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12-18-12 CC Public Hearing - 4CPlanning Department 763-593-8095 / 763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting December 18, 2012 "60 Days" Deadline: December 28, 2012 Agenda Item 4. C. Public Hearing - Ordinance #491 - Final Design Plan Approval - PUD #111 - The Tiburon Apartments - Tiburon 55, LLC., Applicants Prepared By Joe Hogeboom, City Planner Summary Tiburon 55, LLC is seeking approval of a Planned Unit Development (PUD) Permit for the construction of a market rate apartment building to be located at 9130 and 9220 Olson Memorial Highway. Under this proposal, the 2.7 acre site would contain a The apartment would feature a mix of studio apartments, one bedroom apartments, one bedroom -plus -den apartments and two bedroom apartments. It would cater to those wishing to rent in an upscale facility in the near northwest suburbs. City Code establishes standards for PUDs, which are laid out in the staff report to the Planning Commission. In addition, City Code establishes findings that must be made by the City when creating a PUD. These findings are included in the City Council's recommended action. The Council makes the following findings pursuant to City Code Section 11:55, Subd. 6(Q): 1. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. And staff recommends approval of the Final Plan subject to the following conditions: 1. The plans prepared by UrbanWorks Architecture, dated October 25, 2012, submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated November 6, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated November 20, 2012, shall become a part of this approval. 4. A Park Dedication Fee of $16,300 shall be paid by the developer prior to approval of the Final Plat. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 7. The Developer shall coordinate landscaping efforts with the City's Highway 55 Lilac Planting initiative. 8. Final PUD approval will be dependent upon the City's approval and effectuation of a tax increment financing district within the project area to fund the necessary public infrastructure requirements, to be installed by the City, including among other items, street realignment, pedestrian improvements, street lighting, sanitary sewer lining, and overhead power line burial. Attachments • Location Map (1 page) • Planning Commission Minutes dated November 26, 2012 (7 pages) • Memo to the Planning Commission dated November 16, 2012 (3 pages) • Memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated November 20, 2012 (6 pages) • Memo from Deputy Fire Marshal Ed Anderson dated November 6, 2012 (2 pages) • Applicant's Narrative (21 pages) • Conceptual Drawings (2 pages) • Ordinance No. 491, Approval of Final Plan of Development, The Tiburon Apartments, PUD No. 111, Tiburon 55, LLC, Applicant (2 pages) • Site Plans (15 oversized pages, distributed separately) Recommended Action Motion to adopt Ordinance No. 491, Approval of Final Plan of Development, The Tiburon Apartments, PUD No. 111, Tiburon 55, LLC, Applicant. 10TH AVE N -r rid loth Ave N — rn A � fs 7 9TH AVE N C g m z rn o ry z I rn / 3��r 1 p Z I 7110 Boone Pond oi _ h1fI4lL ,,� _I ,& Subject Properties � Guide stay Rd_ 69 ystate p 0 �b 2 Wally gypBrookuiew CommunCnter & Go Course F rse General Mills Nature Preserve 201 Generalgills Pond ' ff m r 1 �ia,c.�,�xxi,�.>„4cntu +,��s., i•:�.��h&,f�„a?% ✓ °/ 1 ! / ,r�2. 7'�ft Regular Meeting of the Golden Valley Planning Commission November 26, 2012 A regular meeting of the Plannin Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golde Valley Road, Golden Valley, Minnesota, on Monday, November 26, 2012. Chair Wal auser called the meeting to order at 7:06 pm. Those present were Planning C mmissioners Cera, Kisch, Kluch a, McCarty, Schmidgall, egelbaum and Waldhauser. Al o present were Director of PI ng and Development M Grimes, City Planner Joe ogeboom, Assistant HRA ctor Jeanne Andre and Admi " trative Assistant Lisa Wi , eman. 1. Aod'roval of Minutes October 8,`SQ12 Planning 0- ommissibn Workshop Meeting Waldhauser referred to it D o p.ge 4 and said she would like the words "and other accessory and dwelling units'ed to the sentence regarding the evaluation of play structures. MOVED by Kisch, sec ded by ra an�notedition. arried unanimously to approve the October 8, 2012 m(p0tes with the bove Novem r 5, 2012 RegularlPlanning Comm issioR* eting McCarty, ` id he had some typog phical/grammatical errors thal\e would discuss with staff. ED by Kisch, seconded by ra and motion carried unanimously to approve the ovember 5, 2012 minutes with t e above noted corrections. 2. Consideration of Resolution No. 12-01 Finding that the Redevelopment Plan for the Highway 55 West Redevelopment Project Area and the Tax Increment Financing Plan for Tax Increment Financing (Renewal and Renovation) District No. 1 Conform to the General Plan for the Development and Redevelopment of the City, as Amended (Amended 2008 Comprehensive Plan Update) Andre reminded the Commissioners that the former bowling alley property and the adjacent property were recently reguided and rezoned to High Density Residential. Since the rezoning and reguiding of the properties the HRA has been considering establishing a redevelopment area and a Tax Increment Finance (TIF) area in order to obtain the funds needed for public improvements including the slip access ramp on Highway 55 at Decatur and the pedestrian access assuming the Tiburon project moves forward. She referred to a map of the area and explained the boundaries of the proposed Redevelopment Project Area and the Renewal and Renovation TIF District. She explained that part of the statutory process requires the Planning Commission to consider the plans and determine if they are compatible with the City's Comprehensive Plan. Minutes of the Golden Valley Planning Commission November 26, 2012 Page 2 Segelbaum asked about the history of other various TIF districts and questioned if funds are being used for this proposed district that could possibly be used elsewhere. Andre explained that the City is not limited to a certain number of TIF districts but there are certain criteria and requirements that must be met when establishing a TIF district. She reviewed the two existing TIF districts and agreed that a TIF district does divert taxes to a specific area or project rather than contributing to the entire City. Segelbaum asked if the HRA is considering any other areas or if this is the only area being considered because of the proposed Tiburon project. Andre stated that no other areas are currently under consideration for TIF. She explained that there is only increment to capture if a development is increasing the value and taxes of the property. Waldhauser noted that there are a number of public improvements that are needed to facilitate the Tiburon development and that is one of the reasons the City is involved. Andre agreed and added that the Tiburon developer has not asked for any assistance. The proposed use of funds is for public improvements that the HRA feels would be beneficial and would make the area more desirable. Kluchka asked about the difference between the Redevelopment Area and TIF District area and why they are different sizes and different parcels. Andre, stated that the Redevelopment Area is where development can happen and the TIF District includes the properties that meet the statutory requirements for blight. New development in the TIF District will increase the taxes received and the increment is used to pay for the improvements. Kluchka asked if the funds captured inthe TIF District could be used elsewhere in the Redevelopment Area Andre stated that most of the funds would be used in the TIF District however some could be used outside of the TIF District area. McCarty asked for an explanation of how Tax Increment Financing works and questioned if a definition of TIF should be included in the definition section of the Plan. Andre stated that a district is created and in that district a "frozen base" of taxes is established, which are the taxes currently being paid before any improvements, then when there is new development, the "frozen base" is subtracted from new amount of taxes being paid and the difference in tax receipts is used to fund improvements in that district. She added that she thinks the definition of TIF is presumed in the report but that she could forward the suggestion to Springsted, who prepared the report. Kisch referred to page 5 in the Springsted report and questioned why there are discrepancies in the estimated costs listed in different sections. Andre explained the difference is the present value versus the amount paid out over time due to interest, all of which is estimated at this point. McCarty referred to page 4 in the Springsted report and said that there seems to be many references to the proposed Tiburon project and that it wouldn't occur without TIF but the September 10 Planning Commission minutes state that the developer would move forward without TIF financing. Andre stated that the developer moving forward is contingent on City approval and that City approval is contingent on there being an environment that would be conducive to this development, which includes improved safety for vehicles and pedestrian access. Minutes of the Golden Valley Planning Commission November 26, 2012 Page 3 Kluchka asked what specifically the Planning Commission is supposed to look for in the Plans that make them consistent or not with the Comprehensive Plan. Andre stated that in this case it is mainly consideration of the zoning and if the proposed Tiburon would be compatible with the zoning district and the Comprehensive Plan. Kluchka disagreed and said that his understanding of what the Planning Commission is being asked to consider is if the Redevelopment District and TIF District are consistent with the Comprehensive Plan and that it has nothing to do with the Tiburon project. He added that it is also his understanding that the Tiburon could be built without TIF but the safety improvements that the City wants to do couldn't be done without TIF. Andre agreed that the Tiburon developer may want to move forward without TIF, however the City Council will decide if the Tiburon project is suitable without using TIF to provide necessary improvements. MOVED by Kisch and seconded by Kluchka to adopt Resolution 12-01 finding that the Redevelopment Plan for the Highway 55 West Redevelopment Project Area and the TIF Plan (Renewal and Renovation) for District No. 1 conform to the General Plan for the development and redevelopment of the City as amended (2008 Comprehensive Plan Update). Segelbaum said he thinks it is difficult to state that the Plans are not consistent with the Comprehensive Plan however he questioned if this is where the City wants to focus the funds that are being devoted to this, potentially at the detriment to other areas. Kisch added that money isn't being diverted from other areas it's money that doesn't exist unless development happens to bring the tax base value forward. It is very targeted and involves a specific development raising the tax base providing funds to pay for the needed improvements. Kluchka asked if there were specific areas defined for redevelopment during the Comprehensive Plan amendment process. Grimes stated that there were several discussions identifying areas where changes could occur. He added that in this case, the properties were rezoned and redesignated for higher density that couldn't happen without the necessary infrastructure. Waldhauser read the proposed Resolution and the Planning Commission vote was unanimous to adopt Resolution 12-01 finding that the Redevelopment Plan for the Highway 55 West Redevelopment Project Area and the TIF Plan (Renewal and Renovation) for District No. 1 conform to the General Plan for the development and redevelopment of the City as amended (2008 Comprehensive Plan Update). 3. Informal Public Hearing — Final Plan Review — Planned Unit Development (PUD) — 9130 & 9220 Olson Memorial Highway — The Tiburon — PU-111 Applicant: Tiburon 55, LLC Address: 9130 & 9220 Olson Memorial Highway Purpose: To allow for the construction of a six -story, 142 -unit, market -rate apartment building. Minutes of the Golden Valley Planning Commission November 26, 2012 Page 4 Hogeboom stated that the Preliminary PUD Plan for this proposal was approved by the City Council on October 16, 2012 so the applicant is now starting the Final PUD approval process. He referred to a location map and reminded the Commission that the applicant is proposing to construct a six -story, 142 -unit, market -rate apartment building on approximately 2.7 acres. He stated that the properties are zoned and designated on the Comprehensive Plan Land Use Map for High Density Residential and staff feels that the proposal is justified as a PUD. He showed the Commission renderings of the proposed building and explained that since the Planning Commission reviewed the Preliminary Plans the applicant has incorporated the Commissioners comments including: an additional sidewalk connection from Golden Valley Road to the front door of the building, the addition of bicycle racks, modifications to the amount of impervious surface and coordinating their landscaping with the City's Highway 55 Lilac Planting initiative. He stated that there has been a traffic study done and that the City Engineer has reviewed ways to improve the slip ramp on Highway 55 at Decatur. He referred to his staff report and said staff is recommending approval of this proposal subject to the following conditions: 1. The plans prepared by UrbanWorks Architecture', dated October 25, 2012, submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated November 6, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated November 20, 2012, shall become a part of this approval. 4. A Park Dedication Fee of $16,300 shall be paid by the developer prior to approval of the Final PUD Plat. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority; over this development. 7. Final PUD approval will be dependent upon the City's approval and effectuation of a tax incrementfinancing district within the project area to fund the necessary public infrastructure requirements, to be installed by the City, including among other items, street realignment,, pedestrian improvements, street lighting, sanitary sewer lining, and overhead power line burial. Waldhauser asked if the Planning Commission should be predicating their decision on the assumption that the Metropolitan Council will approve of the Comprehensive Plan amendment regarding these properties. Hogeboom said the Metropolitan Council has indicated that the amendment will be approved. McCarty questioned why the developer has to pay park dedication fees prior to the approval of the Final PUD Plat and asked what happens with that money if the Final PUD Plat is not approved. Hogeboom stated that the City Code requires that park dedication fees in the amount of 1 % of the estimated land value be paid prior to Final Plat approval. Minutes of the Golden Valley Planning Commission November 26, 2012 Page 5 McCarty referred to the finding listed in the staff report regarding development including necessary public infrastructure improvements is not expected to occur solely through private development within the reasonable foreseeable future and asked if that refers to this specific project because that's already been shown to be incorrect. Hogeboom stated the project could not likely occur without the necessary public infrastructure improvements. McCarty said he takes exception to how this proposal is being presented to the Planning Commission. It is being presented like this project wouldn't go forward without TIF and he is not sure that is true. Waldhauser asked if that finding could be removed from the approval. Hogeboom said the language came from the City Attorney and it is ultimately the Council's decision to approve this proposal with or without TIF. Kluchka asked if the Commission could focus on the changes that have been made to the proposal since the Preliminary Plan, with the condition regarding TIF, has already been approved by the City Council Steve Dunbar, Applicant, Tiburon 55 LLC, referred to a site plan and highlighted the items they changed on the plans since the Planning Commission reviewed the Preliminary PUD plans. He explained that they've added the suggested sidewalk to the front entrance, reduced the amount of surface parking to 69 parking spaces, increased the width of the fire lane to 20 feet, lessened the impact of the masonry wall and added lilac plantings along the south property line. He showed the Commission several different elevations and views of the proposed building. Waldhauser asked if there could be additional landscaping added to the north side of the site in order to help screen the parking lot. Grimes stated that the area along the north side of the property is city -owned right-of-way and that staff would have to review any plantings in that area, Segelbaum questioned if the reduction in the amount of parking could cause other problems, or insufficient parking. Dunbar said he is comfortable with the proposed amount of parking. Kisch referred to the amount of impervious surface and asked for clarification because the plans show that there is 67% of impervious surface, but his calculations add up to 80%. Noah Bly,;UrbanWorks Architecture, said he would double check the impervious surface calculations. Schmidgall stated that there will also be subterranean storm water management which to him is an acceptable alternative. Kisch agreed but said he would still like clarification of the impervious surface calculations. Waldhauser opened the public hearing. Seeing and hearing no one wishing to comment, Waldhauser closed the public hearing. Schmidgall said he thinks this is a nice asset to the community and is supportive of the proposal. Segelbaum and Kisch agreed. Kluchka noted that one issue being considered in the creation of the TIF district is the sanitary sewer line. He noted that most property owners have to pay for sanitary sewer Minutes of the Golden Valley Planning Commission November 26, 2012 Page 6 repairs and questioned if it is fair to use tax dollars in this project if repairs are required. Grimes noted that any reference to sanitary sewer issues in the TIF plan refer to city - owned sewer lines, not privately owned lines. MOVED by Kluchka, seconded by Cera and motion carried unanimously to recommend approval of the Final Plan for PUD #111 to allow for the construction of a six -story, 142 - unit, market -rate apartment building subject to the following conditions and findings: Conditions: 1. The plans prepared by UrbanWorks Architecture, dated October 25, 2012, submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated November 6, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated November 20, 2012, shall become a part of this approval. 4. A Park Dedication Fee of $16,300 shall be paid by thedeveloperprior to approval of the Final PUD Plat. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 7. Final PUD approval will be dependent upon the City's approval and effectuation of a tax increment financing district within the project area to fund the necessary public infrastructure requirements, to be installed by the City, including among other items, street realignment, pedestrian improvements, street lighting, sanitary sewer lining, and overhead power line burial. Findings: 1. The City Engineer has studied the proposed development and the public infrastructure needed to support the proposed development, and the current public infrastructure is insufficient for the use described in the project plans submitted for the planned unit development. 2. The Planning Department has reviewed the project plans and indicated that the proposed development including the necessary public infrastructure improvements is not reasonably expected to occur solely through private investment within the reasonable foreseeable future. 3. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 4. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features. 5. The PUD plan includes efficient and effective use of the land for multi -family residential. 6. The PUD plan results in development compatible with adjacent commercial uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. Minutes of the Golden Valley Planning Commission November 26, 2012 Page 7 7. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 8. The PUD plan meets the PUD Intent and Purpose provisions. Informal Public Hearing — Prelir Development (PUD) — Southeas Drive (The Colonnade) — PU-53, cant: Trammell Crow Com Address: Southeast Corner of Colonnade) Purpose: Vo allow for the uilding. Hogeboom referred to location map a construct a 173 -unit, maet-rate apartr existing Colonnade site at a corner of about the history of this site eluding th build office space, both of whic were n site plan and some renderings o e pr approvals are granted they would I ly staff is recommending approval of th and findings as listed in his staff report. Segelbaum asked staff to comment on any traffic issues. Hogeboom stated z for multiple family dwellings and t ' pre parked according to the City Co e. Hov spaces can vary. He added t t'the apl comfortable with 199 spac . He refers explained that it consider d all of the dE this area. Segelbaum ked if this prop, traffic, to any future velopment is this need to be done t he intersection if the Grimes added t t there has been sign) Avenue and G den Hills Drive and pari 394 and Xen' Avenue intersection. He intersectio orks versus office or coma inary Plan Review — Planned Unit Corner of Xenia Avenue and Golden Hills kmendment #4 rny .enia Avenue and Golden Hills Drive (The -uction of a 173 -unit, market -rate ,ap ent I explained that the applicafit is proposing to !nt building on the nort est corner of the enia Avenue and den Hills Drive. He talked r approval to bu' a hotel and their proposal to completed. showed the Commissioners a posed apa ent building and stated that if :gin co ruction in the spring. He stated that aimin PUD plans subject to the conditions iember of parking spaces being proposed and City ode requires 1.5 parking spaces per unit )osal h 199 parking spaces which is under - .ver this i,a PUD so the number of parking icant shoul a able to justify why they feel 1 to the traffi tudy done for this area and relopment and tential development proposed in sal will add limita ns, in regard to the amount of irea. Hogeboom s ' that improvements will re is full build -out of of the sites in this area. cant study done of the tersection of Xenia -ularly the way it affects a operation of the l- idded that housing is a benefit to the way the iercial uses. Cera st ed that there could potentially a almost 1,000 apartment units in this area and ZKf the market can absorb that ma new housing units. Hogeboom stated that some roposals are considered to be in ifferent markets. He said the sense he gets in g with others there is that there is om for more development in this type of . Grimes agreed and stated that the Metropolitan Council has said Golden Valley's valleyCitgoldcn Date: November 16, 2012 To: Planning Commission Planning Department 763-593-8095 / 763-593-8109 (fax) From: Joe Hogeboom, City Planner Subject: Informal Public Hearing - Final PUD Plan —The Tiburon Apartments PUD No. 111— Tiburon 55, LLC, Applicant Background and Description of Proposal Tiburon 55, LLC is seeking approval of a Planned Unit Development (PUD) Permit for the construction of a market rate apartment building to be located at 9130 and 9220 Olson Memorial Highway. Under this proposal, the 2.7 acre site would contain a six -story, 142 -unit apartment building. The apartment would feature a mix of studio apartments, one bedroom apartments, one bedroom -plus -den apartments and two bedroom apartments. The Preliminary PUD Plan was approved by the City Council on October 16, 2012. The 2.7 acre subject property was recently re -guided for long-term High Density Residential uses in the Comprehensive Plan, and was also recently rezoned "High Density R-4 Residential." These changes in land use designations and controls were requested by the City Council to accommodate this project. The City Council, acting in its role as the City's Housing and Redevelopment Authority (HRA), has requested that staff focus redevelopment efforts in this area. The HRA has established a "Renewal and Renovation Area" which will help to facilitate road improvements, pedestrian access and property rehabilitation for the area along Golden Valley Road between Boone Avenue and Mendelssohn Avenue. Justification for Consideration as a PUD Section 11.55 of City Code states that the PUD process is an optional method of regulating land use in order to permit flexibility in uses allowed, setbacks, height, parking requirements and number of buildings on a lot. Staff has determined that this application qualifies as a PUD because it achieves the following standards established in City Code: • Achieves a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. • Encourages preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. • Encourages creativity and flexibility in land development. • Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. • Allow mixing land uses and assembly and development of land to form larger parcels. • Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. • Achieve development consistent with the Comprehensive Plan. • Achieve development consistent with the City's redevelopment plans and goals. In order to be approved as a PUD, the City must be able to make findings which are specifically described in City Code. These findings are incorporated into staff's recommendation to the Planning Commission. Recommendation Staff recommends approval of the Preliminary Plan for the Tiburon Apartments PUD No. 111, considering the following findings of fact: • The City Engineer has studied the proposed development and the public infrastructure needed to support the proposed development, and the current public infrastructure is insufficient for the use described in the project plans submitted for the planned unit development. • The Planning Department has reviewed the project plans and indicated that the proposed development including the necessary public infrastructure improvements is not reasonably expected to occur solely through private investment within the reasonable foreseeable future. • The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. • The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features. • The PUD plan includes efficient and effective use of the land for multi -family residential. • The PUD plan results in development compatible with adjacent commercial uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. • The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. • The PUD plan meets the PUD Intent and Purpose provisions. And subject to the following conditions: 1. The plans prepared by UrbanWorks Architecture, dated October 25, 2012, submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated November 6, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated November 20, 2012, shall become a part of this approval. 4. A Park Dedication Fee of $16,300 shall be paid by the developer prior to approval of the Final PUD Plan. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 7. The Developer shall work to enhance the Landscaping Plan to include more landscaped areas and, if possible, less impervious surfaces. The Developer shall coordinate landscaping efforts with the City's Highway 55 Lilac Planting initiative. 8. To the extent possible, the Developer shall improve the pedestrian connection from Golden Valley Road to the front door of the building. 9. Final PUD approval will be dependent upon the City's approval and effectuation of a tax increment financing district within the project area to fund the necessary public infrastructure requirements, to be installed by the City, including among other items, street realignment, pedestrian improvements, street lighting, sanitary sewer lining, and overhead power line burial. Attachments • Location Map (1 page) • Minutes of the September 10, 2012 Planning Commission Meeting (7 pages) • Memo from City Engineer Jeff Oliver and Public Works Specialist Eric Eckman dated November 20, 2012 (6 pages) • Memo from Deputy Fire Marshal Ed Anderson dated November 6, 2012 (2 pages) • Applicant's Narrative (20 pages) • Conceptual Drawings (2 pages) • Site Plans (15 oversized pages) Date: November 20, 2012 Public Works Department 763-593-8030 / 763-593-3988 (fax) To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Enginee Eric Eckman, Public Worksecialist Subject: Final PUD Plan Review—The Tiburon Apartments (9130 & 9220 Olson Memorial Highway) Public Works staff has reviewed the Final PUD Plans for The Tiburon Apartments. The proposed subdivision is located at 9130 & 9220 Olson Memorial Highway in the northeast quadrant of the intersection of Trunk Highways 55 and 169. The redevelopment consists of combining two existing commercial properties to construct a six -story, 142 -unit, market -rate apartment building. The comments contained in this review are based on the plans submitted to the City on October 25, 2012. A PUD Development Agreement will be drafted by the City which will outline the conditions and costs associated with the development. Site Plan This redevelopment will consolidate two commercial properties to create one lot for the approximately 225,000 square foot apartment building. The two vacant commercial buildings include a former bowling alley and an office that will be demolished as part of the project. The new apartment building has an enclosed parking garage below the units (at ground level) that will provide 142 parking spaces, as well as two surface parking lots that will provide 69 spaces. The two existing driveways onto Golden Valley Road will be removed and replaced with one main entrance near the center of the site. A Right -of -Way Permit is required for driveway work and for all excavations and obstructions in public right-of-way. Additionally, the Developer or Contractor will be required to obtain the appropriate permits for all activities associated with demolition and removals prior to commencing work. G:\Developments - Private\Tiburon 9130 & 9220 Olson\Tiburon_Final PUD review.docx Traffic and Access Management The existing street system in the vicinity of this development is adequate to accommodate the new vehicle trips generated by the development. However, the intersection of Golden Valley Road, Decatur Avenue and Trunk Highway 55 has existing operational issues that are currently being evaluated. While adequate capacity is present at the intersection, modifications are being considered to maximize safety and efficiency. The developer is proposing to construct a twenty -foot -wide access road for fire protection around the building. Although alternative options for providing fire protection to the building were considered by the developer, and would result in less impervious surface on the site, the access road being proposed in the Final PUD Plans is acceptable to the City. The City's Comprehensive Plan shows proposed sidewalks along Mendelssohn Avenue, Golden Valley Road, Decatur Avenue, and 7th Avenue from Plymouth Avenue to Boone Avenue. The development is adjacent to this route and therefore the Developer will be required to construct a new public sidewalk and pedestrian facilities on the south side of Golden Valley Road, along the entire length of the property. This includes the construction of a six-foot concrete walk, curb ramps, and traffic control meeting City Standards and Americans with Disabilities Act (ADA) guidelines. Future City improvement projects in this area will include sidewalk construction to provide a more complete pedestrian system in this portion of the City. The Developer will construct the pedestrian facilities and the City will permanently own and maintain the facilities. Because the sidewalk and pedestrian facilities are public improvements, the Developer will be required to post a letter of credit in the amount specified by the City for construction of the improvements. These costs will be detailed in the PUD Development Agreement drafted by the City. Preliminary Plat The property proposed for redevelopment was previously unplatted and there are no recorded easements running in favor of the City. The site survey indicates that the north property line is the centerline of Golden Valley Road and references County Board Proceedings as providing an "easement" over the north 33 feet. The Developer submitted a revised preliminary plat dated November 12, 2012, which adequately shows the dedication of public right-of-way over the north 33 feet of the property. The City's Subdivision Ordinance requires 10 -foot drainage and utility easements on the plat boundaries and 12 -foot easements centered on all interior lot lines. The preliminary plat for this development shows the required easements consistent with the City's Subdivision Ordinance. Utility Plan The City's sanitary sewer and water systems that provide service to these properties have adequate capacity to accommodate the proposed redevelopment. The Developer has demonstrated that extension of services is possible as shown on the Utility Plan. G:\Developments - Private\Tiburon 9130 & 9220 Olson\Tiburon_Final PUD review.docx According to the City's record drawings, there are three sewer laterals serving the existing property. The Developer proposes to remove all existing laterals from the buildings to the main located in Golden Valley Road. The Utility Plan submitted for permitting must show the existing utilities identified for removal. A new six-inch PVC sanitary sewer lateral will be constructed to serve the apartment building. The sewer service lateral will be owned and maintained by the property owner, consistent with City Code. City record drawings indicate there are three water services serving the existing property. The Developer proposes to remove all existing water services from the buildings to the main located in the boulevard south of Golden Valley Road. The plans include the construction of one four -inch domestic water service, one six-inch fire protection line, and two six-inch hydrant leads. The shut- off valves for the domestic service and the fire service are located in the public right-of-way and will be owned and maintained by the City. The domestic service, the fire service, and the hydrant services and auxiliary valves will be owned and maintained by the property owner. A Maintenance Agreement pertaining to the hydrants and auxiliary valves must be signed and recorded prior to final plat approval. The Developer or Contractor will be required to obtain the appropriate Sewer and Water Permits from the City for the removal and installation of the sanitary sewer and water services. In addition, permits may be required from MCES and MnDOT for work within their respective easements and rights-of-way. A City Right -of -Way Permit is required for the obstruction or excavation of City streets and right- of-way. The plans show that Golden Valley Road will be open cut in several locations; therefore, a Right -of -Way Permit is required for the work. In addition, because the City overlaid Golden Valley Road with new asphalt in 2012, an increased level of restoration is required for this roadway. According to City standards, cutting a pavement less than five years old requires a full -width pavement mill and overlay at a length determined by the City Engineer. In this case, the mill and overlay will extend from the west lot line to the east lot line. The City will perform the work at the Developer's expense following the utility and driveway installation. The cost of restoration will be determined by the City and the Developer will be required to post a financial deposit in an amount sufficient to cover the improvements. The costs will be detailed in the PUD Development Agreement drafted by the City. The City has an Inflow and Infiltration (1/1) Ordinance that requires the sanitary sewer service to be brought into compliance when developing or subdividing a property. The Developer is proposing to remove the existing sewer laterals to the main. The new lateral will require an 1/1 permit and inspection upon construction. The new lateral must achieve compliance with the 1/1 Ordinance prior to occupancy of the building. In order to ensure that the existing laterals are removed, the Developer will be required to include a security in the required letter of credit in an amount determined by the City for the work required to achieve compliance with the City's 1/1 Ordinance. These costs will be detailed in the PUD Development Agreement drafted by the City. G:\Developments - Private\Tiburon 9130 & 9220 Olson\Tiburon_Final PUD review.dou 3 Stormwater Management and Grading The property being redeveloped is located within the Main Stem sub -district of the Bassett Creek Watershed and is therefore subject to the review of the Bassett Creek Watershed Management Commission (BCWMC). This project is considered a redevelopment with a proposed decrease in impervious surface area. Upon approval of the Final PUD Plans by the City, the BCWMC will review the plans for compliance with its water quality standards. The Developer has proposed stormwater quality treatment facilities and runoff rate control as part of this redevelopment. This includes an underground pipe gallery for rate control and volume reduction (through infiltration), rooftop rate control on the upper level roof, and sump catch basins placed upstream of the pipe gallery to capture sediment and phosphorus. In addition, the Developer's engineer has indicated that approximately 10,000 square feet of "green roof" is included in the design of the lower level roof of the building. The City has reviewed the design of the storm sewer system, the underground pipe gallery, and the "green roof" and recommends the following revisions prior to submittal to the BCWMC: 1. Add more access manholes to the underground pipe gallery. In general, there should be at least two more access manholes evenly spaced along the pipe gallery and manholes at each pipe connection to the pipe gallery. 2. Upsize all storm sewer pipes smaller than 12" in diameter (excluding the two roof leads) to a minimum of 12" in diameter for maintenance purposes. 3. Include the design details and specifications for the green roof areas. Clearly show on the plans the locations of all green roof areas, including catch basins, subsurface drains, and piping. 4. Add SAFL baffles to all proposed sump storm sewer manholes to maximize sediment removal prior to the underground infiltration device. The Developer will be required to enter into a Maintenance Agreement for the stormwater quality treatment facilities onsite. The agreement will be drafted by the City and must be signed, prior to approval of the final plat. This redevelopment is subject to the City's Stormwater Management Ordinance. A City Stormwater Management Permit will be required before the start of construction activity and will be issued after approval from the BCWMC is received. Tree Preservation Plan and Landscape Plan This development is subject to the City's Tree Preservation Ordinance and Minimum Landscape Standards. The City Forester has reviewed the plans and inspected the site. The Developer has proposed the removal of significant trees and has provided a plan for mitigation. Therefore, a Tree Preservation Permit is required for this redevelopment. The City Forester will review the Tree Preservation Plan and Landscape Plan in more detail at the time of permit review. As part of the PUD Development Agreement, the Developer must provide to the City the estimated cost for G:\Developments - Private\Tiburon 9130 & 9220 Olson\Tiburon_Final PUD review.docx 4 landscaping shown in the plans. The Developer will be required to include 125% of the estimated cost of landscaping in the letter of credit provided to the City. These costs will be outlined in the PUD Development Agreement drafted by the City. The landscape plantings must survive a two- year warranty period and will be inspected by the City two years after project completion. Summary and Recommendations Public Works staff recommends approval of the Final PUD Plans for The Tiburon Apartments, subject to the comments contained in this review. These comments are summarized as follows: 1. The Developer must enter into a Maintenance Agreement for the maintenance of the private hydrants and auxiliary valves, as discussed in this review. A Right -of -Way Permit will be required for the excavation of Golden Valley Road and the street must be restored to City standards prior to the City's mill and overlay, as discussed in this memorandum. 3. The property must become compliant with the City's Inflow and Infiltration Ordinance prior to occupancy of the new building. 4. Revisions to the storm sewer system, underground pipe gallery, and green roof must be completed prior to submittal to the BCWMC for project approval. 5. The Developer must enter into a Maintenance Agreement for the stormwater quality treatment facilities onsite, as discussed in this review. 6. The Developer and its contractors must obtain the appropriate permits prior to construction activity, as discussed above. 7. The Developer must enter into a PUD Development Agreement, provide a letter of credit, pay all fees, and post all securities and/or deposits as determined necessary in this or subsequent reviews. In specific, the Developer must: a. provide a letter of credit to the City as a guarantee that the following items will be completed, as discussed in this review: i. Sidewalk and pedestrian improvements ii. Inflow/Infiltration compliance iii. Landscaping installation and warranty b. Post a financial deposit for the City to perform the restoration (mill and overlay) of Golden Valley Road as discussed in this review. G:\Developments - Private\Tiburon 9130 & 9220 Olson\Tiburon_rinal PUD review.docx Approval is also subject to the comments of other City staff, the BCWMC, and other agencies. Please feel free to call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Mitch Hoeft, Engineer Al Lundstrom, Parks Maintenance Supervisor and City Forester Bert Tracy, Public Works Maintenance Manager Dave Lemke, Utilities Maintenance Supervisor Joe Hogeboom, City Planner Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall G:\Developments - Private\Tiburon 9130 & 9220 Olson\Tiburon_final PUD review.doa 6 r Fire Department 763-593-8079 / 763-593-8098 (fax) Date: November 6, 2012 To: Mark Grimes, Director of Planning and Zoning cc: Mark Kuhnly, Chief of Fire and Inspections Jeff Oliver, City Engineer From: Ed Anderson, Deputy Fire Marshal Subject: PUD Final Plan For Tiburon Apartments The fire department staff has reviewed the final PUD site plan dated 10/10/12. Listed below are the staff comments. 1. The site plan indicates a fire department apparatus access road around the entire south side of the building site. 2. The site plan indicates that the fire code requirements for the minimum width of the road and the proper turning radius have met the intent of the Minnesota State Fire Code. 3. The site plan does indicate the placement of the "No Parking Fire Lane" signage and stationary steel post to be installed in accordance with the Golden Valley City Ordinance. 4. The proposed fire department apparatus access road shall be labeled and identified on a final survey of the property and site of the proposed building. The final survey shall indicate the required property lines and property irons for this development. If the fire department apparatus access road is compromised, then additional fire safety feature will be installed. 5. The vertical clearance for the fire department apparatus access road is minimum 13'6" of clearance. 6. The fire department apparatus access road shall be designed and installed to support the imposed weight of the heaviest fire apparatus vehicle and shall be surfaced so as to provide all weather driving capabilities. 7. The water supply for the design of the proposed site shall be capable of supplying the required fire flow water for the building site. 8. The fire flow requirement for the building or portion of the building and facilities shall be determined by the proposed facilities, building or portion of the building, location, type of construction type use of the building and all floor levels. 9. The fire hydrants located on the site plan will be required to be installed on this site in accordance with the City of Golden Valley Public Works Department and Minnesota Health Department. Private fire hydrants located on private property shall be identified with red paint in color. 10. The installation of Class 1 standpipes will be required for the garage level and all other levels of the proposed building. 11. The installation of the fire suppression system will be required for the garage and all other levels of the building. The installation of the fire suppression system shall be a zone system for each floor and level of the building. 12. The fire alarm system for the garage and building site will be required to be installed in accordance with Minnesota State Fire Code and the Golden Valley Fire Department current standards on installation and maintenance of the fire alarm system. 13. The location of the concrete bollard with chain located on the fire department apparatus road shall be a break -a -way chain or provide a KnoxBox or padlock with chain. 14. The site plan does indicate the installation of a post indicator valve (PIV) for the fire suppression system for the building. The installation of the PIV shall be in accordance with recognized fire code standards. The PIV shall be protected from vehicular impact. 15. The site plan indicated that generator and electrical transformer pads will be installed on the east side of the building site. Protective bollards for vehicular protection shall be installed in accordance with Minnesota State Fire Code. If you have any questions, please contact Fire Chief Mark Kuhnly at 763-593-8080, or me at 763-593- 8065. ea/jl Tiburon 55,c 5000 Glenwood Avenue South, Suite 200 1 Minneapolis, MN 55422 October 25, 2012 Mr. Mark Grimes Director of Planning & Development Golden Valley City Hall 7800 Golden Valley Road Golden Valley, MN 55427 Dear Mr. Grimes, Attached please find the Final PUD Plan application for The Tiburon Apartments in Golden Valley. Included are the following items: • Application (including Addendum) Narrative Statement • Traffic Study and Analysis • Project Renderings • Preliminary Code Analysis • Grading, Drainage and Erosion Control Plan • Utility Plan • Paving & Geometric Plan • Storm Water Pollution Prevention Plan • Site Plans • Landscape Plans • Site Lighting and Photometric Plan • Building Floor Plans • Building Elevations & Perspective Views • Signage Drawings We look forward to continuing our work with the City and community on this project. Please feel free to contact us with any questions you might have concerning this application and its contents. Sincerely, TiBURON 55, LLC Frank C. Dunbar Steven J. Dunbar Chief Manager Deputy Chief Manager P.U.D.. Number City of Golden Valley Application for Consideration of Planned Unit Development Ordinance Final Plan of Development Date of Application: 10.25.12 *Fee Paid ($400.00) All information — including agendas, staff reports and hearing notices will be sent to the Authorized Representative. Applicant Information Name: Tiburon 55. LLC Mailing Address: 5000 Glenwood Avenue, Suite 200 Minneapolis, MN 55422 Daytime Phone: 763.377.7090 E -Mail Address: steven.dunbar(a)-iw3rop.com Authorized Representative, if other than A licant: Name: UrbanWorks Architecture LLC Mailing Address: 901 N. 3rd Street Minneapolis, MN 55401 Daytime Phone: 612.455.3121 Pax: 612.455.3199 E -Mail Address: nbiy@urban-works.com, nreardon(&urban-works com Property Owner Name: Tiburon 55, LLC Mailing Address: 5000 Glenwood Avenue, Suite 200 -Minneapolis, MN 55422 Street Location and/or Address of Property Included in P.U.D.: 9130 & 9220 Olson Memorial Highway (to be renamed as 9XXX Golden Valley Road Legal Description (Attach separate sheet if necessary): Please see addendum Type of Proposal: Small Area: Large or Complex Area: Residential: 11-4 Commercial: Industrial: Business & Professional Office: .institutional Mixed Use: Redevelopment Area: General Plan Requirements (For all areas): Complete Site Plan: Yes Landscape Plan: Yes Complete Plans for Sidewalks to Service Parking, Recreation, and Service Areas within the Proposed Development: Yes Complete Plans for Storm Water and Surface Water Drainage System: Yes Preliminary Architectural Plans: Yes Information Indicating Exterior Wall finishes for All Principal and Accessory Structures: Yes Complete Data as to Dwelling Unit Sizes: Yes Preliminary Plat: Yes Final Plat: No (will follow at later date) Development Agreement: Eighteen (18) copies of the above material, with all required supplemental information appropriately signed by a registered architect, registered engineer, or registered land surveyor where required: Yes Copies of all covenants, by-laws of owners association, and Abstract of Title or Registered Property Certificate submitted to City Attorney for examination: Present Zoning of Property: Commercial Proposed Use of Property (Be explicit, attach additional pages if necessary): It is proposed that the jroperly be developed into a six story, 142 -unit market -rate apartment building with an outdoor swimminq_pool recreation area and green roof deck (Please see addendum for additional information.) Number of Structures: 1 Type: Multi -Family Residential Height: 72' (Ft.) No. of Stories: 6 Amenities and/or Recreational Facilities (i.e. Pool, Playground, Ballfield, etc): outdoor swimming pool; recreation area; green roof deck Number of People Intended to Live and/or Work on Site: Adults: 163 — 212 Children: 0 Number of Off -Street Parking Spaces Proposed: Enclosed: 142 Non -Enclosed: 69 Total Acres of Land in P.U.D.: 2.57 Acres Density (No. of Units per Acre): 55 units / acre Indicate the. Following Data. by Percentages: Area of P.U. D. Covered by Structures: 47.3 Area of P.U.D. Covered by Outside Parking (non -enclosed): 18.7 % Area of P.U.D. Covered by Interior Streets: 12.9 % Area of P.U.D. to be Landscaped: 14.3 % Area of P.U.D. to be Paved Sidewalk: 1.1 % Natural Area and/or Open Space: 5.7 % Ponding Area: 0 Zoning Variances: List below all variances from the standard zoning requirements that will be requested if this P.U.D, is approved, and the justification for the City Council to grant such variances (attach additional sheets if needed). Rezoneprope& to RA Request variance to allow for Maximum Height to be 72 feet Request variance to allow for Lot Coverage to be 67% impervious surfaces Request variance to allow for 69 Parking Stall Dimensions to be 9 x 18 ft minimum Request variance to allow for Drive Aisle width to be 22 ft minimum Request variance to allow for 3 Compact Parking Stalls, .Q 0 8 x 15 ft.; 10 9-x 16 %) Request variance to allow parldng & monument sign to be located within north Front Yard Setback Request variance to allow for south Front Yard Setback to be 20 ft minimum Request variance to allow for monument slan to be located within north Drainage & Utility Easement Please see addendum for ' sfification of above variances. I hereby declare that all statements made in this application, and on additional material, are true to the best of my knowledge. -, S06iture it Property; ate I1 "Z Sibnatilre of Prop4p goner Dale The Tiburon Apartments Final PUD Application NARRATIVE STATEMENT 10.25.12 The development of The Tiburon Apartments will meet the purpose and other provisions of Golden Valley's PUD Ordinance in the following manner: Fostering More Efficient and Effective Land Use Currently occupied by vacant, single -story structures, the redevelopment of the site into a dynamic multi- story residential community would represent a far more efficient and effective land use than is currently employed. The project would not only increase population and building density, but also improve the quality of design, landscaping and building materials employed in the area. Enhancing Visual Character The replacement of two non-descript structures with a more prominent and attractively designed new building will undoubtedly enhance the visual character of the neighborhood. Clad in an assorted blend of contemporary finishes, the new structure would be highly visible from both Highways 55 and 169, helping to ground the intersection and serve as an orienting landmark within the area. Additionally, the building's multitude of balconies and large green roof deck will create dynamic visual activity, adding vertical vibrancy to the public realm. Providing Greater Housing Diversity Designed to meet the needs of young professionals who work in the area and are part of the community, the project would help to meet an increased demand in quality rental housing, provide a more diverse selection of housing opportunities, foster a greater population of "Gen Y" households, and encourage closer live/work proximities within the City. Supporting Economic Development An investment in the area and increase in residential density would serve to support the economic growth of area businesses and encourage continuing development in the area. The site's proximity to a wide variety employers, restaurants, and recreational venues suggest that it is well-positioned to foster the development of an engaging live/work/play environment within the community The Tiburon Apartments Final PUD Application 10.25.12 OPERATIONAL COMPONENTS Refuse Disposal Plans All refuse including recyclable and non-recyclables will be stored in the trash room located on the parking level (level 1). A trash chute accessible from the middle area of each level of the building terminates in this trash room. Management staff will move trash receptacles to the east side of the building for trash pickup at the necessary intervals. All trash will be sorted per the recycling requirements of the City of Golden Valley. Si na e The signage of this development will abide by the city ordinances outlined in Section 4.20 of the Golden Valley City Code. Signage will fall under the categories of address signage, identification signage, or monument signage. The sign design, style, locations, size, height and materials as well as their context within their surroundings can be found within the architectural drawings in this submittal. Exterior Lighting The exterior lighting locations and types can be found on the Site Lighting and Photometric Plan within the submitted drawing set. Building mounted exterior lighting will be used on three elements at the crown of the building. See building elevation within the drawing set. Population The population is estimated to be 163 and 212 adults. The target market demographic is young professionals with the western suburban Twin Cities metro area. See 'Providing Greater Housing Density' section above. The Tiburon Apartments Final PUD Application 10.25.12 ADDENDUM Legal Description 9130 Olson Memorial Highway W 211 14/100 FT OF E 291 14/100 FT OF THAT PART OF NW 1/4 OF SW 1/4 LYING S OF MPLS WATERTOWN ROAD AND N OF STATE HWY NO 55 9220 Olson Memorial Highway THAT PART OF NW 1/4 OF SW 1/4 LYING E OF W 749 8/10 FT THOF AND W OF E 291.14 FT THOF N OF STATE HWY NO 55 AND S OF WATERTOWN ROAD Proposed Use of Property The proposed project, The Tiburon Apartments, concerns the development of a six -story, 142 -unit, market - rate apartment building on a 2.57 acre site near the intersection of Highway 55 and US Highway 169. Comprised from a diverse mixture of studio, one bedroom, one bedroom + den, and two bedroom dwelling units, the facility would also offer a generous complement of resident amenities, including a theatre, fitness area, club room and outdoor swimming pool/recreation area. As currently designed, the facility provides 142 enclosed and 69 surface parking spaces. The building's main entrance and enclosed parking garage are to be located off of Golden Valley Road at ground level and supported by a precast concrete structure. The above residential levels would be constructed with a type IIIA wood frame and capped by a flat roof. It is expected that the building's exterior facades would be clad in an assorted blend of contemporary finishes, including brick and fiber cement siding; punctuated by a rhythm of large window openings; and articulated by bands of private balconies accompanying the individual residential units. To best maximize the high visibility of the building from multiple viewpoints and to enhance its prominent positioning along Highway 55, all facades will receive a high level of aesthetic consideration. The approximately 225,000 square -foot, U-shaped building would be situated on its site so that the main entrance fronts Golden Valley Road. Two on-site surface lots are planned to accommodate visitor parking. It is intended that the grounds surrounding the site be conscientiously illuminated and aesthetically landscaped through a variety of plantings and organic materials. Zoning Variances Request variance to allow for Maximum Height to be 72 ft. and 6 stories versus 60 ft. and 5 stories In order to develop market rate apartments at this location, it is necessary to construct the building at six - stories. As ground floor units are very difficult to lease, the building's lowest level is most effectively utilized as enclosed parking. Only the very highest point of the building, the stair and elevator shafts, will reach 72 ft. The flat roof is located at 65 ft. and parapets at 67-72 ft. The proposed building height will in no way detrimentally affect access to light and air from the surrounding properties; cast shadows on residential properties; or obstruct views to adjacent businesses, landmark buildings or significant public spaces. Request variance to allow for Lot Coverage to be 67% impervious surfaces versus 60% In order to provide the required amount of parking and a fire access road constructed of "an all-weather driving surface of asphalt or concrete cable," an increase in the amount of impervious surface is necessary. This 67% calculation of impervious surfaces includes the portion of the green roof / patio that is hard-scape (concrete). It does not include the portion of the green roof / patio that is soft-scape (grass). Underground retention tanks would be utilized as a means of sensitively managing the site's storm water from impervious surfaces. Request variance to allow for 69 Parking Stall Dimensions to be 9 x 18 ft. minimum versus 9 x 18.5 ft. and Request variance to allow for Drive Aisle Width to be 22 ft. minimum versus 24 ft. minimum Due to necessity to provide a fire access lane around the building, the most effective and efficient use of land requires that the exterior surface parking stalls and lanes be slightly reduced. This minor adjustment results in a 6 in. reduction in the depth of parking stalls, and a 2 ft. reduction in the drive aisle of the surface parking lot. Request variance to allow for 3 Compact Parking Stalls, (dimensions to be 8 x 16 ft. minimum) To most efficiently utilize the available floor space in the enclosed parking garage, 3 of the 142 parking spaces would need to be designated as compact stalls. 2 stalls with the dimensions of 8 x 15 ft., and 1 stall with the dimensions of 9 x 16 ft. These measurements fall well within the accepted conventions for compact parking space size (7.5 x 10 ft. minimums). The remaining 139 spaces in the garage would meet the 9 x 18.5 ft. requirements. Request variance to allow Parking and Monument Sign to be located within North Front Yard Setback Consistent with the effective and efficient use of land on the site, the parking would need to be located with the 25ft. minimum setback on the north Front Yard. Additionally, the only structure that would be located within this setback would be the Entry Monument Sign. For size and specifics about this sign, see drawing A901 in this submittal. Request variance to allow for south Front Yard Setback to be 20 ft. minimum versus 25 ft. minimum The unusual nature of the site creates a condition in which the property has two front yards and no rear yard. From the perspective of the building's front yard along Golden Valley Road, the setback falls readily within zoning standards. However, from the Highway 55 perspective, the property line's erratic profile creates various intervals that would necessitate a 20 ft. minimum dimension. Despite this reduced setback, the property's abutment to Highway 55 would continue to provide a generous buffer between the furthest edge of the building and the adjacent land use. Request variance to allow for Monument Sign to be located with north Drainage & Utility Easement See description in the above variance regarding the entry monument sign. P(^yLANNCRS lJ F:SiGNFRS (`an5ulting Graaup, Inc. SRF No. 0127860 FINAL -DRAFT MEMORANDUM TO: Joseph S. Hogeboom, City Planner CITY OF GOLDEN VALLEY FROM: Craig Vaughn, P.E., PTOE, Senior Associate Emily Gross, Engineer DATE: October 26, 2012 SUBJECT: TIBURON DEVELOPMENT TRAFFIC STUDY GOLDEN VALLEY, MN INTRODUCTION As requested, SRF Consulting Group has completed a traffic study for the proposed Tiburon residential development located in the northeast quadrant of TH 169 and TH 55 in the City of Golden Valley (see Figure 1: Project Location). The main objectives of this study are to review existing operations within the study area, evaluate traffic impacts to the adjacent roadway network and recommend any necessary improvements to accommodate the proposed development. The following memorandum provides the assumptions, analysis and study recommendations offered for consideration. EXISTING CONDITIONS The existing conditions were reviewed to establish a baseline to compare and determine any future impacts associated with the proposed development. The evaluation of existing conditions includes a.m. and p.m. peak hour intersection turning movement counts, field observations and intersection capacity analysis. Data Collection Intersection turning movement counts were collected by SRF during the week of September 17, 2012 at the following study intersections during the weekday a.m. and p.m. peak periods: • TH 55 and Golden Valley Road • TH 55 and General Mills Boulevard/Boone Avenue • Boone Avenue and Golden Valley Road/7th Avenue • Decatur Avenue and 7th Avenue • Decatur Avenue and Golden Valley Road Historical annual average daily traffic (AADT) volumes, provided by the Minnesota Department of Transportation (MnDOT), were also reviewed. www.srfconsul ting. coni One Carlson Parkway North, Suite 150 1 Minneapolis, MN 554474413 1743.475.(i(Y10 Fax: 763.475.2429 An Equal Oppammity Empiaalrr 961 \i I Project Location t'.unsuiting Group, Inc. Tiburon Development Traffic Study Figure 1 0127860 City of Golden Valley October 2012 Joseph S. Hogeboom, City Planner October 26, 2012 City of Golden Valley Page 3 In addition to the peak hour intersection turning movement counts, observations were completed to identify roadway characteristics and current traffic operations within the study area (i.e. roadway geometry, posted speed limits, traffic controls and queuing). Currently, TH 55 is a four -lane divided roadway with turn lanes and a posted speed limit of 55 miles per hour (mph). Boone Avenue/General Mills Boulevard is a two-lane roadway, which expands to a four -lane roadway near TH 55. To the south of TH 55, General Mills Boulevard has a posted speed limit of 40 mph, and to the north of TH 55, Boone Avenue has a posted speed limit of 30 mph. The other study roadways (7th Avenue, Golden Valley Road, and Decatur Avenue) are two-lane minor collector roadways with 30 mph posted speed limits. The intersections of TH 55/General Mills Boulevard/Boone Avenue and Boone Avenue/Golden Valley Road/7th Avenue are currently signalized while the remaining study intersections have side -street stop control. Existing geometrics, traffic controls, and traffic volumes within the study area are shown in Figure 2. Intersection Operations Analysis An operations analysis was conducted to determine how traffic is currently operating at the study intersections. All intersections were analyzed using Synchro/SimTraffic and the Highway Capacity Manual (HCM) software. It should be noted that where unsignalized intersections are in close proximity to signalized intersections, the signalized intersections can have a significant affect on the overall operations of the unsignalized intersections. To account for this impact, Synchro/SimTraffic results were reported for all of the study intersections, including unsignalized intersections, since this microscopic model accounts for queuing and spillback from adjacent intersections. Capacity analysis results identify a Level of Service (LOS) which indicates how well an intersection is operating. Intersections are given a ranking from LOS A through LOS F. The LOS results are based on average delay per vehicle, which corresponds to the delay threshold volumes shown in Table 1. LOS A indicates the best traffic operation and LOS F indicates an intersection where demand exceeds capacity. LOS A through D is generally considered acceptable by drivers in urban metropolitan areas. Table 1 Level of Service Criteria LOS Designation Signalized Intersection Average DelayNehicle (seconds) Unsignalized Intersection Average DelayNehicle (seconds) A < 10 < 10 B 10-20 10-15 C 20-35 15-25 D 35-55 25-35 E 55-80 35-50 F 80 < 50 < 161 IN Existing Conditions C:unsuhing Croup, inr:. Tiburon Development Traffic Study Figure 2 0127860 City of Golden Valley October 2012 Joseph S. Hogeboom, City Planner October 26, 2012 City of Golden Valley Page 5 For side -street stop controlled intersections, special emphasis is given to providing an estimate for the level of service on the side -street approach. Traffic operations at an unsignalized intersection with side -street stop control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total number of vehicles entering the intersection and the capacity of the intersection to support those volumes. Second, it is important to consider the delay on the minor approach. Since the mainline does not have to stop, the majority of delay is attributed to the side -street approaches. It is typical of intersections with higher mainline traffic volumes to experience high levels of delay (poor levels of service) on the side -street approaches, but an acceptable overall intersection level of service during peak hour conditions. Side -street delays of approximately 90 seconds or less is generally considered acceptable by drivers in urban metro areas and typically does not warrant mitigation. Results of the existing operations analysis shown in Table 2 indicates that all study intersections are currently operating at an acceptable overall LOS D or better during the a.m. and p.m. peak hours, with existing traffic controls, geometric layout, and signal timing. As shown, the side - street approach of Golden Valley Road at TH 55 is currently experiencing a LOS F with an average delay of 64 seconds during the p.m. peak hour. Existing signal timing, obtained from MnDOT was used for the existing analysis. Table 2 Existing Conditions Level of Service (LOS) Results Intersection Peak Hour Level of Service A.M. Peak Hour P.M. Peak Hour LOS Delay LOS Delay TH 55 and Golden Valley Road A/B 12 sec. AN 64 sec. TH 55 and General Mills Boulevard/Boone Avenue D 42 sec. D 47 sec. Boone Avenue and Golden Valley Road/7th Avenue B 12 sec. B 16 sec. Decatur Avenue and 7th Avenue A/A 3 sec. A/A 5 sec. Decatur Avenue and Golden Valley Road A/A 4 sec. B/C 20 sec. Indicates an unsignalized intersection with side -street stop control. Overall LOS is followed by the worst approach LOS. The delay shown is for the approach with the highest level of delay. Although the overall intersections operate at an acceptable level of service, significant queues were observed in the traffic simulation and verified in the field. During the a.m. and p.m. peak hour at the TH 55/General Mills Boulevard/Boone Avenue intersection, 95th percentile queues along the eastbound approach extend approximately one-quarter mile, approaching the TH 55/TH 169 interchange during the a.m. peak hour. In addition, the 95th percentile queues on the northbound approach extend approximately 1,000 feet during the p.m. peak hour. To address the queuing issues during the peak periods potential improvements may include signal timing optimization or additional turn lane capacity for the northbound right -turn movement. However, to accurately assess the impacts of the proposed development, no improvements were assumed for the future build conditions. Joseph S. Hogeboom, City Planner October 26, 2012 City of Golden Valley Page 6 During the p.m. peak hour at the TH 55/Golden Valley Road intersection, southbound queues extend through the Decatur Avenue/Golden Valley Road intersection during approximately 30 percent of the peak period. As a result, the 95th percentile queues at the Decatur Avenue/Golden Valley Road intersection extend approximately 120 feet and 110 feet in the eastbound and southbound directions, respectively. At the TH 55/General Mills Boulevard/Boone Avenue intersection a number of individual movements operate at LOS F during the peak periods including the left turns on all approaches, the northbound and southbound through movements and the northbound right turn. Furthermore, at TH 55 and Golden Valley Road, the southbound right -turn movement currently operates at a LOS F during the p.m. peak hour. Detailed delay and queuing reports are provided in the appendix. PROPOSED DEVELOPMENT The proposed development is located along Golden Valley Road in the northeast quadrant of TH 169 and TH 55. The proposed site plan consists of a five -story apartment building with 142 rental units and a single access point onto Golden Valley Road. TRAFFIC FORECASTS Construction of the proposed development is expected to be completed in the year 2014. Therefore, traffic forecasts for build conditions were developed for year 2015 build conditions (one year after construction). These forecast volumes take into account background growth on the adjacent roadway system and estimated trips generated by the proposed development. To determine the general annual background growth rate, historical ADT volumes and the City of Golden Valley Comprehensive Plan (2008-2018) were considered. Based on this review, historical ADT volumes have declined or remained the same in the area since 2001 (based on MnDOT AADT volumes). However, to provide a conservative estimate, an annual growth rate of one-half percent was applied to the existing peak hour volumes to develop year 2015 background traffic forecasts. To account for traffic impacts associated with the proposed development, trip generation estimates for the a.m. and p.m. peak hours and on a daily basis were developed. Trip generation estimates for the proposed apartment complex were developed using the ITE Trip Generation Handbook, 8th Edition. Table 3 shows the expected trip generation for the proposed development. Table 3 Trip Generation Estimates ITE Code Land Use Size Daily Trips A.M. Peak P.M. Peak In Out In Out 220 Apartments 142 units 944 14 58 57 31 O F SS F vl I_.________________—______________—__� I i i € ° ' A ° ° P B F i S 0 S ° ❑ ❑ 1 1 1 1 1 ? I t j i P s F A I F a A V I I® ni Ti S I A i 11 A i A i I A i A i � a Y A i 1 S i A A I i A A A A I I I 4�aN ipo uuld 911S£O6ld\sejnBIJ\Sl\098L\sloa(ad\:H :Wf C a m 17 T U EFE 2 F- F- U Joseph S. Hogeboom, City Planner October 26, 2012 City of Golden Valley Page 8 Based on the trip generation estimates, the proposed development is expected to generate 72 a.m. peak hour trips, 88 p.m. peak hour trips and 944 daily trips. The peak hour trips were distributed through the study area based on the directional distribution shown in Figure 4. The directional distribution was developed using a combination of existing travel patterns and historical ADT volumes within the area. The combination of background traffic and trips generated by the proposed development, which represents the year 2015 build traffic volumes, is shown in Figure 5. YEAR 2015 BUILD CONDITION To determine impacts to the existing roadway network for the year 2015 build traffic forecasts, a detailed traffic operations analysis was conducted. The study intersections were analyzed using a combination of Synchro/SimTraffic and the HCM. Results of the year 2015 operations analysis with the proposed development is shown in Table 4. The results indicate that all study intersections are expected to operate at an acceptable overall LOS D or better during the a.m. and p.m. peak hours. Table 4 Year 2015 Build Conditions Level of Service (LOS) Results Intersection Peak Hour Level of Service A.M. Peak Hour P.M. Peak Hour LOS Delay LOS Delay TH 55 and Golden Valley Road A/C 17 sec. All? 63 sec. TH 55 and General Mills Boulevard/Boone Avenue D 49 sec. D 53 sec. Boone Avenue and Golden Valley Road/7th Avenue B 12 sec. B 15 sec. Decatur Avenue and 7th Avenue M A/A 3 sec. A/A 6 sec. Decatur Avenue and Golden Valley Road A/A 4 sec. C/E 44 sec. Golden Valley Road and Site Access A/A 1 3 sec. A/A 3 sec. Indicates an unsignalized intersection with side -street stop control. Overall LOS is followed by the worst approach LOS. The delay shown is for the approach with the highest level of delay. Although the study intersections are expected to operate at acceptable levels of service, queuing issues identified under existing conditions will continue at the TH 55/General Mills Boulevard/Boone Avenue and TH 55/Golden Valley Road intersections, but are not expected to significantly increase due to the proposed development. Southbound queues at the TH 55/Golden Valley Road intersection will extend into the Decatur Avenue/Golden Valley Road intersection approximately 50 percent of the p.m. peak hour (current conditions — 30 percent of the p.m. peak hour). The eastbound and southbound queues at the Decatur Avenue/Golden Valley Road intersection will extend an additional 75 to 100 feet (3 to 4 vehicles), respectively. It is recommended that the City continue conversations with MnDOT regarding access from Golden Valley Road to TH 55 due to the continual delays and queuing. If delay and queuing issues are considered unacceptable, closing the access or reducing the access to right -in only may improve traffic operations. Detailed delay and queuing reports can be found in the appendix. ILI I'S Directional Distribution Tiburon Develo ment Traffic Stud Cornulting Group, Inc. p y 0127860 City of Golden Valley October 2012 Figure 4 I'S 9 2015 Build Conditions Consulting Group, Inc. Tiburon Development Traffic Study City of Golden Valley 0127860 October 2012 Figure 5 Joseph S. Hogeboom, City Planner October 26, 2012 City of Golden Valley Page 11 YEAR 2015 BUILD CONDITION WITH ADJACENT DEVELOPMENT The City of Golden Valley has identified two parcels adjacent to the proposed development that could redevelop by year 2015. Single family homes are currently located on the parcels; however, these two parcels could redevelop as office. Based on city zoning requirements, and discussions with City staff, the maximum square footage allowable on these parcels was assumed to be approximately 75,000 square feet of office space. Based on the ITE Trip Generation Handbook, 8th Edition a 75,000 square -foot office building will generate 116 a.m. peak hour trips, 112 p.m. peak hour trips and 826 daily trips. These trips were distributed to the roadway network to determine the potential increase in year 2015 build traffic volumes and potential traffic operations impacts. Results of the traffic operations analysis indicate that the 2015 build volumes (background traffic and the proposed apartment development) plus the office redevelopment trips significantly impacts the delay and queuing at the study intersections, particularly the queuing and delays at the TH 55/General Mills Boulevard/Boone Avenue intersection. This result further identifies the need to modify the access at the TH 55/Golden Valley Road intersection. Southbound queues at the TH 55/Golden Valley Road intersection are expected to continue to increase, extending through the Decatur Avenue/Golden Valley Road intersection approximately 65 percent of the time (twice as much as existing conditions). This will result in significant queues at the Decatur Avenue/Golden Valley Road intersection, extending approximately 355 feet and 730 feet in the eastbound and southbound directions, respectively. If the TH 55/Golden Valley Road intersection is closed or reduced to right -in only, vehicles would be diverted to the Boone Avenue/Golden Valley Road/7th Avenue and TH 55/General Milles Boulevard/Boone Avenue intersections. To account for the increase in vehicles, signal timing optimization should be considered at the TH 55/General Mills Boulevard/Boone Avenue intersection to reduce vehicle delay and queues. However, since the adjacent office building development is a current proposal, it is recommended that further operational analysis be completed once a proposal is put forward for this potential office parcel. CONCLUSIONS AND RECOMMENDATIONS Based on the analysis, the following conclusions and recommendations are offered for your consideration: Results of the existing operations analysis indicate that all study intersections currently operate at an acceptable overall LOS D or better during the a.m. and p.m. peak hours with existing traffic controls, geometric layout, and signal timing. Although the overall operations are acceptable, specific movements experience higher levels of delay or queuing issues. o Eastbound queues at the TH 55/General Mills Boulevard/Boone Avenue intersection extend approximately one-quarter mile, approaching the TH 55/TH 169 interchange during the a.m. peak hour. o Northbound queues at the TH 55/General Mills Boulevard/Boone Avenue intersection extend approximately 1,000 feet during the p.m. peak hour. Joseph S. Hogeboom, City Planner City of Golden Valley October 26, 2012 Page 12 o During the p.m. peak hour, southbound queues at the TH 55/Golden Valley Road intersection extend through the Decatur Avenue/Golden Valley Road intersection approximately 30 percent of the time. As a result of this spillback, queues at the Decatur Avenue/Golden Valley Road intersection extend approximately 120 feet and 110 feet in the eastbound and southbound directions, respectively. • The proposed apartment development consists of 142 rental units and is expected to generate 72 a.m. peak hour trips, 88 p.m. peak hour trips and 944 daily trips. • Results of the year 2015 build operations analysis indicate that all study intersections will continue to operate at an acceptable overall LOS D or better during the a.m. and p.m. peak hours. Although the study intersections are expected to operate at acceptable levels of service, queuing issues identified under existing conditions will continue at the TH 55/General Mills Boulevard/Boone Avenue and TH 55/Golden Valley Road intersections, but are not expected to significantly increase due to the proposed development. o Southbound queues at the TH 55/Golden Valley Road intersection will extend into the Decatur Avenue/Golden Valley Road intersection approximately 50 percent of the p.m. peak hour (current conditions — 30 percent of the p.m. peak hour). ■ It is recommended that the City continue conversations with MnDOT regarding access from Golden Valley Road to TH 55 due to the continual delays and queuing. If delay and queuing issues are considered unacceptable, closing the access or reducing the access to right -in only may improve traffic operations. • In addition to the proposed apartment development, the City of Golden Valley has identified two parcels adjacent to the proposed development that could redevelop by year 2015 as office space. Based on city zoning requirements, and discussions with City staff, the maximum square footage allowable on these parcels was assumed to be approximately 75,000 square feet of office space. o Results of the traffic operations analysis indicate that the 2015 build volumes (background traffic and the proposed apartment development) plus the office redevelopment trips significantly impacts the delay and queuing at the study intersections. ■ The potential office redevelopment trips further identify the need to close or reduce access at the TH 55/Golden Valley Road intersection. ■ However, since the adjacent office building plans have not been submitted and therefore the exact building size is unknown at this time, it is recommended that an additional analysis be completed when the plans for redevelopment have been confirmed. H:\Projects\7860\TS\Report\121015_Draft_Tiburon TS_mdocx 4 IIh I11 IIt z O Q w J LU F'— rr 0 Z 111111 101 INK 111111 1■ IWO 111111 M11 Iwo In I 111,14,lilt ..r ra 1 101 IMI IMI 1 111111 IM! 1=1 z O Q W J LU O U) /LU V Q 0 rr- LU F— x LLJ U) v C) 0 T N CD N S L � N O Oz LU L J 1 � z r� J 1 � L J 1 O J >J U) _ w C3 w Op LU Z _ z 1 0 Z " Y 0 LU U J � J OQ � U) I I w Z� LU cr UZ Q Z LU coo Z w0 w _ cr- ::) � CD I I I I Q ` w 0 U) i I I Lu Z g w 0 LU z -_ 0 i f� I Y Q \ Lu Y OD i r� I Y � w 0 U) n Q w J D 0 CD a. W" l � F<— U) H X LU Z g LU U) N CD O 0 N O N D L6N O T O czc G W J F > Z ^' W w J 0 iD 1 Z J ' 0J Z w 2> cr w w J CD (.7 Hcr Y cr W a< I I I I co U) J Q LLJ xs .,� _ F UD 0 cr mco z p co LLJ ' 1 I ' o w Q z Ir Lu cr O U w L 0- 0 O H Q C/) 0 LL �-- ZZ O N Lo z U7 1 I I � _ i g= I I I t,Kfi l � F<— U) H X LU Z g LU U) N CD O 0 N O N D L6N O T O czc G W J F > Z ^' W w J 0 ORDINANCE NO. 491, 2ND SERIES AN ORDINANCE AMENDING THE CITY CODE Approval of Final Plan of Development The Tiburon Apartments, P.U.D. No. 111 Tiburon 55, LLC, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11. 10, Subd. 2, and Section 11.24, by approving the Final Plan of Development for Planned Unit Development (P.U.D.) 111, thereby allowing the applicant to construct a six -story, 142 -unit apartment building. This PUD is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1. The plans prepared by UrbanWorks Architecture, dated October 25, 2012, submitted with the application shall become a part of this approval. 2. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated November 6, 2012, shall become part of this approval. 3. The recommendations and requirements outlined in the memo from Public Works Specialist Eric Eckman to Mark Grimes, Director of Planning and Development, dated November 20, 2012, shall become a part of this approval. 4. A Park Dedication Fee of $16,300 shall be paid by the developer prior to approval of the Final Plat. 5. All signs on the property must meet the requirements of the City's Sign Code. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 7. The Developer shall coordinate landscaping efforts with the City's Highway 55 Lilac Planting initiative. 8. Final PUD approval will be dependent upon the City's approval and effectuation of a tax increment financing district within the project area to fund the necessary public infrastructure requirements, to be installed by the City, including among other items, street realignment, pedestrian improvements, street lighting, sanitary sewer lining, and overhead power line burial. In addition the Council makes the following findings pursuant to City Code Section 11.55, Subd. 6(Q): 1. The PUD Plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. The PUD Plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. The PUD Plan includes efficient and effective use (which includes preservation) of the land. 4. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD Plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD Plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Section 2. The tract of land affected by this ordinance is legally described as follows: 9130 Olson Memorial Highway — West 211 14/100 feet of East 291 14/100 feet of that part of NW 1/4 of SW 1/4 lying South of MPLS Watertown Road and North of State Highway No. 55 9220 Olson Memorial Highway — That part of NW % of SW % lying East of West 749 8/10 feet thereof and West of East 291.14 feet thereof North of State Highway No. 55 and South of Watertown Road Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of December, 2012. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Susan M. Virniq Susan M. Virnig, City Clerk