7 A0aeatl M f �i QFN HAWN�,:W0gS I � a fA I 4 u u1r I � � rYG tan w eo eo 60 AI.P.C. C.S.o. I Mt A DULY Rix UNMA 111E LAMS CHECM M.P.C. I I 25 125 40 r40-� r40-'1 r40--1 —40-� r-4 � r - r � r' I I I I � I I i t I I I + I + J { I (- I I- J { I $ _l I N 1 I CA3 I A I I i i I MCI) y i I I f- -f V -a - - F- _J L__J LJ L ---J L—_J L— ` { 40 40 40 40 40 4T J N ` N 105 yy.y 1 —=' --- S I w I .�-I 25 25 117--- -1 L= ----1J I U U r I 25 I 25 53 1 �" 7. // l I i t I I i t I I I l a I I N i N N + I r { I I ! ! I I I I i f l I — R— —a L ---J L ---J AVE -T- s N. — 1-60 _40 I— —63.80 \�--E All. d . E 1/1 1, �i fhs�SK 7/! ar fine p � 1 pp g N. 7/{ or S"c 9 ami � rI m 60 �60 � 83.6o J o a eu'"t W. M. 505919 ph: ma. mact4m Fvc: 602-9,571 In so 0 so 100 150 Scale in Feet THE BANCOR GROUP C/O DAVID NEWMAN 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 Drainage and Utility Easements are shown thus; ALLOMED PROPOSED 5.00 HARD SURFACE COWWAGE SOX 4 -TX j —5.00 o FLOOR AREA RA770 0.5 0.27 I I � — — _ --� L _ _ _ — _ TOZAL AREA All =0 ACRES denotes binding setback !!re Being tan feet in width and adjoining right Fent - 20' of way lines, and being film feet in width Side - 5' and adjoining lot lines, unless otherwise Rear - J0' indicated, as shown on the drawing. VICINITY MAP I x ';D_FT�1___ ___ t a' aa N FMPQ°CSED PACPEIMIY Q':�ravilQv A V N `^ 7" south 7 84 16rt of an &=tHdr of rm thwort wr kvQuof tine AAx6hnrest Oiol7 of setae» > 1� i SRR;, w I� A TewsrA¢ 118, Ranp. n /lrnlarpti Gbur!% Wwrewt4 abe ?sig 2, a part of dw Heard pkt of hj 1+ SECOV AQ[M77QY 717 GUN HA A03PO L GARAM saopt 47th Awwws AAatA and l Zms Awwwm as abs WW on sW pW of SE•CCAV AOLYAQV TO GUN HA MV 16fl� aMam GROGAN PARK VILLAS THE RANCOR GROUP CRYSTAL, MN PRELIMINARY PLAT 1 OF 4 98573 1/21/99 LANE — 60 — 80 } — so ,A � E - d 5£a0H7 A0aeatl M f �i QFN HAWN�,:W0gS I � a fA I 4 u u1r I � � rYG tan w eo eo 60 AI.P.C. C.S.o. I Mt A DULY Rix UNMA 111E LAMS CHECM M.P.C. I I 25 125 40 r40-� r40-'1 r40--1 —40-� r-4 � r - r � r' I I I I � I I i t I I I + I + J { I (- I I- J { I $ _l I N 1 I CA3 I A I I i i I MCI) y i I I f- -f V -a - - F- _J L__J LJ L ---J L—_J L— ` { 40 40 40 40 40 4T J N ` N 105 yy.y 1 —=' --- S I w I .�-I 25 25 117--- -1 L= ----1J I U U r I 25 I 25 53 1 �" 7. // l I i t I I i t I I I l a I I N i N N + I r { I I ! ! I I I I i f l I — R— —a L ---J L ---J AVE -T- s N. — 1-60 _40 I— —63.80 \�--E All. d . E 1/1 1, �i fhs�SK 7/! ar fine p � 1 pp g N. 7/{ or S"c 9 ami � rI m 60 �60 � 83.6o J o a eu'"t W. M. 505919 ph: ma. mact4m Fvc: 602-9,571 In so 0 so 100 150 Scale in Feet THE BANCOR GROUP C/O DAVID NEWMAN 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 Drainage and Utility Easements are shown thus; ALLOMED PROPOSED 5.00 HARD SURFACE COWWAGE SOX 4 -TX j —5.00 o FLOOR AREA RA770 0.5 0.27 I I � — — _ --� L _ _ _ — _ TOZAL AREA All =0 ACRES denotes binding setback !!re Being tan feet in width and adjoining right Fent - 20' of way lines, and being film feet in width Side - 5' and adjoining lot lines, unless otherwise Rear - J0' indicated, as shown on the drawing. VICINITY MAP I x ';D_FT�1___ ___ t a' aa N FMPQ°CSED PACPEIMIY Q':�ravilQv A V N `^ 7" south 7 84 16rt of an &=tHdr of rm thwort wr kvQuof tine AAx6hnrest Oiol7 of setae» > 1� i SRR;, w I� A TewsrA¢ 118, Ranp. n /lrnlarpti Gbur!% Wwrewt4 abe ?sig 2, a part of dw Heard pkt of hj 1+ SECOV AQ[M77QY 717 GUN HA A03PO L GARAM saopt 47th Awwws AAatA and l Zms Awwwm as abs WW on sW pW of SE•CCAV AOLYAQV TO GUN HA MV 16fl� aMam GROGAN PARK VILLAS THE RANCOR GROUP CRYSTAL, MN PRELIMINARY PLAT 1 OF 4 98573 1/21/99 N ` N 105 yy.y 1 —=' --- S I w I .�-I 25 25 117--- -1 L= ----1J I U U r I 25 I 25 53 1 �" 7. // l I i t I I i t I I I l a I I N i N N + I r { I I ! ! I I I I i f l I — R— —a L ---J L ---J AVE -T- s N. — 1-60 _40 I— —63.80 \�--E All. d . E 1/1 1, �i fhs�SK 7/! ar fine p � 1 pp g N. 7/{ or S"c 9 ami � rI m 60 �60 � 83.6o J o a eu'"t W. M. 505919 ph: ma. mact4m Fvc: 602-9,571 In so 0 so 100 150 Scale in Feet THE BANCOR GROUP C/O DAVID NEWMAN 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 Drainage and Utility Easements are shown thus; ALLOMED PROPOSED 5.00 HARD SURFACE COWWAGE SOX 4 -TX j —5.00 o FLOOR AREA RA770 0.5 0.27 I I � — — _ --� L _ _ _ — _ TOZAL AREA All =0 ACRES denotes binding setback !!re Being tan feet in width and adjoining right Fent - 20' of way lines, and being film feet in width Side - 5' and adjoining lot lines, unless otherwise Rear - J0' indicated, as shown on the drawing. VICINITY MAP I x ';D_FT�1___ ___ t a' aa N FMPQ°CSED PACPEIMIY Q':�ravilQv A V N `^ 7" south 7 84 16rt of an &=tHdr of rm thwort wr kvQuof tine AAx6hnrest Oiol7 of setae» > 1� i SRR;, w I� A TewsrA¢ 118, Ranp. n /lrnlarpti Gbur!% Wwrewt4 abe ?sig 2, a part of dw Heard pkt of hj 1+ SECOV AQ[M77QY 717 GUN HA A03PO L GARAM saopt 47th Awwws AAatA and l Zms Awwwm as abs WW on sW pW of SE•CCAV AOLYAQV TO GUN HA MV 16fl� aMam GROGAN PARK VILLAS THE RANCOR GROUP CRYSTAL, MN PRELIMINARY PLAT 1 OF 4 98573 1/21/99 U U r I 25 I 25 53 1 �" 7. // l I i t I I i t I I I l a I I N i N N + I r { I I ! ! I I I I i f l I — R— —a L ---J L ---J AVE -T- s N. — 1-60 _40 I— —63.80 \�--E All. d . E 1/1 1, �i fhs�SK 7/! ar fine p � 1 pp g N. 7/{ or S"c 9 ami � rI m 60 �60 � 83.6o J o a eu'"t W. M. 505919 ph: ma. mact4m Fvc: 602-9,571 In so 0 so 100 150 Scale in Feet THE BANCOR GROUP C/O DAVID NEWMAN 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 Drainage and Utility Easements are shown thus; ALLOMED PROPOSED 5.00 HARD SURFACE COWWAGE SOX 4 -TX j —5.00 o FLOOR AREA RA770 0.5 0.27 I I � — — _ --� L _ _ _ — _ TOZAL AREA All =0 ACRES denotes binding setback !!re Being tan feet in width and adjoining right Fent - 20' of way lines, and being film feet in width Side - 5' and adjoining lot lines, unless otherwise Rear - J0' indicated, as shown on the drawing. VICINITY MAP I x ';D_FT�1___ ___ t a' aa N FMPQ°CSED PACPEIMIY Q':�ravilQv A V N `^ 7" south 7 84 16rt of an &=tHdr of rm thwort wr kvQuof tine AAx6hnrest Oiol7 of setae» > 1� i SRR;, w I� A TewsrA¢ 118, Ranp. n /lrnlarpti Gbur!% Wwrewt4 abe ?sig 2, a part of dw Heard pkt of hj 1+ SECOV AQ[M77QY 717 GUN HA A03PO L GARAM saopt 47th Awwws AAatA and l Zms Awwwm as abs WW on sW pW of SE•CCAV AOLYAQV TO GUN HA MV 16fl� aMam GROGAN PARK VILLAS THE RANCOR GROUP CRYSTAL, MN PRELIMINARY PLAT 1 OF 4 98573 1/21/99 AVE -T- s N. — 1-60 _40 I— —63.80 \�--E All. d . E 1/1 1, �i fhs�SK 7/! ar fine p � 1 pp g N. 7/{ or S"c 9 ami � rI m 60 �60 � 83.6o J o a eu'"t W. M. 505919 ph: ma. mact4m Fvc: 602-9,571 In so 0 so 100 150 Scale in Feet THE BANCOR GROUP C/O DAVID NEWMAN 7575 GOLDEN VALLEY ROAD SUITE 250 GOLDEN VALLEY, MN 55427 Drainage and Utility Easements are shown thus; ALLOMED PROPOSED 5.00 HARD SURFACE COWWAGE SOX 4 -TX j —5.00 o FLOOR AREA RA770 0.5 0.27 I I � — — _ --� L _ _ _ — _ TOZAL AREA All =0 ACRES denotes binding setback !!re Being tan feet in width and adjoining right Fent - 20' of way lines, and being film feet in width Side - 5' and adjoining lot lines, unless otherwise Rear - J0' indicated, as shown on the drawing. VICINITY MAP I x ';D_FT�1___ ___ t a' aa N FMPQ°CSED PACPEIMIY Q':�ravilQv A V N `^ 7" south 7 84 16rt of an &=tHdr of rm thwort wr kvQuof tine AAx6hnrest Oiol7 of setae» > 1� i SRR;, w I� A TewsrA¢ 118, Ranp. n /lrnlarpti Gbur!% Wwrewt4 abe ?sig 2, a part of dw Heard pkt of hj 1+ SECOV AQ[M77QY 717 GUN HA A03PO L GARAM saopt 47th Awwws AAatA and l Zms Awwwm as abs WW on sW pW of SE•CCAV AOLYAQV TO GUN HA MV 16fl� aMam GROGAN PARK VILLAS THE RANCOR GROUP CRYSTAL, MN PRELIMINARY PLAT 1 OF 4 98573 1/21/99 L L7 Edi njw a R' f Ex I '/w I ;Ff � p y COMIECT TO -'I EAST. MH 0 1nm �- 12 N EWt1 - i 01 D1 i s� a 1 � 4 { X\ xJ a < a x a x 1 X-XXV 1 F.xf. SAN. -1 W V 00 875.0 855.18 MH2 W W -. 875.75 N MH4 874.7 856.90 MHS 875.9 887.90 MH8 O O 1 W V 00 8'GV I X -x x -x -x- -X --X k x X�_X C -X X- X X X X -X X X-XXXX-X- --; N W -0.071 W V III fC, V - �< - n * �iexietiiq 8' Cw° 1 T Y E 8'(�Y I m I I J I I I 7 OONNECT TO a� i E&STINC MMTER R AE r FI`w 7M US PREPARED OE9QiED ORAINr 1 �. ME ort UlMR Mr ED PR SUPERNAL E AID THATGROGAN PARK VILLAS Al. P. C. C.S.O. 1 AM A ouLr R£% b. TE7Rm PgOFfSSIONM £Nci e I PROPOSED STRUC7URE TABLE STRUCTURE N0. RMt INV MH7 875.0 855.18 MH2 87375 855.80 IAH3 875.75 868.02 MH4 874.7 856.90 MHS 875.9 887.90 MH8 874.4 885.08 MH7 874.1 865.91 MH8 873.0 888.77 MH9 874.1 587.87 MH70 874.5 867.93 MH11 875.5 888.71 MH12 874.15 1 867.77 Z 50 0 50 100 150 Scale in Feet EXSnW STRUCTURE TABLE E17S77MG S7RUC7URE TABLE YeAut� l TO. aftI w..: 1 t- 8:010 E a K 8944 X 11&W 7 .M.m W" E a K 8886* K 8%15 J w.Rsy 87678 E d IK 661..6* S 867-W 4 m-000 8878 *0466 8 da.m 876.7* £ 8• K 86406 K 8*608 6 Wa46 E t 1K 86475 S 86806 7 +tam 87561 WZ41 8 dam 874.IJ L & K 86LI3 !L 1 S M&4j 8 87418 E d K 86X47 S 88616 r0 67606 Ir .torn. 0486 *was* r7 -6r 87418 15 0- 87406 mast 14 "Wy 877ad 86457 )s aw Aa1r 877.A7 86206 18 .tam 8887 67887 NOTES: 1. ALL 6' D_I.P. WATERMAIN SHALL BE CLASS 52 UNLESS OTHERWISE NOTED 2- ALL 8' PVC SANITARY SEWER SHALL BE SDR 35 UNLESS OTHERWISE NOTED. 3. SANITARY SERVICES SHALL BE 4" PVC SDR 35. 4. WATER SERVICES SHALL BE 1" COPPER WITH 1' CORP. 5. ALL H'Y7i RANT LEADS SHALL BE o DIP. a+ECKM uN�x THE UAr, of 7W SWIE OF %GNNM-M Buffalo 0. �'9 THE BANGOR GROUP PRELIMINARY UTILITY PLAN 9$573 Ph: 6R-QZ6 M.P.C. Marlin P. CmmknVA/fa:: ewz-6606 QATE: NO. ,,,.",a d L3 --,d ,x. CRYSTAL, MN SHEET NO. 2 OF 4 SHEETS 1121199 C; I E 9./n 7' 1 °� I ®. I� > LOWER RNA �ElEC f g q $ \<� g 1 ! a - 0 INSTAu,�e CASTING EA it rAlCtaaln - Ai rr it I I I = 1 \ 1 - +, x -�x-x-x- _ G62 (iiAH2 x --x \"r X`X Ix x -x x x -x X- -x- -x-x X X -x X X -x -x -x --xx- I 1 CA V co Cp O -i N (n 1 _ V rSURMOJINTABLE qONQRETE m cu F. cum 1w- CB3 Cy I EYs!. jf I L� 1 C, PED- RAMP PED. RAMP PED. RAMP .j9. PRCIPOSED STRUCTURE TABLE STRUCTURE NO. RIM INV MH 1 877.1 67'0.26 MH 2 874.0 871.24 MH 3 873.5 8M5.88 I �J ; 7I ml n I N a CJ 3 (p(1, flo C8 2 W 871.0 1 74 971.9 CB 4 873.6 871.8 CB 5 8725 0 C-8 6 873,0 870.5 CB 7 873.3 870.8 CS 8 8726 870.6 Co 9 873.4 870.9 C8 10 6726 w -+ CBMH 1 673.9 ui CBMH 2 574.5 870.67 CBMH 3 8725 889.1 Iy" 873.0 8 .0 N n CONCRETE SIDEWALK 873.3 870.0 CBMH 6 873.3 os . L c -� A n A A rr 1 m CBMH" w- 1 r: r' i 5' CONCRETE SIDEWALK .y v g �^ PED. RAMP U, O I O 40 STRUCTURE NO. RIM INV MH 1 877.1 67'0.26 MH 2 874.0 871.24 MH 3 873.5 8M5.88 MH 4 ^073.0 359.3 CS 1 873.9 871.4 C8 2 874.0 871.0 cc 3 74 971.9 CB 4 873.6 871.8 CB 5 8725 0 C-8 6 873,0 870.5 CB 7 873.3 870.8 CS 8 8726 870.6 Co 9 873.4 870.9 C8 10 6726 8 6 CBMH 1 673.9 67T.i CBMH 2 574.5 870.67 CBMH 3 8725 889.1 CBMH 4 873.0 8 .0 H 5 873.3 870.0 CBMH 6 873.3 os . >�:� 1 50 0 50 too ISO Scale in Feet EXI57INO STRIZARE TABLE s�Y Rln Mr 1 w. 87585 anJw 2 8754" 871,85 3 ;=l 87452 87212 4 87481 87G85 5 87482 871132 1 87484 871,54 7 87.SM 8M45 8 87a43 859.$3 a 87344 BBa 85 f0 177-M 9.5- W ff 9.7304 871,64 12 57242 M7 M 13 87401 8md5 14 87285 e1413a 15 87282 0057740 SIRUC7URE TABLE "*"IDP9 Rln b+l 1 w. 870.40 E ! 1Y 8Kffi X eaaae S QhYm 8T w- E A K 88888 K sm 15 3 ;=l 874T7 E t K 83481 S 857-M s n.wws &71 7S 818A8 5 t- 875..31 G t K 88401 m 880.03 8 -.fty 87448 E ! K 86423 S 850.08 7 A v m 873x1 877.41 8 aavm 87<t,7 C: R M11.5 x: s 578.43 a 074M E& K 85243 S 874 M 10 ar$.%s 87A06 ff .6.- 874.01 I 1,10.38 I2 weir. 874 to u naw 87401 6Ri5a PED. RAMP 8P - PED. RAMP -- LJ He _ - WMH5 �- 189 m -}-_ SURMOUNT CgNtlETE PED. CURB 4 6U TYP. � � 3QI a^ o Cfi V OD -. N co PED. RAMP v--i--n AM A .r f911 £ srtc 6' :.r A - .. -- I :-- �� -� �� BUILD MH 3 OVER i I I EXISTING LINE�v I Q a „RR O D 0"%WI� M>•» A� TNA1 GROGAN PARK VILLAS PRELIMINARY STREET & CT No- M.P.C. C.SO. 1 9.W A DULY WS.15F THE P�ONhN ENGINEER 9 W.- M7 -Won UNDER THE uws of THE STATE of MINNESOTA. 98573 `"� ' rGW W. THE BANCOR GROUP STORM SEWER PLAN u P. C. ma th P. C=vIm + �* Fe": Sw-3 M CRYSTAL, MN �E NO.F SHEEP N0. 3 OF 4 SHFFTS t /21 199 yy �x j x -1--x- -" ^+ X —x w � ; /HHARD� er — - D 87[.8 —x"'� X �X _X gs XS76.7X XX—XX=TY—X- PUBLI ROAD 10 e>8 e' uar WASHED X a s?< Ci £apt ° I v b77,Z � - f / � j I f Xa - 1; - ROCK CONSTRUCTION ENTRANCE � #• � � ` o-e7a.o • DGSTWG Smucn/RE TA&X x <� ' �--al—� I o-e�e.e N -+� o-ars.e % r 71 _ //A■�Lh �� N Ai ROCK CQNSTRLICj101V Tr-d78g t.�a TF.87&1 :yY 1 ■ TF -1711 w X X f I °y I I r l P. GARAGE ELEVATION ENTRANCE a m� � � 1F-0749 I � 7 N � iF •i75.9 �� r �f � ��6 � / � Nb ff�676'� m� � SLL.T FENCE ') ff�e.a ° TOP OF FOUNDATION n,.X•275'�' n!0�87&4 f ELEVATION 171 x $ i wd7s.2 I v�Si3.2 m p + V - - -- t �7F Q7S.3 d J 1 s7�t9 1. ALL WORK SHALL COMPLY 'WITH THE MINNESOTA POLLUTION CONTROL'S \ Oi a (MPCA) GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY. BY ,, '( 1m i� I BEGINNING THIS YORK, THE CONTRACTOR ACKNOWLEDGES THE TERMS OF L3 - �• THIS PERMIT AND AGREES TO ABIDE BY THEM. �� X L.� 2 ALL WORK SHALL COMPLY WITH THE G AREAS: SET FORTH M THE RACTIC tl � �� � �� 17 �'7a.i s s TFC-ep�1 �5� a TF-6TSp PROTECTING WATER QUALITY IN URBAN AREAS: BEST MANAGEMENT PRACTICES :. r FOR MIWIESOTA, AND THE US-EPA•S STORM WATER MANAGEMENT FOR 87 7 75 CONSTRUCTION ACTIVITIES. 1, �_ / 3. DURING CONSTRUCTION, THE CONTRACTOR SHALL INSPECT THE ENTIRE SITE AT LEAST ONCE A WEEK — EVENTS erG 6 ISI _• �p \ I( +� \ �.•, FOR SKINS OF EROSION AND SILTING LEAVING FOLLOY414G ANY ME SITE^ WASHFED OUT AND r I IW - ` TLLO ALL3E REPAIRED IMMEDLITEI Y 4. ADISTURBED AREAS SHALL BE REVEGETATED WITH THE FO L LOWNG SEED X MIX LAX RATE SEcTnT- DATE- SEEDING FERTILIZER .'I i 875 (LBS/AC) FALL DORM DEPTH (IN) RATE (LBS/AC) SMOOTH BROMECRASS 15 8/I-9/10 11/1+ 1/4-1/2 60 + 40 + 40 KENTUCKY BLUEGRASS 10 I - I '' q d oPI ' a3 9 �, d �9 �+ i °�� / RED CLOVER 3 PERENNIAL R1E GRASS 3 BARLEY/OATS o 3/;-1 I/; GU/Ac S1LTlIFENC£ �i 87&0 p 674.7 i 674.4 674.4 674.7 a7ILD o i _: y== j� �. 5- IF DORMANT SEEDING, 00 NOT SEED ON A SNOW GREATER THAN 2 INCHES i \• ! - ' [ 4 I r REPLACE- SIL FENCE � DEEP. EX)RMA-NT crrnurc MUST QE MULCHED. g. 1 s til 7 r - -� W- I - i I ......-� � WITH Co _.�, -• r- 4 A I -_ -- A 1117 As i BR �_ - _ .. _...�_. __-_� __ 5' MW LENCTIA POST AT 4' MAK SPACING 1 - - --- ---- — — --- - - - T - - - CEOTExTILE FABRK; I - s six 4 : h I k �r T I-�� I I g k- `- �,.:• !�. FABRIC ANCHORAGE TRENCH" \•. '•: �$ \� r \a r.r in m In I I `1 -..� i I 4 o y I \o DIRECTION OF S BACKFlLL WITH TAi1PED V F 4 1 i I RUNOFF FLOW NATURAL SCiL 1" CONSTR TION I ' i { TRANCE I :, inl ! I IERRAJEIL I ryo3 MIN 4 z c L A L L —1 t� SILT FENCE DETAIL DES1U® ORAIIN M.P.C. C.S.O. 1 AM A DULY RMISTERFD PROFESSIONAL ENOIMEER T D e..c XL Li- GROGAN PARK VILLAS PRELIMINARY GRADING, DRAINAGE, CT Na CHECKM UNM THE IMMS OF TMi SWE OF MINK WM e0rru0 IN. W319 ft: �-.727 THE BANCOR GROUP & EROSION CONTROL PLANQAT RV 98573 M.P-C. M,rt� P, cam, pO„ aroa�Tts `" W2z 3= DAIS REO -NO- F :nernu+0!a0a8u. —.I-, CRYSTAL, MN SHEET N0. 4 OF 4 SHEETS 1/21/99 50 0 50 100 150 Scale in Feet EMSINC S1RUC7L41W TA6 MmNd. , Tlp. RIIm I Mc 1 .tr>r 87&40 E ! K 86687 M 866m I Mtm 87&AS E & It arise M SM18 J .oN1vy QRS78 E ! K 88688 £ 867-V 4 -Wmi. 87&78 88G88 3 .6- R 2 I I a D/1 II •� 2, J- Y G'1 X � } x 'C' s yy �x j x -1--x- -" ^+ X —x w � ; /HHARD� er — - D 87[.8 —x"'� X �X _X gs XS76.7X XX—XX=TY—X- PUBLI ROAD 10 e>8 e' uar WASHED X a s?< Ci £apt ° I v b77,Z � - f / � j I f Xa - 1; - ROCK CONSTRUCTION ENTRANCE � #• � � ` o-e7a.o • DGSTWG Smucn/RE TA&X x <� ' �--al—� I o-e�e.e N -+� o-ars.e % r 71 _ //A■�Lh �� N Ai ROCK CQNSTRLICj101V Tr-d78g t.�a TF.87&1 :yY 1 ■ TF -1711 w X X f I °y I I r l P. GARAGE ELEVATION ENTRANCE a m� � � 1F-0749 I � 7 N � iF •i75.9 �� r �f � ��6 � / � Nb ff�676'� m� � SLL.T FENCE ') ff�e.a ° TOP OF FOUNDATION n,.X•275'�' n!0�87&4 f ELEVATION 171 x $ i wd7s.2 I v�Si3.2 m p + V - - -- t �7F Q7S.3 d J 1 s7�t9 1. ALL WORK SHALL COMPLY 'WITH THE MINNESOTA POLLUTION CONTROL'S \ Oi a (MPCA) GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY. BY ,, '( 1m i� I BEGINNING THIS YORK, THE CONTRACTOR ACKNOWLEDGES THE TERMS OF L3 - �• THIS PERMIT AND AGREES TO ABIDE BY THEM. �� X L.� 2 ALL WORK SHALL COMPLY WITH THE G AREAS: SET FORTH M THE RACTIC tl � �� � �� 17 �'7a.i s s TFC-ep�1 �5� a TF-6TSp PROTECTING WATER QUALITY IN URBAN AREAS: BEST MANAGEMENT PRACTICES :. r FOR MIWIESOTA, AND THE US-EPA•S STORM WATER MANAGEMENT FOR 87 7 75 CONSTRUCTION ACTIVITIES. 1, �_ / 3. DURING CONSTRUCTION, THE CONTRACTOR SHALL INSPECT THE ENTIRE SITE AT LEAST ONCE A WEEK — EVENTS erG 6 ISI _• �p \ I( +� \ �.•, FOR SKINS OF EROSION AND SILTING LEAVING FOLLOY414G ANY ME SITE^ WASHFED OUT AND r I IW - ` TLLO ALL3E REPAIRED IMMEDLITEI Y 4. ADISTURBED AREAS SHALL BE REVEGETATED WITH THE FO L LOWNG SEED X MIX LAX RATE SEcTnT- DATE- SEEDING FERTILIZER .'I i 875 (LBS/AC) FALL DORM DEPTH (IN) RATE (LBS/AC) SMOOTH BROMECRASS 15 8/I-9/10 11/1+ 1/4-1/2 60 + 40 + 40 KENTUCKY BLUEGRASS 10 I - I '' q d oPI ' a3 9 �, d �9 �+ i °�� / RED CLOVER 3 PERENNIAL R1E GRASS 3 BARLEY/OATS o 3/;-1 I/; GU/Ac S1LTlIFENC£ �i 87&0 p 674.7 i 674.4 674.4 674.7 a7ILD o i _: y== j� �. 5- IF DORMANT SEEDING, 00 NOT SEED ON A SNOW GREATER THAN 2 INCHES i \• ! - ' [ 4 I r REPLACE- SIL FENCE � DEEP. EX)RMA-NT crrnurc MUST QE MULCHED. g. 1 s til 7 r - -� W- I - i I ......-� � WITH Co _.�, -• r- 4 A I -_ -- A 1117 As i BR �_ - _ .. _...�_. __-_� __ 5' MW LENCTIA POST AT 4' MAK SPACING 1 - - --- ---- — — --- - - - T - - - CEOTExTILE FABRK; I - s six 4 : h I k �r T I-�� I I g k- `- �,.:• !�. FABRIC ANCHORAGE TRENCH" \•. '•: �$ \� r \a r.r in m In I I `1 -..� i I 4 o y I \o DIRECTION OF S BACKFlLL WITH TAi1PED V F 4 1 i I RUNOFF FLOW NATURAL SCiL 1" CONSTR TION I ' i { TRANCE I :, inl ! I IERRAJEIL I ryo3 MIN 4 z c L A L L —1 t� SILT FENCE DETAIL DES1U® ORAIIN M.P.C. C.S.O. 1 AM A DULY RMISTERFD PROFESSIONAL ENOIMEER T D e..c XL Li- GROGAN PARK VILLAS PRELIMINARY GRADING, DRAINAGE, CT Na CHECKM UNM THE IMMS OF TMi SWE OF MINK WM e0rru0 IN. W319 ft: �-.727 THE BANCOR GROUP & EROSION CONTROL PLANQAT RV 98573 M.P-C. M,rt� P, cam, pO„ aroa�Tts `" W2z 3= DAIS REO -NO- F :nernu+0!a0a8u. —.I-, CRYSTAL, MN SHEET N0. 4 OF 4 SHEETS 1/21/99 50 0 50 100 150 Scale in Feet EMSINC S1RUC7L41W TA6 MmNd. , Tlp. RIIm I Mc 1 .tr>r 87&40 E ! K 86687 M 866m I Mtm 87&AS E & It arise M SM18 J .oN1vy QRS78 E ! K 88688 £ 867-V 4 -Wmi. 87&78 88G88 3 .6- 87&W E! K 86600 K 86&08 8 .I.MEs,• 87548 E ! K 88677 £ 860.06 7 .tan 675.01 MZ41 8 I .farm 874.1-4 E! K 860.IJ K! S MK4J Legend - Entire Development Landscape Plan (2) U ASH AUTUMN PURPLE - 2.5" B&B (5) * ASPEN QUAKING - 2.5" B&B (2) 0 BIRCH RIVER CLUMP 8' B&B (5) ® ACCENT BOULDER (17) 0 CONEFLOWER PURPLE - #1 POT (11) 0 CRABAPPLE PROFUSION - 2" B&B (52) * DAYLILY STELLA de ORO - #1 POT (7) GRASS FEATHER REED - #1 POT (25) 0 JUNIPER MINT JULEP - #5 POT (10) 0 LINDEN GREENSPIRE - 2.5" B&B (3) 0 MAPLE AMUR - 6' B&B Gnroq. _x -x - (1) o BENCH (6) 0 PINE AUSTRIAN - 8' B&B (13) 0 ROSE NEARLY WILD - #2 POT (12) SPIRAEA ANTHONY WATERER - #3 POT (7) 0 ASH PATMORE - 2.5" B&B (4) CRABAPPLE SPRING SNOW - 2" B&B (8) C MAPLE NORTHWOODS - 2.5" B&B (6) 0 MAPLE RED AUTUMN BLAZE - 2.5" B&B (10) �: SPRUCE BLUE - COLORADO - 6' B&B O G. 5/w 48XH-Rum-iii. Topline Landscape - 2/11/99 -RYLAND America's Home Builder RYLAND America's Hnrnp Rt aw w - �.w.rl.�.■■■.■^.�.ww.w..■. w.r..w.wran....n � ..-.' y � I CEDAR ISLE VILLAGE HOMES DECLARATION This Declaration is made in the County of Dakota, State of Minnesota, on this _ day of 1998, by THE RYLAND GROUP, INC., a Maryland corporation (the "Declarant"), for the purposes of creating Cedar Isle Village Homes, a planned single family residential community. WHEREAS, Declarant is the owner of certain real property located in the City of Apple Valley, Dakota County, Minnesota, legally described on Exhibit A attached hereto (the "Property"), which Declarant intends to develop for residential uses; and WHEREAS, Declarant also owns certain real property located in the City of Apple Valley, Dakota County, Minnesota, legally described on Exhibit B attached hereto and incorporated herein (the "Additional Real Estate"), and has the option to add all or a part of the Additional Real Estate to the Property; and WHEREAS, Declarant desires that all of the Property, including any Additional Real Estate added thereto, shall be subject to certain uniform covenants, conditions and restrictions, for the purpose of preserving the value, the structural quality, and the original architectural and aesthetic character of the Property as a single family residential community; and NOW, THEREFORE, Declarant hereby declares that the Property, and any Additional Real Estate added thereto, shall be owned, sold, transferred and conveyed subject to the easements, restrictions, covenants and conditions contained herein, which are for the purpose of protecting the value and desirability of the Property and any Additional Real Estate added thereto, and which shall run with the Property, and any Additional Real estate added thereto, shall be binding on all parties having any right, title or interest in the Property, and any Additional Real Estate added thereto, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. This community consists solely of separate parcels of real estate designed or utilized for single family dwellings. The "Association" (as defined below) has no obligation to maintain any building containing a Dwelling and is not subject to the Minnesota Common Interest Community Act by virtue of Minnesota Statutes Section 515B.1 -102(e)(2). SECTION 1. DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise)- 1. 1. "Additional Real Estate" shall mean the real property legally described in Exhibit B, including all improvements located thereon now or in the future, and all easements and rights appurtenant thereto, which property Declarant has the right to add to this Declaration. 1.2. "Association" shall mean the Cedar Isle Village Homes Homeowners Association, a nonprofit corporation which has been created pursuant to Chapter 317A of the laws of the State of Minnesota, whose members consist of all Owners as defined herein. 1.3. "Board" shall mean the board of directors of the Association as provided for in the Bylaws. 1.4. "Bylaws" shall mean the Bylaws governing the operation of the Association, attached hereto as Exhibit C, as the same may be amended from time to time. 1.5. "Class A Membership" shall mean, except as provided in Section 3.2, the membership interest in the Association of Owners other than the Declarant. 1.6. "Class B Membership" shall mean, subject to Section 3.2, the Declarant's membership interest in the Association. 1.7. "Common Expenses shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in the Declaration or Bylaws. 1.8. "Declarant" shall mean The Ryland Group, Inc., a Maryland corporation, its successors and assigns. 1.9. "Dwelling(s)" shall mean one or more buildings, designed and intended for occupancy as a single family residence, and located within the boundaries of a Lot, together with all walkways, stoops, porches, patios, decks, balconies, garages, garage aprons, driveways and other improvements constructed by the Owner of such Lot and serving such building(s). l.lo. "Eligible Mortgagee" shall mean any Person owning a mortgage on any Lot, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Lot, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.11. "Governinpz,Documents" shall mean this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. 1.12. "Lot" shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including all improvements thereon. -2- 1. 13. "Member" shall mean all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.14. "Occupant" shall mean any person or person, other than an Owner, in possession of or residing in a Lot. 1.15. "Open Areas" shall mean all parts of the Property but specifically excluding the Dwellings and approved accessory buildings located on the Lots. 1.16. "Owner" shall mean a Person who owns a Lot, but excluding contract for deed vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.17. "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property. 1.18. "Plat" shall mean the recorded plan depicting the Property pursuant to the requirements of Minnesota Statutes Chapter 505, including any amended or supplemental Plat recorded against the Property or any portion thereof from time to time. 1.19. "Property" shall mean all of the real property submitted to this Declaration, including the Dwellings and all other structures and improvements located thereon now or in the future. The Property as of the date of this Declaration is legally described in Exhibit A attached hereto. 1.20. "Rules and Regulations" shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 4.6. SECTION 2. DESCRIPTION OF LOTS AND APPURTENANCES 2.1. Lots. There are 41 Lots, all of which are restricted exclusively to residential use. Each Lot constitutes a separate parcel of real estate. 2.2. Easements. Each Lot shall be subject to and the beneficiary of certain appurtenant easements as described in Section 10. SECTION 3. ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association, and the allocation to each Lot of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: -3- 3.1. Membership, Each Owner shall be a Member of the Association by virtue of Lot ownership, and the membership shall be appurtenant to and may not be separated from ownership of any Lot. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Lot, all such Persons shall be Members of the Association, but multiple ownership of a Lot shall not increase the voting rights allocated to such Lot nor authorize the division of the voting rights. 3.2. Voting Rights. The Association shall have two (2) classes of voting membership: Class A Class A Members shall be all Members with the exception of Declarant. Subject to Section 3.5 below, Class A Members shall be entitled to one (1) vote for each Lot owned. Class B Class B Members shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B Membership shall cease and be converted to Class A Membership upon the happening of the first to occur of the following events: a. when the total votes of Members outstanding in the Class A Membership equal the total votes outstanding in favor of the Declarant in the Class B Membership; b. on December 31, 2018; or C. voluntary conversion of the Class B Membership by the Declarant to Class A Membership. 3.3. Common Expenses. Common Expense obligations are allocated equally among the Lots; except that special allocations of Common Expenses shall be permitted as provided in Section 5.1. 3.4. Appurtenant Rights and Obligations. The ownership of a Lot shall include the voting rights and Common Expense obligations described in Sections 3.2 and 3.3. Said rights, obligations and interests, and the title to the Lots, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents. 3.5. Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Lot at meetings of the Association; provided, that if there are multiple Owners of a Lot, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully described in Section 3 of the Bylaws. -4- SECTION 4. ADMINISTRATION The administration and operation of the Association, including but not limited to the acts required of the Association, shall be governed by the following provisions: 4.1. General. The operation and administration of the Association shall be governed by the Governing Documents. Subject to the rights of the Owners set forth in the Governing Documents, the Association shall be responsible for the repair and maintenance of the Open Areas, as more specifically described in Section 8, shall enforce the covenants, conditions and restrictions set forth in this Declaration and any amendments hereto, and any Rules and Regulations adopted by the Association, and shall procure and maintain insurance on the Property of the type described in Section 9 hereof. Common Expenses for such activities shall be assessed and collected from the Owners in accordance with Section 5 of this Declaration. The Association shall have all powers described in the Governing Documents. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. 4.2. Operational Purposes. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible and (iii) preserving the value and architectural harmony and character of the Property. 4.3. Bindine Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties. 4.4. Bylaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association. 4.5. Manaaement. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by the Governing Documents; provided, however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. 4.6. Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the -� Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents. The inclusion in other parts of the Governing Documents of authority to approve -5- Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 4.7. Association Assets. Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. SECTION 5. ASSESSMENTS FOR COMMON EXPENSES 5.1. General. Assessments for Common Expenses shall be determined and assessed against the Lots by the Board, in its discretion; subject to the limitations set forth in Sections 5.2 and 5.3, and the requirements of the Bylaws. Assessments for Common Expenses shall include annual assessments and may include special assessments. Assessments shall be allocated among the Lots according to the Common Expense allocations set forth in Section 3.3, subject to the following qualifications: a. Any Common Expense or portion thereof benefiting fewer than all of the Lots may be assessed exclusively against the Lots benefited, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Lot. b. The costs of all insurance premiums paid by the Association shall be assessed equally for all Lots. C. Reasonable attorneys' fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of the Governing Documents or the Rules and Regulations, against an Owner or Occupant or their guests, may be assessed against the Owner's Lot. d. Fees, charges, late charges, fines and interest may be assessed against the Owner's Lot. e. Assessments levied to pay a judgment against the Association may be levied only against the Lots existing at the time the judgment was entered, in proportion to their Common Expense liabilities. f. If any damage to another Lot is caused by the act or omission of any Owner or Occupant, or their guests, the Association may assess the costs of repairing the damage exclusively against the Owner's Lot to the extent not covered by insurance. g. If any installment of an assessment becomes more than sixty (60) days past due, then the Association may, upon ten (10) days written notice to the Owner, declare the entire amount_ of the assessment and late charges immediately due and payable in full. h. If Common Expense liabilities are reallocated for any purpose, Common Expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. i. Assessments under Subsections 5. La -h shall not be considered special assessments as described in Section 5.3. 5.2, Annual Assessments. Annual assessments shall be established and levied by the Board, subject only to the limitations set forth in Section 5.2, 5.3, and 5.5. Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a separate reserve fund in an amount reasonably anticipated to cover the periodic cost of maintenance, repair and replacement of the Open Areas. After a Common Expense assessment is levied, the Board may modify the annual assessment upward or downward from time to time. Written notice of any modification of the annual general assessment shall be sent to every Owner subject to this Declaration. 5.3. Special Assessments. In addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy in any assessment year a special assessment against all Lots for the purpose of defraying in whole or in part (i) the cost of any unforeseen or unbudgeted Common Expense, (ii) general or specific reserves for maintenance, repairs, and replacements, and (iii) the maintenance, repair and replacement of the Open Areas, and any fixtures or other property related thereto. 5.4. Working Capital Fund. Declarant shall establish a segregated working capital fund to meet unforeseen expenditures or to purchase additional equipment or services during the period when Declarant is conducting its sales activities. There shall be contributed on a one-time basis for each Lot sold by Declarant an amount equal to one-sixth (1/6) of the annual estimated Common Expense assessment for the Lot being conveyed. The contribution to the working capital fund shall be paid by the purchaser of a Lot at the time Declarant closes on the sale of the Lot. The amounts paid into this fund are in addition to the regular quarterly installments of assessments. Declarant may not use the funds to defray any of its expenses, reserve contributions, or construction costs. 5.5. Liability of Owners for Assessments. The obligations of an Owner to pay assessments shall commence as to any Lot, no later than thirty (30) days after (i) conveyance of the Lot to an Owner other than Declarant, or (ii) issuance of a certificate of occupancy on any Lot owned by Declarant. Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year, except that the first annual assessment for any Lot shall be adjusted according to the number of months remaining in the calendar year. Notwithstanding anything -7- contained herein to the contrary, until January 1 of the year immediately following the conveyance ( of the first Lot by the Declarant, such assessments for any Lot shall not exceed $100 per month. The Owner at the time an assessment is payable with respect to the Lot shall be personally liable for the share of the Common Expenses assessed against such Lot. Such liability shall be joint and several where there are multiple Owners of the Lot. The liability is absolute and unconditional. An Owner shall not be exempt from liability for payment of his or her share of Common Expenses for any reason, including without limitation, by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Lot, by the waiver of any rights, or by reason of any claim against the Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing Documents. The Association may invoke the charges, sanctions and remedies set forth in Section 12, in addition to any remedies provided elsewhere in the Governing Documents or by law, for the purpose of enforcing its rights hereunder. 5.6. Assessment Lien. The Association has alien on a Lot for any assessment levied against that Lot from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is alien from the time the first installment thereof becomes due. Fees, charges, working capital contributions, late charges, fines and interest charges imposed by the Association are liens, and are enforceable as assessments under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. 5.7. Foreclosure of Liens Remedies. If the Association has provided for payment of an assessment in installments, and any installment of an assessment against a Lot becomes more than sixty (60) days past due, then the Association may, upon ten (10) days prior written notice to the Owner, declare the entire amount of the assessment and late charges immediately due and payable in full. A lien for Common Expenses may be foreclosed against a Lot under the laws of the State of Minnesota (i) by action, or (ii) by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot so acquired. The Owner and any other Person claiming an interest in the Lot, by the acceptance or assertion of any interest in the Lot, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Lot. 5.8. Lien Priority, Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Lot except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Lot, and (iii) liens for real estate taxes and other governmental assessments or charges against the Lot. Notwithstanding the foregoing, if a first mortgage on a Lot is foreclosed and no Owner redeems during the Owner's period of redemption provided by Minnesota Statutes Chapters 580, 581, or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Lot subject to unpaid assessments for Common Expenses levied pursuant to this Declaration, which became due, without acceleration, during the six (6) months immediately preceding the first day following the end of the Owner's period of redemption. 5.9. Conveyances Statement of Assessments. In a voluntary or involuntary conveyance of a Lot, the buyer (except as provided with respect to first mortgagees under Section 5.8 hereof) shall be jointly and severally liable with the seller for any unpaid assessments and other charges made by the Association against the seller or the seller's Lot prior to the time of conveyance to the buyer, without prejudice to the buyer's right to recover from the seller the amounts paid by the buyer therefor. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Lot, including all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. SECTION 6. RESTRICTIONS ON USE OF PROPERTY 6.1. General Restrictions. All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Lot, covenant and agree that, in addition to any other restrictions which may be imposed by the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: a. Subdivision Prohibited. No Lot may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Lots. b. Residential Use. The Lots shall be used exclusively for private, single family residential purposes, with improvements consisting of one (1) detached single- family Dwelling with one (1) attached private garage sufficient to store two (2) motor vehicles; except that Declarant shall be entitled to maintain model homes and other sales facilities upon any Lot or Lots owned by it. No Lot may be used for transient, hotel, commercial, business, professional or other non-residential purposes, except as provided in Section 6.1.c. C. Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Lot; except (i) an Owner or Occupant residing in a Lot may keep and maintain his or her business or professional records in such Lot and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Lot by customers or employees; and (ii) the Association may maintain offices on the Property for management and related purposes. d. Signs. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one (1) square foot, and one sign of not more than five (5) square feet advertising the Lot for sale, except that Declarant shall be permitted to erect and maintain upon any Lot or Lots owned by it such signs, as it deems appropriate to advertising the Property until Declarant conveys the last Lot. e. Parkin . The use of driveways, and the types of vehicles and personal property permitted thereon, shall be subject to rules and regulations of the Association. f. Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except conventional domesticated animals of a type normally kept as pets in residential areas. No dog houses or kennels shall be constructed or maintained on any Lot unless located so as to be screened from streets and from neighboring Lots. Any dog, whenever outside of a Lot, must be kept under the direct control of the pet owner or another person able to control the pet. The person in charge of the pet must clean up after it. The Board may adopt more specific rules and penalties not inconsistent with the foregoing. g. Garb a e. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Garbage, rubbish, trash and recycling shall not be kept on any Lot except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and kept inside, except on days established for removal of such trash and recycling. h. Quiet Enjoyment: Interference Prohibited. All Owners, Occupants and their guests shall have a right of quiet enjoyment in their respective Lots, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of any other Lot by other Owners, Occupants and their guests. i. Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to any Lot, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, heath or safety risk, or expense, for the Association or any Owner or Occupant. j. Temporary Residences. No structure of a temporary character, trailer, recreational vehicle, tent, shack, garage, barn, fish house or other building shall be used on any Lot at any time as a residence, either temporarily or permanently. k. Recreational Vehicles. No trailers, boats, buses, motor homes, campers, snowmobiles or other types of recreational vehicles shall be parked on any Lot for -10- more than seventy-two (72) consecutive hours unless such vehicle is parked within a garage located on such Lot. 1. Antenna and Satellite Dishes. No exterior aerial antenna, and no satellite dish over thirty-six (36) inches in diameter shall be permitted on any Lot. In no event shall such satellite dish extend above the roof of the Dwelling. Conventional televisions antennas should be mounted within the attic of the Dwelling. Any satellite dish over thirty-six (36) inches in diameter which is located outside the Dwelling shall be screened from view from streets and adjacent Lots. All plans and installation of such equipment outside a Dwelling shall be subject to the review and written approval of the Board. M. Abandoned Vehicles. No abandoned motor vehicle (as defined in Minnesota Statutes Section 168B.02, subdivision 2, as amended from time to time) shall be permitted to remain upon the streets or driveways, or on any Lot, except inside of a garage. The Association shall have the right to remove such vehicle at any time, and assess the costs of such removal against the Lot which is owned or occupied by the Person in control or possession of such motor vehicle. n. Condition of Dwelling. The Owner of each Lot shall keep his or her Dwelling and other improvements located upon his or her Lot, as well as any landscaping or gardens installed by the Owner or Occupant, in good condition and repair. o. Interference with Irrigation System. Nothing shall be built, installed or otherwise done on any Lot which would have the effect of obstructing or impairing the underground irrigation system serving the Property. p. Owner Landscaping. Any landscaping, gardens, swing sets, sandboxes or similar improvements installed or planted by an Owner or Occupant must be placed within a defined space surrounded by landscaping edging. The Board may in its discretion establish rules and regulations regarding the plant or construction materials for such improvements. 6.2. Rules and Regulations. The Association may adopt, amend and revoke Rules and Regulations not inconsistent with the Articles of Incorporation, Bylaws or this Declaration as follows: (a) regulating the use of the Lots and the conduct of Owners and Occupants, which may jeopardize the health, safety and welfare of other Occupants, which involve noise or other disturbing activity, or which may damage other Lots; (b) regulating or prohibiting animals; regulating the exterior appearance and maintenance of the Property, including by way of illustration but without limiting the generality of the foregoing, balconies and patios, window treatments, signs and other displays, regardless of whether inside a Dwelling; (c) implementing the Articles of Incorporation, Bylaws or Declarations of the Association; and (d) other rules facilitating the operation of the Association. After reasonable notice and an opportunity to be heard, the Association may impose reasonable sanctions, including the levying of reasonable fines, for violations of the Declaration, Bylaws and Rules and Regulations of the Association. - 11 - 6.3. Alterations. No alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guests in any part of the Dwelling which is visible from the exterior of the Dwelling without the prior written authorization of the Board, or a committee appointed by it, as provided in Section 7. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. 6.4. Access to Lots. In case of emergency, all Open Areas are subject to entry, without notice and at any time, by an officer or member of the Board, by the Association's management agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Section 8 and for enforcement purposes under Section 12. SECTION 7. ARCffiI CTURXL CONTROL 7.1. Structures. A site plan, landscaping plan and plans and specifications for the construction of a Dwelling on any Lot shall be submitted to the Board for its written approval before any construction activity is begun. Except as expressly provided in this Section 7, no building, deck, patio, shed, fence, wall, enclosure, antenna, satellite dish or receptor (excluding satellite dishes or receptors with a diameter of less than thirty-six (36) inches) or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to, or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and, if required, a plan showing the location of the structure, elevation and finished grade levels, shall have been submitted to and approved in writing by the Board. In approving such improvements, the Board shall consider the (i) quality and type of workmanship and materials, (ii) harmony of external size, color and design,(iii) location in relation to surrounding structures and topography, (iv) ease of maintenance and repair, (v) adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (vi) compliance with governmental laws, codes and regulations. The Board may promulgate additional detailed standards and procedures governing its areas of responsibility and practice. Notwithstanding the foregoing, (i) the Board may, in its discretion, delegate its authority under this Section 7 to an architectural control committee appointed by it and consisting of at least three (3) persons, (ii) so long as Declarant is the Owner of a Lot, Declarant's written consent shall be required for such alterations, and (iii) so long as Declarant is the Owner of a Lot, improvements by Declarant to a Lot shall not be subject to this Section 7.1. 7.2. Cosmetic Changes. No change in exterior siding, roofing materials, exterior doors, windows, exterior color, pavement materials or mailbox construction, shall be made to a Dwelling or other structure until such proposal has been submitted to and approved by the Board in writing as to harmony in relation to surrounding structures. No permission or approval shall be required -12- to repaint in accordance with an originally approved color scheme, or to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of the Owner's residence or to paint the interior of the Owner's residence any color desired. 7.3. Review Procedures. Accompanying such plans, specifications, site plans and requests for approval shall be the name and address of the party to whom approval or disapproval is to be mailed. Approval or disapproval will be given only in writing and will be effective on the date of postmark when mailed by first-class mail, postage prepaid and addressed to the named party. Plans and specifications and site plans shall be deemed to have been received by the Board when one or more of the members of the Board or the Board's designated representative acknowledges receipt of all such documents necessary to review the proposed alteration or improvement. If the Board fails to approve or disapprove plans and specifications, site plans or requests within sixty (60) days after the submission of all necessary documentation to it, approval will be deemed to have been granted. 7.4. Removal and Abatement. The Board may undertake any measures, legal or administrative, to enforce compliance with this Section, including without limitation, the removal or alteration of any structure on any Lot erected in violation of the terms of this Declaration, and the commencement of appropriate judicial proceedings to compel the alteration or demolition of any non -conforming construction or other violation, and shall be entitled to recover from the Owner causing or permitting the violation, all attorneys' fees, costs of enforcement, and to the extent r applicable, costs of material, labor and associated expenses incurred by the Association in correcting the violation, whether or not a legal action is started. Such attorneys' fees and costs incurred by the Board shall be levied against such Lot as an assessment as provided herein, and shall be a personal obligation of the Owner. 7.5. Variances. Reasonable variances to the covenants, conditions and restrictions may be granted by the Board after review, in order to overcome practical difficulties or to prevent unnecessary hardship. A variance may only be granted if it is not detrimental to other property and shall not defeat the purpose of this Declaration. 7.6. New Construction Covenants Conditions and Restrictions. Without limiting the broad discretion granted to the Board by this Article, the following additional covenants, conditions and restrictions shall apply to new construction, or reconstruction after demolition or casualty loss, of a Dwelling on the Lots: a. The Board shall be entitled to review and approve all exterior siding and roofing materials, and all exterior doors and windows to be used in the construction and the color(s) thereof. b. The Board shall require that the minimum roof pitch on each Dwelling be six - twelfths (6/12) with a rise of six (6) feet in elevation for each twelve (12) feet of surface. - 13 - C. Promptly upon completion of construction, but in no event later than six (6) , months after commencement of construction, a hard -surface driveway and landscaping, including sodding of the Lot, shall have been installed. d. During construction, all trash or debris shall be contained in approved containers to be located on each Lot during the period of construction. Erosion control measures shall be established and maintained on each building site, as needed, and the front of each building site is to be swept or kept clean at the expense of the Lot Owner on an as -needed basis. e. Each Dwelling constructed on a Lot shall meet the following minimum square - footage requirements: (i) Single -story structures shall contain at least 1,200 square feet of finished and heated main floor living area, exclusive of areas included within open porches, breezeways, garages and basements. (ii) Dwellings of two stories or more shall be constructed to contain at least 1,500 square feet of finished and heated living space, exclusive of areas included within breezeways, open porches, garages and basements. f. The construction of all exterior components of any Dwelling must be completed within nine (9) months of commencement of construction. g. No building shall be located on any Lot nearer to a front lot line, a rear lot line, an interior side lot line or a side street right-of-way line, if any, than the applicable City ordinance shall allow. For purposes of this paragraph, eaves, steps, fireplaces, and open porches shall not be considered as part of a building; provided, however, that this statement shall not be construed to permit any eave, step, fireplace or open porch on a Lot to encroach upon another Lot. h. No building shall exceed two stories in height. i. Nothing shall be built, installed or otherwise done on any Lot which would have the effect of obstructing or impairing the underground irrigation system serving the Property. SECTION 8. MAINTENANCE 8.1. Maintenance by Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "maintenance") of the Open Areas, specifically including lawn mowing, lawn maintenance, maintenance of trees, shrubs and other landscaping installed by Declarant or the Association (including watering, pruning and trimming), trash removal, -14- maintenance and repair of the privacy fence along the easterly edge of the Property, and such other maintenance, repair or replacement as the Board, in its sole discretion, may elect to perform. In addition, the Association shall also be responsible for the maintenance of the islands within the public streets known as "Flora Court" and "Flora Way". Notwithstanding anything contained herein or implied hereby to the contrary, unless the Board elects otherwise, the Association shall have no responsibility for interior or exterior maintenance of the Dwellings located on any Lot, for yard damage caused by pets, for snow removal, or for maintenance, repair or replacement of trees, shrubs, gardens or other landscaping not installed by the Declarant or the Association. The Association shall have easements as described in Section 10 to perform its obligations under this Section 8. 8.2. Maintenance by Owner. All maintenance of the Dwellings and utilities and, except for the maintenance required to be provided by the Association under Section 8. 1, all maintenance of the Lots shall be the sole responsibility and expense of the Owners thereof. However, the Owners and Occupants shall have a duty to notify the Association promptly of defects in or damage to those parts of the Property which the Association is obligated to maintain. The Association may require that any exterior maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to perform or improperly performs and assess the Lot and the Owner for the cost thereof. 8.3. Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Lot which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Lot to do so), and the cost thereof may be assessed against the Lot of the Owner responsible for the damage. SECTION 9. INSURANCE 9.1, Required Coverage. The Association shall obtain and maintain, at a minimum, a master policy or policies of insurance in accordance with the insurance requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows: a. Comprehensive public liability insurance covering the use, operation and maintenance of the Property, with minimum limits of $1,000,000 per occurrence, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a "severability of -- interest" endorsement which shall preclude the insurer from denying the claim of -15- an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. b. Employee dishonesty insurance against dishonest acts on the part of the board of directors, officers, managers, employees or persons responsible for handling funds collected and held by the Association for the benefit of the Owners. Such insurance shall name the Association as the named insured and shall be written in an amount sufficient to provide protection which is in no event less than one and one-half (1.5) times the Association's estimated annual operating expenses and reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if said policy would not otherwise cover volunteers. C. Directors and officers liability insurance to cover actions of the board of directors and officers, with such reasonable limits and coverages as the Board shall determine from time to time. d. Such other insurance as the Board may determine from time to time to be in the best interests of the Association and the Owners. 9.2. Premiums: Improvements-, Deductibles. All insurance premiums shall be assessed and paid as a Common Expense. As to any deductibles under any insurance coverages obtained by the Association, the Association may (i) pay the deductible amount as a Common Expense, (ii) assess the deductible amount against the Owner and the Owner's Lot if the loss was caused by the act or omission of the Owners, and Occupants or the Owners' agents, employees, invitees, guests, or (iii) require the Owners of the Lots affected to pay the deductible amount directly. 9.3. Loss Pavee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) for the benefit of the Owners and secured parties, including Eligible Mortgagees, which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association. 9.4. Waivers of Subrosation. All policies of insurance shall contain waivers of subrogation by the insurer against the Association, or an Owner, members of the Owner's household, officers or directors, as applicable, and, if available, waivers of any defense based on co-insurance or of invalidity from any acts of the insured. 9.5. Cancellation, Notice of Loss. All policies of comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least thirty (30) days prior written notice to the Association, to FNMA (if applicable), all of the insiders and all Eligible Mortgagees. -16- 9.6. No Contribution. All policies of insurance maintained by the Owner shall be the primary insurance for property damage, bodily injury or death on a Lot, except where such property damage, bodily injury or death is caused by the Association, its agents, employees, or contractors. If property damage, bodily injury or death on a Lot is caused by the Association, its agents, employees or contractors, the policy or policies of insurance maintained by the Association shall be the primary insurance therefor. 9.7. Effect of Acts Not Within Association's Control. All policies of insurance maintained by the Association shall provide that the coverage shall not be avoided by or conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. 9.8. Owner's Personal Insurance. Each Owner shall be responsible for obtaining personal insurance coverage at his or her own expense covering fire and other casualty to the Lot (including, without limitation, his or her Dwelling), personal property or additional personal liability. All insurance policies maintained by Owners shall provide that they are without contribution as against the insurance purchased by the Association. SECTION 10. EASEMENTS 10.1. Easement for Maintenance and Repair. Each Lot shall be subject to the rights of the Association to a non-exclusive, appurtenant easement on and over the Lots for the purposes of maintenance, repair and replacement within the Open Areas, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 10.2. Easement for Irrieation Svstem. The Lots shall be subject to non-exclusive, appurtenant easements for water irrigation lines servicing the Property in the location the same shall have initially been constructed or installed incident to the initial construction of the Dwelling on the Lot or such other location as may be approved by the Board. 10.3. Fence Easement. The easterly ten (10) feet of Lots 11 through 18, inclusive, Block 3 shall be subject to an easement in favor of the Association for the construction, maintenance and repair of a privacy fence. 10.4. Recorded Easements. Each Lot shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 10.5. Easements are Appurtenant. All easements and similar rights burdening or benefiting a Lot shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the terms of the easement. Any recorded easement benefiting or burdening any Lot shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. - 17 - 10.6. Impairment Prohibited. No Person shall materially restrict or impair any easement benefiting or burdening any Lot; subject to the Declaration and the right of the Association to impose reasonable Rules and Regulations governing the use of the Property. 10.7. Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Lot. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Lots for purposes of maintenance and repair. SECTION 11. TRASH REMOVAL AND RECYCLING 11.1. Master Contract. The Association may contract with a single provider for the removal and disposal of garbage, trash and other solid waste, and for removal of recycling materials from all Lots in accordance with this Declaration. Each Owner shall be obligated to purchase such services from the provider designated by the Association upon the terms, conditions and rates negotiated by the Association. 11.2. Charges. Any charges imposed by the provider designated by the Association shall be paid by the Association and shall be included in the general assessments to Owners. In the event that any Owner requests any services not included within the basic/general charges of the provider, the Owner, upon written demand by the Association, shall reimburse the Association for any charges for such services, plus all related costs, including interest, attorneys' fees and administrative charges of the Association, and if not paid by Owner, such charges shall be added to the assessments against the Lot and be enforceable as alien in accordance with Section 5. Any charge, lien or claim pursuant to this Article shall not be subject to any maximum increase in general assessments. SECTION 12. COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Governing Documents, the Rules and Regulations, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents. 12.1. Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose alien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against EF:m the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents or the Rules and Regulations, as a measure to enforce such Owner's position, or for any other reason. 12.2. Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents or the Rules and Regulations: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose reasonable late charges for each late payment of an assessment or installment thereof. C. In the event of default of more than sixty (60) days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Lot owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines, penalties or charges for each violation of the Governing Documents or the Rules and Regulations of the Association. e. Enter any Lot in which a violation or breach of the Governing Documents exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any other part of the Property, and to summarily abate and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Open Area which is causing the violation; provided, however, any improvements which are part of a Dwelling may be altered or demolished by the Association only pursuant to a court order or with the agreement of the Owner. f. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state of Minnesota. 12.3. Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 12.2.d, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be -19- scheduled by the Board and held within thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. 12.4. Lien for Charges Penalties,_ Etc. Any assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Lot of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 5. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 12.5. Costs of Proceeding and Attornevs' Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Governing Documents or Rules and Regulations, whether or not finally, determined by a court arbitrator, the Association may assess the violator and his or her Lot with any expenses incurred in connection with such enforcement, including without limitation, fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. 12.6. Liability for Acts of Owners' Occupants. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests of the Owner, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Lot. 12.7. Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents and the Rules and Regulations, as provided therein. SECTION 13. AMENDMENTS Declarant may amend this Declaration for any reason without the approval of the Members or the Eligible Mortgagees for a period of two (2) years from the date of the recording of this Declaration. Any amendment initiated by any party other than Declarant, or initiated after expiration of said two (2) year period shall require the consent of (i) Owners of Lots to which are -20- allocated at least sixty-seven percent (67%) of the votes in the Association, (ii) the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned) required by Section 14 as to matters prescribed by said Section and (iii) as long as Declarant owns any unsold Lot, the Declarant (as to any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects or may affect Declarant's rights under the Governing Documents). Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees and the Declarant shall be in writing. The Amendment shall be effective when recorded. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 14. RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in the Governing Documents, Eligible Mortgagees shall have the following rights and protections: 14.1. Consent to Certain Amendments. Except for amendments to this Declaration by the Declarant during the two (2) years following recordation of this Declaration, and amendments to this Declaration contemplated by Section 15, the written consent of Eligible Mortgagees representing at least fifty-one percent (51%) of the Lots that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any amendment to the Governing Documents which causes any change in the following: (i) voting rights; (ii) assessments, assessments liens, or priority of assessment liens; (iii) reserves for maintenance and repair of the Open Areas; (iv) responsibility for maintenance and repairs, (v) redefinition of any Lot boundaries; (vi) expansion or contraction of the Property or the addition, annexation or withdrawal of property to or from the Property; (vii) insurance or fidelity bonds; (viii) imposition of any restrictions on an Owner's right to sell or transfer his or her Lot; (ix) a decision by the Association to establish self management when professional management is in effect as required previously by the Governing Documents or an Eligible Mortgagee; or (x) any provisions that expressly benefit Eligible Mortgagees, or insurers or guarantors of mortgages. 14.2. Consent to Certain Actions. Except as contemplated by Article 15, The written consent of Eligible Mortgagees representing at least sixty-seven percent (67%) of the Lots that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required to (i) change the allocations of voting rights or Common Expense obligation; (ii) partition or subdivide a Lot, except as permitted by statute; or (iii) terminate the Association. 14.3. Priority of Taxes and Other Charges. All taxes, assessments and charges which may become liens prior to the first mortgage under Minnesota law shall relate only to the individual Lots and not to the Property as a whole. -21- 14.4. Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Lot pursuant to its mortgage in the case of a distribution to such Owner of condemnation awards for a taking of. all or any portion of the Lot. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condemning authority. 14.5. Priority for Insurance Proceeds. No provision of the governing Documents shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Lot pursuant to its mortgage in the case of a distribution to such Owner of insurance for losses to the Lot. 14.6. Requirements Management and Service Agreements. Any agreement for professional management of or provision of services to the Property or the Association must, at a minimum, provide for termination by the Association, for cause upon thirty (30) days prior written notice and without penalty or termination fee. 14.7. Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and records of the Association upon reasonable notice during normal business hours, and to receive free of charge, upon written request, copies of the Association's annual reports and other financial statements. Financial statements, including those which are audited, shall be available within one hundred fifty (150) days of the end of the Association's fiscal year. If a request is made by FNMA or any institutional guarantor or insurer of a mortgage loan against a Lot, for an audit of the Association's financial statements for the preceding year, the Association shall cause an audit to be made and deliver a copy to the requesting party. 14.8. Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Lot, and the Lot number or address, the holder, insurer or guarantor shall be entitled to timely written notice of: a. a condemnation loss which affects a material portion of the Property securing the mortgage; b. a lapse, cancellation or material modification of any insurance policy maintained by the Association; and C. a proposed action which requires the consent of a specified percentage of Eligible Mortgagees. SECTION 15. RIGHTS TO ADD ADDITIONAL REAL ESTATE Declarant hereby expressly reserves the right to add Additional Real Estate to the Property, by unilateral action, subject to the following conditions: -22- 15, 1. Duration of Right. The right of Declarant to add the Additional Real Estate to the Property shall terminate ten (10) years after the date of recording of this Declaration or upon earlier express written withdrawal of such right by Declarant or a successor Declarant, unless extended by a vote of the Owners. There are no other limitations of Declarant's rights hereunder, except as may be imposed by law. 15.2. Addition of Parcels. The Declarant may add the Additional Real Estate to the Property in parcels consisting of one or more platted lots or portions thereof, by recording an amendment to this Declaration and identifying the platted lot or lots to be added to the Property. 15.3. No Assurances. There are no assurances as to the times at which all or any part of the Additional Real Estate will be added to the Property, the order in which it will be added, the number of lots per phase nor the size of the parcels. Declarant is under no obligation to add the Additional Real Estate to the Property, and the Additional Real Estate may be developed by Declarant or its successors in interest for other purposes, subject only to approval by the appropriate governmental authorities. 15.4. Extension of Covenants and Restrictions. All covenants and restrictions contained in this Declaration affecting the use, occupancy and alienation of Lots shall apply to all Lots created on the Additional Real Estate. 15.5. Application. The statements made in the preceding Sections 15.1 through 15.4 above shall not apply to any Additional Real Estate which is not added to the Property. SECTION 16. MISCELLANEOUS 16.1. Severabilitv. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 16.2. Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. 16.3. Notices. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Association, the Board, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. 16.4. Conflicts Among Documents. In the event of any conflict among the provisions of the Declaration, the Bylaws or any Rules or Regulations approved by the Association, the documents -23 - shall control in the following order of priority: (i) the Declaration, (ii) the Bylaws and (iii) the ( Rules and Regulations. 16.5. Resale of Lots. Upon resale of a Lot by an Owner, the Owner shall provide the prospective purchaser prior to execution of the purchase agreement or otherwise prior to the conveyance, a resale disclosure certificate from the Association, together with a copy of this Declaration, the articles of incorporation and Bylaws of the Association, any Rules and Regulations, and any amendments to the foregoing. The disclosure certificate shall be dated not more than ninety (90) days prior to the date of the purchase agreement or the date of conveyance, whichever is earlier, and shall contain the following information: (i) a statement disclosing any right of first refusal or other restraint on the free alienability of the Lot contained in the Declaration, articles of incorporation, Bylaws, or Rules and Regulations of the Association, or any amendment thereof, (ii) a statement setting forth the amount of the monthly installments of Common Expense assessments, including special assessments, if any, and the amount of any due and unpaid regular or special assessments, fines or other charges payable with respect to the Lot; (iii) a statement of any fees or charges other than assessments payable by Lot Owners; (iv) a statement of any capital expenditures approved by the Association for the current and two succeeding fiscal years; (v) a statement of the amount of any reserves for maintenance, repair or replacement and of any portions of those reserves designated by the Association for any specified projects or uses; (vi) the most recent regularly prepared balance sheet and income and expense statement of the Association; (vii) the current budget of the Association; (viii) a statement of any unsatisfied judgments against the Association and the status of any pending suits to which the Association is party; (ix) a detailed description of the insurance coverage provided for the benefit of Lot Owners; (x) a statement as to whether the Association knows of any violation by the Lot of any provision of the Declaration or any governmental statute, ordinance, code or regulation; and (xi) a statement of any outstanding rights of the Declaration to add additional real estate to the Property. The Association, within ten (10) days after a request by a Lot Owner or his or her authorized representative, shall furnish the certificate required in this Section. The Association or its agents may charge a reasonable fee for furnishing the certificate and any Association documents related thereto. A Lot Owner providing a certificate pursuant to this Section is not liable to the purchaser for any erroneous information provided by the Association and included in the certificate. 16.6. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, shall be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns, and shall be perpetual. -24- 6Z4.79 YSTAL IiIUNITY '-NTERNI ) ITION 624.38 zj� d. 8 TH'4 ADD. > 9 :1.51 LIJ LQ —04 AVa 1,4 c IM 10 ., psi'lc 0 '0 Ljj (D z 2 -S E c C IN i 4- 4c 7.r 4/ IS 110 4,Q a," u USS "tv 115.0 5 J;4. J , I z w Z, 0 to 1;517-14 A'A Ij LLJ 154 1cc e, 14 �77 o c.19 Z. Y.114 106.33 W In ZC k9l UJ LJ Ld .4 9 1Z 471 01 3c ics Ul ;;c -AVENUE .pr 'till �pARp Dev rowwr r *z) YSTAL ;MUNITY )ITION ESA.15- . i 30 z �y 0 w Q 3g /,o�►s FAIRVIEW AY N l0 N '.7.59 97.58 60 p , ico 0'6 p foo c. I 6o "ko 9 IS I v 3 kq ZO Iu 7 g 13 IZ l 4 Z 1° io5 i ro5 14 W �I _ b X01 Q O x Go 60 `95.5 M' 16 3 � �• I8 3 o -NDA Lv o0 l • i � 0 c5 15� 34 > 4 t7 4 lo6.z ei4x I'�+01 v�� (co s 15 0 0 6 19 j n v 14 I ~� ]oa 10! ��-"^ 114.8 lab. 0;,52 11 G. �o n e g i°y ° p, �o a �b 11i 12i V 7nr0049 �'( N0. J '7 N O \+ 9+0 Th � AVE. 136 I ti 9.1 epi LIJ l.r_I > d m9pa ?6 r 104 N l0 N Zo 'o 1 f 0 IQ i9 V V � Z V 18 3 c. I 6o "ko 4 3 I( wLLJ 0 iq. 7 g 13 IZ l 4 Z 1° io5 i ro5 61le n i05 _;4---' M�i9•� ., 1 M M 30 WA -71.84 7/•,-•..6 c. I 6o "ko 3 I( wLLJ 0 i— 3 Int I` l 4 Z uj 14 W _ b X01 Q O x Go 60 `95.5 SKEL�YS 1 o -NDA e 6a l • i � 0 c5 rr ? �- � 40 :o - — --AVE–NIJ` _;4---' - 30 WA -71.84 7/•,-•..6 c. I 6o "ko 0 Int 4r7 _ b X01 Q O x Go 60 `95.5 SKEL�YS 1 o -NDA e Questions and Comments from Informational Meeting for Neighborhood (Feb. 24, 1999) (approximately in chronological order) 1. The City should send out questionnaires to people living next to similar developments in other cities. 2. 1 am concerned about headlights from easterly entrance pointing at houses across Zane Ave (my house) — why not line up the entrance with 48 Ave? 3. We are concerned about traffic impacts in the neighborhood. 4. If sidewalks are placed along 47 Ave and Adair Ave, how will these be paid for? 5. What does this density of development do for Crystal? What are the benefits to the community? 6. What is the proposed start date and completion date for the development and the houses? 7. We moved here from San Diego (CA) to get away from this type of development. 8. Will people rent the houses out? 9. We moved to this neighborhood for the stability and do not want a more transient population. 10. Will the trees installed at the time of development be the size shown in the building elevations? Can the buffer trees handle salt from 47 Ave and Zane Ave? 11. What about junk that might accumulate in the back yards visible from 47 Ave and Zane Ave? 12. Will the buyers be able to install fences around their yards? 13. What happens if the association does not enforce its covenants or association rules? 14. As the families age in place, where will their teenagers park their cars? 15. The houses have poor accessibility for the disabled and do not accommodate the needs of older people. 16. What does this development do for younger families with children? 17. We already have plenty of starter homes in Crystal — why not build more move -up housing? 18. Will this make property values in the neighborhood go up or down? If the values go up, will taxes also go up? 19. Was a plan submitted for lot sizes that match the surrounding neighborhood (30-40 lots)? 20. What happened with the waste found dumped on the cemetery property a few years ago? 21. If the City is buying houses on small/narrow lots elsewhere for redevelopment, why create more? 22. Would double frontage lots be assessed for reconstruction costs for 47 Ave and Zane Ave? 23. This home style is the least in demand in the metro area. For this price ($130,000+) people can buy a nicer house in south Crystal or a new house in the outer suburbs. 24. What age group are you targeting? Who/where is your market? 25. It would be helpful if we could see the proposed plat superimposed on the existing plat map — to compare the development with the neighborhood. 26. We like a variety of houses — we don't want houses to be the same. 27. Why don't the proposed houses have basements? 28. The problem with the proposal is the width of the lots and the overall density. 29. Since they don't have basements, where do people go if there is severe weather? 30. Where else are 2 -story slab homes being built? 31. Would the City intervene if the association doesn't do its job (enforcement, upkeep)? 32. What happens if the owners want to disband the association? �12,7 eq -,o -,.e �^ ltzll-7� 54� �. � y �I �� �/ �' Vim' ✓�L% • � Faffon Properties, Inc. February 'Z0, 099 Mr. John Sutter, Building Inspector and Planning Commission City of Crystal 4141 Douglas Drive C:rySlal, MN RE: Land dt:vclopment near City C'ornmtnlity Center Dear Mr. Sutter and Commission Members, I would like to express sonic thoughts regarding, the; parcel of land, locutcd near the city C'o111n1urlity Center, that is now under consideration fur development. But first a little backf;rotuld about illy expertisc and myself. i havc been a resident of Crystal since 1949. I was raised here and 1, in tun1, have raised my family here. 1 have seen the fauns, woods anis upcn areas disappear frorll vicW By profession I C-1111 a developer, planner and designer, 1 have worked with Don Knutson Of It71111SO11 Companies in the rcdcvclopmcnt of Minlleapulis. The commercial properties I have been involved with include the 113M building, the Norwest Batik Building, and the Sheraton Hotel to name a few. In the area of home building 1 have worked with Mari Anderson of Mary Anderson Homes on land dcvelopment, phlt maps, building codes S-, rcatrictiorls its well as environmental concems. For the past 12 years, i ha\ c been associated with Marsh P4arson owner of Regency Humes as his broker, designer and partner. Our last development ill St. Francis was "Fairway Crossing,... This development of privately owned singlcd tamely hollers included c.\Ltias such as: nlaii11rt1aiwC: frcc cxterlois, underground sprinkling systems, fully sodded Ind landscaped yards, ill addition the grounds were fully maliltained. In Minnesota that illeans not only the elnlimation of mowing but also no shoveling, Garbage pick-up and city streets were also maintained. This added tip to it community that had the look of single family home development but ;Meowed assisted livilig that suluc pcoplcLl n'anted arid some. homeowners needed Thcrc is it potential oil ills land near that C'o111murlity ('enter which I would lilac you k, consider. ThJ1 consideration is Flexible housing. It is it concept «'inch has been incorporated ill other conlillunines nationwide and intemationaily. At tete present moment Crystal does not have anythrllg like it. P would require the commission to consider a lancer housing issue. 011C that would allow residents to purchase homes in Crystal and stay in their home for a htewne as their personal and family needs change Please nCad the ellclosCd 111for-matiOil I have compiled to leiuil just a Icw of }'our choices. You hove standard housing -00 ft lots hest f=lexible housing -can gel cern lot line depending on plat plan it alio allows high density, which could use a Z pattens Flexible homilji� It no( 111 the liiture it is ill tile, piesellt. 6325 43rd Ave. North Crystal, MN 55428 - 424-8550 / 5_i -i -u414 Fallon Properties, Inc. My conccm with having housing and accessibility needs tttet is both professional and personal. I had to pull away from my last project in St. Francis when my MS no longer allowed me to walk the scaffolding or check the rooflines. However all other aspcets of the trade I can still do. My strength is in working directly xvith the buyers. I listen to their dreanis and ideas. Then with my knowledgc and skill I design their honie. Once this land is developed you can not go back and rccolisider your decision or its impact on the citizens. It is a once in a life time opportunity to make a difference. As you can sce 1 have done a great deal ofresearch and spent a lot oftime thinking about this property. Building is my trade and Crystal is lily home. To other communities 1 have assessed a fec but to Crystal this is a gift. 1t is a very complex issue but I have tricd to give you a concise overview. I am open to rrieet with you if you would find it beneficial. Sincerely, R. Rita Munn 6325 43`d Ave. N. Crystal, MN (612) 533-2824 6325 43rd Ave. North ya�ai, lvll`I JJ�FGLS 424-8550 / 533-0414 CITY COUNCIL ACTION ON ITEMS WHICH APPEARED BEFORE PLANNING COMMISSION February 16, 1999 First reading of rezoning of 5540 Lakeland Ave N and 5917 - 56th Ave N from B-3 Auto -Oriented Commercial to I-1 Light Industrial, together with rezoning of 5541 Zane Ave N from R-1 Single Family Residential to I-1 Light Industrial. Consideration of a resolution relating to modifications to Development District No. 1, including establishing Tax Increment Financing District No. 4 (Lamplighter Apts.)— approved. March 2, 1999 Consideration of site plan review for construction of 92,198 sq. ft. mixed use light industrial building to be located on property at 5540 Lakeland Ave N, 5917 - 56 Ave N, 5518 Lakeland Ave N, 5454 Lakeland Ave N and 5541 Zane and N— approved. Second reading of rezoning of 5540 Lakeland Ave N and 5917 - 56th Ave N from B-3 Auto -Oriented Commercial to I-1 Light Industrial, together with rezoning of 5541 Zane Ave N from R-1 Single Family Residential to I-1 Light Industrial. G:APlanning\PC\CCAction.DOC.jrs MEMORANDUM DATE: March 4, 1999 TO: Planning Commission (March 8th meeting - Item not on Agenda) FROM% John Sutter, Planner and Redevelopment Coordinator SUBJ.: Automotive Concepts — 5160 West Broadway On July 21, 1998, the City Council approved application 98-12.3, which was a modification of application 98-8.3 approved June 16, 1998. Both applications were for site plan review, submitted by Automotive Concepts for conversion of the Suttle Car Wash to an automotive restyling operation. The project included a building addition, new hard surfaced parking and loading areas, and enhanced landscaping along West Broadway. Automotive Concepts occupied the building in late 1998. Shortly thereafter it became apparent to staff that the operation was not consistent with the site plan that was approved. Staff informed John Prosser, the owner of Automotive Concepts, of this matter by telephone in January 1999. Mr. Prosser addressed the City Council in the Open Forum at the meeting on February 2, 1999. As suggested by the Council, staff (Jerry Dulgar, Bill Barber and 1) met with Mr. Prosser on Feb. 8 and told him that he would need to prepare a plan for the March 8 Planning Commission meeting showing how he would bring his operation into compliance with the approved site plan and City Code. He was also directed to immediately cease the parking, stopping and/or loading of trucks in West Broadway. As an interim measure, Mr. Prosser suggested that he would park some of the vehicles on the Killmer Electric site (5353 Lakeland Ave N) to free up some space on his site. During the following two weeks, staff observed continued violations of City Code. For example, while several dozen vehicles have been placed on the Killmer Electric site, the truck loading area in the rear of the subject property continued to be filled up with parked/stored vehicles, thus forcing trucks to continue parking, stopping and/or loading on West Broadway. In addition, on multiple occasions staff observed tractor -trailers parked across the boulevard and public sidewalk along West Broadway. I sent a certified letter (copy attached) to Automotive Concepts on February 23, 1999 describing the continuing violations and reminding Mr. Prosser of his responsibility to comply with City Code and the approved site plan. Mr. Prosser was out of town until March 1, and called on March 3 to request a meeting with staff on his site. Bill Barber and I met with Mr. Prosser at the site on March 4, discussed the various code violations and I followed up with a certified letter identifying the code violations and inconsistencies with the approved site plan (copy attached). Staff believes that the site conditions vary from the approved plans to a degree that requires the property owner to submit revised site and landscaping plans for consideration by the Planning Commission and City Council. Since there is not enough time for Mr. Prosser to submit the revised plans for the March Planning Commission meeting, staff is suggesting a deadline of April 2; the Planning Commission would consider the revised plans on April 12 and the City Council would make a decision on April 20. Staff believes that the changes identified in the March 4 letter are not significant enough to require a full Site Plan Review application (incl. fee and public hearing). However, If Mr. Prosser wishes to request changes to the plans in addition to those described in the March 4 letter, then a full Site Plan Review application, fee and public hearing should be required. Requested action: Staff requests that the Planning Commission determine if it concurs with the staff regarding whether or not Mr. Prosser should have until April 2 to submit revised site and landscaping plans, and whether or not new plans should require a full Site Plan Review application (incl. fee and public hearing). In addition, there are violations that are independent of the site plan. These were also identified in my March 4, 1999 letter to Automotive Concepts, and will be addressed by appropriate law enforcement and legal personnel if not corrected. If you have any questions regarding this property, feel free to contact me at 531-1142. SITE PLAN ISSUES - AUTOMOTIVE CONCEPTS (5160 WEST BROADWAY) 2 Ci VIA CERTIFIED MAIL February 23, 1999 Attn: John W. Prosser Automotive Concepts 5160 West Broadway Crystal MN 55429 Community Development Department City of Crystal 4141 Douglas Drive North Crystal, MN 55422 (612) 531-1000 fax 531-1188 Subject: Noncompliance with Site Plan approved June 16, 1998 and amended July 21, 1998 This letter is to follow up on your appearance before the City Council on February 2, 1999 and your meeting with City Manager Jerry Dulgar, Building Official Bill Barber and City Planner John Sutter on February 8, 1999. It has been our understanding, based on the City Council's discussion on February 2 and the staff meeting on February 8, that you would take the following actions to correct noncompliance with Crystal City code and the June 16, 1998 and July 21, 1998 site plan approval: 1. Immediately cease the parking, stopping and/or unloading of trucks in traffic lanes of West Broadway or any other public street; 2. Eliminate the vehicle parking from the truck turn -around area in the rear of your property, to provide the required on-site truck turn -around space as shown in the site plan; and 3. Develop a plan to bring your property into compliance with the approved site plan and Crystal City Code, for consideration by the Planning Commission on March 8, 1999 and the City Council on March 16, 1999. The following items represent code compliance issues which have been observed by City staff to date and will need to be corrected: ❑ vehicle storage on the site is taking up parking stalls required to be reserved fcr emplcyees and customers: ❑ vehicles are being parked on non -hard surfaced areas which are required to be landscaped as shown in the site plan; and ❑ vehicles being parked on non -hard surfaced area behind the Red Rooster building at 5140 West Broadway. Automotive Concepts 5160 West Broadway February 23, 1999 Today (February 23, 1999), City staff observed the following activities at Automotive Concepts that are not consistent with the requirements of Crystal City Code: [8:15 a.m.] vehicle -carrying tractor -trailer stopped in the inside southbound traffic lane on West Broadway; [11:30 a.m.] Georgia Pacific tractor -trailer parked in the outside northbound traffic lane of West Broadway, with a forklift unloading materials from the truck and bringing them into Automotive Concepts; and [11:55 a.m.] tractor -trailer [flatbed] parked on the boulevard space adjacent to the northbound lanes of West Broadway. In order to bring your plan for compliance to the Planning Commission at their March 8, 1999 meeting, we will need to receive your plan by 4:30 p.m. on Monday, March 1, 1999. Continued noncompliance with Crystal City Code may result in enforcement action by the City. Sincerely, John Sutter, Planner and Redevelopment Coordinator cc: Jerry Dulgar, City Manager Steve Bubul, City Attorney Anne Norris, Community Development Director Bill Barber, Building Official Terry Womack, Lead Community Services Officer VIA CERTIFIED MAIL March 4, 1999 Attn: John W. Prosser Automotive Concepts 5160 West Broadway Crystal MN 55429 Community Development Department City of Crystal 4141 Douglas Drive North Crystal, MN 55422 (612) 531-1000 fax 531-1188 Subject: Noncompliance with Site Plan approved June 16, 1998 and amended July 21, 1998 This letter is to follow up on the meeting with you held earlier today (March 4, 1999) at the Automotive Concepts site. Attending were Building Official Bill Barber and City Planner John Sutter. We appreciate the opportunity to review the issues related to your site, and to work quickly toward a solution which brings your property into compliance with your site plan and applicable ordinances. There appear to be two types of issues with Automotive Concepts that need to be addressed: o issues relating to the site plan approved by the City Council; and ❑ general violations of Crystal City Code or other laws independent of the site plan. A. Site Plan Issues. (EITHER A REVISED SITE PLAN IS TO BE SUBMITTED BY APRIL 2, OR THE PROPERTY IS TO BE BROUGHT INTO COMPLIANCE WITH THE CURRENT SITE PLAN.) The following items related to the site and operations of Automotive Concepts are not consistent with the site plan approved by the City Council on June 16, 1998 and amended on July 21, 1998: The truck turn -around area is being used for the parking of vehicles. This forces trucks to maneuver on West Broadway to access the loading dock. Because this area was not shown with vehicle parking on the site plan and was represented as a truck turn -around area, these vehicles will need to be removed. SUGGESTED CORRECTIVE MEASURE: Remove vehicles from areas not shown as parking stalls on the site plan. Keep area clear for trucks to maneuver on the site. ALTERNATE CORRECTIVE MEASURE: Submit a revised site plan, prepared by a registered architect or engineer, showing additional parking stalls together with a truck turn around area that meets standards for turning radii for such vehicles. (Note: All parking stalls must be striped, and striping must match that shown on the site plan.) Automotive Concepts March 4, 1999 page 2 2. The fence along the east side of the property (adjacent to the BN railroad) appears to have been installed approximately five feet closer to the property line than shown on the site plan. SUGGESTED CORRECTIVE MEASURE: Submit a revised site plan showing the actual location of the fence. 3. The outdoor storage area appears to greatly exceed the area shown in the site plan. In addition to the parts laying on the ground in the parking lot along the south side of the building, the storage racks have been extended across the back of the building, along the entire north side and half the east side of the rear parking area. SUGGESTED CORRECTIVE MEASURE: Eliminate outdoor storage except for those areas shown as outdoor storage in the site plan. ALTER/kJATE CORRECTIVE MEASURE: Eliminate outdoor storage as described above, but submit new site plan showing additional storage racks along the back of the building, the north side of the parking lot, and the northerly half of the east side of the parking lot. 4. The island areas on either side of the loading dock were shown to be landscaped in the approved site plan. The island adjacent to the gate is occupied by the trash enclosure. The trash enclosure is not located at the northeast corner of the property as it was shown on the site plan. SUGGESTED CORRECTIVE MEASURE. Submit a revised site plan and revised landscaping plan showing the trash enclosure in its actual location and modifying adjacent landscaping accordingly. Install landscaping as shown in the landscaping plan as soon as weather permits. 5. While it is not part of your original site plan approval, staff supports the concept of using the property located at 5128 Hanson Court as off-site vehicle storage for Automotive Concepts. However, we will need you to complete the following regarding this property: • A copy of an executed lease or purchase agreement showing that you and/or Automotive Concepts has the right to use the property; • Striping plan, drawn to scale, showing how you will stripe the lot and the number of parking stalls on the lot; and • Striping the lot as shown on your striping plan. B. General Violations. (TO BE CORRECTED IMMEDIATELY, WITHOUT REGARD TO WHAT HAPPENS WITH THE SITE PLAN ISSUES.) Automotive Concepts March 4, 1999 page 3 The following activities represent violations of Crystal City Code or other laws and ordinances, and will need to be discontinued immediately: 1. Stopping, parking, loading and/or unloading vehicles on public roads or streets, and/or maneuvering vehicles on public roads or streets for the purpose of backing into driveways of Automotive Concepts. 2. Parking or driving of vehicles, especially heavy trucks, on the public sidewalk and on the boulevard between the sidewalk and the roadway. 3. Parking of vehicles in the handicap stalls without the required handicap permit, and also the parking of vehicles in the required clear zones adjacent to the handicap stalls. 4. Parking of vehicles on areas neither hard surfaced nor approved for hard surfacing. This is especially an issue along West Broadway, where vehicles are frequently parked on areas specifically designated for landscaping. 5. Storage of trash, recyclables and other refuse outside the trash enclosure, and having the trash enclosure doors left open. Such materials are to be within the enclosure, and the doors are to be kept closed except when depositing or removing materials. have submitted a copy of this letter to the Planning Commission for their review. I have suggested to the Planning Commission that you have until Friday, April 2, 1999, to submit your request for a revised site plan. Such site plan would be considered by the Planning Commission on April 12, 1999 and the City Council on April 20, 1999. Please note that this time frame regarding the site plan will not relieve you or Automotive Concepts of the responsibility to immediately address the items identified in "B — General Violations" above. Continued noncompliance with Crystal City Code may result in enforcement action by the City Sincerely, John Sutter, Planner and Redevelopment Coordinator cc: Jerry Dulgar, City Manager Steve Bubul, City Attorney Anne Norris, Community Development Director Bill Barber, Building Official Terry Womack, Lead Community Services Officer :5 ME - PAVING SEcno 4s (a1 NOT USED 1 1 STORY BLOCK EXISTING BUIIDINC PROPOSE z0.1 TOTAL SF 0 'o �• d����dncl+caw- SECTION AT CURB 6 _ II QIiC PARKING SIGN � _il III 96 m 60 and 9B 7 196 m 252 m HC VAN 'ARKJNG SPACE DESIGN ..ems U C1 FlRE UNE SIGN SECTION AT CONC SUB IN TRUCK DOCK SECTION AT CONC SIDEWALK cowcc►rs Automotive Conce RemodeU is s� Cu " 5160 W, Broadrwysun asrt Kwa.s .•ws�w wwo wv, ARCHITECTURAL SITE PLAN do DETAILS COWMUCnON C"W#,GS A1.2 c Q PVC EDGING DETAIL I STORY BLOCK IXISTINC BUILDING ... rs. ..rR�lPOSED'bDMON \\ .,.w. • / ' Y �'•_•-�--� '`a s.1°m's•cu, I 1 vrs�..c.�r�owc�'.nc r+rsu wsaw QTREE PLAN leu'! DETAIL u jQj Q PwmNc DErNL � n (2) CHNN UNK F{1JCE DETAIL �u1 PLAN & DETAILS • N'6TRUCDON ORAWN(S \ ► A1.3 \ a Automotive Z. s \\ \ Cots R Suttle Cu w 55422 LANDSCAPING SCHEDULE 's +� xnraus wxn.-.s wuw• I wn ,._,ou usa..nc wus s = vun-w• •�: ae I. +•nss enn .w n �wsusw ca-wn:. nc:m - I au.. c -gnu. s•x.-, cc�+:a: rHcn. I m, s rYC��} smx w 4 PLAN & DETAILS • N'6TRUCDON ORAWN(S \ ► A1.3 v. 4k C-' to ° sol ol" C AoI.c _ AAs+ SCALE blc.I r BLE �I-IGO to lu\ &02.1 lI-V -ra titin lHa E t P•� S� „'�V TOP 610.17 t='l' %mac Ti �, "� \ '% Gf`' ��'/ // -�� `� • �i�1��� ea ;�Fr%v `� x'14 pct o u ttt 'Ae — �^ 60 t �.O F r' � , r,t y a\ �` Tit 'a �G ; nt... -z. •, � iS \ Q I � �✓ � _- � . ,. ,\-xt,. ` Tom_ �-- � \" \ �2 Ot t. 4t_=iA � STQ��� �:i�_�Ihf xv,5 • i.'�=07F ,., ,�. I � � ..,,. � � �y_GF.--� Gr'�P� l*l�t � ��—h!c W i—=1..'GC' � �J ,slip �, ii•y. p So �L 2rlD qp�1 ioty C2��5 `X15:1 PLANNING COMMISSION ATTENDANCE FOR 1998 # Cancelled + Appt'd 1/6/98 ++Appt'd 4/21/98 I:\CmmtyDev\PCAtt98.doc 1/12 2/9 2/23 3/9 4/13 5/11 6/8 7/13 8/10 9/14 10/12 11/9 12/14 Total Bonnell+ Elsen Kamp Koss Krueger Magnuson Nystrom VonRueden Graham++ x x x x x x x x x xx x x xx x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x 100% 100% 90% 80% 100% 90% 100% 90% 100% TOTAL 8 8 7 9 9 8 9 7 8 9 # Cancelled + Appt'd 1/6/98 ++Appt'd 4/21/98 I:\CmmtyDev\PCAtt98.doc