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HomeMy WebLinkAboutNovember 27, 2000CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HE1GHTS~ MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION SPECIAL MEETING 6:00 P.M. MONDAY, November 27, 2000 CITY HALL CONFERENCE ROOM 590 N.E. 40T" AVENUE lifElifOEP~S l'om Ram,~lell, £1~k Donna Set, mitt Te~ Yehle Step~n W.. Joh~on Tammera E~icson Roll Call New Business: A. Public Hearing CUP/Final PUD Case//2000-0408 Real Estate Equities RE: 825 N.E. 41" Ave. Columbia Heights, Mn. Staff Reports. A. Proposed Zoning Ordinance 4. Adjourn. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIM[NATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0408 Page: 1 STAFF REPORT TO THE PLANNhNG AND ZONING COMMISSION FOR TI-rE NOVEMBER 27, 2000 PUBLIC HEARING Case #: 2000-0408, Conditional Use Permit for Final Planned Unit Development GENERAL INFORMATION Owner: NEI College of Technology "' Applicant: Address: 825 41't Avenue NE Columbia Heights, MN 55421 Owner: Address: Larry & Patricia Tmehart 4156 Central Avenue NE Columbia Heights, MN 55421 Real Estate Equities 325 Cedar St., Suite 400 St. Paul, MN 55101 (651) 227-6925 Owner: Address: Columbia Heights Economic Development Authority (590 40~ Avenue NE) 4150 Central Avenue NE Columbia Heights, MN 55421 Parcel Addresses: 825 41st Avenue NE, 4157 Jackson Street NE, 4156 Central Avenue NE, 4150 Central Avenue NE Zoning: 825 41st Avenue NE is zoned R-2, One and Two Family Residential 4156 Central Avenue NE is zoned CBD, Central Business District 4150 Central Avenue NE is zoned CBD, Central Business District 4157 Jackson Street NE is zoned R-2, One and Two Family Residential Comprehensive Plan: C - Commercial, MDR - Medium Density Residential SUrrounding Zoning and Land Uses: Zoning North: R-2 and RB South: CBD and R-3 East: CBD ~Vest: R-2 Land Use North: Residential and Commercial South: Comm., Res., Institutional East: Commercial West: Residential Explanation qf Request: BACKGROUND C~c: 20000408 P~gc: 2 This is a request for a Conditional Use Permit to allow for Final Planned Unit Development (PUD) for the construction of a 50 unit senior assisted living building and 22 units of affordable rental townhomes. The rental townhomes will consist of four buildings (see attached site plans). Buildings 1 and 2 will contain six units each, and Buildings 3 and 4 will both contain five units. The Planning Commission approved the Preliminary Planned Unit Development in April 2000, and the City Council approved the Preliminary Planned Unit Development at their November 13, 2000 meeting. ... The affordable rental units will be developed at 13.33 units per acre. The development will be a combination of 19 Low Income Housing Tax Credit (Ill-ITC) units and 3 Hollman units Multiple Housing Opportunities Program (MHOP). The following provides an approximate summary of rents. MHOP Units · One 2-bedroom unit $260 per month · One 3-bedroom unit $260 per month · One 4-bedroom unit $260 per month LIHTC Units · Seven 2-bedroom units $655 per month · Five 3-bedroom units $755 per month · Four 3-bedroom deluxe units $755 per month · Three 4-bedroom units $830 per month The assisted living senior building will consist of 50 units consisting of a total of 68 beds. There will be a total of 41 assisted living units and 9 memory care units.. Case History: During the spring of 1998, the Minnesota Design Team visited Columbia Heights for a weekend and held two town meetings to facilitate community discussion and make recommendations for improvements. One of their recommendations was the creation Of a transition block on the subject property which would consist of a variety of life cycle housing opportunities. In response to this recommendation, the City applied for $771,000 of Livable Communities Demonstration ACcount funds from the Metropolitan Council to help finance the project. At the time of the application, the project consisted of 18 affordable rental units, 70 affordable independent living senior units, and 26 owner-occupied townhomes. In December, 1998, the City was informed that we were awarded a grant in the amount of $575,000 for the project, $30,000 of which was budgeted for the completion of a Master Redevelopment Plan for Downtown Columbia Heights. Please note that the grant application was prepared in cooperation with Real Estate Equities Development Company (the applicant) and Crest View Corporation which is parmering with Real Estate Equities on the assisted living senior building. 825 41" Avenue NE contains NEI College of Technology which has occupied the property since 1982. The original building was constructed in 1926 and was added to in 1951. It was first used Case: 2000-0408 Page: 3 as the High School for Independent School District 13 and was later turned into the Junior High School. 4150 Central Avenue NE is currently a vacant lot owned by the Columbia Heights Economic Development Authority (EDA). 4156 Central Avenue NE is currently occupied by Citywide Locksmith, which has agreed to sign a letter of intent to sell this property. The closing date is set for December 20, 2000. The property at 4157 Jackson Street has recently been acquired by Real Estate Equities. ANALYSIS Surrounding Property: .. The surrounding property on the east is zoned CBD, Central Business District and is used commercially. The property to the north is zoned both RB, Retail Business, and R-2, One and Two Family Residential. The property zoned RB is currently being constructed as an office complex. Most of the property to the north is used residentially. The property to the south is also a combination of commercial, residential, and institutional. The area to the west of the subject property is zoned R-2 and is used residentially. Technical Review: Rezoning As mentioned above, 4157 Jackson Street and 825 41st Avenue NE are zoned R-2, One and Two Family Residential; 4156 Central Avenue NE is zoned CBD, Central Business District; and 4150 Central Avenue NE is zoned CBD, Central Business District. The applicants have requested to rezone all four properties to R-4, Multiple Family/Residential, which requires a second reading at the City Council meeting on November 27, 2000 for passage. Applicable permitted uses in the R-4 District include multiple family dwelling structures, nursing homes, and public and private schools. Multiple family dwelling structures and nursing homes are not permitted in the R-2 or CBD Districts, so the rezonings are necessary to accommodate the proposed uses. The draft 2000 Comprehensive Plan designates the area for future transit-oriented development and it is also identified as a potential redevelopment area. The Plan states that areas designated for transit- oriented development will include service-oriented commercial/retail development with high- density residential development providing the balance of the development. The proposal is consistent with this recommendation. Planned Unit Development The purpose of a Planned Unit Development is to encourage flexibility in the design and development of land in order to promote its appropriate use. The following requirements apply to the Planned Unit Development. The tract of land shall be served with city sewer and water and have not less than 75 feet of public right-of-way frontage. The subject property is served by city sewer and water, and the property greatly exceeds 75 feet of frontage. 2. No principal building shall be nearer than its height to the rear or side lot line when such line abuts an R-1 or R-2 District. Provided that the rezonings are approved, the proposed lots will not abut an R-1 or R-2 District. Case: 2000-0408 Page: 4 3. No building within the development shall be nearer to another building than 'A the sum of the height of the two buildings. The project as proposed meets this requirement. 4. Private accessways should be 24 feet or more in width. All accessways proposed shall have final review and approval by Public Works. 5. No building shall be located less than 15 feet from the back of the curb on roadways and accessways, and 3 feet on service roads. The proposed senior building will be roughly 20 feet from the back of the curb along Central Avenue and 37 feet from the back of the curb along 42~ Avenue NE. The proposed Building 2'of the rental units will be roughly 30 feet from the back of the curb along 41't Avenue NE, and the proposed Building 4 is 25 feet fi-om the existing alley. ... 6. Guest parking ratio shall be one space for each four units with no unit having a distance greater than 200 feet to such space. Please note that the Zoning Ordinance requires 1.5 spaces for each dwelling unit in the R-4 District, one of which shall be a garage, so 33 spaces are required for the rental units (17 garage spaces). Also, 6 additional spaces are required for the guest parking ratio. The proposal includes 44 spaces (22 garage) for the rental units which meets minimum parking requirements as 39 total spaces are required. 7. An open space system shall be designed showing recreational areas equal to at least 10% of the site area and served by a pedestrian oriented path system. It is intended that natural areas be included as part of the open space system. The proposal includes a sidewalk system which will serve the rental units, connecting that portion of the development to 41" Avenue NE. Also included in the proposal is an open area between buildings 4 and 3 on Lot 1 which is approximately 6,800 square feet in size. Please note that the subject property does not currently contain any "n'ittural" areas, but the applicants have proposed landscaping in a manner that will make it a passive amenity for the project. The pond area is roughly 9,539 square feet in size. This along with the open area combines for approximately 17% open space. The applicants have submitted a landscape plan that proposes plantings along 41't Avenue and plantings in and surrounding the townhome buildings. There are also plantings proposed around the senior complex. The applicants have not proposed any landscaping along 42~ Avenue between Jackson Street and Van Buren Street NE. 8. A sewer-water public utility system to serve the project shall be submitted, said system shall indicate a fire hydrant distribution to the approval of the Fire Chief and in total to : the City Council. The proposed systems have been reviewed and approved by the Public Works and Fire Departments. 9. A street light system shall be submitted for approval and all wires shall be below ground. Staff has reviewed a revised lighting plan that does not exceed three foot candles at the property line. Parking and Traffic Circulation As mentioned above, guest parking ratio shall, be one space for each four units with no unit having a distance greater than 200 feet to such space. Please note that the Zoning Ordinance requires 1.5 spaces for each dwelling unit in the R-4 District, one of which shall be a garage, so 33 spaces are required for the rental units (17 garage spaces). Also, 6 additional spaces are Case: 2000-0408 Page: 5 required for the guest parking ratio. The proposal includes 44 spaces (22 garage) for the rental units which meets minimum parking requirements, as 39 total spaces are required. The amount of parking proposed for the rental units meets requirements. For the purposes of parking and zoning requirements, the assisted living senior building is being compared to a nursing home. Please note that the Zoning Ordinance does not specifically identify assisted living senior facilities as a use, so the most closely related use would be a nursing home. A nursing home requires at least one parking space for each two beds for which aCcommodations are offered. However, according to assisted living industry standards, one parking space is required for each two units provided. The propose, d assisted living building will have 50 units, so a total of 25 parking spaces are required for the building, with 25 spaces proposed. The proposal indicates that 456 spaces will remain on-site for use by NEI College of Technology. The Zoning Ordinance requires vocational schools to have one parking space tbr every 2 1/8 students based upon actual enrollment which is the greatest number of students enrolled and are in attendance at one time. According to information provided to staff, NEI currently has 350 full-time students and 250 part-time students (600 total). Based on the minimum parking regulations, they are required to have 282 on-site spaces. As mentioned above, 456 spaces will remain on-site which exceeds minimum parking requirements for NEI. NEI College of Technology has maintained the position that they will need 500 parking spaces to meet projected parking demands. As a result, the development proposal includes 44 on-street 'NEI permit parking only' spaces fi:om 7:00 a.m. to 3:00 p.m., Monday through Friday, excluding holidays, which will be utilized on Jackson Street and 41st Avenue NE. The proposed development will utilize an existing access fi:om 42~d Avenue and a new access will be created off 41st Avenue. Please note that the Traffic Commission has reviewed the proposed accesses and recommended approval. Miscellaneous The Police Department has stated that they are supportive of the assisted living senior building component of the project, but they suggest that secure parking and adequate lighting be provided to deter theft and vandalism. They also stated that they have some concerns with the affordable rental component. They are concerned that the City currently has several areas of high density residential that take a great deal of City resources. Please refer to the attached Memo dated March 27, 2000} fi:om the Police Chief for more detailed information regarding these concerns. Sumraa~_, : The positive aspects of this proposal are as follows: 1. The proposal is generally consistent with the intent of the City Comprehensive Plan and Life Cycle Housing Study. 2. The development will provide needed housing opportunities for seniors. 3. The proposal will provide new residential development near the downtown area which creates the possibility of increased activity to support area businesses. Case: 2000-0408 Page: 6 The negative aspects of this proposal are as follows: 1. The proposal maximizes the amount of space available to accommodate parking demand. 2. Removing the owner-occupied townhouse units which were part of the original application eliminate much needed life-cycle community housing options. 3. The on-street parking proposal would allow parking only for NEI use between 7:00 a.m. and 3:00 p.m., Monday through Friday, excluding holidays, which would prevent parking by the general public on the public right-of-way during these hours. CONCLUSION Sta_ff Recommendations : Staff recommends approval of the Conditional Use Permit for the Final Planned Unit Development subject to the conditions listed in the recommended motion. At this point, the Planning and Zoning Commission will be meeting November 27, 2000 at 6:00 p.m. to recommend City Council action on the Final Planned Unit Development at approximately 7:00 p.m. Recommended Motions: Move to recommend City Council approval of the Conditional Use Permit for the Final Planned Unit Development and accompanying PUD Agreement at 825 41st Avenue NE, 4157 Iackson Street NE, 4150 Central Avenue NE, and 4156 Central Avenue NE, subj eot to the following conditions. 1. City Council adoption of Ordinances # 1411 and 1423, rezoning the subject properties to R-4, Multiple Family Residential District.-' 2. City Council adoption of Parlcing Ordinance # 1426, to allow for 44 'NEI on-street permit parldng only' spaces. 3. Directional changes in the public alley shall be clearly signed and marked, and a traffic impact barrier and guardrail shall be provided at the point where the alley turns away from Central Avenue to travel around the proposed senior building, as well as a fence erected along the alley abutting Outlot B for safety measures. 4. All engineered plans and specifications are subject to City Engineer review and approval. 5. The turning radius at the comer of the 14 foot wide alley intersection with the 23 foot wide alley (Outlot D) is subject to City Engineer review and approval. 6.- Landscape materials and plantings must be guaranteed to survive a minimum of two years. Replacement plantings to be installed at the sole expense of the developer in accordance with the approved landscaping plan. 7. Successful negotiation and approval of a development agreement(s) between the applicant and the Columbia Heights Economic Development Authority/City of Columbia Heights. Attachments: · Application form; Police Department and Fire Department Comments; Public Notice Also please refer to plans attached: PUD Agreement; final plat; final grading and utility plans; site plan; rental unit elevations and floor plans; and a landscaping plan. For: ~ezoning 'Variance ~rivacy ~ence Condi~ionai Use ~ermi~ '" Subdivisio~ Approval Si~e Plan App..oval ' $:reet Ad4xess of. Subject P=ope~zy.-~ 825 41 st Street, Columbia Heights Lesal I~scripcion of Su~Jec: ~cope~y,L°t 1&2, Block 38, and Lots 29&30, Block 39, Columbia Heights Annex to.!Minneapolis, Lot~l, Block 2 Northwestern. 3. %%~:.Anoka County,~ Minnesota Name, ColUmbia-Heights Transition Block LLC Add~es$: 325 cedar Street--' Suite 400 St. 'Paul, MN 551 01 Phone: 65.1 -227,6925 Addxese: Descrip:~0n of R~.ques=: Request. for Final PUD. .appr°%al for proposed 22 Unit apartment building and a 50 unit assisted living building Applicable City Ocd/nance NumberJ~__Seccion Presen~ Zon/ns , Vresan~.Use Eaason for Request: · Proposed leninS ~'-~ Proposed F. zllibi~s Submic~ed (~aps, dt~x*~s, eec.) Acknovledtmen~ and Signature:' The undersigned hereby repre, senze upon all of the penalties o[ law. fo~ ~he purpose of inducing ~he City of Columbia ReigSx~$ ~o ~ake ~he action herein requested, ~J~a~ all s~a~emen~s herein are ~rue and ~ha~ all york he~etn ~en~ioned will be done in accordance v£~h ~he Ordinances of ~he City o£ Columbia Heights and ~he lava of ~he S~a~e of Htzm._esota. ,/? - Signature of Applica~z: ~_~..<~N~/- 3 - ~..~ Da~e: ;I//%} ~c~'o ~.~ ~ .. Taken By: Thomas R~msdd, ChM Tod Yehl8 Dam~ 8clmilt Temarl F.~cs oll PLANNING AND ZONING COMMISSION NOTICE 01: PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Hall Conference Room of City Hall, 590 N.E. 40th Avenue, at 6:00 p.m. on Monday, November 27, 2000. The order of business is as fellows: A request for a Conditional Use Permit to allow for a Final Planned Unit Development on the property Iocatad at 825 N.E. 41" Avenue, 4150 Central Avenue, 4157 Jackson Street, and 4156 Central Avenue for the construction of a 50 unit assisted living building and 22 rental townhome units. All persons having an interest in the program will be given the opportunity to be heard. If you have any questions, you may contact Tim Johnson, City Planner, at 763-706-3678. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TODI706-3602 for deaf or hearing impaired only.) COLIIi IBIA HEIGHTS POLICE DEPART iENT TO: FROM: SUBJECT: DATE: Joe Hollman, City Planner Thomas M. Johnson, Chief of Police(~ Case #2000-20407 and 2000-0408, Rezoning of N-EI Property March 27, 2000 The Police Deparunent has no issues with case #2000-0407. Reference case #2000-0408, the Police Depa/trnent is supporti've of the 50 unit assisted living senior building designated for the southwest comer of this property. We would suggest the addition-if it is not akeady in the plan-of underground secure parking tbr both residents and employees. As you know fi.om past experience, vehicle theft, vehicle break in, and vehicle damage can be a major problem in areas such as these. We are also concerned with the outsid.e parking setup in the area being next to the rental tom homes and our past experience with thefts and damage to autos in the NEI parking lot. We would recommend some hi*~h intensity lighting in this area to deter theft and vandalism. We do not feel that the location of the rental units will We the seniors a sense of security within their homes. We have some major concerns with the "affordable rental town home" concept. Our concerns are that our city now has several areas of high density rental that take a great deal of city resources. We feel the proximity of the rental units to the senior units and the business area predestines this area to be a high crime area. We would suggest minimally that at least every other to~vn home be owner occupied. Ownership brings with it accountability and responsibility. We would suggest a possible program such as "sweat equity" or Habitat for Humanity for assisting with getting home owuers into these properties-not just renters. The Police Department also has a problem with the diagonal parking proposed for in front of N'EI. With the traffic volumes in this area and the natural increase that will take place if the project goes forward, we foresee many more accidents in this area caused by people backing out and into oncoming traffic. At this time this area requires a relatively Iow amount of poli~e and city resources. Every driving school we are aware of suggests pulling out into traffic rather than backing into traffic. This will also have a dramatic effect during our winter months when no parking is allowed on the streets from November to April. We tee[ it would be in the best interest of the people using these facilities to have limited on street parking and directing them to parking lots and ramps in the area. The Police Department understands the need tbr the housing listed. We requested your utmost attention to the issues Ave may be creating if the plan goes as proposed. TMJ:m[d 00-93 COLUMBIA HEIGHTS FIRE DEPARTMENT TO: FROM: SUBJECT: DATE: TIM JOHNSON GARY GORMAN NEI PRELIMINARY PLANS NOVEMBER 3, 2000 The Fire Department has reviewed the plans for the NEI development. At this time it appears all previous issues have been addressed. The Fire department approves the plans as presented. t~Ke~n,,Ar~d~ers~n,;?J:armed ~_nJ~ ~eve!oPment Agreement (L&v i 09 Draft). DOC Rage PLANNED UNIT DEVELOPMENT AGREEMENT This Agreement is made and entered into this __ day of ,2000, by and between the City of Columbia Heights, a Minnesota municipal corporation (the "City"), NEI College of Technology, a Minnesota nonprofit corporation ("NEI") and Columbia Heights Transition Block LLC, a Minnesota limited liability company (the "Developer")t. WITNESSETH: WHEREAS, the NEI is the fee owner of certain real property in Anoka County, Minnesota, legally described on the attached Exhibit "A" (the "NEI Parcel"); and WHEREAS, the Developer2 is the fee owner certain real property legally described on the attached Exhibits "B-I" and "B-2" (the "Developer Parcels"); and WHEREAS, NEI and the Developer are assembling the NEI Parcel and the Developer Parcels from several owners and have platted the same as the "Northwestern 2nd Addition" attached hereto as Exhibit C; and WHEREAS, the Developer intends to transfer2 the real estate as legally described on Exhibit "B-I" (the "Rental Townhomes Parcel") to Columbia Heights Housing Limited Partnership I, a Minnesota limited partnership (the "Rental Townhomes Owner") for development into multifamily rental townhomes; and WHEREAS, the Developer intends to transfer~ the real estate as legally described on Exhibit "B-2" (the "Senior Housing Parcel") to :Crest View ONDC I, a Minnesota nonprofit corporation (the "Senior Housing Owner") for development into a senior assisted living facility; and WHEREAS, as used herein, the NEI Parcel, the Rental Townhomes Parcel and the Senior Housing Parcel are collectively referred to herein as the "Property"; and WHEREAS, the Developer~, on behalf of the Rental Townhomes Owner and the Senior Housing Owner, has made application to the City for approval of a development plan and a site plan for the Property; has requested rezoning of the Property from R-2, One and Two Family Residential, to R4, Multiple Family Residential, and from Central Business District ("CBD") to R4; has applied for a Conditional Use Permit to provide for a planned unit development ("PUD") project and PUD Agreement relating to the Property pursuant to Section 9.116(17) of the City of Columbia Heights Zoning Ordinance (the "Conditional Use Permit"), and has ~ Parties to agreementare to include NEI, the City and fee owners of Developer Parcels on date of execution. Columbia Heights Transition Block LLC shall not be a party if rights under purchase agreement are fully assigned to Rental Townhomes Owner and Senior Housing Owner at or prior to closing and such parties purchase Developer Parcels]. 2 Recital to be deleted if Purchase Agreement has been fully assigned. 3 Recital to be clarified of Rental Townhomes Owner is fee owner on date of execution. 4 Recital to be clarified of Senior Housing Owner is fee owner on date of execution s Define Columbia Heights Transition Block LLC as "Developer" here, if not a party to agreement. 1 Doc #1252922 v3 ~ned Unit Deye!P~P~ ~g[~e~ (L&V jO9 Draft)~.DO .... requested approval of the subdivision of the Property according to the plat of Northwestern 2nd Addition; and WHEREAS, NE1 has requested rezoning of the NEI Parcel from R-2, One and Two Family Residential, to R4, Multi-family Residential, has consented to the application of the Developer for a Conditional Use Permit for a planned unit development project and PUD Agreement relating to all of the Property pursuant to Section 9.116(17) of the City of Columbia Heights Zoning Ordinance (the "Conditional Use Permit"), and has requested approval of the subdivision of the property according to the plat of Northwestern 2nd Addition; and WHEREAS, the City has agreed to allow the Developer to vary the standards for development which would be expected if the Property were developed according to the City's R- 4 zoning district in conformance with the City of Columbia Heights Code, but only if the Developer and NEI agree to the terms and conditions set forth in this Agreement; and WHEREAS, on the day of .., 2000, by resolution no. , the City Council granted approval of ~ sit~ plan for {he Property ("Site Plan") in the form attached hereto as Exhibit "D" and incorporated by reference (sometimes called "Final Plan" per Ord. Sec. 9.116(17)), granted approval of the Conditional Use Permit for this planned unit development · 'on" project and PUD Agreement, granted plat approval for the plat of '2qorthwestem 2nd Addit~ , all subject to execution of this Planned Unit Development Agreement by the Developer, NEI and the City; and NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the parties agree~ as follows: I. ZONING, USE AND DEVELOPMENT STANDARDS A. Planned Unit Developmen_t. This PUD Agreement is an agreement described in City of Columbia Heights Zoning Code Section 9.116(17) Planned Unit Development. Authorization of a Planned Unit Development and therefore a Planned Unit Development Agreement may be by conditional use permit pursuant to Minn. Stat. §462.3595 (subd. 1). Subsequent to the execution of this Planned Unit Development Agreement, enforcement shall be by Planned Unit Development standards [(Columbia Heights Ord. Sec. 9.116(17)], and not by conditional use standards [(Columbia Heights Ord. Sec. 9.105(5)]. B. Titl.__.~e. NEI warrants that it has fee title to the N-E1 Parcel and Developer warrants that it has fee title to the Rental Townhomes Parcel and the Senior Housing Parcel. C. Comprehensive Plan Complianc.e.. The City's Comprehensive Plan is dated September 30, 1992. At pages 28 through 31 the Comprehensive Plan suggests that the Property be rezoned to R-3. However, the City recognized that this land ~ References throughout to obligations of the "Developer" shall be deleted if the Developer is not a party to this Agreement. All obligations of Developer to "cause" the Rental Townhomes Owner or the Senior Homing Owner to perform shall be changed to direct obligations of such parties. 2 Doc #1252922 v3 Ken Anderson:' Planned unit Development Agreement (L&?109.Dra~).D0C Page,3 I go Fo 3 Doc #1252922 v3 is in a redevelopment area and, at the suggestion of the Columbia Heights Redevelopment Authority, the City believed that a better use of this Property in conjunction with redevelopment along Central Avenue would be to rezone the Property to R-4. The Property was rezoned to R4 earlier in the year 2000. Further, the City's Year 2000 Comprehensive Plan Amendment, which has been sent to the Metropolitan Council for review but which is not yet back approved, further contemplates redevelopment in the Central Avenue area in general and in this specific neighborhood in particular. The City finds that the rezoning of this property to R4 together with this PUD Agreement creates a proper usc of this land and is in full compliance with the City's Comprehensive Plan as amended. Zoning. The Rental Townhomes Parcel and Senior Housing Parcel shall be used solely for multiple family residential uses, including accessory uses related thereto, and shall be regulated by the terms and conditions of the City's zoning regulations for R-4 Multiple Family Residential, subject to the specific limitations on use in this PUD Agreement. 2. The NEI Parcel is presently being used and may continue to be used as a private nonprofit vocational school as a permitted use in Zone R4. Present and future use of the Iq-E1 Parcel shall be regulated by the terms and conditions of the City's zoning regulations governing real property in the R4 "Multiple Family Residential Use" zone, except as otherwise provided by this PUD Agreement. Procedural Compliance. Heretofore the City has received, reviewed and approved all necessary applications for concept plan and preliminary plan approval. To the best of the City's knowledge, all such applications are true and correct. On the day of ,2000 the City approved the preliminary plan as required by Ord. Sec. 9.116(17)(a). This PUD Agreement and the Final Plan which it accompanies were approved by the City Council at its regular City Council meeting on the day of , 2000 in conformance with Section 9.116(17)(a)(i). Overall Development Standards/Variances. The City accepts that the preliminary plan requirements specified in Ord. Sec. 9.116(17)(b) and (c) have been satisfied. The City accepts Outlot A as a "private accessway" pursuant to Ord. Sec. 9.116(17)(c)(iv), acceptable for: (a) the Rental Townhouse Parcel for R-4 residential purposes; (b) the NEI Parcel for school purposes; and (c) both parcels for all uses which are permitted in the R4 zoning district. The City shall allow the Developer and/or NEI to widen Outlot A to 28 feet to be a "private roadway" at the discretion of either party. 2. The City accepts that each of the three separate parcels has at least 10% open ~_K~.o Ande~rson - Planned Unit DevelOPment Agreement (LSV 109 Draft)iDOc Page 4 4 Doc #1252922 v3 space as required by City of Columbia Heights Zoning Code Ord. Sec. 9.116(17)(c)(vii). Notwithstanding the requirement in City of Columbia Heights Zoning Code Ord. Sec. 9. ~ that the open spaces on the three parcels be conveyed by the owners thereof to the City, the City shall not require such conveyance on the condition that each parcel maintain at least 10% open space as required by City of Columbia Heights Zoning Code Ord. Sec. 9.116(17)(c)(vii). A new Drainage and Ponding Easement with survey exhibit is attached hereto as Exhibit E. The parties hereto accept this drainage and ponding arrangement as being for their mutual benefit. The parties understand that a significant obligation of the drainage and ponding easement is that in the event ora so-called "100 year storm", the retention pond will back-up due to the outflow limitation in the Drainage and Ponding Easement. The back-up water will generally extend from the pond westerly into what is presently NEI's parking lot. Understanding the burden the Drainage and Ponding Easement places on the NEI Parcel, the Developer and the City agree that NEI, at its sole cost and expense (subject to such agreements to the contrary as shall be made subsequent to this Agreement), may expand the size of the stormwater retention pond westerly onto Outlot C and thereby comply with the outflow limitations the Drainage and Ponding Easement requires, but at the expense of the loss of the parking spaces on Outlot C. In the'event NEI so elects, NEI will nevertheless be obliged to comply with City parking requirements by installing more parking spaces elsewhere or potentially reducing its student enrollment. o In satisfaction of the requirement in City of Columbia Heights Zoning Code Ord. Sec. that, in connection with any subdivision, a park dedication fee shall be payable before issuance of the plat for the subdivision, the parties agree that the Developer shall pay to the City a park dedication fee in the amount of $0.00. Use and Development Standards. Rental Townhomes. The Developer or the Rental Townhomes Owner shall develop the Rental Townhomes Parcel according to the approved Site Plan and the development standards set forth in this Section G. As used in this section, the term "Townhomes" means the multifamily rental townhomes developed by Developer or the Rental Townhomes Owner on the Rental Townhomes Parcel. The Site Plan depicts the layout. Density. Developer or the Rental Townhomes Owner shall construct on the Rental Townhomes Parcel four buildings consisting of twenty-two (22) unit multifamily rental housing IKon Anderson- Planned Unit Development Agreement (L&v 109 Draff).Doc Page 5 townhomes and one garage building pursuant to the Site Plan. [Notwithstanding the requirement in City of Columbia Heights Zoning Code Ord. ~ that density in an R4 zoning district must not exceed units per acre, the Rental Townhomes Parcel density of 14.943 units per acre is permitted pursuant to this PUD Agreement.] Setbacks. (1) No principal building shall be nearer than its height to the rear or side lot line when such lot lines abuts an R~I or R-2 zoning district. (2) No building shall be located less than fifteen (15) feet from the back of the curb on roadways and accessways, and three (3) feet on all service roads. (3) No building shall be nearer to another building than one- half (1/2) the sum of the height of the two buildings. (4) No building shall be located less than fifteen (15) feet from the back of the curb on roadways and accessways, and three (3) feet from the back of the curb on service roads. (5) Notwithstanding the requirement in City of Columbia Heights Zoning Code Ord. 9.110 (4)(iii) that the side yard shall be one-fourth the height of the building or ten (10) feet, whichever is greater, the building identified as Rental Townhome Number 1 on the attached Site Plan may have side yards of 8 ½ feet on the west property line and 9 ~ feet from the east property line of the Rental Townhomes Parcel, and the buildings identified as Rental Townhome Number 3 and Rental Townhome Number 4 may have side yards of 6 feet. Height. The height of the Rental Townhomes is restricted to 35 feet or three (3) stories measured from the elevation of the curb line of 41't Avenue NE. Access and Parking. Access to the Rental Townhomes shall be via Outlot A for all public and private purposes. The Rental Townhomes will have a minimum parking requirement of thirty-nine (39) parking spaces which shall be comprised of garages and open parking spaces all as shown on the Site Plan. Screening. Notwithstanding the requirement in City of Columbia Heights Zoning Code Ord. 9.117 (3) that there be screening where any business is adjacent to or across the street or alley from and within three hundred (300) feet of property zoned or developed for residential use, screening shall not be required between the Rental 5 Doc #1252922 v3 I K~ Ande[Sgn,:_ Planned unit Development Agreement (L&V109'Draff):DOc :"= Page6 6 Doc #1252922 v3 Townhomes on the easterly property line of the Rental Townhomes Parcel and the property which is used for commercial purposes to the east of the Rental Townhomes Property. Senior Housing. The Developer or the Senior Housing Owner shall develop the Senior Housing Parcel according to the approved Site Plan and the development standards set forth in this Section G. As used in this section, the term "Senior Housing" means the assisted living facility to be developed by Developer or the Senior Housing Owner on the Senior Homing Parcel. The Senior Housing Parcel shall at all times be used primarily as a residential living facility for persons aged 55 and older. The Site Plan depicts the layout.' Density. Developer or the Senior Housing Owner may construct on the Senior Homing Parcel a fifty (50) unit assisted living facility pursuant to the Site Plan. Setbacks. (1) No principal building shall be nearer than its height to the rear or side lot line when such lot lines abuts an R-I or R-2 zoning district. (2) No building shall be located less than fifteen (15) feet from the back of the curb on roadways and accessways, and three (3) feet on all service roads. (3) No building shall be nearer to another building than one- half (1/2) the sum of the height of the two buildings. (4) No building shall be located less than fifteen (15) feet fi.om the back of the curb on roadways and accessways, and three (3) feet from the back of the curb on service roads. Height. The height of the Senior Housing Building is restricted to 40 feet measured from the elevation at the west side of the Senior Housing Building. The height of the Senior Housing Building exceeds the R4 standard by __ feet, but is permitted pursuant to this PUD Agreement. Access and Parking. Access to the Senior Homing Building shall 42"d Avenue N.E. and the public alley lying westerly and southerly of the parcel. The Senior Housing Building will have a minimum parking requirement of twenty-five (25) parking spaces, but no outside loading dock, all as shown on the Site Plan. Nine (9) of the twenty-five (25) required parking spaces may be via a permanent parking easement over part of the NEI Parcel as shown on the Site Plan. The current City of Columbia Heights Zoning Code does not include regulations governing the use of the Senior Housing be via 7 Doc #1252922 v3 Building as an assisted living facility. The most similar use addressed in the City of Columbia Heights Zoning Code is a nursing home. The parking requirements for a nursing home are stated at City of Columbia Heights Zoning Code Ord. 9.116(4). As these parking requirements do not specifically apply to the Senior Housing Building, the City and the Developer have agreed to use the industry standard for assisted living facilities as the requirement for the number 0fparking stalls required for the Senior Housing Building. The industry standard is one (1) parking space per two (2) assisted living residential units. The Senior Housing Building contains a total of fiRy (50) assisted living residential units and, therefore,'a total of twenty-five (25) parking spaces will be required for the Senior Housing Building. NEI College of Technology. NEI shall be permitted to maintain and use its existing four story school building for a nonprofit private vocational school which teaches day and evening classes for adult students in technology subjects. The present enrollment is about 600 students. The Site Plan depicts the existing layout. Density. The City acknowledges that the present school has an enrollment of about 600 students. The City hereby permits NEI to increase its enrollment to up to 1,000 students subject to NEI maintaining the parking spaces described below. Setbacks. The existing building and other improvements on the NEI Parcel e setbacks, or are permitted pursuant to this PUD Agreement, including the proximity of the existing school building to the road on Outlot A. Moreover, notwithstanding the requirement in City of Columbia Heights Zoning Code Ord. 9.110 (4)(iii) that the side yard shall be one-fourth the height of the building or ten (10) feet, whichever is greater, in the event that NEI dedicates the road on Outlot A to the public for a public road in a plat or otherwise, the setback for the school building in its current location and height, as depicted on the attached Site Plan, shall be permitted pursuant to this PUD Agreement. Co Height. The existing school building is 60 feet 6 inches high to the parapet, four stories high, and 80 feet high to the top of the chimney, all as measured from the level of the parking lot on the north side of the existing building as shown on the Site Plan. The height exceeds the R-4 standard, which provides for a maximum height of thirty- five (35) feet or three stories, but is permitted pursuant to this PUD Agreement. Parking. Before the plat of Northwestern 2nd Addition, NEI had an integral 6.453 acre site with land area for at least 500 parking Ken Anderson, Planned Unit Development Agreement (L&V 109 Draft).DoC ' . i i p~ge8 ii. spaces. In furtherance of the City's desire for senior citizen housing and rental townhomes, the City will permit noncompliance with the City's parking standards pursuant to Ord. Sec. 9.116(2) through 9.116(4) as follows: NEI will have 456 on-site parking spaces as shown on the Site Plan. The parking spaces on Outlot C (west of the pond on Outlot B) and Outlot F (west of the townhouse building on the Rental Townhouse Parcel) shall be considered on-site parking spaces for the NEI Parcel. In addition, the City will enact a permit parking system for Jackson Street and 41st Street N.E. specifically and solely for the benefit of the NEI Parcel with 44 perr()it parking spaces allocated to NE1, bringing NEI's parking space total up to 500 spaces. The permit parking ordinance provides 44 on-street parking spaces for the sole and exclusive use of NEI between 7:00 a.m. and 3:00 p.m. Monday through Friday, excluding holidays, pursuant to the ordinance and permits described below. The 44 spaces of off-site parking are permitted to meet NEI's parking obligation. Further, it is agreed by the City that the NEI Parcel with 500 parking spaces as aforesaid shall be entitled to a maximum student enrollment of 1,000 students to accommodate future growth of NEI or any successor school. eo ho Access. Access for school use shall be via 4Pt Avenue N.E., Jackson Street, the public alley west and south of the Senior Citizen Parcel and Outlot A lying between the N-E1 Parcel and the Rental Townhomes Parcel for all public and private purposes. Future Improvements. NEI shall be entitled to improve and remodel, or demolish and reconstruct the existing school building, so long as the size, number of stories and height of such remodeling or new building does not exceed the existing height described above and location shown on the Site Plan. The maximum permitted student population shall be 1,000 students. If NEI changes the use of the school to multi-family residential use as permitted in zone R4, then NEI must conform to the R4 zoning requirements. Successor. NEI shall be able to freely transfer the NEI Parcel subject to and together with the rights and obligations herein set forth to any successor owner who uses the NEI Parcel as a school without approval of the City. Legal Conforming Use and Improvements. The City accepts the current use of the NEI Parcel and the existing and contemplated improvements thereon as legal conforming uses and improvements pursuant to this PUD Agreement. CONSTRUCTION OF IMPROVEMENTS 8 Doc #1252922 v3 III. Ao Plans. The Developer agrees to construct, or to cause either or both of the Rental Townhomes Owner and/or the Senior Housing Owner to construct, all improvements within the Property as shown on the Site Plan in accordance with plans and specifications approved by the City. The Site Plan may not be modified by the Developer without the prior written approval of the City. All labor and work must be done and performed in a workmanlike manner and in strict conformance with the Site Plan. The City agrees to promptly review any request from the Developer to modify the Site Plan and to notify the Developer of its approval or disapproval within 30 business days of the date of receipt of such request. If the City fails to respond in writing within 30 business days of receipt of such request, the modification shall be deemed approved. Staking, Surveying and Inspections. Developer, at its sole cost and expense, must provide, or cause the Rental Townhomes Owner or the Senior Housing Owner to provide, all staking, surveying and inspections for the improvements in order to ensure that the completed improvements conform to the Site Plan. Time for Developer's Performance. The Developer agrees to commence work, or to cause the Rental Townhomes Owner or the Senior Housing Owner to commence work, on the improvements shown on the Site Plan on or before ( ) days following the date of recording of this Agreement, unless the Developer or the Rental Townhomes Owner or the Senior Housing Owner otherwise requests and the City consents in writing, and will have all work completed, or cause the Rental Townhomes Owner or the Senior Housing Owner to have all work completed, and the improvements shown on the Site Plan completed to the satisfaction and approval of the City on or before twenty-four (24) months after the commencement of construction on the Property. The City may at its discretion extend the date(s) specified for completion upon receipt of written notice from the Developer or from the Rental Townhomes Owner or the Senior Housing Owner, of the existence of causes over which any of them has no control that will delay the completion of the work. D. Improvements on NEI Property. The Developer also agrees to construct the improvements on the NE1 Property as shown on the Site Plan in accordance with plans and specifications approved by NE1. As between the Developer, NEI and the City, it is the Developer's obligation to construct and reconstruct the improvements on the NE1 Property to accommodate the required number of parking spaces as set forth herein. Developer shall stripe the city street for the permit parking spaces and install necessary signage for same. A. New Ordinance. The City he ordinances attached hereto as Exhibit "F", entitled the "Ordinance 1426 Being an Ordinance Designating Permit Parking Only From 7:00 A.M. to 3:00 P.M., Monday through Friday, Except Holidays on 41st Avenue N.E. and Jackson Street N.E. Adjacent to 825 41st Avenue N.E." (herein, the "Parking Ordinance"), for the sole and exclusive 9 Doc #1252922 v3 Ken Anders?n ,- Planne~ Unit~Deye!opmentAg[e~,ti(L&~, i09 Dra~):DoC,~ ~ - Page,!0 benefit of the NEI Parcel during the days and times as set forth therein. The City has determined that the Property is large enough to accommodate the Townhomes and Senior Housing and NEI's use of the NEI Parcel as a school, and that such new use of the Property is necessary and helpful additions to the housing mix and development of the City. To replace certain parking spaces previously available to NEI due to Developer's acquisition of some of the land from NEI, the City has specifically agreed to provide for forty-four (44) permit parking spaces for N-E1 via the Parking Ordinance. Issuance of Permits. On the date hereof and on August t of each year hereafter, the City shall issue to NEI or its successor school forty-four (44) blank parking permits and hereby specifically authorizes NEI or its successor school to issue those permits to such of its faculty and students as it deems suitable for parking pursuant to the terms of the Parking Ordinance. IV. DEFAULT AND REMEDIES Denial of Permits. Breach of any term of this Agreement by NEI or the Developer, or any of the Rental Townhomes Owner or the Senior Housing Owner assuming the Developer's obligations hereunder, or failure to comply with City ordinances shall be grounds for denial of building or occupancy permits for buildings within the subdivision until the breach has been cured. Rights Cumulative. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. Force Majeure. Notwithstanding the provisions of this Article IV, if by reason of force majeure any party hereto shall be unable in whole or in part to carry out its obligations under this Agreement and if such party shall give notice and full particulars of such force majeure in writing to all other parties within a reasonable time after the occurrence of the event or cause relied upon, the obligations under this Agreement of the party giving such notice, so far as they are affected by such force majeure, shall be suspended during the continuance of the inability, which shall include a reasonable time for the removal of the effect thereof. The suspension of such obligations for such period pursuant to this subsection (b) shall not be deemed an Event of Default under this Article IV. The term "force maieure" as used herein shall include, without limitation, acts of God,. strikes, lockouts or other industrial disturbances, acts of public enemies, orders of any kind of the government of the United States of America or of the State or any of their departments, agencies, governmental subdivisions, or officials, or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, storms, floods, washouts, droughts, civil disturbances, explosions, partial or entire failure of utilities, or any other cause or event not reasonably within the control of the party claiming such inability. 10 Doc#1252922 v3 Breach by Ci_ty. Breach of any term of this Agreement by the City shall be actionable by the owners of the N'E1 Parcel and/or the Developer Parcels. Such complainants shall specifically be entitled to seek and obtain relief against the City in civil proceedings requiring a writ of mandamus for mandatory action and/or an injunction to prevent action by the City. MISCELLANEOUS PROVISIONS Amendment. Any amendment to this Agreement must be in writing and signed by all parties having an interest in the respective parcels, and by the City. Agreement to Run with Land. This PUD Agreement is to be recorded among the land records of Anoka County, Minnesota. The provisions of this Agreement shall mn with the land, be binding upon and inure to the benefit of NEI and the Developer and their successors in interest, including the Rental Townhomes Owner and the Senior Housing Owner, and shall be binding upon and inure to the benefit of the City of Columbia Heights, in perpetuity. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. Do Notices. All notices, certificates or other communications required to be given to City and Developer hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: To City: City of Columbia Heights 590 40t~ Avenue N.E. Columbia Heights, MN 55421-3878 To DeveloperT: Columbia Heights Transition Block, LLC c/o Real Estate Equities, Inc. 400 Degree of Honor Building 325 Cedar Street St. Paul, MN 55101 To NEI: NEI College of Technology 825 41s' Avenue N.E. Columbia Heights, MN 55421 Attn: President ? To be changed if Developer is not a party to provide notice address for other parties to this Agreement. 11 Doc #1252922 v3 Ken AnderSOn ' Planned iUnit DeveloPment Agreement (L&V 109 D~a~ii~O'~ .................... >A5 'i21 Fo 12 Doc #1252922 v3 The City, NEI and the Developer, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. Compliance with Laws. The Developer and NEI shall comply with all laws, ordinances and regulations of the state of Minnesota and the City applicable to the Property. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to choice of law provisions. Non-waiver. If any party waives any default or nonperformance by another party in writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. [Signature pages follow.] IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF COLUMBIA HEIGHTS, MINNESOTA a Minnesota municipal corporation By: Its: Mayor and By:. Its: City Manager STATE OF MINNESOTA ) ) SSo COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ~ day of , 2000, by , the Mayor, and by ., the City Manager, of the CITY OF COLIJMBIA HEIGHTS, MINNESOTA, a Minnesota municipal corporation, on behalf of the corporation. Notary Public [signatures continued on next page] This document was drafted by: Lindquist & Vennum P.L.L.P. (RGM) 4200 IDS Center Minneapolis, MN 55402 13 Dec #1252922 v3 ~'~, Anderson, Planned Unit Deyglopmgnt Agreement (L&V 109 Dra~):D~C ~ Page NEI COLLEGE OF TECHNOLOGY, Minnesota nonprofit corporation By: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ~ day of 2000 by the President of NEI COLLEGE OF TECHNOLOGY, a Minnesota nonprofit corporation, on behalf of the corporation. Notary Public [signatures continued on next page] 14 Doc #1252922 v3 Ken AnderSOn- p anned unit DeVelOpment Agreement (L&v 109 D~aff),Db~ p~'e i5 COLUMBIA HEIGHTS TRANSITION BLOCK, LLC,~ a Minnesota limited liability company By:. Its: STATE OF MINNESOTA ) ) SS. COUNTY OF .) The foregoing instrument was acknowledged before me this __ day of 2000, by , the of COLUMBIA HEIGHTS TRANSITION BLOCK, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public 8 To be changed if Developer is not a party to Agreement. 15 Doc #1252922 v3 EXHIBIT A LEGAL DESCRIPTION OF NEI PARCEL [to be inserted] A-t6 Doc#1252922v3 t' K~0 Anderson- Planned.Un!~ .Devel0Pment Agreement (L&V 109 Draff)~DOc ................ , ......... ,,~.~... 'i.~i ........ page 17 EXHIBIT B-1 LEGAL DESCRIPTION OF RENTAL TOWNHOMES PARCEL [to be inserted] B-17 Doc #1252922 v3 EXHIBIT B-2 LEGAL DESCRIPTION OF SENIOR HOUSING PARCEL [to be inserted] B-18 Doc#1252922 v3 Page 18 I Ke'o An~erson -Planned unit,DeVelopment Agree~gnt~,(~&V,~109~Dr~)iDQC Page 19 EXHIBIT C PLAT OF NORTHWESTERN 2ND ADDITION [to be inserted] C-19 Doc #1252922 v3 {Ken Anderson- Planne, d,,UnitDevelopment Agreement (L&V 109 Draft).DOC Page 20 I C-20 Doc #1252922 v3 EXHIBIT D SITE PLAN Ken Anderson- Planned Unit Devel°pm~nt Agreement (L&V i09 Draft):DoC page 21 C-21 Doe #1252922 v3 EXHIBIT E DRAINAGE AND PONDING EASEMENT Ken Anderson- Planned Unit Deve!opmentAgreement (L&V 10~ D~ft):~OC ..... ~ ..... ~,~ 'Page'22 1 C-22 Doc #1252922 v3 EXHIBIT F PARKING ORDINANCE [to be inserted] TC3:700718 v04 11/22/2000