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Res 2013-35 RESOLUTION NO. 2013-35 RESOLUTION APPROVING A TRANSIT ORIENTED DEVELOPMENT MASTER PLAN, TOD #13-01, BY INDUSTRIAL EQUITIES, LLP, FOR THE PURPOSE OF REDEVELOPMENT OF THE PROPERTY LOCATED AT 5601 EAST RIVER ROAD WHEREAS, Section 205.33.07of Fridley City Code requires that any project within the TOD District shall subject plans to be reviewed by the Planning Commission, the Housing and Redevelopment Authority, and the City Council; and WHEREAS, the Planning Commission held a public hearing on March 20, 2013 to consider a TOD Master Plan Request, TOD #13-01, by Industrial Equities, LLP for the property generally located at 5601 East River Road NE, legally described in Exhibit B, and recommended approval of said TOD Master Plan; and WHEREAS, the Fridley Housing and Redevelopment Authority reviewed the application at their April 4, 2013 meeting and also recommended approval to the City Council; and WHEREAS, the City Council approved the TOD MASTER PLAN, TOD #13-01 at their July 22, 2013, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the MASTER SITE PLAN and EXTERIOR ELEVATIONS have been attached as Exhibit C. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves TOD MASTER PLAN, TOD #13-01 for the INDUSTRIAL EQUITIES LLP and sends notice to the petitioner that any substantial modification to the approved master site plan and exterior elevations, as shown in Exhibit C, will require further review by the Planning Commission and City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS 22nd DAY OF JULY 2013. ________________________________ SCOTT J. LUND - MAYOR ATTEST: _________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2013-35 Page 2 EXHIBIT A TOD# 13-01 TOD Master Plan Industrial Equities, LLP, 5601 East River Road NE, Fridley, MN 55432 STIPULATIONS 1.The property shall be developed in accordance with the master site plan, A100 by Finn Daniels Architects dated, 7/17/13. 2.The office/warehouse building shall be developed in accordance with the architectural office/warehouse exterior elevations sheet, A300, by Finn Daniels Architects dated, 7/17/13. 3.The petitioner shall obtain all necessary permits prior to construction. 4.The petitioner shall meet all Building code, Fire code, and ADA requirements. 5.The petitioner shall ensure that the proposed free-standing signs meet code requirements and shall obtain a separate sign permit prior to installation. 6.Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 7.The petitioner shall receive Mississippi Watershed Management Organization approvals prior to issuance of a building permit. 8.City engineering staff to review and approve grading, drainage and utility plans prior to issuance of building permits. 9.The petitioner shall pay all water and sewer connection fees prior to issuance of a building permit. 10.Drip irrigation shall be installed in all median and walkway planting areas and a plan shall be reviewed and approved prior to issuance of a building permit. 11.All lighting in the development shall be shielded and downcast. Lighting shall be provided through free-standing lighting that adequately illuminate the sidewalk. 12.All crosswalks shall be installed using a colorized pavement pattern when connecting the sidewalk on each side of a driveway. A minimum of two colorized crosswalks shall be incorporated that connect the office/warehouse building to the rest of the development and shall be installed with the construction of the “development parkway.” All connections shall be accessible. 13.The petitioner shall file at Anoka County a mutually acceptable access agreement with 5851 East River Road for access to the site, based on the Master Site Plan submitted, A100 dated 7/17/13, or submit for City approval of petitioner's roadway alternative. Resolution No. 2013-35 Page 3 14.Additional walkways shall be incorporated on the proposed future professional office development and multi-family/senior housing development to ensure internal circulation and adequate connections to existing mass transit opportunities. Plan to be reviewed and approved by City staff prior to issuance of a building permit. 15.Additional outdoor amenities and landscaping shall be installed on the multi- family/senior housing development portion of the project. Plan to be reviewed and approved by City staff prior to issuance of a building permit. 16.Building façade on the proposed future professional office development and multi- family/senior housing development shall comply with TOD requirements. 17.The first phase of the “development parkway” with medians and landscaping per master site plan A100 dated 07/17/13 shall be installed as part of the construction of the office/warehouse building. 18. The second median within the “development parkway” shall be eliminated or a surmountable curb shall be installed to allow ingress and egress for truck traffic and the cul-de-sac on the south end of the “development parkway” shall also be redesigned to accommodate for truck/bus traffic. 19.The petitioner shall maintain vegetative cover to minimal City Code standards, through sod or seed and mowing, the remaining development area after construction of the office/warehouse building until development occurs. 20.The furthest east driveway as set forth in Master Site Plan submitted A100 dated th 07/17/13 shall be closed and removed when 57 Avenue is extended from Main Street to East River Road. The Petitioner understands, acknowledges and expressly waives, for itself, its heirs, successors, and assigns any claim that such future closure or removal constitutes a taking. Petitioner expressly agrees that such closure and removal of said driveway shall not constitute a taking. 21.If the square footage of the footprint of any of the buildings proposed changes by more than 10% at that phase of the development or the proposed building use changes, a TOD master plan amendment shall be required. 22.A Development Agreement outlining the Developer’s construction obligations will be prepared by the City and shall be signed by the Petitioner prior to issuance of a building permit for the office/warehouse building. th 23.The petitioner shall dedicate land required for the proposed 57 Avenue extension in accordance with the Master Site Plan submitted, A100 dated 7/17/13. Right-of-way easement document shall be prepared and filed by the City. If at some future date, the th City determines that the 57 Avenue extension is not feasible, the City shall commence the vacation process for said land as prescribed by law. ResolutionNo.2013-35Page4 Resolution2013-35Page5