CITY OF WOODBURY, MINNESOTA

Office of City Administrator

Council Letter No. 05-

April 13, 2005

Oppidan, Inc. is requesting a Planned Unit Development and Preliminary Plat/Final Plat and Final Site and Building Plan approval to build a 67,000 square foot retail store for Gander Mountain. Three retail/commercial sites along Hudson Road are conceptual and are not proposed for any detailed site and building plan review and approval at this time. The Preliminary Plat contains six lots and one outlot. However, the Preliminary Plat and Final Plat will include the three lots that can be combined in variations or developed individually. Development proposals for the Hudson Road retail lots will be reviewed by the Planning Commission and City Council under Final Site and Building Plan approval as each lot is developed.

The Site is located north of Hudson road northeast of Lakeview Drive. The Property is zoned B-2, General Business District and is shown as Places to Shop on the comprehensive Plan.

The Planning Commission voted 7-0 to recommend approval. They recommended deleting a condition to expand the parking lot in favor of meeting the impervious surface requirement of the ordinance. The Park and Recreation Commission voted 7 – 0 to approve cash in lieu of land for parkland dedication.

Staff concurs and recommends approval of the planned Unit Development, Preliminary Plat, Final Plat and the Gander Mountain Final site and Building Plans, Case Nos. 05-13. 05-14, 05-15, 05-16 and 05-17 subject to the following conditions:

Planning Division conditions:

1. Final Site and Building Plan review will be required for retail lots along Hudson Road. Lots may be combined as market changes demand.
2. Uses permitted in this PUD are those listed as permitted and as Conditional Use Permits in the B-2 zoning District, except no fast food restaurants, as defined in the zoning ordinance, will be allowed. A fast food facility may be a co-brand tenant within the Gander Mountain building.
3. For those lots that abut Hudson Road, setback reductions for parking lots, driveways or building locations shall conform to the B-2 zoning district requirements. Any deviations to those setbacks in this PUD shall be considered on a case-by-case basis at the time of Final Site and Building Plan review for any proposed building.
4. This PUD allows up to 50% impervious, provided sufficient stormwater infiltration capacity is provided such that the runoff from the site would be equal to that which would occur if the site were 30% impervious.
5. The billboard located on the Gander Mountain site shall be removed prior to the issuance of a building permit.
6. Prior to the issuance of a building permit, a revised landscape plan shall be approved by staff showing additional landscaping in each of the curb island to match the landscaping requirements listed in the zoning code.
7. Prior to the issuance of a building permit, a landscaping financial guarantee shall be submitted for at least 150% of the estimated cost of landscaping including sod.
8. Any trash enclosures shall utilize wooden or concrete product gates and be constructed on three sides using the same materials and patterns used on the building.
9. Any pitched roofs on buildings in the PUD shall use standing seam metal.
10. Buildings in the PUD shall use at least one or more building materials that match the primary building materials used on the Gander Mountain building.
11. Sign criteria shall be governed by the Sign Ordinance except as follows: An overall PUD comprehensive sign plan that includes a multi-tenant freeway sign. The comprehensive sign plan shall also include uniform materials that match building materials for the PUD and overall design for monument signs for lots adjacent to Hudson Road. The square relief medallions used on the building columns shall not be included in sign calculations.
12. Parking lot lighting shall have a maximum height not to exceed thirty feet in height, and be a shoebox style, sodium vapor, downward directed with flush lens. Other than wash or architectural lighting, attached lighting shall be shoebox style, sodium vapor, downward directed with flush lens.
13. Any entry lighting under canopies shall be recessed and use a flush lens.
14. All HVAC and other rooftop mechanical equipment shall be screened with materials that match materials and color used on the building.
15. Odor suppression equipment shall be required for all food preparation areas except in the Gander Mountain building.
16. All disturbed areas of the site, including right-of-way along Hudson Road, shall be sodded and maintained.
17. Prior to the issuance of a building permit the City Attorney shall review proof of cross parking and driveway easements for Lots 1 – 3, Block 1. The owner and/or the developer of Lot 5, Block 1 shall provide access and cross-easements from the south side of the property located adjacent to the northwest corner of the PUD site through Lot 5, Block 1 and Outlot A out to Hudson Road. That cross easement agreement shall also be reviewed and approved by the City Attorney prior to issuance of a building permit.
18. The owner and/or developer of Lot 5, Block 1 shall provide utilities to the common property line of the property located adjacent to the northwest corner of the PUD site through Lot 5, Block 1 and Outlot A out to Hudson Road.
19. Park dedication shall be satisfied in cash, and shall be paid in full before the Final Plat is released for recording, based on the rates in effect at that time.
20. Exterior display and storage shall be limited to the interior of the outdoor enclosure on the north end of the building.
21. A Developer’s Agreement shall be prepared and executed prior to the release of the Final Plat for recording.
22. This approval shall expire one year from the date of City Council approval unless a building permit has been requested or a time extension has been granted.

Engineering Division conditions:

1. The Developer of the Gander Mountain site shall be financially responsible for all watermain, sanitary sewer and storm sewer area and connection charges applicable to the property. Area charges will be memorialized in the Developer’s Agreement prepared for the project and collected at the time of final platting. Connection charges will be calculated and collected with the issuance of building permits.
2. The Developer of the Gander Mountain site shall be financially responsible for a traffic signal special assessment. This special assessment is estimated at $0.04 per net developable square foot of the total site area. Actual special assessment amount will be based on final site plan.
3. The Developer shall be entirely responsible for all costs associated with the construction of the Hudson Road street and utility improvements adjacent to the project with the exception of any trunk sanitary sewer and watermain which will be paid for by the City. The estimated costs are based on the preliminary report for the Hudson Road project and is subject to further refinement based upon actual project costs (construction plus overhead costs). The Developer will be required to concur with the preliminary report for the project prior to City Council approval. Financial participation will be memorialized in the Developer’s Agreement prepared for the project.
4. The Developer or future owners shall be financially responsible for cost participation in a potential future traffic signal at Hudson Road and Lakeview Drive if warranted. The Developers Agreement for the project shall specifically define future cost participation, should the traffic signal need to be installed. Cost participation for the Development will be 1/3 the total cost of the traffic signal which is currently estimated at $100,000.00 ($300,000.00 total project cost).
5. The Developer of the Gander Mountain site shall be financially responsible for any and all costs incurred by the City or its consultants for the review and/or studies of all on and off site street, utility, grading and erosion control improvements necessary for the site.
6. The preliminary plat for the Gander Mountain site shows an existing 16.5-foot ingress and egress easement along the west property line. This is a private access easement that serves the exception parcel northwest of the proposed site. The preliminary grading and landscape plans do not respect the existing easement and make it difficult to navigate from a grade and landscape perspective. The preliminary plan must be revised to provide for unobstructed travel along the entire ingress and egress easement. This condition may be waived upon execution of a revised unobstructed access easement between the Developer and owner of the exception parcel.
7. An additional 17-feet of road right-of-way will be required along the north side of Hudson Road, for the entire frontage of the site. The additional road right-of-way must be dedicated fee title to the City, without restrictions, at no cost.
8. All existing and new right-of-way, drainage and utility easements, outlots or other encumbrances must be shown on the final plat and dedicated to the City at no cost.
9. The standard 10-foot perimeter drainage and utility easements around the proposed lots for the Gander Mountain site must be shown on the final plat.
10. The vacation of any and all existing drainage and utility easements, rights-of-way or outlots necessary to accommodate development of the proposed Development shall be completed concurrently with or prior to recording of the final plat.
11. To guarantee the perpetuity of the storm water ponding areas on the site, outlots must be placed over those areas. The outlots must encompass an area one-foot above the high water elevation (HWL). In addition to platting the outlots, drainage and utility easement must be placed over the outlots that accommodate storm water ponding or infiltration.
12. The City’s consultant is currently designing Hudson Road to meet MSAS road standards. Any modifications to the Development’s grading, drainage, erosion control, utility, signage, landscaping or lighting plans, as a result of the Hudson Road street and utility improvements, shall be the responsibility of the Developer.
13. To better define access and future traffic movements to the exception parcel located northwest of the Gander Mountain site, a cross easement shall be designated over at least one of the proposed drive lanes through the Gander Mountain parking lot a minimum width of a two way driving lane.
14. The Developer shall be required to enter into a cross-access agreement with the owner of the exception parcel, if future development warrants such a configuration.
15. The Developer of the Gander Mountain site should provide a cross drive lane connection between their site and the adjacent Wal-Mart site. The cross drive lane connection should extend west from Gander Mountain’s westerly parking lot to the north side of the adjacent Wal-Mart site. The City is currently working with Wal-Mart for permission to make this connection. If in the event Wal-Mart grants permission, the Developer shall construct this access at their cost. If constructed, a stop sign and no left turn sign shall be provided at the entrance into the Wal-Mart parking lot.
16. The north bound two lanes entering the site at the easterly access must continue north beyond the future access drive into the proposed three lots along Hudson Road. The extension of the two lanes provides a bypass around vehicles making left turns into the three lots.
17. Access to the site during construction activities must be from the easterly entrance off of Hudson Road. In the event that Hudson Road is under construction, access to the site shall be coordinated with the City’s contractor.
18. The City’s Public Safety Department will review and approve all proposed fire hydrant locations and emergency vehicle access routes prior to issuance of any building permits.
19. The Developer shall be responsible for the installation of streetlights at all access locations that intersect with Hudson Road. The location and style of streetlights must be consistent with City requirements.
20. All development street signage and stripping must be consistent with the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD).
21. The plans for the Development shall include all applicable City infrastructure standard detail plates.
22. The City and its consultant are currently reviewing the design of the storm sewer, sanitary sewer, watermain and grading plans dated 02-22-05. Any changes or modifications requested by the City or its consultant shall be made by the Developer, at their expense. Revised plans addressing review comments must be provided to the City for review and approval prior to commencing of any grading, drainage, utility, roadway or building improvements.
23. Detailed information shall be provided for the existing and proposed storm sewer, sanitary sewer and watermain systems on all appropriate plan sheets. Information provided shall include but not limited to the following: structure rim and invert elevations, pipe gradients, pipe sizes, materials, sump locations, hydrant locations, valve locations and any other site specific information.
24. Sanitary sewer, watermain and storm sewer stubs must be provided out to property line of the exception parcel located northwest of the site. Invert elevations, pipe sizes and pipe materials, for the utility stubs, must be designed to accommodate future development of the exception parcel. The Developer shall be required to enter into an owner and maintenance agreement with the exception parcel in the event the utility connections are made.
25. It appears the proposed watermain designed for the Development will be extended westerly and connects with the existing private watermain located on the adjacent Wal-Mart site. Since the Wal-Mart site watermain is private, the Developer shall be responsible for contacting the adjacent property owner to obtain permission and/or easements necessary to facilitate the watermain connection. Any necessary easements necessary for this connection on the Wal-Mart site shall be recorded.
26. The proposed watermain along the east property line of the Gander Mountain site should be designed with adequate access for future maintenance.
27. The proposed watermain that extends around the west, south and east sides of the Gander Mountain building should be continued around the north side and be looped back to the front of the building as needed for fire protection.
28. Sumps must be constructed in the last accessible storm sewer structures within paved areas that discharge directly into or that are immediately adjacent to storm water ponds, infiltration basins or wetlands. Sump structures will be designed in accordance with the City’s standard details.
29. To accommodate storm water runoff along Hudson Road, a storm sewer stub must be provided from CBMH – 14 south to Hudson Road. The Developer’s engineer needs to coordinate with the City’s consultant to determine the appropriate invert elevation and pipe size. It is recommended that the storm sewer be located within the east access drive to preserve the entire outlot for future development.
30. All emergency overflow (EOF) elevations, locations and flow paths shall be better defined on the grading plan. EOFs information must be shown for all low point inlets, storm water ponds, infiltration basins, wetlands, and swales. All emergency overflows must be a minimum of 1.5 feet lower than the lowest ground elevation adjacent to any building located in the vicinity.
31. The Developer shall be responsible for protecting the proposed on-site storm sewer infiltration basins and components, adjacent wetlands and other storm sewer facilities from exposure to storm water runoff, sediments and debris during construction activities. Temporary storm water facilities may be necessary to protect the proposed and existing storm water facilities during all construction activities. Construction and maintenance of any temporary storm water facilities shall be the responsibility of the Developer.
32. The preliminary plans for the Development indicate grading on the adjacent Minnesota Department of Transportation (MnDOT) property to the north and east as well as on the exception parcel to the northwest. The Developer will be responsible for obtaining any necessary easements or agreements to perform work on adjacent private property, prior to commencing any site activities. A copy of all agreements secured by the Developer must be provided to the City, prior to issuance of any land disturbance or construction permits.
33. The Developer shall be responsible for grading the future three lots along Hudson Road to match the ultimate boulevard grades established for Hudson Road.
34. Grading, drainage and erosion control "Phasing Plans" must be submitted for review and approval prior to the City issuing a grading permit. All site activities shall adhere to the City’s "Land Disturbance Ordinance", NPDES permit requirements and Valley Branch Watershed District permit requirements.
35. Several retaining walls are proposed around the Gander Mountain site to accommodate drive lanes and storm water features. All retaining walls 48-inches or greater in height must to have a safety barrier installed along the top edge. Also, all retaining walls 48-inches or greater in height must have structural design plans submitted to the City.
36. All landscaping features placed along Hudson Road must be located outside of the road right-of-way.
37. The Developer shall be responsible for obtaining any and all necessary reviews, approvals and permits from other governmental agencies, prior to commencing of any site activities. Changes to the plans, as a result of reviews, recommendations or approvals from other agencies, shall be reviewed and approved by City staff prior to implementing any changes. Copies of agency submittals shall be provided to the City as well as copies of all approvals or permits.
38. The Developer shall be responsible for capping or abandoning all existing private wells and sanitary sewer septic systems, per state or local requirements, that are located on the site. All appropriate documentation regarding the abandonment of existing private wells and septic systems must be submitted to the appropriate agency and copied to City.
39. The Developer or business owners shall be responsible for the cost, construction, installation, maintenance, inspection, repair, replacement or restoration of all private interior streets, utilities, parking lots, streetlights, pavement markings, traffic control devices, pedestrian signage, retaining walls, ponds, infiltration basins, landscaping and any other private features associated with the Development.
40. A "Snow Removal Plan" must be submitted to the City for review and approval. This plan shall ensure that all snow is removed from curb to curb, as a minimum, after each snow fall event of two inches or more. Placement of any snow removed from the Development shall not be allowed in adjacent wetlands, storm water features or public rights-of-way.
41. It will be the responsibility of the Developer, property owner or the association to submit an operation and maintenance plan (O&M Plan) for the long term care of all on-site storm sewer, sanitary sewer, watermain and roadway system to the City for review and approval. The Developers, property owners or the associations will be responsible to carry out these operation and maintenance activities and to submit the appropriate documentation to the City as specified.
42. The operations and maintenance plan for the on-site storm sewer system and components must follow the National Pollutant Discharge Elimination System (NPDES), the City’s Land Disturbance Ordinance requirements or other agency requirements.